# legal_provisions

document_id: stba-1963
provision_ref: s33
chapter: PART 3B - POWERS OF ENFORCEMENT, ETC.
section: 33
title: Power to examine, secure attendance, etc.
content:
33. —(1) For the purposes of investigating any offence under this Act or any regulations made under this Act, an inspecting officer may do all or any of the following: ( a ) examine orally any person who appears to be acquainted with any of the facts or circumstances of the case — (i) whether before or after that person or anyone else is charged with an offence in connection with the case; and (ii) whether or not the person is to be called as a witness in any inquiry, trial or other proceeding in connection with the case; ( b ) issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances of the case, to attend before the inspecting officer, and that person must comply with the written notice; ( c ) require any person, whom the inspecting officer has reason to believe has any document or article in his or her possession, custody or control relevant to the investigation, to produce that document or article. [7/2014] (2) Any person examined under this section is bound to state truly what he or she knows of the facts and circumstances of the case, except that he or she need not say anything that might expose him or her to a criminal charge, penalty or forfeiture. [7/2014] (3) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to him or her; ( c ) if he or she does not understand English, be interpreted in a language that he or she understands; and ( d ) after correction (if necessary), be signed by him or her. [7/2014] (4) If any person fails to comply with a written notice issued to him or her by an inspecting officer under subsection (1)( b ), the inspecting officer may report the failure to a Magistrate who may then, in his or her discretion, issue a warrant ordering the person to comply with the written notice. [7/2014] (5) A person must not, without reasonable excuse, refuse to comply with any requirement made of him or her under subsection (1)( c ) by an inspecting officer. [7/2014] (6) Subject to section 31(5), an inspecting officer may take possession or make copies of any document or article produced to him or her under subsection (1)( c ) for further investigation. [19N [7/2014]


document_id: stba-1963
provision_ref: s34
chapter: PART 3B - POWERS OF ENFORCEMENT, ETC.
section: 34
title: Notice to attend court
content:
34. —(1) Where an inspecting officer has reasonable grounds to believe that a person has committed an offence under this Act or any regulations made under this Act, he or she may, in lieu of applying to a court for a summons under the Criminal Procedure Code 2010, immediately serve upon that person a prescribed notice, requiring that person to attend at the court described, at the time and on the date specified, in the notice. [7/2014] (2) A duplicate of the notice must be prepared by the inspecting officer and, if so required by the court, produced to the court. [7/2014] (3) The notice may be served on the person alleged to have committed the offence in the same manner as the service of a summons under section 116 of the Criminal Procedure Code 2010. [7/2014] (4) Upon an accused person appearing before a court pursuant to the notice, the court is to take cognizance of the alleged offence and is to proceed as though he or she were produced before the court pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010. [7/2014] (5) If a person upon whom a notice has been served under subsection (1) fails to appear before a court in person or by counsel in accordance therewith, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless, in the case of an offence which may be compounded, that person has before that date been permitted to compound the offence. [7/2014] (6) Upon a person arrested pursuant to a warrant issued under subsection (5) being produced before a court, the court is to proceed as though the person were produced before it pursuant to a summons issued under section 153 of the Criminal Procedure Code 2010. [Act 31 of 2022 wef 01/11/2022] (7) An officer of the Board authorised in that behalf by the Board may, at any time before the date specified in the notice under subsection (1), cancel the notice. [19O [7/2014] (8) This section applies only to offences under Part 3A. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s35
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 35
title: Obstructing officer of Board, etc.
content:
35. Any person who refuses to give access to, or obstructs, hinders or delays — ( a ) the Board or any of its members, officers or employees (including the Controller and any authorised officer mentioned in section 35A); [Act 28 of 2022 wef 01/04/2023] ( b ) an inspecting officer; or [Act 28 of 2022 wef 01/04/2023] ( c ) an authorised person mentioned in section 32A(3), in the discharge of the duties of, or the exercise of the powers of, the Board or any of those individuals under 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 $5,000 or to imprisonment for a term not exceeding 6 months or to both. [20 [7/2014] [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s35A
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 35A
title: Power to obtain information
content:
35A. —(1) The Board or any officer authorised for purposes of this section (called in this section an authorised officer) may by written notice require any person (whether within or outside Singapore) to provide within a reasonable period specified in the notice, all information and documents (including information and documents comprising or containing personal data of any individual in or intending to visit Singapore) that are within the knowledge of that person or in that person’s custody or under that person’s control, relating to any matter reasonably required by the Board to carry out the functions or duties assigned to the Board by or under this Act. (2) The power to require a person to provide any information or document under subsection (1) includes the power — ( a ) to require that person, or any person who is or was an officer or employee of the person, to provide an explanation of the information or document; ( b ) if the information or document is not provided, to require that person to state, to the best of the person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Board or an authorised officer in legible form. (3) Any person who, without reasonable excuse, fails to comply with a written notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. (4) The Board is entitled without payment to keep any information or document, or any copy or extract thereof, provided to the Board or an authorised officer under subsection (1) or obtained under subsection (2). [Act 28 of 2022 wef 01/01/2023]


document_id: stba-1963
provision_ref: s35B
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 35B
title: Preservation of secrecy
content:
35B. —(1) No information or document provided for the purposes of this Act or any regulations made under this Act is to be disclosed, except — ( a ) with the consent of the person from whom the information was obtained; ( b ) to the extent that the information or document is already in the public domain; ( c ) in connection with the administration or enforcement of this Act or any regulations made under this Act; ( d ) to the Minister, or any public officer assisting the Minister and duly authorised by the Minister for the purposes of this subsection, as may be necessary for the performance of the Minister’s official duties in connection with — (i) this Act; or (ii) the advancement or development of tourism and the regulation of tourism enterprises; ( e ) for the purposes of any legal proceedings (including criminal proceedings) arising out of this Act or any regulations made under this Act or of any report of such proceedings; or ( f ) under and in accordance with any other written law. (2) Any Board member, officer or employee or any person employed or engaged in the administration or enforcement of this Act or any regulations made under this Act, who discloses to any other person any information or document provided for the purposes of this Act or any regulations made under this Act in contravention of subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both. (3) If — ( a ) any person ( X ) has possession of any information or document which to the person’s knowledge has been disclosed in contravention of this section; and ( b ) X discloses that information or document to any other person, then X shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 28 of 2022 wef 01/01/2023]


document_id: stba-1963
provision_ref: s36
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 36
title: False or misleading information, etc.
content:
36. —(1) A person is guilty of an offence if — ( a ) the person is required to make any statement or provide any information or document under this Act or any regulations made under this Act; and ( b ) the person — (i) makes any statement or provides any information or document which is false or misleading (including as a result of any omission) in a material particular, and which the person — (A) knows or ought reasonably to know to be so; or (B) is reckless as to whether it is so; or (ii) intentionally alters, suppresses or destroys the information or document. (2) A person who is guilty of an offence under subsection (1) 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 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s36A
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 36A
title: Exclusion of liability for act or default of cruise terminal licensee
content:
36A. Despite the grant of any cruise terminal licence under Part 3AA, neither the Board nor the Controller shall be liable in any circumstances for any injury, loss, damage or cost sustained by any person as a result of any default, negligence, breach or other wrongful act or omission of any cruise terminal licensee or any agent or employee of the cruise terminal licensee. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s36B
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 36B
title: Presumption of jurisdiction
content:
36B. If, in any legal proceedings under Part 3AA or any regulations made for the purposes of that Part, a question arises as to whether or not any ship or person is within the provisions of this Act or any regulations made under this Act or some part of this Act or any regulations made under this Act, the ship or person is taken to be within those provisions unless the contrary is proved. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s37
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 37
title: Protection from personal liability
content:
37. —(1) No liability shall lie personally against any member, officer or employee of the Board, any committee member or any other person acting under the direction of the Board, or any inspecting officer, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act or any other written law. [7/2014] (2) Where the Board provides a service to the public whereby information is supplied to the public under any written law, neither any of its members, officers or employees nor any committee member or inspecting officer involved in the supply of that information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if the member, officer, employee, committee member or inspecting officer had acted in good faith, with reasonable care and in the ordinary course of the discharge of his or her duties. [22 [7/2014]


document_id: stba-1963
provision_ref: s38
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 38
title: Conduct of legal proceedings
content:
38. Proceedings in respect of any offence under the provisions of this Act or any regulations made under this Act may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Board or any other person authorised in writing in that behalf by the Chief Executive. [23 [15/2010]


document_id: stba-1963
provision_ref: s38A
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 38A
title: Jurisdiction of courts
content:
38A. A Magistrate’s Court or a District Court has jurisdiction to hear and determine all offences under this Act or any regulations made under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of any offence under this Act or any regulations made under this Act. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s39
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 39
title: Use of Merlion symbol
content:
39. Any person who, without the permission of the Board, uses the Merlion symbol, a representation of which is set out in Part 1 of the Schedule, or a symbol or representation so nearly resembling the Merlion symbol as to cause confusion in relation to it, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [24


document_id: stba-1963
provision_ref: s40
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 40
title: Board’s symbol
content:
40. —(1) The Board has the exclusive right to the use of the Board’s symbol, a representation of which is set out in Part 2 of the Schedule. (2) Any person who, without the permission of the Board, uses the Board’s symbol, or a symbol or representation so nearly resembling the Board’s symbol as to cause confusion in relation to it, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [25


document_id: stba-1963
provision_ref: s41
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 41
title: Composition of offences
content:
41. —(1) Subject to subsection (1A), the Chief Executive or any officer of the Board authorised by him or her may, in his or her discretion, 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 the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $2,000. [7/2014] [Act 28 of 2022 wef 01/04/2023] (1A) The Controller may compound any offence under Part 3AA or any regulations made for that Part, which is prescribed as a compoundable offence, by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $5,000. [Act 28 of 2022 wef 01/04/2023] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [7/2014] (3) All sums collected under this section must be paid into the Consolidated Fund. [25A [7/2014]


document_id: stba-1963
provision_ref: s42
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 42
title: Recovery of financial penalties
content:
42. —(1) Any person who fails to pay a financial penalty by the date the person is required to do so under this Act is liable to pay, after that date, interest on the amount unpaid at the same rate as for a judgment debt. [7/2014] (2) Any financial penalty and any interest on any financial penalty payable by any person under this Act is recoverable by the Board from that person as a debt due to the Board. [Act 28 of 2022 wef 01/04/2023] (3) The Board may, in any case it thinks fit, waive, remit or refund, wholly or in part, any financial penalty or any interest thereon payable under this Act. [7/2014] (4) The Board must pay into the Consolidated Fund all financial penalties and interest thereon collected by the Board under this Act. [7/2014] (5) In this section, “tourist guide licence” has the meaning given by section 20(1). [25B [7/2014]


document_id: stba-1963
provision_ref: s42A
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 42A
title: Appeal to Minister
content:
42A. —(1) Any person aggrieved by a decision mentioned in subsection (2) may appeal to the Minister within 14 days after notice of the decision is served on the person or such extended period as the Minister may allow in any particular case. (2) A decision for the purpose of subsection (1) is any of the following: ( a ) a decision by the Board under Part 3A — (i) refusing to grant or renew a licence under section 23(4)( b ); (ii) modifying any condition of or imposing any new condition on a licence; (iii) altering under section 24(4) the description or classification of the person as a tourist guide in a manner that is to the person’s disadvantage; (iv) issuing a direction under section 26A(1) or 28(2), or varying such direction under section 26B(4) or (5) or 28(5E); (v) suspending or revoking the person’s licence under section 28(1); (vi) requiring the person to pay a financial penalty, including the amount of the financial penalty, under section 28(2); or (vii) debarring the person from applying for or for a renewal of a licence under section 28(2); ( b ) a decision by the Controller under Part 3AA — (i) refusing to grant or renew a cruise terminal licence under section 29B(3); (ii) refusing to amend a cruise terminal licence under section 29B(7); (iii) refusing to allow a transfer or assignment of benefit of a cruise terminal licence under section 29F; (iv) issuing a direction under section 29G(1) or 29K(1), or varying such direction under section 29G(13) or 29L(4) or (5); (v) requiring the person to pay a financial penalty, including the amount of the financial penalty, under section 29G(1); (vi) debarring the person from applying for or for a renewal of a cruise terminal licence under section 29G(1); (vii) suspending or revoking the person’s cruise terminal licence under section 29G(1); (viii) modifying any condition of or imposing any new condition on a cruise terminal licence, and the amount of any compensation to be provided, under section 29J; (ix) regarding the use of any security deposit under section 29N(2); (x) refusing to approve any charges for the provision of any cruise port services and facilities at a cruise terminal pursuant to regulations made under section 29O; (xi) requiring the person as a cruise terminal licensee to impose on and collect, or not to impose on and collect, any charge or security deposit or late interest under section 29P; or (xii) refusing to grant an approval under section 29R or 29S. (3) An appeal against a decision under subsection (1) does not affect the operation of the decision or prevent the taking of any action to implement the decision unless otherwise provided in this Act or directed by the Minister in any particular case. (4) Any person who makes an appeal to the Minister under subsection (1) must, within the period specified in that subsection — ( a ) state the circumstances under which the appeal arises and the issues and grounds for the appeal; and ( b ) submit all relevant facts, evidence and arguments in respect of the appeal. (5) Where an appeal has been made to the Minister under subsection (1) — ( a ) the Minister may require the appellant, the Board or the Controller (as the case may be) or any person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the circumstances under which the appeal arises, to provide the Minister with all or any such information or document as the Minister may require for the purpose of considering and determining the appeal; and ( b ) any person so required to provide the information or document must provide it in the manner and within the period specified by the Minister. (6) The Minister may reject an appeal of an appellant that fails to comply with subsection (4) or any requirement of the Minister under subsection (5). (7) The Minister may determine an appeal from any decision of the Board or Controller under subsection (2) by — ( a ) confirming, varying or reversing the decision; or ( b ) requiring the Board or Controller (as the case may be) to reconsider the decision, and the decision of the Minister is final. (8) Every appellant must be notified of the Minister’s decision under subsection (7). (9) The Minister may designate any of the following office-holders in his or her Ministry to hear and determine, in the Minister’s place, any appeal made under this section: ( a ) the Second Minister, if any; ( b ) any Minister of State; ( c ) any Parliamentary Secretary. (10) In this section (except subsection (9)), a reference to the Minister in relation to an appeal includes a reference to any officer-holder designated under subsection (9) to hear and determine the appeal. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s42B
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 42B
title: Offences by corporations
content:
42B. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances: ( a ) action towards — (i) assessing the corporation’s compliance with the provision creating the offence; and (ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision; ( b ) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; ( c ) action towards ensuring that — (i) the equipment and other resources; and (ii) the structures, work systems and other processes, relevant to compliance with the provision creating the offence are appropriate in all the circumstances; ( d ) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non-compliance with the provision creating the offence; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s42C
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 42C
title: Offences by unincorporated associations or partnerships
content:
42C. —(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; “reasonable steps” has the meaning given by section 42B(6) except any reference to the corporation is a reference to the unincorporated association or partnership mentioned in subsection (2); “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. (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore. [Act 28 of 2022 wef 01/04/2023]


document_id: stba-1963
provision_ref: s43
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 43
title: General exemption
content:
43. The Board may, with the approval of the Minister, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act or any regulations made under this Act, subject to such conditions or restrictions as may be specified in the order. [25C [7/2014]


document_id: stba-1963
provision_ref: s44
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 44
title: Service of documents
content:
44. —(1) Subject to subsection (3), any notice or document required or authorised to be served under this Act or any regulations made under this Act may be served — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business; (iv) by affixing a copy of the notice in a conspicuous place at the usual or last known address of the individual’s place of residence or business; (v) by sending it by fax to the fax number used at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Board by the individual as the fax number for the service of documents on the individual; or (vi) by electronic communication, by sending an electronic communication of the document to the last email address given to the Board by the individual as the email address for the service of documents on the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other like officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; (iii) by sending it by fax to the fax number used at the principal or last known place of business of the partnership in Singapore; or (iv) by electronic communication, by sending an electronic communication of the document to the last email address given to the Board by the partnership as the email address for the service of documents on the partnership; and ( c ) in the case of a limited liability partnership or other body corporate, or an unincorporated association — (i) by delivering it to the secretary or other like officer of the body corporate or unincorporated association or, in the case of a limited liability partnership, the manager thereof; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership, body corporate or unincorporated association in Singapore; (iii) by sending it by fax to the fax number used at the registered office or principal office of the limited liability partnership, body corporate or unincorporated association in Singapore; or (iv) by electronic communication, by sending an electronic communication of the document to the last email address given to the Board by the limited liability partnership, body corporate or unincorporated association as the email address for the service of documents on the limited liability partnership, body corporate or unincorporated association. [7/2014] (2) Where any notice or other document required or authorised to be served under this Act or any regulations made under this Act — ( a ) is sent by fax to a fax number in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the fax number; ( b ) is sent by electronic communication to an email address in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and ( c ) is sent by prepaid registered post in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered. [7/2014] (3) Service of any notice or document under this Act or any regulations made under this Act on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address. [7/2014] (4) This section does not apply to notices and documents to be served in proceedings in court. [25D [7/2014]


document_id: stba-1963
provision_ref: s45
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 45
title: Regulations
content:
45. —(1) The Board may, with the prior approval of the Minister, make regulations generally for carrying out the provisions of this Act. (2) Without limiting subsection (1), the regulations may provide for — ( a ) the convening of meetings of the Board and the procedure to be followed at the meetings; ( b ) the appointment or establishment of committees of the members of the Board, and the co‑opting of persons other than members of the Board to those committees; ( c ) the manner in which documents, cheques and instruments of any description are to be signed or executed on behalf of the Board; ( d ) the fees and charges to be paid for any matter or thing to be done for the purposes of this Act or any regulations made under this Act, the interest payable upon any unpaid fee or charge, and the waiver, refund or remission, whether wholly or in part, of such fees, charges and interest; ( e ) the requirements, relating to tourist guides, to be complied with by the owner, operator or driver of any motor vehicle or class of motor vehicles conveying tourists into Singapore or to a place or point of interest in Singapore; [Act 28 of 2022 wef 01/04/2023] ( ea ) the requirements to be complied with by persons involved in the provision of cruise port services and facilities, or in activities or events carried out at cruise terminals; [Act 28 of 2022 wef 01/04/2023] ( eb ) the procedure for any appeal to the Minister; and [Act 28 of 2022 wef 01/04/2023] ( f ) matters required or permitted to be prescribed by this Act or which are necessary or expedient to give effect to this Act. [7/2014] (3) Regulations made under this section — ( a ) may prescribe that any act or omission in contravention of any regulation shall be an offence; ( b ) may provide for the imposition of penalties for such offences as follows: (i) in the case of an offence for the contravention of any regulation made for the purposes of Part 3AA, a fine not exceeding $100,000 or imprisonment for a term not exceeding 6 months or both and, in the case of a continuing offence, a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; (ii) in any other case, a fine of $5,000; and [Act 28 of 2022 wef 01/04/2023] ( c ) in the case of any licence granted under this Act, may provide that in addition to such fine, the penalty may extend to the cancellation or suspension of the licence. [7/2014] (4) In this section, “tourist” and “tourist guide” have the meanings given by section 20. [7/2014] (5) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette . [26


document_id: stba-1987
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — [ Deleted by Act 14 of 2022 wef 01/08/2022 ] “Board” means the Singapore Totalisator Board established under section 3; “chief executive” means the chief executive of the Board, and includes any individual acting in that capacity; “Gambling Regulatory Authority of Singapore” means the Casino Regulatory Authority of Singapore continued and renamed as the Gambling Regulatory Authority of Singapore under the Gambling Regulatory Authority of Singapore Act 2022; [Act 14 of 2022 wef 01/08/2022] “gaming” means the playing of any game of chance or of mixed chance and skill for money or money’s worth; “horse race” includes a pony race; [ Deleted by Act 14 of 2022 wef 01/08/2022 ] “race course” means any land used for the purpose of a race meeting; “race meeting” means a meeting for the purpose of horse racing; “totalisator” means any instrument for wagering or betting known by that name, and any other instrument, device, machine or method of a like nature and conducted on the same principles, and includes a numbers forecast totalisator paying a fixed minimum dividend; “totalisator agency” means any totalisator agency under the supervision of the Board, and includes any premises in which totalisator investments may be received; [Act 14 of 2022 wef 01/08/2022] “totalisator investment” means any money, currency note or cheque, or such other form of payment as may be approved by the Minister, received for investment on the totalisator; “turf club” means any club, association or other body of persons (whether incorporated or unincorporated) established for the purpose of promoting, conducting and controlling the sport of horse racing. [Act 14 of 2022 wef 01/08/2022] [ Deleted by Act 14 of 2022 wef 01/08/2022 ]


document_id: stba-1987
provision_ref: s3
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 3
title: Establishment and incorporation of Singapore Totalisator Board
content:
3. A Board called the Singapore Totalisator Board 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 any other acts or things that bodies corporate may lawfully do and suffer.


document_id: stba-1987
provision_ref: s4
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 4
title: Functions of Board
content:
4. —(1) The functions of the Board are — ( a ) to supervise the affairs of a turf club operating in Singapore; [Act 14 of 2022 wef 01/08/2022] ( b ) to conduct equine research and establish, maintain and improve turf clubs, training centres for apprentices, jockeys, blacksmiths and others employed in connection with racing, and other places used in connection with racing; ( c ) [ Deleted by Act 14 of 2022 wef 01/08/2022 ] ( d ) with the approval of the Minister, to establish and maintain places and facilities for recreation on land owned or held by the Board and to carry out activities that appear to the Board to be requisite, advantageous or convenient for or in connection with its functions; ( e ) to improve racing generally; and ( f ) to work collaboratively with the Gambling Regulatory Authority of Singapore to foster responsible gambling and reduce the prevalence of unauthorised gambling. [Act 14 of 2022 wef 01/08/2022] (2) The Minister may, after consulting the Board, give to the Board such general directions, not inconsistent with the provisions of this Act, as to the policy to be followed by the Board in the exercise and performance of its powers and functions under this Act as appear to the Minister to be required in the public interest, and the Board must as soon as possible give effect to any such directions. (3) The Board must provide the Minister with information relating to its property and activities in such manner and at such times as the Minister may require. (4) However, nothing in this Act confers on the Board a function or power to conduct on its own behalf any race meeting or a totalisator for gaming in relation to any racing or otherwise. [Act 14 of 2022 wef 01/08/2022]


document_id: stba-1987
provision_ref: s4A
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 4A
title: Contributing to charitable, etc., purposes
content:
4A. The Board also has the function to ensure that public benefits may be derived from any racing or gaming conducted by a turf club or totalisator agency which is under the supervision of the Board, through regular contributions out of their proceeds or profits so as to fund distributions under section 5 by the Board. [Act 14 of 2022 wef 01/08/2022]


document_id: stba-1987
provision_ref: s5
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 5
title: Powers of Board
content:
5. —(1) Subject to the provisions of this Act, the Board has power to do all such things as are in its opinion necessary for or conducive to the proper discharge of its functions under this Act and, in particular, the Board has power — ( a ) to distribute sums, out of moneys forming part of the funds of the Board and not required by it in the exercise of its functions under section 4, for all or any of the following purposes: (i) public, social or charitable purposes relating to Singapore; (ii) the promotion of culture, art and sport generally in Singapore; [Act 14 of 2022 wef 01/08/2022] ( b ) to subscribe for or acquire any securities, stocks or shares of any company or to form or participate in the formation of any company, partnership or joint venture for the purpose of carrying out any function of the Board or for such other purposes as the Minister may approve; and ( c ) to suspend or revoke any totalisator or gaming activity established by any totalisator agency under the supervision of the Board. [Act 14 of 2022 wef 01/08/2022] (2) [ Deleted by Act 14 of 2022 wef 01/08/2022 ]


document_id: stba-1987
provision_ref: s6
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 6
title: Directions by Minister
content:
6. The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5A [5/2018]


document_id: stba-1987
provision_ref: s7
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 7
title: Members of Board
content:
7. —(1) The Board consists of — ( a ) a Chairperson; and ( b ) not less than 4 and not more than 11 other members as the Minister may determine. (2) The Schedule has effect with respect to the Board, its members and proceedings. [6


document_id: stba-1987
provision_ref: s8
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 8
title: Chief executive
content:
8. —(1) There must be a chief executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [6A [5/2018]


document_id: stba-1987
provision_ref: s9
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 9
title: Appointment of officers, etc.
content:
9. —(1) Subject to subsection (2) and the Public Sector (Governance) Act 2018, the Board may, on such terms and conditions as it may determine — ( a ) appoint and employ such officers, employees, consultants or agents; and ( b ) appoint such totalisator agencies, as may be necessary for the effective performance of its functions. [5/2018] (2) The Board must obtain the approval of the Minister for the appointment of — ( a ) [ Deleted by Act 14 of 2022 wef 01/08/2022 ] ( b ) any totalisator agency. [7


document_id: stba-1987
provision_ref: s10
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 10
title: Bank accounts and application of revenue
content:
10. —(1) The Board must open and maintain an account or accounts with such bank or banks as the Board thinks fit. (2) Every account under subsection (1) must be operated by such person or persons authorised to do so by the Board. (3) The moneys of the Board must be applied only in payment or discharge of the expenses, obligations and liabilities of the Board and in making any payments that the Board is authorised or required to make. [8


document_id: stba-1987
provision_ref: s11
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 11
title: Power of investment
content:
11. The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [9


document_id: stba-1987
provision_ref: s12
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 12
title: Issue of shares, etc.
content:
12. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Board under this Act; or ( b ) any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct. [9A


document_id: stba-1987
provision_ref: s13
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 13
title: Power to borrow
content:
13. —(1) For the purposes of this Act, the Board may raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or ( c ) the creation and issue of debentures, bonds or any other instrument as the Minister may approve. (2) For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Board for the purchase of goods or services. [9B


document_id: stba-1987
provision_ref: s14
chapter: PART 2 - SINGAPORE TOTALISATOR BOARD
section: 14
title: Financial year
content:
14. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year. [10 [5/2018]


document_id: stba-1987
provision_ref: s15
chapter: PART 3 - TOTALISATORS AND TOTALISATOR AGENCIES
section: 15
title: Calculation of dividend
content:
15. —(1) It is the duty of every totalisator agency operating a totalisator to pay out by way of dividend all moneys received from investments on the totalisator after deducting — ( a ) the amount of any gambling duty charged under the Gambling Duties Act 2022; and [Act 1 of 2022 wef 29/07/2022] ( b ) the amount of any commission prescribed, or determined in any manner prescribed, in any regulations made under section 24. [Act 14 of 2022 wef 01/08/2022] (2) It is not necessary to pay out fractions of a dollar. (3) [ Deleted by Act 14 of 2022 wef 01/08/2022 ]


document_id: stba-1987
provision_ref: s16
chapter: PART 3 - TOTALISATORS AND TOTALISATOR AGENCIES
section: 16
title: Proportion of deduction from investment to belong to Board
content:
16. The sums deducted by way of commission in accordance with section 15(1)( b ), together with any fractional money arising pursuant to the operation of section 15(2), are deemed for all purposes to belong to and form part of the general funds of the Board and may be apportioned between the Board and the totalisator agency in such proportion and in such manner as the Minister may approve. [13


document_id: stba-1987
provision_ref: s17
chapter: PART 4 - MISCELLANEOUS
section: 17
title: Admission to race courses
content:
17. —(1) A turf club may admit members of the public to any race course or premises under the control or supervision of the club or of any one or more of the officers of such club on payment of an admission fee. (2) A turf club may make by‑laws controlling the admission of persons to any race course or premises used or occupied by such club for race meetings or for the placing of investments on the totalisator. (3) Any by-laws made under this section may provide for the exclusion from a race course or such premises of any specified class or description of persons, either absolutely or subject to the conditions prescribed (if any) by such by‑laws. (4) This section — ( a ) is applicable to any race course despite the fact that it is or forms part of a reserve or other place in respect of which there exists a right of public use or entry; and ( b ) is not deemed to limit the power of any club to exclude or remove any person from any race course occupied by the club and which is free from such right of public use or entry. (5) An officer of the turf club may remove from the race course or such premises any person who contravenes any by‑law made under this section and who fails or refuses to leave the race course or such premises after being requested by such officer to do so. (6) Every by-law or amendment of or addition to or revocation of or substitution for any by-law made under this section must, within 30 days of its coming into operation — ( a ) be published on the website of the Singapore Turf Club (the publication cost of which must be borne by the turf club which made, amended, added to, revoked or substituted the by-laws); and ( b ) be displayed prominently within the premises of the turf club. (7) By-laws made under this section must not be inconsistent with any law for the time being in force in Singapore and any such by‑law which is so inconsistent is, to the extent of the inconsistency, void. [14 18. [Repealed by Act 14 of 2022 wef 01/08/2022] 19. [Repealed by Act 14 of 2022 wef 01/08/2022] 20. [Repealed by Act 14 of 2022 wef 01/08/2022] 21. [Repealed by Act 14 of 2022 wef 01/08/2022] 22. [Repealed by Act 14 of 2022 wef 01/08/2022]


document_id: stba-1987
provision_ref: s23
chapter: PART 4 - MISCELLANEOUS
section: 23
title: General exemption
content:
23. The Minister may, by order in the Gazette and subject to such conditions as the Minister may impose, exempt any person or class of persons from all or any of the provisions of this Act. [20B


document_id: stba-1987
provision_ref: s24
chapter: PART 4 - MISCELLANEOUS
section: 24
title: Power to make regulations
content:
24. The Minister may make such regulations as the Minister considers necessary or expedient to give effect to the provisions and for the due administration of this Act. [Act 14 of 2022 wef 01/08/2022]


document_id: stba-1987
provision_ref: s25
chapter: PART 4 - MISCELLANEOUS
section: 25
title: Property of Singapore Turf Club to be held on trust for Board
content:
25. —(1) The following property and funds of the Singapore Turf Club, a society registered under the Societies Act 1966, is with effect from 9 November 1987 deemed to be held by the Club on trust for the purposes of the Board and the Board may at any time require the Club to transfer to the Board any such property or funds for those purposes: ( a ) all immovable property owned by the Club on that date; ( b ) all funds and investments belonging to the Club on that date. (2) If any question arises as to whether any particular property, fund or investment is held on trust for the Board, the matter is to be determined by the Minister and a certificate under the hand of the Minister is conclusive evidence of the matter certified in the certificate. (3) The Board may grant to the Singapore Turf Club out of the funds deemed to be held by the Club on trust for the Board such sums of money as the Board may determine to enable the Club to meet the expenses of carrying out its operations and to maintain or improve its facilities and for such other purpose as the Board thinks fit. [22


document_id: stcca-1972
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Singapore Tourism Board established under section 3 of the Singapore Tourism Board Act 1963 and includes any agent duly appointed by the Board to act on its behalf; “Chief Executive” means the Chief Executive of the Board and includes any acting Chief Executive of the Board; “Fund” means the Tourism Fund established under section 17 of the Singapore Tourism Board Act 1963; “product” means any one or more of the following: ( a ) any travel product within the meaning of the Travel Agents Act 1975; ( b ) any goods (including any food or beverage intended for human consumption); “record” means any record of information however recorded, and includes — ( a ) anything on which there is writing or Braille; ( b ) a map, plan, chart, graph, picture or photograph; ( c ) anything from which images, sounds or writing can be reproduced; and ( d ) anything on which information has been stored or recorded; “service” means any service relating to any one or more of the following: ( a ) arts or entertainment; ( b ) leisure, recreation or sports; ( c ) personal care, wellness or assistance; ( d ) transport, other than transport by use of a regular route service within the meaning of the Bus Services Industry Act 2015 or a train service within the meaning of the Public Transport Council Act 1987; ( e ) business meetings, incentive travel, conferences, conventions and exhibitions (commonly known as MICE); “taxable transaction connected with a tourism event” has the meaning given by section 5(2); “tourism event” means any event or series of related activities taking place in Singapore — ( a ) that promotes Singapore as a travel or tourist destination; or ( b ) that is intended wholly or partly for the benefit of, or for the purpose of attracting, visitors to Singapore; “tourism event establishment” means a person prescribed in an order made under section 5; “tourism event premises” means any premises used or to be used for the conduct of a tourism event by the organiser of that event; “transaction” means any arrangement made by a person in the course of carrying on a business in Singapore — ( a ) for the provision, or to facilitate the provision, of the use of any tourism event premises, accommodation, products or services, to another person; or ( b ) where the use of any tourism event premises, accommodation, products or services in contemplation of which an arrangement in paragraph ( a ) was made does not take place, whether or not — ( c ) the other person is in Singapore; ( d ) the arrangement is at the request of the other person; or ( e ) any consideration is given for the arrangement. [28/2018]


document_id: stcca-1972
provision_ref: s2A
section: 2A
title: Application of Act
content:
2A. This Act does not apply to any tourism event premises, accommodation, product or service provided or to be provided by the Government, or a body established by or under a public Act for a public purpose. [28/2018]


document_id: stcca-1972
provision_ref: s3
section: 3
title: Delegation of functions
content:
3. —(1) The Board may appoint such agents (including the Government) as may be necessary for the purposes of this Act. (2) The Board may delegate all or any of the powers and functions under this Act relating to or appertaining to the collection of cess to any person, including an officer or department of the Government. (3) The Board may pay to any person appointed under subsection (1) a fee for the services rendered in connection with the collection of cess.


