# legal_provisions

document_id: imdaa-2016
provision_ref: s67
chapter: PART 7 - COMPETITION AND CONSUMER PROTECTION
section: 67
title: Dispute resolution
content:
67. —(1) A code of practice may provide for the resolution of any dispute between private persons (whether regulated persons or otherwise) in respect of any provision of the code of practice. (2) The Authority may determine the dispute if — ( a ) the code of practice provides for the Authority’s determination of the dispute; and ( b ) a party to the dispute applies to the Authority for its determination. (3) The Authority must deal with and determine the dispute in accordance with the procedures and powers specified in the code of practice. (4) To avoid doubt, this section does not apply to disputes between subscribers and designated media licensees (within the meaning of section 65A), arising from or relating to the provision of media services by the designated media licensees to the subscribers. [30/2016]


document_id: imdaa-2016
provision_ref: s68
chapter: PART 7 - COMPETITION AND CONSUMER PROTECTION
section: 68
title: Appeals to Minister
content:
68. —(1) Any person who is aggrieved by any act, direction or decision of the Authority under this Part or anything contained in a code of practice (collectively called in this section the Authority’s decision) may appeal to the Minister. (2) An appeal under this section — ( a ) must be in writing; ( b ) must specify the grounds on which it is made; and ( c ) must be made within 14 days after the appellant is notified of the Authority’s decision or such longer period as the Minister may allow in the appellant’s case. (3) The Minister may require — ( a ) any party to the appeal; or ( b ) 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 appeal, to provide the Minister with such information or document as the Minister may require for the purpose of considering and determining the appeal; and any person so required to provide the information or document must provide it in such manner and within such period as may be specified by the Minister. (4) A Minister may reject the appeal if the appellant does not comply with subsection (2) or (3). (5) The appeal does not affect the operation of the Authority’s decision or prevent the taking of any action to implement the Authority’s decision unless otherwise provided in this Part or directed by the Minister in any particular case. (6) A Minister may determine the appeal by confirming, varying or reversing the Authority’s decision, and the decision of the Minister is final. (7) The Minister may make regulations in respect of the manner in which an appeal may be made to the Minister under this section and the procedure to be adopted in hearing such appeals.


document_id: imdaa-2016
provision_ref: s69
chapter: PART 7 - COMPETITION AND CONSUMER PROTECTION
section: 69
title: Power to disclose confidential information
content:
69. —(1) The Authority may disclose any information obtained by the Authority under this Act for the purposes of enabling the Authority to give effect to any provision of this Part. (2) When considering whether to disclose any information under subsection (1), the Authority must have regard to — ( a ) the need for excluding, so far as is practicable, information the disclosure of which would in the Authority’s opinion be contrary to the public interest; ( b ) the need for excluding, so far as is practicable — (i) commercial information the disclosure of which would, or might, in the Authority’s opinion, significantly harm the legitimate business interests of the undertaking to which it relates; or (ii) information relating to the private affairs of an individual the disclosure of which would, or might, in the Authority’s opinion, significantly harm the individual’s interest; and ( c ) the extent to which the disclosure is necessary for the purposes for which the Authority is proposing to make the disclosure.


document_id: imdaa-2016
provision_ref: s70
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 70
title: Powers of investigation
content:
70. —(1) Subject to section 73, an inspecting officer may, for the purposes of investigating an offence under this Act or the contravention of any provision of this Act, do all or any of the following: ( a ) require any person whom the inspecting officer reasonably believes to have committed that offence or contravention to provide evidence of that person’s identity; ( b ) require, by written notice, any person, whom the inspecting officer reasonably believes has — (i) any information; or (ii) any document in the person’s custody or control, that is relevant to the investigation, to provide that information or document, within such time and in such manner as may be specified in the written notice; ( c ) require, by written notice, any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter, to attend before the inspecting officer; ( d ) examine orally any person who appears to be acquainted with the facts or circumstances of the matter — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; or (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter. (2) The power to require a person to provide any information or document under subsection (1) includes the power — ( a ) to require that person to explain the information or document; ( b ) if the information or document is not provided, to require that person to state, to the best of that person’s knowledge and belief, where the information or document is; and ( c ) if the information is recorded otherwise than in legible form, to require that person to produce that information in legible form. (3) A person examined under subsection (1)( d ) 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 or punishment. (4) A statement made by a person examined under subsection (1)( d ) 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. (5) An inspecting officer may, without payment, take possession of or make copies of any document (or any part of it) provided under subsection (1), for further investigation.


document_id: imdaa-2016
provision_ref: s71
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 71
title: Power to enter premises under warrant
content:
71. —(1) A Magistrate may, on the application of the Authority, issue a warrant in respect of any premises if the Magistrate is satisfied that there are reasonable grounds to suspect that there is on the premises, any document — ( a ) which has been required by an inspecting officer under section 70 to be provided, but has not been provided in compliance with that requirement; or ( b ) which, if required by an inspecting officer under section 70 to be provided, will be concealed, removed, tampered with or destroyed. (2) If the Magistrate is also satisfied that there are reasonable grounds to suspect that there is, on those premises, any other document that relates to any matter relevant to the investigation concerned, the Magistrate may direct that the powers exercisable under the warrant extend to that other document. (3) A warrant under subsection (1) may authorise a named inspecting officer, and any other employee of the Authority whom the Authority has authorised in writing to accompany the inspecting officer — ( a ) to enter and search the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( b ) subject to section 73, to take possession of, make copies of, or secure against interference, any document (or any part of it) that appears to be a document mentioned in subsection (1) or (2) (called in this section the relevant document); ( c ) to require any person on the premises to explain of any relevant document or, where applicable, to state, to the best of that person’s knowledge and belief, where the relevant document may be found; and ( d ) subject to section 73, to require any relevant document that is stored in electronic form and accessible at the premises to be produced in a form that — (i) can be taken away; and (ii) is visible and legible. (4) The warrant continues in force until the end of the period of one month beginning on the day on which it is issued. (5) If the owner or occupier of the premises is present when the inspecting officer proposes to execute the warrant, the inspecting officer must — ( a ) identify himself or herself to the owner or occupier; ( b ) show the owner or occupier proof of the inspecting officer’s identity and authorisation; and ( c ) give the owner or occupier a copy of the warrant. (6) If there is no one at the premises when the inspecting officer proposes to execute the warrant, the inspecting officer must, before executing it — ( 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 ) where the occupier is so informed, give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed. (7) If the inspecting officer is unable to inform the occupier of the premises of the intended entry into the premises, the inspecting officer must, when executing the warrant, leave a copy of it in a prominent place on the premises. (8) The inspecting officer must — ( a ) prepare and sign a list of all documents and other things taken under subsection (3)( b ) and ( d ) in execution of the warrant; and ( b ) give a copy of the list to the occupier of the premises or the occupier’s legal or other representative. (9) On leaving the premises after executing the warrant, the inspecting officer must, if the premises are unoccupied or the occupier of the premises is temporarily absent, leave the premises as effectively secured as the inspecting officer found them. (10) In this section — “occupier”, in relation to any premises specified in a warrant under subsection (1), means a person whom the inspecting officer named in the warrant reasonably believes to be the occupier of those premises; “premises” includes any building, structure, vehicle, vessel or aircraft.


document_id: imdaa-2016
provision_ref: s72
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 72
title: Retention and disposal of documents, etc.
content:
72. —(1) Where an inspecting officer takes possession of any document under section 70(5) or 71(3), the Authority — ( a ) must ensure that the document is placed in safe custody; and ( b ) unless otherwise ordered by the Magistrate or a court, may retain, without payment, the document until the completion of the investigation or any proceedings (including proceedings on appeal) in which the document may be in evidence. (2) Any document retained by the Authority under subsection (1) must — ( a ) where the document is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; or ( b ) in any other case, be returned to the owner or, if the owner is not known, reported to a Magistrate. (3) Where the report of any document is made to a Magistrate under subsection (2)( b ), the Magistrate may order the document to be forfeited or to be disposed of in such manner as the Magistrate thinks fit. (4) Nothing in this section prejudices any right to retain or dispose of any property which may exist in law apart from this section.


document_id: imdaa-2016
provision_ref: s73
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 73
title: Information or document subject to legal privilege
content:
73. —(1) A person is not obliged under section 70 to provide any information or document that is subject to legal privilege. (2) An inspecting officer executing a warrant under section 71 is not authorised to take possession or make copy of any document that is subject to legal privilege. (3) For the purposes of this section, an information or a document is subject to legal privilege if — ( a ) it is a communication made between a lawyer and a client in connection with the lawyer giving legal advice to the client; ( b ) it is a communication made between 2 or more lawyers acting for a client in connection with one or more of the lawyers giving legal advice to the client; ( c ) it is a communication made between a legal counsel acting as such and his or her employer in connection with the legal counsel giving legal advice to the employer; ( d ) it is a communication made between 2 or more legal counsel acting as such for an employer in connection with one or more of the legal counsel giving legal advice to the employer; ( e ) it is a communication made — (i) between a client, or an employer of a legal counsel, and another person; (ii) between a lawyer acting for a client and either the client or another person; or (iii) between a legal counsel acting as such for his or her employer and either the employer or another person, in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer (as the case may be) is or may be, or was or might have been, a party; ( f ) it is enclosed with or referred to in any communication mentioned in paragraph ( a ) or ( b ) and is made or prepared by any person in connection with a lawyer giving advice to the lawyer’s client; ( g ) it is enclosed with or referred to in any communication mentioned in paragraph ( c ) or ( d ) and is made or prepared by any person in connection with a legal counsel giving advice to the employer of the legal counsel; or ( h ) it is enclosed with or referred to in any communication mentioned in paragraph ( e ) and is made or prepared by any person in connection with, and for the purposes of, any legal proceedings described in that paragraph, but excludes any communication that is made, prepared or held with the intention of furthering a criminal purpose. (4) In this section — “client”, in relation to a lawyer, includes an agent of or other person representing the client; “employer”, in relation to a legal counsel, includes — ( a ) if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, every corporation so related as if the legal counsel is also employed by each of the related corporations; and ( b ) an employee or officer of the employer; “lawyer” means an advocate and solicitor, and includes an interpreter or other person who works under the supervision of an advocate and solicitor; “legal counsel” includes an interpreter or other person who works under the supervision of a legal counsel.


document_id: imdaa-2016
provision_ref: s74
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 74
title: Offences relating to enforcement
content:
74. —(1) A person who is — ( a ) required to provide evidence of the person’s identity under section 70(1)( a ); ( b ) issued a notice under section 70(1)( b ) or ( c ); or ( c ) required to provide any explanation under section 71(3)( c ) or produce any thing under section 71(3)( d ), must comply with that requirement or notice. (2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: imdaa-2016
provision_ref: s75
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 75
title: False or misleading information, statement or document, etc.
content:
75. —(1) A person must not make any statement, or provide any information or document, under this Act that the person knows to be false or misleading in any material particular. (2) A person must not intentionally alter, suppress, dispose or destroy any document or information which the person is required to provide under this Act. (3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: imdaa-2016
provision_ref: s76
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 76
title: Penalty for obstructing or hindering Authority
content:
76. —(1) A person must not obstruct or hinder — ( a ) the Authority or a member of the Authority; ( b ) a committee of the Authority or a committee member; or ( c ) the Chief Executive, or an employee or delegate of the Authority, in the performance of any function or the exercise of any power under this Act. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: imdaa-2016
provision_ref: s77
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 77
title: Composition of offences
content:
77. —(1) The Chief Executive, or an employee of the Authority authorised in writing by the Authority, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum 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. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: imdaa-2016
provision_ref: s78
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 78
title: Offences by corporations
content:
78. —(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 who is involved in the management of the corporation and is 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) 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 as defined in 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 person’s knowledge, intention, opinion, belief or purpose; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: imdaa-2016
provision_ref: s79
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 79
title: Offences by unincorporated associations or partnerships
content:
79. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or 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) 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 person’s knowledge, intention, opinion, belief or purpose; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: imdaa-2016
provision_ref: s80
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 80
title: Service of documents
content:
80. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number given by the individual as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s last email address. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) This section does not apply to documents to be served in proceedings in court. (7) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: imdaa-2016
provision_ref: s81
chapter: PART 8 - ADMINISTRATION AND ENFORCEMENT
section: 81
title: Regulations
content:
81. The Authority may, with the approval of the Minister, make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.


document_id: imdaa-2016
provision_ref: s82
chapter: PART 9 - TRANSFER OF UNDERTAKINGS AND PERSONNEL
section: 82
title: Interpretation of this Part
content:
82. In this Part, unless the context otherwise requires — “agreement” includes an arrangement and an undertaking; “asset”, in relation to a transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of that transferor on the eve of the transfer date and includes, without limitation, any — ( a ) legal or equitable interest in real or personal property, whether situated in or outside Singapore; ( b ) chose in action; ( c ) money or securities; ( d ) plant and equipment, whether situated in or outside Singapore; ( e ) intellectual property; ( f ) infrastructure, whether situated in or outside Singapore; and ( g ) right; “Info-communications Development Authority of Singapore” means the Info‑communications Development Authority of Singapore established by section 3 of the Info‑communications Development Authority of Singapore Act (Cap. 137A, 2000 Revised Edition); “liability”, in relation to a transferor, means any liability, debt or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly, or jointly and severally, with any other person) of that transferor on the eve of the transfer date; “MDA employee”, means an individual who, on the eve of the transfer date, is an employee of the Media Development Authority of Singapore; “Media Development Authority of Singapore” means the Media Development Authority of Singapore established by section 3 of the Media Development Authority of Singapore Act (Cap. 172, 2003 Revised Edition); “Personal Data Protection Commission” means the Personal Data Protection Commission established by section 5(1) of the Personal Data Protection Act 2012 in force immediately before the transfer date; “records”, in relation to a transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of that transferor existing on the eve of the transfer date; “right”, in relation to a transferor, means any right, power, privilege or immunity of that transferor on the eve of the transfer date; “transfer date” means 1 October 2016; “transferor” means — ( a ) the Info‑communications Development Authority of Singapore; ( b ) the Media Development Authority of Singapore; or ( c ) the Personal Data Protection Commission; “transferring IDA employee” means an employee of the Info‑communications Development Authority of Singapore who, on the eve of the transfer date, is in the Info‑communications Media Development Authority Designate Wing of the Info‑communications Development Authority of Singapore; “transferring IDA function” means the functions discharged by the Info‑communications Media Development Authority Designate Wing of the Info‑communications Development Authority of Singapore on the eve of the transfer date.


document_id: imdaa-2016
provision_ref: s83
chapter: PART 9 - TRANSFER OF UNDERTAKINGS AND PERSONNEL
section: 83
title: Transfer of undertakings to Authority
content:
83. —(1) On the transfer date — ( a ) all assets and liabilities of the Media Development Authority of Singapore; ( b ) all assets and liabilities of the Info‑communications Development Authority of Singapore to the extent that they relate, directly or indirectly, to the transferring IDA function; ( c ) all liabilities of the Info‑communications Development Authority of Singapore relating to the payment of benefits under the Pensions Act 1956 to the former employees of the Info‑communications Development Authority of Singapore (or its predecessors); and ( d ) all assets and liabilities of the Personal Data Protection Commission, are transferred to the Authority. (2) A certificate signed by the Minister certifying whether an asset or a liability specified in the certificate has been transferred to the Authority under subsection (1) is admissible in evidence in any proceedings as proof of the matters stated in the certificate. (3) When any asset or liability of a transferor is transferred to the Authority under subsection (1), the following provisions have effect: ( a ) the asset vests in the Authority without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liability becomes the liability of the Authority; ( c ) all legal or other proceedings relating to that asset or liability that are pending immediately before the transfer date by or against that transferor (or a predecessor of that transferor) are taken to be proceedings pending by or against the Authority; ( d ) any legal or other proceedings relating to that asset or liability which could have been started immediately before the transfer date by or against that transferor (or a predecessor of that transferor) may be started by or against the Authority; ( e ) a judgment or order of a court or other tribunal obtained before the transfer date by or against that transferor (or a predecessor of that transferor) relating to that asset or liability becomes enforceable by or against the Authority; ( f ) any document in any legal or other proceedings relating to that asset or liability that has been served on or by that transferor (or a predecessor of that transferor) before the transfer date is taken, where appropriate, to have been served on or by the Authority; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to that asset or liability by, to or in respect of that transferor (or a predecessor of that transferor) is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted to be done by, to or in respect of the Authority; ( h ) a reference to that transferor (or a predecessor of that transferor) in any Act, any instrument made under any Act, any agreement or any document of any kind is taken to be or includes (to the extent to which the reference relates to that asset or liability) a reference to the Authority; ( i ) any agreement relating to that asset or liability and to which that transferor (or a predecessor of that transferor) is a party becomes enforceable by or against the Authority. (4) The operation of this section does not — ( a ) constitute a breach of, or default under, any Act or other law, or any agreement, or otherwise a civil wrong or criminal wrong; ( b ) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); ( c ) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; ( d ) constitute a termination of any agreement or obligation, fulfil any condition that allows a person to terminate or otherwise releases a person from any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; or ( e ) constitute frustration of any contract, or cause any agreement to be void or otherwise unenforceable. (5) No attornment to the Authority by a lessee of a transferor is required.


document_id: imdaa-2016
provision_ref: s84
chapter: PART 9 - TRANSFER OF UNDERTAKINGS AND PERSONNEL
section: 84
title: Transfer of employees to Authority
content:
84. —(1) On the transfer date — ( a ) every MDA employee stops being an employee of the Media Development Authority of Singapore; and ( b ) every transferring IDA employee stops being an employee of the Info‑communications Development Authority of Singapore, and is each transferred to the service, and becomes an employee, of the Authority on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. (2) A certificate signed by the Minister certifying whether an individual named in the certificate has been transferred to the service of the Authority under subsection (1) is admissible in evidence in any proceedings as proof of the matters stated in the certificate. (3) The transfer of an employee of a transferor to the Authority under subsection (1) — ( a ) does not interrupt continuity of that employee’s service; ( b ) does not constitute a retrenchment or redundancy of that employee’s employment by the transferor; and ( c ) does not entitle that employee to any compensation or other payment or benefit merely because he or she stops being employed by the transferor. (4) Nothing in this section prevents — ( a ) any of the terms and conditions of employment of an individual transferred to the service of the Authority under subsection (1) from being altered by or under any law, award or agreement with effect from any time after the transfer date; and ( b ) an individual transferred to the service of the Authority under subsection (1) from resigning from such service any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. (5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer of any employee of a transferor to the service of the Authority under subsection (1).


