# legal_provisions

document_id: riea-1995
provision_ref: s26
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 26
title: Powers of arrest and search
content:
26. An authorised officer may arrest without warrant any person whom he or she has reason to believe to be committing or to have committed an offence under this Act or any regulations made under this Act, and may search any person so arrested (except that a woman must be searched only by another woman and with strict regard to decency) and may seize any article which he or she considers necessary to seize as evidence of the commission of the offence.


document_id: riea-1995
provision_ref: s27
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 27
title: Obstruction
content:
27. Any person who — ( a ) refuses any authorised officer access to any vessel, aircraft, vehicle or place which the officer is entitled under this Act or any regulations made under this Act; or ( b ) obstructs or hinders any authorised officer in the execution of any duty imposed or power conferred upon that officer by this Act or any regulations made under section 3, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: riea-1995
provision_ref: s28
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 28
title: Penalty for false declarations, etc.
content:
28. —(1) Any person who, being required by or by virtue of this Act or any regulations made under this Act to make any declaration, statement or representation or to produce any certificate, undertaking or document, or who, for the purpose of obtaining any certificate, licence, permit, sanction, authority or concession under this Act or any of its regulations or of establishing any proposition of fact relevant to the administration of this Act or any of its regulations — ( a ) makes or presents any declaration, statement or representation or furnish any information which is false in a material particular; or ( b ) produces any certificate, undertaking or document which is false in any material particular, or has not been given by the person by whom it purports to have been given, or has been in any way altered or tampered with, shall be guilty of an offence, unless he or she proves that he or she had taken all reasonable steps to ascertain, and satisfy himself or herself of, the truth and genuineness thereof, 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. (2) A declaration, statement, representation, certificate, undertaking or document mentioned in subsection (1) purporting to be furnished on behalf of any person is, for the purposes of this Act or any regulations made under this Act, presumed, until the contrary is proved, to have been furnished by that person or by that person’s authority (as the case may be) and any person signing such declaration, statement, representation, certificate, undertaking or document is deemed to be cognizant of all matters therein.


document_id: riea-1995
provision_ref: s28A
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 28A
title: Penalty for incorrect trade descriptions
content:
28A. —(1) Any person who imports, exports or tranships any goods and — ( a ) applies or causes to be applied to the goods an incorrect trade description; or ( b ) has in the person’s possession for sale or for any purpose of trade any goods to which an incorrect trade description has been applied, shall be guilty of an offence and shall be liable on conviction — ( c ) in respect of a first offence, to a fine not exceeding $100,000 or 3 times the value of the goods in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both; and ( d ) in respect of a second or subsequent offence, to a fine not exceeding $200,000 or 4 times the value of the goods in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both. [28/2003] (2) For the purpose of subsection (1), a person is treated as applying a trade description to goods if the person — ( a ) affixes or annexes the trade description to, or in any manner marks the trade description on or incorporates it with — (i) the goods themselves; or (ii) anything in, on or with which the goods are supplied; ( b ) places the goods in or with anything that the trade description has been affixed or annexed to, marked on or incorporated with or places any such thing with the goods; or ( c ) uses the trade description in any manner likely to be taken as referring to the goods. [28/2003] (3) For the purpose of subsection (1), where the goods are for export or transhipment and the ultimate destination of the goods is a foreign country which has entered into a prescribed agreement with Singapore, a trade description applied to such goods is treated as being incorrect if it is not in accordance with any rules of origin specified in that agreement. [28/2003] (4) For the purpose of subsection (1), a person mentioned in that subsection is treated as being in possession of goods if the person is in any way entitled to the custody or control of those goods. [28/2003] (5) Without affecting the provisions of this Act, for the purpose of determining whether an offence under subsection (1) is being or has been committed, an authorised officer may — ( a ) at any reasonable time enter upon the premises of any person mentioned in subsection (1) and carry out an inspection of those premises; and ( b ) require any person — (i) to furnish any information within the person’s knowledge; or (ii) to produce for inspection any book or document within the person’s custody or possession, and to provide copies of or extracts from such book or document. [28/2003] (6) In this section — “foreign country” means any country or territory outside Singapore; “prescribed agreement” means an agreement between Singapore and a foreign country which is prescribed as an agreement for the purpose of subsection (3); “trade description” means any description, statement or indication which, directly or indirectly and by whatever means given, relates to the place of origin, manufacture or production of the goods. [28/2003]


document_id: riea-1995
provision_ref: s29
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 29
title: Penalty for unauthorised modification of computer program or data
content:
29. —(1) Any person who, without the authority of the Director‑General — ( a ) destroys, damages, erases or otherwise manipulates data stored in, or used in connection with, a computer; ( b ) introduces into, or records or stores in, a computer by any means data for the purpose of — (i) destroying, damaging, erasing or altering other data stored in that computer; or (ii) interfering with, interrupting or obstructing the lawful use of that computer or the data stored in that computer; or ( c ) otherwise uses a computer, the purpose or effect of which is to avoid, evade, defeat or reduce any prohibition, restriction or control of the import, export, transhipment or transit of any goods imposed or which would otherwise have been imposed by this Act or any regulations made 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. [6/2003] (2) For the purposes of subsection (1), “data” includes any computer program or part of a computer program being a program, whether or not approved by the Director‑General, for use in relation to the computer service established under section 8. [6/2003]


document_id: riea-1995
provision_ref: s30
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 30
title: General powers to call for information as to goods
content:
30. —(1) The Director‑General may require the following persons to produce any document and furnish any information the Director‑General considers necessary for the effective exercise of the Director‑General’s powers and performance of the Director‑General’s duties under this Act or any regulations made under this Act: ( a ) any person by or on whose behalf goods have been, or are in the course of being, or are about to be — (i) imported, exported, carried coastwise, shipped as ships’ stores, carried as aircraft stores, or transhipped; or (ii) brought in transit through Singapore on board a vessel and a requirement to inspect goods on board the vessel is imposed pursuant to any written law giving effect to any relevant decision of the United Nations Security Council; ( b ) any person who is or has been concerned or interested in those goods or in their import, export, carriage coastwise, shipment as ships’ stores, carriage as aircraft stores, transhipment, or transit through Singapore. [16/2018] (2) Any such requisition under subsection (1) may be made verbally or in writing or by an electronic notice served on the person to whom it is addressed. (3) Every person required to produce any document or furnish any information must produce the document or furnish the information in such form and manner and within such time as may be specified in the requisition or if no time is so stated within a reasonable time. (4) Any person who, without lawful excuse, fails to comply with any requisition under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. (5) Any information given in compliance with this section may be admissible in evidence as proof against the person giving the information or the person’s principal in any prosecution, even though it may tend to incriminate one or the other.


document_id: riea-1995
provision_ref: s31
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 31
title: Information not to be published or disclosed
content:
31. —(1) No particulars, information or document furnished for the purposes of this Act or any regulations made under this Act may unless with the prior consent in writing of the person having the control, management or superintendence of the goods in relation to which the same was given or furnished — ( a ) be published; or ( b ) be communicated or disclosed to any person, except where it is necessary for the purposes of — ( c ) a prosecution under this Act or any regulations made under this Act; ( d ) enabling an authorised officer or a public officer to enforce a provision of this Act or any regulations made under this Act; ( e ) enabling an authorised officer or a public officer to investigate a suspected offence under this Act or any regulations made under this Act; ( f ) a prosecution of such offence under such written law (other than this Act) as may be prescribed; ( g ) enabling a public agency to enforce any provision of written law (other than this Act) that may be prescribed; ( h ) enabling a public agency to investigate a suspected offence under any provision of written law (other than this Act) that may be prescribed; ( i ) subject to subsection (2), enabling a public agency to discharge its function, duty or power of collecting, compiling and analysing the particulars or information, and — (i) providing its collection, compilation or analysis to another public agency for policy formulation or review by that other public agency; or (ii) publishing its collection, compilation or analysis in any form that will not identify, and is not reasonably capable of being used to identify, any person to which the information or particulars relate; ( j ) subject to subsection (2), enabling a public agency to take steps to protect individuals and communities from risks or threats to public health or safety, or to protect against risks or threats to the security of Singapore (including her financial and economic security); ( ja ) enabling a Suspicious Transaction Reporting Officer to carry out any of the responsibilities of the Suspicious Transaction Reporting Office, including for the purpose of detecting the possible commission of an offence specified in the First, Second or Third Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; [Act 24 of 2024 wef 14/11/2024] ( k ) satisfying a request for information under section 353 of the Copyright Act 2021, section 59B or 67D of the Geographical Indications Act 2014, section 68I of the Registered Designs Act 2000 * , or section 85B or 93E of the Trade Marks Act 1998; [Act 34 of 2018 wef 21/11/2022] ( l ) enabling a foreign government authority to investigate a suspected offence committed in a foreign country, where the conditions specified in subsection (8) are satisfied; or ( m ) complying with any provision of any prescribed agreement, where the conditions specified in subsection (9) are satisfied. [28/2003; 3/2014; 34/2018; 22/2021] [*Updated to be consistent with the 2020 Revised Edition] (2) No particulars, information or document mentioned in subsection (1) may be published, disclosed or communicated pursuant to paragraph ( i ) and ( j ) of that subsection except with the approval of the Minister. [3/2014] (3) The approval of the Minister mentioned in subsection (2) may be given in respect of — ( a ) a specific public agency or a class of public agencies; and ( b ) a specific request for particulars, information or documents, or requests for particulars, information or documents falling within such class as the Minister may in his or her approval specify. [3/2014] (4) For the purposes of subsection (1)( j ), the particulars or information in question may be provided to the public agency through another public agency. [3/2014] (5) Nothing in subsection (1) prevents the Minister, and any public officer assisting the Minister and duly authorised by the Minister for the purposes of this subsection, from having access to any particulars, information or document mentioned in subsection (1) that may be necessary for the performance of his or her official duties in connection with this Act or the advancement or development of trade. [3/2014] (6) Any authorised officer or any person employed or engaged in the administration of this Act or any regulations made under this Act who makes use of, publishes or permits any other person to see or communicates or discloses to any other person the contents of any particulars, information or document to any other person, otherwise than with such consent or for such purpose as is mentioned in subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. (7) Any person, having possession of any information which to the person’s knowledge has been communicated, disclosed or published in contravention of this section, who publishes or communicates that information to any other person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. (8) The conditions mentioned in subsection (1)( l ) are as follows: ( a ) there exists a treaty or memorandum of understanding between Singapore and the government of the foreign country in respect of matters under this Act or any regulations made under this Act and a request has been made by the foreign government authority pursuant to the treaty or memorandum of understanding; ( b ) the investigations involve a citizen or permanent resident of Singapore or a company incorporated in Singapore; ( c ) the suspected offence which is the subject of the investigation constitutes an offence against the law of or of a part of, a foreign country and the equivalent act or omission would, if it had occurred in Singapore, have constituted an offence under this Act or any regulations made under this Act or under any other written law that the Minister may, by notification in the Gazette , prescribe; ( d ) the seriousness of the suspected offence is of sufficient gravity and the information requested is of sufficient importance to the investigation; ( e ) the foreign government has agreed to provide reciprocal assistance in such matters to Singapore; ( f ) the communication or disclosure is not likely to prejudice the sovereignty, security or other essential interests of Singapore; ( g ) it is appropriate in the public interest to give the information sought; ( h ) the foreign authority undertakes that the information given must not be used for any other purpose except for the investigation of the suspected offence or for the prosecution of the offender concerned; ( i ) the Minister has given his or her consent in writing to the publication, communication or disclosure. [3/2014] (9) The conditions mentioned in subsection (1)( m ) are as follows: ( a ) the particulars, information or documents requested by the foreign country are available to the Director-General; ( b ) unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; ( c ) the disclosure of the information is not likely to prejudice the essential security interests of Singapore. [28/2003; 3/2014] (10) In this section — “foreign country” means any country or territory outside Singapore; “prescribed agreement” means an agreement between Singapore and a foreign country which is prescribed as an agreement for the purpose of subsection (1)( m ); “public agency” means a public officer, an organ of state or a ministry or department of the Government, or a public authority established by or under any public Act for a public purpose or a member, an officer or an employee, or any department, thereof; [Act 24 of 2024 wef 14/11/2024] “Suspicious Transaction Reporting Office” means the office mentioned in section 5(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; [Act 24 of 2024 wef 14/11/2024] “Suspicious Transaction Reporting Officer” means a Suspicious Transaction Reporting Officer as defined in section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 who is a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004. [28/2003; 3/2014] [Act 24 of 2024 wef 14/11/2024]


document_id: riea-1995
provision_ref: s32
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 32
title: Abetment and attempts
content:
32. Any person who abets, within the meaning given by the Penal Code 1871, and any person who attempts to commit any offence, shall be guilty of an offence and shall be liable on conviction to the same punishment as that provided for the offence so abetted or attempted.


document_id: riea-1995
provision_ref: s33
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 33
title: Jurisdiction of courts
content:
33. A District Court or a Magistrate’s Court has jurisdiction to hear and determine all prosecutions for offences under this Act or any regulations made under this Act; and a District Court, despite anything to the contrary in the Criminal Procedure Code 2010, has jurisdiction to impose the full penalty or punishment under this Act or any regulations made under this Act.


document_id: riea-1995
provision_ref: s34
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 34
title: Power of Minister to remit penalties and restore goods seized or forfeited
content:
34. The Minister may direct the remission or refund of the whole or any part of any penalty incurred or imposed under this Act or any regulations made under this Act and the restoration of the whole or any portion of any goods or articles seized or ordered to be forfeited under this Act or any regulations made under this Act to any person from whom they have been taken. [6/2003]


document_id: riea-1995
provision_ref: s35
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 35
title: Conduct of prosecution
content:
35. Any prosecution in respect of an offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by any person authorised in writing by the Director‑General to conduct the prosecution. [6/2003; 15/2010]


document_id: riea-1995
provision_ref: s36
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 36
title: Offences by corporations and liability for acts of agents or employees
content:
36. —(1) Where — ( a ) an offence under this Act or any regulations made under this Act is committed by a body corporate; and ( b ) it is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Whenever any agent or employee in the course of his or her employment does or omits to do an act, the doing of which or omission to do which by his or her principal or employer would be an offence, the agent or employee shall be guilty of that offence. (3) In any proceedings jointly against the body corporate and a director or officer thereof for an offence under this Act, any evidence that the body corporate was guilty of such an offence is deemed to be evidence that the director or officer was guilty of that offence. (4) Any person who would have been guilty of an offence if anything had been done or omitted to be done by the person personally shall be guilty of that offence and shall be liable to the same penalty if that thing had been done or omitted to be done by the person’s partner, agent or employee in the course of the partnership business or in the scope of the person’s employment (as the case may be) unless the person proves to the court’s satisfaction that the offence was committed without the person’s knowledge and that the person took all reasonable precautions to prevent that act or omission.


document_id: riea-1995
provision_ref: s37
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 37
title: Protection of informers
content:
37. —(1) Subject to this section, no evidence as to any information given by an informer in respect of any offence alleged to have been committed may be admitted in evidence in any civil or criminal proceedings, and no witness may be obliged or permitted to disclose the name or address of any informer or state any matter which might lead to the discovery of the identity of any informer. (2) If any book, document, paper or other information 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 might lead to the discovery of the informer’s identity, the court is to cause all those entries to be concealed from view, erased or obliterated to the extent necessary to prevent the discovery of the identity of the informer but no further. (3) If, in any civil or criminal proceedings, the court, after full inquiry into the case, is of the opinion that the informer wilfully made in any information furnished by the informer a material statement which the informer knew or believed to be false or did not believe to be true or the court is of the opinion that justice cannot be fully done without the discovery of the identity of the informer, it is lawful for the court to require the production of the original information in any form that the court may accept, and to permit inquiry and require full disclosure concerning the informer. (4) For the purposes of this section, “informer” includes every person who is not called as a witness for the prosecution in a criminal case and who has made any complaint or report or furnished any information in respect of any offence alleged to have been committed by any person.


document_id: riea-1995
provision_ref: s38
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 38
title: Admissibility of certified true copies of documents
content:
38. A copy of any document issued by the Director-General or filed or lodged with the Director-General and certified to be a true copy by an authorised officer is, in any proceedings under this Act or any regulations made under this Act, admissible as evidence of the facts stated or contained in the document. [6/2003]


document_id: riea-1995
provision_ref: s39
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 39
title: Composition of offences
content:
39. —(1) Any senior authorised officer may compound any offence under this Act or any regulations made under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding — ( a ) $1,000 in respect of any offence where the maximum fine prescribed for that offence is less than $5,000; and ( b ) $5,000 in respect of any other prescribed offence. [6/2003; 3/2014] (2) The Minister may make regulations to prescribe the offences which may be compounded. [6/2003] (3) All sums collected under this section must be paid into the Consolidated Fund. [6/2003]


document_id: riea-1995
provision_ref: s40
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 40
title: Protection from personal liability
content:
40. No suit or other legal proceedings shall lie personally against any authorised officer or other person acting under the direction of the Director‑General for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any regulations made under this Act. [6/2003]


document_id: riea-1995
provision_ref: s41
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 41
title: Deemed public servants
content:
41. All authorised officers are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: riea-1995
provision_ref: s42
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 42
title: Levy, fees and other charges
content:
42. —(1) Without affecting any other remedy, any levy, fees or other charges payable under this Act or any regulations made under this Act, may be recovered as a debt due to the Government. [6/2003] (2) The Minister may direct the remission or refund of the whole or any part of any levy, fees or other charges payable under this Act or any regulations made under this Act. [6/2003]


document_id: riea-1995
provision_ref: s43
chapter: PART 2 - REGULATION AND CONTROL OF IMPORTATION
section: 43
title: Consent of Public Prosecutor
content:
43. No court may try an offence under this Act or any regulations made under this Act except with the consent of the Public Prosecutor. [15/2010]


document_id: rpa-1976
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “approved purchaser” means — ( a ) a Singapore company; ( b ) a Singapore limited liability partnership; ( c ) a Singapore society; ( d ) a foreign person to whom approval has been granted under section 25, 30 or 31; ( e ) any person, company, limited liability partnership, society, association or other organisation or body who or which has been exempted by the Minister under section 32; or ( f ) any body, corporate or otherwise, declared by the Minister by notification in the Gazette to be a public authority or an instrumentality or agency of the Government; “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001; “citizen” or “citizen of Singapore” means any person who, under the provisions of the Constitution of the Republic of Singapore, has the status of a citizen of Singapore; “Committee” means the Residential Property Advisory Committee established under section 25; “Controller” means the Controller of Residential Property and includes a Deputy and an Assistant Controller of Residential Property appointed under section 29; “converted entity”, in relation to sections 9 and 26, means a converted foreign company, converted foreign limited liability partnership or converted society; “converted foreign company” means any Singapore company which becomes a foreign company on or after 1 October 1976 while being an owner of an estate or interest in any residential property that is not non‑restricted residential property; “converted foreign limited liability partnership” means any Singapore limited liability partnership which becomes a foreign limited liability partnership on or after 11 April 2005 while being an owner of an estate or interest in any residential property that is not non‑restricted residential property; “converted society” means any Singapore society which becomes a foreign society on or after 1 October 1976 while being an owner of an estate or interest in any residential property that is not non‑restricted residential property; “court” means the General Division of the High Court; “director”, in relation to a company, means any person occupying or acting in the position of director of the company, by whatever name called; “dwelling house” includes any building or tenement, or any part thereof, which is used, constructed or adapted for use for human habitation; “flat” means a horizontal stratum of any building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose, and which may be comprised in a “lot”, or in part of any “subdivided building” not shown in a registered “strata title plan” (the last 3 expressions within quotation marks having the meanings given by the Land Titles (Strata) Act 1967); “foreign company” means any company (whether a holding company or otherwise) other than a Singapore company; “foreign limited liability partnership” means any limited liability partnership other than a Singapore limited liability partnership; “foreign person” means any person who is not any of the following: ( a ) a citizen of Singapore; ( b ) a Singapore company; ( c ) a Singapore limited liability partnership; ( d ) a Singapore society; “foreign society” means any society other than a Singapore society; “HUDC flat” means — ( a ) any flat comprised in any of the subdivided buildings described in the First Schedule; or ( b ) any of the flats described in the Second Schedule, which has been sold by the Housing and Urban Development Company (Private) Limited, a company incorporated in Singapore, to any person at any time before 1 May 1982 for use as a dwelling place; “land” has the meaning given by the Land Titles Act 1993; “limited liability partnership” means any limited liability partnership, whether registered in Singapore under the Limited Liability Partnerships Act 2005 or otherwise; “manager”, in relation to a limited liability partnership, means any person (whether or not a partner of the limited liability partnership) who is concerned in or takes part in the management of the limited liability partnership; “Master Plan” has the meaning given by the Planning Act 1998; “mean average of 2 valuations” means the sum of any 2 specified valuations divided by 2; “member”, in relation to any company, means — ( a ) any person who owns a share or holds a membership in the company; ( b ) in the case of a share or membership in the company that is held in trust, the person who is the beneficiary of the trust; or ( c ) any person, not being an owner of a share or a holder of a membership in the company, who controls any rights attached to any share or membership in the company through a contract or other arrangement; “Minister” means the Minister for Law; “mortgage” includes every instrument creating a mortgage or charge on land or a transfer of a mortgage or a sub‑mortgage; “non‑restricted residential property” means any residential property described in section 4(1) but not in section 4(2); “notice to attach and sell” means any notice issued by the Minister under section 3(6), 3A(3), 4(8), 5(7), 9(11), 22(3), 27(3) or 32(2A) directing the Controller to attach and sell in accordance with this Act such estate or interest in such residential property or land as is specified in the notice; “owner”, in relation to any residential property, means a person other than the mortgagee or chargee not in possession, who is for the time being entitled to dispose of the freehold of any residential property whether in possession or reversion, or who holds under a leasehold or is entitled to the rents and profits of the residential property; “partner”, in relation to a limited liability partnership, means any person who has been admitted as a partner in the limited liability partnership in accordance with the agreement expressed or implied between the partners of the limited liability partnership or between the limited liability partnership and its partners which determines the mutual rights and duties of the partners and their rights and duties in relation to the limited liability partnership; “permanent resident” means any person who is not subject to any restriction as to his or her period of residence in Singapore imposed under the provisions of any written law relating to immigration for the time being in force, and includes any person resident in Singapore who is deemed by the Committee, in its discretion, in the circumstances of any particular case to be a permanent resident for the purposes of this Act; “Registrar” means — ( a ) the Registrar of Titles and includes a Deputy Registrar of Titles and an Assistant Registrar of Titles appointed under the Land Titles Act 1993; and ( b ) where the occasion requires, the Registrar of Deeds and includes a Deputy Registrar of Deeds appointed under the Registration of Deeds Act 1988; “residential property” includes — ( a ) any vacant land upon which no building or other structure exists or any land upon which exists any building or other structure which is constructed or used contrary to any written law; ( b ) any house, building or other premises or any part thereof which is permitted to be used pursuant to the Planning Act 1998 or any other written law as a dwelling house or which is lawfully so used; ( c ) any land zoned for residential purposes in the Master Plan; and ( d ) such other land or building, in whatever manner zoned in the Master Plan, as the Minister may, by notification in the Gazette , declare to be residential property for the purposes of this Act, but does not include — ( e ) any land, whether or not vacant, which is zoned for industrial or commercial purposes or both such purposes in the Master Plan or which is permitted to be used pursuant to the Planning Act 1998 or any other written law solely for industrial or commercial purposes or both such purposes; ( f ) any house, building or other premises, or any part thereof, which is permitted to be used pursuant to the Planning Act 1998 or any other written law solely for industrial or commercial purposes or both such purposes or which is lawfully so used; ( g ) any hotel registered under the provisions of the Hotels Act 1954; and ( h ) such other land or building, in whatever manner zoned in the Master Plan, as the Minister may, by notification in the Gazette , declare to be industrial, commercial or non‑residential property for the purposes of this Act; “Singapore company” means any company which satisfies the following requirements: ( a ) the company is incorporated in Singapore and its directors and members are all citizens; ( b ) if any member of the company is another company, that other company satisfies the requirements of paragraph ( a ); ( c ) if that other company mentioned in paragraph ( b ) has a member which is a company, which in turn has a member which is also a company and so on, all the members of each such company consist only of any or any combination of the following: (i) citizens; and (ii) companies that satisfy the requirements of paragraphs ( a ) and ( b ); and ( d ) if any member of the company is a limited liability partnership, that limited liability partnership is a Singapore limited liability partnership; “Singapore entity”, in relation to sections 9 and 26, means a Singapore company, Singapore limited liability partnership or Singapore society; “Singapore limited liability partnership” means any limited liability partnership that satisfies the following requirements: ( a ) the limited liability partnership is registered in Singapore under the Limited Liability Partnerships Act 2005 and all its partners are citizens; ( b ) if any partner of the limited liability partnership is another limited liability partnership, that other limited liability partnership satisfies the requirements under paragraph ( a ); ( c ) if that other limited liability partnership mentioned in paragraph ( b ) has a partner which is a limited liability partnership, which in turn has a partner which is also a limited liability partnership and so on, all the partners of each such limited liability partnership consist only of any or any combination of the following: (i) citizens; and (ii) limited liability partnerships that satisfy the requirements of paragraphs ( a ) and ( b ); and ( d ) if any partner of the limited liability partnership is a company, that company is a Singapore company; “Singapore society” means any society formed or constituted in Singapore and registered or exempted from registration under any written law, all of whose members are citizens and all of whose trustees are either citizens or a trust company licensed under the Trust Companies Act 2005; “society” means — ( a ) any unincorporated body or association of persons; ( b ) any trade union, cooperative society, mutual benefit organisation or other organisation; or ( c ) any statutory body constituted under any written law; “to transfer”, with reference to residential property, means to convey, sell, assign, settle, create by declaration of trust, assent or in any manner dispose of any estate or interest in residential property, and includes the vesting of any estate or interest in residential property, but does not include a transfer by way of mortgage, charge or reconveyance; and “transfer” includes a conveyance, sale, assignment, settlement, declaration of trust, assent, disposition of whatever nature, the vesting of any estate or interest in residential property by an instrument or under a vesting order of court and every instrument capable of vesting any estate or interest in residential property upon registration of such instrument by the Registrar, but does not include a mortgage, charge or reconveyance. [35/2010; 40/2019] (2) The provisions of this Act have effect despite the provisions 


document_id: rpa-1976
provision_ref: s3
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 3
title: Prohibition on transfer to, or purchase or acquisition by, foreign persons of residential property
content:
3. —(1) Except as provided in this Act — ( a ) a person must not, whether for consideration or by way of gift inter vivos or otherwise, transfer any residential property or any estate or interest therein to any foreign person; ( b ) a person must not create any trust for sale in respect of any residential property or any estate or interest therein in favour of any foreign person; and ( c ) a foreign person must not purchase or acquire any residential property or any estate or interest therein except by way of a mortgage, charge or reconveyance. (2) Any — ( a ) transfer of any residential property or of any estate or interest therein by any person to a foreign person made in contravention of subsection (1)( a ); ( b ) trust for sale in respect of any residential property or any estate or interest therein created by any person in favour of any foreign person in contravention of subsection (1)( b ); and ( c ) purchase or acquisition of any residential property or of any estate or interest therein by any foreign person, except by way of a mortgage, charge or reconveyance, made in contravention of subsection (1)( c ), is void. (3) No estate or interest in any residential property belonging to a deceased person who dies on or after 11 September 1973 passes by bequest, succession or inheritance to any foreign person who is beneficially entitled under a will or under any written law governing intestate succession. (4) Where a foreign person would, but for subsection (3), be beneficially entitled to an estate or interest in residential property, the legal personal representatives to whom probate or letters of administration are granted in respect of such residential property are, subject to subsection (5), bound to sell such estate or interest in the residential property to a citizen or an approved purchaser within a period of 5 years from the date of the death of the deceased person, or within any extension thereof allowed under subsection (12), and upon such sale to pay, subject to the law of wills and intestate succession, the proceeds thereof, less any expenses necessarily incurred on such sale or by reason of the administration of a deceased’s estate, to or for or on behalf of the foreign person so beneficially entitled. [35/2010] (5) Where the legal personal representatives have not sold, or have not been able to sell, the estate or interest in the residential property within the period specified in subsection (4), the legal personal representatives or the trustees of the will or estate of the deceased person for the time being must provide to the Controller (within such period not exceeding 6 months as the Controller may require) a statement setting out the particulars of the residential property which has not been sold, giving reasons for their failure or omission to sell. (6) The Controller must, after receipt of such statement or where no such statement has been received within the time specified, seek the direction of the Minister, and the Minister may issue to the Controller a notice to attach and sell the residential property, and a copy of such notice must be served on — ( a ) the legal personal representatives to whom probate or letters of administration have been granted in respect of the residential property in question; and ( b ) the subsisting mortgagees or chargees (if any) of the residential property who appear as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be. (7) [ Deleted by Act 9 of 2006 ] (8) [ Deleted by Act 9 of 2006 ] (9) [ Deleted by Act 9 of 2006 ] (10) Where the Controller has sold the residential property pursuant to the notice to attach and sell under subsection (6), the Controller must pay the proceeds of the sale less any costs incurred to the legal personal representatives or the trustees of the will or estate of the deceased person for the time being and upon the acknowledgment of the receipt of such proceeds of sale by the legal personal representatives or the trustees, the Controller is discharged from all liability in respect of the application of the proceeds of sale; or the Controller, if he or she is unable to make payment of the proceeds of sale and to obtain such acknowledgment as aforesaid, may make payment into court of such proceeds of sale less all costs incurred thereby. (11) Where payment of the proceeds of sale has been made by the Controller as provided in subsection (10), every foreign person beneficially entitled under a will or by intestate succession is entitled to receive and must be paid such proceeds of sale by the legal personal representatives or trustees of the will or estate of the deceased person for the time being, and in any case where the proceeds of sale have been paid into court, that foreign person is entitled to make application to court for payment out of court of the proceeds of sale to be made to that foreign person, and the payment of the proceeds of sale in either case must be in accordance with the terms of the will or the law of wills or intestate succession, as the case may be. (12) Despite subsections (4) and (6), the Controller may, after receipt of the statement mentioned in subsections (5) and (6), with the approval of the Minister, allow such extension of time, as the Controller may think fit, for the sale of the estate or interest in such residential property. (12A) The Controller may, when allowing an extension of time under subsection (12), impose such conditions as he or she thinks fit, including a condition that the legal personal representatives must provide such security as the Controller may determine for the purposes of complying with any condition imposed by the Controller. [35/2010] (12B) If the legal personal representatives fail to comply with any of the conditions imposed by the Controller under subsection (12A), the Controller may forfeit (in part or whole) the security provided by the legal personal representatives under this section, after giving 21 days’ notice in writing to the legal personal representatives of the Controller’s intention to forfeit the security and the grounds thereof. [35/2010] (12C) The legal personal representatives may, upon receipt of the notice under subsection (12B), appeal to the Minister within 3 months from the date of that notice. [35/2010] (12D) The Minister may determine an appeal under subsection (12C) by confirming or varying the Controller’s decision to forfeit the security, or by ordering the refund (in part or whole) of any security forfeited under subsection (12B); and the decision of the Minister on any such appeal is final and shall not be called in question in any court. [35/2010] (13) The provisions of this Act do not apply to a foreign person who is a surviving joint tenant of any estate or interest in land. [9/2006] (14) In this section, “letters of administration” and “probate” have the meanings given by the Probate and Administration Act 1934.


document_id: rpa-1976
provision_ref: s3A
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 3A
title: Residential property held by former citizens and permanent residents
content:
3A. —(1) Where an individual acquires any residential property (other than non‑restricted residential property) or any estate or interest therein as a citizen or permanent resident of Singapore and subsequently — ( a ) renounces or is deprived of his or her Singapore citizenship on or after 17 January 2011; or ( b ) cancels his or her Singapore permanent residence on or after 17 January 2011 other than on the ground of becoming a citizen of Singapore, or has his or her Singapore permanent residence terminated by the Government on or after that date, that individual must sell that residential property or estate or interest therein to a citizen of Singapore or an approved purchaser within a period of 2 years from the date of cessation of his or her Singapore citizenship or Singapore permanent residence (as the case may be), or within such longer period as the Minister may allow before the end of those 2 years. [35/2010] (2) Any individual who contravenes subsection (1) 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 3 years or to both. [35/2010] (3) Without affecting subsection (2), where any individual mentioned in subsection (1) does not sell his or her residential property or his or her estate or interest therein within the period allowed under subsection (1), the Minister may issue to the Controller a notice to attach and sell the residential property, and a copy of that notice must be served on — ( a ) the individual concerned and every other owner of the residential property; and ( b ) each subsisting mortgagee or chargee (if any) who appears as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be. [35/2010]


document_id: rpa-1976
provision_ref: s4
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 4
title: Flats in buildings and condominiums
content:
4. —(1) Subject to this section, this Act does not apply to any transfer to or any purchase or acquisition by any foreign person of any estate or interest in any of the following residential properties: ( a ) any flat (including any share in land appurtenant to that flat) that is comprised in any building in a development permitted to be used under the Planning Act 1998 for residential purposes, and that is not a landed dwelling house; ( b ) any unit comprised in a development which is shown in an approved plan bearing the title “condominium” and issued by the competent authority under the Planning Act 1998; ( c ) any unit in a development comprising housing accommodation sold under the executive condominium scheme established under the Executive Condominium Housing Scheme Act 1996. (2) Despite subsection (1) but subject to subsection (7), a foreign person must not, without the prior approval of the Minister, purchase or acquire (whether in a single transaction or a series of transactions) — ( a ) all the flats in every building in a development permitted to be used for residential purposes under the Planning Act 1998; ( b ) all the units in a development approved by the competent authority under the Planning Act 1998 as a condominium development; or ( c ) all the units in a development sold under the executive condominium scheme established under the Executive Condominium Housing Scheme Act 1996. (3) Any foreign person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [35/2010] (4) Where a foreign person is convicted of an offence under subsection (3) in respect of any development, the Minister may direct the Controller to serve a notice on that person to divest and transfer, within a period of 6 months from the date of service of the notice on that person or within any extension of time granted by the Minister under subsection (5), all the foreign person’s estate or interest in the entire development, or any flat or unit in that development as the Minister may specify to another person who is not — ( a ) the foreign person’s nominee; or ( b ) if the foreign person is a company, a related corporation within the meaning of the Companies Act 1967. [S 26/2022 wef 13/01/2022] (5) The Minister may, on an application being made by a foreign person before the expiry of the period of 6 months from the date of service of the notice mentioned in subsection (4), grant such extension of time as the Minister thinks fit for the transfer of the foreign person’s estate or interest in the development or any flat or unit therein. (6) Any foreign person who fails to comply with the Controller’s notice mentioned in subsection (4) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for every day or part of a day the contravention continues, and if the contravention continues after the conviction, the foreign person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction. [35/2010] (6A) For the purposes of subsection (6), where — ( a ) an act or thing is required or directed to be done within a particular period specified in subsection (4) or any extension thereof granted under subsection (5); ( b ) the failure to do that act or thing within the period or extension mentioned in paragraph ( a ) constitutes an offence; and ( c ) that act or thing is not done within the period or extension mentioned in paragraph ( a ), the obligation to do that act or thing continues, notwithstanding that that period or extension has expired, until that act or thing is done; and a person shall be guilty of a separate offence in respect of each day (including the day of a conviction for any such offence or any later day) or part of a day during which the person continues to refuse or fail to comply with that requirement or direction. [35/2010] (6B) The court is to, in respect of any defendant charged with committing any offence under subsection (6) — ( a ) take into account any confiscation order made under section 4A before imposing any fine on the defendant; and ( b ) subject to paragraph ( a ), leave the confiscation order out of account in determining the appropriate sentence or other manner of dealing with the defendant. [35/2010] (7) Nothing in subsection (2) prevents a foreign person from acquiring any estate or interest in any development under any agreement, lease or assignment for a term not exceeding 7 years, inclusive of any further term which may be granted by way of an option for renewal. (8) Without prejudice to subsection (6), where a foreign person on whom a notice under subsection (4) has been served fails to satisfy the Controller that the foreign person has divested and transferred the foreign person’s estate or interest in the development concerned or any flat or unit therein within the time limited by subsection (4) or any extension thereof, the Minister may issue to the Controller a notice to attach and sell the estate or interest in the development or any flat or unit therein. (9) The notice to attach and sell mentioned in subsection (8) must specify the estate or interest in the development or any flat or unit therein to be attached and sold by the Controller, and a copy of that notice must also be served on — ( a ) the foreign person who is the owner of the estate or interest in the development or any flat or unit therein to be attached and sold; and ( b ) each subsisting mortgagee or chargee thereof (if any) who appears as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be. (10) In this section — “approved plan” means a plan approved by the relevant competent authority; “competent authority” means a competent authority appointed under the Planning Act 1998; “landed dwelling house” means a detached house, a semi‑detached house or a terrace house (including a linked house or a townhouse), whether or not comprised within a strata title plan registered under the Land Titles (Strata) Act 1967; “unit” includes a flat or dwelling house.