document_id: stcca-1972
provision_ref: s5
section: 5
title: Cess payable
content:
5. —(1) Cess is payable at the amount prescribed by the Minister by order in the Gazette on every taxable transaction connected (in the manner provided in subsection (2)) with a tourism event to which the order relates. [28/2018] (2) In this Act, a transaction is a taxable transaction connected with a tourism event if — ( a ) the use of the tourism event premises, accommodation, product or service under the transaction is or is to be provided, or (where paragraph ( b ) of the definition of “transaction” in section 2 applies) could have been provided, during a period during which the tourism event is held, being a period which may include any time before or after the event is held (called in this section a taxable period); and ( b ) the transaction, which satisfies paragraph ( a ), is prescribed in an order under subsection (1) to be a taxable transaction connected with that tourism event. [28/2018] (3) A transaction is not to be treated as other than a taxable transaction by reason only that — ( a ) the transaction is made with a person who is not a visitor to Singapore; ( b ) the transaction is made for any purpose other than for purposes of any tourism event; ( c ) the transaction is terminated for any reason; or ( d ) the tourism event premises, accommodation, product or service to be provided under the transaction, is not provided or used for any reason. [28/2018] (4) An order under subsection (1) must specify or describe — ( a ) the tourism event to which the order relates; ( b ) the taxable transactions connected with a tourism event on which cess is payable; ( c ) the tourism event establishments making the taxable transactions connected with a tourism event; ( d ) the taxable period for the taxable transactions connected with a tourism event; and ( e ) the amount of the cess. [28/2018] (5) For the purposes of subsection (4)( e ), the amount of cess payable on a taxable transaction connected with a tourism event may be prescribed in an order under subsection (1) as a rate based on — ( a ) the gross receipts derived from the taxable transaction; or ( b ) an amount treated as the gross receipts derived from the taxable transaction — (i) that is terminated; or (ii) for which no or partial consideration is given, and the order may further provide for the method by which such gross receipts or amount treated as the gross receipts are to be determined. [28/2018] (6) An order under subsection (1) may prescribe different taxable periods, different amounts of cess, or different methods of determining the gross receipts or amounts treated as the gross receipts — ( a ) for different taxable transactions connected with a tourism event; ( b ) for different tourism event premises, accommodation, products or services; ( c ) for different tourism events or tourism event establishments; or ( d ) on any other differential basis. [28/2018] (7) In determining the “gross receipts” or “an amount treated as the gross receipts”, there must be excluded the amount of any goods and services tax chargeable on any supply of goods or services comprised in that taxable transaction connected with a tourism event. [28/2018] (8) No person is relieved from liability to pay cess on a taxable transaction connected with a tourism event by reason of the fact that the person ceases during a taxable period to carry on business in Singapore. [28/2018]


document_id: stcca-1972
provision_ref: s6
section: 6
title: Tourism event establishment liable to pay cess
content:
6. —(1) Cess payable on a taxable transaction connected with a tourism event is payable by the tourism event establishment making the taxable transaction. [28/2018] (2) Cess must be accounted for and paid within the time prescribed by regulations made under this Act. [28/2018] (3) Cess must be paid to the Board in the manner required by the Board. [28/2018] 7. [ Repealed by Act 16 of 2008 ]


document_id: stcca-1972
provision_ref: s8
section: 8
title: Power to enter premises, etc.
content:
8. —(1) The Chief Executive, or an officer or agent of the Board authorised by the Chief Executive, is entitled, at all reasonable times, to full and free access to any premises that the Chief Executive, officer or agent (as the case may be) reasonably believes are relevant premises, to do all or any of the following for relevant purposes: ( a ) to inspect the premises; ( b ) without any fee or reward, to inspect, make copies of, or take extracts from, any record; ( c ) to take possession of any record if, in the opinion of the Chief Executive, officer or agent, as the case may be — (i) the inspection or copy of, or extract from, the record cannot reasonably be performed without taking possession; (ii) the record may be interfered with or destroyed unless possession is taken; or (iii) the record may be required as evidence in proceedings for an offence under this Act or any regulations made under this Act, or in proceedings for the recovery of cess. [28/2018] (2) In this section — “relevant premises” means — ( a ) any premises owned or occupied by a person who is, or could be prescribed as, a tourism event establishment; or ( b ) any premises where any record relating to cess payable under this Act is or is likely to be kept; “relevant purposes” means any one or both of the following purposes: ( a ) to administer or enforce this Act or any order or regulations made under this Act, including to enable the Board to ascertain the amount of cess payable by any person under this Act; ( b ) to enable the Board to provide its views to the Minister on any matter to be prescribed in an order to be made under section 5. [28/2018]


document_id: stcca-1972
provision_ref: s9
section: 9
title: Keeping of records and giving of receipts
content:
9. —(1) Subject to subsection (3), every person liable to pay cess under the provisions of this Act must keep and retain for a minimum period in safe custody — ( a ) records provided by the person under section 8(1) to the Chief Executive or an officer or agent of the Board authorised by the Chief Executive; ( b ) records of the information provided by the person under section 10(3) to the Chief Executive or an officer or agent of the Board authorised by the Chief Executive; and ( c ) sufficient records to enable the amount of cess payable under any order made under section 5 to be readily ascertained by the Chief Executive or an officer or agent of the Board authorised by the Chief Executive. [16/2008; 28/2018] (2) Where a machine is used for recording taxable transactions connected with a tourism event, receipts of those transactions may be dispensed with if the Chief Executive, or an officer or agent of the Board authorised by the Chief Executive, is satisfied that — ( a ) the machine records all of those transactions; ( b ) a record of all of those transactions for each day and (if applicable) the consideration given for each transaction, is made by the end of each day; and ( c ) the record mentioned in paragraph ( b ) fulfils the requirements of subsection (1)( c ). [28/2018] (3) The Chief Executive or an officer or agent of the Board duly authorised by the Chief Executive in that behalf may in respect of any class or description of persons who are liable to pay cess under this Act — ( a ) direct them to keep and retain the records referred to in subsection (1)( a ) and ( b ) in the form and manner approved by the Chief Executive or an officer or agent of the Board, as the case may be; and ( b ) direct them to issue and retain the receipts and their duplicates referred to in subsection (1)( c ) in the form and manner approved by the Chief Executive or an officer or agent of the Board, as the case may be. [28/2018] (4) The Chief Executive or an officer or agent of the Board duly authorised by the Chief Executive in that behalf may waive all or any of the provisions of subsection (1) or (2) in respect of any person or records or any class of persons or records. (5) In this section, “minimum period”, in relation to the keeping and retention of a record, means — ( a ) subject to paragraph ( b ), for every record provided or made before 6 September 2018 — 2 years after the record was provided or made, as the case may be; and ( b ) for every record provided (whenever made) or made on or after 6 September 2018 — 5 years (or such longer period as may be prescribed in substitution by regulations made under this Act) after the record was provided or made, as the case may be. [28/2018] (6) Any person who contravenes or fails to comply with this section or any direction of the Chief Executive or an officer or agent of the Board issued pursuant to this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: stcca-1972
provision_ref: s10
section: 10
title: Duty to inform
content:
10. —(1) Every person liable to pay cess under this Act must, within 7 days of the date of commencement or cessation of any business carried on by the person in respect of which cess is payable on any transaction relating thereto, inform the Board in writing of the business carried on by the person. [28/2018] (2) Every person liable to pay cess under this Act must inform the Board in writing of any change of the person’s place of business. (3) The Chief Executive, or an officer or agent of the Board authorised by the Chief Executive, may, by written notice under subsection (4), require any person to provide the Chief Executive, officer or agent with information that the Chief Executive, officer or agent (as the case may be) considers necessary for any one or both of the relevant purposes mentioned in section 8(2). [28/2018] (4) The written notice may specify — ( a ) the form and manner in which the information must be provided; ( b ) the time by which the information must be provided; and ( c ) the frequency with which the information must be provided during a period specified in the written notice, which period must not exceed 5 years (or such longer period as may be prescribed in substitution by regulations made under this Act) after the date of the written notice. [28/2018] (5) Any person who contravenes or fails to comply with subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [16/2008]


document_id: stcca-1972
provision_ref: s11
section: 11
title: Recovery of cess
content:
11. Without prejudice to any other remedy, any cess payable under this Act may be recovered as a debt due to the Board from the person accountable for the cess. [28/2018]


document_id: stcca-1972
provision_ref: s12
section: 12
title: Recovery of cess on basis of Board’s estimate
content:
12. —(1) Where an amount is due from any person on account of cess, and such cess is not accounted for and paid to the Board within the prescribed time, the Board may estimate the amount of cess due. (2) Where an amount is due from any person on account of cess, but by reason of the person’s failure to keep or to produce or furnish to the Board the accounts or records required by this Act or any regulations made under this Act or to take or permit to be taken any other step which the person is so required to take or permit to be taken or by reason of the accounts or records kept, produced or furnished being materially incomplete or inaccurate, the Board is unable to ascertain the amount of cess properly due from the person, the Board may estimate the amount of cess due. [28/2018] (3) Where an estimate of the amount of cess due from any person has been made under subsection (1) or (2), then (without prejudice to the recovery of the full amount due or to the making of a further estimate in that behalf) the amount estimated is recoverable as cess properly due unless in an action relating thereto the person liable proves the amount properly due and that amount is less than the amount estimated. (4) Where an estimate of the amount of cess due from any person has been made under subsection (1) or (2), that person must pay the amount estimated together with the penalty (if any) imposed by section 13 within 7 days of the receipt of the notice from the Board requiring the person to pay the cess.


document_id: stcca-1972
provision_ref: s13
section: 13
title: Penalty
content:
13. —(1) Subject to subsection (2), if any cess is not accounted for and paid within the time prescribed by the Board — ( a ) a penalty equal to 5% of the amount of cess payable whether estimated or not must be added thereto; and ( b ) if the amount of cess outstanding is not paid within 60 days of the imposition of the penalty as provided by paragraph ( a ), an additional penalty of 2% of the cess outstanding is payable for each completed month that the cess remains unpaid commencing from the date on which the cess became payable, except that the total additional penalty must not exceed 50% of the amount of cess outstanding. [16/2008] (2) The provisions of this Act relating to the collection and recovery of cess are to apply to the collection and recovery of the penalty and additional penalty. [16/2008] (3) The Board may, for any good cause shown, reduce or remit the whole or part of the penalty due under subsection (1).


document_id: stcca-1972
provision_ref: s14
section: 14
title: Suit for cess and penalty by Board
content:
14. —(1) Despite the provisions of any other written law, cess and any penalty imposed under this Act may be sued for by way of a specially endorsed originating claim and the Board is entitled to all costs allowed by law against the person liable thereto. [Act 25 of 2021 wef 01/04/2022] (2) In any suit under subsection (1), the production of a certificate signed by the Chief Executive giving the name and address of the defendant and the amount of cess and penalty due by the defendant is sufficient evidence of the amount so due and sufficient authority for the court to give judgment for that amount.


document_id: stcca-1972
provision_ref: s15
section: 15
title: Refund or return of cess or penalty overpaid or erroneously paid
content:
15. —(1) Except as provided in this section, no person is entitled to any refund of any money that was overpaid, or return of any money that was erroneously paid, as cess or penalty under this Act. [28/2018] (2) A person who overpaid or erroneously paid any money as cess or penalty under this Act may make a claim to the Board for the refund of the money overpaid or return of the money erroneously paid. [28/2018] (3) A refund or return to a person of any money that is the subject of a claim under subsection (2) may be made only if — ( a ) the person makes the claim within one year after the date of the overpayment or erroneous payment; ( b ) the claim is in the form and manner required by the Board; and ( c ) the Board is satisfied that there was an overpayment or erroneous payment. [28/2018]


document_id: stcca-1972
provision_ref: s16
section: 16
title: Payment of underpaid cess or penalty, etc.
content:
16. —(1) This section applies where for any reason or owing to any cause, a person underpays any cess or penalty under this Act, or is refunded or returned any money under section 15 despite not being entitled to such refund or return. [28/2018] (2) The person mentioned in subsection (1) must, on demand being made by the Board within one year after the date of the underpayment, or erroneous refund or return, pay the deficiency or repay the money erroneously refunded or returned (as the case may be) to the Board. [28/2018]


document_id: stcca-1972
provision_ref: s17
section: 17
title: Incorrect return
content:
17. Any person who makes an incorrect return under this Act or any regulations made under this Act by omitting therefrom any information or gives any incorrect information to the Chief Executive or the Board under section 10 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and in default of payment to imprisonment for a term not exceeding 6 months. [16/2008]


document_id: stcca-1972
provision_ref: s18
section: 18
title: Evasion of cess
content:
18. —(1) Any person who wilfully with intent to evade or to assist any other person to evade cess — ( a ) omits from a return made under this Act or any regulations made under this Act any information in relation to any matter affecting the amount of cess payable which should be included; ( b ) makes a false statement or entry in any return made under this Act or any regulations made under this Act; ( c ) gives any false answer whether verbally or in writing to any question or request for information asked or made in accordance with the provisions of this Act or any regulations made under this Act; ( d ) prepares or maintains or authorises the preparation or maintenance of any false book of accounts or other records or falsifies or authorises the falsification of any book of accounts or other records; or ( e ) makes use of any fraud, art or contrivance whatsoever or authorises the use of any such fraud, art or contrivance, 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 of not less than 6 months or to both. [28/2018] (2) Whenever in any proceedings under this section it is proved that any false statement or entry is made in any return furnished under this Act or any regulations made under this Act by or on behalf of any person or any book of accounts or other records maintained by or on behalf of any person, that person is presumed, until the contrary is proved, to have made that false statement or entry with intent to evade cess.


document_id: stcca-1972
provision_ref: s19
section: 19
title: Obstructing officer of Board
content:
19. Any person who obstructs or hinders any officer or agent of the Board acting in the discharge of his or her duty under 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 $5,000.


document_id: stcca-1972
provision_ref: s20
section: 20
title: Power to exempt and remit
content:
20. —(1) The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as the Minister may impose. [28/2018] (2) The Minister may remit the whole or any part of the cess payable by any person under this Act, if the Minister is satisfied that it is just and equitable to do so. [28/2018] (3) The Board must, following the Minister’s decision under subsection (2) and if the amount remitted has been paid to the Board by the person mentioned in that subsection, return that amount to the person. [28/2018] 21. [ Repealed by Act 16 of 2008 ]


document_id: stcca-1972
provision_ref: s22
section: 22
title: Proceedings conducted by officer of Board
content:
22. Proceedings in respect of any offence under this Act or any regulations made under this Act may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Board or an officer of the Government authorised in writing in that behalf by the Chief Executive. [15/2010]


document_id: stcca-1972
provision_ref: s23
section: 23
title: Consent of Public Prosecutor
content:
23. No court is to try any offence under this Act or any regulations made under this Act except with the consent of the Public Prosecutor. [15/2010]


document_id: stcca-1972
provision_ref: s24
section: 24
title: Priority of case in bankruptcy
content:
24. —(1) There is to be included among the debts which, under section 352 of the Insolvency, Restructuring and Dissolution Act 2018, are to be paid in priority to all other debts in the distribution of property of a bankrupt or a person dying insolvent, the amount of any cess due from the bankrupt at the date of the bankruptcy order, or from the person so dying at the date of his or her death, and having become due within 12 months before that date. [40/2018] (2) There is to be included among the taxes which, under section 203 of the Insolvency, Restructuring and Dissolution Act 2018, are to be paid in priority to all other unsecured debts in a winding up of a company, the amount of any cess due from the company and having become due within 12 months before the date of commencement of the winding up. [40/2018]


document_id: stcca-1972
provision_ref: s25
section: 25
title: Offence by body corporate
content:
25. Where an offence under this Act or any regulations made under this Act has been committed by a body corporate and is found to have been committed with the consent of, connivance of or to be attributable to any act or default on the part of any director, manager, secretary or other officer, the director, manager, secretary or other officer as well as the body corporate shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: stcca-1972
provision_ref: s26
section: 26
title: Regulations
content:
26. The Board may, with the approval of the Minister, make such regulations as are necessary for carrying into effect the provisions of this Act.


document_id: sussa-2017
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Trustees of the university company mentioned in its constituent documents; “constituent documents”, in relation to the university company, means the memorandum of association and articles of association of the university company; “university company” means the company limited by guarantee incorporated under the Companies Act 1967 on 14 April 2005 under the name “SIM University”, which is renamed “Singapore University of Social Sciences” on 17 March 2017.


document_id: sussa-2017
provision_ref: s4
section: 4
title: Accountability and evaluation
content:
4. —(1) The university company must comply with the accountability framework set out by way of a written agreement between the university company and the Minister or any person authorised by the Minister. (2) The university company must evaluate the performance of its activities in accordance with such quality assurance framework as the Minister may decide. (3) The university company must participate in the evaluation of its activities by any external review panel that the Minister may commission from time to time.


document_id: sussa-2017
provision_ref: s7
section: 7
title: Consent of Minister
content:
7. —(1) The prior written consent of the Minister is required for — ( a ) the admission of any person as a member of the university company and the removal of any such member; ( b ) the disposal of the whole or substantially the whole of the university company’s undertaking or property; ( c ) the voluntary winding up of the university company; ( d ) the addition, deletion or alteration of any provision of the constituent documents of the university company; and ( e ) the removal of any trustee from the Board. (2) The requirements under subsection (1) apply in addition to the requirements prescribed by the Companies Act 1967 and the Insolvency, Restructuring and Dissolution Act 2018 in respect of the matters in subsection (1)( a ) to ( e ). [40/2018] (3) Any act done or agreement made in contravention of subsection (1) has no effect and is unenforceable at law.


document_id: sussa-2017
provision_ref: s8
section: 8
title: Provision of funds
content:
8. —(1) The Minister must pay to the university company such moneys as Parliament may provide from time to time for the funding of the university company. (2) All moneys paid to the university company under subsection (1) may only be applied or expended by the university company for such objects provided by its constituent documents as the Minister allows.


document_id: sussa-2017
provision_ref: s9
section: 9
title: Access to accounts and summary of financial statements
content:
9. —(1) The Minister or a person authorised by the Minister (called in this section an authorised person) is entitled, at all reasonable times, to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the university company. (2) The Minister or an authorised person may require any person to provide any information in that person’s possession, or to which that person has access, that the Minister or authorised person considers necessary for ascertaining — ( a ) whether moneys paid to the university company under section 8 were applied or expended in accordance with that section; or ( b ) any other matters that the Minister or authorised person requires. (3) The university company must — ( a ) prepare a summary of the financial statements of the university company in such form and containing such information as the Minister may decide; and ( b ) make available the summary mentioned in paragraph ( a ) to the public at such frequency and in such manner as the Minister may decide. (4) The requirements under subsection (3) apply in addition to the requirements prescribed by the Companies Act 1967 in respect of financial statements and summaries of financial statements. (5) Any person who, without reasonable excuse, fails to comply with any requirement of the Minister or an authorised person under subsection (2), or who otherwise hinders, obstructs or delays the Minister or an authorised person in the performance of his or her duties or in the exercise of his or her powers under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: sussa-2017
provision_ref: s10
section: 10
title: Application of Societies Act 1966 to student bodies
content:
10. —(1) To avoid doubt, the Societies Act 1966 applies to any student body constituted under the provisions of the constituent documents of the university company. (2) The Minister charged with the responsibility for societies may, by order in the Gazette , exempt any student body mentioned in subsection (1) from all or any of the provisions of the Societies Act 1966, subject to any conditions specified in the order.


document_id: sutda-2011
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Trustees of the university company mentioned in its constituent documents; “constituent documents”, in relation to the university company, means the memorandum of association and articles of association of the university company; “university company” means the company limited by guarantee incorporated under the Companies Act 1967 on 24 July 2009 under the name “Singapore University of Technology and Design”.


document_id: sutda-2011
provision_ref: s9
section: 9
title: Access to accounts and summary of financial statements
content:
9. —(1) The Minister or a person authorised by the Minister (called in this section an authorised person) is entitled, at all reasonable times, to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the university company. (2) The Minister or an authorised person may require any person to provide him or her with any information in that person’s possession, or to which that person has access, that the Minister or authorised person considers necessary for ascertaining — ( a ) whether moneys paid to the university company under section 8 were applied or expended in accordance with that section; and ( b ) any other matters that the Minister or authorised person considers necessary. (3) The university company must make available to the public, at such frequency and in such manner as the Minister may determine, a summary of the financial statements of the university company which must be in such form and contain such information as the Minister may determine. (4) Any person who, without reasonable excuse, fails to comply with any requirement of the Minister or an authorised person under subsection (2), or who otherwise hinders, obstructs or delays the Minister or an authorised person in the performance of his or her duties or in the exercise of his or her powers under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: swa-1995
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “accredited checker” means a person who is registered as an accredited checker under section 16 of the Building Control Act 1989; “annual value” has the meaning given by the Property Tax Act 1960; “Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995; “backlane” includes — ( a ) every existing backlane and any part thereof and any approach thereto; ( b ) all land already or hereafter acquired or set apart for or laid out as a backlane; and ( c ) all channels, drains and appurtenances of a backlane; “bridge” includes any flyover, overpass and viaduct; “building” means any permanent or temporary building and includes any structure or erection of whatever kind or nature (whether permanent or temporary) and in particular — ( a ) a wall (including a retaining wall), partition, gate, fence, paling, platform, staging, post, pillar, shoring, hoarding or frame; ( b ) a slip, dock, wharf, pier, jetty, landing stage or bridge; ( c ) a culvert, crossing, bridge, underpass or tunnel; or ( d ) a sewage treatment plant, sewer, control centre, pump house, substation, drain, swimming pool or tank for the storage of any solid, liquid or gaseous matter; “Chief Executive” means the Chief Executive of the Authority; “Commissioner of Building Control” means the Commissioner of Building Control appointed under section 3 of the Building Control Act 1989; “competent authority” means any person who is appointed under section 5 of the Planning Act 1998 for the purposes of Part 3 of that Act; “dwelling house” includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation; “footway” includes any footpath, verandah‑way, open or covered walkway, pedestrian mall, plaza, square, and other related structures and facilities; “holding” means any piece or parcel of land held or possessed under an instrument of title, capable of being registered under the Registration of Deeds Act 1988, or where applicable under the Land Titles Act 1993, relating exclusively thereto; “house” includes any dwelling house, warehouse, office, shop, school and any other building in which persons are employed; “key structural elements” means culverts, retaining walls, bridges and such other parts of a street which are essential for the stability or safety of the street; “occupier”, in relation to any premises, means the person in occupation of the premises or having the charge, management or control thereof either on the person’s own account or as agent of another person, but does not include a lodger; “outsourced enforcement officer”, in relation to any provision of this Act or regulations made under this Act, means an individual who — ( a ) is appointed under section 11 of the Land Transport Authority of Singapore Act 1995; ( b ) is authorised by or under that Act to exercise any powers under any provision of this Act or regulations made under this Act, as the case may be; and ( c ) is acting within that authorisation; “owner”, in relation to any premises, means the person for the time being receiving the rent of the premises whether on the person’s own account or as agent or trustee for any other person or as receiver or who would receive the rent if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; “premises” includes buildings, lands, easements and hereditaments of any tenure; “private footway” means any footway that is not vested in the Government and that — ( a ) is intended pursuant to a planning or conservation permission granted by the competent authority under the Planning Act 1998 to be used mainly for the movement or passage of people on foot, and is used or intended to be used — (i) as a link either underground or at the second or upper storey level between 2 developments across their common boundary; (ii) as a link either underground or at the second or upper storey level between a development and a station of the rapid transit system, a bus terminal or a bus interchange; or (iii) as a link over or underneath a public street between 2 developments or parts of the same development; ( b ) is connected to a station of the rapid transit system, a bus terminal or a bus interchange and is used or intended to be used as a means of access between that station, bus terminal or bus interchange and a public street; ( c ) is on a bridge or underpass directly connected to and is over or underneath a public street; or ( d ) is located in a single holding and fronting, adjoining or abutting a public street; “private street” means any street not being a public street; “public bridge” means a bridge which carries a public street; “public street” means any street over which the public has a right of way and which has become vested in the Government under this Act or the repealed Act, or in any other manner; “repealed Act” means the repealed Local Government Integration Act (Cap. 166, 1985 Revised Edition); “road related facility” includes any traffic sign, directional sign, street name sign, traffic light, bus shelter, place for the parking of bicycles, power-assisted bicycles or personal mobility devices, railing, lighting apparatus and any optical, electronic, communication, monitoring or computerised equipment necessary for the control and management of traffic, and any other road related structure and facility maintained by the Authority; “road structure” includes any bridge, underpass, tunnel, earth retaining wall and ancillary buildings; “street” includes — ( a ) any road, bridge, underpass, tunnel, square, path, footway or passage, whether a thoroughfare or not, over which the public has a right of way; and ( b ) any road, path, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not, and all channels, drains, ditches and reserves that are deemed to be part of the street; “street works” includes works of levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of cables and mains and other utility services and otherwise the making good of a street or part of the street; “tunnel” means a tunnel which carries a public street or utilities; “utilities” includes water pipes, gas pipes, sewer pipes, drainage facilities, electricity cables, telecommunication cables and any other pipes, cables and their related apparatuses; “utility works” includes works of — ( a ) breaking up or opening a street for the laying, repairing, adjusting, altering or removing of utilities or for the examining of subsoil condition or existing utilities; and ( b ) tunnelling, boring under a street or any other construction method which does not require the opening up of a street. [3/98; 11/2003; 3/2017; 38/2018]


document_id: swa-1995
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Exemption
content:
3. The Minister may, by order in the Gazette , exempt any area or place from the operation of this Act or any provision thereof.


document_id: swa-1995
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Authority to manage, maintain and repair public streets and administer this Act
content:
4. —(1) The Authority is responsible for the management, maintenance and repair of all public streets, including the footways and road related facilities thereof (but not channels, drains, ditches and reserves abutting a street), and for the general administration of this Act. [38/2018] (2) The Authority may, subject to such conditions or restrictions as it thinks fit, appoint public officers and officers employed by other statutory bodies to carry out any of its powers, functions and duties under this Act.


document_id: swa-1995
provision_ref: s5
chapter: PART 2 - PUBLIC STREETS
section: 5
title: Power to construct and improve streets
content:
5. —(1) The Authority, with the Minister’s approval, may — ( a ) construct new streets; ( b ) turn, divert, expunge or stop up any public street; ( c ) widen, open or otherwise improve any street; and ( d ) build toll gates, substations, control centres and other road related facilities. (2) Despite subsection (1), the Minister’s approval is not required if the works to be carried out are confined within the existing width of any public street. (3) The exercise of any power under this Act for a purpose in subsection (1) is subject to Part 2 of the Active Mobility Act 2017 if the public street is or is to be a public path under that Act. [3/2017]


document_id: swa-1995
provision_ref: s6
chapter: PART 2 - PUBLIC STREETS
section: 6
title: Public streets and bridges vested in Government
content:
6. All public streets, public surface and storm water drains, public bridges, underpasses and tunnels and the road pavements and road related facilities thereon, are vested in the Government.


document_id: swa-1995
provision_ref: s7
chapter: PART 2 - PUBLIC STREETS
section: 7
title: Power to enter State land to construct and maintain road structures and road related facilities
content:
7. For the purpose of constructing and maintaining the road structures and road related facilities in, under or over any State land, the Authority or any person authorised by the Authority may, at any reasonable time, enter upon any State land within or adjoining the street reserve and do all things as are reasonably necessary for the construction and maintenance of the road structures and road related facilities.


document_id: swa-1995
provision_ref: s8
chapter: PART 2 - PUBLIC STREETS
section: 8
title: Power to order stoppage of activity causing damage to public street
content:
8. —(1) Where the Authority is of the opinion that the carrying out of any activity on any land adjoining a public street has caused or is likely to cause the public street or any part thereof to be in a dangerous or defective condition, the Authority or any person authorised by the Authority may — ( a ) by notice require the person who carried out or who is carrying out the activity to repair the public street at the person’s own expense within such time as may be specified in the notice; ( b ) repair and make good the damage done or cause remedial action of a preventive nature to be effected, and all costs and expenses arising therefrom must be paid to the Authority by the owner of the land or person who carried out the activity; ( c ) by notice require the person carrying out the activity — (i) to stop carrying out the activity until the person has deposited with the Authority any sum that may be required for causing the public street to be properly repaired; and (ii) to comply with any conditions that the Authority may think fit to impose for the person to continue the activity; or ( d ) where it is in the opinion of the Authority necessary or expedient that action should be taken to procure the immediate stoppage of the activity, enter upon the land on which the activity is being carried out and order the person carrying out the activity to forthwith stop carrying out the activity. (2) If the person who is liable to pay costs and expenses to the Authority under subsection (1)( b ) is dissatisfied with the amount or apportionment thereof, the person may appeal to the Minister whose decision is final. (3) Any person who contravenes or fails to comply with a notice served on the person or an order given to the person under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; ( b ) to a further fine not exceeding $500 for every day during which the notice was not complied with; and ( c ) to a further fine not exceeding $500 for every day during which the contravention of subsection (1) continues after conviction. (4) The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a public street or part thereof to be in a dangerous or defective condition is conclusive evidence for the purpose of any prosecution under this section. (5) In this section, “activity” includes any excavation or construction works.


document_id: swa-1995
provision_ref: s8A
chapter: PART 2 - PUBLIC STREETS
section: 8A
title: Carrying out of engineering works within road structure safety zone
content:
8A. —(1) A person must not carry out any engineering works within the road structure safety zone unless the person has obtained the prior approval of the Authority. [11/2003] (2) An application to the Authority for its approval under subsection (1) — ( a ) must be made in writing and must be accompanied by an engineering plan, showing the location affected by the engineering works to be carried out; and ( b ) may be granted by the Authority subject to such conditions as the Authority thinks fit. [11/2003] (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [11/2003] (4) In this section — “engineering plan”, in relation to engineering works, includes detailed plans of the engineering works, monitoring equipment and instrumentation and other relevant information proposed for use to monitor the structural integrity of the road structure; “engineering works” means any kind of construction work that is likely to affect the structural integrity of any road structure and the safety of its operations, and includes — ( a ) excavations for basements and other building structures under land; ( b ) installations of foundation piles, sheet piles, bore holes, wells, ground anchors and tie backs; and ( c ) the operation of any crane, hoist or heavy equipment; “road structure safety zone” means that part of the land or area which is 20 metres from the outermost edge of any part of a road structure. [11/2003]


document_id: swa-1995
provision_ref: s9
chapter: PART 2 - PUBLIC STREETS
section: 9
title: Power to enter private land to construct new streets
content:
9. —(1) The Authority or any person authorised by the Authority has the right to enter upon and take possession of any land or part thereof not being State land — ( a ) to construct or improve any street; and ( b ) to construct, install, improve or remove any road structure or road related facility, in, under or over the land, and to do all things as are reasonably necessary in connection therewith. [11/2003] (2) The Authority or any person authorised by the Authority must not exercise the right conferred by subsection (1) unless the Authority has given at least 2 months’ notice of its intention to exercise the right conferred by that subsection to every owner and occupier of the land. [12/2015] (3) A notice mentioned in subsection (2) must — ( a ) give a brief description of the works which the Authority proposes to carry out on the land; ( b ) state the estimated period (if any) during which the land will be occupied or possessed; ( c ) describe the area or extent of land needed for the carrying out of the works mentioned in paragraph ( a ); and ( d ) state that any person entitled to compensation in connection with the exercise by the Authority of its right under this section may serve a written claim on the Authority in accordance with the provisions of the Land Transport Authority of Singapore Act 1995. (4) The ownership of anything is not altered by reason only that it is placed in, under or over any land in exercise of a right conferred upon the Authority by this section. (5) Any person who refuses to give access to, or obstructs, hinders or delays, an agent or employee of the Authority at any time in the exercise of the agent’s or employee’s authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [12/2015] (6) In this section, a reference to entry on land includes the digging or boring of a tunnel under the land and the erection of any structure on, under or over the land.