document_id: imdaa-2016
provision_ref: s85
chapter: PART 9 - TRANSFER OF UNDERTAKINGS AND PERSONNEL
section: 85
title: General preservation of employment terms, etc.
content:
85. —(1) When an employee of a transferor is transferred to the service of the Authority under section 84(1) (called in this section a transferred employee), the transferred employee’s service with the Authority must be regarded for all purposes as having been continuous with his or her service with that transferor immediately before the transfer date. (2) On the transfer date — ( a ) a transferred employee retains all accrued rights as if his or her employment with the Authority were a continuation of employment with that transferor; ( b ) the liabilities of that transferor relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Authority; and ( c ) a reference in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Authority. (3) Until such time as the Authority draws up the terms and conditions of employment for the transferred employee, the Authority is to be regarded as employing the transferred employee on the same terms and conditions of his or her employment with that transferor on the eve of the transfer date. (4) Any term or condition of employment drawn up by the Authority relating to the length of service of the transferred employee with the Authority must recognise the length of service of that employee with that transferor (including any previous service of that employee taken to be service with that transferor) to be service with the Authority. (5) For any conduct of the transferred employee when he or she was employed by that transferor which would have rendered that employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by that transferor, the Authority may — ( a ) start any disciplinary proceedings against that employee; ( b ) carry on and complete any disciplinary proceedings started by that transferor against that employee if those proceedings are pending on the eve of the transfer date; and ( c ) reprimand, reduce in rank, retire, dismiss or otherwise punish that employee as if that employee were not transferred and this Act had not been enacted. (6) Where, on the eve of the transfer date, any matter about the conduct of the transferred employee during his or her employment with that transferor concerned — ( a ) was in the course of being heard or investigated by a committee of that transferor acting under due authority; or ( b ) had been heard or investigated, but no order, ruling or direction had been made, by that committee, that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Authority.


document_id: imdaa-2016
provision_ref: s86
chapter: PART 9 - TRANSFER OF UNDERTAKINGS AND PERSONNEL
section: 86
title: Transfer of records
content:
86. On the transfer date, the following records become the records of the Authority: ( a ) all records of the Media Development Authority of Singapore; ( b ) every record, or part of a record, of the Info‑communications Development Authority of Singapore that relates to — (i) any asset or liability transferred to the Authority under section 83(1); or (ii) any transferring IDA employee; ( c ) all records of the Personal Data Protection Commission.


document_id: imdaa-2016
provision_ref: s87
chapter: PART 10 - REPEAL, SAVING AND TRANSITIONAL PROVISIONS
section: 87
title: Interpretation of this Part
content:
87. In this Part, unless the context otherwise requires — “Former IDA” means the Info‑communications Development Authority of Singapore established by section 3 of the Info‑communications Development Authority of Singapore Act (Cap. 137A, 2000 Revised Edition); “Former MDA” means the Media Development Authority of Singapore established by section 3 of the Media Development Authority of Singapore Act (Cap. 172, 2003 Revised Edition); “principal Act” means any Act under which the Former IDA or the Former MDA performed any function or exercised any power before the transfer date, excluding the Info‑communications Development Authority of Singapore Act and the Media Development Authority of Singapore Act; “transfer date” means 1 October 2016; “transferring IDA function”, in relation to the Former IDA, has the meaning given by section 82.


document_id: imdaa-2016
provision_ref: s88
chapter: PART 10 - REPEAL, SAVING AND TRANSITIONAL PROVISIONS
section: 88
title: Application of this Part
content:
88. —(1) This Part applies in respect of — ( a ) the Former IDA in relation to the transferring IDA function; and ( b ) the Former MDA. (2) This Part does not affect the operation of, or derogate from — ( a ) any provision in Part 9; or ( b ) section 16 of the Interpretation Act 1965. 89. [ Omitted as having had effect ]


document_id: imdaa-2016
provision_ref: s90
chapter: PART 10 - REPEAL, SAVING AND TRANSITIONAL PROVISIONS
section: 90
title: Repeal of Media Development Authority of Singapore Act
content:
90. —(1) Any approval, code of practice, decision, determination, direction, exemption, notice or notification that — ( a ) is issued or given by the Former MDA or the Minister under Part IV of the Media Development Authority of Singapore Act (Cap. 172, 2003 Revised Edition); and ( b ) is in force immediately before the transfer date, remains in force and is deemed to have been issued or given by the Authority under Part 7 of this Act, to the extent that it is not inconsistent with Part 7. (2) Any reference to a provision in Part IV of the Media Development Authority of Singapore Act (Cap. 172, 2003 Revised Edition) (called in this section a former provision) in any approval, code of practice, decision, determination, direction, exemption, notice or notification mentioned in subsection (1) is to be taken as a reference to the provision in Part 7 of this Act that is substantially the same as the former provision (called in this section the corresponding provision). (3) Any infringement of a former provision before the transfer date is deemed to be an infringement of the corresponding provision. (4) Any application that is made to the Former MDA under a former provision and is pending on the transfer date is deemed to be an application made to the Authority under the corresponding provision. (5) Any appeal that is made to the Minister under section 27(2) of the Media Development Authority of Singapore Act (Cap. 172, 2003 Revised Edition) against any act, direction or decision of the Former MDA under Part IV of that Act, and is pending on the transfer date, is deemed to be, and is to be continued as, an appeal made under section 68 of this Act.


document_id: imdaa-2016
provision_ref: s91
chapter: PART 10 - REPEAL, SAVING AND TRANSITIONAL PROVISIONS
section: 91
title: Saving and transitional provisions for principal Acts
content:
91. —(1) Any approval, authorisation, code of practice (including standard of performance), decision, determination, direction, exemption, licence, guideline, notice (or other document) or order — ( a ) that is issued or given by the Former IDA (in relation to the transferring IDA function) or the Former MDA under any principal Act; and ( b ) that is in force immediately before the transfer date, remains in force and is deemed to have been issued or given by the Authority under that principal Act, to the extent that it is not inconsistent with that principal Act (as amended on 1 October 2016). (2) Any application that is made to the Former IDA (in relation to the transferring IDA function) or the Former MDA under any principal Act and is pending on the transfer date is deemed to be an application made to the Authority under that principal Act, to the extent that it is not inconsistent with that principal Act (as amended on 1 October 2016). (3) Any appeal that is made to the Minister under any principal Act against any act, direction or decision of, or anything contained in any instrument or other document issued by, the Former IDA (in relation to the transferring IDA function) or the Former MDA and is pending on the transfer date is deemed to be an appeal against the Authority under that principal Act.


document_id: imdaa-2016
provision_ref: s92
chapter: PART 10 - REPEAL, SAVING AND TRANSITIONAL PROVISIONS
section: 92
title: Other saving and transitional provisions
content:
92. —(1) Every act done by or on behalf of the Former IDA (in relation to the transferring IDA function) or the Former MDA has effect as though it was done by or on behalf of the Authority, and remains in force until such time as the Authority invalidates, revokes, cancels or otherwise determines that act. (2) Where anything has been started by or on behalf of the Former IDA (in relation to the transferring IDA function) or the Former MDA before the transfer date, the Authority may carry on and complete that thing on or after that date.


document_id: ioipa-1948
provision_ref: s2
section: 2
title: Privileges, immunities and capacities of certain international organisations and their staff
content:
2. —(1) This section applies to the following: ( a ) any organisation declared by an order of the President to be an organisation of which the Government and the government or governments of one or more foreign sovereign Powers are members; ( b ) any organisation specified in the First Schedule. [16/2016] (2) The President may by order — ( a ) provide that any organisation to which this section applies (referred to in this Act as the organisation) shall, to such extent as may be specified in the order, have the immunities and privileges set out in Part 1 of the Second Schedule, and shall also have the legal capacities of a body corporate; ( b ) confer upon — (i) any persons who are representatives (whether of governments or not) on any organ of the organisation or are members of any committee of the organisation or of an organ thereof; (ii) such number of officers of the organisation as may be specified in the order, being the holders of such high offices in the organisation as may be so specified; and (iii) such persons employed on missions on behalf of the organisation as may be so specified, to such extent as may be specified in the order, the immunities and privileges set out in Part 2 of the Second Schedule; and ( c ) confer upon such other classes of officers and employees of the organisation as may be specified in the order, to such extent as may be so specified, the immunities and privileges set out in Part 3 of the Second Schedule, and Part 4 of the Second Schedule shall have effect for the purpose of extending to the staff of such representatives and members as are mentioned in paragraph ( b )(i) and to the families of officers of the organisation any immunities and privileges conferred on the representatives, members or officers under paragraph ( b ), except insofar as the operation of Part 4 of the Second Schedule is excluded by the order conferring the immunities and privileges: Provided that the order shall be so framed as to secure that there are not conferred on any person any immunities or privileges greater in extent than those which, at the time of the making of the order, are required to be conferred on that person in order to give effect to any international agreement in that behalf. [16/2016] (3) Where immunities and privileges are conferred on any persons by an order made under subsection (2), the President — ( a ) shall compile a list of the persons entitled to immunities and privileges conferred under subsection (2)( b ), and may compile a list of the persons entitled to immunities and privileges conferred under subsection (2)( c ); ( b ) shall cause any list compiled under this subsection to be published in the Gazette ; and ( c ) whenever any person ceases or begins to be entitled to the immunities and privileges to which any such list relates, shall amend the list and cause a notice of the amendment or, if the President thinks fit, an amended list to be published in the Gazette . (4) Every list or notice published under subsection (3) shall state the date from which the list or amendment takes or took effect; and the fact that any person is or was included or not included at any time among the persons entitled to the immunities and privileges in question may, if a list of those persons has been so published, be conclusively proved by producing the Gazette containing the list or, as the case may be, the last list taking effect before that time, together with the Gazettes (if any) containing notices of the amendments taking effect before that time, and by showing that the name of that person is or was at that time included or not included in that list.


document_id: ioipa-1948
provision_ref: s3
section: 3
title: Diplomatic immunities of representatives attending international conferences
content:
3. —(1) Where a conference is held in Singapore and is attended by the representatives of the Government and the government or governments of one or more foreign sovereign Powers and it appears to the President that doubts may arise as to the extent to which the representatives of the foreign Powers and members of their official staff are entitled to diplomatic immunities, the President may — ( a ) compile a list of the persons aforesaid who are entitled to such immunities, and cause that list to be published in the Gazette ; and ( b ) whenever it appears to the President that any person ceases or begins to be entitled to such immunities, amend the list and cause a notice of amendment or, if the President thinks fit, an amended list, to be published in the Gazette , and every representative of a foreign Power who is for the time being included in the list shall, for the purpose of any law and rule of law or custom relating to the immunities of an envoy of a foreign Power accredited to the President, and of the retinue of such an envoy, be treated as if he were such an envoy, and such of the members of his official staff as are for the time being included in the list shall be treated for that purpose as if they were his retinue. (2) Every list or notice published under subsection (1) in relation to any conference shall include a statement of the date from which the list or amendment takes or took effect; and the fact that any person is or was included or not included at any time among the persons entitled to diplomatic immunities as representatives attending the conference or as members of the official staff of any such representative may, if a list of those persons has been so published, be conclusively proved by producing the Gazette containing the list or, as the case may be, the list taking effect before that time, together with the Gazettes (if any) containing notices of the amendments taking effect before that time, and by showing that the name of that person is or was at that time included or not included in that list.


document_id: ioipa-1948
provision_ref: s4
section: 4
title: Application to United Nations
content:
4. This Act in its application to the United Nations has effect subject to the following modifications: ( a ) any reference to the governing body or any committee of the organisation shall be construed as referring to the General Assembly or any council or other organ of the United Nations; ( b ) the powers conferred by section 2(2) include power by order to confer on the judges and registrars of the International Court and on suitors to that Court and their agents, counsel and advocates, such immunities, privileges and facilities as may be required to give effect to any resolution of, or convention approved by, the General Assembly of the United Nations.


document_id: ioipa-1948
provision_ref: s5
section: 5
title: Reciprocal treatment
content:
5. Nothing in sections 2, 3 and 4 shall be construed as precluding the President from declining to accord immunities or privileges to, or from withdrawing immunities or privileges from, nationals or representatives of any Power on the ground that that Power is failing to accord corresponding immunities or privileges to Singapore nationals or representatives.


document_id: ipa-2017
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “act of terrorism” means any of the following: ( a ) a terrorist bombing offence within the meaning of the Terrorism (Suppression of Bombings) Act 2007; ( b ) a terrorist act within the meaning of the Terrorism (Suppression of Financing) Act 2002; “Appeal Advisory Board” means the Appeal Advisory Board established under section 63; “approved security plan”, for a special development or a special infrastructure, means any security plan that is approved by the Commissioner and is in force for that special development or that special infrastructure under this Act; “authorised officer”, for a protected area or a protected place, means — ( a ) a police officer; ( b ) an officer or a senior military expert of the Singapore Armed Forces; ( c ) a soldier of the Singapore Armed Forces who is deployed to guard that protected area or that protected place; ( d ) an officer or a member of a visiting force lawfully present in Singapore who is deployed to guard that protected area or that protected place under the terms of any treaty, agreement or arrangement to which the Government is a party; ( e ) a prison officer (as defined in section 2 of the Prisons Act 1933) who is deployed to guard that protected area or that protected place; ( f ) an immigration officer (as defined in section 2 of the Immigration Act 1959) who is deployed to guard that protected area or that protected place; ( g ) an auxiliary police officer who is deployed to guard that protected area or that protected place; or ( h ) a security officer who is authorised by the Commissioner of Police under section 6(1) and is deployed to guard that protected area or that protected place; “authority” — ( a ) for a protected area, means the person who is designated as the authority of the protected area in the protected area order for the protected area; or ( b ) for a protected place, means the person who is designated as the authority of the protected place in the protected place order for the protected place; “auxiliary police officer” has the meaning given by section 2(1) of the Police Force Act 2004; “building” means any permanent or temporary building or structure; “Commissioner” means the Commissioner of Infrastructure Protection appointed under section 5, and (subject to any condition or restriction imposed under that section) includes a Deputy Commissioner of Infrastructure Protection or an Assistant Commissioner of Infrastructure Protection appointed under that section; “Commissioner of Police” means the Commissioner of Police appointed under section 6(1) of the Police Force Act 2004; “critical asset”, for any premises, means any facility, system or equipment which, if damaged or destroyed, may have a debilitating impact on the functioning of the premises; “document” has the meaning given by section 29 of the Penal Code 1871; “major renovation”, for any premises, means — ( a ) in the case of any part of a building that contains a critical asset, or is a public place or is otherwise accessible to vehicles or vessels, any alteration, extension, repair, dismantling or demolition works carried out to the structure or glazing of that part; ( b ) any installation or relocation of a critical asset in the premises; or ( c ) any alteration, extension, dismantling or demolition works affecting the perimeter of the premises; “member of a state force” means any of the following persons: ( a ) a police officer; ( b ) an auxiliary police officer; ( c ) an officer, a senior military expert or a soldier of the Singapore Armed Forces; ( d ) a member of the Singapore Civil Defence Force, as defined in section 2 of the Civil Defence Act 1986; ( e ) any public officer, or any officer in a class of public officers, authorised in writing by the Minister for the purposes of Part 6; “new development” means any new development that is proposed to be or being constructed; “occupier”, for any premises, means the person in occupation or having the charge, management or control of the premises; “officer”, “senior military expert”, “serviceman” and “soldier”, in relation to the Singapore Armed Forces, have the meanings given by section 2(1) of the Singapore Armed Forces Act 1972; “owner” — ( a ) for the common property of a building erected on land comprised in a strata title plan, means the management corporation having control of the building; ( b ) for the limited common property of a building erected on land comprised in a strata title plan, means the subsidiary management corporation having control of that limited common property; ( c ) for the common property of a building comprising flats sold under Part 4 of the Housing and Development Act 1959, means — (i) in the case where a Town Council (established under the Town Councils Act 1988) is liable for the management of that common property, the Town Council; and (ii) in any other case, the Housing and Development Board (established under the Housing and Development Act 1959); and ( d ) for any other premises, includes any mortgagee in possession and any person for the time being receiving the rent for the premises whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the premises were let to a tenant, and any 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; “personal property”, in relation to a person, means any thing worn or carried by the person or apparently in the immediate control of the person; “police officer” has the meaning given by section 2(1) of the Police Force Act 2004; “premises” includes — ( a ) any building; ( b ) any land, whether built on or not; ( c ) any body of water; and ( d ) any area or place, whether or not enclosed, and whether underground or underwater; “protected area” means any premises in Singapore declared in a protected area order to be a protected area; “protected area order” means an order made under section 8 declaring any premises to be a protected area, and includes the order as amended under section 11; “protected infrastructure” means — ( a ) a protected area; ( b ) a protected place; ( c ) a special development; ( d ) a special infrastructure; or ( e ) any premises in respect of which a security directive under section 55 or a Minister’s order under section 58 is issued; “protected place” means any premises in Singapore declared in a protected place order to be a protected place; “protected place order” means an order made under section 14 declaring any premises to be a protected place, and includes the order as amended under section 17; “public place” means any premises to which the public, or a section of the public, ordinarily has access, whether on payment, by invitation, as of right, or by express or implied permission; “repealed Act” means the Protected Areas and Protected Places Act (Cap. 256, 2013 Revised Edition) repealed by this Act; “responsible person”, for a special development or a special infrastructure, has the meaning given to that expression in section 32; “security agency” means any person licensed as a security agency under the Private Security Industry Act 2007; “security measure” includes any installation, equipment, works, action or procedure manufactured, used or designed to be used for the purposes of reducing a security risk; “security officer” has the meaning given by section 13 of the Private Security Industry Act 2007; “Singapore Armed Forces” has the meaning given by section 2(1) of the Singapore Armed Forces Act 1972; “special development” means a new development designated as a special development under section 34; “special infrastructure” means — ( a ) a special infrastructure described in section 40; or ( b ) any premises designated as a special infrastructure under section 41; “specified surrounding area”, for a protected area or a protected place, means any surrounding area of that protected area or that protected place that is specified in the protected area order (for that protected area) or the protected place order (for that protected place) for the purposes of sections 27 and 28; “specified works” — ( a ) for a special development, means any works for or affecting the foundation, retaining structure, substructure or superstructure of any building to be or being constructed under the special development; or ( b ) for a special infrastructure, means — (i) any extension of the special infrastructure; (ii) any major renovation to the special infrastructure; or (iii) any other type of works prescribed by the Minister; “temporary occupation permit”, for a special development or a special infrastructure, means a temporary occupation permit granted or a certificate of statutory completion issued under the Building Control Act 1989 for that special development or that special infrastructure; “vehicle” means any vehicle whether mechanically propelled or otherwise; “vessel” includes any ship, boat, craft (including submersible craft), floating platform or air‑cushioned vehicle, whether mechanically propelled or otherwise, that is used to navigate any body of water; “visiting force” has the meaning given by section 2(1) of the Visiting Forces Act 1960. (2) In this Act, unless the context otherwise requires, a reference to any premises, building or protected infrastructure includes a reference to a part of the premises, building or protected infrastructure.


document_id: ipa-2017
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application of this Act
content:
3. —(1) Except as provided in subsection (2), this Act binds the Government and applies to any premises owned or occupied by the Government. (2) Nothing in this Act renders the Government liable to prosecution for an offence. (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is an employee of or is engaged to provide services to the Government.