document_id: rpa-1976
provision_ref: s4A
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 4A
title: Confiscation of benefits of offence under section 4(6)
content:
4A. —(1) Where a defendant is convicted of any offence under section 4(6), the court is to, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by the defendant from the commission of the offence, if the court is satisfied that such benefits have been so derived. [35/2010] (2) Where the court is satisfied that benefits have been derived by the defendant from the commission of any offence under section 4(6), the court is to, before sentencing or otherwise dealing with the defendant in respect of the offence concerned, determine in accordance with subsections (4) to (8) the amount to be recovered in the defendant’s case by virtue of this section. [35/2010] (3) Subject to subsection (7), the benefits derived by a defendant from the commission of any offence under section 4(6) are — ( a ) any estate or interest in the development (including any income accruing from that estate or interest) held by the defendant in contravention of section 4(6); or ( b ) where that estate or interest is disposed of before conviction, the difference between — (i) the sale price or market value of that estate or interest, whichever is the higher; and (ii) the price paid by the defendant for the purchase or acquisition of that estate or interest. [35/2010] (4) The amount to be recovered from the defendant under a confiscation order under this section is the amount the court assesses to be the value of the benefits derived by the defendant from the commission of any offence under section 4(6). [35/2010] (5) For the purposes of this section — ( a ) the value of the benefits derived by a defendant from the commission of any offence under section 4(6) is the aggregate of the properties, estates and interests referred to in subsection (3)( a ) or ( b ) (as the case may be) relating to that defendant; ( b ) the value of the estate or interest in the development mentioned in subsection (3)( a ) is the market value of the estate or interest at the date of the conviction or the date of the commission of the offence, whichever is the higher; ( c ) the market value of the estate or interest in the development mentioned in subsection (3)( b )(i) is the market value of the estate or interest at the date of disposal; and ( d ) in calculating the value of benefits derived by a defendant from the commission of any offence under section 4(6), any expenses or outgoings of the defendant in connection with the commission of the offence must be disregarded. [35/2010] (6) Any question of fact to be decided by a court in proceedings under this section is to be decided on a balance of probabilities. [35/2010] (7) A benefit derived by a defendant convicted of any offence under section 4(6) must not be taken into account if — ( a ) a confiscation order against the defendant has been made in respect of that benefit under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; ( b ) a confiscation order against the defendant has previously been made under this section and that benefit is shown to the court to have been taken into account in determining the amount to be recovered under that order; or ( c ) a confiscation order against any other defendant has previously been made under this section in relation to an offence committed in the same transaction as the offence by the firstmentioned defendant and that benefit (being an estate or interest mentioned in subsection (3)( a )) is shown to the court to have been taken into account in determining the amount to be recovered under the order against that other defendant. [35/2010] (8) Any relevant evidence admitted in the proceedings against the defendant for any offence under section 4(6) must, if the court thinks fit, be taken into account in determining the amount to be recovered under subsection (2). [35/2010] (9) Subject to subsection (1), where a court orders the defendant to pay any amount under a confiscation order made under this section — ( a ) section 319 of the Criminal Procedure Code 2010 has effect as if that amount were a fine imposed on the defendant by the court; and ( b ) for the purposes of section 319(1)( b )(iv) of the Criminal Procedure Code 2010, the term for which the court may direct the defendant to be imprisoned in default of payment of any amount under the confiscation order shall be as follows: (i) if the amount does not exceed $2 million — imprisonment for a term not exceeding 5 years; and (ii) if the amount exceeds $2 million — imprisonment for a term not exceeding 10 years. [35/2010] (10) Where — ( a ) a warrant to commit the defendant to prison is issued for a default in payment of an amount ordered to be paid under a confiscation order in respect of any offence under section 4(6); and ( b ) at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence, the term of imprisonment to be served in default of payment of the amount does not begin to run until after the term mentioned in paragraph ( b ). [35/2010] (11) This section does not apply in respect of any offence committed before 17 January 2011. [35/2010]


document_id: rpa-1976
provision_ref: s5
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 5
title: Disposal of estate or interest in residential property by foreign companies
content:
5. —(1) Where, on 11 September 1973, a foreign company is the owner of an estate or interest in any residential property in Singapore, the foreign company is bound to dispose of the same in accordance with this section, unless such foreign company is permitted to retain its estate or interest in the residential property by virtue of section 25 or the residential property or such foreign company is exempted under section 32. (2) Where, between 11 September 1973 and 1 October 1976, any foreign company was granted approval by the Minister to purchase or acquire any residential property from another foreign company or a Singapore company pursuant to any scheme or arrangement of whatever nature whereby the second‑mentioned foreign company or Singapore company transfers or agrees to transfer the whole or part of its assets or undertaking to the firstmentioned foreign company, including its interests in residential properties in Singapore, whether for consideration or otherwise, the firstmentioned foreign company is, despite the grant of such approval, subject to this section. (3) Every foreign company to which this section applies must, within such period as the Minister may, by notification in the Gazette , direct, provide to the Controller a return setting out the size, location and nature of its estate or interest in all its residential properties and such other particulars as the Controller may require. (4) Where the Controller is satisfied that a foreign company which is required by subsection (1) to dispose of an estate or interest in any residential property in Singapore has failed to dispose of the same on or before 11 September 1983 (or within such further period as the Minister may, by notification in the Gazette , appoint), the Controller may give directions in writing to the foreign company to transfer all its estate or interest in its residential property to any citizen or approved purchaser within such period as the Controller may specify being a period of not less than 90 days and not more than 6 months of the date of service of the direction on the foreign company. (5) A direction given by the Controller under subsection (4) must be served upon the foreign company which is required to transfer its estate or interest in any residential property and its subsisting mortgagees or chargees (if any) who appear as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be. (6) A foreign company which is directed by the Controller to transfer its estate or interest in any residential property and its subsisting mortgagees or chargees who appear as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority (as the case may be) may apply within 60 days of the date of service of the Controller’s direction to the Minister for an extension of the time specified by the Controller under subsection (4) to dispose of the estate or interest in the residential property owned by the foreign company and the Minister may, in his or her discretion, refuse to grant any extension or may grant such an extension of time as the Minister may think fit for the transfer of the estate or interest in the residential property owned by the foreign company to any citizen or approved purchaser. (7) Where a foreign company which is directed under subsection (4) to dispose of its estate or interest in any residential property does not satisfy the Controller that it has transferred its estate or interest within the period or within any extension of time granted under subsection (6), the Minister may issue to the Controller a notice to attach and sell the estate or interest in that residential property, and a copy of the notice must be served on — ( a ) the foreign company which is the owner of the estate or interest in the residential property; and ( b ) each subsisting mortgagee or chargee (if any) who appears as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be.


document_id: rpa-1976
provision_ref: s6
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 6
title: Attachment and sale of residential property by Controller
content:
6. —(1) The Controller must, on receipt of any notice to attach and sell, sell by public auction or otherwise to either a citizen or an approved purchaser the estate or interest in the residential property or land specified in the notice at the following time: ( a ) where any application is made to the Controller within the time limited under section 6A(2) or (3) to fix the reserve price for that estate or interest in the residential property or land — at any time after the reserve price is fixed in accordance with section 6A; ( b ) where no such application to fix the reserve price is made — at any time after the expiry of the time period allowed for any application to fix the reserve price under section 6A(3)( b )(ii). (2) In order to attach and sell any estate or interest in any residential property or land specified in any notice to attach and sell, the Controller must lodge with the Registrar — ( a ) in the case of any residential property or land which is registered land — an application in the approved form to register the notice to attach and sell that property or land; or ( b ) in the case of any other residential property or land — a copy of the notice to attach and sell relating to that property or land. (3) The Registrar must — ( a ) on receipt of the application mentioned in subsection (2)( a ) — register the application in the relevant volume and folio of the land‑register in the Land Titles Registry of the Authority and enter the appropriate memorial that the Controller has attached the residential property or land concerned and is empowered to transfer the registered estate or interest in that property or land; or ( b ) on receipt of the copy of the notice to attach and sell mentioned in subsection (2)( b ) — enter a note in the books and other records maintained at the Registry of Deeds of the Authority that the residential property or land concerned has been attached by the Controller. (4) On lodgment of an application or a copy of the notice to attach and sell in accordance with subsection (2), the Controller has the power — ( a ) to sell the estate or interest in the residential property or land described in the application or copy (as the case may be) and all other powers relating or incidental thereto as if the Controller were the proprietor of that estate or interest in the residential property or land; and ( b ) to execute any instrument to effect a transfer of that estate or interest in the residential property or land, and any such transfer executed by the Controller is conclusive and shall not be challenged or called in question in any court. (5) The foreign person whose estate or interest in the residential property or land remains the subject of any notice to attach and sell, or its subsisting mortgagee or chargee (if any) must — ( a ) within a period of 21 days after the reserve price for that estate or interest is fixed under section 6A; or ( b ) if no application to fix the reserve price is made under section 6A, within a period of 21 days beginning on the date immediately following the expiry of the period specified in subsection (1)( b ), deliver to the Controller the title deed or certificate of title of the residential property or land (as the case may be) and in default of such delivery, the Controller is not obliged to produce to the purchaser of such estate or interest in the residential property or land any other title apart from the certified true copy of the title deed or a replacement certificate of title thereto. (6) Where the Controller is unable to sell any estate or interest in the residential property or land at or above the reserve price fixed under section 6A for that estate or interest, the Controller must postpone the sale for a period of 2 years, and thereafter must proceed to sell that estate or interest in the residential property or land (as the case may be) by public auction or otherwise at any price, whether that price is higher or lower than the reserve price. (7) Where the Controller has sold an estate or interest in any residential property or land under this section, the Controller must without delay apply those proceeds of sale — ( a ) firstly, in payment of all costs (such as legal costs, survey costs and valuation costs), charges and expenses properly incurred incidentally to or in connection with the sale of the property or land (including any previous unsuccessful sale under this section) between the date of the notice to attach and sell that property or land and the date of the sale (both dates inclusive); ( b ) secondly, in payment of all financial penalties payable under this Act in respect of the residential property or land sold; and ( c ) thirdly, in payment of the balance, in order of priority, to the foreign person who was the owner of the estate or interest in the residential property or land sold and any person having a prior interest to such owner or representative as shown in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be, except that where there is any dispute as to the apportionment of these proceeds between the persons mentioned in paragraph ( c ), the Controller must pay the balance into court. [35/2010] (8) Nothing in this section prevents a foreign person on whom a copy of a notice to attach and sell is served from selling on the foreign person’s own accord the foreign person’s estate or interest in the residential property or land concerned to a citizen or an approved purchaser. (9) Where a foreign person has sold on the foreign person’s own accord the foreign person’s estate or interest in the residential property or land concerned under subsection (8), the foreign person shall be liable to reimburse the Controller for all legal costs, survey costs, valuation costs and any other costs, charges and expenses incurred by the Controller with a view to a sale (including any previous unsuccessful sale) under this section of the property or land between the date of that notice to attach and sell and the date the Controller is informed by the foreign person that the property or land has been sold by the foreign person (both dates inclusive). (10) Where the Controller is of the opinion that circumstances have arisen since the lodgment of the application or copy of the notice mentioned in subsection (2) which renders the sale of any estate or interest in any residential property or land concerned impracticable, whether on account of an earlier sale by a person permitted under subsection (8) or the occurrence of an event, such as the winding up of a foreign company, the issue of an order of attachment for the same property or land by any court or otherwise, the Controller must refer the relevant particulars of the residential property or land to the Minister with a statement setting out his or her reasons as to why it is impracticable to sell the property or land. (11) The Minister may, on receipt of the Controller’s statement under subsection (10), countermand his or her direction to the Controller to attach and sell the estate or interest in the residential property or land in question by cancelling his or her notice to attach and sell that residential property or land. (12) Where the Minister has, under subsection (11), countermanded his or her direction to the Controller to attach and sell any residential property or land, the Registrar must — ( a ) in the case of any residential property or land which is registered land — cancel the registration of the notice to attach and sell that property or land on receipt from the Controller of an application for that purpose made in the approved form; or ( b ) in the case of any other residential property or land — register a memorial of discharge of the notice to attach and sell that property or land, and thereafter, the Controller does not have any power mentioned in subsection (4) in relation to any estate or interest in that residential property or land. (13) In this section and section 6A, any reference to a foreign person includes — ( a ) a reference to a mortgagee or chargee; or ( b ) a reference to the person’s legal personal representatives if he or she is deceased and a notice has been issued by the Minister under section 3(6) in relation to any estate or interest of the foreign person in residential property or land.


document_id: rpa-1976
provision_ref: s6A
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 6A
title: Reserve price
content:
6A. —(1) Where the Minister has issued a notice to attach and sell an estate or interest in any residential property or land specified in the notice, the following persons may, subject to subsection (3), apply to the Controller to fix a reserve price for that estate or interest in the residential property or land: ( a ) any foreign person who is the owner of that estate or interest in the residential property or land, or the foreign person’s legal personal representatives if he or she is deceased; ( b ) the mortgagee or chargee of that residential property or land first entitled in priority (called in this section the first mortgagee or chargee); or ( c ) any mortgagee or chargee of that residential property or land next or subsequently entitled in priority (called in this section the subsequent mortgagee or chargee). (2) Any application under subsection (1) by a foreign person must be made no later than 28 days after the foreign person receives a copy of the notice to attach and sell. (3) An application under subsection (1) by a mortgagee or chargee of any residential property or land must be made as follows: ( a ) in the case of the first mortgagee or chargee — (i) if and only if there is no application under subsection (1) by the owner of the same residential property or land, or the owner’s legal personal representative if he or she is deceased; and (ii) no later than 45 days after the expiry of the period limited under subsection (2) for the owner or the owner’s legal personal representative to make such an application; or ( b ) in the case of a subsequent mortgagee or chargee — (i) if and only if there is no application under subsection (1) by the owner of the same residential property or land, or the owner’s legal personal representative if he or she is deceased, and there is no application under this subsection by the first mortgagee or chargee; and (ii) no later than 45 days after the expiration of the period limited under paragraph ( a )(ii) for the first mortgagee or chargee to make such an application. (4) The reserve price for any estate or interest in any residential property or land is the mean average of 2 valuations of that property or land, namely, one submitted by a valuer appointed by the Controller and the other by a licensed valuer appointed by the foreign person or the mortgagee or chargee (as the case may be), applying to fix the reserve price. (5) The expenses of any valuation made under this section must be borne by the foreign person (or by the foreign person’s estate if he or she is deceased) or the mortgagee or chargee applying to fix a reserve price under subsection (1), as the case may be.


document_id: rpa-1976
provision_ref: s7
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 7
title: Foreign companies to file declarations with Controller
content:
7. —(1) Subject to subsection (2), where, on 11 September 1973, a foreign company was the owner of an estate or interest in any land in Singapore, the foreign company must, within the period of 6 months of 1 October 1982, file with the Controller a declaration made by its director or secretary or its representative in Singapore setting out — ( a ) the location and Government survey lot number of the land which has been disposed of by sale or otherwise; and ( b ) in respect of any land which has not been disposed of — (i) the size, location, Government survey lot number, nature of its estate or interest in such land; (ii) the purpose for which the land is currently used; and (iii) such further particulars as the Controller may require. (2) Subsection (1) does not apply to a foreign company which is exempted under section 32.


document_id: rpa-1976
provision_ref: s8
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 8
title: Section 5 not applicable to foreign natural persons or societies
content:
8. Section 5 does not require any foreign person who is a natural person or a society to dispose of any estate or interest in any residential property vested in the foreign person or, in the case of a society, vested in its trustees, immediately before 11 September 1973.


document_id: rpa-1976
provision_ref: s9
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 9
title:
Position of Singapore entities with residential properties wishing to become or becoming converted entities

content:
9. —(1) A Singapore company which is the owner of any estate or interest in any residential property that is not non‑restricted residential property, whether purchased or acquired before, on or after 11 September 1973 must not, on or after 1 October 1976, become a converted foreign company without first seeking and obtaining the written approval of the Controller, in the manner provided in section 26, for such conversion and for the retention of all its estate or interest in all or in one or more of those residential properties which such Singapore company intends should remain vested in the converted foreign company upon such conversion. [35/2010] (2) A Singapore limited liability partnership which is the owner of any estate or interest in any residential property that is not non‑restricted residential property, whether purchased or acquired before, on or after 11 April 2005 must not become a converted foreign limited liability partnership without first seeking and obtaining the written approval of the Controller, in the manner provided in section 26, for such conversion and for the retention of all its estate or interest in all or in one or more of those residential properties which such Singapore limited liability partnership intends should remain vested in the converted foreign limited liability partnership upon such conversion. [35/2010] (3) A Singapore society which is the owner of any estate or interest in any residential property that is not non‑restricted residential property purchased or acquired on or after 11 September 1973 must not, on or after 1 October 1976, become a converted society without first seeking and obtaining the written approval of the Controller, in the manner provided in section 26, for such conversion and for the retention of all its estate or interest in all or in one or more of those residential properties which such Singapore society intends to retain after conversion. [35/2010] (4) If the written approval sought under subsection (1), (2) or (3) is granted in respect of such conversion and for the retention of all or one or more of the residential properties in respect of which the Singapore entity sought approval, it must, either before it becomes a converted entity or within a period of 2 years from the date on which it became a converted entity, transfer to any citizen or approved purchaser all its estate or interest — ( a ) in such of its residential properties that are not non‑restricted residential properties in respect of which it has not been granted approval for retention under section 26; and ( b ) in all its other residential properties that are not non‑restricted residential properties (if any) in respect of which it did not seek approval for such retention. (5) If the written approval sought under subsection (1), (2) or (3) is not granted in respect of such conversion or for the retention of all of the residential properties in respect of which the Singapore entity sought approval, the Singapore entity must not become a converted entity. (6) If any Singapore entity becomes a converted entity in contravention of subsection (5) — ( a ) the converted entity shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000; ( b ) any person who, by virtue of section 36(3), is guilty of that offence shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both; and ( c ) the converted entity must, within a period of one year from the date on which it became a converted entity, transfer to any citizen or approved purchaser all its estate or interest in every residential property that is not non‑restricted residential property owned by it. [35/2010] (7) If any Singapore entity becomes a converted entity, without first seeking and obtaining the written approval required under subsection (1), (2) or (3) — ( a ) the converted entity shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000; ( b ) any person who, by virtue of section 36(3), is guilty of that offence shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both; and ( c ) the converted entity must, within a period of one year from the date on which it became a converted entity — (i) transfer all its estate or interest in all its residential properties that are not non‑restricted residential properties to any citizen or approved purchaser, other than such part of its estate or interest in respect of which it has been granted approval for retention as provided in sub‑paragraph (ii); and (ii) seek and obtain the approval of the Minister under section 25 for the retention of such part of its estate or interest in its residential properties that are not non‑restricted residential properties as are not transferred as provided in sub‑paragraph (i). (8) Where — ( a ) a converted foreign company to which subsection (4) applies has not, at the expiry of a period of 2 years from the date on which it became a converted foreign company, transferred to any citizen or approved purchaser all its estate or interest in the residential properties (that are not non‑restricted residential properties) still remaining vested in it and in respect of which approval for retention was not sought or, if sought, was not granted under section 25 or 26; or ( b ) a converted foreign company to which subsection (6) or (7) applies has not, at the expiry of a period of one year from the date on which it became a converted foreign company, transferred to any citizen or approved purchaser all its estate or interest in the residential properties (that are not non‑restricted residential properties) still remaining vested in it and in respect of which approval for retention was not sought or, if sought, was not granted under section 25 or 26, the Minister may, by a direction in writing, require such converted foreign company to dispose of all its estate or interest in such remaining residential properties by transferring the same to any citizen or approved purchaser within a period of not less than 6 months from the date of service of such direction by the Minister. (9) A direction given by the Minister under subsection (8) must be served on the Controller and on such converted foreign company and its subsisting mortgagees or chargees (if any) who appear as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be. (10) At the expiry of the period of 6 months mentioned in subsection (8), the Minister may, in his or her discretion, upon application (with reasons or grounds in support) being made (not later than 30 days of such expiry) by a converted foreign company or any of its mortgagees or chargees who appear as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority (as the case may be), grant such extension of time as the Minister may consider fit, for the transfer to any citizen or approved purchaser of all its estate or interest in such residential properties that are not non‑restricted residential properties and in respect of which approval was not sought for the retention thereof or, if sought, was not obtained under section 25 or 26. (11) Where a converted foreign company which is directed under subsection (8) to dispose of its estate or interest in any residential property does not satisfy the Controller that it has transferred the same within the period of 6 months specified in that subsection or any extended period specified in subsection (10), the Minister may issue to the Controller a notice to attach and sell the estate or interest in that property, and a copy of such notice must be served on the converted foreign company which is the owner of the estate or interest in the residential property and its subsisting mortgagees or chargees (if any) who appear as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be. (12) Subsections (8) to (11) apply, with the necessary modifications, to the procedure for the disposal of any estate or interest in residential property owned by a converted foreign limited liability partnership or a converted society as those subsections apply to the procedure for the disposal of any estate or interest in residential property owned by a converted foreign company. (13) A mortgagee or chargee who, on or after 1 October 1976, grants a loan or advance on a current account for a fixed term exceeding 6 months, secured by a mortgage or charge of any estate or interest in any residential property that is not non‑restricted residential property owned by a Singapore entity may, despite any prior agreement made between the mortgagee or chargee and the mortgagee’s or chargee’s respective mortgagor or chargor for the repayment of that loan or advance, call for the earlier repayment of such loan or advance or any part thereof, by giving 3 months’ prior notice in writing to the mortgagee’s or chargee’s mortgagor or chargor, if such mortgagor or chargor, having represented itself as a Singapore entity, to the mortgagee or chargee at the date of the creation of such mortgage or charge, thereafter, without the written consent of the mortgagee or chargee, becomes a converted entity. (14) If the repayment of the loan or advance mentioned in subsection (13) is not made on the expiry of the 3 months’ notice given by the mortgagee or chargee under that subsection, such loan or advance is deemed to be due, and thereupon the mortgagee or chargee may exercise — ( a ) any power expressly provided in the mortgage or charge; ( b ) any statutory power conferred on a mortgagee or chargee under the Conveyancing and Law of Property Act 1886, the Land Titles Act 1993 or any other written law; or ( c ) any power implied by law.


document_id: rpa-1976
provision_ref: s10
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 10
title: Vesting of residential properties in Singapore companies
content:
10. —(1) Despite anything in any written law, a Singapore company which intends to acquire any estate or interest in any residential property other than non‑restricted residential property must, prior to the vesting of the estate or interest in that residential property in the company, provide the Controller with a list of its directors and members containing the particulars of their nationality and such other particulars as the Controller may require. (2) The Controller may, if he or she is satisfied that the requirements of subsection (1) are complied with and that the company is a Singapore company, issue to the company a certificate stating that the company may acquire and retain residential properties subject to the provisions of this Act. (3) The Controller may at any time require a Singapore company which has been issued a certificate under subsection (2) to produce its register of members and directors for his or her inspection if the Controller desires to ascertain whether the Singapore company has ceased to be a Singapore company. (4) The Controller may at any time cancel a certificate issued under subsection (2) if he or she is satisfied that — ( a ) in the case of a Singapore company which does not own any residential property that is not non‑restricted residential property — the Singapore company has become a foreign company without obtaining the prior written approval of the Controller under section 14; or ( b ) in the case of a Singapore company which owns any residential property that is not non‑restricted residential property — the Singapore company has become a converted foreign company without obtaining the prior written approval of the Controller under section 26. [35/2010] (5) The Controller must, upon the application by any Singapore company which is a holder of a certificate issued by the Controller under subsection (2), cancel the certificate if the Controller is satisfied that the Singapore company does not own any residential property that is not non‑restricted residential property. (6) Any Singapore company which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [35/2010]


document_id: rpa-1976
provision_ref: s11
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 11
title: Vesting of residential properties in Singapore limited liability partnerships
content:
11. —(1) Despite anything in any written law, a Singapore limited liability partnership which intends to acquire any estate or interest in any residential property other than non‑restricted residential property must, prior to the vesting of the estate or interest in that residential property in the limited liability partnership, provide the Controller with a list of its partners containing the particulars of their nationality and such other particulars as the Controller may require. (2) The Controller may, if he or she is satisfied that the requirements of subsection (1) are complied with and that the limited liability partnership is a Singapore limited liability partnership, issue to the limited liability partnership a certificate stating that the limited liability partnership may acquire and retain residential properties subject to the provisions of this Act. (3) The Controller may at any time require a Singapore limited liability partnership which has been issued a certificate under subsection (2) to produce its register of partners for his or her inspection if the Controller desires to ascertain whether the Singapore limited liability partnership has ceased to be a Singapore limited liability partnership. (4) The Controller may at any time cancel a certificate issued under subsection (2) if he or she is satisfied that — ( a ) in the case of a Singapore limited liability partnership which does not own any residential property that is not non‑restricted residential property — the Singapore limited liability partnership has become a foreign limited liability partnership without obtaining the prior written approval of the Controller under section 14A; or ( b ) in the case of a Singapore limited liability partnership which owns any residential property that is not non‑restricted residential property — the Singapore limited liability partnership has become a converted foreign limited liability partnership without obtaining the prior written approval of the Controller under section 26. [35/2010] (5) The Controller must, upon the application by any Singapore limited liability partnership which is a holder of a certificate issued by the Controller under subsection (2), cancel the certificate if the Controller is satisfied that the Singapore limited liability partnership does not own any residential property that is not non‑restricted residential property. (6) Any Singapore limited liability partnership which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [35/2010]


document_id: rpa-1976
provision_ref: s12
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 12
title: Registrar may refuse to register instrument of transfer in favour of Singapore company
content:
12. The Registrar may refuse to register an instrument of transfer of an estate or interest in any residential property that is not non‑restricted residential property in favour of a Singapore company unless he or she is satisfied that — ( a ) all the directors of the company are citizens; and ( b ) all the members of the company are either citizens, Singapore limited liability partnerships or Singapore companies.


document_id: rpa-1976
provision_ref: s13
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 13
title:
Registrar may refuse to register instrument of transfer in favour of Singapore limited liability partnership

content:
13. The Registrar may refuse to register an instrument of transfer of an estate or interest in any residential property that is not non‑restricted residential property in favour of a Singapore limited liability partnership unless he or she is satisfied that all the partners of the limited liability partnership are either citizens, Singapore limited liability partnerships or Singapore companies.


document_id: rpa-1976
provision_ref: s14
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 14
title: Singapore company becoming foreign company
content:
14. —(1) Despite anything in any written law, a Singapore company must not become a foreign company unless — ( a ) in the case of a Singapore company which owns any residential property that is not non‑restricted residential property — it has obtained the prior approval of the Controller to become a converted foreign company pursuant to section 26; or ( b ) in the case of a Singapore company which claims that it does not own any residential property apart from non‑restricted residential property — it has obtained the prior approval of the Controller under subsection (2) to become a foreign company. [35/2010] (2) For the purposes of subsection (1)( b ), the Controller must grant the approval for the Singapore company to become a foreign company if he or she is satisfied that the Singapore company does not own any residential property apart from non‑restricted residential property. (3) Upon a Singapore company being granted an approval under subsection (1)( a ) or ( b ), the Controller must cancel the certificate issued to the Singapore company under section 10(2). (4) Despite any approval given by the Minister or the Controller for the purposes of subsection (1)( a ) or ( b ), as the case may be, the Controller may — ( a ) if the Controller subsequently discovers that the company owns any residential property in respect of which the Minister or the Controller (as the case may be) has not granted any approval under section 25 or 26 for the company to purchase, acquire or retain the residential property and the residential property is not non‑restricted residential property; or ( b ) if the Controller subsequently discovers that the company had made a misrepresentation to the Controller, obtain the Minister’s direction to require the company to dispose of the residential property. [35/2010] (5) Where any residential property is to be disposed of pursuant to the Minister’s direction obtained under subsection (4), section 9(8) to (14) applies, with the necessary modifications, to the manner of disposal of the residential property and the rights of a mortgagee or chargee (if any) of the residential property.


document_id: rpa-1976
provision_ref: s14A
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 14A
title: Singapore limited liability partnership becoming foreign limited liability partnership
content:
14A. —(1) Despite anything in any written law, a Singapore limited liability partnership must not become a foreign limited liability partnership unless — ( a ) in the case of a Singapore limited liability partnership which owns any residential property that is not non‑restricted residential property — it has obtained the prior approval of the Controller to become a converted foreign limited liability partnership pursuant to section 26; or ( b ) in the case of a Singapore limited liability partnership which claims that it does not own any residential property apart from non‑restricted residential property — it has obtained the prior approval of the Controller under subsection (2) to become a foreign limited liability partnership. [35/2010] (2) For the purposes of subsection (1)( b ), the Controller must grant the approval for the Singapore limited liability partnership to become a foreign limited liability partnership if he or she is satisfied that the Singapore limited liability partnership does not own any residential property apart from non‑restricted residential property. (3) Upon a Singapore limited liability partnership being granted an approval under subsection (1)( a ) or ( b ), the Controller must cancel the certificate issued to the Singapore limited liability partnership under section 11(2). (4) Despite any approval given by the Minister or the Controller for the purposes of subsection (1)( a ) or ( b ), as the case may be, the Controller may — ( a ) if the Controller subsequently discovers that the limited liability partnership owns any residential property in respect of which the Minister or the Controller (as the case may be) has not granted any approval under section 25 or 26 for the limited liability partnership to purchase, acquire or retain the residential property and the residential property is not non‑restricted residential property; or ( b ) if the Controller subsequently discovers that the limited liability partnership had made a misrepresentation to the Controller, obtain the Minister’s direction to require the limited liability partnership to dispose of the residential property. [35/2010] (5) Where any residential property is to be disposed of pursuant to the Minister’s direction obtained under subsection (4), section 9(8) to (14) applies, with the necessary modifications, to the manner of disposal of the residential property and the rights of a mortgagee or chargee (if any) of the residential property.


document_id: rpa-1976
provision_ref: s14B
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 14B
title: Conversion of Singapore company to Singapore limited liability partnership
content:
14B. —(1) Any certificate issued by the Controller under section 10 to a Singapore company and which is in force immediately before the date of registration of the conversion of the Singapore company to a Singapore limited liability partnership continues in force on and after that date as if it were a certificate issued by the Controller to the Singapore limited liability partnership under section 11(2). (2) The Singapore limited liability partnership mentioned in subsection (1) must, as soon as practicable after the date of registration of the conversion thereto, notify the Controller of the conversion and of the particulars of the Singapore limited liability partnership, including the nationality of its partners and such other particulars as the Controller may require. (3) The Controller may, if he or she is satisfied that the requirements of subsection (2) are complied with and that the limited liability partnership is a Singapore limited liability partnership, issue to the Singapore limited liability partnership a fresh certificate stating that the limited liability partnership may acquire and retain residential properties subject to the provisions of this Act and upon the issuance of the fresh certificate to the Singapore limited liability partnership, the certificate mentioned in subsection (1) is deemed cancelled.