document_id: swa-1995
provision_ref: s10
chapter: PART 2 - PUBLIC STREETS
section: 10
title: Creation of rights in, under or over land
content:
10. —(1) From the date of publication in the Gazette of a notice of creation of a right under this section, the Authority or any person authorised by the Authority may, at any reasonable time and for the purposes of and incidental to the maintenance of any street or the operation or maintenance of any road structure or road related facility, enter upon such land within the area as described in the notice, not being State land, and exercise such permanent rights in, under or over such land or such rights of temporary occupation of the land as may be specified in the notice. [11/2003] (2) A notice of creation of a right under this section must — ( a ) be made by the Authority; ( b ) describe the right in, under or over the land or the right of temporary occupation and the area of land subject to such right; and ( c ) state particulars of the places and times at which a copy of a plan of the area of the land subject to such right may be inspected. (3) Any right referred to in a notice of creation of a right under this section is limited to a right conferring such rights and powers as are necessary or convenient for the maintenance of the street or the operation or maintenance of the road structure or road related facility (as the case may be) and for all purposes connected with or incidental to that operation or maintenance. [11/2003]


document_id: swa-1995
provision_ref: s10A
chapter: PART 2 - PUBLIC STREETS
section: 10A
title: Power to tap utilities for operation and maintenance of road related facility
content:
10A. —(1) Where the Authority or any person authorised by the Authority (called in this section the authorised person) has constructed, installed or improved any road related facility in, under or over any State land under section 7, the Authority or authorised person, after giving 21 days’ notice to the occupier of, or to every person having any estate, right, share or interest in, any land adjoining such State land, may install such meter boards, electrical meters and other accessories as may be necessary on the land and tap utilities for the purpose of and incidental to the operation and maintenance of the road related facility. [11/2003] (2) Where the Authority or an authorised person has constructed, installed or improved any road related facility in, under or over any land or part thereof not being State land under section 9, the Authority or authorised person, after giving 21 days’ notice to the occupier of, or to every person having any estate, right, share or interest in, such land, may install such meter boards, electrical meters and other accessories as may be necessary on the land and tap utilities for the purpose of and incidental to the operation and maintenance of the road related facility. [11/2003] (3) Every meter board, electrical meter and other accessory installed under this section must comply with such standards as are determined by the Energy Market Authority of Singapore established under section 3 of the Energy Market Authority of Singapore Act 2001. [11/2003] (4) The Authority must pay the electricity supplier such amount as may be indicated on the electrical meters installed under this section. [11/2003] (5) Despite subsections (1), (2) and (4), if no meter board, electrical meter or other accessory is installed on any land or part thereof that is not State land, the Authority must, on a monthly basis, pay the electricity supplier such amount as is determined in accordance with the formula where — ( a ) P is the power rating of equipment; and ( b ) R is the rate from the electricity supplier. [11/2003] (6) Any person who is dissatisfied with the decision of the Authority under subsection (1) or (2) may, within 14 days of the notice, appeal to the Minister whose decision is final. [11/2003] (7) In this section, “electricity supplier” means a person who is licensed to supply electricity under any written law for the time being relating to the supply of electricity. [11/2003]


document_id: swa-1995
provision_ref: s11
chapter: PART 2 - PUBLIC STREETS
section: 11
title: Owners who suffer substantial impairment in rights in land may require their land to be acquired
content:
11. —(1) The owner of any land temporary possession of which is or has been taken in accordance with section 9 may, by written notice given to the Authority, request the Government to acquire under the Land Acquisition Act 1966 — ( a ) the land; and ( b ) any other land (if any) of the owner related to the land in paragraph ( a ), if the owner considers that the owner suffers substantial impairment of the owner’s rights in the lands in paragraphs ( a ) and ( b ) because of the taking of that temporary possession. [12/2015] (2) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners. [12/2015] (3) Any notice under this section is irrevocable once given to the Authority. [12/2015] (4) For the purposes of this section and section 11A, land (called A land) is related to other land temporary possession of which is or has been taken in accordance with section 9 (called in this section and section 11A the temporarily occupied land) if the A land is the remainder of a parcel of land part of which is the temporarily occupied land. [12/2015] (5) In this section and section 11A — “owner”, in relation to any land, means — ( a ) a person who has the fee simple estate in the land; ( b ) a person who is the grantee or lessee under a State title for the land; ( c ) a person who has become entitled to exercise a power of sale of the land; or ( d ) a person in occupation of the land under a tenancy the term of which exceeds 7 years; “parcel of land” means the whole area of land that — ( a ) is the subject of a separate certificate of title registered under the Land Titles Act 1993; or ( b ) is a lot in a lawful division of land and capable of being held separately by any owner, and where a single building is erected on 2 or more such adjoining lands or lots mentioned in paragraph ( a ) or ( b ), includes the area comprised in those lands or lots, as the case may be. [12/2015]


document_id: swa-1995
provision_ref: s11A
chapter: PART 2 - PUBLIC STREETS
section: 11A
title: Owner-initiated acquisition
content:
11A. —(1) Upon the Authority receiving a notice under section 11(1) in relation to any temporarily occupied land, and any other land related to the temporarily occupied land, the President is to proceed under the Land Acquisition Act 1966 to acquire that land as if those lands were the subject of a notice under section 49 of that Act. [12/2015] (2) The provisions of sections 49 and 49A of the Land Acquisition Act 1966 apply (so far as relevant) to any land that is the subject of a notice under section 11(1) with the following exceptions, modifications and adaptations: ( a ) any reference in those sections to any land that is the subject of a notice under section 49(1) of the Land Acquisition Act 1966 is to be read as a reference to the land that is the subject of a notice under section 11(1); ( b ) any reference in those sections to land temporary possession of which is or has been taken under section 42 of the Land Acquisition Act 1966 is to be read as a reference to any land temporary possession of which is or has been taken in accordance with section 9; ( c ) any reference in those sections to an owner of land is to be read as a reference to an owner of land mentioned in section 11; ( d ) any reference in section 49A of the Land Acquisition Act 1966 to a claim period for any land temporary possession of which is or has been taken in accordance with a direction under section 42 of the Land Acquisition Act 1966 is to be read as a reference to one year starting from either of the following dates: (i) the date of the notice under section 9 relating to that land; (ii) the date of the expiry of the term of temporary possession in a notice under section 9 for the temporary occupation and use of the land, or the date the land is returned to the owner if earlier; ( e ) such other exceptions, modifications and adaptations as the differences between them necessarily require. [12/2015] (3) All compensation for the acquisition under the Land Acquisition Act 1966 of any land that is the subject of a notice under section 11(1) is to be paid out of the funds of the Authority. [12/2015]


document_id: swa-1995
provision_ref: s12
chapter: PART 2 - PUBLIC STREETS
section: 12
title: Power to enter land for inspection and survey, etc.
content:
12. —(1) The Authority or any person authorised by the Authority may enter any land or building situate wholly or partly within the street reserve or wholly or partly within 100 metres thereof in order to carry out — ( a ) any inspection or survey which is reasonably necessary to ascertain the condition of the land or building prior to or during the construction or improvement of any street or the construction, installation, improvement or removal of any road structure or road related facility (as the case may be) and to carry out all reasonably necessary work of a preventive or remedial nature; and ( b ) any inspection or maintenance of — (i) any street which has been constructed or improved; or (ii) any road structure or road related facility which has been constructed, installed or improved, by the Authority on, under or over the land or building and to carry out any work and do all things necessary for the purpose of maintaining the street or maintaining or operating the road structure or road related facility, as the case may be. [11/2003] (2) A person must not, for the purposes of subsection (1), enter any land or building which is occupied without giving the owner and the occupier at least 7 days’ notice of the person’s intention to do so unless — ( a ) the Authority is of the opinion that an emergency exists which necessitates immediate entry; or ( b ) the entry is required only for the purpose of an inspection or a survey. (3) A notice of entry mentioned in subsection (2) — ( a ) must describe the purpose of the entry and the nature of any work to be carried out; and ( b ) is deemed to be given to and received by an owner or occupier if the notice is affixed to a conspicuous part of the land or building to be entered. (4) In subsection (1), “work of a preventive or remedial nature” means the underpinning or strengthening of any land or building and any other work thereon that is intended to render it reasonably safe or to repair or detect damage caused in the course of the construction or improvement of any street or the construction, installation, improvement or removal of any road structure or road related facility, as the case may be. [11/2003] (5) The decision of the Authority that any work is of a preventive or remedial nature or that such work or any inspection or survey is reasonably necessary is final. (6) The Authority or any person authorised by the Authority may as the occasion requires enter and re‑inspect and survey any land or building in respect of which any of the powers contained in subsection (1) has been exercised and may, in relation to that land or building, exercise those powers as often as the occasion may require. (7) Any person authorised under this section to enter upon any land or building must, if so required by the owner or occupier, produce evidence of the person’s authority before so entering it.


document_id: swa-1995
provision_ref: s13
chapter: PART 2 - PUBLIC STREETS
section: 13
title: Removal of projections or obstructions
content:
13. —(1) The Authority may give notice to the owner of any land or building in the street reserve requiring that owner to remove any object or structure described in the notice which is erected on or attached to, or projects from, the land or building if in the opinion of the Authority the removal of the object or structure is required for the purposes of the construction of any street. (2) A notice under subsection (1) may be given to the owner of any land or building and is deemed to have been received by the owner if it is affixed to some conspicuous part of the land or building to or from which the object or structure is erected or attached or projects from. (3) A notice under subsection (1) must — ( a ) describe the object or structure to be removed; ( b ) stipulate the period within which the work of removal must be carried out; ( c ) be given to the owner of the land or building not later than 28 days before the commencement of that period; and ( d ) state that any person entitled to compensation in connection with the removal of the object or structure may serve a written claim upon the Authority in accordance with the provisions of the Land Transport Authority of Singapore Act 1995. (4) If the owner of the land or building does not comply with a notice given to the owner under subsection (1), any person authorised in that behalf by the Authority may enter the land or building, together with such other persons as the person authorised thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons.


document_id: swa-1995
provision_ref: s14
chapter: PART 2 - PUBLIC STREETS
section: 14
title: Declaration to vest street reserves in Government
content:
14. —(1) Where the Authority intends to construct any new street or to widen, open, enlarge or otherwise improve any existing street, the Authority may — ( a ) prepare a plan incorporating all premises set aside as street reserves pursuant to any development proposal approved by the competent authority; and ( b ) by an instrument in the form approved by the Registrar of Titles or the Registrar of Deeds (as the case may be) declare that the street reserves are to vest in the Government. (2) Any plan prepared by the Authority under this section must comply with the requirements of the Land Titles Act 1993 in respect of registered land and of the Registration of Deeds Act 1988 in respect of other lands and must show thereon the premises which will vest in the Government. (3) The declaration referred to in subsection (1) must be published in the Gazette . (4) Where any street reserve that has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street reserve, the declaration must be registered against those lots — ( a ) under the Land Titles Act 1993 in respect of registered land; and ( b ) under the Registration of Deeds Act 1988 in respect of other lands. (5) Where any street reserve that has become vested in the Government under this section comprises premises included in an existing lot or existing lots — ( a ) the premises forming the street must be excised from the existing lot or lots; and ( b ) the declaration must be registered in respect of the excised portions under the Land Titles Act 1993 in respect of registered land and under the Registration of Deeds Act 1988 in respect of other lands. (6) Upon such registration, the premises forming the street reserve vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting is not to be deemed to create a subdivision within the meaning of the State Lands Act 1920. (7) No compensation is payable for any premises vested in the Government pursuant to this section. (8) When the Authority has pursuant to this section registered any instrument, the Authority may take possession of the premises described in the instrument and may proceed to demolish and remove any building or portion of any building forming part thereof.


document_id: swa-1995
provision_ref: s15
chapter: PART 2 - PUBLIC STREETS
section: 15
title:
Authority may recover costs and expenses of new street or of widening, opening, etc., of public street

content:
15. —(1) Where the Authority intends to construct any new street or to widen, open, enlarge or otherwise improve any existing street, the Authority may recover the costs and expenses of acquiring the land for, and of — ( a ) constructing the new street; or ( b ) widening, opening, enlarging or otherwise improving the existing public street, as the case may be, from the owners of the premises — ( c ) fronting, adjoining or abutting on the new street or public street, as the case may be; and ( d ) which do not front, adjoin or abut on the new street or public street (as the case may be) but access to which will be obtained through the new street or the widened, opened, enlarged or otherwise improved public street by means of another street or backlane, and which, in the opinion of the Authority, will benefit by the construction of the new street or the widening, opening, enlarging or otherwise improving of the public street. (2) The Authority must prepare an estimate of the costs and expenses of the street works to be apportioned among — ( a ) the owners of the premises abutting on the new street or public street; and ( b ) the owners of such other premises (if any) as the Authority may, in accordance with subsection (1)( d ), decide to include in the apportionment, and must serve a notice of its decision in writing to proceed with the street works and to recover the costs and expenses thereof upon each such owner, and such costs and expenses must be paid by each such owner within such period as may be specified in the notice and in such proportions as are settled by the Authority. (3) If the owner of any such premises is dissatisfied with the Authority’s apportionment of costs and expenses, that owner may, within 14 days from the date of service of the notice, appeal to the Minister whose decision is final. (4) The apportionment of costs and expenses of street works among the owners of the premises fronting, adjoining or abutting on the street in respect of which the costs and expenses are to be incurred must, unless the Authority otherwise decides, be apportioned according to the frontage of the respective premises; but the Authority may, if it thinks fit, decide that in settling the apportionment regard must be had to the following considerations: ( a ) the degree of benefit accruing to any premises by the construction of the new street; and ( b ) the amount and value of any street works already executed by the owners or occupiers of any such premises, and the Authority may, if it thinks fit — ( c ) include in the apportionment any premises which do not front, adjoin or abut on the street but access to which is obtained from the street through another street or backlane and which, in its opinion, will be benefited by the street works; and ( d ) fix the sum or portion to be charged against any such premises accordingly. (5) The Authority may, in any estimate of the costs and expenses of street works, include such reasonable charges in respect of surveys, superintendence and publication and service of notices as it may from time to time determine. (6) The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the street works, and the payment of part of the costs and expenses by the Authority may be made in such a manner as wholly to relieve the owner of any particular premises to the exclusion of other owners or to relieve that owner to a greater extent than other owners. (7) Where the street works have been completed by the Authority and the costs and expenses thereof ascertained — ( a ) the Authority must cause a final apportionment of the costs and expenses of the street works to be made by dividing the costs and expenses in the same proportions as those in which the estimated costs and expenses were divided in the provisional apportionment; ( b ) that final apportionment is conclusive for all purposes; ( c ) notice of the final apportionment must be served upon the owners of the premises affected thereby; and ( d ) the sums apportioned thereby are recoverable in the manner provided in section 43. (8) If the costs and expenses incurred in executing the street works as shown in the final apportionment exceed the estimated costs and expenses, the owner may, within 14 days from the date of service of the notice, appeal to the Minister whose decision is final. (9) For the purposes of this section, the construction of a new street may include the widening, opening, enlarging or otherwise improving of any part or parts of any existing private street for the purpose of constructing the new street.


document_id: swa-1995
provision_ref: s16
chapter: PART 2 - PUBLIC STREETS
section: 16
title: Settling of apportionment of costs and expenses
content:
16. —(1) Where the Authority intends to make up, pave, widen, open, enlarge or otherwise improve any existing private street, the Authority may recover the costs and expenses of acquiring the land for, and of making up, widening, opening, enlarging or otherwise improving the private street (as the case may be) from the owners of the premises — ( a ) fronting, adjoining or abutting on the private street; and ( b ) which do not front, adjoin or abut on the private street, but access to which will be obtained through the private street or the widened, opened, enlarged or otherwise improved private street by means of another street or backlane, and which, in the opinion of the Authority, will benefit by the making up, widening, opening, enlarging or otherwise improving of the private street. (2) The Authority must cause to be prepared — ( a ) plans and specifications of the street works; ( b ) an estimate of the costs and expenses thereof; and ( c ) a provisional apportionment of the estimated costs and expenses among the owners mentioned in subsection (1) and the owners of such other premises (if any) as the Authority may, in accordance with subsection (3), decide to include in the provisional apportionment, and must serve a notice of its decision in writing upon each such owner, requiring that owner to execute to the satisfaction and in accordance with the directions in writing of the Authority, such street works within such period as may be specified in the notice commencing from the date of the service of the notice. (3) In such a provisional apportionment of the costs and expenses of the street works, the apportionment of costs and expenses among the owners of the premises fronting, adjoining or abutting on the private street or part thereof in respect of which the costs and expenses are to be incurred must, unless the Authority otherwise decides, be apportioned according to the frontage of the respective premises; but the Authority may, if it thinks fit, decide that in settling the apportionment regard must be had to the following considerations: ( a ) the degree of benefit to be derived by any premises from the street works; ( b ) the amount and value of any street works already executed by the owners or occupiers of any such premises, and the Authority may, if it thinks fit — ( c ) include any premises which do not front, adjoin or abut on the private street or part thereof but access to which is obtained from the street through another street or backlane and which, in its opinion, will be benefited by the street works; and ( d ) fix the sum or proportion to be charged against any such premises accordingly. (4) The Authority may, in any estimate of the costs and expenses of street works, include such reasonable charges in respect of surveys, superintendence and publication and service of notices as it may from time to time determine. (5) During one month from the date of the service of the notice, the plans, specifications, estimate and provisional apportionment prepared under subsection (2) must be open to inspection by or on behalf of — ( a ) any person upon whom the notice has been served; or ( b ) the owner of any building or holding listed in the Valuation List of the Comptroller of Property Tax for the time being in force, at the office of the Authority, and that notice must state — ( c ) that the aforesaid plans, specifications, estimate and provisional apportionment are so open to inspection as aforesaid during the usual office hours until a day, at least one month from the date of the service of the notice, upon which the Authority will consider any objection to the proposed street works or to the plans, specifications, estimate and provisional apportionment or any amendment thereof; and ( d ) that in default of compliance with the requirements of the Authority as stated in the notice, the Authority will itself cause the street works to be executed. (6) The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the street works and if it decides so to pay any part of those costs and expenses — ( a ) the provisional apportionment must indicate the proportion of the costs and expenses which the Authority has decided to pay; and ( b ) the payment of part of the costs and expenses by the Authority may be made in such a manner as wholly to relieve the owner of any particular premises served with a notice under this section to the exclusion of other owners or to relieve that owner to a greater extent than other owners. (7) The Authority may from time to time amend the plans, specifications, estimate and provisional apportionment of any street works, but if by reason of such an amendment the estimate in respect of any private street or part thereof is increased or the provisional apportionment of the costs and expenses of the street works on any premises is increased — ( a ) the notices previously served must be withdrawn in the prescribed manner by the Authority; ( b ) fresh notices based on the amended plans, specifications, estimate and provisional apportionment or any of them must be served by the Authority in accordance with subsection (5); and ( c ) the amended plans, specifications, estimate and provisional apportionment must be similarly open to inspection. (8) During the period of one month mentioned in subsection (5), the owner of any premises shown in the provisional apportionment or amended provisional apportionment as liable to be charged with any part of the costs and expenses of executing the street works may, by written notice duly served upon the Authority, object to the execution of the proposed street works and to the plans, specifications, estimate and provisional apportionment or any or more of them or to any amendment thereof pursuant to subsection (7) on any one or more of the following grounds: ( a ) that the alleged private street or part thereof is not or does not form part of a street within the meaning of this Act; ( b ) that the alleged private street or part thereof is (in whole or in part) a public street; ( c ) that there has been some material informality, defect or error in or in respect of the decision, notice, plans, specifications, estimate and provisional apportionment or amendment thereof; ( d ) that the proposed street works are insufficient or unreasonable or the costs and expenses as estimated are excessive; ( e ) that any premises ought to be excluded from or listed in the provisional apportionment; ( f ) that the provisional apportionment or amended provisional apportionment is incorrect in respect of — (i) some matter of fact to be specified in the objection; or (ii) where the provisional apportionment is made with regard to other considerations than frontage as provided in this section, the degree of benefit derived by any person or the amount and value of any street works already executed by the owner or occupier of any premises. (9) Objections may be made in writing and in accordance with the prescribed procedure and after valid objections have been inquired into and the persons making them have been allowed an opportunity of being heard in accordance with the prescribed procedure, the Authority may confirm or amend the plans, specifications, estimate and provisional apportionment. (10) The plans, specifications, estimate and provisional apportionment so confirmed or amended must be open to inspection by the persons referred to in subsection (5) during the usual office hours at the office of the Authority and written notice stating that they are open to inspection must forthwith be published in the Gazette and in such other manner as the Authority may determine. (11) Any person who is dissatisfied with the decision of the Authority may, within 14 days of the publication of the notice under subsection (10), appeal to the Minister whose decision is final. (12) If such street works — ( a ) are not commenced within 14 days from the date of such confirmation or amendment or the date on which the plans, specifications, estimate and provisional apportionment are confirmed or amended by the Minister, as the case may be; or ( b ) having been commenced are thereafter suspended or are not completed within the period specified in the notice mentioned in subsection (2), the Authority may, if it thinks fit, cause them to be executed and completed. (13) Where the street works have been completed by the Authority and the costs and expenses thereof as incurred by the Authority ascertained — ( a ) the Authority must cause a final apportionment of the costs and expenses of the street works to be made by dividing the costs and expenses in the same proportions as those in which the estimated costs and expenses were divided in the provisional apportionment or amended provisional apportionment, as the case may be; ( b ) that final apportionment is conclusive for all purposes; ( c ) notice of the final apportionment must be served upon the owners of the premises affected thereby; and ( d ) the sums apportioned thereby are recoverable in the manner provided in section 43. (14) If the costs and expenses incurred in executing the street works as shown in the final apportionment exceed the estimated costs and expenses, the owner may, within 14 days from the date of the notice, appeal to the Minister whose decision is final. (15) Where street works have been executed to the satisfaction of the Authority under this Part in respect of a private street or part thereof, then on the requisition — ( a ) in the case of street works executed under this section — of the several owners of such of the premises listed in the final apportionment as together have an annual value of more than 50% of the total annual value of the premises so listed; or ( b ) in any other case — of the several owners of such of the premises fronting, adjoining or abutting on the private street or part thereof as together have an annual value of more than 50% of the total annual value of the premises fronting, adjoining or abutting on the private street or part thereof, as the case may be, demanding that the private street or part thereof be declared a public street, the Authority must, after consultation with the Minister, declare it to be a public street and the private street or part thereof thereupon becomes a public street and vests in the Government. (16) The declaration referred to in subsection (15) must be published in the Gazette . (17) Where a private street or part thereof that is declared to be a public street and to be vested in the Government comprises separate lots already set aside as part of a street, the declaration must be registered against those lots — ( a ) under the Land Titles Act 1993 in respect of registered land; and ( b ) under the Registration of Deeds Act 1988 in respect of other land. (18) Where a private street or part thereof that is declared to be a public street and to be vested in the Government comprises premises included in an existing lot or existing lots — ( a ) the premises forming the street or part thereof must be excised from the existing lot or lots; and ( b ) the declaration must be registered against the excised portions under the Land Titles Act 1993 in respect of registered land and under the Registration of Deeds Act 1988 in respect of other land. (19) Upon such registration, the premises forming the street vest in the Government free from all encumbrances and where the premises are held under a statutory land grant such vesting is not deemed to create a subdivision within the meaning of the State Lands Act 1920.


document_id: swa-1995
provision_ref: s17
chapter: PART 2 - PUBLIC STREETS
section: 17
title: Powers to control works on public streets
content:
17. —(1) A person must not carry out any works on any public street, public bridge or on any street which is to be declared public unless the person has obtained the prior approval of the Authority. (2) An application to the Authority for its approval under subsection (1) — ( a ) must be made in writing and must be accompanied by a plan in duplicate, showing the location affected by the works; and ( b ) may be granted by the Authority subject to such directions as the Authority may give under subsection (3). (3) The Authority may give written directions to the person submitting the application with regard to all or any of the following particulars: ( a ) compliance with this Act and any regulations made under this Act; ( b ) the location and extent of the work and other related apparatus to be laid or erected; ( c ) the provision of footways and diversion roads and the size and specifications of such footways and diversion roads; ( d ) the design and construction method; ( e ) the period of the works; ( f ) the provision of temporary traffic signs and other road related facilities; ( g ) the reinstatement of any affected public street or public bridge or any street which is to be declared public. (4) Where in the opinion of the Authority any works have been carried out in contravention of the provisions of this Act or any regulations made under this Act, the Authority may by written order require — ( a ) the cessation of the works; ( b ) the removal of any installations; ( c ) the reinstatement of any affected public street or public bridge or any street which is to be declared public; or ( d ) such work or alteration to be carried out as may be necessary to cause the works to comply with the provisions of this section, and in every case, the order must specify — ( e ) the manner in which the removal, work or alteration specified in the order is to be carried out; ( f ) the time within which the removal, work or alteration must commence; ( g ) the time within which the removal, work or alteration must be completed; and ( h ) that the removal, work or alteration must be carried out with due diligence to the satisfaction of the Authority. (5) An order made under subsection (4) must be served on the owner of the works and the person carrying out the works. (6) If an order made under subsection (4) is not complied with, the Authority may — ( a ) demolish, remove or alter the works or cause the works to be demolished, removed or altered, or take such other steps as appear to the Authority to be necessary or expedient; and ( b ) recover all costs and expenses reasonably incurred by the Authority in the exercise of its powers under this section from the person in default. (7) Neither the Authority nor the Government shall be liable to make good any damage caused to or any loss of goods or property as a result of any work carried out under subsection (6). (8) Without prejudice to the rights of the Authority to exercise its powers under subsection (6), if any person on whom an order made under subsection (4) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction. (9) The Authority may levy a charge on the person who carries out works on public streets or public bridges or any street which is to be declared public. (10) The charge must be determined in accordance with such rate and method of calculation as may be prescribed. (11) The Authority may require the person who made the application under subsection (1) to make a deposit before commencing any work. (12) If the works are not executed to the satisfaction of the Authority in any case where a deposit has been made under subsection (11), the Authority may, at any time after the service of a notice, execute or cause any works to be properly carried out and the costs and expenses of any works executed or caused to be carried out by the Authority are to be recovered from the deposit made under that subsection.


document_id: swa-1995
provision_ref: s18
chapter: PART 2 - PUBLIC STREETS
section: 18
title: Private persons constructing new streets
content:
18. —(1) Every person who intends to construct any new street must give written notice thereof to the Authority, accompanied by — ( a ) a plan submitted by a civil engineer who is registered as a professional engineer with a valid practising certificate under the provisions of the Professional Engineers Act 1991 showing the intended level and construction of the street and the level of the houses to be built on land abutting upon it and the proposed manner of draining it; ( b ) a statement whether the street is intended to be a carriage road or intended for foot traffic only; ( c ) a certificate by an accredited checker in respect of the plans relating to the structural elements of the street works stating that, to the best of the accredited checker’s knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the street to be constructed or affected by street works carried out in accordance with those plans; and ( d ) such other documents as may be prescribed, in order that the plan may be approved by the Authority subject to compliance with such directions as may be given under subsection (3). (2) The Authority must not approve the detailed plans of any new street unless — ( a ) the competent authority has first given written permission for the use of the land for this purpose under the Planning Act 1998; or ( b ) the use of the land for this purpose has been authorised under section 21(6) of the Planning Act 1998. [11/2003] (3) The Authority may give written directions to the person submitting a plan for a new street with regard to any of the following particulars: ( a ) compliance with this Act and any regulations made under this Act; ( b ) the line of the new street, so as to ensure that it forms a continuous street with any existing or proposed street; ( c ) the level, material and construction of the new street; ( d ) the provision of footways and the size, specification and gradient of such footways; ( e ) the provision along the length of the new street of intersecting streets or backlanes; ( f ) the width of the new street; ( g ) the width of any intersecting street or backlane, which must be of such width as the Authority may require; ( h ) the connection between the new street and other streets; ( i ) the gradients, levels and mode of drainage of the new street and of any intersecting streets or backlanes; ( j ) the rounding of the corners of the new street; ( k ) the provision of culverts and the size, specification and gradient of such culverts; ( l ) the provision of street lighting; ( m ) the planting of trees. [11/2003] (4) The person to whom any such written directions are so given must amend the plan accordingly. (5) The person whose plan has been approved by the Authority and each successor in title of that person, so far as the street lies in the land acquired by that person, must lay out the new street and demarcate its boundaries by such boundary stones or other marks as are considered sufficient by the Authority to denote the length, width and alignment of the street. (6) If the new street has not been laid out and demarcated within the period of 6 months from the date when the plan was approved by the Authority, the Authority or any officer authorised by the Authority may enter upon the land and demarcate the boundaries of the new street at the expense of the person whose plan has been approved or of the person’s successor in title. (7) Any person who removes, defaces or injures any stone or mark set to denote the length, width or alignment of such new street shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (8) The person whose plan has been approved by the Authority or the person’s successor in title so far as the street lies in the land acquired by the successor must, if that person or that person’s successor in title constructs the new street, construct it in accordance with the plans approved by the Authority within such period as may be specified in the approval. (9) The Authority may renew its approval under subsection (8) for such period as it may consider necessary. (10) Where a person — ( a ) constructs any new street otherwise than in accordance with a plan approved by the Authority under this section; ( b ) erects any building on land abutting on a new street which has not been laid out in accordance with a plan so approved; ( c ) without the consent in writing of the Authority erects any building in such manner that any part thereof is within the area laid out as a street reserve for any street by the competent authority; or ( d ) constructs any culvert on the line of the new street drainage otherwise than in accordance with the plans and specifications approved by the Authority, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and the Authority may make an order (which is deemed to be a mandatory order for the purposes of section 35) against the offender requiring the offender to execute any of the following works: ( e ) to alter the street; ( f ) to alter any building so built; ( g ) to remove any building so built; ( h ) to alter or remove any culvert so constructed. (11) Where any new street is stated to be intended for foot traffic only, the Authority may impose such conditions as it thinks fit for ensuring that the street is not used as a carriage road. (12) Any person who keeps open or uses such street in breach of any condition imposed under subsection (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during or on which the offence continues or is repeated. (13) A person must not erect or maintain or permit to be erected or maintained any obstruction in any such street, and the Authority may, where any such obstruction exists, take down and remove the obstruction. (14) In this section, “new street” is deemed to include — ( a ) the continuation of an existing street; ( b ) the widening or alteration of any existing street; and ( c ) the adapting of a street made for foot traffic only for carriage traffic. (15) If the person giving a notice under subsection (1) is dissatisfied with any requisition or disapproval by the Authority, the person may appeal to the Minister whose decision is final. (16) Subject to subsection (17), if the Authority does not, within 2 months from the delivery of a notice and the plan under subsection (1) or of the date of the resubmission of the plan amended pursuant to subsection (4) (as the case may be) approve the plan, the plan is deemed to be approved unless the Authority has previously disapproved it. (17) Nothing in subsection (16) is to be construed as exempting the person submitting the plan from otherwise complying with the provisions of this Act or any regulations made under this Act. (18) Where the plans of any street works or proposed street works have been approved by the Authority and the person for whom the plans are submitted intends to depart or deviate from the plans approved, the person must apply to the Authority for approval of the plans showing the proposed departure or deviation and such application must be accompanied by — ( a ) the latter plans; and ( b ) a certificate by an accredited checker in respect of such of the latter plans relating to the structural elements of the street works or proposed street works stating that, to the best of the knowledge and belief of the accredited checker, those plans do not show any inadequacy in the key structural elements of the street works to be carried out or affected by street works carried out in accordance with those plans. (19) The Authority may, with the approval of the Minister, by notification in the Gazette authorise, either generally or in relation to any specified type of development, the construction of new streets subject to such conditions as may be specified in the notification. [11/2003] (20) Any person who, being required by or by virtue of this Act or any regulations made under this Act to make or produce to the Authority any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, waiver or approval from the Authority under this Act or any regulations made under this Act or for the purpose of establishing any fact relevant to the administration of this Act or any regulations made under this Act — ( a ) makes or produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular; or ( b ) produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular, or which has not been made by the person by whom it purports to have been made, or which has been in any way altered or tampered with, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [11/2003]


document_id: swa-1995
provision_ref: s19
chapter: PART 2 - PUBLIC STREETS
section: 19
title: Expiry of approval of plans
content:
19. All plans for a new street which were approved under section 19 of the repealed Act or under section 18 of this Act expire at the end of such period as the Authority may specify and the Authority may renew the approval for such period as it may consider necessary.


document_id: swa-1995
provision_ref: s20
chapter: PART 2 - PUBLIC STREETS
section: 20
title: Determination of amount to be deposited or secured and date for completion
content:
20. —(1) Every person must, before commencing any work for the erection of any new building, submit an application in writing for the determination of the amount (if any) to be deposited or secured to the satisfaction of the Authority for the execution of street works as required under section 16 or 18. [11/2003] (2) The Authority must — ( a ) on an application being made under subsection (1); or ( b ) where no such application has been made, after serving a notice on the person who is to be required to make the deposit or furnish the security, by written order determine — ( c ) the amount (if any) that is required to be deposited or secured to the satisfaction of the Authority for the execution of street works; and ( d ) if a deposit or security is required, the date on or before which the street works must be completed. [11/2003] (3) The Minister may by written order exempt a particular building or class of buildings from subsection (1). (4) Where no deposit or security is required, the Authority must issue a certificate to the person who made the application under subsection (1) stating that no deposit or security is required to be made or furnished for the execution of street works before the commencement of building operations. [11/2003] (5) The Authority must, in making an order under subsection (2), have regard to the amount that could be recovered by the Authority if it had executed the street works under the provisions of this Act. (6) The Authority must serve a copy of the order on the person who is required to deposit or secure the amount determined for the execution of street works, which amount — ( a ) must be deposited with the Authority at such time as the Authority may by written notice specify; ( b ) must be secured to the satisfaction of the Authority by such time and in such manner as the Authority may by written notice specify; and ( c ) must not be refunded, except in accordance with section 22. [11/2003] (7) Any person who fails to deposit or secure the amount determined for the execution of street works within the time specified by the Authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction. [11/2003] (8) The Authority may by written order vary the amount determined under subsection (2) for the execution of street works and serve a copy of the order on the person who is required to deposit or secure the amount determined for the execution of street works. [11/2003] (9) An order made under subsection (8) is deemed to be an order made under subsection (2). (10) Any person who is dissatisfied with the order may, within 10 days of the service on the person of the order, appeal to the Minister whose decision is final.


document_id: swa-1995
provision_ref: s21
chapter: PART 2 - PUBLIC STREETS
section: 21
title: Authority may execute street works or cause street works to be properly carried out
content:
21. —(1) If street works are not commenced or executed to the satisfaction of the Authority in any case where a deposit has been made or security has been furnished under section 20(6), the Authority may, at any time after the service of a written notice, execute the street works or cause the street works to be properly carried out. [11/2003] (2) The costs and expenses incurred by the Authority in the execution of the street works or in causing the street works to be properly carried out must be recovered from the deposit made or the security furnished under section 20(6). [11/2003]


document_id: swa-1995
provision_ref: s22
chapter: PART 2 - PUBLIC STREETS
section: 22
title: Refund of deposit or return of security when street works have been completed
content:
22. —(1) Where a deposit has been made or security has been furnished under section 20(6) and street works have been carried out to the satisfaction of the Authority, the Authority may, upon an application in writing, refund the deposit or return the security, in whole or in part, to the person who made the application under section 20(1). [11/2003] (2) The Authority may retain the deposit or the security or any part thereof if it is of the opinion that — ( a ) the street works have not been executed properly; ( b ) the building operations in regard to the erection of any building which has not been commenced or completed would require further street works to be executed; or ( c ) it is required for a period of maintenance, which period must not exceed 12 months. [11/2003] (3) In this section and in section 23, “building operations” means such works as are carried out for the erection of any new building, including works which are preparatory to the erection of a new building.


document_id: swa-1995
provision_ref: s23
chapter: PART 2 - PUBLIC STREETS
section: 23
title: Refund of deposit or return of security when building operations are not commenced
content:
23. —(1) Any person who has made a deposit or furnished any security under section 20(6), and who subsequently decides not to proceed with the erection of any building, without having commenced any building operations, may give written notice to the Authority of the person’s intention not to proceed with the erection of the building. [11/2003] (2) The Authority must, on an application in writing by a person who has given such a notice, refund the deposit or return the security, in whole or in part as it may determine, after the cancellation of the approved plan by the Commissioner of Building Control. [11/2003] Division 2 &#x2014; Maintenance of private streets


document_id: swa-1995
provision_ref: s24
chapter: PART 2 - PUBLIC STREETS
section: 24
title: Repair of private streets
content:
24. —(1) Where any private street or any part thereof is in a defective condition, and if the Authority is satisfied that the safety of the public requires that action should be taken, the Authority may, by order require — ( a ) the owners of all premises abutting on the street and having access or right of access thereto from those premises; or ( b ) any person who, in the opinion of the Authority, was responsible for causing the street to be in a dangerous or defective condition, to execute such work and make such provision as may be necessary to remedy the defect within such time as is stated in the order and may in the order specify the date before which the work must be commenced. (2) If any person to whom an order under subsection (1) is addressed fails to comply with the requirements of the order — ( a ) the Authority may execute the order in such manner as it thinks fit to repair the defect to remove any immediate danger; and ( b ) such person must pay to the Authority the costs and expenses of the repair in such proportions as are settled by the Authority. (3) Where any person to whom an order under subsection (1) is addressed fails to commence the work before the date specified in the order, the Authority may, even though the period stated in the order for the completion of the work has not yet expired, itself cause the work to be done and recover from such person the costs and expenses of the work or such proportions of the costs and expenses as are settled by the Authority. (4) If any person who is liable to pay costs and expenses under subsection (2) or (3) is dissatisfied with the Authority’s apportionment of costs and expenses, the person may appeal to the Minister whose decision is final. (5) Despite subsections (1), (2) and (3), the Authority may execute street works on any private street or any part thereof as may be considered necessary for the public safety, except that the execution of such street works by the Authority does not affect the liability of any person under subsection (1), (2) or (3). (6) A certificate of the Authority stating that it is of the opinion that such person or persons named in the certificate was or were responsible for causing a private street or any part thereof to be in a dangerous or defective condition is conclusive evidence for the purpose of any proceedings for the recovery of the costs and expenses of the repairing of that private street.