document_id: ipa-2017
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Operation of other written laws
content:
4. —(1) Nothing in this Act affects the operation of, or derogates from, the following written laws: ( a ) the Air Navigation Act 1966; ( b ) the Building Control Act 1989; ( c ) the Civil Defence Shelter Act 1997; ( d ) the Criminal Procedure Code 2010; ( e ) the Fire Safety Act 1993; ( f ) the Liquor Control (Supply and Consumption) Act 2015; ( g ) the Planning Act 1998; ( h ) the Police Force Act 2004; ( i ) the Private Security Industry Act 2007; ( j ) the Public Order Act 2009; ( k ) the Singapore Armed Forces Act 1972; ( l ) any other prescribed written law (or any part of that written law as prescribed). (2) To avoid doubt, nothing in this Act affects — ( a ) the exercise by a police officer or an auxiliary police officer of any power under the Criminal Procedure Code 2010, the Public Order Act 2009 or any other written law; or ( b ) the exercise by a serviceman of any power in accordance with section 201D of the Singapore Armed Forces Act 1972.


document_id: ipa-2017
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Appointment of Commissioner of Infrastructure Protection and other officers
content:
5. —(1) The Minister may, from among public officers, appoint a Commissioner of Infrastructure Protection, and any number of Deputy Commissioners of Infrastructure Protection and Assistant Commissioners of Infrastructure Protection that the Minister considers necessary for the purposes of this Act. (2) The Commissioner is, subject to the general and special directions of the Minister, responsible for the administration of this Act. (3) Every Deputy Commissioner of Infrastructure Protection and Assistant Commissioner of Infrastructure Protection may, subject to the conditions or restrictions that the Commissioner may impose, perform the functions and exercise the powers of the Commissioner under this Act.


document_id: ipa-2017
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Authorisation of security officers
content:
6. —(1) The Commissioner of Police may, subject to the conditions or restrictions that the Commissioner of Police thinks fit, authorise a security officer to be deployed to guard protected areas and protected places. (2) The Commissioner of Police may authorise a security officer under subsection (1) on the application of — ( a ) the security agency that supplies or intends to supply the services of the security officer to the authority of a protected area or protected place; or ( b ) the authority of a protected area or protected place that intends to deploy the security officer at that protected area or protected place. (3) The application must be made in such form and manner, and be accompanied or supported by such information and documents, as the Commissioner of Police may require. (4) The authorisation of a security officer under subsection (1) lapses on the earlier of the following: ( a ) the date on which the Commissioner of Police revokes the authorisation; ( b ) the date on which the security officer ceases to be a security officer. (5) The authorisation of a security officer under subsection (1), and any revocation of that authorisation under subsection (4)( a ), must be in writing, and the written instrument must be given to the security officer. (6) In this section, “Commissioner of Police” includes a police officer of the rank of assistant superintendent or above who is authorised by the Commissioner of Police to act for the Commissioner of Police for the purposes of this section.


document_id: ipa-2017
provision_ref: s7
chapter: PART 2 - ADMINISTRATION
section: 7
title: Authorised officers to be public servants
content:
7. Any person who, in the course of his or her duty as an authorised officer of a protected area or a protected place, exercises any power of an authorised officer under Part 3 is taken to be a public servant for the purposes of the Penal Code 1871 when exercising that power.


document_id: ipa-2017
provision_ref: s8
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 8
title: Declaration of protected area
content:
8. —(1) The Minister may by order declare any premises in Singapore to be a protected area if, in the Minister’s opinion, it is necessary or expedient that special measures be taken to control the movement and conduct of persons in the premises. (2) The Minister may make a protected area order for any premises — ( a ) on the application of the owner or occupier of the premises; or ( b ) on the Minister’s own volition. (3) The application under subsection (2)( a ) must be made in such form and manner, and be accompanied or supported by such information and documents, as the Minister may require. (4) Before making a protected area order for any premises on the Minister’s own volition, the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to do so to the owner or occupier of the premises that the Minister intends to designate as the authority of the protected area under section 9(1)( b ); and ( b ) give that owner or occupier 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed protected area order. (5) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make a protected area order.


document_id: ipa-2017
provision_ref: s9
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 9
title: Contents and effective date of protected area order
content:
9. —(1) A protected area order — ( a ) must specify the protected area (whether in the form of a description (of its location or boundaries), map or other representation); ( b ) must designate one or more owners, or one or more occupiers, of the protected area to be the authority of the protected area; ( c ) may, for the purposes of sections 27 and 28, specify any surrounding area of the protected area (whether in the form of a description (of its location or boundaries), map or other representation); and ( d ) must specify the date on which the protected area order takes effect. (2) In determining the date under subsection (1)( d ), the Minister must have regard to the time reasonably required for the authority to have in place on that date the measures required under section 12(1). (3) Where the protected area order designates more than one owner, or more than one occupier, to be the authority of the protected area, each of those persons — ( a ) is jointly and severally responsible for discharging the duties of, and complying with the requirements imposed on, the authority under this Act; and ( b ) may jointly and severally exercise the powers of the authority under this Act.


document_id: ipa-2017
provision_ref: s10
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 10
title: Notice of protected area order
content:
10. —(1) The Minister must cause notice of a protected area order to be given, in the manner that the Minister considers appropriate in the circumstances — ( a ) to the authority of the protected area; and ( b ) to any other person who, in the Minister’s opinion, ought to have notice of the protected area order. (2) The Minister may, in addition to or in place of the notice of the protected area order required under subsection (1), cause the protected area order to be published in the Gazette . (3) Where the Minister causes the protected area order to be published in the Gazette in place of the notice of the protected area order required under subsection (1), the requirements of that subsection are taken to be satisfied. (4) To avoid doubt, the non-publication of a protected area order in the Gazette does not affect the validity of the protected area order.


document_id: ipa-2017
provision_ref: s11
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 11
title: Amendment of protected area order
content:
11. —(1) The Minister may, at any time, amend a protected area order (including before the effective date of the protected area order) by doing one or more of the following: ( a ) change the specification of the protected area; ( b ) change the authority of the protected area; ( c ) for the purposes of sections 27 and 28, specify any surrounding area (whether in the form of a description (of its location or boundaries), map or other representation), or change the specification of or delete any specified surrounding area, of the protected area. (2) The Minister may amend a protected area order under subsection (1) — ( a ) on the application of the authority of the protected area; or ( b ) on the Minister’s own volition. (3) The application under subsection (2)( a ) must be made in such form and manner, and be accompanied or supported by such information and documents, as the Minister may require. (4) Before amending a protected area order on the Minister’s own volition, the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to do so — (i) to the authority of the protected area; and (ii) where the Minister intends to change the authority of the protected area, to the owner or occupier of the protected area that the Minister intends to designate as the authority in the amended protected area order; and ( b ) give the authority and (where applicable) the person mentioned in paragraph ( a )(ii) 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed amendment. (5) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to amend a protected area order. (6) Sections 9 and 10 apply, with the necessary modifications, to an amended protected area order under this section.


document_id: ipa-2017
provision_ref: s12
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 12
title: Duties of authority of protected area
content:
12. —(1) The authority of a protected area must, on the date that the protected area order for the protected area takes effect, display prominently at the perimeter of the protected area adequate notices about the protected area. (2) Where the Minister amends the protected area order under section 11 (called in this section the amended order) by changing the specification of the protected area (called in this section the amended protected area), the authority of the amended protected area must, on the date that the amended order takes effect, display prominently at the perimeter of the amended protected area adequate notices about the amended protected area. (3) The authority must, while the protected area order or the amended order is in force — ( a ) display and maintain the notices required under subsection (1) or (2), as the case may be; ( b ) where guards are deployed by the authority in, or in any specified surrounding area of, the protected area, ensure that every guard so deployed is an authorised officer; and ( c ) provide such information about the guards deployed by the authority in, or in any specified surrounding area of, the protected area, at such times and in such form and manner, as the Minister or the Commissioner of Police may require. (4) Any person who contravenes subsection (3)( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (5) To avoid doubt, in subsection (3) — ( a ) a reference to a protected area includes a reference to an amended protected area; and ( b ) a reference to the authority of a protected area includes a reference to the authority of an amended protected area.


document_id: ipa-2017
provision_ref: s13
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 13
title: Revocation of protected area order
content:
13. —(1) The Minister may, at any time, revoke a protected area order — ( a ) on the application of the authority of the protected area; or ( b ) on the Minister’s own volition. (2) The application under subsection (1)( a ) must be made in such form and manner, and be accompanied or supported by such information and documents, as the Minister may require. (3) Before revoking a protected area order on the Minister’s own volition, the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to do so to the authority of the protected area; and ( b ) give the authority 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed revocation. (4) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to revoke a protected area order. (5) Section 10 applies, with the necessary modifications, to the revocation of a protected area order under this section. Division 2 &#x2014; Protected places


document_id: ipa-2017
provision_ref: s14
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 14
title: Declaration of protected place
content:
14. —(1) The Minister may by order declare any premises in Singapore to be a protected place if, in the Minister’s opinion, it is necessary or expedient that — ( a ) special precautions be taken to prevent the entry of unauthorised persons to the premises; and ( b ) special measures be taken to control the movement and conduct of persons in the premises. (2) The Minister may make a protected place order for any premises — ( a ) on the application of the owner or occupier of the premises; or ( b ) on the Minister’s own volition. (3) The application under subsection (2)( a ) must be made in such form and manner, and be accompanied or supported by such information and documents, as the Minister may require. (4) Before making a protected place order for any premises on the Minister’s own volition, the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to do so to the owner or occupier of the premises that the Minister intends to designate as the authority of the protected place under section 15(1)( b ); and ( b ) give that owner or occupier 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed protected place order. (5) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make a protected place order.


document_id: ipa-2017
provision_ref: s15
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 15
title: Contents and effective date of protected place order
content:
15. —(1) A protected place order — ( a ) must specify the protected place (whether in the form of a description (of its location or boundaries), map or other representation); ( b ) must designate one or more owners, or one or more occupiers, of the protected place to be the authority of the protected place; ( c ) may, for the purposes of sections 27 and 28, specify any surrounding area of the protected place (whether in the form of a description (of its location or boundaries), map or other representation); and ( d ) must specify the date on which the protected place order takes effect. (2) In determining the date under subsection (1)( d ), the Minister must have regard to the time reasonably required for the authority to have in place on that date the measures required under section 18(1). (3) Where the protected place order designates more than one owner, or more than one occupier, to be the authority of the protected place, each of those persons — ( a ) is jointly and severally responsible for discharging the duties of, and complying with the requirements imposed on, the authority under this Act; and ( b ) may jointly and severally exercise the powers of the authority under this Act.


document_id: ipa-2017
provision_ref: s16
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 16
title: Notice of protected place order
content:
16. —(1) The Minister must cause notice of a protected place order to be given, in the manner that the Minister considers appropriate in the circumstances — ( a ) to the authority of the protected place; and ( b ) to any other person who, in the Minister’s opinion, ought to have notice of the protected place order. (2) The Minister may, in addition to or in place of the notice of the protected place order required under subsection (1), cause the protected place order to be published in the Gazette . (3) Where the Minister causes the protected place order to be published in the Gazette in place of the notice of the protected place order required under subsection (1), the requirements of that subsection are taken to be satisfied. (4) To avoid doubt, the non-publication of a protected place order in the Gazette does not affect the validity of the protected place order.


document_id: ipa-2017
provision_ref: s17
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 17
title: Amendment of protected place order
content:
17. —(1) The Minister may, at any time, amend a protected place order (including before the effective date of the protected place order) by doing one or more of the following: ( a ) change the specification of the protected place; ( b ) change the authority of the protected place; ( c ) for the purposes of sections 27 and 28, specify any surrounding area (whether in the form of a description (of its location or boundaries), map or other representation), or change the specification of or delete any specified surrounding area, of the protected place. (2) The Minister may amend a protected place order under subsection (1) — ( a ) on the application of the authority of the protected place; or ( b ) on the Minister’s own volition. (3) The application under subsection (2)( a ) must be made in such form and manner, and be accompanied or supported by such information and documents, as the Minister may require. (4) Before amending a protected place order on the Minister’s own volition, the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to do so — (i) to the authority of the protected place; and (ii) where the Minister intends to change the authority of the protected place, to the owner or occupier of the protected place that the Minister intends to designate as the authority in the amended protected place order; and ( b ) give the authority and (where applicable) the person mentioned in paragraph ( a )(ii) 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed amendment. (5) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to amend a protected place order. (6) Sections 15 and 16 apply, with the necessary modifications, to an amended protected place order under this section.


document_id: ipa-2017
provision_ref: s18
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 18
title: Duties of authority of protected place
content:
18. —(1) The authority of a protected place must, on the date that the protected place order for the protected place takes effect — ( a ) display prominently at the perimeter of the protected place adequate notices about the protected place; and ( b ) have in place adequate measures (including the permit system mentioned in section 20) to prevent unauthorised entry to the protected place. (2) Where the Minister amends the protected place order under section 17 (called in this section the amended order) by changing the specification of the protected place (called in this section the amended protected place), the authority of the amended protected place must, on the date that the amended order takes effect — ( a ) display prominently at the perimeter of the amended protected place adequate notices about the amended protected place; and ( b ) have in place adequate measures (including the permit system mentioned in section 20) to prevent unauthorised entry to the amended protected place. (3) The authority must, while the protected place order or amended order is in force — ( a ) have in place and maintain the notices and measures required under subsection (1) or (2), as the case may be; ( b ) where guards are deployed by the authority in, or in any specified surrounding area of, the protected place, ensure that every guard so deployed is an authorised officer; and ( c ) provide such information about the guards deployed by the authority in, or in any specified surrounding area of, the protected place, at such times and in such form and manner, as the Minister or the Commissioner of Police may require. (4) Any person who contravenes subsection (3)( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (5) To avoid doubt, in subsection (3) — ( a ) a reference to a protected place includes a reference to an amended protected place; and ( b ) a reference to the authority of a protected place includes a reference to the authority of an amended protected place.


document_id: ipa-2017
provision_ref: s19
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 19
title: Revocation of protected place order
content:
19. —(1) The Minister may, at any time, revoke a protected place order — ( a ) on the application of the authority of the protected place; or ( b ) on the Minister’s own volition. (2) The application under subsection (1)( a ) must be made in such form and manner, and be accompanied or supported by such information and documents, as the Minister may require. (3) Before revoking a protected place order on the Minister’s own volition, the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to do so to the authority of the protected place; and ( b ) give the authority 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed revocation. (4) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to revoke a protected place order. (5) Section 16 applies, with the necessary modifications, to the revocation of a protected place order under this section. Division 3 &#x2014; Measures and powers for protection of
protected areas and protected places


document_id: ipa-2017
provision_ref: s20
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 20
title: No unauthorised entry to protected place
content:
20. —(1) A person must not enter a protected place unless the person — ( a ) has a permit issued by the authority of the protected place; or ( b ) is permitted to enter the protected place by an authorised officer of the protected place who is on duty at the protected place at that time. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ipa-2017
provision_ref: s21
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 21
title:
Directions to control persons’ entry to and movement and conduct in protected area or protected place

content:
21. —(1) The authority, or an authorised officer, of a protected area or a protected place may give directions to regulate, restrict or prohibit a person’s entry to, or movement or conduct in, that protected area or that protected place. (2) The directions under subsection (1) may be given generally or to a particular person or group of persons, and may be in writing or given orally. (3) Without limiting subsection (1), the directions under that subsection may include requiring a person who enters, is about to enter or is in that protected area or that protected place to do one or more of the following: ( a ) provide the person’s name and residential address; ( b ) furnish evidence of the person’s identity; ( c ) provide the person’s reason for entering or being in that protected area or that protected place; ( d ) permit a search to be made of the person; ( e ) where the person is the owner or operator of any vehicle or vessel that enters, is about to enter or is in that protected area or that protected place, permit a search to be made of the vehicle or vessel. (4) Every person who enters, is about to enter or is in that protected area or that protected place must comply with every direction given under subsection (1) generally or particularly to that person or to any group of persons comprising that person. (5) If the person who is required to be searched under this section is a woman, she must be searched by another woman with strict regard to decency. (6) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (7) In this section, “search”, in relation to a person, includes — ( a ) a search conducted by quickly running the hands over the person’s outer garments; and ( b ) an examination of any personal property of the person.


document_id: ipa-2017
provision_ref: s22
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 22
title: Powers against contravention of sections 20 and 21, etc.
content:
22. —(1) An authorised officer of a protected area or a protected place may exercise any power under subsection (2) against a person who enters, is about to enter or is in that protected area or that protected place if that person — ( a ) in the case of a protected area, contravenes section 21(4); ( b ) in the case of a protected place, contravenes section 20(1) or 21(4); or ( c ) in the authorised officer’s opinion — (i) does not have a good and lawful reason to enter or be in that protected area or that protected place; or (ii) is acting in a suspicious manner. (2) The authorised officer may, using such force as is reasonably necessary — ( a ) remove that person from that protected area or that protected place; or ( b ) without warrant, arrest that person. (3) The authorised officer may also, using such force as is reasonably necessary, remove from that protected area or that protected place any vehicle or vessel owned or operated by, or any personal property of, that person.


document_id: ipa-2017
provision_ref: s23
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 23
title: Special provision for arrest
content:
23. —(1) This section applies to the arrest under section 22(2)( b ) of a person who — ( a ) attempts to enter or is in a protected area or a protected place; and ( b ) does not stop despite being directed to do so at least 3 times by any authorised officer of that protected area or that protected place. (2) The force applied by an authorised officer of that protected area or that protected place to arrest that person may, if necessary to effect that person’s arrest, extend to the voluntary causing of that person’s death.


document_id: ipa-2017
provision_ref: s24
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 24
title: Arrest by authorised officers who are not police officers
content:
24. Where an authorised officer (not being a police officer) makes an arrest under section 22(2)( b ) — ( a ) the authorised officer must, without unnecessary delay, hand over the arrested person to a police officer; and ( b ) section 66(3), (4) and (5) of the Criminal Procedure Code 2010 applies to the arrested person as if the arrested person were handed over to the police officer under section 66(2) of that Code.


document_id: ipa-2017
provision_ref: s25
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 25
title: Measures for protection of protected area or protected place
content:
25. —(1) The Minister may authorise the authority of a protected area or a protected place to implement any measures (including defensive measures that involve or may involve danger to the life of a person entering or attempting to enter that protected area or that protected place) that the Minister considers necessary for the protection of that protected area or that protected place. (2) Where the authority of that protected area or that protected place implements any measure authorised by the Minister under subsection (1), the authority must take reasonably necessary precautions (including the prominent display of warning notices) to prevent any accidental entry to that protected area or that protected place. (3) Where the precautions mentioned in subsection (2) are taken, no person is entitled to any compensation or damages for any injury sustained or death caused as a result of any unauthorised entry to that protected area or that protected place.