document_id: rpa-1976
provision_ref: s14C
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 14C
title: Conversion of foreign company or converted foreign company to foreign limited liability partnership
content:
14C. —(1) Any approval granted by the Minister or the Controller (as the case may be) under section 25 or 26 to a foreign company or a converted foreign company to purchase, acquire or retain residential property that is not non‑restricted residential property and which is valid immediately before the date of registration of the conversion of the foreign company or the converted foreign company to a foreign limited liability partnership continues in force on and after that date as if it were an approval granted by the Minister or the Controller (as the case may be) to the foreign limited liability partnership; and — ( a ) if the approval was granted subject to conditions, the foreign limited liability partnership must comply with all the conditions imposed as if the approval had been granted to the foreign limited liability partnership instead of the foreign company or the converted foreign company; and ( b ) if any undertaking in writing was given by the foreign company or the converted foreign company, such undertaking in writing is deemed to be an undertaking in writing given by the foreign limited liability partnership and is enforceable against the foreign limited liability partnership as if it had been given by the foreign limited liability partnership instead of the foreign company or the converted foreign company. [35/2010] (2) The foreign limited liability partnership mentioned in subsection (1) must, as soon as practicable after the date of registration of the conversion thereto, notify the Controller of the conversion and of the particulars of the foreign limited liability partnership, including the nationality of its partners and such other particulars as the Controller may require. [17/2005] 15. [ Repealed by Act 9 of 2006 ]


document_id: rpa-1976
provision_ref: s16
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 16
title: Vesting of residential properties in Singapore societies
content:
16. —(1) Despite anything in any written law, a Singapore society which intends to acquire any estate or interest in any residential property other than non‑restricted residential property must, prior to the vesting of the estate or interest in that residential property in the trustees of the society, provide the Controller with a list of its trustees and members containing the particulars of their nationality and such other particulars as the Controller may require. (2) The Controller may, if he or she is satisfied that the requirements of subsection (1) are complied with and that the society is a Singapore society, issue to the society a certificate stating that the society may acquire and retain residential properties in accordance with the provisions of this Act. (3) The Controller may at any time require a Singapore society which has been issued a certificate under subsection (2) to produce its list of members and trustees for his or her inspection if the Controller desires to ascertain whether the Singapore society has ceased to be a Singapore society. (4) The Controller may at any time cancel a certificate issued under subsection (2) if he or she is satisfied that — ( a ) in the case of a Singapore society which does not own any residential property that is not non‑restricted residential property — the Singapore society has become a foreign society without obtaining the prior written approval of the Controller under section 17; or ( b ) in the case of a Singapore society which owns any residential property that is not non‑restricted residential property — the Singapore society has become a converted society without obtaining the prior written approval of the Controller under section 26. [35/2010] (5) The Controller must, upon the application by any Singapore society which is a holder of a certificate issued by the Controller under subsection (2), cancel the certificate if the Controller is satisfied that the Singapore society does not own any residential property that is not non‑restricted residential property. (6) Any Singapore society which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [35/2010]


document_id: rpa-1976
provision_ref: s17
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 17
title: Singapore society becoming foreign society
content:
17. —(1) Despite anything in any written law, a Singapore society must not become a foreign society unless — ( a ) in the case of a Singapore society which owns any residential property that is not non‑restricted residential property — it has obtained the prior approval of the Controller to become a converted society pursuant to section 26; or ( b ) in the case of a Singapore society which claims that it does not own any residential property apart from non‑restricted residential property — it has obtained the prior approval of the Controller under subsection (2) to become a foreign society. [35/2010] (2) For the purposes of subsection (1)( b ), the Controller must grant the approval for the Singapore society to become a foreign society if he or she is satisfied that the Singapore society does not own any residential property apart from non‑restricted residential property. (3) Upon a Singapore society being granted an approval under subsection (1)( a ) or ( b ), the Controller must cancel the certificate issued to the Singapore society under section 16(2). (4) Despite any approval given by the Minister or the Controller for the purposes of subsection (1)( a ) or ( b ), as the case may be, the Controller may — ( a ) if the Controller subsequently discovers that the society owns any residential property in respect of which the Minister or the Controller (as the case may be) has not granted any approval under section 25 or 26 for the society to purchase, acquire or retain the residential property and the residential property is not non‑restricted residential property; or ( b ) if the Controller subsequently discovers that the society had made a misrepresentation to the Controller, obtain the Minister’s direction to require the society to dispose of the residential property. [35/2010] (5) Where any residential property is to be disposed of pursuant to the Minister’s direction obtained under subsection (4), section 9(8) to (14) applies, with the necessary modifications, to the manner of disposal of the residential property and the rights of a mortgagee or chargee (if any) of the residential property.


document_id: rpa-1976
provision_ref: s18
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 18
title: Registrar may refuse to register instrument of transfer in favour of Singapore society
content:
18. The Registrar may refuse to register an instrument of transfer of any estate or interest in any residential property that is not non‑restricted residential property in favour of a Singapore society unless he or she is satisfied that — ( a ) all the members of the society are citizens; and ( b ) the trustees of the society are either citizens or a trust company licensed under the Trust Companies Act 2005.


document_id: rpa-1976
provision_ref: s19
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 19
title:
Every transfer of land to specify citizenship status of purchaser or place of registration or incorporation of body corporate

content:
19. —(1) In every instrument of transfer of land (other than a mortgage, charge or reconveyance) lodged with the Registrar on or after 1 July 1977 there must be specified, after the name of the person acquiring an estate or interest in land, the name of the country of which he or she is a citizen, together with the number of the identity card issued to him or her under the National Registration Act 1965 or other evidence of his or her citizenship if he or she is a citizen of Singapore and, if he or she is a citizen of any other country, the number of his or her passport and of his or her identity card (if he or she has been issued with one); and where the purchaser is a body corporate there must be specified its place of registration or incorporation. (2) Every such person acquiring a title or interest in land under such instrument must certify on the instrument that the particulars specified in accordance with subsection (1) are correct, and if that person employs an advocate and solicitor to act for that person, the advocate and solicitor must so certify in such form as the Registrar may approve. For the purposes of this subsection, the Registrar may require the production of such document as he or she may think fit. (3) The Registrar has the power to refuse registration of any such transfer wherein the particulars required by subsection (1) are not specified or wherein the certification required by subsection (2) has not been effected, and where the Registrar has accepted any such transfer, he or she has the power to cancel the provisional registration of any such transfer or require the person lodging the transfer to withdraw it from registration. (4) Where the Registrar intends to exercise the power conferred on him or her by subsection (3) to cancel the provisional registration of any such transfer or to require the person lodging such transfer to withdraw it from registration, the Registrar must give written notice to that effect, and must not for a period of 6 weeks of the date of the notice cancel the provisional registration of any such transfer; and where any such notice requires the transfer to be withdrawn and if during that period subsection (1) or (2) has not been complied with, the Registrar may cancel the provisional registration of such transfer and is not bound to give any further notice before effecting such cancellation. (5) This section applies to every instrument of transfer of land irrespective of whether the land is residential property or otherwise.


document_id: rpa-1976
provision_ref: s20
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 20
title: Presumption by Registrar
content:
20. —(1) The Registrar may presume that every instrument of transfer of land (other than a mortgage, charge or reconveyance) made in favour of a foreign person and lodged for registration with the Registrar is in respect of residential property and that any agreement for sale and purchase of the land was made after 11 September 1973 unless evidence to the contrary is produced to the satisfaction of the Registrar. (2) Where any person acquiring an estate or interest in land under any such instrument of transfer employs an advocate and solicitor to act for the person, the Registrar may require the advocate and solicitor to provide an appropriate certificate or certificates in such form or forms as the Registrar may require. Such certificates must be endorsed on the instrument of transfer. (3) The Registrar has the power to refuse to accept any instrument of transfer for registration or to refuse to complete registration of such instrument — ( a ) where he or she is not satisfied with the evidence produced in accordance with subsection (1); or ( b ) where any certificate required under subsection (2) has not been provided.


document_id: rpa-1976
provision_ref: s21
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 21
title: Transfer of estate or interest in residential property vested in foreign person
content:
21. —(1) Where any estate or interest in any residential property that is not non‑restricted residential property is vested in any foreign person and that foreign person is desirous of transferring the same, the foreign person must not transfer any estate or interest in that residential property to any person other than a citizen or an approved purchaser. (2) Any transfer made in contravention of subsection (1) is void.


document_id: rpa-1976
provision_ref: s22
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 22
title: Sale of residential property by mortgagee or chargee
content:
22. —(1) A mortgagee or chargee, when exercising the mortgagee’s or chargee’s power of sale in respect of any estate or interest in any residential property that is not non‑restricted residential property, must not transfer the estate or interest to a foreign person. (2) Every mortgagee who, in relation to an estate or interest in any residential property that is not non‑restricted residential property, has obtained an order for foreclosure or who becomes vested by an instrument or otherwise with the entirety of that estate or interest, must sell to a citizen or an approved purchaser that estate or interest within a period of 3 years of the date of such order or of the date of the vesting of such estate or interest in the mortgagee; but the Minister has power to extend the period, from time to time, for such cause as appears to the Minister to be just and reasonable. (2A) The Minister may, when extending the period under subsection (2), impose such conditions as he or she thinks fit, including a condition that the mortgagee must provide such security as the Minister may determine for the purposes of complying with any condition imposed by the Minister. [35/2010] (2B) If a mortgagee fails to comply with any of the conditions imposed by the Minister under this section, the Controller may forfeit (in part or whole) the security provided by the mortgagee under this section, after giving 21 days’ notice in writing to the mortgagee of the Controller’s intention to forfeit the security and the grounds thereof. [35/2010] (2C) A mortgagee may, upon receipt of the notice under subsection (2B), appeal to the Minister within 3 months from the date of that notice. [35/2010] (2D) The Minister may determine an appeal under subsection (2C) by confirming or varying the Controller’s decision to forfeit the security, or by ordering the refund (in part or whole) of any security forfeited under subsection (2B); and the decision of the Minister on any such appeal is final and shall not be called in question in any court. [35/2010] (3) Where such mortgagee does not sell the estate or interest in the residential property that is not non‑restricted residential property within the period specified in subsection (2) (including any extension thereof), the Minister may issue to the Controller a notice to attach and sell the mortgagee’s estate or interest in that residential property. (4) Subsections (2), (2A), (2B), (2C), (2D) and (3) apply only to mortgagees who are foreign persons. [35/2010]


document_id: rpa-1976
provision_ref: s23
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 23
title:
Residential property not to be purchased or acquired by citizen or approved purchaser as nominee of foreign person

content:
23. —(1) A — ( a ) citizen or approved purchaser must not purchase or acquire any estate or interest in any residential property that is not non‑restricted residential property as a nominee of any foreign person with the intention that the citizen or approved purchaser is to hold it in trust for that foreign person; and ( b ) foreign person must not authorise or appoint as the foreign person’s nominee any citizen or approved purchaser to purchase or acquire any estate or interest in any residential property that is not non‑restricted residential property with the intention that that citizen or approved purchaser is to hold it in trust for that foreign person. (2) Any trust created in whatever manner or form pursuant to subsection (1) is void and there is no resulting trust in favour of the foreign person; and any contract or covenant between such citizen or approved purchaser and the foreign person in respect of such residential property or any estate or interest therein is void. (3) The Registrar, upon discovering that any instrument of transfer contains any such void trust and the instrument is pending final registration or has been finally registered by the Registrar, must enter a note in that instrument or the registration copy thereof (as the case may be) stating that such trust is void by virtue of subsection (2). (4) Any person who contravenes subsection (1)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both. [35/2010] (5) The court is to, in respect of any defendant charged with committing any offence under subsection (1)( a ) or ( b ) — ( a ) take into account any confiscation order made under section 23A before imposing any fine on the defendant; and ( b ) subject to paragraph ( a ), leave the confiscation order out of account in determining the appropriate sentence or other manner of dealing with the defendant.


document_id: rpa-1976
provision_ref: s23A
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 23A
title: Confiscation of benefits of offence under section 23
content:
23A. —(1) Where a defendant is convicted of any offence under section 23(1)( a ) or ( b ), the court is to, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by the defendant from the commission of the offence if the court is satisfied that such benefits have been so derived. (2) Where the court is satisfied that benefits have been derived by the defendant from the commission of any offence under section 23(1)( a ) or ( b ), the court is to, before sentencing or otherwise dealing with the defendant in respect of the offence concerned, determine in accordance with subsections (4) to (8) the amount to be recovered in the defendant’s case by virtue of this section. (3) Subject to subsection (7), the benefits derived by a defendant from the commission of any offence under section 23(1)( a ) or ( b ) are — ( a ) any estate or interest (including any income accruing from such estate or interest) in residential property held in trust by or for the benefit of the defendant in contravention of section 23(1)( a ) or ( b ); or ( b ) where that estate or interest in residential property is disposed of before conviction, the money, or the market value of any property other than money, paid to or received by the defendant, or another person at the request or direction of the defendant, on account of the disposal of the estate or interest in the residential property. (4) The amount to be recovered from the defendant under a confiscation order under this section is the amount the court assesses to be the value of the benefits derived by the defendant from the commission of any offence under section 23(1)( a ) or ( b ). (5) For the purposes of this section — ( a ) the value of the benefits derived by a defendant from the commission of any such offence is the aggregate of the properties, estates and interests referred to in subsection (3)( a ) or ( b ) (as the case may be) relating to that defendant; ( b ) the value of the estate or interest in residential property mentioned in subsection (3)( a ) is the market value of the estate or interest at the date of conviction or the date of the commission of the offence, whichever is the higher; and ( c ) in calculating the value of benefits derived by a defendant from the commission of any offence under section 23(1)( a ) or ( b ), any expenses or outgoings of the defendant in connection with the commission of the offence must be disregarded. (6) Any question of fact to be decided by a court in proceedings under this section is to be decided on a balance of probabilities. (7) A benefit derived by a defendant convicted of any offence under section 23(1)( a ) or ( b ) must not be taken into account if — ( a ) a confiscation order against the defendant has been imposed in respect of that benefit under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; ( b ) a confiscation order against the defendant has previously been made under this section and that benefit is shown to the court to have been taken into account in determining the amount to be recovered under that order; or ( c ) a confiscation order against another defendant has previously been made under this section in relation to an offence committed in the same transaction as the offence by the firstmentioned defendant and that benefit, being an estate or interest mentioned in subsection (3)( a ), is shown to the court to have been taken into account in determining the amount to be recovered under the order against that other defendant. (8) Any relevant evidence admitted in the proceedings against the defendant for any offence under section 23(1)( a ) or ( b ) must, if the court thinks fit, be taken into account in determining the amount to be recovered under subsection (2). (9) Subject to subsection (1), where a court orders the defendant to pay any amount under a confiscation order — ( a ) section 319 of the Criminal Procedure Code 2010 has effect as if that amount were a fine imposed on the defendant by the court; and ( b ) for the purposes of section 319(1)( b )(iv) of the Criminal Procedure Code 2010, the term for which the court may direct the defendant to be imprisoned in default of payment of any amount under the confiscation order is as follows: (i) if the amount does not exceed $2 million — imprisonment for a term not exceeding 5 years; and (ii) if the amount exceeds $2 million — imprisonment for a term not exceeding 10 years. [15/2010] (10) Where — ( a ) a warrant to commit the defendant to prison is issued for a default in payment of an amount ordered to be paid under a confiscation order in respect of an offence under section 23(1)( a ) or ( b ); and ( b ) at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence, the term of imprisonment to be served in default of payment of the amount does not begin to run until after the term mentioned in paragraph ( b ). (11) This section does not apply in respect of any offence committed before 31 March 2006.


document_id: rpa-1976
provision_ref: s24
chapter: PART 2 - PROHIBITION ON PURCHASE OR ACQUISITION OF
section: 24
title: Final registration to be suspended if Act contravened
content:
24. —(1) The Registrar, if he or she considers or is informed in writing by the Controller that any transfer lodged with the Registrar contravenes any of the provisions of this Act, must not complete the registration of the transfer. (2) The transfer in such event remains provisionally registered and the Registrar must cause an entry to be made — ( a ) in the case of land subject to the provisions of the Land Titles Act 1993 — in the land‑register; and ( b ) in the case of land subject to the provisions of the Registration of Deeds Act 1988 — in the relevant Index of Land Book and other land records maintained at the Registry of Deeds of the Authority, that final registration is suspended. (3) No action or claim may be made against the decision of the Registrar to suspend the final registration of the transfer. (4) The party or the advocate and solicitor acting for the party claiming under the transfer or that party’s successors in title or assigns who appear as such in the records of the Registrar must be served with a written notice by the Registrar of such decision and such party, successors in title or assigns may seek a declaration from the court as to whether the transfer contravenes any of the provisions of this Act, and, if so, is to be declared void; if the court makes a declaration that the transfer is void, the declaration must be served on the Registrar, and upon service of the declaration, the Registrar must cancel the registration of the transfer and any relating instrument and make such appropriate entries in the Registrar’s records as may be necessary. (5) All costs incidental to the action taken by the party claiming under the transfer or that party’s successors in title or assigns who appear as such in the records of the Registrar, despite the declaration of the court, must be borne by the party, successors in title or assigns seeking the declaration. (6) If no declaration is sought from the court or if an application to the court for a declaration if made is not served on the Registrar within a period of 6 months of the date of service of the written notice issued and served by the Registrar under subsection (4), or if a declaration made by the court is not served on the Registrar within 21 days of the date of the declaration, the Registrar must, without giving further notice to the party claiming under the transfer or that party’s successors in title or assigns who appear as such in the records of the Registrar, proceed to cancel the registration of the transfer and all relating instruments, and no claim may be made against the Registrar for any loss or damage suffered as a consequence of the cancellation. (7) Where any transfer which contravenes any of the provisions of this Act has been finally registered by the Registrar, the court may, on the application of the Controller, declare that the transfer is void and order rectification of the land‑register by directing that the registration of the transfer and any relating instrument be cancelled; and all costs and expenses of, and incidental to, the application must be borne by the person who transfers any estate or interest in the residential property concerned to a foreign person, and those costs and expenses are recoverable by the Controller from the person who so transfers. (8) Every application to the court made under this section must be by originating application. [Act 25 of 2021 wef 01/04/2022]


document_id: rpa-1976
provision_ref: s25
chapter: PART 3 - APPROVAL TO PURCHASE, ACQUIRE OR
section: 25
title: Application by foreign person for approval to purchase, acquire or retain residential property
content:
25. —(1) For the purposes of this Act, a committee called the Residential Property Advisory Committee is established which consists of a Chairperson and such number of other members as the Minister may, from time to time, appoint for such period as he or she may think fit. Any member so appointed who ceases to be a member is eligible for re‑appointment. (2) Subject to subsection (14), any foreign person who desires to purchase, acquire or retain any estate or interest in any residential property other than non‑restricted residential property must apply to the Minister through the Controller for the grant of the Minister’s approval to acquire or to retain residential property, as the case may be. (3) Every such application must be in such form and must state such particulars as the Controller may require. (4) The Controller must forward every such application to the Committee; and after consideration thereof, the Committee must make recommendations thereon to the Minister who may, in his or her discretion, grant, with or without conditions (or refuse to grant), approval — ( a ) for the purchase or acquisition of the estate or interest in the residential property in respect of which the application was made or for the retention of such estate or interest; or ( b ) for the purchase or acquisition of the estate or interest in residential property of such class or nature as the applicant may desire to purchase or acquire. (5) Without limiting the powers of the Minister under subsection (4), the Minister may, in his or her discretion, grant approval, with or without conditions, to any applicant, being a natural person, who intends to purchase or acquire residential property for the purpose of the applicant’s own occupation and that of the applicant’s family as a dwelling house and not for the purpose of rental or any other purpose; and for the purposes of this subsection “an applicant” means one — ( a ) who is a permanent resident; ( b ) who, in the Minister’s opinion, is of economic benefit to Singapore or who, in the Minister’s opinion, makes or is able to make an adequate economic contribution to Singapore; or ( c ) who, not being a citizen, possesses professional or other qualifications or experience which, in the Minister’s opinion, are of value or of benefit or advantageous to Singapore. (6) Without limiting the powers of the Minister under subsection (4), he or she may grant approval, with or without conditions, to an applicant, being a foreign company or a foreign limited liability partnership which — ( a ) in the Minister’s opinion — (i) is of economic benefit to Singapore; or (ii) makes or is able to make an adequate economic contribution to Singapore; and ( b ) intends to purchase or acquire, or retain any interest in, residential property for the purpose of occupation as a dwelling house by its executives, managers, partners, employees or other personnel and their families and not for any other purpose. (7) The conditions that the Minister may impose under subsection (4), (5) or (6) include all or any of the following: ( a ) that the applicant — (i) being a natural person, must use the residential property for his or her own occupation and that of his or her family as a dwelling house and not for any other purpose; or (ii) being a foreign company or a foreign limited liability partnership, must use the residential property for occupation as a dwelling house by its executives, managers, partners, employees or other personnel and their families and not for any other purpose; ( aa ) that the applicant must not sell, assign, transfer or otherwise dispose of the applicant’s estate or interest in the residential property within such period as may be specified by the Minister; ( b ) that the applicant must provide such security as the Minister may determine for the purposes of complying with any condition imposed by the Minister; ( c ) that the applicant must give an undertaking in writing to comply with the conditions imposed by the Minister. [35/2010] (7A) Where an applicant has failed to comply with any of the conditions imposed by the Minister under this section, the Minister may forfeit (in part or whole) the security provided by the applicant under this section after giving 21 days’ notice in writing to the applicant of the Minister’s intention to forfeit the security and the grounds thereof. [35/2010] (7B) An applicant may, upon receipt of the notice under subsection (7A), appeal to the Minister within 3 months from the date of that notice. [35/2010] (7C) The Minister’s decision on any appeal made under subsection (7B) is final and shall not be called in question in any court. (8) [ Deleted by Act 35 of 2010 ] (9) ( a ) Every applicant mentioned in subsection (5) must provide a declaration as to whether the applicant or the applicant’s spouse or any of their children owns residential property in Singapore, and if so must state full particulars thereof. ( b ) Every applicant mentioned in subsection (6) must provide a declaration as to whether the applicant owns residential property in Singapore, and if so must state full particulars thereof; and such declaration must — (i) where the applicant is a foreign company — be made by a director, manager or secretary thereof or a person holding an analogous position; and (ii) where the applicant is a foreign limited liability partnership — be made by a manager or partner thereof or a person holding an analogous position. (10) Nothing in this section is to be construed as detracting from or prejudicing in any way the power conferred on the Minister by subsection (4) to approve or to refuse to approve any application. (11) The Minister’s decision to approve or to refuse to approve any application must be conveyed to the applicant by the Controller by written notice. (12) Where the Minister has refused an application and the Controller has conveyed the Minister’s decision by written notice to the applicant, the applicant may, within a period of 3 months of the date of the notice (or such later period as the Minister may allow in the circumstances of any particular case), make representations to the Minister against his or her decision; and if the applicant makes representations within that period (including any extension which may be allowed), the Minister, having considered those representations, must direct the Controller to convey to the applicant his or her decision to accept or to reject the representations. (13) The Minister’s decision to approve or to refuse to approve any application or, if any representations are made pursuant to subsection (12), his or her decision to accept or reject the representations, is final and shall not be called in question in any court. (14) Where a foreign person is a natural person or a society, the foreign person is not required to make application for the retention of any estate or interest in any residential property vested in the foreign person immediately before 11 September 1973.


document_id: rpa-1976
provision_ref: s25A
chapter: PART 3 - APPROVAL TO PURCHASE, ACQUIRE OR
section: 25A
title: Minister may direct Controller to lodge caveat
content:
25A. —(1) Where the Minister has granted his or her approval under section 25 to any foreign person to purchase, acquire or retain any estate or interest in any residential property (other than non‑restricted residential property) subject to the condition that the foreign person must not sell, assign, transfer or otherwise dispose of that estate or interest in that residential property within the period specified by the Minister, the Minister may direct the Controller to lodge a caveat, on the relevant volume and folio of the land‑register in the Land Titles Registry of the Authority, forbidding the registration under the Land Titles Act 1993 during that period of any dealing affecting that residential property against which the caveat is directed unless the Controller, or some person nominated by the Controller in the caveat, has consented in writing to such registration. [35/2010] (2) The Controller must withdraw the caveat mentioned in subsection (1) upon the expiry of the period specified by the Minister, unless the Minister directs that the caveat be withdrawn at any time earlier. [35/2010]


document_id: rpa-1976
provision_ref: s25B
chapter: PART 3 - APPROVAL TO PURCHASE, ACQUIRE OR
section: 25B
content:
25B. —(1) Where an approved purchaser, by lease or agreement, grants to another the right to occupy any residential property (other than non‑restricted residential property) in contravention of any condition mentioned in section 25(7)( a ), the Controller may, by written notice, require the approved purchaser to pay, within a specified period, a financial penalty of such amount (as the Controller thinks fit) not exceeding the highest of one of the following amounts: ( a ) $10,000; ( b ) 3 times the amount of rental payable and collected — (i) in any case where the lease or agreement was made before 17 January 2011 — during the period of contravention falling on or after that date; or (ii) in any other case — during the period of contravention; or ( c ) 3 times the assessed rental reasonably expected to be collected for that residential property — (i) in any case where the lease or agreement was made before 17 January 2011 — during the period of contravention falling on or after that date; or (ii) in any other case — during the period of contravention. [35/2010] (2) The quantum of the financial penalty referred to in subsection (1) must take into account any security provided by the approved purchaser under section 25(7)( b ) and which has been forfeited under section 25(7A) in respect of the same contravention of any condition mentioned in section 25(7)( a ). [35/2010] (3) Where an approved purchaser is a company or a limited liability partnership, and the Controller is of the opinion that the failure of the approved purchaser to comply with any condition mentioned in section 25(7)( a ) was committed with the consent or connivance of, or was attributable to any neglect on the part of, any person who is a director of the company or a partner of the limited liability partnership (as the case may be), the Controller must, together with the notice under subsection (1) to the approved purchaser, inform the person concerned of the Controller’s opinion, and that person is then jointly and severally liable with the company or limited liability partnership to pay the financial penalty imposed under subsection (1). [35/2010] (4) Any financial penalty payable by any approved purchaser or other person under subsection (1) or (3) is recoverable by the Controller as a debt due to the Controller from that approved purchaser or other person. [35/2010] (5) In this section, “assessed rental”, in relation to any residential property, means the market rental for that residential property as assessed by an independent valuer appointed by the Controller. [35/2010]


document_id: rpa-1976
provision_ref: s25C
chapter: PART 3 - APPROVAL TO PURCHASE, ACQUIRE OR
section: 25C
title: Penalty for failure to comply with other conditions imposed by Minister
content:
25C. Where — ( a ) the Minister grants his or her approval under section 25 for an approved purchaser to purchase, acquire or retain any estate or interest in any residential property (other than non‑restricted residential property), subject to any condition; and ( b ) the approved purchaser fails to comply with any such condition, other than a condition mentioned in section 25(7)( a ), the approved purchaser shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. [35/2010]


document_id: rpa-1976
provision_ref: s26
chapter: PART 3 - APPROVAL TO PURCHASE, ACQUIRE OR
section: 26
title:
Application for approval by Singapore entity with residential properties to become converted entity and for retention of its residential properties

content:
26. —(1) Any Singapore entity which, pursuant to section 9, intends to seek the prior written approval of the Controller for its conversion to a converted entity, and for the retention of all its estate or interest in all or in one or more of its residential properties, not being non‑restricted residential properties, which the Singapore entity intends should remain vested in the converted entity upon such conversion, must make application to the Controller, in such form as he or she may require, for the grant of approval for such conversion and for such retention. [35/2010] (2) Every such application must state such particulars as the Controller may require. (3) The Controller must forward every such application to the Committee; and after consideration thereof, the Committee must make recommendations thereon to the Controller who may, with the Minister’s approval, grant, with or without conditions (or refuse to grant), approval for — ( a ) the conversion of the Singapore entity to a converted entity; and ( b ) the retention of all or one or more of its residential properties in respect of which it has made application therefor. [35/2010] (3A) The conditions that the Controller may impose under subsection (3) include all or any of the following: ( a ) that the applicant must carry out and complete the development of any residential property retained by the applicant within such period as the Controller may determine; ( b ) that the applicant — (i) must not sell, assign, transfer, sublease or otherwise dispose of such residential property or any part thereof in its vacant or undeveloped state without the prior approval of the Controller, which may be granted with or without conditions; or (ii) must sell all the flats or dwelling houses in the development or, where the residential property comprises one or more buildings which have not been subdivided into units for sale, must sell the whole development, to citizens or approved purchasers within a period of 2 years from the date of the issue by the relevant authority of a temporary occupation permit or certificate of statutory completion, whichever is the earlier, in respect of such flats, dwelling houses or any of the buildings; ( c ) that, where the applicant is a company, limited liability partnership or society, a person who holds any shares in the company or who is a partner in the limited liability partnership or member of the society must not, without the approval of the Controller (which may be granted with or without conditions), sell, assign, transfer or otherwise dispose of any of the person’s shares or any interest in such shares to any other person, or resign as such partner or member, as the case may be; ( d ) that the applicant must provide such security as the Controller may determine for the purposes of complying with any condition the Controller imposes; ( e ) that the applicant must give an undertaking in writing to comply with the conditions the Controller imposes. [35/2010] (3B) Subject to subsections (3C) and (3D), the Controller may extend any period mentioned in subsection (3A)( a ) or ( b )(ii) and may, in his or her discretion, dispense with the requirement to provide security referred to in subsection (3A)( d ). [35/2010] (3C) The Controller may, when extending any period mentioned in subsection (3A)( a ) or ( b )(ii), require the applicant to pay an extension charge of such amount as the Controller may determine. [35/2010] (3D) Any extension charge payable under subsection (3C) need not bear any relationship to the cost of considering an application for and granting an extension of any period mentioned in subsection (3A)( a ) or ( b )(ii). [35/2010] (3E) Where an applicant has failed to comply with any condition imposed by the Controller, the Controller may do all or any of the following: ( a ) in the case of a condition the compliance with which security has been provided under subsection (3A)( d ) — the Controller may forfeit (in part or whole) the security provided by the applicant after giving 21 days’ notice in writing to the applicant of the Controller’s intention to forfeit the security and the grounds thereof; ( b ) in the case of any condition mentioned in subsection (3A)( b )(i) relating to residential property or in subsection (3A)( c ) relating to shares in a company — the Controller may, by written notice, require the applicant to pay, within a specified period, a financial penalty of such amount (as the Controller thinks fit) not exceeding 50% of the market value of the residential property or shares concerned. [35/2010] (3F) The quantum of the financial penalty required to be paid under subsection (3E)( b ) must take into account any security provided by the applicant under subsection (3A)( d ) and which has been forfeited under subsection (3E)( a ) in respect of the same contravention of any condition mentioned in subsection (3A)( b ) or ( c ). [35/2010] (3G) Where the Controller is of the opinion that the failure of the applicant to comply with any condition mentioned in subsection (3A)( b )(i) or ( c ) was committed with the consent or connivance of, or was attributable to any neglect on the part of any person who is a director, partner or member of the governing body or board of trustees of the applicant (as the case may be), the Controller must, together with the notice under subsection (3E)( b ) to the applicant, inform the person concerned of the Controller’s opinion, and that person is then jointly and severally liable with the applicant to pay the financial penalty imposed under subsection (3E)( b ). [35/2010] (3H) Any financial penalty payable by any applicant or any other person under subsection (3E)( b ) or (3G) is recoverable by the Controller as a debt due to the Controller from that applicant or other person. [35/2010] (4) The Minister may direct that all the residential properties that are not non‑restricted residential properties in respect of which approval was not granted under subsection (3)( b ) must be transferred to any citizen or approved purchaser. (4A) Upon approving under subsection (3) the retention by an applicant of all or one or more of its residential properties subject to the condition mentioned in subsection (3A)( b )(i), the Controller must immediately inform the Registrar who must enter — ( a ) on the relevant volume and folio of the land‑register in the Land Titles Registry of the Authority; or ( b ) in the books or other records maintained at the Registry of Deeds of the Authority, as the case may be, a notice warning persons dealing with the registered proprietor named therein that the registered proprietor is prohibited from selling, assigning, transferring, subleasing or otherwise disposing of the residential property comprised therein in its vacant or undeveloped state. [35/2010] (4B) The Registrar must cancel the notice of warning mentioned in subsection (4A) if the Controller directs that the notice be cancelled; and the Controller must make such a direction if he or she is satisfied that the temporary occupation permit or the certificate of statutory completion for the whole of the development has been issued by the relevant authority. [35/2010] (4C) No claim may be made by any person against the Registrar for any loss or damage suffered if the notice mentioned in subsection (4A) is not entered on the land‑register in the Land Titles Registry of the Authority or in the books or other records maintained at the Registry of Deeds of the Authority (as the case may be), or is cancelled pursuant to subsection (4B). [35/2010] (5) Section 25(6) to (13) applies, with the necessary modifications, to every application made under subsection (1) for the retention of any estate or interest in such residential property. (6) For the purpose of determining under subsection (3E) the financial penalty for contravening a condition, “market value” — ( a ) in relation to residential property, means the market value of the residential property at the date of the contravention of the condition as assessed by an independent valuer appointed by the Controller; and ( b ) in relation to shares in a company, means the market value of the shares at the date of the contravention of the condition. [35/2010]


document_id: rpa-1976
provision_ref: s27
chapter: PART 3 - APPROVAL TO PURCHASE, ACQUIRE OR
section: 27
title: Minister may issue direction for sale of residential property
content:
27. —(1) Where the Minister or the Controller (as the case may be) has at any time before or after 1 October 1982 — ( a ) granted his or her approval under section 25, 26 or 31 to any foreign person to purchase, acquire or retain any estate or interest in any residential property that is not non‑restricted residential property; ( b ) exempted, pursuant to section 32, any foreign person from all or any of the provisions of this Act; ( c ) granted his or her approval under section 28 to any foreign person for a change of use of any land owned by that foreign person; or ( d ) granted his or her approval under section 28A to any foreign person for the development of any land, subject to any condition and the Minister is satisfied that that person has failed to comply with the condition, the Minister may, by direction in writing, require the person named therein to dispose of the person’s estate or interest in the residential property by transferring the person’s estate or interest to any citizen or approved purchaser within a period of not less than 6 months of the date of service of the direction by the Minister. [35/2010] (2) A direction given by the Minister under subsection (1) must be served on the Controller and the person named therein and the subsisting mortgagees and chargees (if any) of the residential property who appear as such on the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be. (3) Where a person who has been directed under subsection (1) to dispose of the person’s estate or interest in any residential property or land fails to satisfy the Controller that the person has transferred the person’s estate or interest within the period specified in subsection (1) or within any further period extended by the Minister, the Minister may issue to the Controller a notice to attach and sell the estate or interest in that residential property or land, and a copy of that notice must be served on — ( a ) the owner of the residential property or land; and ( b ) each subsisting mortgagee or chargee (if any) who appears as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be.