document_id: swa-1995
provision_ref: s25
chapter: PART 2 - PUBLIC STREETS
section: 25
title: Notice on person causing private street to be in dangerous or defective condition
content:
25. —(1) The Authority may, in any case where it is of the opinion that any person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition, by notice require the person not to make further use of the private street for the purpose of transporting any matter, material or thing until such deposit as may be required under subsection (2) has been made with the Authority. (2) The Authority may, by written order, require any person who has been served with a notice under subsection (1) to deposit with the Authority such sum as may be required for causing the street to be properly repaired. (3) The Authority must, in making an order under subsection (2), have regard to the costs and expenses that would have to be incurred if it should cause the work to be done. (4) If a notice under subsection (1) is not complied with, the person who has been served with the notice shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; ( b ) to a further fine not exceeding $500 for every day during which the notice was not complied with; and ( c ) to a further fine not exceeding $500 for every day during which the contravention of subsection (1) continues after conviction. (5) The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a private street or any part thereof to be in a dangerous or defective condition is conclusive evidence for the purpose of any prosecution under this section.


document_id: swa-1995
provision_ref: s26
chapter: PART 4 - DECLARATION
section: 26
title: Private streets may be declared public streets
content:
26. —(1) If any street, not being a public street, is levelled, channelled, drained, paved, metalled, flagged and provided with lighting or otherwise made up to the satisfaction of the Authority, the Authority may, whether at the request of the owners of the premises fronting, adjoining or abutting on the street or otherwise, if it thinks fit, by writing signed by the Chief Executive or such other officer as the Authority may authorise in that behalf, declare that at the expiry of one month from the date thereof the street becomes a public street. (2) A copy of such declaration must be forthwith posted up in some part of the street. (3) At the expiry of one month from the date of the declaration under subsection (1), unless the owners of the premises fronting, adjoining or abutting on the street or the owners of such premises having the greater part in annual value have, by notification to the Authority in writing under their hands, objected thereto, the street becomes a public street and vests in the Government and must forever afterwards be repaired by the Authority. (4) The declaration referred to in subsection (1) must be published in the Gazette . (5) Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street, the declaration must be registered against those lots — ( a ) under the Land Titles Act 1993 in respect of registered land; and ( b ) under the Registration of Deeds Act 1988 in respect of other land. (6) Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in an existing lot or existing lots — ( a ) the premises forming the street must be excised from the existing lot or lots; and ( b ) the declaration must be registered in respect of the excised portions under the Land Titles Act 1993 in respect of registered land and under the Registration of Deeds Act 1988 in respect of other land. (7) Upon such registration, the premises forming the street vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting is not deemed to create a subdivision within the meaning of the State Lands Act 1920.


document_id: swa-1995
provision_ref: s27
chapter: PART 5 - WALKWAYS
section: 27
title: Provisions of footways, etc.
content:
27. —(1) The Authority may, where it considers necessary, require the owner of any premises — ( a ) to allow a footway to be constructed within the owner’s premises for the use of the public; or ( b ) to allow an existing footway within the owner’s premises to be improved for the use of the public. [11/2003] (2) The construction or improvement of a footway under subsection (1) must not affect any house within the premises, except that if necessary for this purpose, the Authority may set back any wall, fence, hedge or other similar erection. [11/2003] (3) Where there is a vacant frontage adjacent to the public street to which the public has access, the Authority may, in conjunction with any street improvement scheme, carry out works to the frontage as it considers fit. (4) For the purpose of this section, “vacant frontage” includes any covered footway. (5) The Authority must not exercise the rights conferred by subsection (1) or (3) unless it has given at least one month’s written notice to the owner of the frontage stating its intention to carry out the work, which notice must include a plan showing the affected area of the frontage. (6) The Authority must prepare an estimate of the costs and expenses to be apportioned among the owners of the premises fronting, adjoining or abutting on the new or existing footway or public street and must serve a notice of its decision in writing to proceed with the works and to recover costs and expenses of the works upon each of such owners, and such costs and expenses must be paid within such period as may be specified in the notice and in such proportions as are settled by the Authority. [11/2003] (7) If the owner of any such premises is dissatisfied with the Authority’s apportionment of costs and expenses, the owner may, within 14 days from the date of service of the notice, appeal to the Minister whose decision is final. (8) The Authority may, if it thinks fit, decide that in settling the apportionment of costs and expenses regard must be had to the following considerations: ( a ) the degree of benefit accruing to any premises by the construction or improvement of the new footway or street; ( b ) the amount and value of any street works already executed by the owners or occupiers of any such premises. [11/2003] (9) The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the works, and the payment of part of the costs and expenses may be made in such a manner as wholly to relieve the owner of any particular premises to the exclusion of other owners or to relieve that owner to a greater extent than other owners. (10) When the street works have been completed by the Authority and the costs and expenses thereof ascertained — ( a ) the Authority must cause a final apportionment of the costs and expenses of the street works to be made by dividing the costs and expenses in the same proportions as those in which the estimated costs and expenses were divided in the provisional apportionment; ( b ) that final apportionment is conclusive for all purposes; ( c ) notice of the final apportionment must be served upon the owners of the premises affected thereby; and ( d ) the sums apportioned thereby are recoverable in the manner provided in section 43. (11) No owner is entitled to any payment or compensation for the use of the owner’s frontage under this section. (12) In every case where a footway is made under this section, the Authority must deliver to each owner of the land a plan showing the land taken for the footway with a declaration endorsed thereon under the hand of the Minister to the effect that the land has been taken under this section for use as a public footway, subject nevertheless to the right of each owner or that owner’s successors in title at any time to build in such a manner and to such extent as the owner or the owner’s successors in title would have been entitled to build if the land had not been taken for use as a public footway.


document_id: swa-1995
provision_ref: s28
chapter: PART 5 - WALKWAYS
section: 28
title: Maintenance of footways
content:
28. —(1) Where a footway has been constructed or improved under section 27, the Authority — ( a ) may issue written instructions to the owner of any premises fronting, adjoining or abutting on the footway to carry out maintenance work up to the standard required by the Authority; and ( b ) may, if it thinks fit, take over the footway for maintenance, in which case the Authority must issue a notice to the owner stating that the footway has been taken over by the Authority for maintenance. [11/2003] (2) The owner must not modify any footway within the owner’s land to which the public has access without the written permission of the Authority.


document_id: swa-1995
provision_ref: s29
chapter: PART 6 - UTILITY WORKS
section: 29
title: Utility services
content:
29. —(1) The Authority may serve notice on the owner or supplier of any gas, electricity, water, telecommunication, sewerage or drainage services to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post, structure or other apparatus which belongs to or is maintained by that owner or supplier and to repair any street surface thereby disturbed if, in the opinion of the Authority, such alteration is required for the purposes of the construction, operation, maintenance or improvement of any street. (2) A notice under subsection (1) must — ( a ) specify the apparatus or structure to which the notice applies and set out the Authority’s requirements as to the alteration of its course or position and the repair of any street surface; ( b ) stipulate the period within which such work must be carried out; ( c ) be served upon the owner or supplier at least one month before the commencement of that period; and ( d ) state that any person entitled to compensation in connection with the work required by the Authority may serve a written claim upon the Authority in accordance with the provisions of the Land Transport Authority of Singapore Act 1995.


document_id: swa-1995
provision_ref: s29A
chapter: PART 7 - Backlanes
section: 29A
title: Authority to manage, maintain and repair backlanes vested in Government
content:
29A. The Authority is responsible for the management, maintenance and repair of backlanes vested in the Government. [11/2003]


document_id: swa-1995
provision_ref: s30
chapter: PART 7 - Backlanes
section: 30
title: General provisions as to backlanes
content:
30. —(1) Neither the public nor any person is deemed to have any right of ingress, egress or regress over any backlane vested in the Government or any part thereof except by express grant by the Authority which the Authority may withhold or give upon such terms as it may think fit. (2) The Authority may prepare a plan of any backlane and the Minister may, by writing under his or her hand, declare that, at the expiry of one month from the date thereof, the backlane is vested in the Government. (3) A copy of the declaration must be forthwith posted up in some part of the backlane. (4) At the expiry of the period referred to in subsection (2), unless the owners of the premises fronting, adjoining or abutting on the backlane or the owners of such premises having the greater part in annual value have, by notification to the Authority in writing under their hands, objected thereto, the backlane is vested in the Government. (5) Where a backlane has been declared to be vested in the Government under this section, the declaration must be registered together with the plan under the Land Titles Act 1993 in respect of registered land and under the Registration of Deeds Act 1988 in respect of other land. (6) Upon such registration, the land comprised in the plan is deemed to be vested in the Government freed from all encumbrances, and where the land is held under a statutory land grant, such vesting is not deemed to be a subdivision within the meaning of the State Lands Act 1920.


document_id: swa-1995
provision_ref: s31
chapter: PART 7 - Backlanes
section: 31
title: Backlanes to be levelled, paved, etc., by Authority
content:
31. —(1) The Authority is to level, pave, metal, channel and drain, and may provide lighting for, all backlanes vested in the Government under section 30. (2) When the Authority has made up a backlane, the Authority may recover the costs and expenses of acquiring the land for, and of making up, the backlane from the owners of premises abutting on the backlane. (3) Such costs and expenses must be paid by the persons who are the owners of premises abutting on the backlane when the works are completed according to the frontage of their respective premises in such proportions as are settled by the Authority. (4) If the owner of any such premises is dissatisfied with the Authority’s apportionment of costs and expenses, that owner may, within 14 days of being notified of such apportionment, appeal to the Minister whose decision is final. (5) The Authority may, if it thinks fit, decide that in settling the apportionment regard must be had to the following considerations: ( a ) the degree of benefit accruing to any premises by the making up of the backlane; ( b ) the amount and value of any works already executed by the owners or occupiers of any such premises. (6) The Authority may, in any estimate of the costs and expenses of works, include reasonable charges in respect of survey and superintendence. (7) The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the works and the payment of part of the costs and expenses may be made in such manner as the Authority thinks fit to the exclusion of other owners or to relieve one owner to a greater extent than the other owners. (8) Section 43 applies to any sum payable by the owners under this section.


document_id: swa-1995
provision_ref: s32
chapter: PART 8 - SUPPLEMENTARY
section: 32
title: Power to erect lighting apparatuses, street name signs and other road related facilities
content:
32. The Authority may cause such lighting apparatuses, street name signs, traffic signs, directional signs and other road related facilities to be put up or fixed upon or against the walls of any building or enclosure or to be put up or erected in such other manner within any street, road or place as it thinks proper.


document_id: swa-1995
provision_ref: s32A
chapter: PART 8 - SUPPLEMENTARY
section: 32A
title: Obstruction of public streets, five-footways and private footways
content:
32A. —(1) A person must not — ( a ) deposit or cause or allow any article or thing to be deposited on any public street, five‑footway or private footway; [Act 42 of 2022 wef 01/11/2024] ( b ) cause or allow any article or thing to remain on or to protrude over any public street, five‑footway or private footway; or [Act 42 of 2022 wef 01/11/2024] ( c ) erect or cause to be erected a structure on, under or over any public street, five‑footway or private footway, [Act 42 of 2022 wef 01/11/2024] so as to create any obstruction or inconvenience to the passage of the public on the public street, five-footway or private footway. [11/2003] (2) A person who contravenes subsection (1) shall be guilty of an offence. [11/2003] (3) If — ( a ) any article or thing is deposited or left on, or protrudes over; or ( b ) any structure is erected, placed, maintained, replaced, renewed or restored on, under or over, any public street, five‑footway or private footway in contravention of subsection (1), an authorised officer may move or remove that article, thing or structure, or cause it to be so moved or removed, so that it is no longer an obstruction or inconvenience to the passage of the public on the public street, five‑footway or private footway. [Act 42 of 2022 wef 01/11/2024] (4) An authorised officer must not exercise a power under subsection (3) unless the officer has taken reasonable steps to inform the following persons (if known), whoever is relevant, of the officer’s intention to exercise that power, and allowed or directed the person to move or remove the article, thing or structure: ( a ) the owner of the article, thing or structure, as the case may be; [Act 42 of 2022 wef 01/11/2024] ( b ) the person who caused the article or thing to be deposited or left on, or to protrude over, the public street, five‑footway or private footway; [Act 42 of 2022 wef 01/11/2024] ( ba ) the person who caused the structure to be erected on, under or over the public street, five‑footway or private footway; [Act 42 of 2022 wef 01/11/2024] ( c ) the owner or occupier of any land or building fronting, adjoining or abutting on the public street, five‑footway or private footway. [38/2018] [Act 42 of 2022 wef 01/11/2024] (5) For the purpose of exercising a power under subsection (3), an authorised officer may, with such assistance as the officer considers necessary — ( a ) demolish or remove any structure erected on, under or over the public street, five‑footway or private footway, and then move or remove the structure to store at a holding yard and dispose of the resulting debris from the demolition; [Act 42 of 2022 wef 01/11/2024] ( b ) move or remove from the public street, five‑footway or private footway, any article, thing or structure by any reasonable means to store at a holding yard, including by towing the article, thing or structure (as the case may be) to a holding yard; and [Act 42 of 2022 wef 01/11/2024] ( c ) use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to any article, thing or structure mentioned in paragraph ( a ) or ( b ). [Act 42 of 2022 wef 01/11/2024] (6) A person must move or remove any article, thing or structure where allowed or directed to do so by an authorised officer under subsection (4). [38/2018] [Act 42 of 2022 wef 01/11/2024] (7) A person who, without reasonable excuse, fails to comply with subsection (6) shall be guilty of an offence. [38/2018] (8) Where an authorised officer has exercised any power under subsection (3) in relation to any article, thing or structure — ( a ) the authorised officer must cause a written notice to be sent to an owner of the article, thing or structure (if known) to inform the owner of — (i) the removal or demolition of the article, thing or structure; (ii) the manner by which and the time within which the owner may procure the release of the article, thing or structure if not demolished; and (iii) the consequences that may follow under subsections (10) and (11) if the article, thing or structure is not claimed within the time specified in the notice; and ( b ) the Authority may recover, from any person mentioned in subsection (4)( a ), ( b ), ( ba ) or ( c ), any costs reasonably incurred by the Authority in connection with the exercise of those powers, including costs of storing any article, thing or structure. [Act 42 of 2022 wef 01/11/2024] (9) Despite subsections (8) and (10), where it appears to the Authority that any article, thing or structure moved or removed under subsection (3) — ( a ) is perishable; ( b ) may rapidly depreciate in value; or ( c ) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Authority to retain custody of the article, thing or structure, the Authority may, instead of storing the article, thing or structure at a holding yard and notifying the owner thereof, cause it — ( d ) to be sold (by public auction or otherwise) at once; or ( e ) to be destroyed or otherwise disposed of at such time and in such manner as the Authority thinks fit. [Act 42 of 2022 wef 01/11/2024] (10) If the article, thing or structure is not claimed by its owner within the time specified in the notice mentioned in subsection (8)( a ), the Authority may dispose of the article, thing or structure in such manner as it thinks fit (including selling the article, thing or structure). [11/2003] [Act 42 of 2022 wef 01/11/2024] (11) Where any article, thing or structure has been sold under subsection (9) or (10), the proceeds of the sale — ( a ) must be applied in payment of any expenses incurred in removing, storing and disposing of the article, thing or structure under this section; and ( b ) thereafter must be applied in payment of all charges and fines payable under this Act and any regulations made under this Act, and the surplus (if any) must be paid to the owner of the article, thing or structure, or if not claimed by such owner within 12 months of the date of the sale, is forfeited to the Authority. [11/2003; 38/2018] [Act 42 of 2022 wef 01/11/2024] (12) In addition to the methods of service under section 47 — ( a ) information required under subsection (4) may be given by affixing it to the article, thing or structure in respect of which it applies; and [Act 42 of 2022 wef 01/11/2024] ( b ) a notice mentioned in subsection (8)( a ) may be served by posting it conspicuously at or near the part of the public street, five-footway or private footway from which the article, thing or structure was removed, if the name and address of the owner of the article, thing or structure are unknown or cannot be ascertained despite reasonable diligence. [11/2003; 38/2018] [Act 42 of 2022 wef 01/11/2024] (13) Any person who, without the authority of an authorised officer, removes or tampers with any notice that has been affixed to any article, thing or structure under subsection (12)( a ) or that has been posted at any part of a public street, five‑footway or private footway under subsection (12)( b ) shall be guilty of an offence. [11/2003; 6/2004] [Act 42 of 2022 wef 01/11/2024] (14) Any person who is guilty of an offence under subsection (2) or (7) shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction. [11/2003; 38/2018] (15) In this section — “authorised officer” means any employee of the Authority, any outsourced enforcement officer and any other person appointed by the Authority under section 4 to assist in the enforcement of this section; “erect”, in relation to a structure, includes any work carried out in constructing, installing, creating, replacing, maintaining, renewing or restoring a structure; “structure” includes any of the following: ( a ) a post, pile, stake, pipe, chain, wire or any other similar thing fixed to the ground; ( b ) a billboard, signboard, hoarding, fence, partition, sun-shading device or canopy, an awning or advertising structure, or a platform, safety netting or other similar temporary structure; ( c ) a tunnel or bridge or an underpass or overpass; ( d ) a roof, cladding, curtain wall, bracket, cornice or other exterior feature of a building that is installed on, forms part of or projects outwards from a building. [Act 42 of 2022 wef 01/11/2024] (16) This section does not apply in relation to any public path (within the meaning of the Active Mobility Act 2017) that is not on State land. [3/2017; 38/2018]


document_id: swa-1995
provision_ref: s33
chapter: PART 8 - SUPPLEMENTARY
section: 33
title: Damaging public streets, etc.
content:
33. —(1) A person commits an offence if — ( a ) the person intentionally, recklessly or negligently engages in conduct that causes damage to — (i) a public street; or (ii) any property belonging to the Government by virtue of this Act, or acquired by the Government under this Act, which is in, on or under a public street; ( b ) the person does not have the prior written approval of the Authority to engage in such conduct; and ( c ) the damage — (i) to the public street prevents or substantially prevents the passage of pedestrians or vehicular traffic on or other use of the public street; or (ii) to the property belonging to or acquired by the Government prevents or substantially prevents the property from being used or operated in the manner in which it is intended to be used or operated. [38/2018] (2) A person who commits an offence under subsection (1) shall be guilty of an offence and shall be liable on conviction as follows: ( a ) for intentionally engaging in conduct which is the offence — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 6 months or to both; ( b ) for any other case — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both. [38/2018] (3) Whether or not any proceedings for an offence under subsection (1) are instituted or result in a conviction, the Authority may recover from any person who engaged in conduct that caused damage to — ( a ) any public street; or ( b ) any property belonging to the Government by virtue of this Act, or acquired by the Government under this Act, which is in, on or under a public street, the full amount of the damage caused. [38/2018] (4) In this section — “conduct” means any act or omission, any series of acts or omissions, or both; “engage in conduct” means engage, whether directly or indirectly, in conduct either alone or together with any other person or persons. [38/2018] 34. [ Repealed by Act 38 of 2018 ]


document_id: swa-1995
provision_ref: s35
chapter: PART 8 - SUPPLEMENTARY
section: 35
title: Mandatory order
content:
35. —(1) Where any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work and after due notice fails to erect or remove the building or thing or to perform the work within the prescribed time, the Authority may make an order (called a mandatory order) requiring the owner or occupier to execute the required work within the time specified in the order. (2) Where a person against whom a mandatory order is made fails to comply with the requirements of the order — ( a ) the person shall, unless the person satisfies the court that the person has used all due diligence to carry out the order, be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 a day during the person’s default; and ( b ) the Authority or any person authorised by the Authority may enter the premises and execute the work so required to be executed and the expenses thereby incurred by the Authority must be paid by the person in default and, if that person is the owner, section 43 applies in respect of those expenses, and in any other case section 40 applies.


document_id: swa-1995
provision_ref: s36
chapter: PART 8 - SUPPLEMENTARY
section: 36
title: Provision as to appeal against mandatory order
content:
36. —(1) Where a person against whom a mandatory order is made is aggrieved by the order — ( a ) the person may, within 14 days from the date of the order and in the prescribed form and manner, appeal to the Minister; and ( b ) no liability to a fine under section 35(2)( a ) shall arise and, except as provided for in this section, proceedings must not be taken and work must not be done under the order until after the determination or abandonment of the appeal. (2) Where an appeal is brought under this section from a mandatory order, the Minister may dismiss or allow the appeal unconditionally or subject to such conditions as he or she considers fit, and any decision made by the Minister on the appeal is final. (3) Where a mandatory order is being appealed against and the Minister is of the opinion that the non‑execution of the order will be injurious or dangerous to the public health and that the immediate execution of the order will not cause any injury to the person against whom the order was made which cannot be compensated by damages, the Minister may authorise the Authority immediately to execute the work. (4) The Authority must, if it does the work and the appeal is successful, pay the costs and expenses of the work and the damages (if any) sustained by the appellant by reason of the work, but, if the appeal is dismissed or abandoned, the Authority may recover the costs and expenses of the work from the appellant and, if the appellant is the owner of the premises in respect of which the mandatory order was made, section 43 applies to any sum recoverable from that owner hereunder, and in any other case section 40 applies.


document_id: swa-1995
provision_ref: s37
chapter: PART 8 - SUPPLEMENTARY
section: 37
title: Powers of Authority in cases of emergency
content:
37. —(1) In cases of emergency, the Authority may direct the immediate execution of any work or the doing of any act being any work or act authorised under this Act which is in the opinion of the Authority necessary for the service or safety of the public. (2) The Authority must not act under this section in contravention of any decision of the Minister or against any policy of the Government. (3) Where the Authority acts under this section, it must report such action to the Minister at the first opportunity to do so.


document_id: swa-1995
provision_ref: s38
chapter: PART 8 - SUPPLEMENTARY
section: 38
title: Authority in executing works to provide roads, etc., where existing ones are damaged
content:
38. The Authority in executing any works directed or authorised by this Act to be executed must provide and make a sufficient number of convenient ways, watercourses, drains and channels in the place of such as are interrupted, damaged or rendered useless by reason of the execution of the works.


document_id: swa-1995
provision_ref: s39
chapter: PART 8 - SUPPLEMENTARY
section: 39
title: Penalty for removing mark set up by Authority
content:
39. Any person who at any time removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months.


document_id: swa-1995
provision_ref: s40
chapter: PART 8 - SUPPLEMENTARY
section: 40
title: Compensation
content:
40. —(1) Subject to the provisions of this Act, in all cases where compensation, damages, fees, costs and expenses are by virtue of this Act payable by any person to the Authority or to the Government, the amount and (if necessary) the apportionment of the amount and any question of liability is, in case of dispute or failure to pay, to be summarily ascertained and determined by a District Court. (2) If the amount of compensation, damages, fees, costs or expenses is not paid by the person liable to pay the same within 14 days after demand, that amount may be reported to the District Court and recovered in the same manner as if it were a fine imposed by the District Court. (3) An appeal lies to the General Division of the High Court from any decision of the District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals. [40/2019]


document_id: swa-1995
provision_ref: s41
chapter: PART 8 - SUPPLEMENTARY
section: 41
title: Occupier may execute work upon default of owner
content:
41. Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by the owner, an occupier of the premises may, with the approval of the Authority, cause the work to be executed and the costs and expenses thereof must be paid to the occupier by the owner or the amount may be deducted out of the rent from time to time becoming due from the occupier to the owner and the occupier may, in the absence of any special agreement to the contrary, retain possession until those costs and expenses have been fully reimbursed to the occupier.


document_id: swa-1995
provision_ref: s42
chapter: PART 8 - SUPPLEMENTARY
section: 42
title: Liability of transferor who has not given notice
content:
42. —(1) Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the Authority in connection with the execution of any work which are, under this Act, recoverable from the owner thereof continues to be liable for — ( a ) the payment of all the costs and expenses payable in respect of the property which become payable; and ( b ) the performance of all other obligations imposed by this Act upon the owner of the property which are to be performed, at any time before such notice of transfer as is required by section 19 of the Property Tax Act 1960 has been given. (2) Nothing in this section affects the liability of the purchaser or transferee to pay the costs and expenses in respect of the property or the right of the Authority to recover the costs and expenses or to perform any obligation under this Act.


document_id: swa-1995
provision_ref: s43
chapter: PART 8 - SUPPLEMENTARY
section: 43
title: Recovery of costs and expenses payable by owners
content:
43. —(1) All and any sums payable by or recoverable from the owner in respect of the costs and expenses incurred by the Authority in connection with the execution of any work which are, under this Act, recoverable from the owner of any premises are, subject and without prejudice to any other rights of the Authority, a first charge on the premises in respect of which the costs and expenses were incurred. (2) In addition to any other remedies conferred by this Act, any such sum may be recovered in the manner hereinafter provided, and the person liable to pay it is the owner for the time being of any premises in respect of which any sum is due. (3) Any occupier who, when requested by or on behalf of the Authority to state the name of the owner of the premises, refuses or wilfully omits to disclose or wilfully misstates the name shall, unless the occupier shows cause to the satisfaction of the court for the occupier’s refusal or misstatement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (4) If any such sum remains unpaid at the expiry of the prescribed time, a notice is to be served upon the person or any one of the persons, if more than one, liable to pay it, calling on the person to pay that sum together with a fee of such amount as may be prescribed for the cost of the notice, within 15 days of the service of the notice. (5) If no person liable to pay the sum can be found, the notice is deemed to have been duly served by the posting thereof at the office of the Authority and by fixing a copy thereof on some conspicuous part of the premises in respect of which the costs and expenses were incurred. (6) At the expiry of the period of 15 days mentioned in subsection (4) or such further period as the Authority may allow, if any such sum or part thereof remains due and unpaid, it is deemed to be arrears and may be recovered as hereinafter provided. (7) The charge mentioned in subsection (1) attaches, and the powers and remedies hereinbefore conferred become exercisable as from the date of completion of the work, and thereafter those powers and remedies may be exercised against the premises or against any movable property or crops for the time being found thereon, despite any change in the ownership or occupation of the premises subsequent to that date. (8) The Authority may charge interest at a rate to be prescribed by the Authority on any sum remaining unpaid at the expiry of the prescribed time.


document_id: swa-1995
provision_ref: s44
chapter: PART 8 - SUPPLEMENTARY
section: 44
title: Recovery of costs and expenses by instalments
content:
44. —(1) Where the Authority has incurred costs and expenses in connection with the execution of any work, which are, under this Act, payable by or recoverable from the owner of any premises, the Authority may either recover those costs and expenses in the manner hereinbefore provided or, if it thinks fit, take any engagement from the owner for the payment of such instalments as will be sufficient to defray the whole amount of the costs and expenses with interest thereon at a rate to be prescribed by the Authority, within a period not exceeding 10 years. (2) Upon default in payment of any instalment or interest upon the date appointed for payment thereof by any such engagement, the whole of the balance then outstanding of that amount, together with any interest in arrear, immediately becomes due and payable and, despite any change in the ownership or occupation of the premises since the date of the engagement, may be recovered by the same means and in like manner as provided in section 43.


document_id: swa-1995
provision_ref: s45
chapter: PART 8 - SUPPLEMENTARY
section: 45
title: Proceedings if occupier opposes execution of works
content:
45. —(1) If the occupier of any premises prevents the owner of the premises from carrying into effect in respect of the premises any of the provisions of this Act after notice of the owner’s intention to do so has been given by the owner to that occupier, the Authority may, upon proof thereof and upon application of the owner, make an order requiring the occupier to permit the owner to execute all such works with respect to the premises as are necessary for carrying into effect the provisions of this Act. (2) If after the expiry of 8 days from the date of the order the occupier continues to refuse to permit the owner to execute the works, the occupier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200 for every day during which the offence was committed, and every such owner during the continuance of the offence is discharged from any penalties to which that owner might otherwise have become liable by reason of that owner’s default in executing the works.


document_id: swa-1995
provision_ref: s46
chapter: PART 8 - SUPPLEMENTARY
section: 46
title: Licences, approval, consent, etc., granted by Authority
content:
46. —(1) The grant or renewal of any approval, consent, permit, permission, authority, authorisation or licence pursuant to this Act or any regulations made under this Act is in the discretion of the Authority or the person authorised by the Authority to grant or renew it and the approval, consent, permit, permission, authority, authorisation or licence — ( a ) may be granted, renewed or refused without any reason for the grant, renewal or refusal being assigned therefor; ( b ) may be granted or renewed subject to such restrictions and conditions as the Authority or the person granting it may think fit; and ( c ) is subject to suspension or revocation at any time without compensation and without notice by the Authority upon breach of any restriction or condition subject to which it was issued. (2) The Authority or the person empowered to grant or renew any approval, consent, permit, permission, authority, authorisation or licence may require any applicant therefor to provide such information as the Authority or that person may reasonably require for a full and proper consideration of the application and in the event of a refusal to provide such information must refuse to grant or renew the approval, consent, permit, permission, authority, authorisation or licence. (3) Except as otherwise provided, any approval, consent, permit, permission, authority, authorisation or licence granted or renewed pursuant to this Act or any regulations made under this Act may be for such period not exceeding 12 months as the Authority thinks fit. (4) Such fee (if any) as the Authority may prescribe is to be charged for the grant or renewal of any approval, consent, permit, permission, authority, authorisation or licence. (5) No approval, consent, permit, permission, authority, authorisation or licence is transferable without the consent of the Authority or the person granting it. (6) Except as otherwise provided, any person aggrieved by the refusal of the Authority or authorised person to grant or renew any approval, consent, permit, permission, authority, authorisation or licence or by the suspension or revocation by the Authority or authorised person of any approval, consent, permit, permission, authority, authorisation or licence may, within one month of the refusal, suspension or revocation, appeal to the Minister whose decision is final.


document_id: swa-1995
provision_ref: s47
chapter: PART 8 - SUPPLEMENTARY
section: 47
title: Service of notices
content:
47. —(1) Every summons, notice, order or document required or authorised by this Act or any regulations made under this Act to be served on any person may be served by — ( a ) delivering it to that person; ( b ) delivering it at his or her last known place of residence to some adult member or employee of his or her family; ( c ) leaving it at the person’s usual or last known place of residence or place of business in a cover addressed to the person; or ( d ) forwarding it by post in a prepaid letter addressed to the person at the person’s usual or last known place of residence or place of business. [38/2018] (2) Where any summons, notice, order or document is to be served on any incorporated company or body or unincorporated association, it may be served by — ( a ) delivering it to the secretary or other like officer of the company or body or unincorporated association at its registered or principal office; or ( b ) sending it by registered post addressed to the company or body or unincorporated association at its registered or principal office. [38/2018] (3) In addition, any notice, order or document (other than a summons) required or authorised by this Act or any regulations made under this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by sending it by email to the email address of the individual, partnership, body corporate or unincorporated association, as the case may be; ( b ) by sending it by fax to whichever of the following is applicable: (i) the fax number last known to the Authority as the fax number for the service of notices, orders or documents on the individual; (ii) the fax number used at the partnership’s business address; (iii) the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the notice, order or document is available and how the addressee may use the addressee’s chosen means of access to access the contents of that notice, order or document; or ( d ) by any other method authorised by any regulations made under this Act for the service of notices, orders or documents of that kind if the recipient consents (expressly or impliedly) to service of a notice, order or document of that kind in that way. [38/2018] (4) Any summons, notice, order or document required or authorised by this Act or any regulations made under this Act to be served on the owner or occupier of any premises may be served by delivering the same or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom the same can with reasonable diligence be delivered, by affixing the summons, notice, order or document to some conspicuous part of the premises. (5) Service of any notice, order or document under subsection (3)( a ) or ( b ) takes effect — ( a ) if the notice, order or document is sent by email — at the time that the email becomes capable of being retrieved by the person; or ( b ) if the notice, order or document is sent by fax and a notification of successful transmission is received — on the day of transmission. [38/2018] (6) However, service of any notice, order or document under this Act or any regulations made under this Act on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way. [38/2018] (7) In this section — “business address” or “place of business” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee on whom is or is to be served any notice, order or document required or authorised by this Act or any regulations made under this Act, means an electronic means the addressee agrees with the person giving or serving the notice, order or document as the means by which the addressee may access the contents of that notice, order or document; “chosen means of notification”, for an addressee on whom is or is to be served any notice, order or document required or authorised by this Act or any regulations made under this Act, means an electronic means that the addressee nominates to the person giving or serving the notice, order or document as the means by which the addressee may be notified that such a notice, order or document has been served on the addressee; “email address” means the last email address given by the addressee concerned to the person giving or serving a notice, order or document as the email address for the service of notices, orders or documents under this Act or any regulations made under this Act. [38/2018]


document_id: swa-1995
provision_ref: s48
chapter: PART 8 - SUPPLEMENTARY
section: 48
title: Receipts and notices may be given or served by authorised officer
content:
48. —(1) All notices, orders, receipts, warrants and other documents of whatsoever nature which the Authority is empowered to give or serve by this Act or any regulations made under this Act may be given or served by any officer or employee authorised by the Authority. [38/2018] (2) Any such notice, order, warrant, receipt or document given or served by the Authority under this Act or any regulations made under this Act may be given or served electronically, in writing or otherwise, as the Authority may determine, and it is not a requirement that such notice, order, warrant, receipt or document must contain the signature of the Authority or any authorised officer. [38/2018]


document_id: swa-1995
provision_ref: s48A
chapter: PART 8 - SUPPLEMENTARY
section: 48A
title: Protection from personal liability
content:
48A. No liability shall lie against any member, officer or employee of the Authority or any other person acting under the direction of the Authority for anything done or intended to be done with reasonable care and in good faith in the execution or purported execution of this Act. [38/2018]


document_id: swa-1995
provision_ref: s49
chapter: PART 8 - SUPPLEMENTARY
section: 49
title: General penalties
content:
49. Any person guilty of an offence under this Act or any regulations made under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $2,000.


document_id: swa-1995
provision_ref: s49A
chapter: PART 8 - SUPPLEMENTARY
section: 49A
title: Jurisdiction of District Court
content:
49A. 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 in respect of the offence. [11/2003]


document_id: swa-1995
provision_ref: s50
chapter: PART 8 - SUPPLEMENTARY
section: 50
title: Inaccuracies in documents
content:
50. No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act or any regulations made under this Act in any way affects the operation of this Act or any such regulations as respects that person or place if that person or place is so designated in the document as to be identifiable, and no proceedings taken under or by virtue of this Act or any such regulations are invalid for want of form.