document_id: ipa-2017
provision_ref: s26
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 26
title: Application of sections 27 and 28
content:
26. —(1) Sections 27 and 28 only apply to the specified surrounding area (if any) of a protected area or a protected place. (2) An authorised officer of a protected area or a protected place may exercise a power under sections 27 and 28 in any specified surrounding area of that protected area or that protected place — ( a ) in the case where the specified surrounding area is a public place, at any time; and ( b ) in any other case, only with the consent of the owner or occupier of the specified surrounding area.


document_id: ipa-2017
provision_ref: s27
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 27
title: Directions to move on from specified surrounding area of protected area or protected place
content:
27. —(1) An authorised officer of a protected area or a protected place may ask a person in the specified surrounding area of that protected area or that protected place to do one or more of the following: ( a ) provide the person’s name and residential address; ( b ) furnish evidence of the person’s identity; ( c ) provide the person’s reason for being in the specified surrounding area. (2) If a person in the specified surrounding area fails to comply with any request under subsection (1) or satisfy the authorised officer that the person has a good and lawful reason to be in the specified surrounding area, the authorised officer may, by written direction, require the person to do one or more of the following: ( a ) leave the specified surrounding area; ( b ) remove from the specified surrounding area any vehicle or vessel owned or operated by, or any personal property of, that person; ( c ) not return to or be in the specified surrounding area for a period specified in the written direction. (3) An authorised officer’s request under subsection (1) or direction under subsection (2) may be given to a person or a group of persons. (4) Every person in the specified surrounding area of a protected area or a protected place must comply with every request under subsection (1), and every direction under subsection (2), given to that person or any group of persons comprising that person. (5) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ipa-2017
provision_ref: s28
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 28
title: Inspection powers for specified surrounding area of protected area or protected place
content:
28. —(1) If an authorised officer of a protected area or a protected place reasonably suspects that any person in the specified surrounding area of that protected area or that protected place is carrying a dangerous item, the authorised officer may ask the person to do one or more of the following: ( a ) remove any garment worn by the person as specified by the authorised officer and allow the authorised officer to inspect the garment for any dangerous item; ( b ) remove any article from the person’s garment and allow the authorised officer to inspect the article for any dangerous item; ( c ) allow the authorised officer to inspect any other personal property of the person for any dangerous item; ( d ) allow the authorised officer to inspect any vehicle or vessel (that is in the specified surrounding area and is apparently owned or operated by the person) for any dangerous item; ( e ) remove any article specified by the authorised officer from that vehicle or vessel and allow the authorised officer to inspect the article for any dangerous item. (2) Any person who fails to comply with an authorised officer’s request under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (3) In this section — “dangerous item” means — ( a ) any weapon, substance or other thing the possession of which (for any purpose) would constitute an offence under any of the following written laws: (i) the Guns, Explosives and Weapons Control Act 2021; [Act 3 of 2021 wef 01/07/2025] (ii) the Corrosive and Explosive Substances and Offensive Weapons Act 1958; (iii) [ Deleted by Act 3 of 2021 wef 01/07/2025 ] ( b ) any biological agent, biological agent waste or toxin within the meaning of section 2 of the Biological Agents and Toxins Act 2005; ( c ) any radioactive material, radioactive substance or radioactive waste within the meaning of section 2(1) of the Radiation Protection Act 2007; or ( d ) any other hazardous material (whether gaseous, liquid or solid) that the Minister prescribes, by notification in the Gazette , to be a dangerous item for the purposes of this section; “inspect”, in relation to any garment, article, personal property, vehicle or vessel, includes handling the garment, article, personal property, vehicle or vessel, opening it and examining its contents.


document_id: ipa-2017
provision_ref: s29
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 29
title: Prohibited photography of protected area or protected place
content:
29. —(1) A person must not take any photograph of a protected area or a protected place (whether from inside, outside or above that protected area or that protected place) without the permission of the authority of that protected area or that protected place. (2) Where an authorised officer of a protected area or a protected place has any reason to suspect that a person is going to take, is taking or has taken any photograph of that protected area or that protected place in contravention of subsection (1), the authorised officer may do one or more of the following: ( a ) direct the person to immediately stop taking any photograph; ( b ) direct the person to immediately delete, erase or otherwise destroy any photograph taken; ( c ) direct the person to surrender to the authorised officer any photograph or any device containing, or any equipment used or about to be used to take, any photograph; ( d ) without warrant, and with such assistance and by such force as is reasonably necessary, seize any photograph taken or any device containing, or any equipment used or about to be used to take, any photograph. (3) Every person who is given a direction under subsection (2) must comply with the direction. (4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (5) In this section and section 30, a reference to the taking of a photograph includes a reference to — ( a ) the making of a film or a video recording; ( b ) the making of a recording of an image for the purpose of broadcasting or live‑streaming the image; and ( c ) the making of a drawing, diagram, plan, model, map, measurement, sounding or survey.


document_id: ipa-2017
provision_ref: s30
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 30
title: Prohibited photography using unmanned aircraft
content:
30. —(1) The powers under subsection (3) are only exercisable by an authorised officer of a protected area or a protected place who is designated by the Commissioner of Police for the purposes of this section (called in this section the designated authorised officer). (2) In designating an authorised officer under subsection (1), the Commissioner of Police may do all or any or the following: ( a ) limit the powers in subsection (3) that the designated authorised officer may exercise; ( b ) limit when or where the designated authorised officer may exercise any power under subsection (3); ( c ) limit the circumstances in which the designated authorised officer may exercise any power under subsection (3). (3) Where a designated authorised officer of a protected area or a protected place has any reason to suspect that an unmanned aircraft is being operated to take any photograph of that protected area or that protected place without the permission of its authority, the designated authorised officer may do one or more of the following: ( a ) direct any person whom the designated authorised officer reasonably believes to be involved in the operation of the unmanned aircraft — (i) to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or (ii) to fly the unmanned aircraft in the manner specified by the designated authorised officer; ( b ) without warrant, and with such assistance and by such force as is necessary — (i) assume control of the unmanned aircraft to fly it or end its flight, or land it, safely in the fastest practicable way; or (ii) end the flight of the unmanned aircraft in the fastest and safest practicable way; ( c ) without warrant, and with such assistance and by such force as is necessary, seize the unmanned aircraft, any component of the unmanned aircraft system for that aircraft, or any other thing, that the designated authorised officer believes on reasonable grounds — (i) to be evidential material relevant to an offence under subsection (4) or (5); or (ii) needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under subsection (4) or (5). (4) If any photograph of a protected area or a protected place is taken without the permission of its authority, using any equipment on board an unmanned aircraft while the unmanned aircraft is in flight, the operator of the unmanned aircraft, and the person taking the photograph if the person is not the operator, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (5) Any person who fails to comply with a direction given by a designated authorised officer under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (6) In proceedings for an offence under subsection (4) — ( a ) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that — (i) the premises concerned is a protected area or a protected place; or (ii) the unmanned aircraft had on board equipment for taking photographs when flying; but ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the photograph was not taken intentionally but was taken because of weather conditions or other unavoidable cause. (7) In this section — “operator”, for an unmanned aircraft, means a person who is engaged in the operation of the unmanned aircraft, and where the unmanned aircraft is a remotely piloted aircraft, includes — ( a ) the person who causes the remotely piloted aircraft to fly; and ( b ) the remote pilot of the aircraft with duties essential to the operation of the remotely piloted aircraft, such as manipulating the flight controls as appropriate during flight time, if the remote pilot is not the operator; “remotely piloted aircraft”, “unmanned aircraft” and “unmanned aircraft system” have the meanings given by section 2(1) of the Air Navigation Act 1966.


document_id: ipa-2017
provision_ref: s31
chapter: PART 3 - PROTECTED AREAS AND PROTECTED PLACES
section: 31
title: Authorised officer to produce evidence of identity and authority
content:
31. —(1) When exercising any power under section 27, 28, 29 or 30, an authorised officer must, on demand by any person affected by the exercise of that power, produce to that person evidence of the authorised person’s identity and authority to exercise that power. (2) Despite any provision of this Act, it is not an offence for any person to refuse to comply with any request or direction of an authorised officer under any of the sections mentioned in subsection (1) if the authorised officer does not comply with that subsection.


document_id: ipa-2017
provision_ref: s32
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 32
title: Responsible person of special development or special infrastructure
content:
32. —(1) The responsible person at any time of a special development is the owner of the special development at that time. (2) The responsible person at any time of a special infrastructure described in section 40 is the owner of the special infrastructure at that time. (3) The responsible person at any time of a special infrastructure designated under section 41 is — ( a ) the owner of the special infrastructure at that time — where the written instrument or order mentioned in that section specifies the owner of the special infrastructure to be the responsible person; or ( b ) the occupier of the special infrastructure at that time — where the written instrument or order mentioned in that section specifies the occupier of the special infrastructure to be the responsible person. (4) Where there is more than one responsible person of a special development or a special infrastructure at any time, each of those persons — ( a ) is jointly and severally responsible at that time for discharging the duties of, and complying with the requirements imposed on, the responsible person under this Act; and ( b ) may jointly and severally exercise at that time the powers of the responsible person under this Act.


document_id: ipa-2017
provision_ref: s33
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 33
title: Security plan for special development or special infrastructure
content:
33. —(1) Any security plan (including any amendment to the security plan) required or submitted to the Commissioner under this Part in connection with any specified works for a special development or a special infrastructure — ( a ) must be prepared by a person approved by the Commissioner in connection with those specified works (called in this section the competent person); ( b ) must be prepared in such form and manner as the Commissioner may require; and ( c ) must contain the competent person’s security risk assessment and the security measures required for that special development or that special infrastructure. (2) To avoid doubt, the requirements of this Act as to the contents of a security plan are not in any way limited by or to the specified works in connection with which the security plan is required under this Part. Division 2 &#x2014; Special developments


document_id: ipa-2017
provision_ref: s34
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 34
title: Designation of special developments
content:
34. —(1) If the Minister is of the opinion that it is necessary or expedient to do so in the interest of public safety or security, or in the national interest, the Minister may — ( a ) by a written instrument, designate any new development to be a special development; or ( b ) by order in the Gazette , designate any class of new developments to be special developments. (2) In the case of a special development designated under subsection (1)( a ), the Minister must give a copy of the written instrument to the responsible person of the special development. (3) Before designating a special development under subsection (1)( a ), the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to do so to the intended responsible person; and ( b ) give the intended responsible person 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed designation. (4) The Minister may, at any time, cancel the designation of a special development — ( a ) in the case of a designation under subsection (1)( a ), by written notice to the responsible person of the special development; and ( b ) in the case of a designation under subsection (1)( b ), by written notice to the responsible person of the special development or by order in the Gazette . (5) On the cancellation of the designation of a special development, any approved security plan for the special development is also cancelled. (6) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make a designation under subsection (1) or cancel a designation under subsection (4).


document_id: ipa-2017
provision_ref: s35
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 35
title: Approved security plan for special development
content:
35. —(1) The responsible person of a special development must not carry out, or cause or allow the carrying out of, any specified works for the special development unless the responsible person has obtained under this Division the Commissioner’s approval, or provisional approval, of a security plan for the special development in connection with those specified works. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ipa-2017
provision_ref: s36
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 36
title: Application for approval of security plan
content:
36. —(1) The responsible person’s application for the Commissioner’s approval of a security plan for the special development must be made in such form and manner, and be accompanied or supported by the security plan and such other information and documents, as the Commissioner may require. (2) On reviewing the application, the Commissioner may — ( a ) approve the security plan; ( b ) by written notice to the responsible person, require the security plan to be amended and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice; ( c ) grant a provisional approval of the security plan, subject to conditions; or ( d ) reject the security plan. (3) If any requirement under subsection (2)( b ) is not complied with within the time specified in the notice under that subsection, or such extended time as the Commissioner may give in writing, the application for the approval of the security plan is, on the expiry of that time, treated as rejected by the Commissioner under subsection (2)( d ). (4) In the case of a provisional approval under subsection (2)( c ), the Commissioner may, where the conditions of the provisional approval are satisfied, grant a final approval of the security plan.


document_id: ipa-2017
provision_ref: s37
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 37
title: Amendment of approved security plan
content:
37. —(1) The Commissioner may, at any time and by written notice to the responsible person, require the approved security plan for the special development to be amended and submitted for the Commissioner’s approval in the manner and within the time specified in the notice. (2) Where the Commissioner gives a notice under subsection (1) — ( a ) the responsible person must comply with the notice; and ( b ) the Commissioner may, on receiving an amended security plan from the responsible person in response to the notice, approve the amended security plan or issue a further notice under that subsection. (3) The responsible person may also, at any time, apply for the Commissioner’s approval to amend the approved security plan, in such form and manner (including with the amended security plan and such other information and documents) as the Commissioner may require. (4) On reviewing an application under subsection (3), the Commissioner may — ( a ) approve the amended security plan; ( b ) by written notice to the responsible person, require the amended security plan to be further amended and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice; or ( c ) reject the amended security plan. (5) If any requirement under subsection (4)( b ) is not complied with within the time specified in the notice under that subsection, or such extended time as the Commissioner may give in writing, the application for the approval of the amended security plan is, on the expiry of that time, treated as rejected by the Commissioner under subsection (4)( c ). (6) Where the Commissioner approves the amended security plan under this section (called in this section the current approval), any previous approval of the security plan granted under this section or section 36 is superseded by the current approval. (7) Any person who contravenes subsection (2)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. (8) This section applies to a security plan with a provisional approval under section 36(2)( c ) (called in this section a provisionally approved security plan), subject to the following modifications: ( a ) a reference to an amendment of an approved security plan in this section is a reference to an amendment of a provisionally approved security plan; ( b ) a reference to an approval of an amended security plan in this section is a reference to the Commissioner’s provisional approval of an amended security plan, subject to conditions; ( c ) a reference to a current approval of a security plan in this section is a reference to the Commissioner’s provisional approval of an amended security plan or (where the conditions of that provisional approval are satisfied) the Commissioner’s final approval of the amended security plan.


document_id: ipa-2017
provision_ref: s38
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 38
title: Implementation schedule for security measures in approved security plan
content:
38. —(1) The approved security plan for the special development may contain the following types of security measures: ( a ) security measures that are required to be implemented before or upon the completion of the specified works for the special development; ( b ) security measures that are required to be implemented after the Commissioner’s approval of the certificate of works completion under section 39. (2) The approved security plan may specify the period within which a security measure mentioned in subsection (1)( a ) or ( b ) must be implemented. (3) The approved security plan may, at any time after the Commissioner’s approval of the certificate of works completion, be modified in accordance with any regulations made under this Act; and a reference in subsection (1)( b ) to a security measure in the approved security plan includes a reference to a security measure that is varied or added to the approved security plan under such modification.


document_id: ipa-2017
provision_ref: s39
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 39
title: Certificate of works completion and responsible person’s duties before that
content:
39. —(1) The responsible person of the special development must implement, or cause to be implemented, every security measure mentioned in section 38(1)( a ), in accordance with the approved security plan. (2) After completion of the specified works for the special development, the responsible person must submit to the Commissioner a certificate of works completion (prepared according to subsection (3)) for the Commissioner’s approval — ( a ) in the case where a temporary occupation permit is required under the Building Control Act 1989 for the occupation of the special development, before obtaining any temporary occupation permit; and ( b ) in any other case, within the prescribed time after completion of the specified works. (3) The certificate of works completion — ( a ) must be prepared by a person approved by the Commissioner to prepare that certificate of works completion (called in this section the competent person); ( b ) must be in such form and manner as the Commissioner may require; and ( c ) must contain the competent person’s certification that the security measures mentioned in section 38(1)( a ) have been implemented in accordance with the approved security plan. (4) Any person who contravenes subsection (2)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: ipa-2017
provision_ref: s40
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 40
title:
Status of special development and responsible person’s duties after approval of certificate of works completion

content:
40. —(1) When the Commissioner approves the certificate of works completion for the special development — ( a ) the special development becomes a special infrastructure and is to be treated under this Act as if it has been designated as a special infrastructure under section 41(1)( a ); and ( b ) the approved security plan of the special development becomes the approved security plan of that special infrastructure. (2) The responsible person of that special infrastructure — ( a ) must implement, or cause to be implemented, every security measure mentioned in section 38(1)( b ), in accordance with the approved security plan; and ( b ) must maintain every security measure that is implemented under the approved security plan until the special infrastructure ceases to be a special infrastructure. (3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. Division 3 &#x2014; Special infrastructures


document_id: ipa-2017
provision_ref: s41
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 41
title: Designation of special infrastructures
content:
41. —(1) If the Minister is of the opinion that it is necessary or expedient to do so in the interest of public safety or security, or in the national interest, the Minister may — ( a ) by a written instrument, designate any premises to be a special infrastructure; or ( b ) by order in the Gazette , designate any class of premises to be special infrastructures. (2) The written instrument or order under subsection (1) must specify whether the owner or the occupier of the premises being designated as a special infrastructure is to be the responsible person of the special infrastructure for the purposes of this Act. (3) In the case of a special infrastructure designated under subsection (1)( a ), the Minister must give a copy of the written instrument to the responsible person of the special infrastructure. (4) Before designating a special infrastructure under subsection (1)( a ), the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to do so to the intended responsible person; and ( b ) give the intended responsible person 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed designation. (5) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make a designation under subsection (1).


document_id: ipa-2017
provision_ref: s42
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 42
title: Approved security plan for special infrastructure
content:
42. —(1) Subject to sections 54(6) and 58(5), the responsible person of a special infrastructure must not carry out, or cause or allow the carrying out of, any specified works for the special infrastructure unless the responsible person has obtained under this Division the Commissioner’s approval, or provisional approval, of a security plan for the special infrastructure in connection with those specified works. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ipa-2017
provision_ref: s43
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 43
title: Application for approval of security plan
content:
43. —(1) The responsible person’s application for the Commissioner’s approval of a security plan for the special infrastructure must be made in such form and manner, and be accompanied or supported by the security plan and such other information and documents, as the Commissioner may require. (2) On reviewing the application, the Commissioner may — ( a ) approve the security plan; ( b ) by written notice to the responsible person, require the security plan to be amended and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice; ( c ) grant a provisional approval of the security plan, subject to conditions; or ( d ) reject the security plan. (3) If any requirement under subsection (2)( b ) is not complied with within the time specified in the notice under that subsection, or such extended time as the Commissioner may give in writing, the application for the approval of the security plan is, on the expiry of that time, treated as rejected by the Commissioner under subsection (2)( d ). (4) In the case of a provisional approval under subsection (2)( c ), the Commissioner may, where the conditions of the provisional approval are satisfied, grant a final approval of the security plan.