document_id: rpa-1976
provision_ref: s28
chapter: PART 3 - APPROVAL TO PURCHASE, ACQUIRE OR
section: 28
title: Change of existing use to use for residential purposes
content:
28. —(1) Where any foreign person is the owner or purchaser of any land other than residential property prior to 11 September 1973, or has after that date acquired or purchased any such land, that foreign person is required to make application to the Controller for the grant of approval to change the existing use of such land (whether it is land, a house, a building or other premises or part thereof) to use for any purpose other than industrial or commercial, prior to the foreign person making an application to the competent authority, appointed under the Planning Act 1998, for such change; and such foreign person must not be granted permission under that Act for such change of use unless the foreign person has been granted approval by the Controller for the change. [35/2010] (2) The Controller may, with the Minister’s approval, grant approval under subsection (1) subject to such conditions as the Controller thinks fit, including all or any of the following: ( a ) that the applicant must carry out and complete the development of the land within such period as the Controller may determine; ( b ) that the applicant — (i) must not sell, assign, transfer, sublease or otherwise dispose of the land or any part thereof in its vacant or undeveloped state without the prior approval of the Controller, which may be granted with or without conditions; or (ii) must sell all the flats or dwelling houses in the development or, where the land comprises one or more buildings which have not been subdivided into units for sale, must sell the whole development, to citizens or approved purchasers within a period of 2 years from the date of the issue by the relevant authority of a temporary occupation permit or certificate of statutory completion, whichever is the earlier, in respect of such flats, dwelling houses or any of the buildings; ( c ) that, where the applicant is a company, limited liability partnership or society, a person who holds any shares in the company or who is a partner in the limited liability partnership or member of the society must not, without the approval of the Controller (which may be granted with or without conditions), sell, assign, transfer or otherwise dispose of any of the person’s shares or any interest in such shares to any other person, or resign as such partner or member, as the case may be; ( d ) that the applicant must provide such security as the Controller may determine for the purposes of complying with any condition the Controller imposes; ( e ) that the applicant must give an undertaking in writing to comply with the conditions the Controller imposes. [35/2010] (3) Subject to subsections (4) and (5), the Controller may extend any period mentioned in subsection (2)( a ) or ( b )(ii) and may, in his or her discretion, dispense with the requirement to provide security referred to in subsection (2)( d ). [35/2010] (4) The Controller may, when extending any period mentioned in subsection (2)( a ) or ( b )(ii), require the applicant to pay an extension charge of such amount as the Controller may determine. [35/2010] (5) Any extension charge payable under subsection (4) need not bear any relationship to the cost of considering an application for and of granting an extension of any period mentioned in subsection (2)( a ) or ( b )(ii). [35/2010] (6) Where an applicant has failed to comply with any condition imposed by the Controller, the Controller may do all or any of the following: ( a ) in the case of a condition the compliance with which security has been provided under subsection (2)( d ) — the Controller may forfeit (in part or whole) the security provided by the applicant after giving 21 days’ notice in writing to the applicant of the Controller’s intention to forfeit the security and the grounds thereof; ( b ) in the case of any condition mentioned in subsection (2)( b )(i) relating to land or in subsection (2)( c ) relating to shares in a company — the Controller may, by written notice, require the applicant to pay, within a specified period, a financial penalty of such amount (as the Controller thinks fit) not exceeding 50% of the market value of the land or shares concerned. [35/2010] (7) The quantum of the financial penalty required to be paid under subsection (6)( b ) must take into account any security provided by the applicant under subsection (2)( d ) and which has been forfeited under subsection (6)( a ) in respect of the same contravention of any condition mentioned in subsection (2)( b ) or ( c ). [35/2010] (8) Where an applicant is a company, limited liability partnership or society and the Controller is of the opinion that the failure of the applicant to comply with any condition mentioned in subsection (2)( b )(i) or ( c ) was committed with the consent or connivance of, or was attributable to any neglect on the part of any person who is a director of the company, a partner of the limited liability partnership or a member of the governing body or board of trustees of the society (as the case may be), the Controller must, together with the notice under subsection (6)( b ) to the applicant, inform the person concerned of the Controller’s opinion, and that person is then jointly and severally liable with the company, limited liability partnership or society to pay the financial penalty imposed under subsection (6)( b ). [35/2010] (9) Any financial penalty payable by any applicant or any person under subsection (6)( b ) or (8) is recoverable by the Controller as a debt due to the Controller from that applicant or person. [35/2010] (10) Upon approving under subsection (1) a change of use by an applicant of its land subject to the condition mentioned in subsection (2)( b )(i), the Controller must immediately inform the Registrar who must enter — ( a ) on the relevant volume and folio of the land‑register in the Land Titles Registry of the Authority; or ( b ) in the books or other records maintained at the Registry of Deeds of the Authority, as the case may be, a notice warning persons dealing with the registered proprietor named therein that the registered proprietor is prohibited from selling, assigning, transferring, subleasing or otherwise disposing of the land in its vacant or undeveloped state. [35/2010] (11) The Registrar must cancel the notice of warning mentioned in subsection (10) if the Controller directs that the notice be cancelled; and the Controller must make such a direction if he or she is satisfied that the temporary occupation permit or the certificate of statutory completion for the whole of the development has been issued by the relevant authority. [35/2010] (12) No claim may be made by any person against the Registrar for any loss or damage suffered if the notice mentioned in subsection (10) is not entered on the land‑register in the Land Titles Registry of the Authority or in the books or other records maintained at the Registry of Deeds of the Authority (as the case may be), or is cancelled pursuant to subsection (11). [35/2010] (13) For the purpose of determining under subsection (6) the financial penalty for contravening a condition, “market value” — ( a ) in relation to land — means the market value of the land at the date of the contravention of the condition as assessed by an independent valuer appointed by the Controller; and ( b ) in relation to shares in a company — means the market value of the shares at the date of the contravention of the condition. [35/2010]


document_id: rpa-1976
provision_ref: s28A
chapter: PART 3 - APPROVAL TO PURCHASE, ACQUIRE OR
section: 28A
title: Approval for residential development on land deemed non‑residential
content:
28A. —(1) Where any foreign person is the owner of any vacant land (whether or not with a vacant or disused building or structure thereon) which has been — ( a ) zoned for any of the purposes declared to be industrial, commercial or non‑residential by the Minister under paragraph ( h ) of the definition of “residential property” in section 2(1); and ( b ) rezoned at any time on or after 1 April 1998 pursuant to any alteration to the Master Plan (other than an alteration made in relation to any application for permission to develop under the Planning Act 1998) and is still zoned for a purpose other than that declared by the Minister under that paragraph ( h ), that foreign person — ( c ) is required to make an application to the Controller for the grant of approval to develop the land for that purpose prior to the foreign person making an application to the competent authority appointed under the Planning Act 1998 for permission to develop; and ( d ) must not be granted planning permission or conservation permission unless the foreign person has been granted prior approval by the Controller in accordance with this section. [35/2010] (2) A certification by the competent authority appointed under the Planning Act 1998 certifying that an alteration to the Master Plan was approved by the Minister in relation to an application for planning permission or conservation permission under that Act is conclusive evidence of the matters stated therein. (3) The Controller may, with the Minister’s approval, grant approval under subsection (1) subject to such conditions as the Controller thinks fit, including all or any of the following: ( a ) that the applicant must carry out and complete the development of the land within such period as the Controller may determine; ( b ) that the applicant — (i) must not sell, assign, transfer, sublease or otherwise dispose of the land or any part thereof in its vacant or undeveloped state without the prior approval of the Controller, which may be granted with or without conditions; or (ii) must sell all the flats or dwelling houses in the development or, where the land comprises one or more buildings which have not been subdivided into units for sale, must sell the whole development, to citizens or approved purchasers within a period of 2 years from the date of the issue by the relevant authority of a temporary occupation permit or certificate of statutory completion, whichever is the earlier, in respect of such flats, dwelling houses or any of the buildings; ( c ) that, where the applicant is a company, limited liability partnership or society, a person who holds any shares in the company or who is a partner in the limited liability partnership or member of the society must not, without the approval of the Controller (which may be granted with or without conditions), sell, assign, transfer or otherwise dispose of any of the person’s shares or any interest in such shares to any other person, or resign as such partner or member, as the case may be; ( d ) that the applicant must provide such security as the Controller may determine for the purposes of complying with any condition the Controller imposes; ( e ) that the applicant must give an undertaking in writing to comply with the conditions the Controller imposes. [35/2010] (4) Subject to subsections (5) and (6), the Controller may extend any period mentioned in subsection (3)( a ) or ( b )(ii) and may, in his or her discretion, dispense with the requirement to provide security referred to in subsection (3)( d ). [35/2010] (5) The Controller may, when extending any period mentioned in subsection (3)( a ) or ( b )(ii), require the applicant to pay an extension charge of such amount as the Controller may determine. [35/2010] (6) Any extension charge payable under subsection (5) need not bear any relationship to the cost of considering an application for and granting an extension of any period mentioned in subsection (3)( a ) or ( b )(ii). [35/2010] (7) Where an applicant has failed to comply with any condition imposed by the Controller, the Controller may do all or any of the following: ( a ) in the case of a condition the compliance with which security has been provided under subsection (3)( d ) — the Controller may forfeit (in part or whole) the security provided by the applicant after giving 21 days’ notice in writing to the applicant of the Controller’s intention to forfeit the security and the grounds thereof; ( b ) in the case of any condition mentioned in subsection (3)( b )(i) relating to land or in subsection (3)( c ) relating to shares in a company — the Controller may, by written notice, require the applicant to pay, within a specified period, a financial penalty of such amount (as the Controller thinks fit) not exceeding 50% of the market value of the land or shares concerned. [35/2010] (8) The quantum of the financial penalty required to be paid under subsection (7)( b ) must take into account any security provided by the applicant under subsection (3)( d ) and which has been forfeited under subsection (7)( a ) in respect of the same contravention of any condition mentioned in subsection (3)( b ) or ( c ). [35/2010] (9) Where an applicant is a company, limited liability partnership or society and the Controller is of the opinion that the failure of the applicant to comply with any condition mentioned in subsection (3)( b )(i) or ( c ) was committed with the consent or connivance of, or was attributable to any neglect on the part of any person who is a director of the company, a partner of the limited liability partnership or a member of the governing body or board of trustees of the society (as the case may be), the Controller must, together with the notice under subsection (7)( b ) to the applicant, inform the person concerned of the Controller’s opinion, and that person is then jointly and severally liable with the company, limited liability partnership or society to pay the financial penalty imposed under subsection (7)( b ). [35/2010] (10) Any financial penalty payable by any applicant or any person under subsection (7)( b ) or (9) is recoverable by the Controller as a debt due to the Controller from that applicant or person. [35/2010] (11) Upon granting approval under subsection (1) to develop land subject to the condition mentioned in subsection (3)( b )(i), the Controller must immediately inform the Registrar who must enter — ( a ) on the relevant volume and folio of the land‑register in the Land Titles Registry of the Authority; or ( b ) in the books or other records maintained at the Registry of Deeds of the Authority, as the case may be, a notice warning persons dealing with the registered proprietor named therein that the registered proprietor is prohibited from selling, assigning, transferring, subleasing or otherwise disposing of the land in its vacant or undeveloped state. [35/2010] (12) The Registrar must cancel the notice of warning mentioned in subsection (11) if the Controller directs that the notice be cancelled; and the Controller must make such a direction if he or she is satisfied that the temporary occupation permit or the certificate of statutory completion for the whole of the development has been issued by the relevant authority. [35/2010] (13) No claim may be made by any person against the Registrar for any loss or damage suffered if the notice mentioned in subsection (11) is not entered on the land‑register in the Land Titles Registry of the Authority or in the books or other records maintained at the Registry of Deeds of the Authority (as the case may be), or is cancelled pursuant to subsection (12). [35/2010] (14) For the purpose of determining under subsection (7) the financial penalty for contravening a condition, “market value” — ( a ) in relation to land — means the market value of the land at the date of the contravention of the condition as assessed by an independent valuer appointed by the Controller; and ( b ) in relation to shares in a company — means the market value of the shares at the date of the contravention of the condition. [35/2010]


document_id: rpa-1976
provision_ref: s29
chapter: PART 4 - MISCELLANEOUS
section: 29
title: Controller of Residential Property to administer this Act
content:
29. —(1) The Minister must appoint a Controller of Residential Property who has charge of the administration of this Act, subject to any general or special directions of the Minister. (2) The Minister may also appoint such Deputy Controllers and Assistant Controllers of Residential Property as may be necessary for the carrying out of the provisions of this Act. (3) Where any Deputy Controller or Assistant Controller of Residential Property is appointed, that Deputy Controller or Assistant Controller of Residential Property must carry out the provisions of this Act, subject to the general or special directions of the Controller. (4) The Comptroller of Property Tax appointed under the Property Tax Act 1960, the Controller of Immigration appointed under the Immigration Act 1959 and any competent authority appointed under the Planning Act 1998 must render all possible assistance and make available all necessary information to the Controller for the purpose of carrying out the provisions of this Act. (5) The Controller of Residential Property, every Deputy or Assistant Controller of Residential Property and any person acting under the authority of the Controller of Residential Property shall not be personally liable to any action, suit or proceeding in respect of any act or matter done in good faith or omitted to be done in the administration of this Act.


document_id: rpa-1976
provision_ref: s30
chapter: PART 4 - MISCELLANEOUS
section: 30
title: Diplomatic and consular missions and religious groups in Singapore
content:
30. —(1) Any government of a foreign State or territory outside Singapore or any accredited agent of that government or any religious group in Singapore which intends to purchase or acquire any estate or interest in any residential property which is not non‑restricted residential property for any diplomatic, consular or official purpose of that government or for the purposes of an official residence for any accredited agent of that government or, in the case of a religious group, for its use is not bound by the procedures laid down in section 25 but must first seek the written permission of the Minister for such purchase or acquisition. (2) In this section, “religious group” includes any group, body, denomination, institution or organisation which professes any religion. (3) The requirement under subsection (1) for the written permission of the Minister does not apply to the purchase or acquisition (whether by lease, deed of assignment or other agreement) of a leasehold estate or interest for a term not exceeding 7 years, inclusive of any further term which may be granted by way of an option for renewal.


document_id: rpa-1976
provision_ref: s31
chapter: PART 4 - MISCELLANEOUS
section: 31
title: Housing developers
content:
31. —(1) Except as provided in subsection (4), section 25 does not apply to housing developers. (2) A housing developer must, before the housing developer purchases or acquires an estate or interest in any residential property, apply to the Controller for approval to purchase or acquire the residential property. (3) Upon receipt of an application under subsection (2), the Controller may, with the Minister’s approval, grant approval subject to such terms and conditions as the Controller may think fit, including all or any of the following: ( a ) that the housing developer must carry out and complete the development of the residential property and must not sell, assign, transfer, sublease or otherwise dispose of the residential property or any part thereof in its vacant or undeveloped state without the prior approval of the Controller which may be granted with or without conditions; ( b ) that where the housing developer is a company, a limited liability partnership or a society, a person who holds any shares in the company or who is a partner in the limited liability partnership or member of the society must not, without the approval of the Controller (which may be granted with or without conditions), sell, assign, transfer or otherwise dispose of any of the person’s shares or any interest in such shares to any other person, or resign as such partner or member, as the case may be; ( c ) that the housing developer must provide such security as the Controller may determine for the purpose of developing that residential property, and that such security may be forfeited if the housing developer — (i) does not proceed with or complete the development within such period as the Controller may determine; (ii) does not sell all the flats or dwelling houses in the development, or where the development comprises one or more buildings which have not been subdivided into units for sale, does not sell the whole development, to citizens or approved purchasers within a period of 2 years from the date of the issue by the relevant authority of a temporary occupation permit or certificate of statutory completion, whichever is the earlier, in respect of such flats, dwelling houses or any of the buildings; or (iii) does not comply with any other terms and conditions which the Controller may impose under this section; ( d ) that the applicant must undertake, in writing, to comply with the conditions imposed by the Controller after the applicant has become the registered owner of that residential property under a transfer registered with the Registrar. (4) Where a housing developer desires to retain one or more flats or dwelling houses in the development after having completed the development, the housing developer may apply for such retention in the manner provided in section 25. (5) Subject to subsections (5A) and (5B), the Controller may extend any period mentioned in subsection (3)( c ) and may, in his or her discretion, dispense with the requirement to provide security mentioned in subsection (3)( c ). [35/2010] (5A) The Controller may, when extending any period mentioned in subsection (3)( c ), require the housing developer to pay an extension charge of such amount as the Controller may determine. [35/2010] (5B) Any extension charge payable under subsection (5A) need not bear any relationship to the cost of considering an application for and of granting an extension of any period mentioned in subsection (3)( c ). [35/2010] (6) Where a housing developer fails to comply with any of the conditions mentioned in subsection (3)( c ) within the period determined by the Controller or any extension thereof, the Controller may forfeit the security provided by the housing developer under that subsection after giving 21 days’ notice in writing to the housing developer of the Controller’s intention to forfeit the security and the grounds thereof. (7) Where a housing developer fails to comply with any condition mentioned in subsection (3)( a ) or ( b ), the Controller may, by written notice, require the housing developer to pay, within a specified period, a financial penalty of such amount (as the Controller thinks fit) not exceeding 50% of the purchase price of the residential property paid by the housing developer in its purchase or acquisition of the residential property, or of the market value of the shares, as the case may be. [35/2010] (8) The quantum of the financial penalty mentioned in subsection (7) must take into account any security provided by the housing developer under subsection (3)( c ) and which has been forfeited under subsection (6). (9) Where a housing developer is a company, limited liability partnership or society and the Controller is of the opinion that the failure of the housing developer to comply with any condition mentioned in subsection (3)( a ) or ( b ) was committed with the consent or connivance of, or was attributable to any neglect on the part of any person who is a director of the company, a partner of the limited liability partnership or a member of the governing body or board of trustees of the society (as the case may be), the Controller must, together with the notice under subsection (7) to the housing developer, inform the person concerned of the Controller’s opinion, and that person is then jointly and severally liable with the company, limited liability partnership or society to pay the financial penalty imposed under subsection (7). [35/2010] (10) Any financial penalty payable by any housing developer or any person under subsection (7) or (9) is recoverable by the Controller as a debt due to the Controller from that housing developer or person. (11) [ Deleted by Act 35 of 2010 ] (12) [ Deleted by Act 35 of 2010 ] (13) Upon approval being granted by the Controller to the housing developer to purchase or acquire any estate or interest in a residential property, the Controller must inform the Registrar. (14) The Registrar may, before registering any instrument of transfer in respect of any residential property made in favour of a housing developer, require a statutory declaration from that housing developer to be endorsed on the instrument of transfer in such form as the Registrar may require. (15) The Registrar may refuse to accept or to register the instrument of transfer mentioned in subsection (14) unless the statutory declaration made by that housing developer has been endorsed on the instrument of transfer. (16) The Registrar must, after registering the instrument of transfer mentioned in subsection (14), enter a notice on the relevant volume and folio of the land register in the Land Titles Registry of the Authority or in the books or other records maintained at the Registry of Deeds of the Authority (as the case may be) warning persons dealing with the registered proprietor therein named that the registered proprietor is prohibited from selling, assigning, transferring, subleasing or otherwise disposing of the land comprised therein in its vacant or undeveloped state. (17) The Registrar must cancel the notice mentioned in subsection (16) upon receipt of satisfactory evidence from the registered proprietor that the temporary occupation permit or the certificate of statutory completion for the whole of the development has been issued by the relevant authority, and no claim may be made by any person against the Registrar for any loss or damage suffered if the notice mentioned in subsection (16) is not entered on the land‑register in the Land Titles Registry of the Authority or in the books or other records maintained at the Registry of Deeds of the Authority (as the case may be) or is cancelled pursuant to this subsection. (18) In this section, “housing developer” means any person, being — ( a ) an individual who is not a citizen; ( b ) a foreign company, a converted foreign company, a foreign limited liability partnership, a converted foreign limited liability partnership, a foreign society or a converted society; ( c ) a Singapore company which has not complied with section 10(1); ( d ) a Singapore limited liability partnership which has not complied with section 11(1); or ( e ) a Singapore society which has not complied with section 16(1), who or which constructs or intends to construct flats or dwelling houses for sale, whether or not such person, company, limited liability partnership or society is licensed or required to be licensed as a housing developer under the Housing Developers (Control and Licensing) Act 1965. (19) For the purpose of determining under subsection (7) the financial penalty for contravening a condition, “market value”, in relation to shares in a company, means the market value of the shares at the date of the contravention of the condition. [35/2010]


document_id: rpa-1976
provision_ref: s31A
chapter: PART 4 - MISCELLANEOUS
section: 31A
title: Appeals to Minister
content:
31A. —(1) Any — ( a ) approved purchaser who is aggrieved by any notice of the Controller under section 25B(1) requiring the approved purchaser to pay a financial penalty; ( b ) applicant under section 26 who is aggrieved — (i) by any decision of the Controller not to extend the period mentioned in section 26(3A)( a ) or ( b )(ii); or (ii) by any notice of the Controller under section 26(3E)( a ) or ( b ) forfeiting security or requiring the applicant to pay a financial penalty; ( c ) person mentioned in section 26(3G) who is aggrieved by the opinion of the Controller in any notice under section 26(3G); ( d ) applicant under section 28 who is aggrieved — (i) by any decision of the Controller not to extend the period mentioned in section 28(2)( a ) or ( b )(ii); or (ii) by any notice of the Controller under section 28(6)( a ) or ( b ) forfeiting security or requiring the applicant to pay a financial penalty; ( e ) person mentioned in section 28(8) who is aggrieved by the opinion of the Controller in any notice under section 28(8); ( f ) applicant under section 28A who is aggrieved — (i) by any decision of the Controller not to extend the period mentioned in section 28A(3)( a ) or ( b )(ii); or (ii) by any notice of the Controller under section 28A(7)( a ) or ( b ) forfeiting security or requiring the applicant to pay a financial penalty; ( g ) person mentioned in section 28A(9) who is aggrieved by the opinion of the Controller in any notice under section 28A(9); ( h ) housing developer under section 31 who is aggrieved — (i) by any decision of the Controller not to extend the period mentioned in section 31(3)( c )(i) or (ii); or (ii) by any notice of the Controller under section 31(6) or (7) forfeiting security or requiring the housing developer to pay a financial penalty; or ( i ) person mentioned in section 31(9) who is aggrieved by the opinion of the Controller in any notice under section 31(9), may, within 3 months from the date of the notice or the date of being notified of the decision, as the case may be, (or such longer period as the Minister may allow in exceptional circumstances, whether before or after the end of the 3 months), appeal to the Minister in the manner prescribed. [35/2010] (2) The Minister may determine an appeal under subsection (1) by confirming, varying or reversing the Controller’s decision or opinion in the notice or notification (which may include ordering the refund of any security forfeited or any financial penalty paid); and the decision of the Minister on any such appeal is final and shall not be called in question in any court. [35/2010]


document_id: rpa-1976
provision_ref: s32
chapter: PART 4 - MISCELLANEOUS
section: 32
title: Exemption
content:
32. —(1) The Minister may, if he or she considers it to be in the economic interest of Singapore or for any other cause which appears to him or her necessary or expedient or if in his or her opinion the circumstances so warrant, from time to time, by regulations or by notification in the Gazette or otherwise, exempt permanently or for such period or periods as he or she may think fit and subject to such conditions as he or she may consider necessary, from all or any of the provisions of this Act — ( a ) any person, company, limited liability partnership, society, association or other organisation or body, or any class, type or category of any of the same; and ( b ) any land or dwelling house or any part of any land or dwelling house or any class, type or category of dwelling houses. (2) Where the Minister revokes any regulation or notification made under this section (whether made before, on or after 31 March 2006), he or she may give directions in writing to any person affected by the revocation, being an owner of residential property that is not non‑restricted residential property, to transfer all the person’s estate or interest in all or any of such residential property to any citizen or approved purchaser within such period as the Minister may specify. (2A) Where the person directed under subsection (2) does not satisfy the Minister that the person has complied with the direction within the time specified in the direction or any extension thereof allowed by the Minister, the Minister may issue to the Controller a notice to attach and sell the estate or interest in the residential property. (2B) The notice to attach and sell mentioned in subsection (2A) must specify the residential property to be attached and sold by the Controller, and a copy of that notice must also be served on — ( a ) the foreign person who is the owner of the estate or interest in the residential property to be attached and sold; and ( b ) each subsisting mortgagee or chargee (if any) who appears as such in the relevant records in the Land Titles Registry or the Registry of Deeds of the Authority, as the case may be. (2C) Where the Minister grants (before, on or after 17 January 2011) an exemption under this section in respect of any person or property referred to in subsection (1)( a ) or ( b ) subject to any condition, any person who fails to comply with any such condition on or after that date shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. [35/2010] (3) In subsection (1)( b ), “dwelling house” includes a flat, whether or not such dwelling house is completed or proposed to be erected.


document_id: rpa-1976
provision_ref: s33
chapter: PART 4 - MISCELLANEOUS
section: 33
title: Savings
content:
33. Nothing in this Act — ( a ) affects any transfer of, or any written agreement to transfer, any estate or interest in — (i) any residential property made and stamped in accordance with the provisions of the Stamp Duties Act 1929 at any time before 11 September 1973; or (ii) any HUDC flat made and stamped in accordance with the provisions of the Stamp Duties Act 1929 before 31 May 1982, if the transfer or the agreement to transfer is not made in contravention of any covenant or condition contained in the instrument of lease issued by the Housing and Urban Development Company (Private) Limited in respect of the HUDC flat; ( b ) prohibits the mortgage, charge or reconveyance of any estate or interest in any residential property to a foreign person; ( c ) affects any transfer of any estate or interest in any residential property to a foreign person appointed to be an additional or new trustee of a trust existing on 11 September 1973; ( ca ) affects any transfer of any estate or interest in any residential property to a foreign company (which is also a trust company licensed under the Trust Companies Act 2005) to hold on trust for a citizen or an approved purchaser; ( cb ) affects any transfer of any estate or interest in any residential property to the Official Assignee; ( d ) prevents a foreign person from occupying residential property as a tenant thereof or from entering into any agreement, whether in writing or otherwise, with the landlord thereof for the occupation of residential property, or from acquiring any estate or interest under any agreement, lease or deed of assignment: Provided that in every such case no term in any such agreement, lease or deed of assignment may exceed a period of 7 years at any one time, inclusive of any further term which may be granted by way of an option for renewal; ( e ) prohibits the purchase or acquisition by a foreign person of any estate or interest in any residential property by way of tender or otherwise from the Urban Redevelopment Authority constituted under the Urban Redevelopment Authority Act 1989 or from any other person or body that is duly appointed as an agent of the Government in the sale of any estate or interest in any residential property; ( f ) prohibits the purchase or acquisition by any foreign person of an estate or interest in any residential property directly from — (i) the Housing and Development Board under Part 4 of the Housing and Development Act 1959 before or after 1 October 1982; or (ii) an approved developer under Part 4B of the Housing and Development Act 1959; ( g ) prevents the transfer to any foreign person of an estate or interest in any residential property sold under Part 4 or 4B of the Housing and Development Act 1959 in any case where — (i) the prior written consent of the Housing and Development Board has been obtained; and (ii) no instrument has been registered in respect of that residential property under section 126 of the Land Titles (Strata) Act 1967; or ( h ) applies to any direct purchase or acquisition on or after 11 September 1973 by any foreign person from the Government of any estate or interest in any residential property other than by a regrant of State title on or after that date to a foreign company upon the surrender of any estate or interest in residential property existing before that date. [34/2017; 4/2021]


document_id: rpa-1976
provision_ref: s34
chapter: PART 4 - MISCELLANEOUS
section: 34
title: Direction of Minister to be conclusive evidence
content:
34. —(1) If any dispute should arise or should a ruling be required as to whether — ( a ) any property is a residential property within the meaning of this Act; ( b ) any flat is a landed dwelling house as defined in section 4(10); or ( c ) 2 or more structures in an approved development constitute one building or 2 or more separate buildings for the purposes of this Act, a direction issued by the Minister to the effect — ( d ) that such property is or is not a residential property; ( e ) that such a flat is or is not a landed dwelling house as defined in section 4(10); or ( f ) that the structures in an approved development constitute one building or 2 or more buildings, as the case may be, is conclusive evidence for all purposes. (2) A direction of the Minister under this section is final and shall not be called in question in any court. 35. [ Repealed by Act 35 of 2010 ]


document_id: rpa-1976
provision_ref: s36
chapter: PART 4 - MISCELLANEOUS
section: 36
title: General penalty
content:
36. —(1) Any person who contravenes any of the provisions of this Act for which no penalty is expressly provided shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both. [35/2010] (2) Despite any of the provisions of this Act, no person who has, at any time before 1 October 1976, contravened any of the provisions of this Act, shall be punished by way of a fine or imprisonment in respect thereof. (3) If the person committing an offence under this Act is a company, a limited liability partnership, a society, an association or other organisation or body, every individual who at the time the offence was committed was a director, partner, general manager, manager, president, secretary or other officer of the company, limited liability partnership, society, association, organisation, or body concerned in the management of the company, limited liability partnership, society, association, organisation or body or who was purporting to act in any such capacity, as well as the company, limited liability partnership, society, association, organisation or body (as the case may be), shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (4) It is a defence for the individual referred to in subsection (3) if he or she proves that the offence was committed without his or her consent or connivance and that he or she exercised such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions and to all other circumstances.


document_id: rpa-1976
provision_ref: s36A
chapter: PART 4 - MISCELLANEOUS
section: 36A
title: Composition of offences
content:
36A. —(1) The Controller or any person authorised by the Controller in writing may compound any offence under this Act or any rules or regulations made under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $10,000. [35/2010] (2) The Minister may make regulations to prescribe the offences that may be compounded. (3) On payment of the sum, no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the funds of the Authority.


document_id: rpa-1976
provision_ref: s36B
chapter: PART 4 - MISCELLANEOUS
section: 36B
title: Jurisdiction of court
content:
36B. 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: rpa-1976
provision_ref: s37
chapter: PART 4 - MISCELLANEOUS
section: 37
title: Consent of Public Prosecutor
content:
37. No prosecution in respect of any offence under this Act may be instituted except by or with the consent of the Public Prosecutor.


document_id: rpa-1976
provision_ref: s38
chapter: PART 4 - MISCELLANEOUS
section: 38
title: Service of notices, etc.
content:
38. —(1) Any notice or direction or a copy thereof required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act may be served on the person — ( a ) by delivering it to the person or to some adult member or employee of his or her family or household at his or her last known place of residence or the residential property described in such notice, direction or summons; ( b ) by leaving it in an envelope addressed to the person at the person’s usual or last known place of residence or business or the residential property described in such notice, direction or summons; ( c ) by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business or the residential property described in such notice, direction or summons; or ( d ) in the case of a body corporate or an unincorporated body — (i) by leaving it in an envelope addressed to the body corporate or unincorporated body at its registered office, principal place of business, last known place of business in Singapore or the residential property described in such notice, direction or summons; or (ii) by sending it by registered post addressed to the body corporate or unincorporated body at its registered office, principal place of business, last known place of business in Singapore or the residential property described in such notice, direction or summons. (2) Any notice or direction or a copy thereof or any summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person 2 days after the day the notice or direction or a copy thereof or the summons was posted, notwithstanding that it is returned undelivered. (3) In proving the service of any notice or direction or a copy thereof or any summons effected under this section by registered post, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.


document_id: rpa-1976
provision_ref: s39
chapter: PART 4 - MISCELLANEOUS
section: 39
title: Regulations
content:
39. —(1) The Minister may make regulations for the purposes of carrying out any of the provisions of this Act. (2) Such regulations may contain such provisions as the Minister may consider necessary or expedient for the purpose of preventing the frustration or evasion of the provisions of this Act. (3) All such regulations must be published in the Gazette and must be presented to Parliament as soon as possible after publication.


document_id: rpa-1976
provision_ref: s40
chapter: PART 4 - MISCELLANEOUS
section: 40
title: Rules
content:
40. —(1) The Authority, with the approval of the Minister, may make rules, not inconsistent with this Act, prescribing all matters which are required, necessary, or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular and without limiting the foregoing power, the Authority, with the approval of the Minister, may make rules — ( a ) prescribing the forms to be used under this Act; ( b ) prescribing the fees to be paid for any procedure, function, matter or thing carried out or done under this Act, and for the remission of such fees; and ( c ) generally pertaining to the procedure or practice to be followed in any matter arising under this Act. (2) All such rules must be published in the Gazette and must be presented to Parliament as soon as possible after publication.


document_id: rpa-1976
provision_ref: s40A
chapter: PART 4 - MISCELLANEOUS
section: 40A
title: Fees to be paid to Authority
content:
40A. All fees and charges collected under or in connection with any service provided by the Controller under this Act or any rules or regulations made under this Act must be paid into the funds of the Authority.


document_id: rpa-1976
provision_ref: s41
chapter: PART 4 - MISCELLANEOUS
section: 41
title: Validation of acts done and directions given by Government, etc.
content:
41. —(1) No legal proceedings whatsoever shall lie or be instituted or maintained in any court of law for or on account of or in respect of any act, decision or thing done or taken by the Government, or any Minister, officer or committee thereof, and arising from, relating to or connected with residential property, during the period from 11 September 1973 to 1 October 1976 if done or taken in good faith in the execution of duty. (2) No legal proceedings in respect of any such act, decision or thing, arising from, relating to or connected with residential property, which is alleged to have been done or taken in bad faith in the execution of duty during the period from 11 September 1973 to 1 October 1976 may be instituted or maintained in any court of law unless a certificate of the Attorney‑General is first obtained sanctioning the institution of such legal proceedings. (3) All directions whether of a procedural nature or otherwise, arising from, relating to or connected with residential property, made during the period from 11 September 1973 to 1 October 1976 by or in the name of the Government or any Minister, officer or committee thereof, are deemed to be, and always to have been, validly made, notwithstanding that such directions have been revoked or amended or are or have been inconsistent with, or in conflict with, or contrary to any written law or law previously in force. (4) Except as provided in section 5(2), any approval granted or refusal to grant approval for the purchase of residential property by the Government, or any Minister, officer or committee thereof, during the period from 11 September 1973 to 1 October 1976 is deemed to have been made under this Act.


document_id: rpa-2002
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Governors of the Polytechnic; “Constitution” means the Constitution of the Polytechnic set out in the Schedule; “Deputy Principal” means a Deputy Principal of the Polytechnic appointed under section 9; “Polytechnic” means the Republic Polytechnic established under section 3; “Principal” means the Principal of the Polytechnic, and includes any individual acting in that capacity; “Senate” means the Senate of the Polytechnic. [5/2018]


document_id: rpa-2002
provision_ref: s3
section: 3
title: Establishment and incorporation of Republic Polytechnic
content:
3. A Polytechnic called the Republic Polytechnic is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering all other acts or things that bodies corporate may lawfully do or suffer.


document_id: rpa-2002
provision_ref: s5
section: 5
title: Objects and powers of Polytechnic
content:
5. —(1) The objects of the Polytechnic are — ( a ) to provide instruction and training in engineering, technology, applied sciences and other subjects of learning; ( b ) to aid by research and other means the advancement of knowledge and its practical application; and ( c ) to promote the exchange of knowledge and skills with business and industry. (2) The Polytechnic may — ( a ) provide any facilities for its students that it considers desirable; ( b ) institute and make appointments to academic and other posts and offices and employ any other staff that the Polytechnic considers necessary; ( c ) fix, demand and receive fees and other charges, including charges for the late payment of any such fee or charge; [Act 4 of 2008 wef 01/04/2024] ( d ) provide technical and consultancy services to business and industry as it considers desirable; ( e ) form or participate in the formation of companies or other undertakings having such objects as the Board may approve; ( f ) solicit and receive donations and contributions from any source or raise funds by all lawful means; ( g ) give donations and contributions to any person or organisation; and ( h ) do all things that may be necessary, incidental or conducive to the attainment of all or any of its objects. (3) In subsection (2)( e ), “company” — ( a ) has the meaning given by section 4(1) of the Companies Act 1967; and ( b ) includes a foreign company within the meaning of that Act. [S 461/2020]


document_id: rpa-2002
provision_ref: s7
section: 7
title: Schools of Polytechnic
content:
7. —(1) There are to be such Schools as may be constituted by the Board on the recommendation of the Senate. (2) There is to be a head of each School with such powers as may be conferred by the Board. (3) The Board may, on the recommendation of the Senate, form, dissolve or reform any School and any department, centre, unit and other subdivisions of any School as it may consider desirable.