document_id: swa-1995
provision_ref: s51
chapter: PART 8 - SUPPLEMENTARY
section: 51
title: Evidence
content:
51. —(1) The contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act or any regulations made under this Act are, until the contrary is proved, presumed to be correct and the production of any book purporting to contain any apportionment made under or by virtue of this Act shall, without any other evidence whatever, be received as prima facie proof of the making and validity of the apportionment mentioned therein. (2) All records, registers and other documents required by this Act or any regulations made under this Act to be kept by the Authority or any officer thereof are deemed to be public documents and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be) subscribed by that officer with his or her name and his or her official title are admissible in evidence as proof of the contents of the document or extract therefrom.


document_id: swa-1995
provision_ref: s52
chapter: PART 8 - SUPPLEMENTARY
section: 52
title: Composition of offences
content:
52. —(1) The Authority may compound any offence under this Act or any regulations made under this Act that is prescribed as being an offence which may be compounded by doing one or both of the following: ( a ) by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: (i) one half of the amount of the maximum fine that is prescribed for the offence; (ii) $5,000; ( b ) by requiring the person reasonably suspected of having committed the offence to do, or to refrain from doing, such things as are specified in an offer of composition (called conditions of composition) by the Authority, with the concurrence (general or specific) of the Public Prosecutor. [38/2018] (2) On payment of the sum of money and on full compliance with the conditions of composition, no further proceedings are to be taken against that person in respect of the offence. [38/2018] (3) All sums collected under this section must be paid into the Consolidated Fund. [38/2018]


document_id: swa-1995
provision_ref: s53
chapter: PART 8 - SUPPLEMENTARY
section: 53
title: Regulations
content:
53. —(1) The Authority may, with the approval of the Minister, make regulations for or in respect of every purpose which it considers necessary for carrying out the provisions of this Act, and in particular, without limiting the foregoing, for or in respect of all or any of the matters specified in the Schedule. (2) The Minister may, from time to time, by notification in the Gazette , add to, alter or amend the Schedule. (3) The Authority may, with the approval of the Minister, in making any regulations, prescribe the circumstances in which it is presumed that an offence under the provisions of any such regulations was committed. (4) The Authority may, with the approval of the Minister, in making any regulations, provide that any contravention of, or failure or neglect to comply with, any regulations shall be an offence and may prescribe the fine with which the offence shall be punishable, but the fine must not exceed for any one offence the sum of $2,000 and, in the case of a continuing offence, the sum of $100 for every day or part of a day during which the offence continues after conviction. (5) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: swa-1995
provision_ref: s54
chapter: PART 8 - SUPPLEMENTARY
section: 54
title: Saving and transitional provisions
content:
54. —(1) Any — ( a ) scheme, contract, document or resolution prepared, made or approved; or ( b ) approval, consent, permit, permission, authority, authorisation or licence granted, under the repealed Act, except where otherwise expressly provided in this Act or in any other written law, continues and is deemed to have been prepared, made, approved or granted, as the case may be, under this Act. (2) Where in any written law, reference is made to — ( a ) “the Director-General”; ( b ) “the Director-General of Public Works”; or ( c ) “the Director-General of Public Works appointed under section 13(1) of the Local Government Integration Act”, such reference is to be read as a reference to the Commissioner of Building Control appointed under section 3 of the Building Control Act 1989.


document_id: ta-1967
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Application of Act
content:
2. —(1) This Act, except where otherwise expressly provided, applies to trusts including, so far as this Act applies to them, executorships and administratorships constituted or created either before, on or after 1 September 1929. (2) The powers conferred by this Act on trustees are in addition to the powers conferred by the instrument (if any) creating the trust, but those powers, unless otherwise stated, apply if and so far only as a contrary intention is not expressed in the instrument (if any) creating the trust, and have effect subject to the terms of that instrument. (3) This Act does not affect the legality or validity of anything done before 1 September 1929, except as otherwise expressly provided.


document_id: ta-1967
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Interpretation
content:
3. In this Act, unless the context otherwise requires — “authorised investments” means investments authorised by the instrument (if any) creating the trust for the investment of money subject to the trust, or by law; “contingent right”, as applied to land, includes a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of the interest or possibility is or is not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent; “convey” and “conveyance”, as applied to any person, include the execution by that person of every necessary or suitable assurance (including an assent) for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of land of which the person is seised or possessed, or in which the person is entitled to a contingent right, either for the person’s whole estate or for any less estate, together with the performance of all formalities required by law for the validity of the conveyance; “court” means the General Division of the High Court and includes, in any case where the trust concerned is an executorship or administratorship, a Family Court; “debentures” includes debenture stock, loan stock, bonds, notes and any other document which creates or acknowledges a debt, whether constituting a charge on assets or not; “general power of investment”, in relation to a trustee, means the general power of investment conferred on the trustee by section 4; “income” includes rents and profits; “instrument” includes a written law; “land” has the meaning given by section 4 of the Land Titles Act 1993; “mortgage”, “mortgagee” and “mortgagor” include “charge”, “chargee” and “chargor” respectively, and further include and relate to every estate and interest regarded in equity as merely a security for money, and every person deriving title under the original mortgagee; “pay” and “payment”, as applied in relation to stocks and securities and in connection with the expression “into court”, include the deposit or transfer of the same in or into court; “personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person; “possessed” applies to receipt of income of and to any vested estate less than a life interest in possession or in expectancy in any land; “possession” includes receipt of rents and profits or the right to receive the same, if any; “property” includes movable and immovable property, and any estate, share and interest in any property, movable or immovable, and any debt, and any thing in action, and any other right or interest, whether in possession or not; “rights” includes estates and interests; “sale” includes an exchange; “securities” includes debentures, stocks, funds and shares; and so far as relates to payments into court has the same meaning as in the written laws relating to funds in court; “securities payable to bearer” includes securities transferable by delivery or by delivery and endorsement; “shareholders equity”, in relation to a company, means the total assets of the company less the total liabilities of the company as disclosed in — ( a ) the last audited accounts of the company laid before a general meeting of the company in accordance with section 201 of the Companies Act 1967 (or the equivalent provision of the law of any other country which applies to that company); or ( b ) if a prospectus has subsequently been registered by the company in accordance with the requirements of law, the accounts contained in that prospectus; “solicitor” means an advocate and solicitor of the Supreme Court; “standard investment criteria”, in relation to a trust, means the standard investment criteria set out in section 5(3); “statutory duty of care”, in relation to a trustee, means the duty of care required to be exercised by the trustee under Part 1A; “stock” includes fully paid-up shares, and, so far as relates to vesting orders made by the court under this Act, includes any fund, annuity or security transferable in books kept by any corporation, company or society, or by instrument of transfer either alone or accompanied by other formalities or otherwise, and any share or interest therein; “transfer”, in relation to stock or securities, includes the performance and execution of every deed, power of attorney, act, and thing on the part of the transferor to effect and complete the title in the transferee; “trust” does not include the duties incident to an estate conveyed by way of mortgage, but with this exception “trust” and “trustee” extend to implied and constructive trusts, and to cases where the trustee has a beneficial interest in the trust property, and to the duties incident to the office of a personal representative, and “trustee”, where the context admits, includes a personal representative, and “new trustee” includes an additional trustee; “trust corporation” means the Public Trustee or a corporation either appointed by the court in any particular case to be a trustee, or licensed as a trust company under the Trust Companies Act 2005; “trust for sale”, in relation to land, means an immediate binding trust for sale, whether or not exercisable at the request or with the consent of any person, and with or without power at discretion to postpone the sale; “trustees for sale” means the persons (including a personal representative) holding land on trust for sale. [11/2005; 21/2008; 16/2016; 40/2019]


document_id: ta-1967
provision_ref: s3A
chapter: PART 1A - STATUTORY DUTY OF CARE
section: 3A
title: Trustees’ statutory duty of care
content:
3A. —(1) In exercising any power, carrying out any duty or doing any act referred to in the First Schedule, a trustee must exercise such care and skill as is reasonable in the circumstances, having regard in particular — ( a ) to any special knowledge or experience that the trustee has or holds himself or herself out as having; and ( b ) if the trustee acts as trustee in the course of a business or profession, to any special knowledge or experience that may reasonably be expected of a person acting in the course of that kind of business or profession. (2) This section applies in relation to trusts whether created before, on or after 15 December 2004 except if, or insofar as, it appears from the trust instrument that the requirements of subsection (1) are not meant to apply.


document_id: ta-1967
provision_ref: s4
chapter: PART 2 - INVESTMENTS
section: 4
title: General power of investment
content:
4. —(1) Subject to the provisions of this Act — ( a ) a trustee may make any kind of investment that the trustee could have made if the trustee were absolutely entitled to the assets of the trust; and ( b ) without limiting paragraph ( a ), a trustee may — (i) invest any funds in the trustee’s hands, whether at the time in a state of investment or not, in any manner specified in Part I, II or III of the First Schedule in force immediately before 15 December 2004; and (ii) from time to time vary any such investment. [2/2012] (2) For the purpose of subsection (1), “investment” includes investment in assets that do not yield any income. (3) This section applies in relation to trusts whether created before, on or after 15 December 2004.


document_id: ta-1967
provision_ref: s5
chapter: PART 2 - INVESTMENTS
section: 5
title: Standard investment criteria
content:
5. —(1) In exercising any power of investment, whether arising under this Part or otherwise, a trustee must have regard to the standard investment criteria. (2) A trustee must, from time to time, review the investments of the trust and consider whether, having regard to the standard investment criteria, they should be varied. (3) The standard investment criteria, in relation to a trust, are — ( a ) the suitability to the trust of investments of the same kind as any particular investment proposed to be made or retained and of that particular investment as an investment of that kind; and ( b ) the need for diversification of investments of the trust, insofar as is appropriate to the circumstances of the trust. (4) This section applies in relation to trusts whether created before, on or after 15 December 2004.


document_id: ta-1967
provision_ref: s6
chapter: PART 2 - INVESTMENTS
section: 6
title: Advice
content:
6. —(1) Except as otherwise provided by subsection (3), a trustee must, before exercising any power of investment, whether arising under this Part or otherwise, obtain and consider proper advice about the way in which the power should be exercised, having regard to the standard investment criteria. (2) Except as otherwise provided by subsection (3), a trustee must, when reviewing the investments of the trust, obtain and consider proper advice about whether the investments should be varied, having regard to the standard investment criteria. (3) A trustee need not obtain the advice required under subsection (1) or (2) if the trustee reasonably concludes that in all the circumstances it is unnecessary or inappropriate to do so. (4) In this section, “proper advice” means the advice of a person who is reasonably believed by the trustee to be qualified to give such advice by the person’s ability in and practical experience of financial and other matters relating to the proposed investment. (5) This section applies in relation to trusts whether created before, on or after 15 December 2004.


document_id: ta-1967
provision_ref: s7
chapter: PART 2 - INVESTMENTS
section: 7
title: Power to retain investment which has ceased to be authorised
content:
7. A trustee shall not be liable for breach of trust by reason only of the trustee continuing to hold an investment which has ceased to be an investment authorised by the trust instrument or by this Act. 8. [ Repealed by Act 45 of 2004 ]


document_id: ta-1967
provision_ref: s9
chapter: PART 2 - INVESTMENTS
section: 9
title: Loans and investments by trustees not chargeable as breaches of trust
content:
9. —(1) A trustee lending money on the security of any property on which the trustee can properly lend is not chargeable with breach of trust by reason only of the proportion borne by the amount of the loan to the value of the property at the time when the loan was made, if it appears to the court that — ( a ) in making the loan the trustee was acting upon proper advice obtained in accordance with section 6; and ( b ) the amount of the loan does not exceed two‑thirds of the value of the property as stated in the report made by the person giving proper advice in accordance with section 6. (2) This section applies to transfers of existing securities as well as to new securities and to investments made before, on or after 26 June 1992.


document_id: ta-1967
provision_ref: s10
chapter: PART 2 - INVESTMENTS
section: 10
title: Liability for loss by reason of improper investment
content:
10. —(1) Where a trustee improperly advances trust money on a mortgage security which would at the time of the investment be a proper investment in all respects for a smaller sum than is actually advanced on the security, the security is deemed to be an authorised investment for the smaller sum, and the trustee is only liable to make good the sum advanced in excess of the smaller sum with interest. (2) This section applies to investments made before, on or after 26 June 1992.


document_id: ta-1967
provision_ref: s11
chapter: PART 2 - INVESTMENTS
section: 11
title: Powers supplementary to powers of investment
content:
11. —(1) Trustees lending money on the security of any property on which they can lawfully lend may contract that such money must not be called in during any period not exceeding 5 years from the time when the loan was made, provided that — ( a ) interest be paid within a specified time not exceeding 10 days after every monthly or other day on which it becomes due; and ( b ) there be no breach of any covenant by the mortgagor contained in the instrument of mortgage or charge for the maintenance and protection of the property. (2) On a sale by trustees of land for an estate in fee simple, or held under a grant issued under the State Lands Act 1920, or for a term having at least 30 years to run, the trustees may, where the proceeds are liable to be invested, contract that the payment of any part, not exceeding two-thirds, of the purchase money must be secured by mortgage of the land sold, with or without the security of any other property, but such mortgage, if any buildings are comprised in the mortgage, must contain a covenant by the mortgagor to keep those buildings insured against loss or damage by fire to the full value of the buildings. (3) Where any securities of a company are subject to a trust, the trustees may concur in any scheme or arrangement — ( a ) for the reconstruction of the company; ( b ) for the sale of any or any part of the property and undertaking of the company to another company; ( c ) for the acquisition of the securities of the company, or of control of the securities, by another company; ( d ) for the amalgamation of the company with another company; ( e ) for the release, modification, or variation of any rights, privileges or liabilities attached to the securities or any of them, in the like manner as if they were entitled to those securities beneficially, with power to accept any securities of any denomination or description of the reconstructed or purchasing or new company in lieu of or in exchange for all or any of the firstmentioned securities. (4) The trustees shall not be responsible for any loss occasioned by any act or thing so done if they have discharged the statutory duty of care, and may retain any securities so accepted as specified in subsection (3) for any period for which they could have properly retained the original securities. (5) If any conditional or preferential right to subscribe for any securities in any company is offered to trustees in respect of any holding in the company, they may, as to all or any of the securities, either exercise that right and apply capital money subject to the trust in payment of the consideration, or renounce that right, or assign for the best consideration that can be reasonably obtained the benefit of that right or the title to it to any person, including any beneficiary under the trust, without being responsible for any loss occasioned by any act or thing so done by them if they have discharged the statutory duty of care. (6) The consideration for any assignment referred to in subsection (5) must be held as capital money of the trust. (7) The powers conferred by this section are exercisable subject to the consent of any person whose consent to a change of investment is required by law or by the instrument (if any) creating the trust. (8) Where the loan mentioned in subsection (1), or the sale mentioned in subsection (2), is made under the order of the court, the powers conferred by those subsections, respectively, apply only if and as far as the court may by order direct.


document_id: ta-1967
provision_ref: s12
chapter: PART 2 - INVESTMENTS
section: 12
title: Power to deposit at bank, to pay calls and to purchase dwelling house for beneficiary
content:
12. —(1) Trustees may, pending the negotiation and preparation of any mortgage or charge, or during any other time while an investment is being sought for, pay any trust money into a bank to deposit or other account, and all interest (if any) payable in respect of the money must be applied as income. (2) Trustees may apply capital money subject to a trust in payment of the calls on any shares subject to the same trust. (3) Trustees may — ( a ) where they are of the opinion that it is desirable to purchase a dwelling house for the use of any beneficiary under the trust, purchase a dwelling house with any trust funds, whether at the time in a state of investment or not; or ( b ) retain any dwelling house that forms part of the trust despite any trust for conversion contained in the instrument creating the trust, and permit the beneficiary to reside in the dwelling house upon such terms and conditions consistent with the trust and the extent of the interest of the beneficiary as the trustee thinks fit. (4) In subsection (3), “dwelling house” means a place of residence and includes a building or tenement wholly or principally used, constructed or adapted for human habitation.


document_id: ta-1967
provision_ref: s13
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 13
title: Power of trustees for sale to sell by auction, etc.
content:
13. —(1) Where a trust for sale or a power of sale of property is vested in a trustee, the trustee may sell or concur with any other person in selling all or any part of the property, either subject to prior charges or not, and either together or in lots, by public auction or by private contract, subject to any such conditions respecting title or evidence of title or other matter as the trustee thinks fit, with power to vary any contract for sale, and to buy in at any auction, or to rescind any contract for sale and to resell, without being answerable for any loss. (2) A trust or power to sell or dispose of land includes a trust or power to sell or dispose of part of the land, whether the division is horizontal, vertical, or made in any other way.


document_id: ta-1967
provision_ref: s14
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 14
title: Power to sell subject to depreciatory conditions
content:
14. —(1) No sale made by a trustee may be impeached by any beneficiary upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it also appears that the consideration for the sale was thereby rendered inadequate. (2) No sale made by a trustee may, after the execution of the conveyance, be impeached as against the purchaser upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it appears that the purchaser was acting in collusion with the trustee at the time when the contract for sale was made. (3) No purchaser, upon any sale made by a trustee, is at liberty to make any objection against the title upon any of the grounds as mentioned in subsection (2). (4) This section applies to sales made before, on or after 1 September 1929.


document_id: ta-1967
provision_ref: s15
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 15
title: Power of trustees to give receipts
content:
15. —(1) The written receipt of a trustee for any money, securities, investments or other personal property or effects payable, transferable or deliverable to the trustee under any trust or power — ( a ) is a sufficient discharge to the person paying, transferring or delivering the same; and ( b ) effectually exonerates the person from seeing to the application or being answerable for any loss or misapplication thereof. (2) This section does not, except where the trustee is a trust corporation, enable a sole trustee to give a valid receipt for the proceeds of sale or other capital money arising under a trust for sale of land. (3) Despite anything to the contrary in a disposition on trust for sale of land or in the settlement of the net proceeds, the proceeds of sale or other capital money arising under the disposition must not be paid to or applied by the direction of fewer than 2 persons as trustees of the disposition, except where the trustee is a trust corporation. (4) Subsection (3) does not affect the right of a sole personal representative as such to give valid receipts for or direct the application of the proceeds of sale or other capital money mentioned in that subsection; nor, except where capital money arises on a transaction, render it necessary to have more than one trustee. (5) This section applies despite anything to the contrary in the instrument (if any) creating the trust.


document_id: ta-1967
provision_ref: s16
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 16
title: Power to compound liabilities
content:
16. —(1) A personal representative, or 2 or more trustees acting together, or, subject to the restrictions imposed in regard to receipts by a sole trustee not being a trust corporation, a sole acting trustee where by the instrument (if any) creating the trust, or by statute, a sole trustee is authorised to execute the trusts and powers reposed in him or her, may, if and as he, she or they think fit — ( a ) accept any property before the time at which it is made transferable or payable; ( b ) sever and apportion any blended trust funds or property; ( c ) pay or allow any debt or claim on any evidence that he, she or they think sufficient; ( d ) accept any composition or any security for any debt or for any property claimed; ( e ) allow any time for payment of any debt; or ( f ) compromise, compound, abandon, submit to arbitration or otherwise settle any debt, account, claim or thing whatever relating to the testator’s or intestate’s estate or to the trust. (2) For any of the purposes mentioned in subsection (1)( a ) to ( f ), any of those persons may enter into, give, execute and do any agreements, instruments of composition or arrangement, releases, and other things as to him, her or them seem expedient, without being responsible for any loss occasioned by any act or thing so done by him, her or them if he or she has or they have discharged the statutory duty of care.


document_id: ta-1967
provision_ref: s17
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 17
title: Powers of trustees of renewable leaseholds to renew and raise money for the purpose
content:
17. —(1) A trustee of any leaseholds for lives or years which are renewable from time to time either under any covenant or contract, or by custom or usual practice, may, if the trustee thinks fit, and must, if required by any person having any beneficial interest, present or future, or contingent, in the leaseholds, use the trustee’s best endeavours to obtain from time to time a renewed lease of the same hereditaments on the accustomed and reasonable terms, and for that purpose may, from time to time, make or concur in making a surrender of the lease for the time being subsisting, and do all other requisite acts. (2) Where by the terms of the settlement or will the person in possession for his or her life or other limited interest is entitled to enjoy the same without any obligation to renew or to contribute to the expense of renewal, this section does not apply unless the written consent of that person is obtained to the renewal on the part of the trustee. (3) If money is required to pay for the renewal, the trustee effecting the renewal may pay the same out of any money then in the trustee’s hands in trust for the persons beneficially interested in the lands to be comprised in the renewed lease, and if the trustee has not in the trustee’s hands sufficient money for the purpose the trustee may raise the money required by mortgage of the hereditaments to be comprised in the renewed lease or of any other hereditaments for the time being subject to the uses or trusts to which those hereditaments are subject. (4) No person advancing money upon a mortgage purporting to be under subsection (3), is bound to see that the money is wanted, or that no more is raised than is wanted for the purpose, or otherwise as to the application of the money.


document_id: ta-1967
provision_ref: s18
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 18
title: Power to raise money by sale, mortgage, etc.
content:
18. —(1) Where trustees are authorised by the instrument (if any) creating the trust or by law to pay or apply capital money subject to the trust for any purpose or in any manner, they have and are deemed always to have had power to raise the money required by sale, conversion, calling in, or mortgage of all or any part of the trust property for the time being in possession. (2) This section applies despite anything to the contrary contained in the instrument (if any) creating the trust, but does not apply to trustees of property held for charitable purposes.


document_id: ta-1967
provision_ref: s19
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 19
title: Protection to purchasers and mortgagees dealing with trustees
content:
19. No purchaser or mortgagee, paying or advancing money on a sale or mortgage purporting to be made under any trust or power vested in trustees, needs to be concerned to see that the money is wanted, or that no more is raised than is wanted, or otherwise as to the application of the money.


document_id: ta-1967
provision_ref: s20
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 20
title: Devolution of powers or trusts
content:
20. —(1) Where a power or trust is given to or imposed on 2 or more trustees jointly, the same may be exercised or performed by the survivors or survivor of them for the time being. (2) Until the appointment of new trustees, the personal representatives or representative for the time being of a sole trustee, or, where there were 2 or more trustees, of the last surviving or continuing trustee, is capable of exercising or performing any power or trust which was given to, or capable of being exercised by, the sole or last surviving or continuing trustee, or other trustees or trustee for the time being of the trust. (3) This section takes effect subject to the restrictions imposed in regard to receipts by a sole trustee, not being a trust corporation. (4) In this section, “personal representative” does not include an executor who has renounced or has not proved.


document_id: ta-1967
provision_ref: s21
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 21
title: Power to insure
content:
21. —(1) A trustee may — ( a ) insure any property which is subject to the trust against risks of loss or damage due to any event; and ( b ) pay the premiums out of the trust funds. (2) In the case of property held on a bare trust, the power to insure is subject to any direction given by the beneficiary or each of the beneficiaries that any property specified in the direction — ( a ) is not to be insured; or ( b ) is not to be insured except on such conditions as may be specified. (3) If a direction under subsection (2) is given, the power to insure, so far as it is subject to the direction, ceases to be a delegable function for the purposes of section 41B. (4) For the purposes of this section — ( a ) property is held on a bare trust if it is held on trust for — (i) a beneficiary who is of full age and capacity and absolutely entitled to the property subject to the trust; or (ii) beneficiaries each of whom is of full age and capacity and who (taken together) are absolutely entitled to the property subject to the trust; and ( b ) “trust funds” means any income or capital funds of the trust. (5) This section applies in relation to trusts whether created before, on or after 15 December 2004.


document_id: ta-1967
provision_ref: s22
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 22
title: Application of insurance money where policy kept up under any trust, power or obligation
content:
22. —(1) Money receivable by trustees or any beneficiary under a policy of insurance against the loss or damage of any property that is subject to a trust is capital money for the purpose of the trust, where the policy has been kept up under any trust in that behalf or under any power statutory or otherwise, or in the performance of any covenant or of any obligation statutory or otherwise, or by a tenant for life impeachable for waste. (2) If any such money is receivable by any person, other than the trustees of the trust, that person must use that person’s best endeavours to recover and receive the money, and must pay the net residue of the money after discharging any costs of recovering and receiving it, to the trustees of the trust, or, if there are no trustees capable of giving a discharge, into court. (3) Any such money must — ( a ) if it was receivable in respect of property held upon trust for sale, be held upon the trusts and subject to the powers and provisions applicable to money arising by a sale under such trust; and ( b ) in any other case, be held upon trusts corresponding as nearly as may be with the trusts affecting the property in respect of which it was payable. (4) Such money, or any part of it, may also be applied by the trustees, or, if in court, under the direction of the court, in rebuilding, reinstating, replacing or repairing the property lost or damaged, but any such application by the trustees is subject to the consent of any person whose consent is required by the instrument (if any) creating the trust to the investment of money subject to the trust. (5) Nothing in this section affects the right of any person to require any such money or any part of the money to be applied in rebuilding, reinstating, replacing or repairing the property lost or damaged, or the right of any mortgagee, lessor or lessee, whether under any statute or otherwise. (6) This section applies to policies effected either before, on or after 1 September 1929, but only to money received on or after that date. 23. [ Repealed by Act 45 of 2004 ]


document_id: ta-1967
provision_ref: s24
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 24
title: Reversionary interests, valuations and audit
content:
24. —(1) Where trust property includes any share or interest in property not vested in the trustees, or the proceeds of the sale of any such property, or any other thing in action, the trustees on the same falling into possession, or becoming payable or transferable, may — ( a ) agree or ascertain the amount or value thereof or any part thereof in any manner that they think fit; ( b ) accept in or towards satisfaction thereof, at the market or current value, or upon any valuation or estimate of value which they think fit, any authorised investments; ( c ) allow any deductions for duties, costs, charges and expenses which they think proper or reasonable; ( d ) execute any release in respect of the premises so as effectually to discharge all accountable parties from all liability in respect of any matters coming within the scope of the release, without being responsible in any such case for any loss occasioned by any act or thing so done by them if they have discharged the statutory duty of care. (2) The trustees are not under any obligation and are not chargeable with any breach of trust by reason of any omission — ( a ) to apply for any stop or other similar order upon any securities or other property out of or on which any share or interest or other thing in action mentioned in subsection (1) is derived, payable or charged; or ( b ) to take any proceedings on account of any act, default or neglect on the part of the persons in whom those securities or other property or any of them or any part of them is for the time being, or had at any time been, vested, unless required in writing to do so by some person, or the guardian of some person, beneficially interested under the trust, and unless also due provision is made to their satisfaction for payment of the costs of any proceedings required to be taken. (3) Nothing in subsection (2) relieves the trustees of the obligation to get in and obtain payment or transfer of the share or interest or other thing in action on the same falling into possession. (4) Trustees may, for the purpose of giving effect to the trust, or any of the provisions of the instrument (if any) creating the trust or of any statute, from time to time (by duly qualified agents) ascertain and fix the value of any trust property in any manner that they think proper and any valuation so made in discharge of the statutory duty of care is binding upon all persons interested under the trust. (5) Trustees may, in their absolute discretion, from time to time, but not more than once in every year unless the nature of the trust or any special dealings with the trust property make a more frequent exercise of the right reasonable, cause the accounts of the trust property to be examined or audited by an independent accountant, and must, for that purpose, produce such vouchers and give such information to the accountant as the accountant may require. (6) The costs of the examination or audit, including the fee of the auditor, must be paid out of the capital or income of the trust property, or partly in one way and partly in the other as the trustees, in their absolute discretion, think fit, but, in default of any direction by the trustees to the contrary in any special case, costs attributable to capital must be borne by capital and those attributable to income by income. 25. [ Repealed by Act 45 of 2004 ]


document_id: ta-1967
provision_ref: s26
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 26
title: Power to concur with others
content:
26. Where an undivided share in the proceeds of sale of land directed to be sold, or in any other property, is subject to a trust, or forms part of the estate of a testator or intestate, the trustees or personal representatives may (without prejudice to the trust for sale affecting the entirety of the land and the powers of the trustees for sale in reference to the trust for sale) execute or exercise any trust or power vested in them in relation to that share in conjunction with the persons entitled to or having power in that behalf over the other share or shares, and even though any one or more of the trustees or personal representatives may be entitled to or interested in any such other share, either in his, her or their own right or in a fiduciary capacity.


document_id: ta-1967
provision_ref: s27
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 27
title: Delegation of trustee’s functions by power of attorney
content:
27. —(1) Despite any rule of law or equity to the contrary, a trustee may, by power of attorney, delegate the execution or exercise of all or any trusts, powers and discretions vested in the trustee as trustee either alone or jointly with any other person or persons. (2) A delegation under this section — ( a ) commences as provided by the instrument creating the power or, if the instrument makes no provision as to the commencement of the delegation, on the date of the execution of the instrument by the donor; and ( b ) continues for a period of 18 months or any shorter period provided by the instrument creating the power. (3) The persons who may be donees of a power of attorney under this section include a trust corporation. (4) Before or within 7 days after giving a power of attorney under this section, the donor must give written notice of it (specifying the date on which the power comes into operation and its duration, the donee of the power, the reason why the power is given and, where only some trusts, powers and discretions are delegated, the trusts, powers and discretions delegated) to — ( a ) each person (other than the donor), if any, who under any instrument creating the trust has power (whether alone or jointly) to appoint a new trustee; and ( b ) each of the other trustees, if any, but failure to comply with this subsection does not, in favour of a person dealing with the donee of the power, invalidate any act done or instrument executed by the donee. (5) A power of attorney given under this section by a single donor — ( a ) in the form set out in the Third Schedule; or ( b ) in a form to the like effect but expressed to be made under this subsection, operates to delegate to the person, identified in the form as the single donee of the power, the execution and the exercise of all the trusts, powers and discretions vested in the donor as trustee (either alone or jointly with any other person or persons) under the single trust so identified. (6) The donor of a power of attorney given under this section shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor. (7) For the purpose of executing or exercising the trusts or powers delegated to the donee, the donee may exercise any of the powers conferred on the donor as trustee by statute or by the instrument creating the trust, including power, for the purpose of the transfer of any inscribed stock or securities, for the donee to delegate to an attorney the power to transfer, but not including the power of delegation conferred by this section. (8) The fact that it appears from any power of attorney given under this section, or from any evidence required for the purposes of any such power of attorney or otherwise, that in dealing with any stock or securities the donee of the power is acting in the execution of a trust, is not deemed for any purpose to affect — ( a ) the Depository (as defined in section 81SF of the Securities and Futures Act 2001); ( b ) any person in whose books the stock is inscribed or registered; or ( c ) the issuer of the securities, with any notice of the trust. [36/2014] (9) This section applies to a personal representative as it applies to a trustee except that subsection (4) applies as if it required the notice mentioned in it to be given to each of the other personal representatives (if any) except any executor who has renounced probate. Indemnities


document_id: ta-1967
provision_ref: s28
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 28
title: Protection against liability in respect of rents and covenants
content:
28. —(1) This section applies to a personal representative or trustee liable as such for — ( a ) any rent, covenant or agreement reserved by or contained in any lease; ( b ) any rent, covenant or agreement payable under or contained in any grant made in consideration of a rentcharge; or ( c ) any indemnity given in respect of any rent, covenant or agreement mentioned in paragraph ( a ) or ( b ). (2) Where a personal representative or trustee mentioned in subsection (1) — ( a ) satisfies all liabilities under the lease or grant which may have accrued and been claimed, up to the date of any conveyance mentioned in paragraph ( c ); and ( b ) where necessary, sets apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum which the lessee or grantee agreed to lay out on the property demised or granted, although the period for laying out the same may not have arrived, then and in any such case the personal representative or trustee — ( c ) may convey the property demised or granted to a purchaser, legatee, devisee, or other person entitled to call for a conveyance of the property; and ( d ) may then distribute the residuary estate of the deceased testator or intestate, or (as the case may be) the trust estate (other than the fund, if any, set apart as referred to in paragraph ( b )) to or among the persons entitled to it, without appropriating any part, or any further part (as the case may be) of the estate of the deceased or of the trust estate to meet any future liability under the lease or grant. (3) Despite any distribution referred to in subsection (2)( d ), the personal representative or trustee shall not be personally liable in respect of any subsequent claim under the lease or grant. (4) This section — ( a ) operates without affecting the right of the lessor or grantor, or the persons deriving title under the lessor or grantor, to follow the assets of the deceased or the trust property into the hands of the persons among whom the same may have been respectively distributed; and ( b ) applies despite anything to the contrary in the will or other instrument (if any) creating the trust. (5) In this section — “grant” applies to a grant whether the rent is created by limitation, grant, reservation, or otherwise, and includes an agreement for a grant and any instrument giving any indemnity mentioned in subsection (1) or varying the liabilities under the grant; “lease” includes an underlease and an agreement for a lease or underlease and any instrument giving any indemnity mentioned in subsection (1) or varying the liabilities under the lease; “lessee” and “grantee” include persons respectively deriving title under them.


document_id: ta-1967
provision_ref: s29
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 29
title: Protection by means of advertisement
content:
29. —(1) With a view to the conveyance to or distribution among the persons entitled to any movable or immovable property, the trustees or personal representatives may give notice by advertisement in the Gazette , and such other similar notices (including notices elsewhere than in Singapore) as would, in any special case, have been directed by a court of competent jurisdiction in an action for administration, of their intention to make the conveyance or distribution and requiring any person interested to send to the trustees or personal representatives within the time, being at least 2 months, fixed in the notice or, where more than one notice is given, in the last of the notices, particulars of the person’s claim in respect of the property or any part of the property to which the notice relates. (2) At the expiry of the time fixed by the notice, the trustees or personal representatives may convey or distribute the property or any part of the property to which the notice relates, to or among the persons entitled to the property, having regard only to the claims whether formal or not, of which the trustees or personal representatives then had notice and shall not, as respects the property so conveyed or distributed, be liable to any person of whose claim the trustees or personal representatives have not had notice at the time of conveyance or distribution. (3) Nothing in this section — ( a ) affects the right of any person to follow the property, or any property representing the same, into the hands of any person, other than a purchaser, who may have received it; or ( b ) frees the trustees or personal representatives from any obligation to make searches similar to those which an intending purchaser would be advised to make or obtain. (4) This section applies despite anything to the contrary in the will or other instrument (if any) creating the trust.


document_id: ta-1967
provision_ref: s30
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 30
title: Protection in regard to notice
content:
30. A trustee or personal representative acting for the purposes of more than one trust or estate is not, in the absence of fraud, affected by notice of any instrument, matter, fact or thing in relation to any particular trust or estate if the trustee or representative has obtained notice thereof merely by reason of the trustee’s or representative’s acting or having acted for the purposes of another trust or estate.