document_id: ipa-2017
provision_ref: s44
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 44
title: Amendment of approved security plan
content:
44. —(1) The Commissioner may, at any time and by written notice to the responsible person, require the approved security plan for the special infrastructure to be amended and submitted for the Commissioner’s approval in the manner and within the time specified in the notice. (2) Where the Commissioner gives a notice under subsection (1) — ( a ) the responsible person must comply with the notice; and ( b ) the Commissioner may, on receiving an amended security plan from the responsible person in response to the notice, approve the amended security plan or issue a further notice under that subsection. (3) The responsible person may also, at any time, apply for the Commissioner’s approval to amend the approved security plan, in such form and manner (including with the amended security plan and such other information and documents) as the Commissioner may require. (4) On reviewing an application under subsection (3), the Commissioner may — ( a ) approve the amended security plan; ( b ) by written notice to the responsible person, require the amended security plan to be further amended and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice; or ( c ) reject the amended security plan. (5) If any requirement under subsection (4)( b ) is not complied with within the time specified in the notice under that subsection, or such extended time as the Commissioner may give in writing, the application for the approval of the amended security plan is, on the expiry of that time, treated as rejected by the Commissioner under subsection (4)( c ). (6) Where the Commissioner approves the amended security plan under this section (called in this section the current approval), any previous approval of the security plan granted under this section or section 43 is superseded by the current approval. (7) Any person who contravenes subsection (2)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. (8) This section applies to a security plan with a provisional approval under section 43(2)( c ) (called in this section a provisionally approved security plan), subject to the following modifications: ( a ) a reference to an amendment of an approved security plan in this section is a reference to an amendment of a provisionally approved security plan; ( b ) a reference to an approval of an amended security plan in this section is a reference to the Commissioner’s provisional approval of an amended security plan, subject to conditions; ( c ) a reference to a current approval of a security plan in this section is a reference to the Commissioner’s provisional approval of an amended security plan or (where the conditions of that provisional approval are satisfied) the Commissioner’s final approval of the amended security plan.


document_id: ipa-2017
provision_ref: s45
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 45
title: Implementation schedule for security measures in approved security plan
content:
45. —(1) The approved security plan for the special infrastructure may contain the following types of security measures: ( a ) security measures that are required to be implemented before or upon the completion of the specified works for the special infrastructure; ( b ) security measures that are required to be implemented after the Commissioner’s approval of the certificate of works completion under section 46. (2) The approved security plan may specify the period within which a security measure mentioned in subsection (1)( a ) or ( b ) must be implemented. (3) The approved security plan may, at any time after the Commissioner’s approval of the certificate of works completion, be modified in accordance with any regulations made under this Act; and a reference in subsection (1)( b ) to a security measure in the approved security plan includes a reference to a security measure that is varied or added to the approved security plan under such modification.


document_id: ipa-2017
provision_ref: s46
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 46
title: Certificate of works completion and responsible person’s duties before that
content:
46. —(1) The responsible person of the special infrastructure must implement, or cause to be implemented, every security measure mentioned in section 45(1)( a ), in accordance with the approved security plan. (2) After the completion of the specified works for the special infrastructure, the responsible person must submit to the Commissioner a certificate of works completion (prepared according to subsection (3)) for the Commissioner’s approval — ( a ) in the case where a temporary occupation permit is required under the Building Control Act 1989 for the occupation of the special infrastructure, before obtaining any temporary occupation permit; and ( b ) in any other case, within the prescribed time after completion of the specified works. (3) The certificate of works completion — ( a ) must be prepared by a person approved by the Commissioner to prepare that certificate of works completion (called in this section the competent person); ( b ) must be in such form and manner as the Commissioner may require; and ( c ) must contain the competent person’s certification that the security measures mentioned in section 45(1)( a ) have been implemented in accordance with the approved security plan. (4) Any person who contravenes subsection (2)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: ipa-2017
provision_ref: s47
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 47
title: Responsible person’s duties after approval of certificate of works completion
content:
47. —(1) When the Commissioner approves the certificate of works completion for the special infrastructure, the responsible person of the special infrastructure — ( a ) must implement, or cause to be implemented, every security measure mentioned in section 45(1)( b ), in accordance with the approved security plan; and ( b ) must maintain every security measure that is implemented under the approved security plan until the special infrastructure ceases to be a special infrastructure. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: ipa-2017
provision_ref: s48
chapter: PART 4 - SPECIAL DEVELOPMENTS AND SPECIAL
section: 48
title: Cessation of special infrastructure
content:
48. —(1) The Minister may, at any time, cancel the designation of a special infrastructure — ( a ) in the case of a designation under section 41(1)( a ), by written notice to the responsible person of the special infrastructure; and ( b ) in the case of a designation under section 41(1)( b ), by written notice to the responsible person of the special infrastructure or by order in the Gazette . (2) On the cancellation of the designation of a special infrastructure, any approved security plan for the special infrastructure is also cancelled. (3) To avoid doubt, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to cancel the designation of a special infrastructure.


document_id: ipa-2017
provision_ref: s49
chapter: PART 5 - SECURITY DIRECTIVES
section: 49
title: Security directive for protected area
content:
49. —(1) The Commissioner may issue a security directive to the authority of a protected area if the authority contravenes section 12(1), (2) or (3)( a ). (2) The security directive may — ( a ) direct the authority to take any action or measure specified in the security directive, to secure compliance with any provision mentioned in subsection (1); and ( b ) specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.


document_id: ipa-2017
provision_ref: s50
chapter: PART 5 - SECURITY DIRECTIVES
section: 50
title: Security directive for protected place
content:
50. —(1) The Commissioner may issue a security directive to the authority of a protected place if the authority contravenes section 18(1), (2) or (3)( a ). (2) The security directive may — ( a ) direct the authority to take any action or measure specified in the security directive, to secure compliance with any provision mentioned in subsection (1); and ( b ) specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.


document_id: ipa-2017
provision_ref: s51
chapter: PART 5 - SECURITY DIRECTIVES
section: 51
title: Security directive for security plan of special development or special infrastructure
content:
51. —(1) The Commissioner may issue a security directive to — ( a ) the responsible person of a special development if the responsible person contravenes section 35(1); or ( b ) the responsible person of a special infrastructure if the responsible person contravenes section 42(1). (2) The security directive may — ( a ) direct the responsible person to do either or both of the following: (i) immediately cease any relevant specified works; (ii) take any action or measure specified in the security directive, to secure compliance with the relevant provision mentioned in subsection (1); and ( b ) specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.


document_id: ipa-2017
provision_ref: s52
chapter: PART 5 - SECURITY DIRECTIVES
section: 52
title:
Security directive for implementation of security measures for special development or special infrastructure

content:
52. —(1) The Commissioner may issue a security directive to — ( a ) the responsible person of a special development if the responsible person contravenes section 39(1); or ( b ) the responsible person of a special infrastructure if the responsible person contravenes section 40(2)( a ), 46(1) or 47(1)( a ). (2) The security directive may — ( a ) direct the responsible person to do either or both of the following: (i) immediately cease any relevant specified works; (ii) take any action or measure specified in the security directive, to secure compliance with the relevant provision mentioned in subsection (1); and ( b ) specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.


document_id: ipa-2017
provision_ref: s53
chapter: PART 5 - SECURITY DIRECTIVES
section: 53
title: Security directive for maintenance of security measures for special infrastructure
content:
53. —(1) The Commissioner may issue a security directive to the responsible person of a special infrastructure if the responsible person contravenes section 40(2)( b ) or 47(1)( b ). (2) The security directive may — ( a ) direct the responsible person to take any action or measure specified in the security directive, to secure compliance with the relevant provision mentioned in subsection (1); and ( b ) specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.


document_id: ipa-2017
provision_ref: s54
chapter: PART 5 - SECURITY DIRECTIVES
section: 54
title: Security directive for special infrastructure against security risk
content:
54. —(1) This section applies where the Commissioner is of the opinion that — ( a ) in the case of a special infrastructure with an approved security plan, it is necessary to protect the special infrastructure against any security risk that is not addressed in the approved security plan; and ( b ) in the case of a special infrastructure without any approved security plan, it is necessary to protect the special infrastructure against any security risk. (2) The Commissioner may issue a security directive to the responsible person of the special infrastructure — ( a ) directing the responsible person to implement and maintain any security measure specified in the security directive, in response to that risk; and ( b ) specifying the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with. (3) Before issuing the security directive, the Commissioner must, unless the Commissioner considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Commissioner’s intention to do so to the responsible person; and ( b ) give the responsible person 14 days (or any longer or shorter time that the Commissioner may specify in the notice) after the date of the notice to make representations on the proposed security directive. (4) To avoid doubt, except as provided in this section, the Commissioner is not required to give any person notice of, or consult any person on, the Commissioner’s intention to issue a security directive under subsection (2). (5) For the purposes of assessing whether a security directive is required for a special infrastructure under this section, the Commissioner may, by written notice, require the responsible person of that special infrastructure to submit a report prepared by a person approved by the Commissioner for that purpose (called in this section the competent person) containing the competent person’s security risk assessment and recommended security measures for that special infrastructure. (6) Where the implementation of any new security measure under this section involves any specified works, section 42(1) does not apply in respect of those specified works.


document_id: ipa-2017
provision_ref: s55
chapter: PART 5 - SECURITY DIRECTIVES
section: 55
title: Security directive for other premises to mitigate risk of act of terrorism
content:
55. —(1) This section applies to any of the following premises that is not a special development or a special infrastructure: ( a ) a protected area; ( b ) a protected place; ( c ) any other premises that is a public place (called in this section public premises). (2) If the Commissioner is of the opinion that it is necessary to mitigate the risk of an act of terrorism against any protected area, protected place or public premises, the Commissioner may issue a security directive to the authority of that protected area or that protected place or the owner of that public premises (collectively called in this section the responsible person) — ( a ) directing the responsible person to implement and maintain any security measure specified in the security directive, in response to that risk; and ( b ) specifying the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with. (3) The security measures under subsection (2)( a ) must not include any measure for the strengthening of the structural elements of the protected area, protected place or public premises against blast effects. (4) Where the public premises has more than one owner at any time, each of those persons — ( a ) is jointly and severally responsible at that time for discharging the duties of the owner of the public premises under this Act; and ( b ) may jointly and severally exercise at that time the powers of the owner of the public premises under this Act. (5) Before issuing the security directive, the Commissioner must, unless the Commissioner considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Commissioner’s intention to do so to the responsible person; and ( b ) give the responsible person 14 days (or any longer or shorter time that the Commissioner may specify in the notice) after the date of the notice to make representations on the proposed security directive. (6) To avoid doubt, except as provided in this section, the Commissioner is not required to give any person notice of, or consult any person on, the Commissioner’s intention to issue a security directive under subsection (2).


document_id: ipa-2017
provision_ref: s56
chapter: PART 5 - SECURITY DIRECTIVES
section: 56
title: Compliance with security directives and notices under this Part
content:
56. —(1) Any person who is issued a security directive under this Part must comply with every direction in that security directive. (2) Any person who is issued a notice under section 54(5) must comply with that notice. (3) Any person who contravenes subsection (1) — ( a ) in the case of a security directive under section 55, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction; and ( b ) in the case of any other security directive under this Part, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. (4) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. (5) In this section — ( a ) a reference to the authority of a protected area or a protected place who is issued a security directive includes a reference to a person who becomes the authority of that protected area or that protected place after that security directive is issued; ( b ) a reference to the responsible person of a special development or a special infrastructure who is issued a security directive or a notice includes a reference to a person who becomes the responsible person of that special development or that special infrastructure after that security directive or that notice is issued; and ( c ) a reference to the owner of any premises who is issued a security directive includes a reference to a person who becomes the owner of that premises after that security directive is issued.


document_id: ipa-2017
provision_ref: s57
chapter: PART 5 - SECURITY DIRECTIVES
section: 57
title: Cancellation of security directive
content:
57. —(1) The Commissioner may, at any time, cancel any security directive (or any part of the security directive) issued under this Part. (2) The cancellation of a security directive (or any part of the security directive) for any premises must be made by way of a written notice to the following persons: ( a ) in the case of a protected area or a protected place, the authority of that protected area or that protected place; ( b ) in the case of a special development or a special infrastructure, the responsible person of that special development or that special infrastructure; ( c ) in the case of any other premises, the owner of those premises. (3) To avoid doubt, the Commissioner is not required to give any person notice of, or consult any person on, the Commissioner’s intention to cancel any security directive (or any part of the security directive).


document_id: ipa-2017
provision_ref: s58
chapter: PART 6 - MINISTER’S ORDERS
section: 58
title: Minister’s order for premises against imminent risk of act of terrorism
content:
58. —(1) If the Minister is of the opinion that it is necessary to address any imminent risk of an act of terrorism against any premises, the Minister may issue an order to the owner of the premises — ( a ) directing the owner to do one or more of the following, in response to that risk: (i) close the premises for such time as specified in the order; (ii) deploy such security personnel for the premises, for such purposes and for such time, as specified in the order; (iii) implement such other security measures for the premises in such manner, and maintain those measures for such time, as specified in the order; (iv) allow any member of a state force to enter the premises and implement and maintain such security measures, during such time, as specified in the order; (v) provide the Commissioner such information and documents relating to the protection of the premises against any act of terrorism, at such times, as specified in the order; and ( b ) specifying the date on which the order is to take effect and the period within which any direction in the order must be complied with. (2) Without limiting subsection (1)( a ), the security measures mentioned in that subsection may include the following: ( a ) preparation and implementation of contingency plans on responses to any act of terrorism against the premises; ( b ) restriction on the entry of vehicles, vessels and persons to the premises; ( c ) conduct of searches of vehicles, vessels and persons (including any personal property of such persons) entering or in the premises; ( d ) installation of security systems, defence systems and other equipment in the premises. (3) Before issuing the order, the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to do so to the owner of the premises; and ( b ) give the owner 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed order. (4) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to issue an order under subsection (1). (5) Where the implementation of any new security measure under this section involves any specified works, section 42(1) does not apply in respect of those specified works.


document_id: ipa-2017
provision_ref: s59
chapter: PART 6 - MINISTER’S ORDERS
section: 59
title: Revocation of Minister’s order under this Part
content:
59. —(1) The Minister may, at any time, revoke any order (or any part of the order) issued under this Part. (2) The revocation of an order (or any part of the order) for any premises must be made by way of a written notice to the owner of the premises. (3) The Minister may, in the written notice, direct the owner to remove, or allow any member of a state force to enter the premises and remove, any security measure implemented under the order. (4) To avoid doubt, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to revoke any order (or any part of the order) issued under this Part.


document_id: ipa-2017
provision_ref: s60
chapter: PART 6 - MINISTER’S ORDERS
section: 60
title: Compliance with Minister’s orders and notices under this Part
content:
60. —(1) The owner of any premises who is issued an order or a notice under this Part must comply with every direction in that order or that notice. (2) Where the premises has more than one owner at any time, each of those persons is jointly and severally responsible at that time for discharging the duties of the owner under this Act. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. (4) In this section, a reference to the owner of any premises who is issued an order or a notice includes a reference to a person who becomes the owner of that premises after that order or that notice is issued.


document_id: ipa-2017
provision_ref: s61
chapter: PART 6 - MINISTER’S ORDERS
section: 61
title: Member of state force to produce evidence of identity and authority
content:
61. —(1) Any member of a state force who seeks to enter any premises to implement or maintain any security measure in accordance with the Minister’s order under section 58, or remove any security measure in accordance with the Minister’s notice under section 59, must, on demand by the owner or occupier of the premises, produce evidence of the member’s identity and authority to do so. (2) Despite any provision of this Act, it is not an offence for the owner or occupier of any premises to refuse entry by a member of a state force to the premises if the member does not comply with subsection (1).


document_id: ipa-2017
provision_ref: s62
chapter: PART 7 - APPEALS
section: 62
title: Appeals to Minister
content:
62. —(1) The following persons may appeal to the Minister: ( a ) the responsible person of a special development may appeal against the Commissioner’s rejection of a security plan under section 36(2)( d ), or an amended security plan under section 37(4)( c ), for the special development, within 14 days after the rejection; ( b ) the responsible person of a special infrastructure may appeal against the Commissioner’s rejection of a security plan under section 43(2)( d ), or an amended security plan under section 44(4)( c ), for the special infrastructure, within 14 days after the rejection; ( c ) any person who is issued a security directive by the Commissioner under Part 5 may appeal within 14 days after the issue of the security directive. (2) The appeal must be in writing and state the grounds on which it is made. (3) The Minister may reject the appeal if the appellant does not comply with subsection (2). (4) Unless otherwise directed by the Minister in any particular case, the Commissioner’s decision being appealed against does not take effect until the earlier of the following events: ( a ) the Minister determines the appeal; ( b ) the appellant withdraws the appeal. (5) After considering the appeal, the Minister may — ( a ) confirm the Commissioner’s decision; or ( b ) substitute or vary the Commissioner’s decision. (6) The Minister’s decision on the appeal is final. (7) A reference to the Commissioner’s decision in this section is a reference to — ( a ) a rejection of a security plan or an amended security plan mentioned in subsection (1)( a ) or ( b ); or ( b ) a security directive mentioned in subsection (1)( c ).


document_id: ipa-2017
provision_ref: s63
chapter: PART 7 - APPEALS
section: 63
title: Appeal Advisory Board
content:
63. —(1) The Minister may, before deciding an appeal under section 62, refer the appeal (called in this section the referred appeal) to an Appeal Advisory Board established under this section. (2) The Appeal Advisory Board must submit to the Minister a written report on the referred appeal, and may include its recommendations in the report. (3) The Minister must, before deciding the referred appeal, consider the report submitted under subsection (2), but is not bound by the recommendations in the report. (4) The Appeal Advisory Board is to consist of a Chairperson, a Vice‑Chairperson and such other members as the Minister may determine. (5) The Chairperson, Vice‑Chairperson and members of the Appeal Advisory Board — ( a ) are to be appointed by the Minister for the period that the Minister may determine and may be re‑appointed; ( b ) may, at any time, be removed from office by the Minister; or ( c ) may, at any time, resign from office, by written notice to the Minister. (6) At any meeting of the Appeal Advisory Board, 3 members constitute a quorum. (7) Subject to this Act, the Appeal Advisory Board may determine its own procedures.


document_id: ipa-2017
provision_ref: s64
chapter: PART 7 - APPEALS
section: 64
title: Minister may designate others to hear appeals
content:
64. —(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 62: ( a ) the Second Minister (if any) for his or her Ministry; ( b ) any Minister of State, including a Senior Minister of State, for his or her Ministry; ( c ) any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry. (2) A reference to the Minister in sections 62 and 63(1), (2) and (3) includes a reference to a person designated under subsection (1).


document_id: ipa-2017
provision_ref: s65
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 65
title: Power to carry out Minister’s direction
content:
65. —(1) If the owner of any premises does not comply with any direction in the Minister’s order under section 58, or in the Minister’s notice under section 59, for the premises, the Commissioner may enter, without warrant, the premises and carry out that direction. (2) The Commissioner may be accompanied or assisted by such persons as are necessary for the exercise of the Commissioner’s powers under this section or section 67 (in relation to this section). (3) All expenses reasonably incurred by the Commissioner in the exercise of the Commissioner’s powers under this section or section 67 (in relation to this section) are recoverable from the owner of the premises as a debt due to the Government.