document_id: rpa-2002
provision_ref: s9
section: 9
title: Officers
content:
9. —(1) The Principal, every Deputy Principal and other officers of the Polytechnic must be appointed by the Board in accordance with the Constitution. (2) The academic staff of the Polytechnic are the heads of the Schools and any other persons designated as members of the academic staff by the Constitution and they are to be appointed by the Board on the recommendation of the Principal. (3) The powers and duties of the officers and members of the academic staff, the periods and conditions for and upon which they hold office and their emoluments are as prescribed by this Act, the Constitution and the terms of their respective appointments. (4) In addition to the powers and duties that are assigned under subsection (3), the Board may assign to any officer, and in the case of any member of the academic staff on the recommendation of the Principal, such further powers and duties as the Board thinks fit. 9A. [ Repealed by Act 5 of 2018 ]


document_id: rpa-2002
provision_ref: s12
section: 12
title: Power to confer diplomas, etc.
content:
12. The Polytechnic has power — ( a ) to award diplomas, certificates and any other academic distinctions specified in regulations made under the Constitution; and ( b ) to provide access to such educational activities and programmes for persons who are not registered students as the Polytechnic may determine, and to award diplomas, certificates and other academic distinctions to those persons.


document_id: rpa-2002
provision_ref: s13
section: 13
title: Grants
content:
13. —(1) The Minister must pay to the Polytechnic such moneys as may be provided by Parliament as grants to the Polytechnic. (2) All moneys paid to the Polytechnic under subsection (1) may be applied or expended by the Polytechnic for the attainment of all or any of the objects of the Polytechnic.


document_id: rpa-2002
provision_ref: s14
section: 14
title: Issue of shares, etc.
content:
14. As a consequence of the vesting of any property, rights or liabilities of the Government in the Polytechnic under this Act, or of any capital injection or other investment by the Government in the Polytechnic in accordance with any written law, the Polytechnic must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: rpa-2002
provision_ref: s15
section: 15
title: Power to borrow
content:
15. For the attainment of all or any of its objects under this Act, the Polytechnic may raise loans from the Government or, with the approval of the Minister for Finance, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by — ( a ) mortgage, overdraft or otherwise; ( b ) charge, whether legal or equitable, on any property vested in the Polytechnic or on any other revenue receivable by the Polytechnic under this Act or any other written law; or ( c ) the creation and issue of debentures or bonds.


document_id: rpa-2002
provision_ref: s16
section: 16
title: Application of Societies Act 1966 to Students’ Union
content:
16. —(1) Despite anything to the contrary in the Societies Act 1966, the provisions of that Act apply to the Republic Polytechnic Students’ Union and its constituent bodies constituted by regulations made under the Constitution. (2) The Minister charged with the responsibility for societies may, by order in the Gazette , exempt the Republic Polytechnic Students’ Union and any of its constituent bodies from all or any of the provisions of the Societies Act 1966 subject to any conditions specified in the order. [21


document_id: rpa-2007
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Agency” means the National Environment Agency established under the National Environment Agency Act 2002; “authorised officer” means any person appointed as an authorised officer under section 4(2), and includes the Director‑General; “Convention country” means a foreign country that is a Party to the Nuclear Material Convention; “conveyance” includes any vessel, train, vehicle, aircraft or other mode of transport; “country” includes a State or territory, as the case may be; “Director-General” means the Director‑General of Environmental Protection appointed under section 3(1) of the Environmental Protection and Management Act 1999; “disposal”, in relation to waste, includes — ( a ) its removal, deposit or destruction; ( b ) its discharge, whether onto land, into water or air, into a sewer or drain, or otherwise; and ( c ) its burial, whether underground or otherwise, and “dispose of” is to be construed accordingly; “IAEA” means the International Atomic Energy Agency established by the IAEA Statute; “IAEA inspector” means an individual designated as an inspector by the IAEA Board of Governors according to the procedures set out in the Safeguards Agreement to carry out an inspection or a visit in accordance with that Agreement; “IAEA Statute” means the Statute of the International Atomic Energy Agency, being the Statute ratified by Singapore on 5 January 1967, and includes any amendment to, or substitution of, the Statute that is binding on Singapore; “ionising radiations” means electromagnetic radiations and corpuscular radiations which give rise to the formation of ion pairs on interaction with matter; “irradiating apparatus” means — ( a ) any apparatus that is capable of producing ionising radiation; ( b ) any apparatus of a prescribed type that is capable of producing non-ionising radiation; and ( c ) any component of or accessory to an apparatus described in paragraph ( a ) or ( b ); “licence” means a licence granted under section 8; “national inspector” means any person who is a national inspector by virtue of, or appointed under, section 20; “non-ionising radiations” means electromagnetic radiations and fields with wavelengths greater than 100 nanometers and all acoustic radiations and fields with frequencies below 16 Hz and above 16 kHz; “nuclear material” has the meaning given in the First Schedule; “Nuclear Material Convention” means the Convention on the Physical Protection of Nuclear Material adopted in Vienna on 26 October 1979, as amended by the amendments adopted in Vienna on 8 July 2005; “nuclear offence” means — ( a ) an offence under section 29, 31, 32, 33 or 34; ( b ) an offence specified in the Second Schedule committed in relation to any nuclear material; ( c ) an abetment of, or a conspiracy to commit, an offence mentioned in paragraph ( a ) or ( b ); ( d ) an attempt to commit an offence under section 29, 32 or 33, or an offence mentioned in paragraph ( b ) except any offence under section 384, 385, 386, 387, 388 or 389 of the Penal Code 1871 committed in relation to nuclear material; or ( e ) an act by a person which would make the person liable for an offence mentioned in paragraph ( a ), ( b ) or ( d ) by virtue of section 34, 35 or 37 of the Penal Code 1871; “nuclear trafficking offence” means — ( a ) an offence under section 35; ( b ) an abetment of, or an attempt or conspiracy to commit, an offence under section 35; or ( c ) an act by a person which would make the person liable for an offence under section 35 or an attempt to commit such an offence by virtue of section 34, 35 or 37 of the Penal Code 1871; “owner”, in relation to any premises, includes — ( a ) the person for the time being receiving the rent for the premises, whether on the person’s own account or as an agent or a trustee for any other person, or the person who would so receive the rent if the premises were let to a tenant; and ( b ) the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; “premises” includes — ( a ) messuages, houses, buildings and lands, whether open or enclosed, and whether public or private; ( b ) any place underground and any land covered by water; and ( c ) any structure or conveyance; “radiation” means ionising radiation or non-ionising radiation; “radioactive material” means any article containing a radioactive substance giving it a specific or total radioactivity exceeding the prescribed level, and includes any article containing any nuclear material; “radioactive substance” means a radionuclide or mixture of radionuclides, either alone or in chemical combination with other elements; “radioactive waste” means any waste which consists wholly or partly of — ( a ) the substance or article which, if it were not waste, would be radioactive material; or ( b ) a substance or an article which has been contaminated in the course of the production, keeping or use of radioactive material or by contact with, or proximity to other waste falling within paragraph ( a ); “radionuclide” means an isotope of any element which spontaneously emits any ionising radiation; “registered medical practitioner” means any person registered or deemed to be registered as a medical practitioner under the Medical Registration Act 1997; “Safeguards Agreement” means the Agreement between Singapore and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non‑Proliferation of Nuclear Weapons signed on 18 October 1977, and includes — ( a ) that Agreement as amended from time to time; ( b ) the protocol to that Agreement signed on 18 October 1977, as amended from time to time; and ( c ) the protocol additional to that Agreement for the application of safeguards, signed at Vienna on 22 September 2005; “sell” includes — ( a ) supplying or otherwise dealing in or disposing of, whether by way of sale, loan or gift; ( b ) offering or attempting to sell, receiving for sale, exposing for sale, having in possession for sale, sending or delivering for sale, or causing to be sold, offered or exposed for sale; and ( c ) barter, and “sale” and “purchase” have corresponding meanings. [20/2014] (2) Unless the context otherwise requires, any word or expression used and not defined in this Act but defined in the Safeguards Agreement has the same meaning as in the Safeguards Agreement.


document_id: rpa-2007
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application of Act to Government
content:
3. —(1) Except as provided in subsection (2), Parts 3 to 8 and 10 and regulations made for the purposes of these Parts bind and apply to the Government. [20/2014] (2) Nothing in this Act renders the Government liable to prosecution for an offence. [2A [20/2014]


document_id: rpa-2007
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Administration of Act and appointment of authorised officers
content:
4. —(1) The Director‑General is charged with the general administration of this Act and the exercise of the powers conferred and duties imposed upon the Director‑General by this Act. (2) The Director‑General may in writing appoint any public officer, or any officer of the Agency or any other statutory authority, to be an authorised officer for the purposes of this Act. (3) Subject to any general or special directions of the Minister or the Director‑General, the powers conferred and duties imposed on the Director‑General by this Act may be exercised or performed by any authorised officer. [3


document_id: rpa-2007
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Advisory and technical committees
content:
5. —(1) The Agency may appoint such advisory or technical committees as the Agency thinks necessary for the purpose of advising the Agency on any matter arising from the administration of this Act. (2) The composition of such committees and the terms of appointment of the members must be determined by the Agency. [4


document_id: rpa-2007
provision_ref: s6
chapter: PART 3 - CONTROL OF IMPORT, EXPORT, ETC., OF RADIOACTIVE
section: 6
title: Control of import, export, etc., of radioactive materials
content:
6. —(1) A person must not, except under and in accordance with a licence — ( a ) import into, or export out of, Singapore any radioactive material; ( b ) keep, have in the person’s possession or under the person’s control, or use any radioactive material; ( c ) manufacture, sell or otherwise deal in any radioactive material; or ( d ) transport any radioactive material. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [5 [20/2014]


document_id: rpa-2007
provision_ref: s7
chapter: PART 3 - CONTROL OF IMPORT, EXPORT, ETC., OF RADIOACTIVE
section: 7
title: Control of import, export, etc., of irradiating apparatus
content:
7. —(1) A person must not, except under and in accordance with a licence — ( a ) import into, or export out of, Singapore any irradiating apparatus; ( b ) keep, have in the person’s possession or under the person’s control, or use any irradiating apparatus; ( c ) manufacture, or otherwise produce, any irradiating apparatus; or ( d ) sell, deal with or otherwise deal in any irradiating apparatus. (2) Every person who sells any irradiating apparatus must immediately give notice of the sale to the Director‑General, together with the name, address and prescribed particulars of the person to whom it was sold, in such form and manner as may be prescribed. (3) Every person who purchases any irradiating apparatus must immediately give notice of the purchase to the Director‑General, together with the name, address and prescribed particulars of the person from whom it was purchased, in such form and manner as may be prescribed. (4) A person must not dispose of any irradiating apparatus, whether in a working condition or otherwise, without the prior written approval of the Director‑General. (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [20/2014] (6) Any person who contravenes subsection (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [6


document_id: rpa-2007
provision_ref: s8
chapter: PART 4 - LICENCES
section: 8
title: Application for licences, etc.
content:
8. —(1) An application for the grant or renewal of a licence must be made to the Director‑General in such form and manner as the Director‑General may require and must be accompanied by the prescribed fee. (2) An applicant for a licence must provide such information and documents as the Director‑General may in any case require. (3) The Director‑General may — ( a ) grant or renew a licence subject to such conditions, limitations and exceptions as the Director‑General may specify; ( b ) during the currency of a licence, revoke or vary any condition, limitation or exception attached to the licence, or attach new conditions, limitations or exceptions to the licence; ( c ) refuse any application for the grant or renewal of a licence; or ( d ) suspend a licence for such period as he or she may determine, or cancel a licence. (4) A licence, unless earlier cancelled or suspended, remains in force for such period as may be specified in the licence. [7


document_id: rpa-2007
provision_ref: s9
chapter: PART 4 - LICENCES
section: 9
title: Register of licences
content:
9. —(1) The Director‑General must keep or cause to be kept such registers of licences as may be prescribed. (2) The contents of every such register may be evidenced in any proceedings by a certificate under the hand of the Director‑General, and every such certificate is prima facie evidence of the matters stated therein. (3) A certificate under the hand of the Director‑General stating that on a date specified in the certificate any person named in the certificate did or did not appear in any register as the holder of a licence or any specified class of licence is, until the contrary is proved, sufficient evidence of the matters specified in the certificate. [8


document_id: rpa-2007
provision_ref: s10
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCCUPATIONAL
section: 10
title: Duties of licensees to employees
content:
10. —(1) Every licensee must provide and maintain, so far as is practicable, for the licensee’s employees who are exposed or likely to be exposed to radiations a working environment that is safe and without risks to health. (2) Without limiting subsection (1), every licensee must — ( a ) protect or cause to be protected all of the licensee’s employees from exposure to radiations; ( b ) provide such information, instruction, training and supervision to such employees as are necessary to enable the employees to perform their work in a manner that is safe and without risks to health; ( c ) submit such particulars as the Director‑General may require regarding each of the licensee’s employees who is likely to be exposed to any radiation; ( d ) provide each of the licensee’s employees such monitoring equipment or devices as may be prescribed and require all such employees to wear these prescribed personnel monitoring equipment and devices; and ( e ) provide all of the licensee’s employees with prescribed medical examinations by such registered medical practitioners as the Director‑General may approve. (3) The registered medical practitioners performing the medical examinations under subsection (2)( e ) must give notice to the Director‑General, in such form and manner as the Director‑General may require, of all employees of a licensee whose health is affected, or is reasonably suspected to be affected, by radiations. (4) If the Director‑General is satisfied that it is detrimental to the health of any employee of a licensee if the employee continues to be exposed to radiations, the licensee must not permit or require that employee — ( a ) to perform any duty which will or is likely to cause that employee to be further exposed to radiations; or ( b ) to work in any place where that employee will be or is likely to be further exposed to radiations. (5) In this section — ( a ) “employee”, in relation to a licensee, includes — (i) an independent contractor engaged by the licensee; and (ii) any employee of an independent contractor engaged by the licensee; and ( b ) the duties of a licensee extend to any independent contractor engaged by the licensee and to the employees of the independent contractor, in relation to matters over which the licensee — (i) has control; or (ii) would have had control but for any agreement between the licensee and the independent contractor to the contrary. [9


document_id: rpa-2007
provision_ref: s11
chapter: PART 5 - GENERAL PROVISIONS RELATING TO OCCUPATIONAL
section: 11
title: Duties of licensees to third parties
content:
11. Every licensee must ensure so far as is practicable that persons (other than the licensee’s employees) are not exposed to risks to their health or safety arising from the conduct of the undertaking or activities of the licensee. [10


document_id: rpa-2007
provision_ref: s12
chapter: PART 6 - DISPOSAL OF RADIOACTIVE WASTE
section: 12
title: Disposal of radioactive waste
content:
12. —(1) A person must not, except with the prior written approval of the Director‑General and in accordance with such conditions, limitations and exceptions as the Director‑General may specify, dispose of or cause to be disposed of any radioactive waste. (2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [11


document_id: rpa-2007
provision_ref: s13
chapter: PART 6 - DISPOSAL OF RADIOACTIVE WASTE
section: 13
title: Accumulation of radioactive waste
content:
13. —(1) Subject to subsection (2), a person must not, except with the prior written approval of the Director‑General and in accordance with such conditions, limitations and exceptions as the Director‑General may specify, accumulate any radioactive waste on any premises. (2) Where the disposal of any radioactive waste has been approved by the Director‑General under section 12 and, in accordance with that approval, the radioactive waste is required or permitted to be accumulated with a view to its subsequent disposal, no further approval under subsection (1) is required to enable the radioactive waste to be accumulated in accordance with the approval granted under that section. (3) For the purposes of this section, where any radioactive material is produced, kept or used on any premises and any substance arising from the production, keeping or use of that radioactive material is — ( a ) accumulated in any part of the premises appropriated for the purpose; and ( b ) retained there for a period of 3 or more months, that substance is, unless the contrary is proved, presumed — ( c ) to be radioactive waste; and ( d ) to be accumulated on the premises with a view to its subsequent disposal. (4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [12


document_id: rpa-2007
provision_ref: s14
chapter: PART 6 - DISPOSAL OF RADIOACTIVE WASTE
section: 14
title: Director‑General may dispose of radioactive waste
content:
14. —(1) If there is radioactive waste on any premises and the Director‑General is of the opinion that the radioactive waste is unlikely to be lawfully disposed of, the Director‑General has the power — ( a ) to dispose of that radioactive waste in any manner that the Director‑General thinks fit; and ( b ) to recover from the occupier of the premises or, if the premises are unoccupied, from the owner of the premises any expenses reasonably incurred by the Director‑General in disposing of the radioactive waste. (2) Subject to section 46, the decision of the Director‑General is final. (3) For the exercise of the power mentioned in subsection (1)( a ), the Director‑General or any other authorised officer may do anything necessary or expedient for carrying out the disposal of the radioactive waste, including entering the premises and taking the radioactive waste for disposal. [13


document_id: rpa-2007
provision_ref: s15
chapter: PART 6 - DISPOSAL OF RADIOACTIVE WASTE
section: 15
title: Transport of radioactive waste
content:
15. —(1) A person must not, except with the prior written approval of the Director‑General and in accordance with such conditions, limitations and exceptions as the Director‑General may specify, transport any radioactive waste. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [14


document_id: rpa-2007
provision_ref: s16
chapter: PART 7 - INFORMATION AND DOCUMENTS
section: 16
title: Maintenance of records, etc.
content:
16. —(1) Every licensee, and every person who has been granted any approval by the Director‑General under this Act, must — ( a ) keep and maintain such records in such form and manner, and containing such information, as may be prescribed; and ( b ) prepare and give to the Director‑General such periodic reports and such special reports relating to the activity licensed or approved as may be prescribed or as the Director‑General may direct. (2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both. [15


document_id: rpa-2007
provision_ref: s17
chapter: PART 7 - INFORMATION AND DOCUMENTS
section: 17
title: Power to obtain information and documents
content:
17. —(1) The Director‑General may, by written notice to any person whom the Director‑General considers to be capable of giving any information or document that is required to be given by Singapore to the IAEA under the Safeguards Agreement, or to a Convention country or the IAEA or any other international organisation under the Nuclear Material Convention, require the person to give such information or document to the Director‑General in such form and manner, and within such period, as may be specified in the notice. [20/2014] (2) Despite section 58, the duty to comply with a notice given under subsection (1) is not affected by any obligation as to secrecy or other restriction on disclosure, whether imposed by written law or otherwise. (3) Any person who, without reasonable cause, contravenes a notice given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both. [16


document_id: rpa-2007
provision_ref: s18
chapter: PART 7 - INFORMATION AND DOCUMENTS
section: 18
title: Confidentiality
content:
18. —(1) Except as provided in subsection (2), every person exercising any function under this Act must keep confidential any information that is obtained pursuant to this Act concerning the affairs of another person, including but not limited to information with regard to any manufacturing process or trade secret. (2) The information in subsection (1) may be disclosed — ( a ) with the consent of the person to whose affairs it relates; ( b ) in connection with anything done for the purposes of this Act, the Safeguards Agreement or the Nuclear Material Convention; ( c ) in connection with the investigation of a criminal offence or for the purposes of criminal proceedings; ( d ) in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; ( e ) for the purpose of dealing with an emergency involving public safety or ensuring the security of Singapore; or ( f ) if the information is already in the public domain. [20/2014] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [17


document_id: rpa-2007
provision_ref: s19
chapter: PART 8 - INSPECTIONS
section: 19
title: Interpretation of this Part
content:
19. —(1) A reference in this Part to a compliance purpose is a reference to the purpose of — ( a ) determining whether the provisions of this Act have been or are being complied with; ( b ) determining whether the conditions and limitations applicable to a licence have been or are being complied with by the licensee; or ( c ) ensuring the proper functioning at any premises of any device, apparatus or equipment installed in the course of an inspection. (2) A reference in this Part to an inspection power is a reference to a power to — ( a ) search or examine any premises; ( b ) inspect or examine any matter or thing (including examining and calibrating any irradiating apparatus, instrument or measuring and control equipment); ( c ) take samples of any matter or thing for the purpose of examination or testing; ( d ) measure any quantity of nuclear material; ( e ) examine, take extracts from, or make copies of, any document (including any record kept in accordance with the requirements of this Act or the conditions of a licence); ( f ) interview any person on the premises (including making recordings of such interviews); ( g ) operate any equipment (including electronic equipment) located at the premises if the person exercising the power believes, on reasonable grounds, that the equipment can be operated without damaging it; ( h ) operate any photographic or video-recording equipment anywhere in or around the premises; ( i ) operate any radiation detection or measurement device; ( j ) apply any surveillance or containment measures; or ( k ) do anything that is prescribed or that is necessary or expedient for the carrying out of any of the acts mentioned in paragraphs ( a ) to ( j ), including — (i) restricting or prohibiting the access of persons and vehicles to or from the premises; and (ii) applying labels, seals or other identifying and tamper-indicating devices. (3) A power under subsection (2)( a ), ( b ), ( c ), ( d ), ( g ), ( h ), ( i ), ( j ) or ( k ) may only be exercised in a manner that the person authorised to exercise it believes, on reasonable grounds, to be in accordance with safety procedures applicable at the premises. [18


document_id: rpa-2007
provision_ref: s20
chapter: PART 8 - INSPECTIONS
section: 20
title: National inspectors and inspection
content:
20. —(1) All authorised officers are national inspectors for the purposes of this Act. (2) The Director‑General may, in writing, appoint any other person to be a national inspector. (3) A national inspector may — ( a ) with the consent of the person who owns, or who is in control of, any premises; or ( b ) under a warrant issued under section 25 or 26 in respect of any premises, enter the premises and exercise, on or in the premises, any inspection power for a compliance purpose. [19


document_id: rpa-2007
provision_ref: s21
chapter: PART 8 - INSPECTIONS
section: 21
title: IAEA inspectors and inspection
content:
21. An IAEA inspector may — ( a ) with the consent of the person who owns, or who is in control of, any premises; or ( b ) under a warrant issued under section 26 in respect of any premises, enter and inspect the premises pursuant to the Safeguards Agreement and exercise, in connection with the inspection, any function contemplated, and power provided for, in the Safeguards Agreement. [20


document_id: rpa-2007
provision_ref: s22
chapter: PART 8 - INSPECTIONS
section: 22
title: Persons who may accompany IAEA inspectors
content:
22. —(1) In order to facilitate an inspection under section 21, an IAEA inspector may be accompanied by a national inspector. (2) A national inspector may exercise any inspection power for the purpose of facilitating an inspection under section 21. [21


document_id: rpa-2007
provision_ref: s23
chapter: PART 8 - INSPECTIONS
section: 23
title: Written directions
content:
23. —(1) The Director‑General may, by written notice, issue directions to any person for the purpose of facilitating any inspection under this Part. (2) Any person who, without reasonable excuse, contravenes any direction given by the Director‑General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [22


document_id: rpa-2007
provision_ref: s24
chapter: PART 8 - INSPECTIONS
section: 24
title: Identification certificates
content:
24. The Director‑General must issue to every IAEA inspector and national inspector a certificate identifying him or her as such IAEA inspector or national inspector, as the case may be. [23


document_id: rpa-2007
provision_ref: s25
chapter: PART 8 - INSPECTIONS
section: 25
title: Warrant for national inspection
content:
25. —(1) A national inspector may apply for a warrant if the consent of the person who owns, or who is in control of, any premises to enter the premises to exercise any inspection power for a compliance purpose cannot be obtained, or if the person refuses to give such consent. (2) Subject to subsection (3), a Magistrate who is satisfied that there are reasonable grounds for believing that — ( a ) entry to the premises is necessary to exercise any inspection power for a compliance purpose; and ( b ) the consent of the person who owns, or who is in control of, the premises cannot be obtained or such consent is refused, may, unconditionally or subject to conditions, issue a warrant authorising the national inspector to enter the premises for the purpose of exercising any inspection power for a compliance purpose, at such time as may be specified in the warrant and within 14 days of the issue of such warrant or within such longer period as may be specified in the warrant. (3) The national inspector must — ( a ) before applying for a warrant, make reasonable inquiries as to whether any other application for such a warrant has been made in respect of the premises concerned and, if so, the following matters: (i) the offence or offences (if any) alleged in respect of each application; and (ii) the results of each application; and ( b ) disclose on the application for the warrant the results of the inquiries. [24


document_id: rpa-2007
provision_ref: s26
chapter: PART 8 - INSPECTIONS
section: 26
title: Warrant for IAEA inspection
content:
26. —(1) The Director‑General may apply for a warrant on behalf of an IAEA inspector or a national inspector if the consent of the person who owns, or who is in control of, any premises to enter the premises for the purposes mentioned in section 21 cannot be obtained, or if the person refuses to give such consent. (2) Subject to subsection (3), a Magistrate who is satisfied that there are reasonable grounds for believing that — ( a ) entry to the premises is necessary for the purposes mentioned in section 21; and ( b ) the consent of the person who owns, or who is in control of, the premises cannot be obtained or such consent is refused, may, unconditionally or subject to conditions, issue a warrant authorising the IAEA inspector or the national inspector to enter the premises for the purposes mentioned in section 21, at such time as may be specified in the warrant and within 14 days of the issue of such warrant or within such longer period as may be specified in the warrant. (3) The Director‑General must — ( a ) before applying for a warrant, make reasonable inquiries as to whether any other application for such a warrant has been made in respect of the premises concerned and, if so, the following matters: (i) the offence or offences (if any) alleged in respect of each application; and (ii) the results of each application; and ( b ) disclose on the application for the warrant the results of the inquiries. [25


document_id: rpa-2007
provision_ref: s27
chapter: PART 8 - INSPECTIONS
section: 27
title: Obligations of persons carrying out inspections
content:
27. —(1) Every national inspector must — ( a ) carry his or her identification certificate issued by the Director‑General under section 24; and ( b ) produce his or her identification certificate to any person appearing to own, or be in control of, the premises entered — (i) on entering the premises (if such a person is then present); or (ii) at any reasonable time after entering the premises, if asked to do so by the person. (2) Every national inspector must — ( a ) if, at any time between the time of entry of any premises to be inspected and the time the inspection is completed, there is no person appearing to own, or be in control of, the premises, as soon as is practicable after completing the inspection give the owner, occupier or person in control of the premises a written notice stating that the premises have been entered, and specifying the following matters: (i) the time and date of entry; (ii) the circumstances and purpose of entry; and (iii) the name of every person entering; ( b ) where applicable, have a warrant with him or her and produce it if required to do so; and ( c ) where any matter, thing or document is taken, give the owner, occupier or person in control of the premises a written inventory thereof. [26


document_id: rpa-2007
provision_ref: s28
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 28
title: Interpretation and application of this Part
content:
28. —(1) In this Part — “armed conflict” does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; “environment” includes land, air and water, and living organisms supported by any of those media; “military forces of a State” means — ( a ) the armed forces of a State which are organised, trained and equipped under its internal law for the primary purpose of national defence or security; ( b ) civilians who direct or organise the official activities of those armed forces; or ( c ) civilians acting in support of the official activities of those armed forces, if the civilians are under the formal command, control and responsibility of those forces; “nuclear facility” means a facility (including associated buildings and equipment) used for peaceful purposes in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material; “nuclear material” means — ( a ) plutonium except plutonium with an isotopic concentration of plutonium‑238 exceeding 80%; ( b ) uranium‑233; ( c ) uranium containing uranium‑233 or uranium‑235 or both in such an amount that the abundance ratio of the sum of those isotopes to uranium‑238 is greater than the ratio of uranium‑235 to uranium‑238 occurring in nature; ( d ) uranium with an isotopic concentration equal to that occurring in nature; or ( e ) any material containing one or more of the foregoing, that is used for peaceful purposes, but does not include uranium in the form of ore or ore residue. [20/2014] (2) For the purposes of subsection (1) — ( a ) material is not used for peaceful purposes if it is used or retained for military purposes; and ( b ) a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes. [20/2014] (3) If in any proceedings a question arises whether any material or facility was used for peaceful purposes, a certificate issued by the Minister and stating that it was, or was not, so used at a time specified in the certificate, is prima facie evidence of that matter. [20/2014] (4) This Part does not apply to — ( a ) the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law; or ( b ) activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law. [26A [20/2014]


document_id: rpa-2007
provision_ref: s29
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 29
title: Use, etc., of nuclear material
content:
29. Any person who, without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, where the act causes or is likely to cause — ( a ) death or serious injury to any person; or ( b ) substantial damage to property, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment. [26B [20/2014]


document_id: rpa-2007
provision_ref: s30
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 30
title: Enhanced punishment for theft, etc., of nuclear material
content:
30. —(1) If, in a prosecution of a person for an offence under a section of the Penal Code 1871 set out in the first column of the Second Schedule, it is proved that — ( a ) the offence is committed in relation to nuclear material; and ( b ) the person knew that it was nuclear material, then, in lieu of the term of imprisonment prescribed in that section, the person shall be liable to the term of imprisonment set out in the second column of that Schedule against that section. [20/2014] (2) Subsection (1) does not affect any liability of the person to, or the jurisdiction of the court to impose, any other punishment prescribed in that section of the Penal Code 1871. [26C [20/2014]


document_id: rpa-2007
provision_ref: s31
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 31
title: Threat to commit certain offences
content:
31. —(1) Any person who threatens to use nuclear material to cause — ( a ) death or serious injury to any person; or ( b ) substantial damage to property, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years. [20/2014] (2) Any person who threatens to commit, in relation to nuclear material — ( a ) theft within the meaning of section 378 of the Penal Code 1871; or ( b ) robbery within the meaning of section 390 of the Penal Code 1871, in order to compel a person, an international organisation, the Government or the government of a country to do or refrain from doing any act, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years. [26D [20/2014]


document_id: rpa-2007
provision_ref: s32
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 32
title: Use, etc., of nuclear material to cause damage to environment
content:
32. Any person who, without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, where the act causes or is likely to cause substantial damage to the environment, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment. [26DA [20/2014]


document_id: rpa-2007
provision_ref: s33
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 33
title: Acts against nuclear facilities
content:
33. —(1) Any person who — ( a ) commits an act that is directed against a nuclear facility, or that interferes with the operation of a nuclear facility; and ( b ) does so intending that the act will cause, or knowing that the act is likely to cause — (i) death or serious injury to any person; or (ii) substantial damage to property or to the environment, by exposure to radiation or release of radioactive substances, shall be guilty of an offence. [20/2014] (2) Any person who is guilty of an offence under subsection (1) shall, on conviction — ( a ) except in the cases mentioned in paragraphs ( b ) and ( c ), be liable to imprisonment for a term which may extend to life imprisonment; ( b ) if the person had intended to cause serious injury to any person knowing that the injury is likely to cause his or her death, and death is caused, be subject to the same punishment as an act under section 300( b ) of the Penal Code 1871; or ( c ) if the person had intended to cause death to any person and death is caused, be subject to the same punishment as an act under section 300( a ) of the Penal Code 1871. [26DB [20/2014]


document_id: rpa-2007
provision_ref: s34
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 34
title: Threats to commit offence under section 32 or 33
content:
34. Any person who threatens to — ( a ) use nuclear material to cause substantial damage to the environment; or ( b ) commit an offence under section 33, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years. [26DC [20/2014]


document_id: rpa-2007
provision_ref: s35
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 35
title: Export or import of nuclear material: extended jurisdiction
content:
35. —(1) Any person who, outside Singapore — ( a ) unlawfully exports nuclear material from one country to another; or ( b ) unlawfully imports nuclear material into one country from another, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [20/2014] (2) A person guilty of an offence under this section may be proceeded against, charged, tried and punished as if the offence is committed in Singapore. [20/2014] (3) In subsection (1) — ( a ) an export of nuclear material from a country; or ( b ) an import of nuclear material into a country, is unlawful if it is contrary to any prohibition or restriction on the export or import (as the case may be) of nuclear material having effect under or by virtue of the law of that country. [20/2014] (4) A statement in a certificate issued by or on behalf of the government of a country outside Singapore to the effect that a particular export or import of nuclear material is contrary to such a prohibition or restriction having effect under or by virtue of the law of that country, is prima facie evidence that the export or import is unlawful for the purposes of subsection (3). [26DD [20/2014]


document_id: rpa-2007
provision_ref: s36
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 36
title: Information relating to offence
content:
36. —(1) Any person in Singapore who has information which the person knows or believes may be of material assistance — ( a ) in preventing the commission by another person of an offence to which this section applies; or ( b ) in securing the apprehension, prosecution or conviction of another person, in Singapore, for an offence involving the commission, preparation or instigation of an offence to which this section applies, and who fails to disclose the information immediately to a police officer 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 5 years or to both. [20/2014] (2) This section applies to the following offences: ( a ) an offence under section 29, 32 or 33; ( b ) an offence specified in the Second Schedule committed in relation to any nuclear material. [20/2014] (3) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section. [20/2014] (4) A person who makes a disclosure in good faith under this section is not to be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct. [20/2014] (5) To avoid doubt, this section does not affect sections 128, 128A and 129 of the Evidence Act 1893. [26E [20/2014]


document_id: rpa-2007
provision_ref: s37
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 37
title: Extraterritoriality
content:
37. Any person who, outside Singapore, commits an act that, if committed in Singapore, would constitute a nuclear offence is deemed to commit the act in Singapore and may be proceeded against, charged, tried and punished accordingly. [26F [20/2014]


document_id: rpa-2007
provision_ref: s38
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 38
title: Assistance under Mutual Assistance in Criminal Matters Act 2000
content:
38. —(1) For the purposes of providing assistance under Part 3 of the Mutual Assistance in Criminal Matters Act 2000 to a foreign country for a criminal matter involving a relevant offence of that country, the relevant offence is deemed not to be an offence of a political character. [20/2014] (2) In this section — “criminal matter” has the meaning given by section 2(1) of the Mutual Assistance in Criminal Matters Act 2000; “relevant offence”, in relation to a Convention country, means — ( a ) an offence against the law of that country that consists of or includes conduct which, if it had occurred in Singapore, would have constituted a nuclear offence; or ( b ) an offence against the law of that country that consists of or includes conduct which would constitute a nuclear trafficking offence. [26G [20/2014]