document_id: ta-1967
provision_ref: s31
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 31
title: Exoneration of trustees in respect of certain powers of attorney
content:
31. —(1) A trustee acting or paying money in good faith under or pursuant to any power of attorney shall not be liable for any such act or payment by reason of the fact that at the time of the act or payment the person who gave the power of attorney was subject to any disability or bankrupt or dead, or had done or suffered some act or thing to avoid the power, if this fact was not known to the trustee at the time of the act or payment. (2) Nothing in this section affects the right of any person entitled to the money against the person to whom the payment is made. (3) The person so entitled has the same remedy against the person to whom the payment is made as the person so entitled would have had against the trustee.


document_id: ta-1967
provision_ref: s32
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 32
title: Implied indemnity of trustees
content:
32. A trustee is — ( a ) chargeable only for money and securities actually received by the trustee despite signing any receipt for the sake of conformity; and ( b ) answerable and accountable only for the trustee’s own acts, receipts, neglects or defaults, and not for those of any other trustee, or of any banker, broker or other person with whom any trust money or securities may be deposited, nor for the insufficiency or deficiency of any securities, nor for any other loss, unless the same happens through the trustee’s wilful default. Maintenance, advancement and protective trusts


document_id: ta-1967
provision_ref: s33
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 33
title: Power to apply income for maintenance and to accumulate surplus income during a minority
content:
33. —(1) Where any property is held by trustees in trust for any person for any interest, whether vested or contingent, then, subject to any prior interests or charges affecting that property — ( a ) during the infancy of that person, so long as his or her interest continues, the trustees may, at their sole discretion, pay to his or her parent or guardian (if any) or otherwise apply for or towards his or her maintenance, education or benefit, the whole or such part (if any) of the income of that property as may, in all the circumstances, be reasonable, whether or not there is — (i) any other fund applicable to the same purpose; or (ii) any person bound by law to provide for his or her maintenance or education; and ( b ) if that person on attaining 21 years of age has not a vested interest in the income, the trustees must from that time pay the income of that property and of any accretion mentioned in subsection (3) to him or her, until he or she either attains a vested interest in the income or dies, or until failure of his or her interest. (2) In deciding whether the whole or any part of the income of the property is during a minority to be paid or applied for the purposes mentioned in subsection (1), the trustees must have regard to the age of the infant and the infant’s requirements and generally to the circumstances of the case, and in particular to what other income (if any) is applicable for the same purposes; and where trustees have notice that the income of more than one fund is applicable for those purposes, then, so far as practicable, unless the entire income of the funds is paid or applied as mentioned in subsection (1) or the court otherwise directs, a proportionate part only of the income of each fund must be so paid or applied. (3) During the infancy of the person, so long as his or her interest continues, the trustees must accumulate all the residue of that income by investing it, and any profits from so investing it, from time to time in authorised investments, and must hold those accumulations as follows: ( a ) if the person — (i) attains 21 years of age, or marries under that age, and his or her interest in the income during his or her infancy or until marriage is a vested interest; or (ii) on attaining 21 years of age, or on marriage under that age, becomes entitled to the property from which the income arose in fee simple, absolute or determinable, or under a grant issued under the State Lands Act 1920 or absolutely, the trustees must hold the accumulations in trust for that person absolutely, and so that the receipt of that person after marriage, and though still an infant, is a good discharge; and ( b ) in any other case the trustees must, even though the person had a vested interest in the income, hold the accumulations as an accretion to the capital of the property from which the accumulations arose, and as one fund with such capital for all purposes, but the trustees may, at any time during the infancy of the person, so long as his or her interest continues, apply all or part of those accumulations as if they were income arising in the then current year. (4) This section applies in the case of a contingent interest only if the limitation or trust carries the intermediate income of the property, but it applies to a future or contingent legacy by the parent of, or a person standing in loco parentis to, the legatee, if and for such period as, under the general law, the legacy carries interest for the maintenance of the legatee, and in the latter case the rate of interest is (if the income available is sufficient and subject to any provision of the Rules of Court to the contrary) 5% per annum. (5) This section applies to a vested annuity in the same manner as if the annuity were the income of property held by trustees in trust to pay the income to the annuitant for the same period for which the annuity is payable, except that in any case accumulations made during the infancy of the annuitant must be held in trust for the annuitant or the annuitant’s personal representatives absolutely. (6) This section does not apply where the instrument (if any) under which the interest arises came into operation before 1 September 1929.


document_id: ta-1967
provision_ref: s34
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 34
title: Power of advancement
content:
34. —(1) Trustees may at any time pay or apply any capital money subject to a trust, for the advancement or benefit in any manner that they may, in their absolute discretion, think fit, of any person entitled to the capital of the trust property or of any share thereof, whether absolutely or contingently on the person attaining any specified age or on the occurrence of any other event, or subject to a gift over on the person’s death under any specified age or on the occurrence of any other event, and whether in possession or in remainder or reversion. (2) Any payment or application may be made under subsection (1) even though the person’s interest is liable to be defeated by the exercise of a power of appointment or revocation, or to be diminished by the increase of the class to which the person belongs. (3) The money paid or applied under subsection (1) for the advancement or benefit of any person must not exceed altogether in amount one‑half of the presumptive or vested share or interest of that person in the trust property; and if that person is or becomes absolutely and indefeasibly entitled to a share in the trust property the money so paid or applied must be brought into account as part of such share. (4) No payment or application may be made under subsection (1) so as to affect any person’s entitlement to any prior life or other interest, whether vested or contingent, in the money paid or applied unless that person is in existence and of full age and consents in writing to the payment or application. (5) This section does not apply to trusts constituted or created before 1 September 1929.


document_id: ta-1967
provision_ref: s35
chapter: PART 3 - GENERAL POWERS OF TRUSTEES AND
section: 35
title: Protective trusts
content:
35. —(1) Where any income, including an annuity or other periodical income payment, is directed to be held on protective trusts for the benefit of any person (called in this section the principal beneficiary) for the period of the person’s life or for any less period, then, during the period (called in this section the trust period) such income must, without prejudice to any prior interest, be held on the following trusts: ( a ) upon trust for the principal beneficiary during the trust period or until the principal beneficiary, whether before or after the termination of any prior interest, does or attempts to do or suffers any act or thing, or until any event happens, other than an advance under any statutory or express power, whereby, if the income were payable during the trust period to the principal beneficiary absolutely during that period, the principal beneficiary would be deprived of the right to receive the same or any part of it, in any of which cases, as well as on the termination of the trust period, whichever first happens, this trust of the income fails or determines; ( b ) if the trust referred to in paragraph ( a ) fails or determines during the subsistence of the trust period, then, during the residue of that period, the income must be held upon trust to be applied for the maintenance or support, or otherwise for the benefit, of all or any one or more exclusively of the other or others of the following persons as the trustees in their absolute discretion, without being liable to account for the exercise of their discretion, think fit: (i) the principal beneficiary and his or her wife or husband (if any) and his or her children or more remote issue, if any; or (ii) if there is no wife or husband or issue of the principal beneficiary in existence, the principal beneficiary and the persons who would, if the principal beneficiary were actually dead, be entitled to the trust property or its income or to the annuity fund (if any) or arrears of the annuity, as the case may be. (2) This section does not apply to trusts coming into operation before 1 September 1929 and has effect subject to any variation of the implied trusts aforesaid contained in the instrument creating the trust. (3) Nothing in this section operates to validate any trust which would, if contained in the instrument creating the trust, be liable to be set aside.


document_id: ta-1967
provision_ref: s36
chapter: PART 4 - APPOINTMENT AND DISCHARGE OF TRUSTEES
section: 36
title: Limitation of the number of trustees
content:
36. —(1) In the case of settlements and dispositions on trust of property, whether movable or immovable, made or coming into operation on or after 1 September 1929 — ( a ) the number of trustees must not in any case exceed 4, and where more than 4 persons are named as trustees, the 4 first named (who are able and willing to act) must alone be the trustees, and the other persons named must not be trustees unless appointed on the occurrence of a vacancy; and ( b ) the number of the trustees must not be increased beyond 4. (2) The restrictions imposed on the number of trustees do not apply in the case of property vested in trustees for charitable, religious or public purposes.


document_id: ta-1967
provision_ref: s37
chapter: PART 4 - APPOINTMENT AND DISCHARGE OF TRUSTEES
section: 37
title: Power of appointing new or additional trustees
content:
37. —(1) Where a trustee, either original or substituted, and whether appointed by a court or otherwise — ( a ) is dead; ( b ) remains out of Singapore for more than 12 months; ( c ) desires to be discharged from all or any of the trusts or powers reposed in or conferred on the trustee; ( d ) refuses or is unfit to act in the trust; ( e ) is incapable of acting in the trust; or ( f ) is an infant, then, subject to the restrictions imposed by this Act on the number of trustees — ( g ) the person or persons nominated for the purpose of appointing new trustees by the instrument (if any) creating the trust; or ( h ) if there is no such person, or no such person able and willing to act, then the surviving or continuing trustees or trustee for the time being, or the personal representatives of the last surviving or continuing trustee, may, by writing, appoint one or more other persons (whether or not being the persons exercising the power) to be a trustee or trustees in the place of the trustee so deceased, remaining out of Singapore, desiring to be discharged, refusing, or being unfit or being incapable, or being an infant. (2) Where a trustee has been removed under a power contained in the instrument creating the trust, a new trustee or new trustees may be appointed in the place of the trustee who is removed, as if the removed trustee were dead, or, in the case of a corporation, as if the corporation desired to be discharged from the trust, and this section applies accordingly, but subject to the restrictions imposed by this Act on the number of trustees. (3) Where a corporation being a trustee is or has been dissolved, either before, on or after 1 September 1929, then, for the purposes of this section and of any written law replaced by this section, the corporation is deemed to be and to have been from the date of the dissolution incapable of acting in the trusts or powers reposed in or conferred on the corporation. (4) The power of appointment given by subsection (1) or any similar previous written law to the personal representatives of a last surviving or continuing trustee is and is deemed always to have been exercisable by the executors for the time being (whether original or by representation) of the surviving or continuing trustee who have proved the will of their testator or by the administrators for the time being of such trustee without the concurrence of any executor who has renounced or has not proved. (5) But a sole or last surviving executor intending to renounce, or all the executors where they all intend to renounce, has or have and is or are deemed always to have had power, at any time before renouncing probate, to exercise the power of appointment given by this section, or by any similar previous written law, if willing to act for that purpose and without thereby accepting the office of executor. (6) Where a sole trustee, other than a trust corporation, is or has been originally appointed to act in a trust, or where, in the case of any trust, there are not more than 3 trustees (none of them being a trust corporation) either original or substituted and whether appointed by the court or otherwise, then and in any such case — ( a ) the person or persons nominated for the purpose of appointing new trustees by the instrument (if any) creating the trust; or ( b ) if there is no such person, or no such person able and willing to act, then the trustee or trustees for the time being, may, by writing, appoint another person or other persons to be an additional trustee or additional trustees. (7) It is not obligatory to appoint any additional trustee under subsection (6) unless the instrument (if any) creating the trust, or any written law provides to the contrary, nor is the number of trustees to be increased beyond 4 by virtue of any such appointment. (8) Every new trustee appointed under this section, as well before as after all the trust property becomes by law, or by assurance, or otherwise, vested in the new trustee, has the same powers, authorities and discretions, and may in all respects act as if the new trustee had been originally appointed a trustee by the instrument (if any) creating the trust. (9) The provisions of this section relating to a trustee who is dead include the case of a person nominated a trustee in a will but dying before the testator, and those relative to a continuing trustee include a refusing or retiring trustee, if willing to act in the execution of the provisions of this section. (10) Where a trustee lacks capacity (within the meaning of the Mental Capacity Act 2008) to exercise his or her functions as trustee and is also entitled in possession to some beneficial interest in the trust property, no appointment of a new trustee in his or her place is to be made by the continuing trustees or trustee, under this section, unless permission has been given by the court to make the appointment. [21/2008] [Act 25 of 2021 wef 01/04/2022]


document_id: ta-1967
provision_ref: s38
chapter: PART 4 - APPOINTMENT AND DISCHARGE OF TRUSTEES
section: 38
title: Supplemental provisions as to appointment of trustees
content:
38. —(1) On the appointment of a trustee for the whole or any part of trust property — ( a ) the number of trustees may, subject to the restrictions imposed by this Act on the number of trustees, be increased; ( b ) a separate set of trustees, not exceeding 4, may be appointed for any part of the trust property held on trusts distinct from those relating to any other part or parts of the trust property, even though no new trustees or trustee are or is to be appointed for other parts of the trust property, and any existing trustee may be appointed or remain one of such separate set of trustees, or, if only one trustee was originally appointed, then, except as hereinafter provided, one separate trustee may be appointed; ( c ) it is not obligatory, except as hereinafter provided, to appoint more than one new trustee where only one trustee was originally appointed, or to fill up the original number of trustees where more than 2 trustees were originally appointed, but, except where only one trustee was originally appointed, and a sole trustee when appointed will be able to give valid receipts for all capital money, a trustee must not be discharged from the trust unless there will be either a trust corporation or at least 2 individuals to act as trustees to perform the trust; and ( d ) any assurance or thing requisite for vesting the trust property or any part of that property in a sole trustee, or jointly in the persons who are the trustees, must be executed or done. (2) Nothing in this Act authorises the appointment of a sole trustee, not being a trust corporation, where the trustee, when appointed, would not be able to give valid receipts for all capital money arising under the trust.


document_id: ta-1967
provision_ref: s39
chapter: PART 4 - APPOINTMENT AND DISCHARGE OF TRUSTEES
section: 39
title: Evidence as to a vacancy in a trust
content:
39. —(1) A statement contained in any instrument coming into operation on or after 1 September 1929 by which a new trustee is appointed for any purpose connected with land, to the effect that a trustee has remained out of Singapore for more than 12 months or refuses or is unfit to act, or is incapable of acting, or that the trustee is not entitled to a beneficial interest in the trust property in possession, is, in favour of a purchaser of a legal estate, conclusive evidence of the matter stated. (2) In favour of such purchaser, any appointment of a new trustee depending on that statement and any vesting declaration, express or implied, consequent on the appointment, is valid.


document_id: ta-1967
provision_ref: s40
chapter: PART 4 - APPOINTMENT AND DISCHARGE OF TRUSTEES
section: 40
title: Retirement of trustee without a new appointment
content:
40. —(1) Where a trustee is desirous of being discharged from the trust, and after the trustee’s discharge there will be either a trust corporation or at least 2 individuals to act as trustees to perform the trust, then — ( a ) if the trustee by deed declares that he or she is desirous of being discharged from the trust; and ( b ) if his or her co‑trustees and such other person (if any) as is empowered to appoint trustees, by deed consent to the discharge of the trustee, and to the vesting in the co‑trustees alone of the trust property, the trustee desirous of being discharged is deemed to have retired from the trust, and is, by the deed, discharged from the trust under this Act, without any new trustee being appointed in his or her place. (2) Any assurance or thing requisite for vesting the trust property in the continuing trustees alone must be executed or done.


document_id: ta-1967
provision_ref: s41
chapter: PART 4 - APPOINTMENT AND DISCHARGE OF TRUSTEES
section: 41
title: Vesting of trust property in new or continuing trustees
content:
41. —(1) Where by a deed a new trustee is appointed to perform any trust, then — ( a ) if the deed contains a declaration by the appointor to the effect that any estate or interest in any land subject to the trust, or in any chattel so subject, or the right to recover or receive any debt or other thing in action so subject, vests in the persons who by virtue of the deed become or are the trustees for performing the trust, the deed operates, without any conveyance or assignment, to vest in those persons as joint tenants and for the purposes of the trust the estate, interest or right to which the declaration relates; and ( b ) if the deed is made on or after 1 September 1929 and does not contain such a declaration, the deed operates, subject to any express provision to the contrary in the deed, as if it had contained such a declaration by the appointor extending to all the estates, interests and rights with respect to which a declaration could have been made. (2) Where by a deed a retiring trustee is discharged under the statutory power without a new trustee being appointed, then — ( a ) if the deed contains a declaration as mentioned in subsection (1) by the retiring and continuing trustees, and by the other person (if any) empowered to appoint trustees, the deed operates, without any conveyance or assignment, to vest in the continuing trustees alone, as joint tenants, and for the purposes of the trust, the estate, interest or right to which the declaration relates; and ( b ) if the deed is made on or after 1 September 1929 and does not contain such a declaration, the deed operates, subject to any express provision to the contrary in the deed, as if it had contained such a declaration by such persons as referred to in paragraph ( a ) extending to all the estates, interests and rights with respect to which a declaration could have been made. (3) An express vesting declaration — ( a ) whether made before, on or after 1 September 1929; ( b ) even though the estate, interest or right to be vested is not expressly referred to; and ( c ) provided that the other statutory requirements were or are complied with, operates and is deemed always to have operated (but without prejudice to any express provision to the contrary contained in the deed of appointment or discharge) to vest in the persons respectively referred to in subsections (1) and (2), as the case may require, such estates, interests and rights as are capable of being and ought to be vested in those persons. (4) This section does not extend — ( a ) to land conveyed by way of mortgage for securing money subject to the trust, except land conveyed on trust for securing debentures or debenture stock; ( b ) to land held under a lease which contains any covenant, condition or agreement against assignment or disposing of the land without licence or consent, unless, prior to the execution of the deed containing expressly or impliedly the vesting declaration, the requisite licence or consent has been obtained, or unless by virtue of any written law or rule of law, the vesting declaration, express or implied, would not operate as a breach of covenant or give rise to a forfeiture; or ( c ) to any share, stock, annuity or property which is only transferable in books kept by a company or other body, or in the manner directed by or under any written law. (5) In subsection (4), “lease” includes an underlease and an agreement for a lease or underlease. (6) This section applies to deeds of appointment or discharge executed on or after 1 August 1886.


document_id: ta-1967
provision_ref: s41A
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41A
title: Application of this Part
content:
41A. —(1) Subject to subsection (2), this Part applies in relation to trusts whether created before, on or after 15 December 2004. (2) Except as otherwise provided in section 41I(4), this Part applies in relation to a trust having a sole trustee as it applies in relation to other trusts, and references to trustees in this Part (except in sections 41C(1) and (3) and 41J(4)) are to be read accordingly. Agents


document_id: ta-1967
provision_ref: s41B
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41B
title: Power to appoint agents
content:
41B. —(1) Subject to the provisions of this Part, the trustees of a trust may authorise any person to exercise all or any of their delegable functions as their agent. (2) In the case of a trust other than a charitable trust, the trustees’ delegable functions consist of any function other than — ( a ) any function relating to whether or in what way any assets of the trust should be distributed; ( b ) any power to decide whether any fees or other payment due to be made out of the trust funds should be made out of income or capital; ( c ) any power to appoint a person to be a trustee of the trust; or ( d ) any power conferred by any other written law or the trust instrument which permits the trustees to delegate any of their functions or to appoint a person to act as a nominee or custodian. (3) In the case of a charitable trust, the trustees’ delegable functions are — ( a ) any function relating to carrying out a decision that the trustees have taken; ( b ) any function relating to the investment of assets subject to the trust (including, in the case of land held as an investment, managing the land and creating or disposing of an interest in the land); and ( c ) any function relating to the raising of funds for the trust otherwise than by means of profits of a trade which is an integral part of carrying out the trust’s charitable purpose. (4) For the purposes of subsection (3)( c ), a trade is an integral part of carrying out a trust’s charitable purpose if, whether carried on in Singapore or elsewhere, the profits are applied solely to the purposes of the trust and either — ( a ) the trade is exercised in the course of the actual carrying out of a primary purpose of the trust; or ( b ) the work in connection with the trade is mainly carried out by beneficiaries of the trust.


document_id: ta-1967
provision_ref: s41C
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41C
title: Persons who may act as agents
content:
41C. —(1) Subject to subsection (2), the persons whom the trustees may under section 41B authorise to exercise functions as their agent include one or more of their number. (2) The trustees may not authorise 2 or more persons to exercise the same function unless they are to exercise the function jointly. (3) The trustees may not, under section 41B, authorise a beneficiary to exercise any function as their agent (even if the beneficiary is also a trustee). (4) The trustees may, under section 41B, authorise a person to exercise functions as their agent even though the person is also appointed to act as their nominee or custodian (whether under section 41G, 41H or 41I or any other power).


document_id: ta-1967
provision_ref: s41D
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41D
title: Linked functions, etc.
content:
41D. —(1) Subject to subsection (2), a person who is authorised under section 41B to exercise any function is, despite the terms of the agency, subject to any specific duties or restrictions attached to the function. Example A person who is authorised under section 41B to exercise the general power of investment is subject to the duties under section 5 in relation to that power. (2) A person who is authorised under section 41B to exercise a power which is subject to a requirement to obtain advice is not subject to the requirement if the person is the kind of person from whom it would have been proper for the trustees, in compliance with the requirement, to obtain advice.


document_id: ta-1967
provision_ref: s41E
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41E
title: Terms of agency
content:
41E. —(1) Subject to subsection (2) and sections 41F(2), 41R, 41S and 41T, the trustees may authorise a person to exercise functions as their agent on any terms as to remuneration and other matters that they may determine. (2) The trustees may not authorise a person to exercise functions as their agent on any of the terms set out in subsection (3) unless it is reasonably necessary for them to do so. (3) The terms for the purposes of subsection (2) are — ( a ) a term permitting the agent to appoint a substitute; ( b ) a term restricting the liability of the agent or the agent’s substitute to the trustees or any beneficiary; and ( c ) a term permitting the agent to act in circumstances capable of giving rise to a conflict of interest.


document_id: ta-1967
provision_ref: s41F
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41F
title: Asset management — special restrictions
content:
41F. —(1) The trustees may not authorise a person to exercise any of their asset management functions as their agent except by an agreement which is in writing or evidenced in writing. (2) The trustees may not authorise a person to exercise any of their asset management functions as their agent unless — ( a ) the trustees have provided that person with a statement that gives guidance as to how the functions should be exercised (called in this Act a policy statement); and ( b ) the agreement under which the agent is to act includes a term to the effect that the agent will secure compliance with — (i) the policy statement; or (ii) if the policy statement is revised or replaced under section 41M, the revised or replacement policy statement. (3) The trustees must formulate any guidance given in the policy statement with a view to ensuring that the functions will be exercised in the best interests of the trust. (4) The policy statement must be in writing or evidenced in writing. (5) For the purposes of this section, the asset management functions of trustees are their functions relating to — ( a ) the investment of assets subject to the trust; ( b ) the acquisition of property which is to be subject to the trust; and ( c ) the management of property which is subject to the trust and the disposal of, or the creation or disposal of an interest in, such property. Nominees and custodians


document_id: ta-1967
provision_ref: s41G
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41G
title: Power to appoint nominees
content:
41G. —(1) Subject to the provisions of this Part, the trustees of a trust may — ( a ) appoint a person to act as their nominee in relation to such of the assets of the trust as they may determine (other than settled land); and ( b ) take any steps that are necessary to secure that those assets are vested in a person so appointed. (2) An appointment under this section must be in writing or evidenced in writing.


document_id: ta-1967
provision_ref: s41H
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41H
title: Power to appoint custodians
content:
41H. —(1) Subject to the provisions of this Part, the trustees of a trust may appoint a person to act as a custodian in relation to such of the assets of the trust as the trustees may determine. (2) For the purposes of this Act, a person is a custodian in relation to assets if the person undertakes the safe custody of the assets or of any document or record concerning the assets. (3) An appointment under this section must be in writing or evidenced in writing.


document_id: ta-1967
provision_ref: s41I
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41I
title: Investment in bearer securities
content:
41I. —(1) If trustees retain or invest in securities payable to bearer, they must appoint a person to act as a custodian of the securities. (2) Subsection (1) does not apply if the trust instrument or any written law contains any provision which (however expressed) permits the trustees to retain or invest in securities payable to bearer without appointing a person to act as a custodian. (3) An appointment under this section must be in writing or evidenced in writing. (4) This section does not impose a duty on a sole trustee if that trustee is a trust corporation.


document_id: ta-1967
provision_ref: s41J
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41J
title: Persons who may be appointed as nominees or custodians
content:
41J. —(1) A person may not be appointed under section 41G, 41H or 41I as a nominee or custodian or continue to act as such nominee or custodian unless — ( a ) the person carries on a business which consists of or includes acting as a nominee or custodian; or ( b ) the person is a body corporate which is controlled by the trustees. (2) For the purposes of subsection (1)( b ), a body corporate is controlled by the trustees if the trustees have power to secure — ( a ) by means of the holding of shares or the possession of voting power in or in relation to that or any other body corporate; or ( b ) by virtue of any powers conferred by the articles of association or other document regulating that or any other body corporate, that the affairs of the firstmentioned body corporate are conducted in accordance with the wishes of the trustees. (3) The trustees of a charitable trust which is registered under the Charities Act 1994 must act in accordance with any guidance given by the Commissioner of Charities concerning the selection of a person for appointment as a nominee or custodian under section 41G, 41H or 41I. (4) Subject to subsections (1) and (3), the persons whom the trustees may, under section 41G, 41H or 41I, appoint as a nominee or custodian include — ( a ) one of their number, if that one is a trust corporation; or ( b ) 2 or more of their number, if they are to act as joint nominees or joint custodians. (5) The trustees may, under section 41G, appoint a person to act as their nominee even though the person is also — ( a ) appointed to act as their custodian (whether under section 41H or 41I or any other power); or ( b ) authorised to exercise functions as their agent (whether under section 41B or any other power). (6) The trustees may, under section 41H or 41I, appoint a person to act as their custodian even though the person is also — ( a ) appointed to act as their nominee (whether under section 41G or any other power); or ( b ) authorised to exercise functions as their agent (whether under section 41B or any other power).


document_id: ta-1967
provision_ref: s41K
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41K
title: Terms of appointment of nominees and custodians
content:
41K. —(1) Subject to subsection (2) and sections 41R, 41S and 41T, the trustees may, under section 41G, 41H or 41I, appoint a person to act as a nominee or custodian on any terms as to remuneration and other matters that they may determine. (2) The trustees may not, under section 41G, 41H or 41I, appoint a person to act as a nominee or custodian on any of the terms set out in subsection (3) unless it is reasonably necessary for them to do so. (3) The terms for the purposes of subsection (2) are — ( a ) a term permitting the nominee or custodian to appoint a substitute; ( b ) a term restricting the liability of the nominee or custodian, or a substitute of the nominee or custodian, to the trustees or to any beneficiary; and ( c ) a term permitting the nominee or custodian to act in circumstances capable of giving rise to a conflict of interest. Review of and liability for agents, nominees and custodians, etc.


document_id: ta-1967
provision_ref: s41L
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41L
title: Application of sections 41M and 41N
content:
41L. —(1) Sections 41M and 41N apply in a case where trustees have, under section 41B, 41G, 41H or 41I — ( a ) authorised a person to exercise functions as their agent; or ( b ) appointed a person to act as a nominee or custodian. (2) Subject to subsection (3), sections 41M and 41N also apply in a case where trustees have, under any power conferred on them by the trust instrument or by any written law — ( a ) authorised a person to exercise functions as their agent; or ( b ) appointed a person to act as a nominee or custodian. (3) If the application of section 41M or 41N in a case is inconsistent with the terms of the trust instrument or any written law, that section does not apply to that case.


document_id: ta-1967
provision_ref: s41M
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41M
title: Review of agents, nominees and custodians, etc.
content:
41M. —(1) While the agent, nominee or custodian continues to act for the trust, it is the duty of the trustees — ( a ) to keep under review the arrangements under which the agent, nominee or custodian acts and the manner in which those arrangements are being put into effect; ( b ) if circumstances make it appropriate to do so, to consider whether there is a need to exercise any power of intervention that they have; and ( c ) if they consider that there is a need to do so, to exercise the power of intervention. (2) If the agent has been authorised to exercise asset management functions, the duty under subsection (1) includes, in particular — ( a ) a duty to consider whether there is any need to revise or replace the policy statement made for the purposes of section 41F; ( b ) if the trustees consider that there is a need to revise or replace the policy statement, a duty to do so; and ( c ) a duty to assess whether the policy statement (as it has effect for the time being) is being complied with. (3) Section 41F(3) and (4) applies to the revision or replacement of a policy statement under this section as it applies to the making of a policy statement under that section. (4) In this section, “power of intervention” includes — ( a ) a power to give directions to the agent, nominee or custodian; and ( b ) a power to revoke the authorisation or appointment of the agent, nominee or custodian.


document_id: ta-1967
provision_ref: s41N
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41N
title: Liability for agents, nominees and custodians, etc.
content:
41N. —(1) A trustee shall not be liable for any act or default of the agent, nominee or custodian unless the trustee fails to comply with the statutory duty of care applicable to the trustee under paragraph 3 of the First Schedule when — ( a ) entering into the arrangements under which the person acts as agent, nominee or custodian; or ( b ) carrying out the trustee’s duties under section 41M. (2) If a trustee has agreed to a term under which the agent, nominee or custodian is permitted to appoint a substitute, the trustee is not liable for any act or default of the substitute unless the trustee has failed to comply with the statutory duty of care applicable to the trustee under paragraph 3 of the First Schedule — ( a ) when agreeing to that term; or ( b ) when carrying out the trustee’s duties under section 41M insofar as they relate to the use of the substitute. Supplementary


document_id: ta-1967
provision_ref: s41O
chapter: PART 4A - AGENTS, NOMINEES AND CUSTODIANS
section: 41O
title: Effect of trustees exceeding their powers
content:
41O. A failure by the trustees to act within the limits of the powers conferred by this Part — ( a ) in authorising a person to exercise a function of theirs as an agent; or ( b ) in appointing a person to act as a nominee or custodian, does not invalidate the authorisation or appointment.


document_id: ta-1967
provision_ref: s41P
chapter: PART 4B - REMUNERATION
section: 41P
title: Application of this Part
content:
41P. —(1) Subject to subsection (2), sections 41Q to 41T apply in relation to — ( a ) services provided to or on behalf of trusts, whenever created; or ( b ) expenses incurred on or after 15 December 2004 on behalf of trusts, whenever created. (2) Nothing in section 41Q or 41R is to be treated as affecting the operation of — ( a ) section 57(4) of the Probate and Administration Act 1934 (Administration of assets); or ( b ) section 10 of the Wills Act 1838 (Gifts to attesting witness or to wife or husband of attesting witness to be void), in relation to any death occurring before 15 December 2004.


document_id: ta-1967
provision_ref: s41Q
chapter: PART 4B - REMUNERATION
section: 41Q
title: Trustee’s entitlement to payment under trust instrument
content:
41Q. —(1) Except to the extent (if any) to which the trust instrument makes an inconsistent provision, subsections (2), (3) and (4) apply to a trustee if — ( a ) there is a provision in the trust instrument entitling the trustee to receive payment out of trust funds in respect of services provided by the trustee to or on behalf of the trust; and ( b ) the trustee is a trust corporation or is acting in a professional capacity. (2) The trustee is treated as being entitled under the trust instrument to receive payment in respect of services even if the services are capable of being provided by a lay trustee. (3) Subsection (2) applies to a trustee of a charitable trust who is not a trust corporation only — ( a ) if the trustee is not a sole trustee; and ( b ) to the extent that a majority of the other trustees have agreed that it should apply to the trustee. (4) Any payment to which the trustee is entitled in respect of services is treated as remuneration for services (and not as a gift) for the purposes of — ( a ) section 57(4) of the Probate and Administration Act 1934 (Administration of assets); and ( b ) section 10 of the Wills Act 1838 (Gifts to attesting witness or to wife or husband of attesting witness to be void). (5) For the purposes of this Part, a trustee acts in a professional capacity if the trustee acts in the course of a profession or business which consists of or includes the provision of services in connection with — ( a ) the management or administration of trusts generally or a particular kind of trust; or ( b ) any particular aspect of the management or administration of trusts generally or a particular kind of trust, and the services the trustee provides to or on behalf of the trust fall within that description. (6) For the purposes of this Part, a person acts as a lay trustee if the person — ( a ) is not a trust corporation; and ( b ) does not act in a professional capacity.


document_id: ta-1967
provision_ref: s41R
chapter: PART 4B - REMUNERATION
section: 41R
title: Remuneration of certain trustees
content:
41R. —(1) Subject to subsection (4), a trustee who is a trust corporation is entitled to receive reasonable remuneration out of the trust funds for any services that the trust corporation provides to or on behalf of the trust. (2) Subject to subsection (4), a trustee who — ( a ) acts in a professional capacity; and ( b ) is not a trust corporation or a sole trustee, is entitled to receive reasonable remuneration out of the trust funds for any services that the trustee provides to or on behalf of the trust if each other trustee has agreed in writing that the firstmentioned trustee may be remunerated for the services. (3) A trustee is entitled to remuneration under this section even if the services in question are capable of being provided by a lay trustee. (4) A trustee is not entitled to remuneration under this section if any provision about the entitlement to remuneration has been made — ( a ) by the trust instrument; or ( b ) by any written law. (5) This section applies to a trustee who has been authorised under a power conferred by Part 4A or the trust instrument — ( a ) to exercise functions as an agent of the trustees; or ( b ) to act as a nominee or custodian, as it applies to any other trustee. (6) In this section, “reasonable remuneration” means, in relation to the provision of services by a trustee, such remuneration as is reasonable in the circumstances for the provision of those services to or on behalf of that trust by that trustee.


document_id: ta-1967
provision_ref: s41S
chapter: PART 4B - REMUNERATION
section: 41S
title: Trustees’ expenses
content:
41S. —(1) A trustee — ( a ) is entitled to be reimbursed from the trust funds; or ( b ) may pay out of the trust funds, reasonable expenses properly incurred by the trustee when acting on behalf of the trust. (2) This section applies to a trustee who has been authorised under a power conferred by Part 4A or any other written law, or by the trust instrument — ( a ) to exercise functions as an agent of the trustees; or ( b ) to act as a nominee or custodian, as it applies to any other trustee.


document_id: ta-1967
provision_ref: s41T
chapter: PART 4B - REMUNERATION
section: 41T
title: Remuneration and expenses of agents, nominees and custodians
content:
41T. —(1) This section applies if, under a power conferred by Part 4A or any other written law, or by the trust instrument, a person other than a trustee has been — ( a ) authorised to exercise functions as an agent of the trustees; or ( b ) appointed to act as a nominee or custodian. (2) The trustees may remunerate the person mentioned in subsection (1) out of the trust funds for services if — ( a ) the person is engaged on terms entitling the person to be remunerated for those services; and ( b ) the amount does not exceed such remuneration as is reasonable in the circumstances for the provision of those services by the person to or on behalf of that trust. (3) The trustees may reimburse the person mentioned in subsection (1) out of the trust funds for any reasonable expenses properly incurred by the person in exercising functions as an agent, nominee or custodian.