document_id: ipa-2017
provision_ref: s66
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 66
title: Powers of search, etc.
content:
66. —(1) For the purpose of ascertaining whether there is or has been any contravention of this Act in relation to a protected infrastructure, the Commissioner has the power to do all or any of the following: ( a ) enter, inspect and search, without warrant, the protected infrastructure; ( b ) take possession of any thing found in the protected infrastructure that is reasonably believed to be connected to any contravention of this Act; ( c ) require the owner or occupier of the protected infrastructure to — (i) produce to the Commissioner for inspection; or (ii) supply the Commissioner with copies of, any document relating to the protected infrastructure that may be in the possession, custody or control of that owner or occupier, either immediately or at such time and place as may be specified by the Commissioner. (2) The Commissioner must not exercise the power of entry under subsection (1)( a ) unless at least 24 hours’ notice of the intended entry has been given to the owner or occupier of the protected infrastructure. (3) When exercising any power under subsection (1)( a ) or ( b ) or section 67 (in relation to this section), the Commissioner may be accompanied or assisted by such persons as are necessary for the exercise of that power. (4) Any person who, without reasonable excuse, fails to comply with any requirement under subsection (1)( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ipa-2017
provision_ref: s67
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 67
title: Powers of forcible entry
content:
67. If entry to any premises cannot be obtained under section 65 or 66, the Commissioner may do all or any of the following: ( a ) break open any outer or inner door or window leading to the premises; ( b ) forcibly enter the premises; ( c ) remove by force any obstruction to the entry or search of the premises under that section.


document_id: ipa-2017
provision_ref: s68
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 68
title: Powers of investigation
content:
68. —(1) For the purpose of investigating any offence under this Act, the Commissioner may do all or any of the following: ( a ) require, by written notice, any person, whom the Commissioner reasonably believes has any information, or any document in the person’s custody or control, that is relevant to the investigation, to furnish that information or document, within such time and manner as may be specified in the written notice; ( b ) require, by written notice, the attendance before the Commissioner of any person within the limits of Singapore who appears to be acquainted with the facts or circumstances of the matter; ( c ) examine orally any person who appears to be acquainted with the facts or circumstances of the matter — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; and (ii) 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) A person examined under subsection (1)( c ) is bound to state truly the facts and circumstances with which the person is acquainted concerning 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 a person examined under subsection (1)( c ) 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. (4) If any person fails to attend as required by a notice under subsection (1)( b ), the Commissioner may report that failure to a Magistrate who may then issue a warrant ordering the person to comply with the notice. (5) Any person who, without reasonable excuse, fails to comply with any notice under subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ipa-2017
provision_ref: s69
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 69
title: Commissioner to produce evidence of identity and authority
content:
69. —(1) When exercising any power under section 65, 66, 67 or 68, the Commissioner must, if so required by any person affected by the exercise of that power, produce to that person evidence of the Commissioner’s identity and authority to exercise that power. (2) Despite any provision of this Act, it is not an offence for any person to refuse to comply with any requirement or notice of the Commissioner under any of the sections mentioned in subsection (1) if the Commissioner does not comply with that subsection.


document_id: ipa-2017
provision_ref: s70
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 70
title: False or misleading statement, information or document
content:
70. Any person who, being required to make any statement or furnish any information or document under this Act — ( a ) makes any statement, or furnishes any information or document, which is false or misleading in a material particular; and ( b ) knows or ought reasonably to know that, 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 $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ipa-2017
provision_ref: s71
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 71
title: Obstruction
content:
71. —(1) A person must not do any act which has or is likely to have the effect of obstructing or hindering or otherwise preventing any other person from exercising any power, or discharging any duty or complying with any provision or requirement, under this Act. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: ipa-2017
provision_ref: s72
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 72
title: Offences by corporations
content:
72. —(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.


document_id: ipa-2017
provision_ref: s73
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 73
title: Offences by unincorporated associations or partnerships
content:
73. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or the partnership and in a position to influence the conduct of that unincorporated association or that partnership 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 the partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or the partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is that unincorporated association or that partnership, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or the partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof as that unincorporated association or that partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not that unincorporated association or that partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: ipa-2017
provision_ref: s74
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 74
title: Composition of offences
content:
74. —(1) The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: ipa-2017
provision_ref: s75
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 75
title: Arrestable offences and non-bailable offences
content:
75. —(1) Every offence under this Act is arrestable for the purposes of the Criminal Procedure Code 2010. (2) Every offence under this Act (except an offence under section 20(2), 21(6), 27(5), 28(2), 29(4), 30(4) or (5), 37(7), 44(7), 56(3) or (4) or 60(3)) is bailable for the purposes of the Criminal Procedure Code 2010.


document_id: ipa-2017
provision_ref: s76
chapter: PART 8 - ENFORCEMENT POWERS, GENERAL OFFENCES
section: 76
title: Jurisdiction of courts
content:
76. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: ipa-2017
provision_ref: s77
chapter: PART 9 - MISCELLANEOUS
section: 77
title: Protection of confidentiality
content:
77. —(1) A court may, on the application of the Commissioner, make any of the following orders in or for any proceedings that involve or may involve a protected document: ( a ) an order that the protected document must not be disclosed in the proceedings; ( b ) an order that the protected document may be disclosed in the proceedings after the document has been redacted in the manner directed by the court. (2) In deciding whether to make an order under subsection (1), the court may have regard to the following factors: ( a ) the security risk to any protected infrastructure if the protected document is disclosed in the proceedings; ( b ) the relevance of the protected document to the proceedings; ( c ) the injustice that would be caused to any party if the protected document is not disclosed in the proceedings. (3) Any court proceedings involving a protected document must be heard in private. [Act 25 of 2021 wef 01/04/2022] (4) A person must not, without the permission of court, inspect or take a copy of a protected document disclosed in any court proceedings. [Act 25 of 2021 wef 01/04/2022] (5) Where any protected document is disclosed in any proceedings, a person must not publish, without the permission of court, the protected document, or any information about or contained in the protected document. [Act 25 of 2021 wef 01/04/2022] (6) Any person who fails to comply with subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (7) In this section, unless the context otherwise requires — “proceedings” includes arbitration and mediation proceedings; “protected document” means any of the following: ( a ) any protected area order or protected place order that is not published in the Gazette ; ( b ) any security plan approved by or submitted to the Commissioner under this Act, including any correspondence or other document relating to the preparation of, and the Commissioner’s approval of or other decision on, the security plan; ( c ) any security directive issued by, or any report submitted to, the Commissioner under Part 5; ( d ) any order or notice issued by the Minister under Part 6; ( e ) any appeal made under section 62, including any decision made on the appeal under that section, and any correspondence or other document relating to the making and the decision‑maker’s consideration of the appeal; “security plan” includes any amended or modified security plan.


document_id: ipa-2017
provision_ref: s78
chapter: PART 9 - MISCELLANEOUS
section: 78
title: Service of documents
content:
78. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other like officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) This section does not apply to documents to be served in proceedings in court. (7) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: ipa-2017
provision_ref: s79
chapter: PART 9 - MISCELLANEOUS
section: 79
title: Inaccuracies in documents
content:
79. —(1) A misnomer or an inaccurate description of any person or premises named or described in any document prepared, issued or served under, by reason of or for the purposes of this Act does not in any way affect the operation of this Act as respects that person or premises if that person or premises is so designated in the document as to be identifiable. (2) Proceedings taken under or by reason of this Act are not invalid for want of form. (3) A reference to a document prepared, issued or served under, by reason of or for the purposes of this Act in subsection (1) includes a reference to the following: ( a ) an authorisation of a person under section 3 of the repealed Act that is treated by section 85(1) to be an authorisation made under this Act; ( b ) an order declaring a protected area under section 4(1) of the repealed Act that is treated by section 85(2) to be a protected area order made under section 8(1); ( c ) an order declaring a protected place under section 5(1) of the repealed Act that is treated by section 85(3) to be a protected place order made under section 14(1); ( d ) a pass‑card or permit issued under section 5(1) of the repealed Act that is treated by section 85(4) to be a permit issued under section 20(1)( a ); ( e ) an authorisation of any step or measure under section 10(1) of the repealed Act that is treated by section 85(5) to be an authorisation to implement a measure under section 25(1).


document_id: ipa-2017
provision_ref: s80
chapter: PART 9 - MISCELLANEOUS
section: 80
title: Costs, etc.
content:
80. —(1) Where any of the persons mentioned in subsection (2) is required under this Act to do anything, that person is responsible for the costs of doing that thing (or causing that thing to be done), and of removing (or causing the removal of) that thing. (2) For the purposes of subsection (1), the persons are as follows: ( a ) the authority of a protected area or a protected place; ( b ) the responsible person of a special development or a special infrastructure; ( c ) the owner of any premises mentioned in section 55(1)( c ); ( d ) the owner of any premises mentioned in Part 6. (3) Where the Commissioner or any member of a state force enters any premises mentioned in Part 6 and carries out any direction mentioned in section 58 or 59, the Government is not liable to compensate the owner or occupier of the premises for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done or omitted to be done in good faith and with reasonable care by the Commissioner or that member.


document_id: ipa-2017
provision_ref: s81
chapter: PART 9 - MISCELLANEOUS
section: 81
title: Protection from personal liability
content:
81. —(1) No liability shall lie personally against the Commissioner or any other public officer, any member of a state force, any authorised officer of a protected area or a protected place or any member of the Appeal Advisory Board who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. (2) To avoid doubt, nothing in this Act makes it obligatory for the Commissioner to inspect any protected infrastructure to ascertain whether the provisions of this Act have been complied with, or any information or document furnished to the Commissioner is accurate, with respect to the protected infrastructure.


document_id: ipa-2017
provision_ref: s82
chapter: PART 9 - MISCELLANEOUS
section: 82
title: Exemption
content:
82. The Minister may, by order in the Gazette , exempt any person or premises, or any class of persons or premises, from all or any of the provisions of this Act, either generally or in a particular case and subject to the conditions that the Minister may impose.


document_id: ipa-2017
provision_ref: s83
chapter: PART 9 - MISCELLANEOUS
section: 83
title: Regulations
content:
83. —(1) The Minister may make regulations prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the Minister may make regulations for any of the following matters: ( a ) the notices required to be displayed under Part 3; ( b ) the modification of approved security plans of special infrastructures (whether on the requirement of the Commissioner or otherwise); ( c ) the implementation and maintenance of security measures for protected infrastructures; ( d ) the requirement for owners or occupiers of premises to furnish information and documents that the Minister or the Commissioner may require for the purpose of assessing the need for, or determining the contents of, orders, security directives or notices to be issued under this Act with respect to those premises; ( e ) the requirement for owners or occupiers of premises to maintain the documents mentioned in paragraph ( d ); ( f ) the requirement for the Minister or the Commissioner to be notified of the changes, intended changes or impending changes to the ownership or occupation of protected infrastructures (including the persons responsible for notifying such changes and the period within which such changes must be notified); ( g ) in the event of changes to the ownership or occupation of protected infrastructures, the duties of the outgoing owners or occupiers; ( h ) the approval of competent persons for the purposes of this Act; ( i ) the contents of orders, security directives and notices issued under this Act; ( j ) the manner of making, and the procedures for, appeals to the Minister under this Act; ( k ) the prescribing of fees and charges for the purposes of this Act; ( l ) the prescribing of anything that is required or permitted to be prescribed under this Act. (3) The regulations may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.


document_id: ipa-2017
provision_ref: s84
chapter: PART 9 - MISCELLANEOUS
section: 84
title: Repeal
content:
84. Any written law or document referring to the repealed Act is, as far as necessary for preserving its effect, to be construed as referring to or including a reference to this Act.


document_id: ipa-2017
provision_ref: s85
chapter: PART 9 - MISCELLANEOUS
section: 85
title: Saving and transitional provisions
content:
85. —(1) Where any area in Singapore is a protected area under section 4(1) of the repealed Act immediately before 18 December 2018 — ( a ) the area is deemed to be a protected area declared under section 8(1) of this Act; ( b ) the order made under section 4(1) of the repealed Act declaring the area to be a protected area is deemed to be a protected area order made under section 8(1) of this Act (called in this section the deemed protected area order); ( c ) the person designated as the authority of the protected area in the order made under section 4(1) of the repealed Act is deemed to be designated as the authority of the protected area in the deemed protected area order under section 9(1) of this Act; and ( d ) section 12 of this Act applies to the authority of the protected area with the modification that a reference to the effective date of a protected area order in that section is a reference to 18 December 2018. (2) Where any premises in Singapore is a protected place under section 5(1) of the repealed Act immediately before 18 December 2018 — ( a ) the premises is deemed to be a protected place declared under section 14(1) of this Act; ( b ) the order made under section 5(1) of the repealed Act declaring the premises to be a protected place is deemed to be a protected place order made under section 14(1) of this Act (called in this section the deemed protected place order); ( c ) the person designated as the authority of the protected place in the order made under section 5(1) of the repealed Act is deemed to be designated as the authority of the protected place in the deemed protected place order under section 15(1) of this Act; and ( d ) section 18 of this Act applies to the authority of the protected place with the modification that a reference to the effective date of a protected place order in that section is a reference to 18 December 2018. (3) A pass-card or permit that is issued under section 5(1) of the repealed Act and remains valid immediately before 18 December 2018 is deemed to be a permit issued under section 20(1)( a ) of this Act. (4) Any authorisation by the Minister under section 10(1) of the repealed Act of any step or measure for the protection of a protected area or a protected place that is in force immediately before 18 December 2018 is deemed to be an authorisation by the Minister under section 25(1) of this Act to implement a measure for the protection of that protected area or that protected place. (5) This section does not affect the operation of, or derogate from, section 16 of the Interpretation Act 1965.


document_id: iposa-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Chairperson” means the Chairperson of the Office and includes any temporary Chairperson of the Office; “Chief Executive” means the Chief Executive of the Office, and includes any individual acting in that capacity; “Copyright Tribunal” means a Copyright Tribunal established under Part 10 of the Copyright Act 2021; “debenture” includes debenture stock; “Deputy Chairperson” means the Deputy Chairperson of the Office and includes any temporary Deputy Chairperson of the Office; “intellectual property adviser” means any person who in the course of the person’s profession or business provides legal or other advice relating to any intellectual property, including advice given in relation to an application for protection of an intellectual property whether in Singapore or elsewhere; “intellectual property agent” means a person acting on behalf of another — ( a ) in connection with the application for or obtaining of a patent or any procedure relating to a patent under the Patents Act 1994; ( b ) in connection with the registration of a trade mark or any procedure relating to a registered trade mark under the Trade Marks Act 1998; ( c ) in connection with the registration of a design or any procedure relating to a registered design under the Registered Designs Act 2000; or ( d ) in connection with the registration of a geographical indication or any procedure relating to a registered geographical indication under the Geographical Indications Act 2014; “member” means a member of the Office; “Office” means the Intellectual Property Office of Singapore established under section 3; “securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company; “shares” includes stocks. [23/2009; 19/2014; 5/2018; 22/2021]


document_id: iposa-2001
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment and incorporation of Intellectual Property Office of Singapore
content:
3. A body called the Intellectual Property Office of Singapore 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 a body corporate may lawfully do and suffer.


document_id: iposa-2001
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Common seal
content:
4. —(1) The Office must have a common seal and the seal may be broken, changed, altered or made anew as the Office thinks fit. (2) All deeds and other documents requiring the seal of the Office must be sealed with the common seal of the Office. (3) All instruments to which the common seal is affixed must be signed by the Chief Executive and one officer of the Office or by any 2 officers of the Office generally or specially authorised by the Chief Executive for that purpose. (4) All courts, judges and persons acting judicially are to take notice of the common seal of the Office affixed to any document and presume that it was duly affixed.


document_id: iposa-2001
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Constitution of Office
content:
5. —(1) The Office consists of — ( a ) a Chairperson; ( b ) a Deputy Chairperson; and ( c ) not less than 8 and not more than 20 other members as the Minister may determine. (2) The First Schedule has effect with respect to the Office, its members and its proceedings.


document_id: iposa-2001
provision_ref: s6
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF OFFICE
section: 6
title: Functions and duties of Office
content:
6. —(1) Subject to the provisions of this Act, it is the function and duty of the Office — ( a ) to administer the systems in Singapore for the protection of intellectual property; ( b ) to provide administrative support services to the Copyright Tribunals in the performance of their functions under the Copyright Act 2021; ( c ) to maintain and provide access by the public to documents and information relating to any intellectual property kept or maintained by the Office; ( d ) to promote public awareness and effective use of intellectual property rights; ( e ) to represent the Government internationally on matters related to intellectual property; ( f ) to advise and make recommendations to the Government on matters related to intellectual property; ( g ) to advise and make recommendations to the Government on the recognition, accreditation and conduct of persons acting as intellectual property agents or intellectual property advisers, and exercise any regulatory functions over them; ( h ) to promote or assist in the development of the profession of intellectual property agents and intellectual property advisers in Singapore; ( i ) to promote and facilitate the training of persons desiring to be intellectual property agents in Singapore; ( j ) to manage technical cooperation and exchange in the area of intellectual property with other persons and organisations, including foreign intellectual property offices and international intergovernmental organisations, on its own behalf or on behalf of the Government; ( k ) to provide advice, training and assistance in relation to intellectual property to any Government department or statutory board, or to authorities of other countries and territories which administer intellectual property laws; and ( l ) to exercise any other functions and duties conferred on the Office by or under this Act or any other written law. [23/2009; 22/2021] (2) The Office may undertake such other functions as the Minister may assign to the Office and in so doing, the Office is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Office in respect of the functions. (3) Nothing in this section is to be construed as imposing on the Office, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.