document_id: rpa-2007
provision_ref: s39
chapter: PART 8A - OFFENCES RELATING TO NUCLEAR
section: 39
title: Extradition
content:
39. —(1) All nuclear offences are deemed to be extradition offences for the purposes of Parts 3, 4 and 5 of the Extradition Act 1968. [20/2014] [Act 17 of 2022 wef 01/07/2022] (2) For the purposes of the Extradition Act 1968, the expression “extradition offence”, in relation to a Convention country that is a declared Commonwealth territory, is deemed to include relevant offences. [20/2014] [Act 17 of 2022 wef 01/07/2022] (3) Subject to subsection (4), where no extradition treaty is in force between Singapore and a Convention country that is not a declared Commonwealth territory, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act as if there were an extradition treaty between Singapore and that country. [20/2014] [Act 17 of 2022 wef 01/07/2022] (4) Where the Extradition Act 1968 is applied under subsection (3), that Act has effect in relation to that country as if the only extradition offences under that Act were the relevant offences of that country. [20/2014] [Act 17 of 2022 wef 01/07/2022] (5) Subsection (4) does not affect any other notification made under section 4 of the Extradition Act 1968. [20/2014] (6) Where — ( a ) an extradition treaty is in force between Singapore and a Convention country; and ( b ) the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act in relation to that country as if the treaty provided for the matter mentioned in paragraph ( b ). [20/2014] (7) Where a notification mentioned in subsection (6) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968, or in any Order in Council mentioned in section 3 of that Act, in relation to that country must, to the extent that it prevents the relevant offence from being considered an extradition offence in relation to that country, be disregarded in the application of that Act in relation to that country. [20/2014] [Act 17 of 2022 wef 01/07/2022] (8) For the purposes of the Extradition Act 1968 — ( a ) any act, wherever committed, which is a relevant offence of — (i) a Convention country that is a declared Commonwealth territory; or [Act 17 of 2022 wef 01/07/2022] (ii) a Convention country that is not a declared Commonwealth territory in the case of which the Extradition Act 1968 has been applied by a notification in the Gazette made under section 4 of that Act, [Act 17 of 2022 wef 01/07/2022] is deemed to be an offence within the jurisdiction of that country; and ( b ) any such offence is deemed not to be an offence of a political character. [20/2014] (9) In this section — “declared Commonwealth territory” has the meaning given by the Extradition Act 1968; [Act 17 of 2022 wef 01/07/2022] “relevant offence” — ( a ) in relation to a Convention country that is a Party to the amendments adopted in Vienna on 8 July 2005 to the Nuclear Material Convention, means — (i) an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore — (A) constitute a nuclear offence; or (B) be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence; or (ii) an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would — (A) constitute a nuclear trafficking offence; or (B) be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence; or ( b ) in relation to any other Convention country, means an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore — (i) constitute a nuclear offence, other than an offence under section 32, 33 or 34 or any offence mentioned in paragraph ( c ), ( d ) or ( e ) of the definition of “nuclear offence” in section 2(1) as it relates to any of those sections; or (ii) be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence. [26H [20/2014]


document_id: rpa-2007
provision_ref: s40
chapter: PART 9 - ENFORCEMENT
section: 40
title: Power of arrest
content:
40. —(1) An authorised officer may — ( a ) arrest without warrant any person whom he or she has reason to believe to be committing or to have committed an offence under section 6, 7, 12 or 15; and ( b ) search the person arrested and seize anything which he or she reasonably considers to be evidence of the commission of the offence. (2) A woman or girl must not be searched except by a woman. (3) Where the authorised officer makes an arrest without warrant, he or she must, without unnecessary delay, bring the person arrested before a Magistrate. (4) The authorised officer must not detain in custody a person arrested without a warrant for a longer period than is reasonable under the circumstances of the case. (5) The period that a person arrested without a warrant may be detained in custody must not exceed 48 hours, excluding the time for any necessary journey to the Magistrate’s Court. [27


document_id: rpa-2007
provision_ref: s41
chapter: PART 9 - ENFORCEMENT
section: 41
title: Warrant for search and seizure
content:
41. —(1) If a Magistrate is satisfied, on information on oath, that — ( a ) there is reasonable ground for suspecting that an offence under this Act is being, has been or is about to be committed on any premises; or ( b ) evidence of the commission of such an offence is to be found there, the Magistrate may issue a warrant in writing to an authorised officer to enter the premises, if necessary by force, at such time as may be specified in the warrant and within 14 days of the issue of the warrant (or within such longer period as may be specified in the warrant) and to search them. (2) An authorised officer who enters the premises under the authority of the warrant may — ( a ) take with him or her such other person and such equipment as appear to him or her to be necessary; ( b ) inspect any record, register or other document found on the premises which he or she has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Act; ( c ) take copies of, or seize and remove, such document; ( d ) inspect, seize and remove any device, apparatus or equipment found on the premises which he or she has reasonable cause to believe may be required as such evidence; ( e ) inspect, sample, seize and remove any substance, material, or other matter or thing found on the premises which he or she has reasonable cause to believe may be required as such evidence; or ( f ) search or cause to be searched any person found on the premises whom he or she has reasonable cause to believe to be in possession or control of any document, device, apparatus, equipment, substance, material or other matter or thing. (3) A woman or girl must not be searched except by a woman. [28


document_id: rpa-2007
provision_ref: s42
chapter: PART 9 - ENFORCEMENT
section: 42
title: Use of force
content:
42. If force is required to enter and inspect any premises specified in a warrant issued under section 25, 26 or 41 (whether by breaking down a door or otherwise), or in breaking open anything in the premises, the person executing the warrant may use such force as is reasonable in the circumstances. [29


document_id: rpa-2007
provision_ref: s43
chapter: PART 9 - ENFORCEMENT
section: 43
title: Forfeiture
content:
43. —(1) A court may order that anything shown to the court’s satisfaction to be the subject matter of an offence under this Act or to have been used in the commission of such an offence is to be forfeited to the Agency, and either destroyed or otherwise dealt with in such manner as the court may order. (2) The court may, in particular, order that the thing be dealt with as the Director‑General may think fit, and in such a case the Director‑General may direct that it be destroyed or otherwise dealt with. (3) Where — ( a ) the court proposes to order anything to be forfeited under this section; and ( b ) a person claiming to have an interest in it applies to be heard by the court, the court must not order it to be forfeited unless that person has been given an opportunity to show cause why the order should not be made. (4) The court may make an order under this section even though no person has been charged with or convicted of an offence under this Act in relation to the thing to be forfeited. [30


document_id: rpa-2007
provision_ref: s44
chapter: PART 9 - ENFORCEMENT
section: 44
title: False or misleading statements and documents
content:
44. Any person who, for the purpose of obtaining (whether for the person or any other person) the grant of any licence or approval under this Act, or for any other purpose in relation to this Act — ( a ) in any document prepared pursuant to this Act, makes any declaration or statement or omits any matter knowing that, or being reckless as to whether, the declaration, statement or omission makes the document false or misleading in a material particular; or ( b ) otherwise produces or makes use of any document which the person knows is false or misleading in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [31


document_id: rpa-2007
provision_ref: s45
chapter: PART 9 - ENFORCEMENT
section: 45
title: Obstruction, etc., of authorised officer or IAEA inspector
content:
45. —(1) Any person who obstructs, hinders, resists or deceives any authorised officer or IAEA inspector who is exercising any function contemplated, or any power provided for, in this Act 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 12 months or to both. (2) Nothing in subsection (1) applies to a refusal to give consent to entry — ( a ) by a national inspector who is not acting pursuant to a warrant mentioned in section 25 or 26; ( b ) by an IAEA inspector who is not acting pursuant to a warrant mentioned in section 26; or ( c ) by an authorised officer who is not acting pursuant to a warrant mentioned in section 41. [32


document_id: rpa-2007
provision_ref: s46
chapter: PART 10 - MISCELLANEOUS
section: 46
title: Appeals
content:
46. —(1) Any person who is dissatisfied with any decision of the Director‑General under section 8, 14 or 15 may appeal to the Minister in writing within 30 days of the communication to that person of the decision of the Director‑General. (2) Upon receipt of any appeal, the Minister must appoint one or more persons to hear representations made by the appellant and the Director‑General and, if the appointed persons think fit, to inspect the premises or irradiating apparatus and to report to the Minister, who must thereupon determine the appeal as soon as practicable. (3) In the exercise of his or her power to determine an appeal, the Minister may — ( a ) dismiss the appeal; ( b ) require the Director‑General to issue a licence; ( c ) quash any suspension or cancellation of a licence, or substitute a suspension of a licence for cancellation or vice versa; or ( d ) vary or revoke any decision of the Director‑General, or substitute any decision for a decision made by the Director‑General. (4) The decision of the Minister under this section is final. [33


document_id: rpa-2007
provision_ref: s47
chapter: PART 10 - MISCELLANEOUS
section: 47
title: Protection of persons acting under Act
content:
47. No suit or other legal proceedings shall lie personally against any authorised officer, any person acting under the officer’s direction and any other person for anything which is in good faith done or intended to be done in the execution or purported execution of this Act. [34


document_id: rpa-2007
provision_ref: s48
chapter: PART 10 - MISCELLANEOUS
section: 48
title: Public servants
content:
48. All authorised officers are deemed to be public servants for the purposes of the Penal Code 1871. [35


document_id: rpa-2007
provision_ref: s49
chapter: PART 10 - MISCELLANEOUS
section: 49
title: Fees, charges, etc., collected by authorised officer to be paid to Agency
content:
49. All fees, charges and other moneys recovered or collected by the Director‑General or any other authorised officer under this Act (including sums collected for the composition of offences under section 53) must be paid to the Agency. [36


document_id: rpa-2007
provision_ref: s50
chapter: PART 10 - MISCELLANEOUS
section: 50
title: Offences by bodies corporate, etc.
content:
50. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [37


document_id: rpa-2007
provision_ref: s51
chapter: PART 10 - MISCELLANEOUS
section: 51
title: Jurisdiction of courts
content:
51. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. [38


document_id: rpa-2007
provision_ref: s52
chapter: PART 10 - MISCELLANEOUS
section: 52
title: Penalty for offences not otherwise provided for
content:
52. Any person who contravenes any provision of this Act for which no penalty is expressly provided shall be guilty of an offence and shall be liable on conviction — ( a ) in a case where the contravention is of such a nature as to endanger or is likely to endanger human life — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both. [39


document_id: rpa-2007
provision_ref: s53
chapter: PART 10 - MISCELLANEOUS
section: 53
title: Composition of offences
content:
53. —(1) The Director‑General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $15,000. (2) On payment of the sum, no further proceedings are to be taken against that person in respect of the offence. (3) The Agency may, with the approval of the Minister, make regulations to prescribe the offences that may be compounded. [40


document_id: rpa-2007
provision_ref: s54
chapter: PART 10 - MISCELLANEOUS
section: 54
title: Cost of enforcement
content:
54. Where a person has been convicted by a court for an offence under section 6 or 7 or under Part 8A, the court may order that person to pay reasonable costs of any enforcement action taken by an authorised officer in respect of the offence, including any cost of storage of the subject matter of the offence or anything used in the commission of the offence. [40A [20/2014]


document_id: rpa-2007
provision_ref: s55
chapter: PART 10 - MISCELLANEOUS
section: 55
title: Exemption
content:
55. The Agency may, subject to the general or special directions of the Minister, either permanently or for such period as the Agency thinks fit, by regulations exempt any, or any class of, person, premises, material or thing from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed. [41


document_id: rpa-2007
provision_ref: s56
chapter: PART 10 - MISCELLANEOUS
section: 56
title: Amendment of Schedules
content:
56. —(1) The Minister may, by order in the Gazette , amend, add to or vary the First or Second Schedule. [20/2014] (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette . [42


document_id: rpa-2007
provision_ref: s57
chapter: PART 10 - MISCELLANEOUS
section: 57
title: Regulations
content:
57. —(1) The Agency may, with the approval of the Minister, make such regulations as may be necessary or expedient for giving full effect to the provisions of this Act and for the due administration of this Act and, in particular, may make regulations for or with respect to — ( a ) the form and manner of applying for and granting, and the fees for, licences and renewals of licences, and the matters to be taken into consideration in respect of any application for or for the renewal of a licence or in respect of any proposal to suspend or cancel a licence; ( b ) the granting of different classes or types of licences under this Act; ( c ) the form of the registers to be kept under this Act; ( d ) regulating the sale, purchase or manufacture of, or the dealing with, any radioactive substance and irradiating apparatus; ( e ) regulating the transport, storage, use and disposal of any radioactive substance or irradiating apparatus; ( f ) preventing injury by radiations to any person; ( g ) securing the safe disposal of any radioactive waste product resulting from the manufacture, production, treatment, storage or use of any radioactive substance; ( h ) imposing requirements with respect to the construction or structural alteration of buildings used or intended to be used for the manufacture, production, treatment, storage or use of any radioactive substance, or in which any irradiating apparatus is used or intended to be used; ( i ) requiring persons who are exposed or are likely to be exposed to the risk of disease due to radiation from any radioactive substance or irradiating apparatus to submit to screening and decontamination procedures by such persons as the Director‑General may approve, as well as to medical examinations, including blood tests; ( j ) prohibiting the use of any prescribed radioactive substance or any prescribed class or description of irradiating apparatus either generally, or for prescribed purposes or otherwise than for prescribed purposes; ( k ) prescribing the maximum working hours and minimum age of persons engaged in the manufacture, production, treatment, storage, sale or use of any radioactive substance or the use, testing or repair of any irradiating apparatus, prescribing the minimum holidays to be taken by those persons, and providing for the medical examination of those persons; ( l ) prescribing personnel or area monitoring; ( m ) regulating the use of any radioactive substance for therapeutic or diagnostic purposes; ( n ) regulating the dispensing and compounding of any prescription containing any radioactive substance; ( o ) providing for the making of returns by owners of radioactive materials of the quantities and classes of radioactive materials held by them; ( p ) providing for the keeping by purchasers of radioactive substances of records specifying the purposes to which those substances are put, and for the inspection of those records, and for the making of returns of entries in those records; ( q ) providing for the keeping of records of any application of radioactive substances or irradiating apparatus for diagnostic or therapeutic purposes; ( r ) regulating the registration of mobile radioactive and irradiating laboratories; ( s ) prescribing the fees payable for services rendered by the Director‑General; ( t ) prescribing offences in respect of the contravention of any regulation made under this section, and prescribing penalties, not exceeding $50,000 or an imprisonment term not exceeding 6 months or both, that may, on conviction, be imposed in respect of any such offence; and ( u ) any other matter required or permitted to be prescribed, or necessary or expedient to be prescribed, for carrying out or giving effect to the provisions of this Act. [20/2014] (2) Without limiting subsection (1), the Agency may, with the approval of the Minister, make regulations for the purposes of implementing the Safeguards Agreement, or any agreement that is concluded between Singapore and the IAEA pursuant to the Safeguards Agreement, and, in particular, may make regulations for or with respect to — ( a ) imposing on any importer, exporter, agent, forwarding agent, common carrier, consignor or consignee of goods or on any owner, agent, master or person in charge of a conveyance as may be prescribed in the regulations, the duty to provide — (i) to the Director‑General; or (ii) to the owner, agent, master or person in charge of a conveyance, or to a railway stationmaster or to such other person as may be prescribed, such particulars, information or documents as may be prescribed in respect of any nuclear material that is imported or exported; ( b ) requiring the master of any vessel to attend at the office of the Director‑General or Port Master, and to provide such particulars, information and documents as may be prescribed; ( c ) prohibiting the issue of a port clearance to the master of any vessel pending compliance with any provision of the regulations; and ( d ) the registration of any nuclear material that is imported or exported. (3) Without limiting subsection (1), the Agency may, with the approval of the Minister, make regulations for the purposes of implementing the Nuclear Material Convention, including for or with respect to any of the matters mentioned in subsection (1), as well as to prescribe measures for the physical protection of a nuclear facility within the meaning of the Convention, including licensing the operation of such facility. [43 [20/2014]


document_id: rpa-2007
provision_ref: s58
chapter: PART 10 - MISCELLANEOUS
section: 58
title: Saving for other written law
content:
58. Nothing in this Act is to be construed as limiting or in any way affecting the provisions of any other written law. [44


document_id: rpa-2007
provision_ref: s59
chapter: PART 10 - MISCELLANEOUS
section: 59
title: Saving and transitional provisions
content:
59. —(1) Any subsidiary legislation made under the repealed Radiation Protection Act (Cap. 262, 1992 Revised Edition) and in force immediately before 1 July 2007, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked or repealed. (2) Any written law or document referring to the repealed Radiation Protection Act (Cap. 262, 1992 Revised Edition) or any provision of that Act is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act or the corresponding provision in this Act, as the case may be. [45


document_id: rra-1985
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Bringing into operation provisions of Part 3
content:
2. —(1) Part 3 does not come into operation except at the time and for the duration and in the manner mentioned in this section or section 21G of the Infectious Diseases Act 1976. [Act 13 of 2024 wef 09/04/2024] (2) Whenever it appears to the Minister that it is necessary for the securing of public safety or the defence of the country or the maintenance of supplies and services essential to the life of the community or for the conduct of exercises for any of those purposes, the Minister may by order direct that all or any of the provisions of Part 3 shall come into operation and the provisions of that Part specified in the order shall come into operation and remain in operation for such period as may be specified in the order. (3) An order under this section must not be in force for a period exceeding 7 days from the commencement of the order unless it has been made with the approval of the President.


document_id: rra-1985
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Interpretation
content:
3. In this Act, unless the context otherwise requires — “aircraft” means any flying machine whether propelled by mechanical means or not and includes any description of balloon; “armed forces” means any force constituted under the Singapore Armed Forces Act 1972; “civil defence force” means any force constituted under the Civil Defence Act 1986; “Commissioner” means the Commissioner or an Assistant Commissioner of a Compensation Board appointed under section 30(2); “Compensation Board” means a Compensation Board constituted under section 30(1); “competent authority” means any competent authority appointed under section 4; “disaster” means any fire, explosion, earthquake, oil spill, flood, storm or other happening (whether or not attributable to an act by enemy or to any warlike act) that causes or may cause loss of life or injury or destruction of or damage to property or distress to persons in Singapore or in any part of Singapore; “fair wear and tear”, in relation to any property which is requisitioned, means such fair wear and tear as might have been expected to occur but for the fact that the property was so requisitioned; “goods” means chattels other than vessels, ships, vehicles and aircraft; “land” includes land of any tenure whatsoever and buildings or part thereof and any estate or interest in or right over land; “owner”, — ( a ) in relation to any land — means a person other than the mortgagee or chargee not in possession, who is for the time being entitled to dispose of the land whether in possession or in reversion or a person holding or entitled to the rents or profits of the land under a lease or agreement the unexpired term of which exceeds 3 years; ( b ) in relation to any property other than land — means the person entitled to sell the property, it being assumed not to be subject to any mortgage, pledge, lien or other similar obligation; and ( c ) in relation to any undertaking — means any person who, for the time being, has control of all or any property or rights of all or any business which pertains to the undertaking; “proclamation of emergency” means a Proclamation of Emergency issued under Article 150 of the Constitution of the Republic of Singapore; “property” includes movable and immovable property of any kind situate or being in Singapore; “public health emergency” means a public health emergency declared under section 21E(1) of the Infectious Diseases Act 1976 by the appropriate Minister under that Act; [Act 13 of 2024 wef 09/04/2024] “public safety” includes the safety of human life and health in the event of a public health emergency; “requisition”, in relation to any property, means to take possession of the property or to require the property to be placed at the disposal of the requisitioning authority; “ship” includes every description of vessel used in sea navigation whether propelled by oars or otherwise; “Singapore ship or aircraft” means a ship or aircraft registered in Singapore; “vehicle” includes a crane, excavator, tractor or mobile construction plant; “vessel” includes a ship, boat, lighter and craft of every kind; “undertaking” includes any business, whether carried on by way of trade or not, and the activities of any body of persons, whether corporate or unincorporate. [10/2008]


document_id: rra-1985
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Competent authority
content:
4. —(1) The Minister may appoint any person or persons by name or by office to be the competent authority or authorities for the purposes of all or any of the provisions of this Act. [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) Where the holder of a designated office has been appointed to be the competent authority, then, unless express provision is made to the contrary, the appointment is deemed to extend to the person for the time being performing the duties of the office designated.


document_id: rra-1985
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Authorised officers
content:
5. An “authorised officer” means — ( a ) any police officer of or above the rank of sergeant; ( b ) for the purposes of all or any of the provisions of this Act, any public officer whether appointed by name or by office by a competent authority to act on the competent authority’s behalf; ( c ) for the purposes of all or any of the provisions of this Act, any person, or member of a class of persons, performing duties of a public nature, appointed by a competent authority to act on the competent authority’s behalf; ( d ) an officer or soldier of the armed forces; or ( e ) a person who is holding the rank of an officer in the civil defence force.


document_id: rra-1985
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Authorised officers deemed to be public servants
content:
6. All authorised officers are deemed to be public servants within the meaning of the Penal Code 1871.


document_id: rra-1985
provision_ref: s7
chapter: PART 2 - ADMINISTRATION
section: 7
title: Authorised officer to declare office
content:
7. —(1) Every authorised officer when acting against any person under this Act must on demand declare his or her office and produce to the person against whom he or she is acting such identification card as the competent authority may issue to that officer. (2) It shall not be an offence for any person to refuse to comply with any request, demand, order or direction made or given by any authorised officer acting or purporting to act under this Act if the officer refuses to declare his or her office and produce his or her identification card on demand being made by that person.


document_id: rra-1985
provision_ref: s8
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 8
title: Taking possession of land
content:
8. —(1) A competent authority may, if it appears to that authority to be necessary or expedient for the defence of the country, for the securing of public safety or for the maintenance of supplies and services essential to the life of the community, take or authorise in writing the taking of possession of any land and may give such directions as appear to be necessary for taking and maintaining possession of such land and for the eviction of any person who is, enters or remains on such land without the consent of the competent authority. [10/2008] (2) Without limiting subsection (1), any direction given under that subsection may authorise any authorised officer to break open, enter forcibly and remain on any land the taking of possession of which has been authorised by the competent authority and to evict forcibly from that land any persons that the competent authority may specify or any persons other than such persons as the competent authority may specify. (3) Whether or not any specified direction has been given under subsection (2), an authorised officer may take such steps and use such force as appears to him or her to be reasonably necessary for securing compliance with any direction given under subsection (1). (4) While any land is in the possession of a competent authority by virtue of this section, the land may, despite any restriction imposed on the use thereof (whether by any other written law or other instrument or otherwise), be used by, or under the authority of, the competent authority for the defence of the country, for the securing of public safety or for the maintenance of supplies and services essential to the life of the community, and the competent authority, so far as appears to the competent authority to be necessary or expedient in connection with the taking of possession or use of the land pursuant to this subsection, may — ( a ) do, or authorise persons using the land as aforesaid to do, in relation to the land, anything which any person having an interest in the land would be entitled to do by virtue of that interest; and ( b ) by order provide for prohibiting or restricting the exercise of rights of way over the land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise. [10/2008] (5) The owner or occupier of any land must, if requested by or on behalf of a competent authority to do so, furnish to that competent authority or person as may be specified in the request such information in the owner’s or occupier’s possession relating to the land (being information which may reasonably be demanded of the owner or occupier in connection with the execution of this section) as may be so specified. (6) A competent authority may, to such extent and subject to such restriction as the competent authority thinks proper, delegate all or any of the competent authority’s functions under this section to any specified person or class of persons. (7) A competent authority must not take possession of land pursuant to this section for any period exceeding the period during which this section is in operation.


document_id: rra-1985
provision_ref: s9
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 9
title: Use of land by armed forces and civil defence force
content:
9. —(1) The Minister may by order authorise, subject to any restrictions and conditions imposed by the order, the use of any land specified in the order for naval, military, air force or civil defence purposes (as the case may be) during such period as may be specified in the order; and any such order may, so far as appears to the Minister to be necessary or expedient for the purposes thereof, provide — ( a ) for entitling persons using any land pursuant to the order to do such acts in relation to that land as may be specified in the order; and ( b ) for prohibiting or restricting the exercise of rights of way over that land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise. (2) Any person who contravenes any order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: rra-1985
provision_ref: s10
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 10
title: Power to do work on land
content:
10. —(1) Any member of the armed forces or the civil defence force acting in the course of his or her duty as such may, for any purpose connected with the defence of the country, the securing of the public safety or the maintenance of supplies and services essential to the life of the community, do any work on any land or place anything in or over any land. (2) A person (other than a police officer or a public officer acting in the course of his or her duty as such) must not, except with permission granted by or on behalf of the armed forces or the civil defence force, remove, alter or tamper with any work done, or thing placed in, on or over any land pursuant to subsection (1). [Act 13 of 2024 wef 09/04/2024] (2A) Without affecting subsection (1) or (2), in the case of a public health emergency — ( a ) in addition to a member of the armed forces or the civil defence force acting in the course of his or her duty, a person authorised in writing by a competent authority and acting in the course of his or her duty, may, for the purpose of securing the safety of human life and health, do any work on any land or place anything in or over any land; and ( b ) a person (other than a police officer or a public officer acting in the course of his or her duty) must not, except with permission granted by or on behalf of the armed forces, the civil defence force or the competent authority mentioned in paragraph ( a ), remove, alter or tamper with any work done, or thing placed in, on or over any land pursuant to this subsection. [Act 13 of 2024 wef 09/04/2024] (3) For the purpose of this section, the doing of work is, in relation to any land, deemed to include the demolition, pulling down, destruction or rendering useless of anything placed in, on or over that land, the maintenance of any work or thing in, on or over the land, and the removal from the land of anything so placed, demolished or pulled down pursuant to this section.


document_id: rra-1985
provision_ref: s11
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 11
title: Entry and inspection of land
content:
11. —(1) Any member of the armed forces or the civil defence force, acting in the course of his or her duty as such, or any person authorised by the Minister to act under this subsection on producing, if so required, a duly authenticated document showing his or her authority may — ( a ) enter any land for the purpose of exercising any of the powers conferred in relation to that land by any of the provisions of this Act; ( b ) enter and inspect any land for the purpose of determining whether, and if so, in what manner, any of these powers are to be exercised in relation to the land; and ( c ) for any purpose in the public interest, pass (with or without vehicles) over any land. [Act 13 of 2024 wef 09/04/2024] (2) Without affecting subsection (1), in the case of a public health emergency, any person authorised by the appropriate Minister under the Infectious Diseases Act 1976 to act under this subsection may, on producing (if so required) a duly authenticated document showing his or her authority, exercise the powers under subsection (1)( a ), ( b ) and ( c ). [Act 13 of 2024 wef 09/04/2024]


document_id: rra-1985
provision_ref: s12
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 12
title: Requisitioning of property other than land
content:
12. —(1) Subject to this section, a competent authority may, if it appears to the competent authority to be necessary or expedient to do so in the defence of the country, or for the securing of the public safety or the maintenance of supplies and services essential to the life of the community, or for the conduct of exercises for those purposes, requisition — ( a ) any chattel in Singapore; and ( b ) any Singapore ship or aircraft or anything on board a Singapore ship or aircraft, wherever the ship or aircraft may be, and may give such directions as appear to the competent authority to be necessary or expedient in connection with the requisition. (2) Where any chattel is requisitioned under this section, a competent authority may use or deal with, or authorise the use or dealing with, the chattel for such purposes and in such manner as the competent authority thinks fit and may — ( a ) hold, or sell or otherwise dispose of, the chattel as if the competent authority were the owner thereof and as if the chattel were free from any mortgage, pledge, lien or other similar obligation; and ( b ) in a case where the chattel requisitioned is a vehicle, vessel or aircraft, acquire it by serving on the owner thereof a notice stating that the competent authority has acquired it pursuant to this section. (3) When a notice of acquisition has been served under subsection (2), then, at the beginning of the day on which the notice is served — ( a ) the vehicle, vessel or aircraft vests in the Government free from any mortgage, pledge, lien or other similar obligation; and ( b ) the period of the requisition thereof ends. (4) Without affecting the powers conferred by subsections (1) and (2), the competent authority may by order require the owners of, and the persons having power to dispose of, chattels of any description specified in the order, being chattels situate outside Singapore, to comply with such directions as may be given by or on behalf of the competent authority for the purpose of securing that the ownership of the chattels or the right to dispose of the chattels is transferred to the competent authority. (5) A competent authority may, if it appears to the competent authority to be necessary for the effectual exercise of the competent authority’s powers under subsection (1) to do so, by order — ( a ) direct that any person who, at the time when the order takes effect, has in the person’s possession or under the person’s control, at any premises, any such articles as may be described in the order, must not remove the articles, or cause or permit them to be removed, from the premises until the removal of the articles from the premises is permitted by that competent authority or person as may be specified in the order; ( b ) require the owner or occupier of any premises to send to the competent authority or person as may be specified in the order a written declaration stating or estimating whether or not, on such date as may be specified in the order, any such articles were or will be on the premises, and if so, the number or quantity of those articles which was or will be on the premises on that date, according as the order may direct. (6) In any case in which the chattel requisitioned is a chattel other than a vehicle, vessel or aircraft, the chattel, as soon as possession thereof is taken pursuant to this section, vests in the Government free from any mortgage, pledge, lien or other similar obligation. (7) Where a competent authority has issued a notice of requisition in respect of any chattel, the chattel must be furnished by the owner and the person having the possession, custody or control thereof to the competent authority or to such persons as the competent authority must appoint for the purpose forthwith or (if such is the case) within such period as may be prescribed or mentioned in the requisition. (8) On any refusal or neglect to furnish such chattel in the manner aforesaid, or if the competent authority has reasonable ground for believing that it is not practicable without undue delay to give any direction for the chattel requisitioned to be furnished or delivered to the competent authority, then the competent authority or any authorised officer acting on behalf of the competent authority may take possession (and if need be may enter any premises by force for the purpose) of the chattel requisitioned and may use the chattel in a similar manner as if it had been furnished pursuant to the requisition. (9) Payment for the chattel taken possession of under subsection (8) must nevertheless be made in a similar manner as if the chattel had been duly furnished according to the requisition, provided that the chattel specified in the requisition is not deemed to have been furnished except insofar as possession is taken by or by the direction of the competent authority. [26/89] (10) Where the Accountant-General is satisfied that any vehicle in respect of which a licence to keep has been granted has, in exercise of the powers conferred by this section, been acquired before the expiry of the period of the validity of the licence, the Accountant‑General may authorise the refund to the person who at the date of such acquisition was the owner of the vehicle of a proportionate part of the fee paid for the licence in respect of that part of the period of its validity which remains unexpired at that date, if a claim for the refund is made to the Accountant‑General in writing by that person not later than 3 months after the date when the vehicle was acquired as aforesaid. (11) A competent authority may, to such extent and subject to such restrictions as the competent authority thinks proper, delegate all or any of the competent authority’s functions under subsections (1) and (2) to any persons or class of persons specified by the competent authority. (12) The Commissioner of Police must, on a request to that effect made by or on behalf of the authorised officer to whom an order is issued to requisition chattels, give instructions for securing that, so far as practicable, police officers will be available (if required) for accompanying authorised officers requisitioning chattels pursuant to the order. (13) The authorised officer to whom the requisitioning order is issued, or any member of the armed forces or the civil defence force authorised by the authorised officer in writing, may without warrant stop and search any vehicle, vessel or aircraft with a view to ascertaining whether the vehicle, vessel or aircraft is to be requisitioned. (14) The powers conferred by this section for the purpose of conducting exercises for the purposes mentioned in subsection (1) are exercisable only in relation to vehicles, vessels or aircraft. (15) In this section, “chattel” includes any substance, machine, equipment, vehicle, vessel or aircraft but does not include currency, gold, securities or negotiable instruments.


document_id: rra-1985
provision_ref: s13
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 13
title: Period for which vehicles, etc., are to be requisitioned
content:
13. Where a vehicle, vessel or aircraft is requisitioned pursuant to section 12, the period for which it is requisitioned must not exceed the duration for which that section is in operation.


document_id: rra-1985
provision_ref: s14
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 14
title:
Requisitioned vehicle, vessel or aircraft to be kept in good order pending delivery to competent authority

content:
14. The owner and all persons having charge or custody of a vehicle, vessel or aircraft in respect of which notice of requisition has been given must preserve and keep the vehicle, vessel or aircraft in good order and condition pending delivery to the competent authority.


document_id: rra-1985
provision_ref: s15
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 15
title: Special powers as to ships and aircraft
content:
15. —(1) Subject to this section, a competent authority may require any space or accommodation in any Singapore ship or aircraft to be placed at the disposal of that competent authority, and may give such directions as appear to that competent authority to be necessary or expedient in connection with any such requirement; and if any directions given under this subsection with respect to any ship or aircraft are contravened or not complied with, the master of the ship or the pilot of the aircraft (as the case may be) and the person having the management thereof, shall each 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. (2) Where, in respect of any ship or aircraft, there subsists between a person to whom this section applies and any other person a charter‑party or other contract under which the firstmentioned person is entitled to possession of the ship or aircraft, or has the right to have any articles carried in the ship or aircraft or to use any space or accommodation in the ship or aircraft — ( a ) the competent authority may serve on the firstmentioned person, in any manner appearing to the competent authority to be convenient, a notice stating that on such date as may be specified in the notice the firstmentioned person’s rights and liabilities under the contract will be transferred to the competent authority; and ( b ) in that event the contract, as regards any rights exercisable, or liabilities incurred on or after that date, has effect (subject to subsection (4)) as if the competent authority were a party to the contract instead of the person on whom the notice was served, and as if for any reference in the contract to that person there were substituted a reference to the competent authority. (3) The persons to whom subsection (2) applies are — ( a ) every citizen of Singapore; and ( b ) every corporation incorporated in Singapore. (4) The competent authority may at any time cancel a notice served under subsection (2) in respect of a contract, and thereupon, unless a further notice is served under that subsection in respect of that contract, that subsection ceases to operate in relation to the contract as regards any rights exercisable, or liabilities incurred, on or after the date on which the cancellation takes effect. (5) Notice of any such cancellation must be given as soon as possible by the competent authority in such manner as the competent authority thinks best for informing the person concerned. (6) The competent authority may, to such extent and subject to such restrictions as the competent authority thinks proper, delegate all or any of the competent authority’s functions under subsections (1) to (5) to any specified persons or class of persons.


document_id: rra-1985
provision_ref: s16
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 16
title: Competent authority may require undertakings to carry out work
content:
16. —(1) A competent authority may, if it appears to the competent authority to be necessary or expedient to do so in the interests of public safety, the defence of the country, or for maintaining supplies and services essential to the life of the community, or for carrying out exercises for any of those purposes, direct any person carrying on any undertaking to perform any service or carry out any work for the competent authority or for such persons or class of persons as may be specified by the competent authority for such period as may be specified by the authority. (2) Any direction given under subsection (1) must not require any person to perform any work or service beyond the period during which this section is in operation.