document_id: ta-1967
provision_ref: s42
chapter: PART 5 - POWERS OF COURT
section: 42
title: Power of court to appoint new trustees
content:
42. —(1) The court may, whenever it is expedient to appoint a new trustee or new trustees, and it is found inexpedient, difficult or impracticable to do so without the assistance of the court, make an order appointing a new trustee or new trustees either in substitution for or in addition to any existing trustee or trustees, although there is no existing trustee. (2) Without limiting subsection (1), the court may make an order appointing a new trustee in substitution for a trustee who is — ( a ) sentenced to a term of imprisonment; ( b ) found to lack capacity (within the meaning of the Mental Capacity Act 2008) to exercise the trustee’s functions as trustee; ( c ) a bankrupt; or ( d ) a corporation which is in liquidation or has been dissolved. [21/2008] (3) An order made under this section, and any consequential vesting order or conveyance, does not operate further, or otherwise as a discharge to any former or continuing trustee, than an appointment of new trustees under any power for that purpose contained in any instrument would have operated. (4) Nothing in this section — ( a ) gives power to appoint an executor or administrator; ( b ) prevents a donee of a lasting power of attorney created by a trustee from acting for the trustee when the trustee lacks capacity to exercise the trustee’s functions as trustee. [22/2008]


document_id: ta-1967
provision_ref: s43
chapter: PART 5 - POWERS OF COURT
section: 43
title: Power to authorise remuneration
content:
43. The court may allow any trustee, other than the Public Trustee, such remuneration for the trustee’s services as trustee as the court thinks fit.


document_id: ta-1967
provision_ref: s44
chapter: PART 5 - POWERS OF COURT
section: 44
title: Powers of new trustee appointed by the court
content:
44. Every trustee appointed by a court of competent jurisdiction has, as well before as after the trust property becomes by law, or by assurance, or otherwise, vested in the trustee, the same powers, authorities and discretions, and may in all respects act as if the trustee had been originally appointed a trustee by the instrument (if any) creating the trust. Vesting orders


document_id: ta-1967
provision_ref: s45
chapter: PART 5 - POWERS OF COURT
section: 45
title: Vesting orders of land
content:
45. —(1) Subsection (2) applies to the following cases: ( a ) where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power; ( b ) where a trustee entitled to or possessed of any land or interest in land, whether by way of mortgage or otherwise, or entitled to a contingent right in land, either solely or jointly with any other person — (i) is under disability; (ii) is out of the jurisdiction of the court; or (iii) cannot be found, or, being a corporation, has been dissolved; ( c ) where it is uncertain who was the survivor of 2 or more trustees jointly entitled to or possessed of any interest in land; ( d ) where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is living or dead; ( e ) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land; ( f ) where there is no personal representative of a deceased mortgagee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased mortgagee who was entitled to or possessed of any interest in land, or where it is uncertain whether any mortgagee entitled to or possessed of any interest in land is living or dead, or where any mortgagee entitled to or possessed of any interest in land is out of the jurisdiction of the court or cannot be found or being a corporation has been dissolved; ( g ) where a trustee jointly or solely entitled to or possessed of any interest in land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or interest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land or interest or release the right for 28 days after the date of the requirement; or ( h ) where land or any interest in land is vested in a trustee whether by way of mortgage or otherwise and it appears to the court to be expedient to make an order under subsection (2). (2) In any of the cases mentioned in subsection (1), the court may make an order (called in this Act a vesting order) — ( a ) vesting the land or interest in the land in any person in any manner and for any estate or interest that the court may direct; or ( b ) releasing or disposing of the contingent right to any person that the court may direct. (3) Where the order is consequential on the appointment of a trustee, the land or interest in the land is vested for such estate as the court may direct in the persons who on the appointment are the trustees. (4) Where the order relates to a trustee entitled or formerly entitled jointly with another person, and the trustee is under disability or out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved, the land, interest or right is vested in such other person who remains entitled, either alone or with any other person, as the court may appoint.


document_id: ta-1967
provision_ref: s46
chapter: PART 5 - POWERS OF COURT
section: 46
title: Orders as to contingent rights of unborn persons
content:
46. Where any interest in land is subject to a contingent right in an unborn person or class of unborn persons who, on coming into existence would, in respect thereof, become entitled to or possessed of that interest on any trust, the court may make an order — ( a ) releasing the land or interest in the land from the contingent right; or ( b ) vesting in any person the estate or interest to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land.


document_id: ta-1967
provision_ref: s47
chapter: PART 5 - POWERS OF COURT
section: 47
title: Vesting order in place of conveyance by infant mortgagee
content:
47. Where any person entitled to or possessed of any interest in land, or entitled to a contingent right in land, by way of security for money, is an infant, the court may make an order vesting or releasing or disposing of the interest in the land or the right in the like manner as in the case of a trustee under disability.


document_id: ta-1967
provision_ref: s48
chapter: PART 5 - POWERS OF COURT
section: 48
title: Vesting order consequential on order for sale or mortgage of land
content:
48. —(1) Where any court gives a judgment or makes an order directing the sale or mortgage of any land, every person who is entitled to or possessed of any interest in the land, or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is given or made or is otherwise bound by the judgment or order, is deemed to be so entitled or possessed (as the case may be) as a trustee for the purposes of this Act. (2) The court may, if it thinks expedient, make an order vesting the land or any part of the land, for such estate or interest as the court thinks fit, in the purchaser or mortgagee or in any other person.


document_id: ta-1967
provision_ref: s49
chapter: PART 5 - POWERS OF COURT
section: 49
title: Vesting order consequential on judgment for specific performance, etc.
content:
49. —(1) Where a judgment is given for the specific performance of a contract concerning any interest in land, or for sale or exchange of any interest in land, or generally where any judgment is given for the conveyance of any interest in land either in cases arising out of the doctrine of election or otherwise, the court may declare that — ( a ) any of the parties to the action are trustees of any interest in the land or any part thereof within the meaning of this Act; or ( b ) the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any deceased person who was during his or her lifetime a party to the contract or transaction concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Act. (2) Upon the judgment mentioned in subsection (1), the court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.


document_id: ta-1967
provision_ref: s50
chapter: PART 5 - POWERS OF COURT
section: 50
title: Effect of vesting order
content:
50. A vesting order made under this Act has — ( a ) in the case of a vesting order consequential on the appointment of a trustee, the same effect — (i) as if the persons who before the appointment were the trustees (if any) had duly executed all proper conveyances of the land for such estate or interest as the court directs; or (ii) if there is no such person, or no such person of full capacity, as if such person had existed and been of full capacity and had duly executed all proper conveyances of the land for such estate or interest as the court directs; and ( b ) in every other case, the same effect as if the trustee, mortgagee or other person or description or class of persons to whose rights or supposed rights the relevant provisions respectively relate had been an ascertained and existing person of full capacity, and had executed a conveyance or release to the effect intended by the order.


document_id: ta-1967
provision_ref: s51
chapter: PART 5 - POWERS OF COURT
section: 51
title: Power to appoint person to convey
content:
51. In all cases where a vesting order can be made under this Act, the court may, if it is more convenient, appoint a person to convey the land or any interest in the land or release the contingent right, and a conveyance or release by that person in conformity with the order has the same effect as an order under the appropriate provision.


document_id: ta-1967
provision_ref: s52
chapter: PART 5 - POWERS OF COURT
section: 52
title: Vesting orders as to stock and thing in action
content:
52. —(1) In any of the following cases: ( a ) where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power; ( b ) where a trustee entitled, whether by way of mortgage or otherwise, alone or jointly with another person, to stock or to a thing in action — (i) is under disability; (ii) is out of the jurisdiction of the court; (iii) cannot be found, or, being a corporation, has been dissolved; (iv) neglects or refuses to transfer stock or receive the dividends or income of stock, or to sue for or recover a thing in action, according to the direction of the person absolutely entitled thereto for 28 days next after a written request has been made to the trustee by the person so entitled; or (v) neglects or refuses to transfer stock or receive the dividends or income of stock, or to sue for or recover a thing in action for 28 days next after an order of the court for that purpose has been served on the trustee; ( c ) where it is uncertain whether a trustee entitled alone or jointly with another person to stock or to a thing in action is alive or dead; ( d ) where stock is standing in the name of a deceased person whose personal representative is under disability; or ( e ) where stock or a thing in action is vested in a trustee whether by way of mortgage or otherwise and it appears to the court to be expedient, the court may make an order vesting the right to transfer or call for a transfer of stock, or to receive the dividends or income of stock, or to sue for or recover the thing in action, in any person that the court may appoint. (2) Where the order is consequential on the appointment of a trustee, the right is vested in the persons who, on the appointment, are the trustees. (3) Where the person whose right is dealt with by the order was entitled jointly with another person, the right is vested in that other person either alone or jointly with any other person whom the court may appoint. (4) In all cases where a vesting order can be made under this section, the court may, if it is more convenient, appoint some proper person to make or join in making the transfer. (5) The person appointed under subsection (4) to make or join in making a transfer of stock must be a proper officer of the company whose stock is to be transferred. (6) The person in whom the right to transfer or call for the transfer of any stock is vested by an order of the court under this Act, may transfer the stock to himself, herself or itself or any other person, according to the order, and all companies must obey every order under this section according to its tenor. (7) After written notice of an order under this section it is not lawful for any company to transfer any stock to which the order relates or to pay any dividends on the stock except in accordance with the order. (8) The court may make declarations and give directions concerning the manner in which the right to transfer any stock or thing in action vested under the provisions of this Act is to be exercised. (9) The provisions of this Act as to vesting orders apply to shares in ships registered under any written law relating to merchant shipping as if they were stock.


document_id: ta-1967
provision_ref: s53
chapter: PART 5 - POWERS OF COURT
section: 53
title: Vesting orders of charity or society property
content:
53. The powers conferred by this Act as to vesting orders may be exercised for vesting any interest in land, stock or thing in action in any trustee of a charity or society over which the court would have jurisdiction upon action duly instituted, whether the appointment of the trustee was made by instrument under a power or by the court under its general or statutory jurisdiction.


document_id: ta-1967
provision_ref: s54
chapter: PART 5 - POWERS OF COURT
section: 54
title: Vesting orders in relation to infant’s beneficial interest
content:
54. Where an infant is beneficially entitled to any property, the court may, with a view to the application of the capital or income of the property for the maintenance, education or benefit of the infant, make an order — ( a ) appointing a person to convey the property; or ( b ) in the case of stock, or a thing in action, vesting in any person the right to transfer or call for a transfer of the stock, or to receive the dividends or income of the stock, or to sue for and recover such thing in action, upon terms that the court thinks fit.


document_id: ta-1967
provision_ref: s55
chapter: PART 5 - POWERS OF COURT
section: 55
title: Orders made upon certain allegations to be conclusive evidence
content:
55. —(1) Where a vesting order is made as to any land under this Act founded on an allegation of any of the following matters: ( a ) the personal incapacity of a trustee or mortgagee; ( b ) that a trustee or mortgagee or the personal representative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the court, or cannot be found, or being a corporation has been dissolved; ( c ) that it is uncertain which of 2 or more trustees, or which of 2 or more persons interested in a mortgage, was the survivor; ( d ) that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or ( e ) that any trustee or mortgagee has died intestate without leaving a person beneficially interested under the intestacy or has died and it is not known who is his or her personal representative or the person interested, the fact that the order has been so made is conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order. (2) Nothing in this section prevents the court from directing a reconveyance or surrender or the payment of costs occasioned by any such order if improperly obtained. Jurisdiction to make other order


document_id: ta-1967
provision_ref: s56
chapter: PART 5 - POWERS OF COURT
section: 56
title: Power of court to authorise dealings with trust property
content:
56. —(1) Where in the management or administration of any property vested in trustees, any sale, lease, mortgage, surrender, release, or other disposition, or any purchase, investment, acquisition, expenditure, or other transaction, is in the opinion of the court expedient, but the same cannot be effected by reason of the absence of any power for that purpose vested in the trustees by the trust instrument (if any) or by law, the court may — ( a ) by order confer upon the trustees, either generally or in any particular instance, the necessary power for the purpose, on any terms, and subject to any provisions and conditions that the court thinks fit; and ( b ) direct in what manner any money authorised to be expended and the costs of any transaction are to be paid or borne as between capital and income. (2) The court may, from time to time, rescind or vary any order made under this section, or may make any new or further order. (3) An application to the court under this section may be made by the trustees, or by any of them or by any person beneficially interested under the trust.


document_id: ta-1967
provision_ref: s57
chapter: PART 5 - POWERS OF COURT
section: 57
title: Persons entitled to apply for orders
content:
57. —(1) An order under this Act for the appointment of a new trustee or concerning any interest in land, stock or thing in action subject to a trust, may be made on the application of any person beneficially interested in the land, stock or thing in action, whether under disability or not, or on the application of any person duly appointed trustee of the trust. (2) An order under this Act concerning any interest in land, stock or thing in action subject to a mortgage may be made on the application of any person beneficially interested in the equity of redemption, whether under disability or not, or of any person interested in the money secured by the mortgage.


document_id: ta-1967
provision_ref: s58
chapter: PART 5 - POWERS OF COURT
section: 58
title: Power to give judgment in absence of trustee
content:
58. Where in any action the court is satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in any action, to serve the person with a process of the court, and that the person cannot be found, the court may hear and determine the action and give judgment against that person in that person’s character of a trustee as if that person had been duly served, or had filed and served a notice of intention to contest or not contest in the action, and had also appeared by that person’s solicitor at the hearing, but without prejudice to any interest that person may have in the matters in question in the action in any other character. [Act 25 of 2021 wef 01/04/2022]


document_id: ta-1967
provision_ref: s59
chapter: PART 5 - POWERS OF COURT
section: 59
title: Power to charge costs on trust estate
content:
59. The court may order the costs and expenses of and incident to any application for an order appointing a new trustee, or for a vesting order, or of and incident to any such order, or any conveyance or transfer pursuant to the order — ( a ) to be raised and paid out of the property in respect of which the order is made, or out of the income of the property; or ( b ) to be borne and paid in such manner and by such persons as seem just to the court.


document_id: ta-1967
provision_ref: s60
chapter: PART 5 - POWERS OF COURT
section: 60
title: Power to relieve trustee from personal liability
content:
60. If it appears to the court that a trustee, whether appointed by the court or otherwise, is or may be personally liable for any breach of trust, whether the transaction alleged to be a breach of trust occurred before, on or after 1 September 1929, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which the trustee committed the breach, then the court may relieve the trustee either wholly or partly from personal liability for the same.


document_id: ta-1967
provision_ref: s61
chapter: PART 5 - POWERS OF COURT
section: 61
title: Power to make beneficiary indemnify for breach of trust
content:
61. —(1) Where a trustee commits a breach of trust at the instigation or request or with the written consent of a beneficiary, the court may, even though the beneficiary may be a married woman restrained from anticipation, make any order that seems just to the court, for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or persons claiming through the trustee. (2) This section applies to breaches of trust committed before, on or after 1 September 1929. Payment into court


document_id: ta-1967
provision_ref: s62
chapter: PART 5 - POWERS OF COURT
section: 62
title: Payment into court by trustees
content:
62. —(1) Trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust, may pay the same into court; and the same is, subject to Rules of Court, to be dealt with according to the orders of the court. (2) The receipt or certificate of the proper officer is a sufficient discharge to trustees for the money or securities so paid into court. (3) Where money or securities are vested in any persons as trustees, and the majority are desirous of paying the same into court, but the concurrence of the other or others cannot be obtained, the court may order the payment into court to be made by the majority without the concurrence of the other or others. (4) Where any such money or securities are deposited with any banker, broker, or other depositary, the court may order payment or delivery of the money or securities to the majority of the trustees for the purpose of payment into court. (5) Every transfer, payment and delivery made pursuant to any such order is valid and takes effect as if the same had been made on the authority or by the act of all the persons entitled to the money and securities so transferred, paid or delivered.


document_id: ta-1967
provision_ref: s63
chapter: PART 6 - CHARITABLE TRUSTS
section: 63
title: Public Trustee may administer property of charitable trust without trustee
content:
63. —(1) Whenever it appears to the Public Trustee that a charitable trust has no trustee, the Public Trustee may send by registered post a letter to the person in apparent control of any property subject to the trust requesting the names and addresses of the trustees (if any) of the trust. (2) If the Public Trustee does not receive any answer to the letter within one month of sending it, the Public Trustee may publish in the Gazette and send to the person mentioned in subsection (1), by registered post, a notice that at the end of one month from the date of that notice, unless cause is shown to the contrary, the trust is deemed to have no trustee. (3) At the end of the time mentioned in the notice, unless cause to the contrary is previously shown by any trustee of the trust, or if the Public Trustee receives an answer to the effect that the trust has no trustee, the Public Trustee — ( a ) may declare that he or she undertakes to administer the property subject to the trust provisionally; and ( b ) must publish notice thereof in the Gazette , and on the publication in the Gazette of the notice all property, movable and immovable of any description, subject to the trust vests in the Public Trustee as provisional trustee of the trust. (4) The Public Trustee as such provisional trustee may apply to the court by originating application for the appointment of new trustees to administer the trust and on the appointment of the new trustees all property subject to the trust vests in them. [42/2005] [Act 25 of 2021 wef 01/04/2022] (5) All costs and expenses incurred by the Public Trustee in exercising the powers conferred by this section must be paid out of the assets of the trusts concerned.


document_id: ta-1967
provision_ref: s64
chapter: PART 6 - CHARITABLE TRUSTS
section: 64
title: Validation of certain imperfect charitable trusts
content:
64. —(1) No trust is invalid by reason that some non-charitable and invalid purpose as well as some charitable purpose is or could be deemed to be included in any of the purposes to or for which an application of the trust funds or any part of the trust funds is by such trust directed or allowed. (2) Any such trust is to be construed and given effect to in the same manner in all respects as if no application of the trust funds or any part of the trust funds to or for any such non‑charitable and invalid purpose had been or could be deemed to have been so directed or allowed. (3) This section does not apply to any trust declared before, or to the will of any testator dying before, 14 July 1967. Incorporation of trustees


document_id: ta-1967
provision_ref: s65
chapter: PART 6 - CHARITABLE TRUSTS
section: 65
title: Grant of certificate of incorporation of trustees
content:
65. —(1) Trustees, not less than 3 in number, may be appointed by any body or association of persons established for any religious, educational, literary, scientific, social or charitable purpose, and such trustees may apply, in the manner provided in section 67, to the Minister for a certificate of registration of the trustees of that body or association of persons as a body corporate (called in this Part a certificate of incorporation). (2) If the Minister, having regard to the extent, nature and objects and other circumstances of the body or association of persons, considers such incorporation expedient, he or she may grant the certificate of incorporation, subject to such conditions or directions generally as the Minister thinks fit to insert in the certificate, and particularly relating to the qualifications and number of the trustees, their tenure and avoidance of office, the mode of appointing new trustees, the custody and use of the common seal, the amount of the land which the trustees may hold, and the purposes for which the land may be applied. (3) Upon the grant of the certificate of incorporation, the trustees — ( a ) become a body corporate by the name described in the certificate; ( b ) have perpetual succession and a common seal; ( c ) have power to sue and be sued in the corporate name; and ( d ) subject to the conditions and directions contained in the certificate, have power to acquire, purchase, take, hold and enjoy movable and immovable property, and by instruments under the common seal to sell, convey, assign, surrender and yield up, mortgage, charge, demise, re‑assign, transfer or otherwise dispose of movable and immovable property now or in future belonging to, or held for the benefit of, the body or association of persons, in such and the like manner, and subject to such restrictions and provisions, as the trustees might do, without such incorporation, for the purposes of the body or association of persons.


document_id: ta-1967
provision_ref: s66
chapter: PART 6 - CHARITABLE TRUSTS
section: 66
title: Estate to vest in body corporate
content:
66. —(1) The certificate of incorporation vests in such body corporate all property, movable or immovable of any description, belonging to or held by any person in trust for the body or association of persons, and thereupon any person in whose name any stocks, funds or securities are standing in trust for the body or association of persons, must transfer the same into the name of the body corporate. (2) All covenants and conditions relating to any such immovable property enforceable by or against the trustees before their incorporation are enforceable to the same extent and by the same means by or against them after their incorporation.


document_id: ta-1967
provision_ref: s67
chapter: PART 6 - CHARITABLE TRUSTS
section: 67
title: Particulars respecting application
content:
67. —(1) Every application to the Minister for a certificate under this Part must be in writing, signed by the person or persons making the same, and must contain the particulars specified in the Second Schedule, or such of them as are applicable to the case. (2) The Minister may require a statutory declaration or other evidence in verification of the statements and particulars in the application, and any other particulars, information and evidence that the Minister thinks necessary or proper.


document_id: ta-1967
provision_ref: s68
chapter: PART 6 - CHARITABLE TRUSTS
section: 68
title: Nomination of trustees and filling up vacancies
content:
68. —(1) Before a certificate of incorporation may be granted, the trustees must have been effectually appointed to the satisfaction of the Minister. (2) Where a certificate of incorporation is granted, vacancies in the number of the trustees must, from time to time, be filled up so far as is required by the constitution or settlement of the body or association of persons, or by any conditions or directions mentioned in section 65(2), by such legal means as would have been available for the appointment of new trustees of the body or association of persons if no certificate of incorporation had been granted, or otherwise as required by those conditions or directions. (3) The appointment of every new trustee must be certified by, or by the direction of, the trustees to the Public Trustee upon the completion of the appointment. (4) Within one month after the expiry of each period of 5 years after the grant of a certificate of incorporation, or whenever required by the Public Trustee, a return must be made to the Public Trustee by the then trustees of the names of the trustees at the expiry of each such period, with their residences and descriptions.


document_id: ta-1967
provision_ref: s69
chapter: PART 6 - CHARITABLE TRUSTS
section: 69
title: Liability of trustees and others, despite incorporation
content:
69. —(1) After a certificate of incorporation has been granted under the provisions of this Part, all trustees of the body or association of persons, despite their incorporation, are — ( a ) chargeable for any property that comes into their hands; and ( b ) answerable and accountable for their own acts, receipts, neglects and defaults, and for the due administration of the body or association of persons and its property, in the same manner and to the same extent as if the incorporation had not been effected. (2) Nothing in this section diminishes or impairs any control or authority exercisable by the Attorney‑General or other public officer under any written law for the time being in force over the trustees who are so incorporated but they remain subject jointly and separately to such control and authority as if they were not incorporated.


document_id: ta-1967
provision_ref: s70
chapter: PART 6 - CHARITABLE TRUSTS
section: 70
title: Certificate to be evidence of compliance with requirements
content:
70. —(1) A certificate of incorporation so granted is conclusive evidence that all the preliminary requirements contained in this Part and in respect of the incorporation have been complied with. (2) The date of incorporation mentioned in the certificate is deemed to be the date at which incorporation has taken place.


document_id: ta-1967
provision_ref: s71
chapter: PART 6 - CHARITABLE TRUSTS
section: 71
title: Record of applications and documents to be kept, and supply of copies
content:
71. —(1) The Public Trustee must keep a record of all applications for and certificates of incorporation granted and all documents, accounts and returns required by the provisions of this Part to be filed with the Public Trustee. (2) Any person may obtain a copy or extract of any such document certified by the Public Trustee on payment of the prescribed fee.


document_id: ta-1967
provision_ref: s72
chapter: PART 6 - CHARITABLE TRUSTS
section: 72
title: Enforcement of conditions and directions
content:
72. All conditions and directions inserted in any certificate of incorporation are — ( a ) binding upon and performed or observed by the trustees as trusts of the body or association of persons; and ( b ) enforceable by the Attorney-General or other public officer or persons interested under any written law for the time being in force. 73. [ Repealed by Act 38 of 2002 ]


document_id: ta-1967
provision_ref: s74
chapter: PART 6 - CHARITABLE TRUSTS
section: 74
title: Gifts to vest in body corporate
content:
74. After the incorporation of the trustees of any body or association of persons under this Part, every donation, gift and disposition of land, or any interest in land, lawfully made (but not having actually taken effect) before the incorporation or hereafter lawfully made by deed, will or otherwise to or in favour of the body or association of persons, or the trustees, or otherwise for the purposes thereof, takes effect as if the same had been made to, or in favour of, the incorporated body or otherwise for the like purposes.


document_id: ta-1967
provision_ref: s75
chapter: PART 6 - CHARITABLE TRUSTS
section: 75
title: Common seal
content:
75. —(1) The common seal of the body corporate has such device as the Minister may approve. (2) Any instrument to which the common seal of the body corporate has been affixed, in apparent compliance with the conditions or directions for the use of the common seal referred to in section 65, is binding on the body corporate, despite any defect or circumstance affecting the execution of the instrument.


document_id: ta-1967
provision_ref: s76
chapter: PART 6 - CHARITABLE TRUSTS
section: 76
title: Contracts not under seal to be binding in certain cases
content:
76. Every contract made or entered into by the trustees of a body or association of persons which would be valid and binding according to the constitution, settlement or rules and regulations of that body or association of persons if no incorporation under this Part had taken place, is valid and binding although it has not been made or entered into under the common seal of the trustees.


document_id: ta-1967
provision_ref: s77
chapter: PART 6 - CHARITABLE TRUSTS
section: 77
title: Payments on transfers in reliance on corporate seal protected
content:
77. Any person who makes or permits to be made any transfer or payment bona fide, in reliance on any instrument to which the common seal of any body corporate created under this Part is affixed, is to be indemnified and protected in respect of the transfer or payment, despite any defect or circumstance affecting the execution of the instrument.


document_id: ta-1967
provision_ref: s78
chapter: PART 6 - CHARITABLE TRUSTS
section: 78
title: Trustees to keep accounts and to render annual returns of accounts
content:
78. —(1) The trustees of any body or association of persons incorporated under this Part must regularly enter or cause to be entered, in books to be kept by them for that purpose, full and true accounts of all moneys received and paid respectively on account of the body or association of persons. (2) The trustees mentioned in subsection (1) must, on or before 25 March in every year, or upon any other day appointed by the Public Trustee, prepare and make out the following accounts in relation to the body or association of persons mentioned in subsection (1): ( a ) an account of the gross income arising from any endowment or which ought to have arisen from any endowment during the year ending on 31 December immediately preceding, or upon any other day appointed for this purpose by the Public Trustee; ( b ) an account of all balances in hand at the commencement of the year and of all moneys received during the same year on account of the body or association of persons; ( c ) an account for the same period of all payments; and ( d ) an account of all moneys owing to or from the body or association of persons, so far as is convenient. (3) The accounts prescribed under subsection (2) must be certified under the hand of all the trustees mentioned in subsection (1) who are in Singapore and must be audited by the auditor of the body or association of persons, if any. (4) The trustees mentioned in subsection (1) must, within 14 days after the day appointed for making out the accounts referred to in subsection (2), file a copy of the accounts with the Public Trustee and every such copy is open to inspection of all persons at all reasonable hours upon payment of the prescribed fee. (5) Any person may require a copy of every such account, or of any part of the account, on paying the prescribed fee. (6) The trustees mentioned in subsection (1) must, at the same time as the accounts prescribed under subsection (2) are filed with the Public Trustee in accordance with subsection (4) for the first time after the grant of a certificate of incorporation under this Part, file with the Public Trustee an account of any endowments then belonging to the body or association of persons, showing — ( a ) in the case of immovable property not in hand the manner in which the same is let or occupied; and ( b ) in the case of movable property the existing investment or employment of the property and in what names the investments are made. (7) Subsequently, the trustees or trustee must, on every occasion upon which the accounts are filed as mentioned in subsection (6) with the Public Trustee after the acquisition of any endowment not included in the accounts, or after the alienation, charge or transfer of any movable or immovable property of the body or association of persons, file with the Public Trustee a similar account of the endowment or an account of the alienation, charge or transfer, as the case may be.


document_id: ta-1967
provision_ref: s79
chapter: PART 6 - CHARITABLE TRUSTS
section: 79
title: Application to decide question whether person is a member of a body corporate
content:
79. —(1) When any question arises as to whether any person is a member of such body corporate, any person interested in the question may apply by originating application to the court for its opinion on the question. [42/2005] [Act 25 of 2021 wef 01/04/2022] (2) Notice of the hearing must be given to such persons and in such manner as the court thinks fit. (3) Any opinion given by the court on an application under this section is binding — ( a ) on the person in respect of whom the question arose; ( b ) upon all members of the body corporate mentioned in subsection (1); ( c ) upon that person interested in the question; and ( d ) upon any persons to whom notice of the hearing has been given in accordance with any direction of the court.


document_id: ta-1967
provision_ref: s80
chapter: PART 6 - CHARITABLE TRUSTS
section: 80
title: Dissolution of body corporate
content:
80. —(1) Where the administration of a charitable trust has been taken over by the Government or a statutory corporation, or for any other sufficient cause it is expedient to dissolve a body corporate created under this Part, the Minister may, by order, direct the Public Trustee to strike the name of the body corporate off the register. (2) The Public Trustee must publish the order in the Gazette and on publication of the order, the body corporate is dissolved.


document_id: ta-1967
provision_ref: s81
chapter: PART 6 - CHARITABLE TRUSTS
section: 81
title: Penalty for false statement
content:
81. If any person in any return, account or other documents required by any of the provisions of this Part to be filed with the Public Trustee wilfully makes a statement which is false in any material particular, knowing it to be false, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ta-1967
provision_ref: s82
chapter: PART 6 - CHARITABLE TRUSTS
section: 82
title: Penalty for not filing returns, etc.
content:
82. If any trustee fails to comply or to take all reasonable steps to secure compliance with any of the provisions of this Part which requires the lodging or filing with the Public Trustee of any return, account or other documents or the giving of notice to the Public Trustee of any matter, the trustee shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day during which the offence continues after conviction.