document_id: iposa-2001
provision_ref: s7
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF OFFICE
section: 7
title: Powers of Office
content:
7. —(1) The Office has the power to do anything for the purpose of discharging its functions under this Act or any other written law, or which it may consider advantageous, necessary or convenient to the discharge of those functions and, in particular, may — ( a ) administer systems for the protection of patents, trade marks, designs and geographical indications; ( b ) prescribe, regulate or implement measures and standards on any matter related to or connected with intellectual property; ( c ) accredit or certify, and regulate any person as an intellectual property agent or intellectual property adviser; ( d ) levy such charges or fees as may be reasonable for services and facilities provided by the Office; ( e ) subscribe for or acquire any securities and shares of an incorporated company or other body corporate, procure its admission to membership of an incorporated company limited by guarantee and not having a share capital, promote the formation of an incorporated company or participate in the promotion of the company or acquire an undertaking or part of an undertaking; ( f ) form or participate in the formation of any company or in any joint venture as a shareholder or partner or in any other capacity, with any firm, body corporate, society or institution for the purposes of this Act or any other written law; ( g ) carry out such other works or activities as may appear to the Office to be requisite, advantageous or convenient, with a view to making the best use of any of the assets of the Office; ( h ) engage, in conjunction with other authorities, international agencies or organisations, in any study or cooperation project related to intellectual property or in the promotion of intellectual property; ( i ) enter into contracts for the supply of goods or materials or for the execution of works as may be necessary for the discharge of any of its duties and functions; ( j ) provide financial loans, advances, grants, aid or assistance to any person for all or any of the purposes of this Act; ( k ) use the services, records, facilities or personnel of any local, foreign or international agency, organisation or other body in the discharge by the Office of any of its duties and functions; ( l ) operate such agency services as the Office may think fit and employ any number of agents to do anything that the Office may do; ( m ) provide bursaries, scholarships and training grants in the fields of intellectual property; ( n ) receive donations, grants, gifts, subsidies and contributions from any source and raise funds by all lawful means; ( o ) make provision for gratuities, pensions, allowances or other benefits for employees or former employees of the Office; ( p ) grant or guarantee loans to officers or employees of the Office for any purpose specifically approved by the Office; ( q ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Office and members of their families; and ( r ) do any other acts that are incidental to any of its functions and powers. [19/2014] (2) This section is not to be construed as limiting any power of the Office conferred by or under any other written law.


document_id: iposa-2001
provision_ref: s8
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF OFFICE
section: 8
title: Directions by Minister
content:
8. —(1) The Minister may give to the Office any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Office must furnish the Minister with such information in respect of its property and activities in such manner and at such times as the Minister may require.


document_id: iposa-2001
provision_ref: s9
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF OFFICE
section: 9
title: Appointment of committees and delegation of powers
content:
9. —(1) The Office may appoint from among its own members or other persons who are not members any number of committees that it thinks fit consisting of members or other persons, or members and other persons for purposes which, in the opinion of the Office, would be better regulated and managed by means of those committees. (2) The Office may, subject to any conditions or restrictions that it thinks fit, delegate to any such committee or to the Chairperson or Chief Executive or to any other member, officer or employee of the Office, any of the functions or powers of the Office under this Act or any other written law. [5/2018]


document_id: iposa-2001
provision_ref: s10
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 10
title: Chief Executive, officers and employees, etc.
content:
10. —(1) There must be a Chief Executive of the Office, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Office may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Office may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: iposa-2001
provision_ref: s11
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 11
title: Protection from liability
content:
11. —(1) No suit or other legal proceedings shall lie personally against any member, officer or employee of the Office or any other person acting under the direction of the Office for anything which is in good faith done or intended to be done in the execution or purported execution of this Act. (2) Where the Office provides a service to the public under which information is supplied to the public pursuant to any written law, neither the Office nor any of its officers or employees involved in the supply of the 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 in the information or however caused if made in good faith and in the ordinary course of the discharge of the duties of such officer or employee. 12. [ Repealed by Act 5 of 2018 ]


document_id: iposa-2001
provision_ref: s13
chapter: PART 5 - FINANCIAL PROVISIONS
section: 13
title: Funds and property of Office
content:
13. The funds and property of the Office consist of — ( a ) grants made under section 18; ( b ) all fees paid into the funds of the Office under any written law; [Act 7 of 2022 wef 26/05/2022] ( c ) all moneys paid to the Office for the purposes of the Office; ( d ) all moneys paid to the Office by way of grants, subsidies, donations, gifts and contributions; ( e ) all moneys received by the Office by way of charges and fees for services rendered by the Office to any person; ( f ) all moneys, dividends, royalties, interest or income received from any transaction made pursuant to the powers conferred on the Office under this Act or any other written law; ( g ) all moneys borrowed by the Office under this Act; ( h ) all other moneys and property lawfully received by the Office for the purposes of the Office; and ( i ) all accumulations of income derived from any such property or money.


document_id: iposa-2001
provision_ref: s14
chapter: PART 5 - FINANCIAL PROVISIONS
section: 14
title: Application of moneys
content:
14. The moneys of the Office must be applied only in payment or discharge of the expenses, obligations and liabilities of the Office and in making any payment that the Office is authorised or required to make.


document_id: iposa-2001
provision_ref: s15
chapter: PART 5 - FINANCIAL PROVISIONS
section: 15
title: Bank accounts and application of revenue
content:
15. —(1) The Office must open and maintain an account or accounts with such bank or banks as the Office thinks fit. (2) Every such account must be operated by such person or persons authorised to do so by the Office.


document_id: iposa-2001
provision_ref: s16
chapter: PART 5 - FINANCIAL PROVISIONS
section: 16
title: Minister’s approval of estimates
content:
16. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Office, be sent without delay to the Minister. [5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates. [5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Office, and the Office is bound by the Minister’s decision. [5/2018]


document_id: iposa-2001
provision_ref: s17
chapter: PART 5 - FINANCIAL PROVISIONS
section: 17
title: Power of investment
content:
17. The Office may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004]


document_id: iposa-2001
provision_ref: s18
chapter: PART 5 - FINANCIAL PROVISIONS
section: 18
title: Grants
content:
18. For the purpose of enabling the Office to carry out its functions under this Act, the Minister may make grants to the Office of such sums of money as the Minister may determine out of moneys to be provided by Parliament.


document_id: iposa-2001
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Power to borrow
content:
19. For the discharge of its functions or duties under this Act or any other written law, the Office may raise loans from the Government or, with the approval of the Minister for Finance, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by — ( a ) mortgage, overdraft or otherwise; ( b ) a charge, whether legal or equitable, on any property vested in the Office or on any other revenue receivable by the Office under this Act or any other written law; or ( c ) the creation and issue of debentures or bonds.


document_id: iposa-2001
provision_ref: s19A
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19A
title: Issue of shares, etc.
content:
19A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Office under this Act, or of any capital injection or other investment by the Government in the Office in accordance with any written law, the Office must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: iposa-2001
provision_ref: s20
chapter: PART 5 - FINANCIAL PROVISIONS
section: 20
title: Financial year
content:
20. The financial year of the Office begins on 1 April of each year and ends on 31 March of the succeeding year. [5/2018]


document_id: iposa-2001
provision_ref: s21
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 21
title: Transfer to Office of property, assets and liabilities
content:
21. —(1) As from 1 April 2001, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by the Government department known as the Intellectual Property Office of Singapore or the Copyright Tribunal, and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to that department and the Copyright Tribunal must be transferred to and vest in the Office without further assurance, act or deed. (2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Office under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the Office under subsection (1) must be held by the Office upon such tenure and subject to such terms and conditions as the President may determine.


document_id: iposa-2001
provision_ref: s22
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 22
title: Transfer of employees
content:
22. —(1) As from 1 April 2001, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government in the Government department known as the Intellectual Property Office of Singapore or the Copyright Tribunal must be transferred to the service of the Office on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) If any question arises as to whether any person or any category of persons has been transferred to the service of the Office under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred. (3) Until such time as terms and conditions of service are drawn up by the Office, the scheme and terms and conditions of service in the Government continue to apply to every person transferred to the service of the Office under subsection (1) as if the person were still in the service of the Government. (4) Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Office under this section is entitled to claim any benefit under that Act on the ground that the person has been retired from the public service on account of abolition or reorganisation of office in consequence of the incorporation of the Office.


document_id: iposa-2001
provision_ref: s23
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 23
title: Service rights, etc., of transferred employees to be preserved
content:
23. —(1) The terms and conditions to be drawn up by the Office must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Office under section 22 while in the employment of the Government. (2) Any term or condition relating to the length of service with the Office must provide for the recognition of service under the Government by the persons transferred under section 22 to be service by them under the Office. (3) Nothing in the terms and conditions of service to be drawn up by the Office adversely affects the conditions that would have been applicable to persons transferred to the service of the Office as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) Where a person has been transferred to the service of the Office under section 22, the Government is liable to pay to the Office such portion of any pension, gratuity or allowance payable to the person on the person’s retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during the person’s service with the Government bears to the aggregate amount of the person’s pensionable emoluments during the person’s service under both the Government and the Office. (5) Where any person in the service of the Office, whose case does not fall within the scope of any pension or other scheme established under this section, retires or dies in the service of the Office or is discharged from that service, the Office may grant to the person or to such other person or persons wholly or partly dependent on that person, as the Office thinks fit, such allowance or gratuity as the Office may determine.


document_id: iposa-2001
provision_ref: s24
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 24
title: Existing contracts
content:
24. All deeds, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2001 to which the Government is a party and relating to the Government department known as the Intellectual Property Office of Singapore or to the Copyright Tribunal or to any person transferred to the service of the Office under section 22 continue in force on or after that date and are enforceable by or against the Office as if the Office had been named therein or had been a party thereto instead of the Government.


document_id: iposa-2001
provision_ref: s25
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 25
title: Pending proceedings
content:
25. Any proceedings or cause of action relating to the portion of the property, assets, interests, rights, privileges, liabilities and obligations transferred to the Office under section 21 or to any person transferred to the service of the Office under section 22 pending or existing immediately before 1 April 2001 by or against the Government, or any person acting on its behalf, may be continued and is to be enforced by or against the Office.


document_id: iposa-2001
provision_ref: s26
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 26
title: Continuation and completion of disciplinary proceedings
content:
26. —(1) Where on 1 April 2001 any disciplinary proceedings were pending against any person transferred to the service of the Office under section 22, the proceedings must be carried on and completed by the Office. (2) Where on 1 April 2001 any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or decision had been made thereon, the committee must complete the hearing or investigation and may make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee pursuant to this section is treated as an order, a ruling or a direction of the Office and has the same force or effect as if it had been made by the Office pursuant to the authority vested in the Office under this Act.


document_id: iposa-2001
provision_ref: s27
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 27
title: Misconduct or neglect of duty by employee before transfer
content:
27. The Office may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person transferred to the service of the Office under section 22 for any misconduct or neglect of duty, committed prior to 1 April 2001 while the person was in the employment of the Government which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if the person had continued to be in the employment of the Government and if this Act had not been enacted.


document_id: iposa-2001
provision_ref: s29
chapter: PART 7 - MISCELLANEOUS
section: 29
title: Symbol or representation of Office
content:
29. —(1) The Office has the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit the symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Office or which so resembles the Office’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: iposa-2001
provision_ref: s30
chapter: PART 7 - MISCELLANEOUS
section: 30
title: Powers of enforcement
content:
30. —(1) In addition to the powers conferred on him or her by this Act or any other written law, an officer or employee of the Office may, in relation to any offence under this Act or any written law set out in the Third Schedule, on declaration of his or her office and production to the person against whom he or she is acting such identification card as the Chief Executive may direct to be carried by officers or employees of the Office — ( a ) require any person whom he or she reasonably believes to have committed that offence to furnish evidence of the person’s identity; ( b ) require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from the book or document; or ( c ) require, by written order, the attendance before the officer or employee of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case. (2) Any person who — ( a ) refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Office in the discharge of the duties by the officer or employee of the Office under this Act or that written law; ( b ) wilfully mis-states or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of the person by an officer or employee of the Office under subsection (1); or ( c ) fails to comply with a lawful demand of an officer or employee of the Office in the discharge by the officer or employee of the officer’s or employee’s duties under this Act or that written law, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: iposa-2001
provision_ref: s31
chapter: PART 7 - MISCELLANEOUS
section: 31
title: Offences committed by bodies corporate, etc.
content:
31. —(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or any similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Proceedings for an offence under this Act alleged to have been committed by a partnership must be brought in the name of the partnership and not in that of the partners; but without affecting any liability of the partners under subsection (5). (4) A fine imposed on a partnership on its conviction in such proceedings must be paid out of the partnership assets. (5) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.


document_id: iposa-2001
provision_ref: s32
chapter: PART 7 - MISCELLANEOUS
section: 32
title: Jurisdiction of court
content:
32. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of any offence under this Act.


document_id: iposa-2001
provision_ref: s33
chapter: PART 7 - MISCELLANEOUS
section: 33
title: Composition of offences
content:
33. —(1) The Chief Executive or any officer authorised by the Chief Executive may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund. [Act 7 of 2022 wef 26/05/2022]


document_id: iposa-2001
provision_ref: s34
chapter: PART 7 - MISCELLANEOUS
section: 34
title: Proceedings conducted by officers of Office
content:
34. —(1) Proceedings in respect of an offence under this Act or under any written law set out in the Third Schedule may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Office who is authorised in writing in that behalf by the Chief Executive. [15/2010] (2) Despite any written law, a legal officer of the Office who has been admitted as an advocate and solicitor under the Legal Profession Act 1966 may — ( a ) appear in any civil proceedings involving the Office or any Registrar in the performance of the legal officer’s functions or duties under any written law; and ( b ) make and do all acts and applications in respect of such proceedings on behalf of the Office or any Registrar. (3) For the purposes of this section, “Registrar” means the Registrar of Designs referred to in section 49 of the Registered Designs Act 2000, the Registrar of Geographical Indications referred to in section 17 of the Geographical Indications Act 2014, the Registrar of Patents referred to in section 4 of the Patents Act 1994, the Registrar of Trade Marks referred to in section 62 of the Trade Marks Act 1998, or the principal officer administering the system for the protection of any other intellectual property under any other written law. [19/2014]


document_id: iposa-2001
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS
section: 36
title: Preservation of secrecy
content:
36. —(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, a person who is or has been a member, officer, agent, employee or former employee of the Office or a member of a committee of the Office must not disclose any information or matter relating to the affairs of the Office or of any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions. [5/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: iposa-2001
provision_ref: s37
chapter: PART 7 - MISCELLANEOUS
section: 37
title: Rules
content:
37. —(1) The Office may, with the approval of the Minister, make rules for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Office may, with the approval of the Minister, make rules for or with respect to all or any of the following matters: ( a ) the manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the Office; ( b ) the establishment of funds for the payment of gratuities and other benefits to employees of the Office; ( c ) the fees to be charged in respect of anything done or any services rendered by the Office under or by virtue of this Act or any other written law; ( d ) the regulation, accreditation and certification of intellectual property advisers. 38. [ Repealed by Act 31 of 2022 wef 01/11/2022 ]


document_id: ippa-2008
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Convention” means the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973; “Convention country” means a foreign country that is a Party to the Convention; “country” includes a State or territory, as the case may be; “internationally protected person” has the meaning given by section 3; “offence against an internationally protected person” means — ( a ) an offence under section 4, 5 or 6; or ( b ) an abetment of, or a conspiracy or an attempt to commit, an offence under section 4 or 5; “relevant premises” means premises at which an internationally protected person resides or is staying or which he or she uses for the purpose of carrying out his or her functions as such person; “vehicle” includes any means of conveyance.


document_id: ippa-2008
provision_ref: s3
section: 3
title: Internationally protected persons
content:
3. —(1) In this Act, “internationally protected person” means — ( a ) a Head of State, including any member of a collegial body that performs the functions of a Head of State under the constitution of the State concerned, a head of a government or a minister responsible for foreign affairs, whenever he or she is outside the State in which he or she holds that position or office; ( b ) a member of the family of a person referred to in paragraph ( a ) who is accompanying the person; ( c ) a representative or official of a State or an official or agent of an international organisation of an intergovernmental character who, at the time and place of the alleged offence, is entitled under international law to special protection from any attack on his or her person, freedom or dignity; or ( d ) a member of the family of a person referred to in paragraph ( c ) who forms part of the person’s household. (2) The Minister may give a written certificate stating any matter relevant to the question whether a person is, or was at any time or in respect of any period, an internationally protected person, and the certificate is admissible in any proceedings as prima facie evidence of the matters stated in the certificate.


document_id: ippa-2008
provision_ref: s4
section: 4
title: Offences against persons
content:
4. —(1) Any person who commits outside Singapore any act — ( a ) to or in relation to a person whom the firstmentioned person knows to be an internationally protected person; and ( b ) which, if committed in Singapore, would have constituted an offence specified in the First Schedule, shall be guilty of that offence and shall be liable on conviction to the same punishment to which he or she would have been liable had he or she been convicted of that offence. (2) That person may be dealt with as if the offence had been committed in Singapore.


document_id: ippa-2008
provision_ref: s5
section: 5
title: Offences against premises or vehicles
content:
5. —(1) Any person who commits outside Singapore any act — ( a ) to or in relation to — (i) premises which he or she knows to be relevant premises; or (ii) a vehicle which he or she knows is used by an internationally protected person; ( b ) which is likely to endanger the person or liberty of the internationally protected person; and ( c ) which, if committed in Singapore, would have constituted an offence specified in the Second Schedule, shall be guilty of that offence and shall be liable on conviction to the same punishment to which he or she would have been liable had he or she been convicted of that offence. (2) That person may be dealt with as if the offence had been committed in Singapore.


document_id: ippa-2008
provision_ref: s6
section: 6
title: Making threats
content:
6. —(1) Any person who, in or outside Singapore, threatens to commit an act which is — ( a ) an offence specified in the First Schedule or under section 4 to or in relation to a person whom the firstmentioned person knows to be an internationally protected person; or ( b ) an offence specified in the Second Schedule or under section 5 to or in relation to — (i) premises which he or she knows to be relevant premises; or (ii) a vehicle which he or she knows is used by an internationally protected person, and which, if committed, is likely to endanger the person or liberty of the internationally protected person, shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding — ( c ) 7 years; or ( d ) the term of imprisonment to which a person would be liable for the offence constituted by committing the act threatened at the time of the offence to which the conviction relates, whichever is the lesser, or to both fine and imprisonment. (2) Where no term of imprisonment is prescribed for the offence under subsection (1)( d ), the person shall be liable on conviction to a fine or to imprisonment for a term not exceeding 7 years, or to both fine and imprisonment. (3) If the offence is committed outside Singapore, that person may be dealt with as if the offence had been committed in Singapore.


document_id: ippa-2008
provision_ref: s7
section: 7
title: Attempt, abetment and conspiracy punishable as offences
content:
7. Any person who, outside Singapore, commits an act which, if committed in Singapore, would constitute an abetment of or a conspiracy or an attempt to commit — ( a ) an offence specified in the First Schedule or under section 4, where the offence is or is to be committed to or in relation to a person whom the firstmentioned person knows to be an internationally protected person; or ( b ) an offence specified in the Second Schedule or under section 5, where the offence is or is to be committed to or in relation to — (i) premises which he or she knows to be relevant premises; or (ii) a vehicle which he or she knows is used by an internationally protected person, and which, if committed, is likely to endanger the person or liberty of the internationally protected person, is deemed to commit the act in Singapore and may be dealt with accordingly.