document_id: rra-1985
provision_ref: s17
chapter: PART 3 - REQUISITIONING OF PROPERTY AND SERVICES
section: 17
title: Competent authority may direct persons to carry out work in a disaster, etc.
content:
17. —(1) A competent authority may, if it appears to the competent authority to be necessary for any works or operations to be carried out to deal or cope with a disaster or public health emergency, direct any person to carry out or assist in any such works or operations. [10/2008] (2) Where a vehicle, vessel or aircraft is requisitioned by a competent authority under the provisions of this Act, the competent authority may direct the driver, operator or crew of the vehicle, vessel or aircraft to render such service as the competent authority may require. (3) Any direction given under subsection (1) or (2) must not, unless a proclamation of emergency is in force, require any person to perform any work for a period exceeding 7 days or exceeding the period during which this section is in operation, whichever is shorter. (4) An employer must not dismiss an employee solely or mainly by reason of any duties or service which the employee is required by a competent authority to perform pursuant to this section unless the employee is employed only for an agreed definite period.


document_id: rra-1985
provision_ref: s18
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 18
title: Compensation under this Act
content:
18. —(1) Where under this Act — ( a ) possession of any land has been taken by or on behalf of a competent authority; ( b ) any land has been used or occupied by or on behalf of the armed forces or the civil defence force or an authorised officer; ( c ) any property other than land has been requisitioned or acquired by or on behalf of the armed forces or the civil defence force or a competent authority; ( d ) any work has been done on any land by the armed forces or the civil defence force otherwise than by way of measures taken to avoid the spreading of damage caused by disasters or emergencies; or ( e ) any service or work has been performed for or on behalf of a competent authority by any person, then, subject to the provisions of this Act, compensation assessed in accordance with this Act must be paid out of moneys provided by Parliament in respect of the possession, use or occupation of land, the requisition or acquisition of the property, or the requisition of the service, or the rendering of any service or the performance of any work by any person, as the case may be. (2) For the purposes of this section, a requirement that any space or accommodation in a ship or an aircraft be placed at the disposal of a competent authority is deemed to be a requisition of property.


document_id: rra-1985
provision_ref: s19
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 19
title: Compensation in respect of taking possession of land, etc.
content:
19. —(1) The compensation payable under this Act in respect of the possession, use or occupation of any land is the aggregate of the following sums: ( a ) a sum equal to the rent which might reasonably be expected to be payable by a tenant in occupation of the land, during the period for which possession of the land is retained or during the period the land is used or occupied in the exercise of the powers conferred by this Act, under a lease granted immediately before the beginning of that period, whereby the landlord undertook to pay all property tax and to bear the cost of the repairs and insurance and the other expenses (if any) necessary to maintain the land in a state to command that rent; ( b ) a sum equal to the cost of making good any damage to the land which may have occurred during the period for which possession thereof is so retained or during the period the land is used or occupied (except insofar as the damage has been made good during that period by a person acting on behalf of the Government), no account being taken of fair wear and tear or damage caused by disaster or war operations; ( c ) a sum equal to the amount of any expenses reasonably incurred, otherwise than on behalf of the Government, for the purpose of compliance with any directions given on behalf of the Government in connection with the taking possession of or the use or occupation of the land: Provided that — ( d ) in computing for the purposes of paragraph ( a ) the rent which might reasonably be expected to be payable in respect of any land, and in computing for the purposes of paragraph ( c ) any amount which might reasonably have been expected to be payable in addition to rent by an incoming tenant, no account is to be taken of any appreciation of values due to the exercise of the powers under this Act; and ( e ) there must not, by virtue of paragraph ( b ), be payable in respect of damage to any land a sum greater than the value of the land at the time when possession, use or occupation thereof was taken in the exercise of the powers conferred by this Act, no account being taken of any appreciation in the value thereof due to the events which led to the exercise of those powers. (2) Any compensation under subsection (1)( a ) is considered as accruing due from day to day during the period for which the possession of the land is taken or the land is used or occupied in the exercise of the powers under this Act, and is apportionable in respect of time accordingly, and must be paid to the person who for the time being would be entitled to occupy the land but for the fact that possession thereof is retained or the land is used or occupied in the exercise of such powers; but this subsection does not operate so as to require the making of payments at intervals of less than 3 months. (3) Any compensation under subsection (1)( b ) accrues due at the end of the period for which possession of the land is retained or the land is used or occupied in the exercise of the powers under this Act and must be paid to the person who is then the owner of the land. (4) Any compensation under subsection (1)( c ) accrues due at the time when possession of the land is taken or the land is used or occupied in the exercise of the powers under this Act, and must be paid to the person who, immediately before that time, was the occupier of the land. (5) Any compensation under subsection (1)( c ) accrues due at the time when the expenses in respect of which the compensation is payable are incurred, and must be paid to the person by whom or on whose behalf those expenses were incurred.


document_id: rra-1985
provision_ref: s20
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 20
title: Compensation in respect of doing of work on land
content:
20. —(1) Compensation under this Act in respect of the doing of any work on any land is payable only if the annual value of the land is diminished by reason of the doing of the work. (2) The compensation payable under this Act in respect of the doing of any work on any land is, in the first instance, a sum calculated by reference to the diminution of the annual value of the land ascribable to the doing of the work, and must be paid in instalments, quarterly in arrear, to the person who for the time being is entitled to occupy the land. (3) Any compensation under subsection (2) is considered as accruing due from day to day, and is apportionable in respect of time accordingly. (4) If, at any time after compensation under subsection (2) has become payable by reason of the doing of any work on any land, a person acting on behalf of the competent authority — ( a ) causes the land to be restored, so far as practicable, to the condition in which it would be but for the doing of the work; or ( b ) serves on the person for the time being entitled to occupy the land a written notice of intention to discharge the liability for the compensation by making, not earlier than a date specified in the notice, payment of a lump sum in accordance with this section, the period in respect of which compensation is payable under subsection (2) by reason of the doing of the work ends with the date immediately preceding the date on which the restoration is completed or (as the case may be) the date specified in the notice. (5) Where, by virtue of the operation of subsection (4) in relation to any work done on any land, the period in respect of which compensation under subsection (1) is payable by reason of the doing of the work comes to an end, then if, at the end of that period, the value of any estate or interest which a person then has in the land is less than it would be but for the doing of the work, there must be paid to the person, by way of compensation under this Act, a sum equal to the amount of the said depreciation in the value of the estate or interest; and that compensation is taken to accrue due at the end of the said period. (6) As soon as possible after effecting any restoration or serving any notice pursuant to subsection (4), the person by whom the restoration was effected or the notice was served must cause the fact of the restoration or the contents of the notice (as the case may be) to be published in such manner as the person thinks best adapted for informing persons affected. (7) In determining for the purposes of this section whether the annual value of any land is diminished by reason of the doing of any work on the land, and in assessing any compensation under this section in respect of the doing of any work on any land, it is assumed that the land cannot be restored to the condition in which it would be but for the doing of the work. (8) For the purposes of this section, no account is to be taken of any diminution or depreciation in value ascribable only to loss of pleasure or amenity. (9) In this section — “annual value”, in relation to any land, means the rent at which the land might reasonably be expected to let from year to year, if the landlord undertook to bear the costs of the repairs and insurance and the other expenses (if any) necessary to maintain the land in a state to command that rent; and “diminution of the annual value”, in relation to the doing of any work on any land, means the amount by which the annual value of the land is less than it would be if the work had not been done.


document_id: rra-1985
provision_ref: s21
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 21
title: Compensation in respect of requisition or acquisition of vehicles, vessels and aircraft
content:
21. —(1) Subject to this section, the compensation payable under this Act in respect of the requisition of any vehicle, vessel or aircraft is the aggregate of the following sums: ( a ) a sum equal to the amount which might reasonably be expected to be payable by a person for the use of the vehicle, vessel or aircraft during the period of the requisition, under a charter or contract of hiring whereby the person undertook to bear the cost of insuring, maintaining and running the vehicle, vessel or aircraft; ( b ) a sum equal to the cost of making good any damage to the vehicle, vessel or aircraft not resulting in a total loss thereof, which may have occurred during the period of the requisition, no account being taken of fair wear and tear; ( c ) in a case where, during the period of the requisition, a total loss of the vehicle, vessel or aircraft occurs, a sum equal to the value of the vehicle, vessel or aircraft immediately before the occurrence of the damage which caused the loss. (2) In computing for the purposes of subsection (1)( a ), the amount which might reasonably be expected to be payable for the use of any vehicle, vessel or aircraft, no account is to be taken of any appreciation in the value thereof due to any disaster or war, whether actual or imminent. (3) No compensation is by virtue of this section payable in respect of any loss of, or damage to, any vehicle, vessel or aircraft arising in consequence of any disaster or war operations, unless it is shown that, at the time when the loss or damage occurred, the risk of the vehicle, vessel or aircraft being lost or damaged in consequence of the disaster or war operations was materially increased by reason of the requisition thereof in the exercise of any power under this Act. (4) Any compensation under subsection (1)( a ) is considered as accruing due from day to day during the period for which the vehicle, vessel or aircraft is requisitioned in the exercise of any power under this Act, and be apportionable in respect of time accordingly, and must be paid to the person who, at the time when the compensation accrues due, is the owner of the vehicle, vessel or aircraft. (5) Where, on the day on which any compensation accrues due by virtue of subsection (1)( a ), a person other than the owner of the vehicle, vessel or aircraft is, by virtue of a subsisting charter or contract of hiring, the person who would be entitled to possession of, or to use, the vehicle, vessel or aircraft but for the requisition, the person to whom the compensation is paid is deemed to receive it as a trustee for the firstmentioned person. (6) Any compensation under subsection (1)( b ) or ( c ) accrues due at the end of the period of the requisition, and must, subject to the provisions of this Act, be paid to the person who is then the owner of the vehicle, vessel or aircraft. (7) In this section, “total loss” has the same meaning as it has for the purposes of the law relating to insurance, and accordingly is to be construed as including constructive total loss; and upon the payment to any person of any compensation which has become payable by virtue of subsection (1)( c ) in respect of any loss, the Government has the same right to take over an interest in whatever remains of the vehicle, vessel or aircraft, and the same rights and remedies in and in respect of the vehicle, vessel, or aircraft, as it would have if the payment had been made by the Government as the insurer under a contract insuring that person against the loss. (8) The compensation payable under this Act in respect of the acquisition of any vehicle, vessel or aircraft is a sum equal to the value of the vehicle, vessel or aircraft immediately before the acquisition, no account being taken of any appreciation due to any disaster or war, whether actual or imminent, and must, subject to the provisions of this Act, be paid to the person who is then the owner of the vehicle, vessel or aircraft. (9) For the purpose of assessing any compensation under subsection (8) in respect of the acquisition of any vehicle, vessel or aircraft, no account is to be taken of any compensation under subsection (1)( a ) or ( b ) which may have become payable in respect of the requisition of that vehicle, vessel or aircraft. (10) Where, at any time during the period for which a vehicle, vessel or aircraft is requisitioned by or on behalf of the competent authority in the exercise of any power under this Act, a written notice stating that the vehicle, vessel or aircraft is to be treated as acquired by or on behalf of the competent authority is served on the owner thereof by the competent authority, then, for the purposes of this section, the vehicle, vessel or aircraft is deemed to have been acquired by or on behalf of the competent authority in the exercise of any power under this Act immediately before the day on which the written notice was served and the period of requisition is deemed to have ended at the time when the acquisition of the vehicle, vessel or aircraft that is deemed by virtue of this subsection to have been effected.


document_id: rra-1985
provision_ref: s22
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 22
title: Compensation in respect of taking space or accommodation in ships and aircraft
content:
22. —(1) The compensation payable under this Act in respect of any requirement that any space or accommodation in a ship or an aircraft be placed at the disposal of the competent authority is the aggregate of the following sums: ( a ) a sum equal to the amount which might reasonably be expected to be payable for the use of that space or accommodation during the period for which it is at the disposal of the competent authority by virtue of that requirement, no account being taken of any appreciation of values due to any disaster or war, whether actual or imminent; ( b ) a sum equal to the amount of any expenses reasonably incurred for the purpose of compliance with any directions given by the competent authority in connection with the requirement. (2) Any compensation under subsection (1)( a ) is considered as accruing due from day to day during the period for which the space or accommodation remains at the disposal of the competent authority and be apportionable in respect of time accordingly, and must be paid to the person who, at the time when the compensation accrues due, is the owner of the ship or aircraft. (3) Where, on the day on which any compensation accrues due by virtue of subsection (1)( a ), a person other than the owner of the ship or aircraft is, by virtue of a subsisting charter or contract of hiring, entitled to possession of, or to use, the ship or aircraft, or is, by virtue of a subsisting contract, the person who would be entitled to use the space or accommodation but for the requirement in respect of which the compensation is payable, the person to whom the compensation is paid is deemed to receive it as a trustee for the firstmentioned person. (4) Any compensation under subsection (1)( b ) accrues due at the time when the expenses in respect of which the compensation is payable are incurred, and must be paid to the person by whom or on whose behalf those expenses were incurred.


document_id: rra-1985
provision_ref: s23
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 23
title:
Compensation in respect of requisition or acquisition of goods other than vessels, vehicles and aircraft

content:
23. —(1) Subject to this section, the compensation payable under this Act in respect of the requisition or acquisition of any goods is a sum equal to the price which the person who, immediately before the requisition or acquisition, was the owner of the goods might reasonably have been expected to obtain upon a sale of the goods then effected by the owner, regard being had to the condition of the goods at the time and no account being taken of any appreciation in the value of the goods due to any disaster or war, whether actual or imminent. (2) Any compensation under subsection (1) must not — ( a ) in a case where the owner of the goods, immediately before the requisition or acquisition, was a person who had produced the goods with a view to the sale thereof, exceed the aggregate of — (i) the cost reasonably incurred by that person in producing the goods; and (ii) the profit which that person might reasonably have been expected to make on a sale of the goods effected by that person immediately before the requisition or acquisition; or ( b ) in a case where the owner of the goods, immediately before the requisition or acquisition, was some person other than the producer of the goods, and the goods had been bought by that person with a view to the sale thereof, exceed the aggregate of — (i) the price which it was reasonable for that person to pay for the goods when they were so bought by that person; and (ii) the profit which that person might reasonably have been expected to make on a sale of the goods effected by that person immediately before the requisition or acquisition, and, in assessing such compensation in any other case, no account is to be taken of any profit which might be expected to be made on a sale of the goods. (3) If, at the time when any goods are requisitioned or acquired by or on behalf of the competent authority in the exercise of any power under this Act, the price or maximum price at which the goods may be sold is fixed by law, subsection (2) is not to be taken to authorise the assessment, by way of compensation under subsection (1) in respect of the requisition or acquisition, a sum exceeding that price or maximum price, as the case may be. (4) In subsection (2), the reference to a person who had produced the goods with a view to the sale thereof, and the reference to the producer of the goods, is to be construed as including a reference to the person’s personal representative or any person carrying on business in succession to the person by virtue of any assignment or transmission by operation of law. (5) The compensation payable under this Act in respect of the requisition or acquisition of any goods includes a sum equal to the amount of any expenses reasonably incurred for the purpose of compliance with any directions given by or on behalf of the competent authority in connection with the requisition or acquisition. (6) Any compensation under subsection (1) accrues due at the time of the requisition or acquisition of the goods, and must, subject to the provisions of this Act, be paid to the person who is then the owner of the goods. (7) Any compensation under subsection (5) accrues due at the time when the expenses in respect of which the compensation is payable are incurred and must be paid to the person by whom or on whose behalf those expenses were incurred.


document_id: rra-1985
provision_ref: s24
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 24
title: Provisions as to property subject to hire-purchase agreements
content:
24. In a case where any property in respect of the requisition or acquisition of which compensation is required by the provisions of this Act to be paid to the person who is the owner of the property immediately before the requisition or acquisition, is then in the possession of some other person by virtue of a hire‑purchase agreement — ( a ) that person may, by a notice given in the prescribed form and manner to the competent authority, within the period limited by this Act in relation to the making of any claim by the owner for payment of the compensation, make a claim to have apportioned to it such part of the compensation as may be specified in that person’s claim; and ( b ) in default of agreement between the parties, the last mentioned claim must, despite any written law, be referred to a Compensation Board by the owner, and thereupon the Board may apportion the compensation between the owner and the other person in such manner as appears to it to be just.


document_id: rra-1985
provision_ref: s25
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 25
title: Provisions as to property subject to mortgages, pledges, etc.
content:
25. Where any sum by way of compensation is paid in accordance with any provisions of this Act requiring compensation to be paid to the owner of any property, then, if at the time when the compensation accrues due, the property is subject to any mortgage, pledge, lien or other similar obligation, the sum so paid is deemed to be comprised in that mortgage, pledge, lien or other obligation.


document_id: rra-1985
provision_ref: s26
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 26
title: Compensation to other persons interested in property requisitioned
content:
26. Where any person (called in this section a person interested) other than the person by whom any property is required to be requisitioned or acquired has any interest in the property — ( a ) the person by whom the property is required to be requisitioned or acquired must notify any person known to that person to be a person interested that the property has been requisitioned or acquired, as the case may be; and ( b ) any person interested is entitled to recover from the person by whom the property has been requisitioned or acquired such part (if any) of the compensation received by that person for the property as may be just.


document_id: rra-1985
provision_ref: s27
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 27
title: Compensation in respect of requisition of services
content:
27. —(1) The compensation payable under this Act in respect of the requisition of any services must be in accordance with this section. (2) Where the person from whom any service has been requisitioned — ( a ) is employed under a contract of service — he or she must be paid the rate of remuneration payable to him or her under that contract on the day immediately preceding the date of the requisition of the person’s service; ( b ) is a self-employed person — he or she must be paid such remuneration as would have been derived from the employment had the person’s service not been requisitioned; [Act 30 of 2024 wef 01/01/2025] ( ba ) is a platform worker — he or she must be paid such remuneration as would have been derived from his or her provision of a platform service for a platform operator had the person’s service not been requisitioned; [Act 30 of 2024 wef 01/01/2025] ( c ) is unemployed on the day the person’s service was requisitioned — he or she must be paid such reasonable remuneration as may be fixed by the competent authority; or ( d ) is an undertaking — that undertaking must be paid such reasonable remuneration as may be fixed by the competent authority. (3) In computing the remuneration under subsection (2)( a ), the competent authority may disregard any allowances, ex gratia payments or other benefits claimed by the person whose service has been requisitioned unless the competent authority is satisfied that such allowances, ex gratia payments and other benefits had been paid to or enjoyed by the person for a period of 6 months immediately before the date of the requisition of the person’s service. (4) No compensation is payable to any person under subsection (2)( a ), ( b ) or ( ba ), where the contract of service of the person would have been terminated by reason of any emergency or war operations, or where the self‑employed person or platform worker would not have derived or be expected to derive any income by reason of any disaster or war operations; and in any such event, the person must be paid a remuneration in accordance with subsection (2)( c ). [Act 30 of 2024 wef 01/01/2025] (5) In computing the remuneration under subsection (2)( d ), the competent authority must have regard to the following: ( a ) the expenses incurred by the undertaking in providing the service; ( b ) the profits that might reasonably be expected to be made by an undertaking in providing the service, and no account is to be taken in respect of paragraph ( a ) of any appreciation in the value of the services or products due to a disaster or war operations. (6) In this section — “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; “platform service” has the meaning given by section 3 of the Platform Workers Act 2024; “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024; “service” includes any work carried out or performed for the competent authority. [Act 30 of 2024 wef 01/01/2025]


document_id: rra-1985
provision_ref: s28
chapter: PART 4 - RIGHTS TO AND ASSESSMENT OF COMPENSATION
section: 28
title: Receipt of and notification of damage to property requisitioned or acquired
content:
28. —(1) As soon as may be practicable after the requisition or acquisition of any property or service, there must be given or sent to the person by whom it was requisitioned or acquired, by such person and in such form and manner as may be specified by instructions of the competent authority, a receipt for the property or service specifying what compensation, at what rate or of what amount, is offered in respect of the requisition or acquisition thereof. (2) As soon as may be practicable after the end of the period of requisition of any property, there must be given or sent to the person by whom the property was requisitioned, by such person and in such form and manner as aforesaid, a notice stating whether any, and if so what, damage to the property has occurred during the period of requisition (other than damage which has been made good by the competent authority) or that the total loss of the property has occurred, and specifying what compensation is offered in respect of the damage or loss under this Act. (3) A person to whom a receipt or notice under this section has been given or sent (called in this Act the claimant) is deemed to have accepted the offer contained therein unless, within 4 weeks from the time at which the claimant received the receipt or notice, the claimant gives notice to the competent authority that the claimant claims some specified greater amount or rate. (4) Where a notice under subsection (2) has been given or sent stating that no damage has occurred to any property during the period of requisition, the claimant is deemed to have agreed that no damage has so occurred unless, within 4 weeks from the time at which the claimant received the notice, the claimant gives notice to the competent authority claiming that damage has so occurred and stating what compensation the claimant claims under this Act in respect of the damage. (5) On the receipt of a claim under subsection (3) or (4), the competent authority may notify the claimant that the competent authority does not propose to make any further offer or that the authority makes a specified further offer. (6) The instructions of the competent authority referred to in this section must secure that any receipt or notice under this section, or any notification under section 29(2), contains a statement of the effect of subsections (3) and (4) or (as the case may be) of section 29(2). (7) Before making any compensation under this Act, the competent authority may require reasonable particulars of the damage to any property requisitioned and of the circumstances in which it occurred and may require a reasonable opportunity to be afforded to a person authorised by the competent authority to inspect the property. (8) Nothing in this Part operates so as to require the making of any payment of compensation before the end of the period of requisition of any property or services.


document_id: rra-1985
provision_ref: s29
chapter: PART 5 - COMPENSATION BOARDS TO DETERMINE DISPUTES
section: 29
title: Disputes on compensation to be referred to Compensation Board for determination
content:
29. —(1) Any dispute as to whether any compensation is payable under this Act and as to the amount of any compensation payable under this Act must be referred to a Compensation Board for determination in accordance with the provisions of this Act. (2) An application to a Compensation Board for the determination of any dispute under subsection (1) must not be made before the expiry of 4 weeks from the making of the claim under section 28(3) or (4) unless a notification has been given to the applicant under section 28(5); and where such notification contains a further offer by the competent authority, the person to whom it is given is deemed to have accepted the offer unless the person makes such an application within 8 weeks from receipt of the notification.


document_id: rra-1985
provision_ref: s30
chapter: PART 5 - COMPENSATION BOARDS TO DETERMINE DISPUTES
section: 30
title: Compensation Board
content:
30. —(1) For the purpose of determining disputes as to any entitlement to, or the quantum of, compensation payable under this Act for the requisition or acquisition of any property or services or for work or services performed or carried on the direction or order of the competent authority, there must be constituted one or more Compensation Boards consisting of a Commissioner or an Assistant Commissioner of a Compensation Board and 2 other members selected by the Commissioner or Assistant Commissioner from the panel of members constituted in accordance with this section. (2) The Commissioner and an Assistant Commissioner of a Compensation Board must be appointed by the Minister but a person is not eligible for appointment unless he or she possesses the qualifications required for a District Judge under section 9(3) of the State Courts Act 1970 or is a District Judge appointed under section 9(1) of that Act. [5/2014] (3) The Minister may appoint such number of Assistant Commissioners as he or she thinks fit. (4) The Commissioner or an Assistant Commissioner holds office for a period of 2 years from the date of his or her appointment and is eligible for re‑appointment. (5) For the purpose of enabling a Compensation Board to be constituted, there must be a panel of members which is appointed by the Minister. (6) The panel consists of such number of persons as the Minister may think fit and the name of every person appointed to the panel must be published in the Gazette . (7) A person is not eligible to be appointed or to remain a Commissioner, an Assistant Commissioner or a member of the panel if he or she — ( a ) is an undischarged bankrupt; ( b ) has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or ( c ) has a mental disorder and is incapable of managing himself or herself or his or her affairs. [21/2008] (8) A person appointed to the panel is, except where his or her appointment is revoked by the Minister under subsection (10), a member of the panel, unless he or she resigns during the period of the appointment, for a period of 2 years, but is eligible for re‑appointment. (9) Where a person ceases to be a member of the panel, the Minister must, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel does not invalidate the acts of a Compensation Board. (10) The Minister may at any time revoke the appointment of a member of the panel. (11) There must be paid to the members of the Compensation Board such salaries, fees and allowances as the Minister may determine.


document_id: rra-1985
provision_ref: s31
chapter: PART 5 - COMPENSATION BOARDS TO DETERMINE DISPUTES
section: 31
title:
Member of Compensation Board and proceedings deemed to be public servant and judicial proceedings respectively

content:
31. —(1) Every member of a Compensation Board, when and so long as he or she is serving on the Compensation Board, is deemed to be a public servant within the meaning of the Penal Code 1871 and enjoys the same judicial immunity as is enjoyed by a District Judge. (2) All proceedings before the Compensation Board under this Act are deemed to be judicial proceedings within the meaning of the Penal Code 1871.


document_id: rra-1985
provision_ref: s32
chapter: PART 5 - COMPENSATION BOARDS TO DETERMINE DISPUTES
section: 32
title: Incidental powers of Compensation Board
content:
32. A Compensation Board has the following powers: ( a ) to order persons to attend and give evidence and to produce and give discovery and inspection of documents, in like manner as in proceedings in the General Division of the High Court; ( b ) to examine any witness on oath; ( c ) to award and assess, or direct the assessment of such sums by way of costs as the Compensation Board in its discretion thinks just, and in addition award costs to an unsuccessful claimant where such an award appears to the Board to be justified on the merits of the case; ( d ) to call in the aid of one or more assessors specially qualified, and hear any claim wholly or partly with their assistance; ( e ) to appoint an expert or experts to report on any matter material to the hearing of any claim; ( f ) to determine, subject to the approval of the Minister, the remuneration (if any) of such assessors and experts. [40/2019]


document_id: rra-1985
provision_ref: s33
chapter: PART 5 - COMPENSATION BOARDS TO DETERMINE DISPUTES
section: 33
title: Proceedings before Compensation Board
content:
33. —(1) Proceedings before a Compensation Board must be conducted in accordance with such directions as the Board may issue from time to time. (2) Where a Compensation Board is divided in opinion on a question, the question must be decided according to the decision of the majority of the Compensation Board, and if there is no such majority decision, according to the decision of the Commissioner. (3) A decision of a Compensation Board must be signed by the Commissioner and must be delivered by the Commissioner or by a member of the Board on the Commissioner’s direction.


document_id: rra-1985
provision_ref: s34
chapter: PART 5 - COMPENSATION BOARDS TO DETERMINE DISPUTES
section: 34
title: Decision of Compensation Board to be final
content:
34. —(1) Except as provided in this section, a decision of a Compensation Board is final and binding on the parties. (2) An appeal lies to the General Division of the High Court on any question of law arising out of a decision of a Compensation Board and on the determination of such an appeal the General Division of the High Court may, by order — ( a ) confirm, vary or set aside the decision of the Compensation Board; or ( b ) direct the Compensation Board to reconsider its decision on the basis of the opinion of the General Division of the High Court on the question of law which was the subject of the appeal, and where a direction is given pursuant to paragraph ( b ), the Compensation Board must, unless the General Division of the High Court otherwise directs, make its order within 3 months of the date of the order. [40/2019]


document_id: rra-1985
provision_ref: s35
chapter: PART 5 - COMPENSATION BOARDS TO DETERMINE DISPUTES
section: 35
title: Power of Compensation Board to state special case for decision of General Division of High Court
content:
35. —(1) A Compensation Board may, at any stage of any proceedings before it, reserve for the consideration of the General Division of the High Court any question of law arising in the proceedings in the form of a special case which must — ( a ) be drawn up by the Commissioner and must set out briefly the facts on which the law is to be applied and the question or questions of law to be determined; ( b ) be sent by the Commissioner to the Registrar of the Supreme Court; and ( c ) be set down for argument in such manner as the General Division of the High Court directs. [40/2019] (2) The General Division of the High Court is to hear and determine the question or questions of law arising on the special case and must then remit the matter to the Commissioner with the opinion of the General Division of the High Court thereon and that opinion is binding on the Compensation Board. [40/2019] (3) The costs of the proceedings in the General Division of the High Court are to be in the discretion of the General Division of the High Court and may be dealt with by the order of the General Division of the High Court, except that no member of the Compensation Board shall be personally liable to any costs in respect of the proceedings. [40/2019] (4) Nothing in this section is to be construed to prevent a Compensation Board from determining any question of law arising in any proceedings before it.


document_id: rra-1985
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 36
title: Compensation payable apart from this Act
content:
36. The provisions of this Act are without prejudice to any agreement for the making of any payment (whether by way of compensation or otherwise) in respect of the doing of anything on behalf of a competent authority in the exercise of the powers conferred upon the competent authority by this Act; but where compensation in respect of the doing of anything aforesaid would, apart from this section, be payable both under this Act and some other written law, then subject to such agreement, the compensation will be payable in accordance with this Act and not otherwise.


document_id: rra-1985
provision_ref: s37
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 37
title: Establishment of manpower register
content:
37. —(1) A competent authority must cause to be kept and maintained a register of all persons in Singapore and of citizens of Singapore residing overseas who are required to be registered under this Act and any person who is so required to be registered under this Act must furnish to the competent authority such particulars about himself or herself as is required by this Act. (2) The register must be in such form and must contain such particulars as the Minister may require.


document_id: rra-1985
provision_ref: s38
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 38
title: Competent authority may require undertakings to furnish returns
content:
38. —(1) For the purpose of obtaining information on the availability of manpower and other resources for the defence of the country or for the securing of public safety, a competent authority may issue requisitions to any person carrying on any undertaking to furnish particulars and supply any information in relation to any matter which are required to be furnished to the competent authority by this Act. [10/2008] (2) A requisition must be in writing and must be served upon the person to whom it is addressed in the manner specified in section 41 and must specify the particulars of information required. (3) A requisition may — ( a ) specify the form in which and the time within which the particulars and information are to be furnished; ( b ) require the particulars and information to be furnished periodically at or within such time or times and in such form or forms as are specified in the requisition; and ( c ) specify the place or manner at or in which the particulars and information are to be delivered. (4) No person is bound to furnish any particulars or information other than those which are accessible to the person in or derived by the person from any business, occupation or work in the conduct or supervision of which the person is engaged. (5) Any person who fails to furnish any information to the competent authority pursuant to a request made by the competent authority under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: rra-1985
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 39
title: Modifications to vehicles, vessels or aircraft for defence and public safety purposes
content:
39. —(1) Subject to subsections (2) and (3), a competent authority may direct the owners of vehicles, vessels or aircraft to carry out such modifications or install any equipment to their vehicles, vessels or aircraft which are useful for defence or public safety purposes. [10/2008] (2) The competent authority must pay for the cost of any modifications or any equipment directed to be carried out or installed to a vehicle, vessel or aircraft pursuant to this section. (3) The owner of a vehicle, vessel or aircraft must not be required to make any modification or install any equipment which would render the owner’s vehicle, vessel or aircraft unfit for the purpose for which the vehicle, vessel or aircraft is being used by the owner.


document_id: rra-1985
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 40
title: Record and inspection of vehicles, etc.
content:
40. —(1) The Minister may make regulations to require persons having in their possession vehicles, vessels or aircraft, if required to do so by such competent authority or person as may be specified in the regulations — ( a ) to furnish to such competent authority or person as may be so specified a return containing such particulars as to the vehicles, vessels or aircraft, as may be required by or under the regulations; and ( b ) to provide all reasonable facilities for enabling any such vehicles, vessels or aircraft, in their possession to be inspected and examined, at such times as may be specified by or under those regulations, by such authority or person as may be so specified. (2) Without affecting any penalty under section 45, if any person is obstructed in the exercise of the powers of inspection conferred on the person by regulations made under this section a Magistrate may, if satisfied by information on oath that the person has been obstructed, issue a search warrant authorising an authorised officer named therein, accompanied by that person, to enter the premises in respect of which the obstruction took place and to inspect any vehicles which may be found in the premises.