document_id: ta-1967
provision_ref: s83
chapter: PART 7 - TRANSPARENCY AND
section: 83
title: Interpretation of this Part
content:
83. —(1) In this Part — “authorised officer” means an authorised officer appointed under section 84B(1); [Act 42 of 2024 wef 20/06/2025] “Commissioner” means the Commissioner of Trust Enforcement appointed under section 84A(1); [Act 42 of 2024 wef 20/06/2025] “effective controller”, in relation to a relevant trust party of a relevant trust, means — ( a ) the individual who ultimately owns or controls the relevant trust party; or ( b ) the individual on whose behalf a transaction is being conducted by the relevant trust party in the relevant trust party’s capacity as such, and includes an individual who exercises ultimate effective control over the relevant trust party; “FATF” means the intergovernmental body known as the Financial Action Task Force; “FATF Recommendations” means the recommendations issued by the FATF from time to time relating to the prevention of money laundering, terrorism financing and financing of proliferation of weapons of mass destruction; [Act 42 of 2024 wef 20/06/2025] “financial institution” has the meaning given by section 2 of the Financial Services and Markets Act 2022; [Act 42 of 2024 wef 20/06/2025] “Global Forum” means the international body known as the Global Forum on Transparency and Exchange of Information for Tax Purposes; “protector”, in relation to a trust, means a person who, under the instrument creating the express trust, has any control over how a trustee of the trust administers the trust; “public officer” includes any officer of a statutory board; [Act 42 of 2024 wef 20/06/2025] “relevant trust” means a trust to which this Part applies; “relevant trust party”, in relation to a trust, means all or any of the following: ( a ) a settlor; ( b ) a trustee; ( c ) a protector; ( d ) a beneficiary; ( e ) if any person benefitting from the trust has not been determined — a class of possible beneficiaries under the trust; [Act 42 of 2024 wef 20/06/2025] ( f ) a person who — (i) is a member of a class of possible beneficiaries under the trust; and (ii) is reasonably expected to benefit from the trust, whether or not because — (A) the person is referred to as a potential beneficiary by the settlor of the trust in a document relating to the trust such as a letter of wishes; or (B) the class of possible beneficiaries has narrowed for any reason; [Act 42 of 2024 wef 20/06/2025] ( g ) a person who has any power (whether alone, jointly with any other person or with the consent of any other person) to — (i) dispose of, advance, lend, invest (other than in the capacity of an investment adviser or manager) any property that is subject to the trust; (ii) distribute, or approve or direct the distribution of, any property that is subject to the trust to a beneficiary; (iii) vary or terminate the trust; (iv) add or remove a person as a beneficiary or a member of a class of possible beneficiaries; (v) appoint or remove a trustee; or (vi) direct, withhold consent to or veto the exercise of a power mentioned in sub‑paragraph (i), (ii), (iii), (iv) or (v). [Act 42 of 2024 wef 20/06/2025] [14/2017] (2) For the purposes of the definition of “effective controller”, subject to regulations made under section 84Q, the references to “ultimately owns or controls” and “ultimate effective control” refer to situations in which an individual ultimately owns or controls, or exercises ultimate effective control, over a relevant trust party, including where the individual’s ownership or control (as the case may be) of the relevant trust party is exercised through a chain of ownership or by means of indirect control. [Act 42 of 2024 wef 20/06/2025] [14/2017] (3) A reference to this Part includes a reference to any regulations made under section 84Q. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84
chapter: PART 7 - TRANSPARENCY AND
section: 84
title: Application of this Part
content:
84. —(1) This Part applies to any express trust — ( a ) that is governed by the law of Singapore; ( b ) that is administered in Singapore; or ( c ) in respect of which any of the trustees is resident in Singapore. [14/2017] (2) Despite subsection (1), this Part does not apply to any trust or class of trusts as may be prescribed under section 84Q. [Act 42 of 2024 wef 20/06/2025] [14/2017] (3) For the purposes of this section — ( a ) a trust is administered in Singapore if the control and management of the trust is exercised in Singapore; and ( b ) a trustee is resident in Singapore if — (i) the trustee, being an individual, is ordinarily resident in Singapore; or (ii) the trustee is incorporated, formed or established in Singapore. [14/2017]


document_id: ta-1967
provision_ref: s84A
chapter: PART 7 - TRANSPARENCY AND
section: 84A
title: Appointment of Commissioner of Trust Enforcement
content:
84A. —(1) The Minister may, for the purposes of this Part, appoint a public officer to be the Commissioner of Trust Enforcement. (2) The Commissioner may exercise all the powers and perform the duties and functions of the Commissioner under this Part, subject to any general or special directions of the Minister. (3) An appointment under subsection (1) must be published in the Gazette . [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84B
chapter: PART 7 - TRANSPARENCY AND
section: 84B
title: Appointment of authorised officers
content:
84B. —(1) The Commissioner may appoint any of the following persons to be an authorised officer for the purposes of this Part: ( a ) a public officer; ( b ) an auxiliary police officer appointed under Part 9 of the Police Force Act 2004; ( c ) a public accountant registered or deemed to be registered under the Accountants Act 2004; ( d ) any individual suitably qualified and trained to be an authorised officer. (2) The Commissioner may delegate the exercise of any powers conferred or duties imposed on the Commissioner under this Part to an authorised officer, subject to any condition or limitation that the Commissioner may specify. (3) Subsection (2) does not apply to the following: ( a ) the power of appointment under subsection (1); ( b ) the power of delegation under subsection (2). (4) An authorised officer is taken to be a public servant for the purposes of the Penal Code 1871 when exercising any power conferred or performing any duty delegated to the authorised officer by the Commissioner. [Act 42 of 2024 wef 20/06/2025] Division 2 &#x2014; Investigation and enforcement Subdivision (1) &#x2014; General


document_id: ta-1967
provision_ref: s84C
chapter: PART 7 - TRANSPARENCY AND
section: 84C
title: Purpose of powers
content:
84C. The Commissioner may exercise all or any of the powers in this Division to investigate any offence under this Part. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84D
chapter: PART 7 - TRANSPARENCY AND
section: 84D
title: Protection from liability for compliance with requirements
content:
84D. No liability is incurred by a person or an officer, employee or agent of the person for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with a requirement imposed under this Division. [Act 42 of 2024 wef 20/06/2025] Subdivision (2) &#x2014; Examination of persons


document_id: ta-1967
provision_ref: s84E
chapter: PART 7 - TRANSPARENCY AND
section: 84E
title: Requirement to appear for examination
content:
84E. —(1) The Commissioner may, by written notice, require any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter, to attend before the Commissioner for examination and to answer questions. (2) If any person fails to comply with a written notice issued to the person under subsection (1), the Commissioner may report the failure to a Magistrate, who may then issue a warrant ordering that person to comply with the written notice. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84F
chapter: PART 7 - TRANSPARENCY AND
section: 84F
title: Power to examine person
content:
84F. —(1) The Commissioner may examine orally any person who appears to be acquainted with the facts or circumstances of the matter — ( a ) whether before or after that person or anyone else is charged with an offence in connection with the matter; and ( b ) whether or not that person is to be called as a witness in any inquiry, trial or other proceedings in connection with the matter. (2) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (3) A statement made by the person must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English — be interpreted in a language that the person understands; and ( d ) after correction (if necessary) — be signed by the person. [Act 42 of 2024 wef 20/06/2025] Subdivision (3) &#x2014; Powers to obtain information


document_id: ta-1967
provision_ref: s84G
chapter: PART 7 - TRANSPARENCY AND
section: 84G
title: Power to require production of information, etc.
content:
84G. —(1) This section applies if the Commissioner reasonably believes that a person has any information or any document or material in the person’s possession, custody or control that is relevant for the purpose of investigating any offence under this Part. (2) Subject to subsections (3) and (4), the Commissioner may do any one or more of the following: ( a ) require the person to, without charge, produce the information, document or material, in the form and manner and at the time, specified by the Commissioner; ( b ) require the person to, without charge, give the Commissioner access to the information, document or material, in the form and manner and at the time, specified by the Commissioner; ( c ) inspect and make copies of, or take extracts from, any document or material mentioned in paragraph ( a ) or ( b ); ( d ) if the information, document or material is recorded in an electronic form, or contained in or available to a computer or other equipment — require the person to — (i) provide assistance in gaining access to any computer or other equipment in which the information, document or material is stored; and (ii) provide the information, document or material, or a copy of the information, document or material in the form or format specified by the Commissioner. (3) Subsection (4) applies if the power in subsection (2) relates to — ( a ) the production of customer information by a financial institution; or ( b ) access to customer information kept by a financial institution. (4) Despite section 84B(2), the power in subsection (2) — ( a ) may only be exercised by the Commissioner personally or an authorised officer who is a public officer; and ( b ) must not be exercised by an authorised officer who is not a public officer. (5) In this section, “customer information” — ( a ) in relation to a bank or merchant bank — has the meaning given by section 40A of the Banking Act 1970; and a reference in that section to a bank is a reference to a bank or merchant bank; ( b ) in relation to a licensed trust company — means information protected under section 49 of the Trust Companies Act 2005; and ( c ) in relation to any other financial institution — means any information relating to, or any particulars of, an account of a customer of the financial institution or funds of a customer under management by the financial institution, but does not include any information that is not referable to any named person or group of named persons. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84H
chapter: PART 7 - TRANSPARENCY AND
section: 84H
title: Issuance of warrant to enter premises, etc.
content:
84H. —(1) A court may, on the application of the Commissioner, issue a warrant, if the court is satisfied that — ( a ) there are reasonable grounds for suspecting that there are, on any premises — (i) any information, document or material the production of which has been required under section 84G but which has not been produced as required; or (ii) any computer or other equipment in which is stored in electronic form any information, document or material mentioned in sub‑paragraph (i); or ( b ) there are reasonable grounds for suspecting that — (i) there are, on any premises — (A) any information, document or material which the Commissioner has power under section 84G to require to be produced; or (B) any computer or other equipment in which is stored in electronic form any information, document or material mentioned in sub‑paragraph (A); and (ii) if the information, document or material were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed. (2) A warrant issued under subsection (1) authorises the Commissioner, and any other persons that the Commissioner may require to assist him or her, to do all or any of the following: ( a ) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( b ) to search any person on the premises, if there are reasonable grounds to suspect that the person has in his or her possession the information, document, material, computer or equipment; ( c ) to search the premises and to break open and search anything, whether a fixture or not, in the premises and take copies of, or extracts from, the information, document or material; ( d ) to access, inspect and check the operation of a computer or other equipment on the premises specified in the warrant, if there are reasonable grounds to suspect that — (i) any information, document or material mentioned in subsection (1)( a )(i) or ( b )(i)(A) is or has been contained in or available to the computer or equipment; or (ii) the computer or equipment is a computer or equipment mentioned in subsection (1)( a )(ii) or ( b )(i)(B); ( e ) to use the computer or equipment mentioned in paragraph ( d ), or cause any such computer or equipment to be used — (i) to search any information, document or material that appears to be any information, document or material mentioned in subsection (1)( a )(i) or ( b )(i)(A), that is contained in or available to such computer or equipment; and (ii) to make a copy of any such information, document or material; ( f ) to prevent any other person from gaining access to, or using, any computer or other equipment mentioned in paragraph ( d ) (including by changing any username, password or other authentication information required to gain access to the computer or equipment); ( g ) to order any person — (i) to stop accessing or using or to not access or use any computer or other equipment mentioned in paragraph ( d ); or (ii) to access or use any such computer or other equipment only under such conditions as the Commissioner or any person assisting the Commissioner may specify; ( h ) to require any person on the premises to provide an explanation of the information, document or material or to state, to the best of the person’s knowledge and belief, where it may be found; ( i ) to require the information, document or material which is stored in electronic form and accessible from the premises to be produced in a form which — (i) can be taken away; and (ii) is visible and legible; ( j ) to photograph or film, or make any record or sketch of, any part of the premises, or any thing at the place. (3) A warrant issued under subsection (1) — ( a ) must — (i) indicate the subject matter and state the offence being investigated; and (ii) provide information on the nature of an offence under section 84L, and the nature of an offence under section 84M; and ( b ) continues in force until the end of the period of one month starting on the day on which the warrant is issued. (4) In this section, “court” means the General Division of the High Court, a District Court or a Magistrate’s Court. (5) In this section and section 84I, “premises” includes any structure, building, aircraft, vehicle or vessel. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84I
chapter: PART 7 - TRANSPARENCY AND
section: 84I
title: Procedure for execution of warrant
content:
84I. —(1) The powers conferred under a warrant issued under section 84H(1) in relation to any premises must not be exercised except upon production of the warrant. (2) If a warrant is issued under section 84H(1) and there is no one at the premises when the Commissioner proposes to execute the warrant, the Commissioner must, before executing the warrant — ( a ) take such steps as are reasonable in all the circumstances to inform the occupier of the premises of the intended entry into the premises; and ( b ) subject to subsection (3), give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed. (3) If the Commissioner is unable to inform the occupier of the premises of the intended entry into the premises, the Commissioner must, when executing the warrant, leave a copy of the warrant in a prominent place on the premises. (4) Any person entering any premises by virtue of the warrant may take with him or her any item that the person considers necessary. (5) A woman may be searched pursuant to the warrant only by another woman and with strict regard to decency. (6) On leaving any premises specified in a warrant issued under section 84H(1), the Commissioner must, if the premises are unoccupied or if the occupier of the premises is temporarily absent, leave the premises as effectively secured as the Commissioner found the premises. (7) In this section, “occupier”, in relation to any premises specified in a warrant issued under section 84H(1), means a person whom the Commissioner reasonably believes to be the occupier of those premises. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84J
chapter: PART 7 - TRANSPARENCY AND
section: 84J
title: Power to seize property, etc., in certain circumstances
content:
84J. —(1) The Commissioner may seize any property — ( a ) in respect of which a contravention of this Part is suspected to have been committed; ( b ) that is suspected to have been used or intended to be used in a contravention of this Part; or ( c ) that is suspected to constitute evidence of a contravention of this Part. (2) Subsection (1) does not apply to any property held or suspected to be held in an account or a safe deposit box in a financial institution. (3) The occupier or person in charge of a place from which property is to be seized under subsection (1), or a representative of the occupier or person in charge, may attend during the seizure. (4) The Commissioner must prepare and sign a list of any property seized under subsection (1), recording the location from which each item of property is seized. (5) A signed copy of the list must be given to the occupier or person in charge of the place from which property was seized, or a representative of the occupier or person in charge. (6) Instead of seizing any property under subsection (1), the Commissioner may, by written order — ( a ) prohibit any person from dealing with the property; and ( b ) require any person to affix the order or a copy of the order on or near the property. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84K
chapter: PART 7 - TRANSPARENCY AND
section: 84K
title: Power of court over seized property, etc.
content:
84K. Sections 370, 371 and 372 of the Criminal Procedure Code 2010 are to apply, with the necessary modifications, when the Commissioner seizes property or prohibits any dealing with property under section 84J. [Act 42 of 2024 wef 20/06/2025] Division 3 &#x2014; General offences


document_id: ta-1967
provision_ref: s84L
chapter: PART 7 - TRANSPARENCY AND
section: 84L
title: Producing false information to Commissioner, etc.
content:
84L. A person required to produce or give access to any information, document or material to the Commissioner or an authorised officer under Division 2, who — ( a ) produces or give access to the Commissioner or authorised officer to any information, document or material that the person knows or has reason to believe is materially false or misleading; ( b ) omits to provide or give access to any information to the Commissioner or authorised officer for the purposes of this Act, knowing or having reason to believe that the omission will create a materially false or misleading impression; ( c ) intentionally alters, suppresses or destroys any information, document or material that the person has been required to produce or give access to; or ( d ) in producing or giving access to any information, document or material so required, makes any statement which the person knows or ought reasonably to know is, or is reckless as to whether it is, false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84M
chapter: PART 7 - TRANSPARENCY AND
section: 84M
title: Obstruction of investigation, etc.
content:
84M. —(1) A person who, without reasonable excuse — ( a ) refuses or fails to produce or give access to any information, document or material required of the person by the Commissioner or an authorised officer under section 84G; ( b ) fails to comply with any written notice issued to the person under section 84E(1); ( c ) knowingly obstructs or hinders, or attempts to obstruct or hinder — (i) a person from complying with anything required of the person by the Commissioner or an authorised officer under this Part; (ii) the Commissioner or an authorised officer from exercising any of the Commissioner’s or authorised officer’s powers under this Part; or (iii) the Commissioner or an authorised officer, or any other persons assisting the Commissioner or authorised officer, in executing a warrant issued under section 84H(1); or ( d ) disposes of or deals with any property contrary to the Commissioner’s or an authorised officer’s order under section 84J(6), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 2 years or to both. (2) It is not a defence to a charge under subsection (1) that the person is subject to a fiduciary duty or any other duty under common law, any contract or any rule of professional conduct, that prevents the person from complying with a requirement under Division 2 or restricts the person in such compliance. [Act 42 of 2024 wef 20/06/2025] Division 4 &#x2014; Miscellaneous


document_id: ta-1967
provision_ref: s84N
chapter: PART 7 - TRANSPARENCY AND
section: 84N
title: Protection from personal liability for Commissioner, etc.
content:
84N. No liability shall lie personally against the Commissioner or an authorised officer who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Part. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84O
chapter: PART 7 - TRANSPARENCY AND
section: 84O
title: Codes of practice, guidelines and standards of performance
content:
84O. —(1) The Commissioner may issue, approve, amend or revoke one or more codes of practice, guidelines or standards of performance for all or any of the following purposes: ( a ) to provide guidance to trustees of relevant trusts in relation to the operation or administration of any provision of this Part; ( b ) to set out best practices — (i) for trustees of relevant trusts with respect to measures for the prevention of money laundering, terrorism financing and financing of proliferation of weapons of mass destruction; and (ii) for giving effect to the relevant FATF Recommendations. (2) If any provision in any code of practice, guideline or standard of performance is inconsistent with this Part, that provision, to the extent of the inconsistency, does not have effect. (3) Where a code of practice, guideline or standard of performance is issued, approved, amended or revoked by the Commissioner under subsection (1), the Commissioner must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) in a manner that will secure adequate publicity for the issue, approval, amendment or revocation; ( b ) specify in the notice the date of the issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice, guideline or standard of performance remains in force, copies of that code, guideline or standard, and of all amendments to it, are available free of charge to any trustee of a relevant trust to whom that code, guideline or standard applies. (4) No code of practice, guideline or standard of performance, or amendment or revocation, has any effect until the notice relating to it is published in accordance with subsection (3). (5) Any code of practice, guideline or standard of performance has no legislative effect. (6) Any failure by a trustee of a relevant trust to comply with any code of practice, guideline or standard of performance applicable to the trustee does not of itself render the trustee liable to criminal proceedings, but the failure may, in any proceedings (criminal or otherwise), be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84P
chapter: PART 7 - TRANSPARENCY AND
section: 84P
title: Composition of offences under this Part
content:
84P. —(1) The Commissioner may compound any offence under this Part that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding one half of the amount of the maximum fine for the offence. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s84Q
chapter: PART 7 - TRANSPARENCY AND
section: 84Q
title: Regulations
content:
84Q. —(1) The Minister may make regulations that the Minister considers necessary or desirable for or in respect of any relevant trust — ( a ) to give effect to the FATF Recommendations concerning transparency and beneficial ownership; and ( b ) to give effect to the Global Forum requirements concerning information on ownership and identity, the keeping of accounting records, and access to such information and records. [14/2017] (2) Without limiting subsection (1), such regulations may — ( a ) provide that a trustee of a relevant trust must obtain information on the identity and particulars of each person who is — (i) a relevant trust party of the relevant trust or an effective controller of the relevant trust party; and (ii) an agent of, or a service provider to, the trust, including any investment adviser or manager, accountant or tax adviser; ( b ) provide that a trustee of a relevant trust must maintain and keep up‑to‑date, for such period as may be prescribed, a record of the identities and particulars of the persons mentioned in paragraph ( a )(i) and (ii); ( ba ) provide that a trustee of a relevant trust must — (i) retain any document relating to the trust, as may be prescribed; and (ii) keep and maintain up‑to‑date records of any information relating to the administration of the trust or other relevant information relating to the trust, as may be prescribed; [Act 42 of 2024 wef 20/06/2025] ( c ) provide that a trustee of a relevant trust must maintain and keep up‑to‑date, for such period as may be prescribed, such accounting records relating to the relevant trust, and such information on the assets of the relevant trust, as may be prescribed; ( d ) prescribe the measures that must be taken by a trustee of a relevant trust for or in respect of all or any of the matters in paragraphs ( a ), ( b ), ( ba ) and ( c ); [Act 42 of 2024 wef 20/06/2025] ( e ) provide that a trustee of a relevant trust must, when acting for the trust in any prescribed transaction, disclose to any other party to the transaction the fact that the trustee is acting for the trust; ( f ) for the purposes of section 83(2), set out the circumstances in which — (i) an individual is considered as ultimately owning a relevant trust party through a chain of ownership; and (ii) an individual is considered as ultimately controlling a relevant trust party, or as exercising ultimate effective control of a relevant trust party, through indirect control; ( g ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $25,000; [Act 42 of 2024 wef 20/06/2025] ( h ) prescribe any matters that may be required or permitted by this Part to be prescribed; and ( i ) contain any transitional and other supplementary and incidental provisions that appear to the Minister to be appropriate. [14/2017] [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s85
chapter: PART 8 - GENERAL PROVISIONS
section: 85
title: Indemnity
content:
85. —(1) This Act and every order purporting to be made under this Act shall be a complete indemnity to all persons (other than the Commissioner or an authorised officer within the meanings given by section 83) for any acts done pursuant to this Act. [Act 42 of 2024 wef 20/06/2025] (2) It is not necessary for any person to inquire concerning the propriety of the order, or whether the court by which the order was made had jurisdiction to make it.


document_id: ta-1967
provision_ref: s85A
chapter: PART 8 - GENERAL PROVISIONS
section: 85A
title: Offences by corporations
content:
85A. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [Act 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s85B
chapter: PART 8 - GENERAL PROVISIONS
section: 85B
title: Offences by unincorporated associations or partnerships
content:
85B. —(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 officer, partner, 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 officer, partner, 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 42 of 2024 wef 20/06/2025]


document_id: ta-1967
provision_ref: s86
chapter: PART 8 - GENERAL PROVISIONS
section: 86
title: Dispositions and trusts created to defraud creditors
content:
86. To avoid doubt, every settlement or disposition of property made or caused to be made on trust, before, on or after 30 July 2020, that is a transaction at an undervalue within the meaning in section 438 of the Insolvency, Restructuring and Dissolution Act 2018, is subject to that section. [40/2018]


document_id: ta-1967
provision_ref: s87
chapter: PART 8 - GENERAL PROVISIONS
section: 87
title:
Effect of Insolvency, Restructuring and Dissolution Act 2018 on transactions at undervalue and unfair preferences

content:
87. —(1) To avoid doubt, every settlement or disposition of property made or caused to be made on trust, before, on or 30 July 2020, that is — ( a ) a transaction at an undervalue as defined in section 361 (read with sections 363 and 364) of the Insolvency, Restructuring and Dissolution Act 2018; or ( b ) an unfair preference as defined in section 362 (read with sections 363 and 364) of the Insolvency, Restructuring and Dissolution Act 2018, is subject to the respective sections, as the case may be. [40/2018] (2) Where the person making the settlement or disposition is a body corporate, sections 224 to 227 of the Insolvency, Restructuring and Dissolution Act 2018 are to apply. [40/2018]


document_id: ta-1967
provision_ref: s88
chapter: PART 8 - GENERAL PROVISIONS
section: 88
title: Accumulation of income for duration of trusts
content:
88. The income arising from a trust may be accumulated for such period as is allowed under section 31 of the Civil Law Act 1909.


document_id: ta-1967
provision_ref: s89
chapter: PART 8 - GENERAL PROVISIONS
section: 89
title: Perpetuity period applicable to trusts
content:
89. For the purposes of the rule against perpetuities, the provisions of sections 32, 33 and 34 of the Civil Law Act 1909 apply to trusts created on or after 15 December 2004.


document_id: ta-1967
provision_ref: s90
chapter: PART 8 - GENERAL PROVISIONS
section: 90
title: Validity of certain trusts
content:
90. —(1) Subject to subsection (3), where a person creates a trust or transfers movable property to be held on an existing trust during the person’s lifetime, the person is deemed to have the capacity to so create the trust or transfer the property if the person has capacity to do so under any of the following laws: ( a ) the law applicable in Singapore; ( b ) the law of the person’s domicile or nationality; or ( c ) the proper law of the transfer. (2) No rule relating to inheritance or succession affects the validity of a trust or the transfer of any property to be held on trust if the person creating the trust or transferring the property had the capacity to do so under subsection (1). (3) Subsection (1) — ( a ) does not apply if, at the time of the creation of the trust or the transfer of the property to be held on trust, the person creating the trust or transferring the property is a citizen of Singapore or is domiciled in Singapore; and ( b ) applies in relation to a trust only if the trust is expressed to be governed by Singapore law and the trustees are resident in Singapore. (4) In subsection (1), the reference to “law” does not include any choice of law rules forming part of that law. (5) No trust or settlement of any property on trust is invalid by reason only of the person creating the trust or making the settlement reserving to the person all or any powers of investment or asset management functions under the trust or settlement.


document_id: ta-1967
provision_ref: s91
chapter: PART 8 - GENERAL PROVISIONS
section: 91
title: Saving and transitional provisions
content:
91. —(1) Where a trust deed created before 15 December 2004 confers on a trustee the power to invest trust funds in accordance with the repealed First Schedule to this Act in force immediately before that date, however the conferment of that power may be expressed in the trust deed, the power of investment so conferred is, as from that date, deemed to be the general power of investment under section 4 of this Act in force as from that date. (2) A trustee shall not be liable for breach of the statutory duty of care by reason only of the trustee continuing to hold an investment which has ceased to be an investment made by the trustee pursuant to the repealed First Schedule to this Act in force immediately before 15 December 2004 if they are investments which a trustee may make under section 4 of this Act in force as from that date.


document_id: ta-1999
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Info‑communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016; “broadcasting apparatus” and “broadcasting service” have the meanings given by the Broadcasting Act 1994; “Chief Executive”, in relation to the Authority, means the Chief Executive of the Authority appointed under section 40(2) of the Info‑communications Media Development Authority Act 2016, and includes any individual acting in that capacity; “code of practice” means a code of practice issued or approved under section 23 or 30; “common property” has the meaning given by section 2(1) of the Building (Strata Management) Act 2004; [Act 12 of 2020 wef 01/10/2025] “earthworks” includes — ( a ) any act of excavating earth, rock or other material (by whatever means) in connection with — (i) any works for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, road, railway, bridge, viaduct, flyover, sewer or sewage works; (ii) any works for or relating to the laying, inspecting, repairing or renewing of any mains, pipes, cables, fittings or other apparatuses; (iii) any soil investigation works; or (iv) such other works as are usually undertaken by a person carrying on business as a contractor in the construction industry or as a professional civil or structural engineer; ( b ) any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any premises or street by any mechanical means; and ( c ) the driving or sinking of any earth rod, casing or tube into the ground; “equipment” includes any appliance, apparatus or accessory used or intended to be used for telecommunications, including (to avoid doubt) any such appliance, apparatus or accessory capable of being used for the operation of any broadcasting service; “Hertzian or radio waves” means electromagnetic waves of frequencies not exceeding 1,000 terahertz propagated in space without any artificial guide; “Housing and Development Board” means the Housing and Development Board established by section 3 of the Housing and Development Act 1959; “installation or plant used for telecommunications” includes all buildings, lands, structures, machinery, equipment, cables, poles and lines used or intended for use in connection with telecommunications; “message” means any sign, signal, writing, image, sound, intelligence or information of any nature transmitted by telecommunications; “owner” — ( a ) in relation to any premises comprised in a strata title plan under the Land Titles (Strata) Act 1967, means — (i) in the case of a lot, the person who is registered as the subsidiary proprietor of the lot under that Act; (ii) in the case of a common property, the management corporation having control of that common property, or the person receiving any rent or charge for the maintenance and management of that common property; and (iii) in the case of a limited common property as defined in section 2(1) of the Building (Strata Management) Act 2004, the subsidiary management corporation established by the Building (Strata Management) Act 2004 having control of that limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property; [Act 12 of 2020 wef 01/10/2025] ( b ) in relation to a building in a housing estate of the Housing and Development Board (called a HDB housing estate), means — (i) in the case of a flat, any owner of the flat as defined in section 2(1) of the Housing and Development Act 1959; (ii) in the case of the building’s common property in a HDB housing estate that is controlled, managed and maintained by a Town Council, that Town Council; and (iii) in the case of the building’s common property in a HDB housing estate that is not controlled, managed and maintained by a Town Council, the Housing and Development Board; ( c ) in relation to a subdivided building other than a subdivided building mentioned in paragraph ( a ) or ( b ), means — (i) in the case of a lot, the person who is registered under the Land Titles Act 1993 as the proprietor of the fee simple, estate in perpetuity or leasehold estate of that lot; and (ii) in the case of the subdivided building’s common property, every person who is registered under the Land Titles Act 1993 as the proprietor of the fee simple, estate in perpetuity or leasehold estate of a lot in that building, or the person receiving any rent or charge for the maintenance and management of the common property; ( d ) in relation to any premises which are not subdivided, means any person who is registered under the Land Titles Act 1993 as the proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises; and ( e ) in relation to any other premises or building, means the person for the time being receiving the rent of the premises or building, whether on the person’s own account or as agent, trustee or receiver, or who would receive such rent if the premises or building were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or building, or a mortgagee in possession; “premises” has the meaning given by section 2(1) of the Building Control Act 1989; “public telecommunication licensee” means a person designated by the Authority under section 8; “public telecommunication licensee’s installation or plant” means any installation or plant used for telecommunications belonging to or used by a public telecommunication licensee; “radio-communication” means any telecommunication by means of Hertzian or radio waves; “radio-communication service” means any service for radio‑communications; “radio-communication system” means any system used or intended to be used for radio‑communications; “repealed Act” means the Telecommunication Authority of Singapore Act (Cap. 323, 1993 Revised Edition) repealed by the Info‑communications Development Authority of Singapore Act (Cap. 137A, 2000 Revised Edition); “securities”, in relation to a company (including a VCC), includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company; [S 26/2022 wef 13/01/2022] “shares” includes stock; “standard of performance” means a standard of performance issued or approved under section 30; “street” includes any way, road, lane, path, passage or open space, whether a thoroughfare or not, over which the public have a right of way and also the roadway and footway over any public bridge and includes any road, footway or passage, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; “TAS” means the Telecommunication Authority of Singapore reconstituted by the repealed Act; “telecommunication cable” means any cable of a telecommunication system belonging to or under the management or control of a telecommunication system licensee; “telecommunication cable detection work” means any work of detecting or locating any underground telecommunication cable; “telecommunication cable detection worker” means any person whose trade or occupation requires or includes the personal performance by him or her of telecommunication cable detection work; “telecommunication cable detection work licence” means a licence granted under section 34; “telecommunication licensee” means a person to whom a licence has been granted under section 5 or 7; “telecommunication line” means a wire or cable used for telecommunications with any casing, coating, tube or pipe enclosing the same and any appliance and apparatus connected therewith for the purpose of fixing or insulating the same; “telecommunication service” means any service for telecommunications, including the leasing of a telecommunication cable, but excludes any broadcasting service; “telecommunication system” means any system used or intended to be used for telecommunications, including (to avoid doubt) any such system capable of being used for the operation of any broadcasting service; “telecommunication system licensee” means a person licensed under section 5 to operate a telecommunication system; “telecommunications” means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to re‑arrangement, computation or other processes by any means in the course of their transmission, emission or reception; “Town Council” means a Town Council established by section 4 of the Town Councils Act 1988; “VCC” has the meaning given by section 2(1) of the VCC Act; [S 26/2022 wef 13/01/2022] “VCC Act” means the Variable Capital Companies Act 2018; [S 26/2022 wef 13/01/2022] “vessel” includes any ship, boat, air‑cushioned vehicle or floating rig or platform used in any form of operations at sea or any other description of vessel. [10/2005; 19/2011; 22/2016; 30/2016; 4/2021]


document_id: ta-1999
provision_ref: s3
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 3
title: Exclusive privilege with respect to telecommunications
content:
3. —(1) As from 1 December 1999 and subject to this Act, the Authority has the exclusive privilege for the operation and provision of telecommunication systems and services in Singapore. (2) The privilege conferred on the Authority by subsection (1) — ( a ) includes the rights of establishing, installing, using, working, maintaining, developing, constructing, promoting, hiring and selling telecommunication systems and services; and ( b ) extends to every vessel or aircraft registered in Singapore and every other vessel, aircraft and any vehicle, whether mechanically propelled or not, in Singapore.


document_id: ta-1999
provision_ref: s4
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 4
title: Exceptions to section 3
content:
4. The privilege conferred by section 3 is not infringed by — ( a ) the running by a person solely for the person’s own use or solely for the purposes of the person’s business (but not for providing any telecommunication service to another person) of a telecommunication line system in which all the equipment comprised therein is situated — (i) on a single set of premises in single occupation; or (ii) in a vessel, aircraft or vehicle or in 2 or more vessels, aircraft or vehicles mechanically coupled together; or ( b ) the operation of any telecommunication system in the course of their duties by the officers and men and women of the Singapore Armed Forces, the Singapore Police Force, the Singapore Civil Defence Force or of any visiting force lawfully present in Singapore.


document_id: ta-1999
provision_ref: s5
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 5
title: Power to license telecommunication systems and services
content:
5. —(1) A licence may, with the consent of, or in accordance with the terms of a general authority given by the Minister, be granted by the Authority either unconditionally or subject to such conditions as the Authority may impose and specify in the licence and either irrevocably or subject to revocation as therein specified for the running of such telecommunication systems and services falling within section 3 as are specified in the licence. (2) A licence granted under subsection (1) may be granted either to any person, class of persons or a particular person, and may include (without affecting the power to impose conditions conferred by that subsection) conditions requiring — ( a ) the licensee to enter into agreements or arrangements with any person, class of persons or another telecommunications licensee for — (i) the interconnection of, and access to, telecommunication systems; (ii) the sharing of installation or plant used for telecommunications belonging to any telecommunication licensee; and (iii) such other purpose as may be specified in the licence, and on such terms and conditions as may be agreed to by the licensee and such other persons or licensees or, in default of agreement, as may be determined by the Authority; ( b ) the sharing and trading of radio frequency spectrum; ( c ) the licensee to comply with any direction given by the Authority as to such matters as are specified in the licence or are of a description so specified; ( d ) the licensee to comply with codes of practice and standards of performance that are applicable to the licensee; and ( e ) the licensee to do, or not to do, such things as are specified in the licence or are of a description so specified. [30/2016] (3) The grant of a licence under subsection (1) is subject to the payment to the Authority of such fees for the grant of the licence as may be prescribed. [30/2016] (4) A licensee must also pay to the Authority such other fees for the licence, or such periodic fees for the duration of the licence, or both — ( a ) as may be prescribed; or ( b ) if not prescribed, as may be specified by the Authority in the licence conditions. [30/2016] (5) Any fees payable under subsection (3) or (4) in respect of a licence — ( a ) need not bear any relationship to the cost of granting or administering the licence; and ( b ) are recoverable by the Authority from the licensee as a debt due to the Authority. [30/2016] (6) A licensee is not entitled to the refund of any fee paid under subsection (3) or (4) if — ( a ) the licence is cancelled or suspended, or the period of the licence is reduced, under section 10; or ( b ) the licence is terminated at the request of the licensee. [30/2016] (7) No person is to question whether the grant of a licence under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection must not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister. (8) The grant of licences under this section is at the discretion of the Authority. (9) This section does not prevent the Minister from directing the Authority to grant a licence in any specific case. [10/2005] (10) Anything done under and in accordance with a licence granted under subsection (1) does not constitute an infringement of the privilege conferred by section 3.


document_id: ta-1999
provision_ref: s6
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF
section: 6
title: Power to grant spectrum right
content:
6. —(1) The Authority may, with the consent of or in accordance with the terms of a general authority given by the Minister, grant any spectrum right — ( a ) unconditionally or subject to such conditions as the Authority may impose and specify in the grant of the spectrum right, including conditions on the sharing and trading of radio frequency spectrum; and ( b ) irrevocably or subject to revocation as specified in the grant of the spectrum right for the allocation and use of the radio frequency spectrum specified in the grant. [10/2005] (2) A spectrum right may be granted under subsection (1) to any person or class of persons, or to a particular person. [10/2005] (3) For the purposes of subsection (1), the Authority may, subject to the regulations made under section 97, specify, in such form and manner as the Authority thinks fit — ( a ) the procedure and requirements for the grant of a spectrum right under subsection (1); ( b ) the conditions for participating in the process for the allocation of the spectrum right; and ( c ) the fees and charges payable, or the manner of determining the fees and charges payable, for the grant of the spectrum right. [30/2016] (4) Without affecting subsection (3), the Authority may employ any, or any combination, of the following methods to determine the grant of a spectrum right: ( a ) auction; ( b ) tender; ( c ) allocation of the spectrum right in exchange for such fees or charges as determined or negotiated by the Authority. [30/2016] (5) The grant of a spectrum right to a person under subsection (1) is subject to the person paying to the Authority such fees or charges as may be specified, or as may be determined in the manner specified, by the Authority under subsection (3)( c ). [30/2016] (6) A person who is granted a spectrum right under subsection (1) must also pay to the Authority such other fees or charges for the grant, or such periodic fees or charges for the duration of the grant, or both, as may be specified, or as may be determined in the manner specified, by the Authority under subsection (3)( c ). [30/2016] (7) The fees or charges payable by a person to the Authority under subsections (5) and (6) are recoverable by the Authority from the person as a debt due to the Authority. [30/2016] (8) No person is to question whether the grant of a spectrum right under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a spectrum right granted under that subsection must not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister. [10/2005] (9) The grant of spectrum rights under subsection (1) is at the discretion of the Authority. [10/2005] (10) This section does not prevent the Minister from directing the Authority to grant a spectrum right in any specific case. [10/2005] (11) Anything done under and in accordance with a spectrum right granted under subsection (1) does not constitute an infringement of the privilege conferred by section 3. [10/2005] (12) For the purposes of giving effect to this section or any of the regulations referred to in subsection (13), the Authority may give directions to any person who has been granted a spectrum right under subsection (1) concerning the use of the spectrum right. [10/2005] (13) For the purposes of giving effect to this section, the Authority may by regulations made under section 97 — ( a ) provide for the exclusion of any person from participation, or limiting the person’s participation, in the process of allocation of any spectrum right; ( b ) without affecting subsection (1)( a ), specify the types of conditions that the Authority may impose on the grant of any spectrum right; ( c ) provide for the variation of the conditions of the grant of any spectrum right; ( d ) provide for the resumption, by agreement or compulsorily, of any spectrum right or part of any spectrum right; ( e ) provide for the suspension or cancellation of the grant of any spectrum right or part of any spectrum right and the grounds for suspension or cancellation; and ( f ) impose on a person who is granted any spectrum right, for the breach of any of the conditions of that grant or of any direction issued under this section, a financial penalty of an amount not exceeding the higher of the following amounts: (i) 10% of the annual turnover of that part of the person’s business in respect of which the person is granted the spectrum right, as ascertained from the person’s latest audited accounts; or (ii) $1 million. [5A [10/2005; 19/2011; 30/2016]