document_id: rra-1985
provision_ref: s41
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 41
title: Orders, notices and requisitions
content:
41. —(1) Orders, notices, directions and requisitions issued or made under this Act may — ( a ) be of a general nature; ( b ) refer to a class of persons or to any number of persons; ( c ) refer to an individual, a partnership, a body corporate or an unincorporated association; or [Act 10 of 2024 wef 01/05/2024] ( d ) refer to any number of partnerships, bodies corporate or unincorporated associations. [26/89] [Act 10 of 2024 wef 01/05/2024] (2) An order, notice, direction or requisition required to be served or given under this Act may be served on any individual, partnership, body corporate or unincorporated association — Personal delivery and telephone conversation ( a ) by delivering it personally, or reading the contents of the order, notice, direction or requisition over the telephone personally — (i) to the individual to be served if the individual is within Singapore; [Act 10 of 2024 wef 01/05/2024] (ii) to an agent of the individual to be served if that individual has an agent within Singapore; [Act 10 of 2024 wef 01/05/2024] (iii) to any partner, secretary or other similar officer of the partnership to be served; [Act 10 of 2024 wef 01/05/2024] (iv) to any secretary or other similar officer of the body corporate or unincorporated association to be served; [Act 10 of 2024 wef 01/05/2024] (v) to any manager of the limited liability partnership to be served; or [Act 10 of 2024 wef 01/05/2024] (vi) to any individual having, on behalf of the body corporate or unincorporated association to be served, powers of control or management over the business, occupation, work or matter to which the order, notice, direction or requisition relates; [Act 10 of 2024 wef 01/05/2024] Publication in the newspapers and Gazette ( b ) by publishing it in the daily newspapers circulating in Singapore in all the official languages or in the Gazette ; Delivery to residential address, business address, registered office or principal office ( c ) by leaving it — (i) at the residential address or business address of the individual to be served if the individual is within Singapore; (ii) at the business address of the partnership to be served; or (iii) at the registered office or principal office of the body corporate or unincorporated association to be served, with an individual apparently above 16 years of age and apparently residing at that place or, in the case of a business address, registered office or principal office, apparently in charge of or employed at that place; [Act 10 of 2024 wef 01/05/2024] Registered post ( d ) by sending it by registered post addressed to — (i) the individual to be served at the residential address or business address of that individual if the individual is within Singapore; (ii) the partnership to be served at the business address of the partnership; or (iii) the body corporate or unincorporated association to be served at its registered office or principal office; [Act 10 of 2024 wef 01/05/2024] Email ( e ) subject to subsection (2A), by sending it by email to the last email address of the addressee concerned; [Act 10 of 2024 wef 01/05/2024] Other means of service ( f ) subject to subsection (2A), by sending an electronic notice to the addressee concerned by the addressee’s chosen means of notification, stating that the order, notice, direction or requisition is available and how the addressee concerned may use the addressee’s chosen means of access to access the contents of the order, notice, direction or requisition; or [Act 10 of 2024 wef 01/05/2024] ( g ) by any other method authorised by regulations made under this Act for the service of orders, notices, directions or requisitions of that kind if the addressee concerned consents to service of an order, notice, direction or requisition of that kind in that way. [26/89] [Act 10 of 2024 wef 01/05/2024] Service by certain modes only with addressee’s consent (2A) Service of any order, notice, direction or requisition under this Act on an addressee concerned under subsection (2)( e ) and ( f ) may be effected only with the addressee’s prior consent to service in that way. [Act 10 of 2024 wef 01/05/2024] (3) Without limiting subsection (2), a notice of requisition issued pursuant to section 12 or an order or direction issued pursuant to section 16 or 17 may be served on any individual, partnership, body corporate or unincorporated association — Broadcast over radio and television ( a ) by broadcasting it over the radio and television in the prescribed manner; Public address system and siren ( b ) by audible signals given in the prescribed manner over a public address system or through a siren where such signals are audible from — (i) the residential address or business address of the individual to be served; (ii) the business address of the partnership to be served; or (iii) the registered office or principal office of the body corporate or unincorporated association to be served; [Act 10 of 2024 wef 01/05/2024] Telephone conversation with member of family or household ( c ) by reading the contents of the notice of requisition, order or direction over the telephone to a member of the family or household of the individual to be served who is apparently above 16 years of age and apparently residing at the residential address of the individual to be served; [Act 10 of 2024 wef 01/05/2024] Telephone conversation with employee or individual in charge of business address, registered office or principal office ( d ) by reading the contents of the notice of requisition, order or direction over the telephone to an individual who is apparently above 16 years of age and apparently in charge of or employed at — (i) the business address of the partnership to be served; or (ii) the registered office or principal office of the body corporate or unincorporated association to be served; [Act 10 of 2024 wef 01/05/2024] Short message service ( e ) by sending it by short message service to the mobile telephone number of the addressee concerned; or [Act 10 of 2024 wef 01/05/2024] Fax and other means of telecommunication ( f ) by sending it by fax or any other prescribed means of telecommunication — (i) to the individual to be served at the residential address or business address of that individual; (ii) to the partnership to be served at the business address of the partnership; or (iii) to the body corporate or unincorporated association to be served at its registered office or principal office: Provided that there is an acknowledgment by electronic or any other means to the effect that the notice, order or direction has been received at the residential address, business address, registered office or principal office, as the case may be. [26/89] [Act 10 of 2024 wef 01/05/2024] Knowledge of notice of requisition or order (4) Where a notice of requisition issued pursuant to section 12 or an order or direction issued pursuant to section 16 or 17 is served on any individual, partnership, body corporate or unincorporated association pursuant to — ( a ) subsection (2)( b ), it is deemed to have been read by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies by noon on the day following the date of publication; [Act 10 of 2024 wef 01/05/2024] ( b ) subsection (2)( d ), it is deemed to have been received and read by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies on the expiry of 48 hours from the time at which it was delivered to the post office for despatch; [Act 10 of 2024 wef 01/05/2024] ( ba ) subsection (2)( e ), it is — (i) presumed, until the contrary is proved, to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, at the time the email is capable of being retrieved by the addressee concerned; and (ii) deemed to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, on the expiry of 6 hours from the time the email is capable of being retrieved by the addressee concerned; or [Act 10 of 2024 wef 01/05/2024] ( bb ) subsection (2)( f ), it is — (i) presumed, until the contrary is proved, to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, at the time the electronic notice is capable of being retrieved by the addressee concerned by the addressee’s chosen means of notification, and the contents of the notice of requisition, order or direction are capable of being accessed by the addressee concerned by the addressee’s chosen means of access; and (ii) deemed to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed, on the expiry of 6 hours from the time the electronic notice is capable of being retrieved by the addressee concerned by the addressee’s chosen means of notification, and the contents of the notice of requisition, order or direction are capable of being accessed by the addressee concerned by the addressee’s chosen means of access; [Act 10 of 2024 wef 01/05/2024] ( c ) subsection (3)( a ) or ( b ), it is deemed to have been seen or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies on the expiry of 6 hours from the commencement of the first broadcast, transmission or audible signal, as the case may be; [Act 10 of 2024 wef 01/05/2024] ( d ) subsection (2)( c ), (3)( c ) or (3)( d ), it is — (i) presumed, until the contrary is proved, to have been conveyed or read to the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies at the time of delivery or telephone conversation, as the case may be; and [Act 10 of 2024 wef 01/05/2024] (ii) deemed to have been conveyed or read to the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it applies on the expiry of 6 hours from the time of delivery or telephone conversation, as the case may be; [Act 10 of 2024 wef 01/05/2024] ( e ) subsection (3)( e ) or ( f ), it is — (i) presumed, until the contrary is proved, to have been received and read or heard by the individual to whom it applies, all the partners of the partnership, every secretary or other similar officer of the body corporate or unincorporated association and every manager of the limited liability partnership to which it is directed at the time of the first transmission; and [Act 10 of 2024 wef 01/05/2024] (ii) deemed to have been received and read or heard by the individual to whom it applies, all


document_id: rra-1985
provision_ref: s42
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 42
title: Vehicles used for purposes of this Act
content:
42. —(1) When Part 3 is in force, any person who is in possession of a certificate or document issued to him or her by a competent authority authorising the person to drive or requisition a vehicle of a class or description specified in such certificate or document may drive any such vehicle requisitioned under this Act or hired for the purposes of the armed forces or the civil defence force, and that certificate or document is deemed to be a driving licence for the purposes of section 35 of the Road Traffic Act 1961. (2) A person using any vehicle pursuant to a requisitioning order under this Act is deemed, as respects any claim in respect of injury or damage to any other person or property, to be so using the vehicle as an employee of the Government.


document_id: rra-1985
provision_ref: s43
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 43
title: Liability of Government for person ordered to carry out work
content:
43. Any person carrying out any work pursuant to a direction issued by the competent authority under section 17 is deemed, as respects any claim in respect of death or injury sustained by the person, to be an employee of the Government.


document_id: rra-1985
provision_ref: s44
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 44
title: Powers of arrest
content:
44. —(1) Any police officer or any authorised officer may without a warrant arrest any person who has committed an offence under this Act or any regulations made under this Act. (2) Where a person is arrested and not released, he or she must without unreasonable delay and in any case within 24 hours (excluding the time of any necessary journey) be produced before a Magistrate. (3) In any case relating to the commission of an offence under this Act or any regulations made under this Act, an authorised officer has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence.


document_id: rra-1985
provision_ref: s45
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 45
title: Offences
content:
45. Any person who — ( a ) fails to furnish any chattel which the person is directed to furnish pursuant to a requisitioning order, or fails to furnish any such chattel at the time and place at which the person is directed to furnish it; ( b ) refuses or without lawful excuse neglects to furnish any information which under this Act or the regulations made under this Act is to be furnished within the time within which it is to be furnished; ( c ) knowingly furnishes or causes to be furnished any information required to be furnished under this Act or the regulations made under this Act which is false in any material particular; ( d ) refuses to answer, or wilfully gives a false answer to, any question necessary for obtaining any information or particulars required to be furnished under this Act or the regulations made under this Act; ( e ) being a person liable to be registered under this Act, fails to register or fails to register within the prescribed time; ( f ) refuses, or without lawful excuse neglects, to attend at any place or time at which the person’s attendance is required under this Act; ( g ) wilfully obstructs any person in the discharge of the person’s duties under this Act or the regulations made under this Act; or ( h ) contravenes or fails to comply with any provision of this Act, or any order or direction made or given by a competent authority or any requirement imposed under any provision of 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.


document_id: rra-1985
provision_ref: s46
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 46
title: Offences by bodies corporate
content:
46. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a body corporate in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the body corporate engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the body corporate had that state of mind. (2) Where a body corporate commits an offence under this Act, a person — ( a ) who is — (i) an officer of the body corporate; or (ii) an individual involved in the management of the body corporate and in a position to influence the conduct of the body corporate in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the body corporate; or (iii) knew or ought reasonably to have known that the offence by the body corporate (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the body corporate and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the body corporate if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the body corporate would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the body corporate for an offence under this Act, and applies whether or not the body corporate is convicted of the offence. (6) In this section — “body corporate” includes a limited liability partnership; “officer”, in relation to a body corporate, means any director, partner, chief executive, manager, secretary or other similar officer of the body corporate, and includes — ( a ) any person who was purporting to act in any such capacity; and ( b ) for a body corporate whose affairs are managed by its members, any of those members as if the member were a director of the body corporate; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [Act 10 of 2024 wef 01/05/2024]


document_id: rra-1985
provision_ref: s46A
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 46A
title: Offences by unincorporated associations or partnerships
content:
46A. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [Act 10 of 2024 wef 01/05/2024]


document_id: rra-1985
provision_ref: s47
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 47
title: Jurisdiction of District and Magistrate’s Courts
content:
47. Despite any written law, a District Court or Magistrate’s Court has jurisdiction to try any offence under this Act and to impose the maximum penalty provided for by this Act.


document_id: rra-1985
provision_ref: s48
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 48
title: Regulations
content:
48. —(1) The Minister may make regulations for any purpose for which regulations may be made under this Act and for prescribing anything which may be prescribed under this Act and generally for the purpose of carrying this Act into effect. (2) Without limiting the foregoing powers, the Minister may make regulations with respect to any of the following matters or for any of the following purposes: ( a ) for requiring persons to register under this Act and to supply such particulars about themselves as may be prescribed by the regulations and to report to registration centres established for the purposes of this Act; ( b ) for requiring persons carrying on any undertaking to allow authorised officers to enter and inspect their premises for the purpose of verifying the returns given to the competent authority under this Act; ( c ) for any incidental matters for which the Minister thinks it expedient to provide with a view to securing compliance with the requirements of or any directions or orders given or made under this Act. (3) All regulations made under this Act must be published in the Gazette and must be presented to Parliament as soon as possible after publication. (4) If, pursuant to a motion notice of which has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the regulations are so presented, a resolution is passed annulling the regulations or any part thereof as from a specified date, the regulations or such part thereof, as the case may be, then become void as from that date but without affecting the validity of anything previously done thereunder or to the making of new regulations.


document_id: rra-1993
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “agreed date” means a date specified for the purposes of section 7C(2)( a ) in a consent form mentioned in section 7C(7); “approved mediator” and “claim referral certificate” have the meanings given by section 2(1) of the Employment Claims Act 2016; “collective agreement” has the meaning given by the Industrial Relations Act 1960; “Commissioner” means the Commissioner for Labour appointed under section 3(1) of the Employment Act 1968; “contract of service” means any agreement, whether in writing or oral, express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his or her employer as an employee; “eligible employee” means an employee who satisfies the re‑employment eligibility criteria set out in section 7(1); “employee” means a person who has entered into or works under a contract of service with an employer; “employer” means a person who employs another person under a contract of service and includes — ( a ) the Government; ( b ) any statutory authority; ( c ) any duly authorised agent or manager of any employer; and ( d ) any person who owns or is carrying on, or for the time being responsible for the management or control of a profession, business, trade or work in which any employee is engaged; “employment assistance payment” means such sum of money which is payable by an employer to an eligible employee under section 7C(1); “Employment Claims Tribunal” means an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970; “investigating officer” means any person appointed as an investigating officer under section 3; “mediation request” has the meaning given by section 2(1) of the Employment Claims Act 2016; “prescribed minimum retirement age”, in relation to an employee, means the prescribed minimum retirement age specified under section 4(1) that is applicable to the employee; [Act 38 of 2021 wef 01/07/2022] “prescribed re-employment age”, in relation to an employee, means the prescribed re-employment age specified under section 7A(11) that is applicable to the employee; [Act 38 of 2021 wef 01/07/2022] “re-employment” means the employment of an employee by the same employer on or after the date the employee attains the employee’s specified age; [Act 38 of 2021 wef 01/07/2022] “re‑employment contract” means a contract of service entered into between an eligible employee and an employer to re‑employ the eligible employee for the purposes of section 7A(1) or (3)( a )(i); “re‑employment obligations” means an employer’s obligations to re‑employ an eligible employee in accordance with section 7A, failing which, to offer the eligible employee employment assistance payment in accordance with section 7C(1)( a ); “salary” has the meaning given by section 2(1) of the Employment Act 1968; “specified age”, in relation to an employee, means the higher of the following ages applicable to the employee: ( a ) the employee’s prescribed minimum retirement age; ( b ) the retirement age stipulated in the employee’s contract of service; [Act 38 of 2021 wef 01/07/2022] “tripartite guidelines” means the guidelines relating to re‑employment issued by the Minister under section 11B. [21/2016; 5/2017] (2) For the purposes of this Act, an employee is treated as dismissed by his or her employer if — ( a ) the contract under which the employee is employed by the employer is terminated by the employer, whether it is so terminated by notice or without notice; or ( b ) the employer retires the employee, or requires or causes that employee to retire or resign on the ground of age. (3) In this Act, a person is regarded as attaining or having attained N years of age (where N is a positive integer) or other higher age on or after the Nth or other anniversary (as the case may be) of the date of his or her birth.


document_id: rra-1993
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Officers
content:
3. —(1) The Commissioner for Labour is the officer in charge of the general administration of this Act. (2) Any Deputy Commissioner for Labour, Principal Assistant Commissioner for Labour or Assistant Commissioner for Labour appointed under the Employment Act 1968 may, subject to such limitations as may be prescribed, perform all duties imposed and exercise all powers conferred on the Commissioner by this Act, and every duty so performed and power so exercised is deemed to have been duly performed and exercised by the Commissioner for the purpose of this Act. (3) The Minister may appoint such number of investigating officers and other officers as the Minister considers necessary or expedient for the purpose of this Act. [21/2016] (4) The Minister may make rules for the conduct of the duties of officers under this Act.


document_id: rra-1993
provision_ref: s4
chapter: PART 2 - PRESCRIBED MINIMUM RETIREMENT AGE
section: 4
title: Prescribed minimum retirement age
content:
4. —(1) The Minister may, by notification in the Gazette , specify the prescribed minimum retirement age applicable to any class of employees, which must be at least 62 years but not more than 65 years. [Act 38 of 2021 wef 01/07/2022] (2) Despite any other written law, contract of service or collective agreement, an employer must not dismiss an employee on the ground of age before that employee attains the employee’s prescribed minimum retirement age. [Act 38 of 2021 wef 01/07/2022] (3) An employer who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 38 of 2021 wef 01/07/2022] 5. [ Repealed by Act 5 of 2017 ]


document_id: rra-1993
provision_ref: s6
chapter: PART 2 - PRESCRIBED MINIMUM RETIREMENT AGE
section: 6
title: Invalidity of term of contract of service
content:
6. Any term of a contract of service or collective agreement made before, on or after 1 July 1993 which provides for a retirement age which is below the employee’s prescribed minimum retirement age is void to the extent that it is so less favourable. [Act 38 of 2021 wef 01/07/2022]


document_id: rra-1993
provision_ref: s7
chapter: PART 3 - RE-EMPLOYMENT OF ELIGIBLE EMPLOYEES
section: 7
title: Re-employment eligibility criteria
content:
7. —(1) For the purposes of this Act, an employee is eligible for re‑employment in accordance with section 7A if — ( a ) the employee is born on or after 1 July 1952; and ( b ) the employer assesses the employee as — (i) having at least satisfactory work performance; and (ii) being medically fit to continue working. [5/2017] (2) For the purpose of subsection (1)( b )(ii), an employee is presumed to be medically fit to continue working, unless the employer of the employee proves, on a balance of probabilities, that the employee is not medically fit. (3) Where an employer does not intend to re‑employ an employee because the employee does not meet the criteria in subsection (1)( b ), then as far as it is reasonably practicable, the employer must give the employee written notice of that intention within a reasonable period before terminating the employee’s employment. [5/2017]


document_id: rra-1993
provision_ref: s7A
chapter: PART 3 - RE-EMPLOYMENT OF ELIGIBLE EMPLOYEES
section: 7A
title: Employer to re-employ eligible employee
content:
7A. —(1) Subject to section 7C, an employer must, before an employee of the employer (being an eligible employee) attains the specified age, offer re‑employment to that employee and the employer’s obligation to re‑employ that employee begins from the time that employee attains the specified age, until that employee attains the employee’s prescribed re-employment age. [5/2017] [Act 38 of 2021 wef 01/07/2022] (2) Where — ( a ) an employee mentioned in section 7(1)( a ) continues, after attaining the specified age, to work for his or her employer; and ( b ) the employer does not, upon that employee attaining the specified age — (i) re-employ that employee; or (ii) terminate the employment of that employee, then any right, privilege, obligation or liability acquired, accrued or incurred by the employee under the contract of service between the employee and his or her employer before the employee attains the specified age is not affected. [5/2017] (3) Where subsection (2) applies, the employer referred to in that subsection — ( a ) may, at any time after the employee referred to in that subsection has attained the specified age — (i) re-employ the employee; or (ii) terminate the employment of the employee if the employee does not satisfy the eligibility criteria set out in section 7(1)( b ); and ( b ) is deemed to have complied with the requirement under subsection (1) for the period between — (i) the time the employee attains the specified age; and (ii) the time the employer re-employs the employee or terminates the employment of the employee under paragraph ( a ). [5/2017] (4) For the purposes of re-employment under subsection (1) or (3)( a )(i), a re‑employment contract must be entered into by the employee and his or her employer, in which the job scope and the terms and conditions may vary from those in the previous contract of service between them. [5/2017] (5) Any variation referred to in subsection (4) must be based on reasonable factors such as, but not limited to, the employee’s productivity, performance, duties and responsibilities, and the wage system such as the seniority system applicable to the employee. (6) Unless otherwise agreed by the parties to a re‑employment contract, the period of employment stipulated in the contract must not be less than one year at any one time. [5/2017] (7) Despite subsection (6), where the period between — ( a ) the start of re‑employment under a re‑employment contract for an employee; and ( b ) the date on which the employee attains the employee’s prescribed re-employment age, is less than one year, the period of employment under the re‑employment contract may be for that shorter period. [5/2017] [Act 38 of 2021 wef 01/07/2022] (8) [ Deleted by Act 5 of 2017 ] (9) Despite any of the provisions of this Act, an eligible employee may retire or be retired, if he or she does not wish to be employed by his or her employer on or after the date the employee attains the specified age. (10) An eligible employee who intends to retire must, insofar as is reasonably practicable, give written notice to his or her employer, within a reasonable period before the employee retires, stating his or her intention to do so. (11) The Minister may, by notification in the Gazette , specify the prescribed re-employment age applicable to any class of employees, which must be at least 67 years but not more than 70 years. [Act 38 of 2021 wef 01/07/2022]


document_id: rra-1993
provision_ref: s7B
chapter: PART 3 - RE-EMPLOYMENT OF ELIGIBLE EMPLOYEES
section: 7B
title: Period of service under previous contract of service and under re-employment contract
content:
7B. —(1) Unless otherwise agreed by the parties to a contract of service, and subject to subsections (2) and (3), when a re‑employment contract is entered into between an employer and an employee of the employer pursuant to section 7A(4), then for the purposes of determining any right, privilege, obligation or liability to be acquired, accrued or incurred by the employee under the employee’s re‑employment contract, any period for which the employee has served under his or her employer under the previous contract of service before the employee commences his or her service under the re‑employment contract is disregarded. [5/2017] (2) Any period for which an employee has served under his or her employer before the employee commences his or her service under the re‑employment contract entered into pursuant to section 7A(4) is to be reckoned for the purposes of — ( a ) computing the minimum period of 3 months for entitlement to annual leave under section 88A(1) of the Employment Act 1968; and ( b ) determining the period of service of an employee for entitlement to paid sick leave under section 89(1) and (2) of the Employment Act 1968. [5/2017; 55/2018] (3) An employee’s continuity of employment under re‑employment is not broken if his or her employer re‑employs or renews the re‑employment of the employee in accordance with section 7A(4). [5/2017]


document_id: rra-1993
provision_ref: s7C
chapter: PART 3 - RE-EMPLOYMENT OF ELIGIBLE EMPLOYEES
section: 7C
title: Employment assistance payment or alternative employment
content:
7C. —(1) Section 7A does not apply if an employer (called in this section E1) is unable to re‑employ an eligible employee in accordance with section 7A because E1 is unable to find a vacancy in E1’s establishment that is suitable for the eligible employee, despite making reasonable attempts to do so in accordance with the tripartite guidelines, and — ( a ) E1 offers an employment assistance payment to the eligible employee; or ( b ) during the eligible employee’s employment with E1 — (i) another employer (called in this section E2) offers to employ the eligible employee in lieu of E1; and (ii) the eligible employee accepts the offer. [5/2017] (2) Subject to any modifications as may be prescribed, where subsection (1)( b ) applies — ( a ) E1’s re‑employment obligations to the eligible employee are discharged immediately before the agreed date; ( b ) any reference to an employer in section 7A or 7B(3), or to E1 in subsection (1), includes a reference to E2 from that agreed date; and ( c ) E1’s re‑employment obligations towards the eligible employee survive any unlawful dismissal by E1 of the eligible employee before the agreed date, but to the extent provided in paragraphs ( a ) and ( b ). [5/2017] (3) Despite subsection (1)( a ), an employer is not required to offer any employment assistance payment to an eligible employee who informs his or her employer of the employee’s decision not to continue to be employed by that employer on or after the date the employee attains the specified age. [5/2017] (4) Subject to subsection (5), the employment assistance payment is — ( a ) a single lump sum payment paid by an employer by the last day of employment of the eligible employee; or ( b ) other mutually agreed arrangements. (5) In determining the amount of employment assistance payment to be paid under this section, an employer must take into account the tripartite guidelines. (6) Without affecting section 7B, where E2 enters into a contract of service with an eligible employee in lieu of E1, any period for which the eligible employee has served under E1 before he or she commences his or her service with E2 is to be reckoned only for the purposes of — ( a ) computing the minimum period of 3 months for entitlement to annual leave under section 88A(1) of the Employment Act 1968; and ( b ) determining the period of service of an employee for entitlement to paid sick leave under section 89(1) and (2) of the Employment Act 1968. [5/2017; 55/2018] (7) A consent form signified by E1, E2 and the eligible employee in the prescribed form and manner is prima facie proof of the matters mentioned in subsection (1)( b ). [5/2017] (8) To avoid doubt, the references to an eligible employee’s employer in Parts 4 and 5 include references to E2, where applicable. [5/2017]


document_id: rra-1993
provision_ref: s8
chapter: PART 4 - REMEDIES
section: 8
title: Remedies for unlawful dismissal on ground of age
content:
8. —(1) Where any employee below the specified age considers that he or she has been unlawfully dismissed on the ground of age, he or she may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his or her former employment. (2) The Minister may, before making a decision on any such representations, direct the Commissioner in writing to inquire and report whether in the Commissioner’s opinion the employee has been unlawfully dismissed on the ground of age. (3) If, after considering any report made by the Commissioner under subsection (2), the Minister is satisfied that the employee has been unlawfully dismissed by his or her employer on the ground of age, the Minister may, despite any rule of law or agreement to the contrary — ( a ) direct the employer to reinstate the employee in the employee’s former employment and to pay the employee an amount that is equivalent to the salary that the employee would have earned had he or she not been unlawfully dismissed by the employer; or ( b ) direct the employer to pay such amount of salary as compensation as the Minister may consider just and equitable having regard to all the circumstances of the case, and the employer must comply with the direction of the Minister. (4) In determining the amount of compensation to be awarded under subsection (3), the Minister must, in particular, have regard to — ( a ) the loss sustained by the employee in consequence of the unlawful dismissal; ( b ) the employee’s prospects in obtaining alternative employment; ( c ) the steps taken by the employee to mitigate his or her loss; ( d ) the period the employee has served with the employer; and ( e ) the employee’s age. (5) The decision of the Minister on any representation made under this section is final. (6) Any direction of the Minister under subsection (3) operates as a bar to any action for damages by the employee in any court in respect of the unlawful dismissal on the ground of age. (7) An employer who fails to comply with the direction of the Minister under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (8) Where any amount to be paid by an employer under subsection (3) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (7), the amount or so much thereof as remains unpaid is recoverable by the court as if it were a fine and the amount so recovered is to be paid to the employee entitled to payment under the direction of the Minister. (9) The Minister may, by writing under the hand of the Minister, delegate all or any of the Minister’s powers under this section (except this power of delegation) to any public officer. (10) A delegation under subsection (9) is revocable at will and no delegation prevents the exercise of any power by the Minister. (11) A power so delegated, when exercised by the delegate, is for the purposes of this section deemed to have been exercised by the Minister.


document_id: rra-1993
provision_ref: s8A
chapter: PART 4 - REMEDIES
section: 8A
title: Conciliation, etc.
content:
8A. —(1) An employee who has a re-employment dispute with his or her employer which relates to any matter referred to in subsection (4)( a ) or ( b ) must, before making any representation to the Minister under section 8B, first notify the Commissioner in writing of the re‑employment dispute no later than one month after the last day of the employee’s employment with his or her employer. [21/2016] (2) An employee (being an employee who attains the specified age on or after 1 January 2012) who considers that he or she has been dismissed without just cause or excuse by his or her employer on or after the date the employee attains the specified age must, before making any representation to the Minister under section 8B, first notify the Commissioner in writing of the dismissal no later than one month after the last day of the employee’s employment with the employer. (3) An employee who has a re‑employment dispute with his or her employer which relates to any matter referred to in subsection (4)( c ) or ( d ) must, before lodging a claim against the employer under section 13 of the Employment Claims Act 2016, submit to the Commissioner, under section 3(1) of that Act, not later than 6 months after the last day of the employee’s employment with the employer, a mediation request for the mediation under Part 2 of that Act of the re‑employment dispute. [21/2016] (4) For the purposes of this Part, a re‑employment dispute means a dispute over any of the following matters: ( a ) the denial of re‑employment to an employee on the ground that the employee does not satisfy the eligibility criteria set out in section 7(1); ( b ) the denial of re‑employment, in accordance with section 7C(1), to an employee on the ground that the employer is unable to find a vacancy in the employer’s establishment which is suitable for the employee; ( c ) the reasonableness of the terms and conditions of any re‑employment offer made pursuant to section 7A(1) or (3)( a )(i) by an employer; ( d ) the reasonableness of the amount of any employment assistance payment offered to an employee pursuant to section 7C(1)( a ). [5/2017] (5) Upon receipt of the notice referred to in subsection (1) or (2), the Commissioner may consult, or direct an approved mediator to consult, the employer and employee concerned in an endeavour to assist them to reach an agreement through conciliation. [21/2016]


document_id: rra-1993
provision_ref: s8B
chapter: PART 4 - REMEDIES
section: 8B
title:
Remedies relating to unreasonable denial of re-employment and dismissal without just cause or excuse

content:
8B. —(1) An employee who has a re‑employment dispute with his or her employer which relates to any matter referred to in section 8A(4)( a ) or ( b ), or an employee (being an employee who attains the specified age on or after 1 January 2012) who considers that he or she has been dismissed without just cause or excuse by his or her employer on or after the date the employee attains the specified age, may at any time after any conciliation conducted pursuant to section 8A(5), make representations in writing to the Minister to be re‑employed. (2) Any representations to the Minister under subsection (1) must be made no later than one month after the conclusion of any conciliation conducted pursuant to section 8A(5). (3) Where an employee who is dismissed by his or her employer makes any representations to the Minister in accordance with subsection (1) to be re‑employed, such representations made operate as a bar to — ( a ) the lodging of any claim under section 8C(1) in relation to the matter referred to in section 8A(4)( d ), by that employee in respect of that dismissal; and ( b ) the making of any representations to the Minister in respect of that dismissal under section 35(3) of the Industrial Relations Act 1960. [55/2018] (4) Where an employee who is dismissed by his or her employer makes any representations to the Minister in respect of that dismissal under section 35(3) of the Industrial Relations Act 1960, such representations made operate as a bar to — ( a ) the lodging of any claim under section 8C(1) in relation to the matter referred to in section 8A(4)( d ), by that employee in respect of that dismissal; and ( b ) the making of any representations to the Minister in respect of that dismissal under subsection (1). [55/2018] (5) The Minister may, before making a decision on any such representations made under subsection (1), direct the Commissioner to inquire and report whether in the Commissioner’s opinion the employee has been unreasonably denied of re‑employment by his or her employer, or has been dismissed without just cause or excuse by his or her employer, as the case may be. (6) If, after considering any report made by the Commissioner under subsection (5), the Minister is satisfied that the employee has been unreasonably denied of re‑employment by his or her employer, or dismissed by his or her employer without just cause or excuse (as the case may be) the Minister may, despite any rule of law or agreement to the contrary — ( a ) direct the employer to re-employ the employee; or ( b ) direct the employer to pay such amount of compensation as the Minister may consider just and equitable having regard to all the circumstances of the case, and the employer must comply with the direction of the Minister. (7) Despite any other provision in this section, the Minister may allow the employee to submit to the Commissioner, under section 3(1) of the Employment Claims Act 2016, a mediation request for the mediation under Part 2 of that Act of the re‑employment dispute and, if a claim referral certificate is issued in respect of that dispute, to lodge a claim for employment assistance payment under section 13 of that Act, where the Minister — ( a ) has considered any report made by the Commissioner under subsection (5); and ( b ) is satisfied, in the case of a re‑employment dispute over the matter referred to in section 8A(4)( b ), that the employer has made reasonable attempts to find a vacancy in the employer’s establishment which is suitable for the employee. [21/2016] (8) Where subsection (7) applies, the employee must submit the mediation request to the Commissioner within such time as the Minister may determine. [21/2016] (9) Section 8C(3) applies in relation to any claim lodged by an employee pursuant to subsection (7). [21/2016] (10) In determining the amount of compensation to be awarded under subsection (6), the Minister may, in particular, have regard to — ( a ) the tripartite guidelines; and ( b ) the steps taken by the employer to re‑employ the employee. (11) The decision of the Minister on any representation made under this section is final. (12) Any direction of the Minister under subsection (6) operates as a bar to any action for damages by the employee in any court in respect of the unreasonable denial of re‑employment, or the dismissal of the employee without just cause or excuse, as the case may be. (13) An employer who fails to comply with the direction of the Minister under 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 12 months or to both. (14) Where any amount of compensation to be paid by an employer under subsection (6) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (13), the amount or part thereof that remains unpaid is recoverable by the court as if it were a fine and the amount so recovered is to be paid to the employee entitled to payment under the direction of the Minister. (15) The Minister may, by writing under the hand of the Minister, delegate all or any of the Minister’s powers under this section (except the power of delegation conferred by this section) to any public officer. (16) A delegation under subsection (15) is revocable at will and no delegation prevents the exercise of any power under this section by the Minister. (17) A power so delegated, when exercised by the delegate, is for the purposes of this section deemed to have been exercised by the Minister.


document_id: rra-1993
provision_ref: s8C
chapter: PART 4 - REMEDIES
section: 8C
title:
Remedies relating to unreasonable terms and conditions of re‑employment contract and employment assistance payment

content:
8C. —(1) An employee who has a re‑employment dispute with his or her employer which relates to any matter referred to in section 8A(4)( c ) or ( d ) may, if a claim referral certificate is issued in respect of that dispute, lodge a claim for employment assistance payment with an Employment Claims Tribunal under section 13 of the Employment Claims Act 2016. [21/2016] (2) Where an employee who is dismissed by his or her employer lodges any claim with an Employment Claims Tribunal in relation to the matter referred to in section 8A(4)( d ), such claim operates as a bar to — ( a ) the making of any representations under section 8B(1) by that employee in respect of that dismissal; and ( b ) the making of any representations to the Minister in respect of that dismissal under section 35(3) of the Industrial Relations Act 1960. [21/2016; 55/2018] (3) In making a decision on any claim in relation to the employment assistance payment, the Employment Claims Tribunal — ( a ) may take into account the tripartite guidelines and any steps taken by the employer to re‑employ the employee; and ( b ) may, despite paragraph ( a ), make an order in the prescribed form for any amount of employment assistance payment to be paid by an employer to an employee as the Employment Claims Tribunal considers just and equitable having regard to all the circumstances of the case. [21/2016] 8D. [ Repealed by Act 21 of 2016 ] 8E. [ Repealed by Act 21 of 2016 ] 8F. [ Repealed by Act 21 of 2016 ]


document_id: rra-1993
provision_ref: s9
chapter: PART 5 - GENERAL
section: 9
title: Powers of Commissioner and investigating officers
content:
9. —(1) The Commissioner or any investigating officer has, for the purposes of this Act, power to do all or any of the following: ( a ) enter without previous notice at any reasonable time any place of employment for the purposes of conducting any audit which is deemed necessary by the Minister, or make such inquiry into the terms and conditions of employment of any employee as the Commissioner or investigating officer thinks fit; ( b ) examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and reduce into writing the answer given or statement made by the person who is bound to state truly the facts and circumstances with which the person is acquainted, and the statement made by the person must be read over to him or her and must, after correction, be signed by the person; ( c ) require the employer to produce before the Commissioner or investigating officer any other employee employed by the employer together with any contract of service or other document concerning the employment; ( d ) make copies of any document required to be produced under paragraph ( c ); ( e ) take or remove for purposes of investigations any document; ( f ) take such photographs or audio or video recording, as the Commissioner or investigating officer thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act; ( g ) require any person to produce any article which is relevant to any investigation carried out under this Act and, if necessary, to take into custody any such article. (2) Any person who hinders or obstructs an investigating officer in the exercise of the power under this section or makes to an investigating officer exercising the power under this section a statement either orally or in writing which is false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: rra-1993
provision_ref: s9A
chapter: PART 5 - GENERAL
section: 9A
title: Investigations of complaints and offences
content:
9A. —(1) Whenever — ( a ) the Minister, the Commissioner or an investigating officer has reasonable grounds for believing that an offence under this Act has been committed; ( b ) the Minister, the Commissioner or an investigating officer wishes to inquire into any matter for which provision is made by this Act or any dispute as to such matter, or any matter connected with an investigation; or ( c ) any person complains of any breach of any provision of this Act, the Minister, the Commissioner or the investigating officer (as the case may be) may summon any person whom he or she has reason to believe can give information regarding the subject matter of the inquiry or complaint, and the person so summoned is legally bound to attend at the time and place specified in the summons to furnish information or documents, produce any article or give statements, and to answer truthfully all questions which the Minister, the Commissioner or the investigating officer (as the case may be) may put to the person. (2) Any person who in any way wilfully obstructs the service of or obedience to such summons, and any person summoned who neglects to attend as required in such summons, shall be guilty of an offence. (3) The Commissioner or investigating officer has the power to report any failure by such person to attend as required by the summons under subsection (2) to a Magistrate, who may thereupon issue a warrant to secure the attendance of that person as required by the summons.