document_id: ippa-2008
provision_ref: s8
section: 8
title: Presumption of knowledge
content:
8. —(1) Where, in any proceedings for an offence under section 4, it is proved that the accused had committed the act mentioned in that section to or in relation to an internationally protected person, it is presumed, unless the contrary is proved, that the accused knew that the person in question was an internationally protected person. (2) Where, in any proceedings for an offence under section 5, it is proved that the accused had committed the act mentioned in that section to or in relation to relevant premises or a vehicle used by an internationally protected person, it is presumed, unless the contrary is proved, that the accused knew that the premises in question were relevant premises or the vehicle in question was a vehicle used by an internationally protected person. (3) Where, in any proceedings for an offence under section 6, it is proved that the accused had made a threat to commit an act mentioned in that section to or in relation to an internationally protected person, relevant premises or a vehicle used by an internationally protected person (as the case may be), it is presumed, unless the contrary is proved, that the accused knew that the person in question was an internationally protected person, the premises in question were relevant premises or the vehicle in question was a vehicle used by an internationally protected person. (4) Where, in any proceedings for an offence under section 7, it is proved that — ( a ) the accused had committed an act which, if committed in Singapore, would constitute an abetment of or a conspiracy or an attempt to commit an offence mentioned in that section; and ( b ) the offence is or is to be committed to or in relation to an internationally protected person, relevant premises or a vehicle used by an internationally protected person (as the case may be), it is presumed, unless the contrary is proved, that the accused knew that the person in question was an internationally protected person, the premises in question were relevant premises or the vehicle in question was a vehicle used by an internationally protected person.


document_id: ippa-2008
provision_ref: s9
section: 9
title: Information relating to offence
content:
9. —(1) Every person in Singapore who has information which the person knows or believes may be of material assistance — ( a ) in preventing the commission by another person of a relevant offence; or ( b ) in securing the apprehension, prosecution or conviction of another person, in Singapore, for an offence involving the commission, preparation or instigation of a relevant offence, and who fails to disclose the information immediately to a police officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both. (2) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section. (3) A person who makes a disclosure in good faith under this section is not to be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct. (4) In this section, “relevant offence” means — ( a ) an offence specified in the First Schedule committed to or in relation to an internationally protected person; ( b ) an offence specified in the Second Schedule committed to or in relation to relevant premises or a vehicle used by an internationally protected person; ( c ) an offence under section 4 or 5; or ( d ) an abetment of or a conspiracy or an attempt to commit an offence under paragraph ( a ), ( b ) or ( c ).


document_id: ippa-2008
provision_ref: s10
section: 10
title: Assistance under Mutual Assistance in Criminal Matters Act 2000
content:
10. —(1) Assistance under any provision of Part 3 of the Mutual Assistance in Criminal Matters Act 2000 may be provided by Singapore to a Convention country for a criminal matter involving a relevant offence of that country. (2) For the purposes of subsection (1) — ( a ) a relevant offence is deemed to be a foreign serious offence for the purposes of that Act; ( b ) that offence is deemed not to be an offence of a political character for the purposes of that Act; ( c ) section 20(3) of that Act does not apply to any request for assistance mentioned in subsection (1); and ( d ) the reference to the appointed date in the definition of “foreign confiscation order” in section 2(1) of that Act is a reference to 1 April 2006. (3) The following offences are deemed to be Singapore offences for the purposes of the Mutual Assistance in Criminal Matters Act 2000: ( a ) an offence specified in the First Schedule committed to or in relation to an internationally protected person; ( b ) an offence specified in the Second Schedule committed to or in relation to relevant premises or a vehicle used by an internationally protected person; ( c ) an abetment of or a conspiracy or an attempt to commit an offence under paragraph ( a ) or ( b ); ( d ) an offence against an internationally protected person. (4) In this section, “relevant offence”, in relation to a Convention country, means an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission — ( a ) would constitute an offence against an internationally protected person; or ( b ) would be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.


document_id: ippa-2008
provision_ref: s11
section: 11
title: Extradition
content:
11. —(1) Offences against an internationally protected person are deemed to be extradition offences for the purposes of Parts 3, 4 and 5 of the Extradition Act 1968. [Act 17 of 2022 wef 01/07/2022] (2) For the purposes of the Extradition Act 1968, the expression “extradition offence”, in relation to a Convention country that is a declared Commonwealth territory, is deemed to include relevant offences. [Act 17 of 2022 wef 01/07/2022] (3) Subject to subsection (4), where no extradition treaty is in force between Singapore and a Convention country that is not a declared Commonwealth territory, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act as if there were an extradition treaty between Singapore and that country. [Act 17 of 2022 wef 01/07/2022] (4) Where the Extradition Act 1968 is applied under subsection (3), that Act has effect in relation to that country as if the only extradition offences under that Act were the relevant offences of that country. [Act 17 of 2022 wef 01/07/2022] (5) Subsection (4) does not affect any other notification made under section 4 of the Extradition Act 1968. (6) Where — ( a ) an extradition treaty is in force between Singapore and a Convention country; and ( b ) the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act in relation to that country as if the treaty provided for the matter referred to in paragraph ( b ). (7) Where a notification mentioned in subsection (6) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968 in relation to that country must, to the extent that it prevents the relevant offence from being considered an extradition offence in relation to that country, be disregarded in the application of that Act in relation to that country. [Act 17 of 2022 wef 01/07/2022] (8) For the purposes of the Extradition Act 1968 — ( a ) any act, wherever committed, which is — (i) a relevant offence of a Convention country that is a declared Commonwealth territory; or [Act 17 of 2022 wef 01/07/2022] (ii) a relevant offence of a Convention country that is not a declared Commonwealth territory in the case of which the Extradition Act 1968 has been applied by a notification in the Gazette made under section 4 of that Act, [Act 17 of 2022 wef 01/07/2022] is deemed to be an offence within the jurisdiction of that country; and ( b ) any such offence is deemed not to be an offence of a political character. (9) In this section — [ Deleted by Act 17 of 2022 wef 01/07/2022 ] “declared Commonwealth territory” has the meaning given by the Extradition Act 1968; [Act 17 of 2022 wef 01/07/2022] “relevant offence”, in relation to a Convention country, means an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission — ( a ) would constitute an offence against an internationally protected person; or ( b ) would be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.


document_id: ippa-2008
provision_ref: s12
section: 12
title: No prosecution without Public Prosecutor’s consent
content:
12. A prosecution under this Act must not be instituted except by or with the consent of the Public Prosecutor.


document_id: ippa-2008
provision_ref: s13
section: 13
title: Amendment of Schedules
content:
13. The Minister may, by order in the Gazette , amend the First or Second Schedule for the purposes of giving effect to the Convention, including any amendment to the Convention that is binding on Singapore.


document_id: ira-1960
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “award” means an award made by a Court; “collective agreement” means an agreement as to industrial matters; “Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968, and includes a Deputy Commissioner for Labour, a Principal Assistant Commissioner for Labour and an Assistant Commissioner for Labour under that Act; “conciliation officer” means a conciliation officer appointed under section 28; “Court” means an Industrial Arbitration Court established under section 3; “employee” means a person who has entered into or works under a contract of service with an employer and includes an officer or servant of the Government included in a category, class or description of such officers or servants declared by notification in the Gazette by the President of Singapore to be employees for the purposes of this Act, but does not include any person or class of persons whom the Minister may from time to time by notification in the Gazette declare not to be employees for the purposes of this Act; “employer” means any person who employs another person under a contract of service and includes — ( a ) the Government in respect of such categories, classes or descriptions of officers or servants of the Government as from time to time are declared by the President of Singapore to be employees for the purposes of this Act; ( b ) a statutory authority; ( c ) a duly authorised agent or manager of an employer; ( d ) a person who owns, or is carrying on, or is for the time being responsible for the management or control of a profession, business, trade or work in which an employee is engaged; ( e ) for the purposes of Parts 5, 6 and 7, the transferor of an undertaking whose employment of employees is transferred by virtue of section 18A of the Employment Act 1968; “executive employee”, in relation to an employer, means an employee who is employed in a managerial or an executive position by the employer; “industrial matters” — ( a ) in relation to employers and employees, means matters pertaining to the relations of employers and employees which are connected with the employment or non‑employment or the terms of employment, the transfer of employment or the conditions of work of any person; and ( b ) in relation to platform operators and platform workers, means matters pertaining to the relations of platform operators and platform workers which are connected with — (i) the engagement or non‑engagement of any person to provide any platform service; (ii) the terms under which any person provides any platform service; or (iii) the conditions of work of any person who provides any platform service; [Act 30 of 2024 wef 01/01/2025] “industrial relations officer” means an industrial relations officer appointed under section 28; “inspecting officer” means a person who is an inspecting officer for the purposes of the Employment Act 1968; “non‑executive employee”, in relation to an employer, means an employee other than an executive employee; “officer” — ( a ) in relation to a trade union or a branch of a trade union, includes any member of the body, by whatever name called, to which the management of the affairs of the trade union or branch is entrusted; and ( b ) in relation to a platform work association or a branch of a platform work association, includes any member of the body, by whatever name called, to which the management of the affairs of the platform work association or branch is entrusted; [Act 30 of 2024 wef 01/01/2025] “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024, and includes — ( a ) a duly authorised manager of a platform operator; and ( b ) a person who owns or is for the time being responsible for the management or control of the provision of a platform service; [Act 30 of 2024 wef 01/01/2025] “platform service” has the meaning given by section 3 of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “platform work association” means a platform work association registered under the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “president” means the president or the deputy president of the Courts and includes an acting president or acting deputy president; “Registrar” means the Registrar of the Courts appointed under this Act and includes a Deputy Registrar and an Assistant Registrar; “trade dispute” means a dispute (including a threatened, impending or probable dispute) as to industrial matters; “trade union” means a trade union of employees or employers registered under any written law for the time being in force relating to the registration of trade unions; “transfer of employment” means the transfer of an employee’s employment from the transferor of an undertaking to the transferee under section 18A of the Employment Act 1968; “transferee” means the person to whom an undertaking is transferred and who becomes the employer of the transferor’s employees by virtue of section 18A of the Employment Act 1968; “undertaking” includes any trade or business. [1/2015]


document_id: ira-1960
provision_ref: s3
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 3
title: Courts
content:
3. —(1) There shall be one or more Industrial Arbitration Courts to be presided over by a president or deputy president to be appointed by the President of Singapore in accordance with the advice of the Prime Minister. (2) Except where otherwise provided by this Act, a Court shall, in relation to a trade dispute of which the Court has cognizance or any other matter with respect to which the Court has jurisdiction under this Act, be constituted by — ( a ) the president or the deputy president; and ( b ) 2 members selected for the purposes of the trade dispute or matter in the manner set out in this Act from the 2 panels constituted in accordance with this Part.


document_id: ira-1960
provision_ref: s4
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 4
title: President and deputy president
content:
4. —(1) The president shall not be deemed to be a public servant, but shall have the same rights, privileges, protection and immunity as a Supreme Court Judge. [40/2019] (2) The provisions of the Constitution relating to the tenure of office and the terms of office of Supreme Court Judges shall be deemed to apply to the president as if he were a Supreme Court Judge. [40/2019] (3) The deputy president shall be paid such remuneration and allowances as may from time to time be determined and shall in the performance of his functions and duties have the same protection and immunity as the president.


document_id: ira-1960
provision_ref: s5
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 5
title: Acting president
content:
5. —(1) When the president is or is expected to be absent from duty, the President of Singapore may, on the advice of the Minister, appoint a person to be acting president during the absence of the president. (2) A person so appointed shall, notwithstanding that the president may no longer be absent, continue to be acting president for the purposes of completing the hearing of and of determining a trade dispute or matter the hearing of which was commenced during the absence of the president. (3) An acting president shall in the performance of the functions and duties of the president have the same protection and immunity as the president.


document_id: ira-1960
provision_ref: s6
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 6
title: Panels
content:
6. —(1) For the purpose of enabling the Courts to be constituted in accordance with this Act, 2 panels of persons (referred to in this Act as the business panel and the worker panel) shall be appointed in the manner set out in this section. [Act 30 of 2024 wef 01/01/2025] (2) The business panel and the worker panel shall each consist of not more than 15 persons appointed by the Minister whose names shall be published in the Gazette . [1/2015] [Act 30 of 2024 wef 01/01/2025] [Act 5 of 2025 wef 09/03/2025] (3) The Minister may from time to time invite — ( a ) a trade union of employers or a platform work association of platform operators to nominate for inclusion in the business panel such number of persons as he may specify being persons eligible for appointment to that panel in accordance with section 7; and [Act 30 of 2024 wef 01/01/2025] ( b ) a trade union of employees or a platform work association of platform workers to nominate for inclusion in the worker panel such number of persons as he may specify being persons eligible for appointment to that panel in accordance with section 7. [Act 30 of 2024 wef 01/01/2025] (4) Subject to subsection (5) — ( a ) at least 7 of the members of the business panel shall be persons nominated in reply to an invitation by the Minister under subsection (3)( a ) and at least 3 of the members of that panel shall be persons nominated by the Minister charged with the responsibility for human resource management in the Civil Service as nominees of the Government as an employer; and [Act 30 of 2024 wef 01/01/2025] ( b ) the members of the worker panel shall be persons nominated in reply to an invitation by the Minister under subsection (3)( b ). [1/2015] [Act 30 of 2024 wef 01/01/2025] (5) Where the Minister has invited nominations for inclusion in a panel from such trade unions of employers or employees or platform work associations of platform operators or platform workers as in the circumstances he considers appropriate and no suitable person is nominated or the number of suitable persons nominated is less than the maximum number which is required to be appointed in order that all vacancies in that panel may be filled, the Minister may, after filling as many vacancies as he is able to do by the appointment of suitable persons nominated in accordance with this section, appoint persons who have not been so nominated. [1/2015] [Act 30 of 2024 wef 01/01/2025] (6) For the purposes of subsection (5), a person shall be deemed to be a suitable person for appointment to a panel if he is eligible in accordance with section 7 and is in the opinion of the Minister a fit and proper person to be selected to be a member of the Court.


document_id: ira-1960
provision_ref: s7
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 7
title: Eligibility for membership of panels
content:
7. —(1) Subject to subsection (2), a person who is an employee or a platform worker shall not be eligible to be a member of the business panel. [Act 30 of 2024 wef 01/01/2025] (2) A person in the service of the Government shall be eligible to be a member of the business panel if he is nominated by the Minister charged with the responsibility for human resource management in the Civil Service. [1/2015] [Act 30 of 2024 wef 01/01/2025] (3) A person who is — ( a ) an employer, a director of a company which is an employer or employed by a trade union of employers or association of employers; or ( b ) a platform operator, a director of a company which is a platform operator or employed by a platform work association of platform operators or an association of platform operators, shall not be eligible to be a member of the worker panel. [Act 30 of 2024 wef 01/01/2025] (4) A person who — ( a ) is an undischarged bankrupt; ( b ) has a mental disorder and is incapable of managing himself or his affairs; ( c ) is not a citizen of Singapore; ( d ) is ineligible by reason of section 57 to be nominated for election as an officer of a trade union or platform work association; or [Act 30 of 2024 wef 01/01/2025] ( e ) has within the previous 3 years been convicted of an offence under this Act or the Trade Disputes Act 1941, shall not be eligible for appointment to a panel. [21/2008] (5) The Minister may exempt any person from subsection (1) or (3).


document_id: ira-1960
provision_ref: s8
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 8
title: Duration of appointment
content:
8. —(1) A person appointed to a panel shall, subject to section 9, be a member of the panel for a period of 2 years unless he sooner resigns but shall be eligible for re‑appointment. [1/2015] (2) A panel member who resigns or whose appointment expires during the course of any proceedings of a Court shall for the purposes of such proceedings and until their determination be deemed to remain a member of the Court.


document_id: ira-1960
provision_ref: s9
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 9
title: Removal from panel
content:
9. —(1) The Minister shall remove from a panel a person who — ( a ) ceases to be eligible to be a member of that panel in accordance with section 7; ( b ) accepts any relief afforded by law to bankrupts or insolvent debtors; or ( c ) has declined to constitute a Court when selected to do so or has absented himself, when selected, from the proceedings of the Court unless he has shown reasonable cause for so declining or absenting himself. (2) The Minister may remove a person from a panel if he is of the opinion that that person — ( a ) has become permanently incapable of discharging the functions of a member of a Court; or ( b ) is not a fit and proper person to be selected to constitute a Court.


document_id: ira-1960
provision_ref: s10
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 10
title: Vacancies in panels
content:
10. Where a person ceases to be a member of a panel, the Minister may take steps to fill the vacancy but the existence of any vacancy in either panel shall not invalidate the constitution of a Court. [1/2015]


document_id: ira-1960
provision_ref: s11
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 11
title: Constitution of Court
content:
11. —(1) For the purpose of constituting a Court in relation to a trade dispute or matter, the president shall determine in the prescribed manner who the parties to the trade dispute or matter are and shall invite — ( a ) the trade unions of employees or platform work associations of platform workers (as the case may be) who are parties to the trade dispute or matter to select one member of the worker panel; and [Act 30 of 2024 wef 01/01/2025] ( b ) the employers or platform operators who are parties to the trade dispute or matter to select one member of the business panel. [Act 30 of 2024 wef 01/01/2025] (2) If all the trade unions of employees or platform work associations of platform workers (as the case may be) who are parties to the trade dispute or matter or all the employers or platform operators who are parties to the trade dispute or matter unanimously select a member of the worker panel or business panel, as the case may be, the president shall declare that that person shall be a member of the Court for the purposes of the trade dispute or matter. [Act 30 of 2024 wef 01/01/2025] (3) If a member of a panel is not selected in accordance with subsection (2), the president shall — ( a ) if he is of the opinion that a member of that panel has been selected by trade unions of employees who represent the majority of employees, or platform work associations of platform workers who represent the majority of platform workers (as the case may be), concerned in the trade dispute or matter or by the majority of the employers or platform operators concerned in the trade dispute or matter, as the case may be, declare that that person shall be a member of the Court for the purposes of the trade dispute or matter; and [Act 30 of 2024 wef 01/01/2025] ( b ) in any other case, notify the Minister and the Minister shall select a person from the panel and the president shall declare that that person shall be a member of the Court for the purposes of the trade dispute or matter. (4) When the president has declared that a person shall be a member of the Court for the purposes of a trade dispute or matter, that person shall, subject to section 12, be a member of the Court for the purposes of that trade dispute or matter notwithstanding that in the proceedings relating to the trade dispute or matter parties may be joined or struck out. (5) Such declaration shall not be challenged or called in question on the ground that the selection may not have been in accordance with this section.


document_id: ira-1960
provision_ref: s12
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 12
title: Continuation of hearing
content:
12. —(1) Where a Court has been constituted in relation to a trade dispute or matter and before the trade dispute or matter has been determined the president or a member constituting the Court has become unable to hear or to continue to hear or to determine the trade dispute or matter or has ceased to be the president or a member, as the case may be, whether by death or otherwise, the Court shall be reconstituted in accordance with section 11. (2) The Court as reconstituted shall hear and determine the trade dispute or matter or so much of the trade dispute or matter as has not been determined and in so hearing may have regard to the evidence given, the arguments adduced and any interim award made during the previous hearing. (3) For the purpose of this section, a member who has withdrawn from the hearing of a trade dispute or matter shall be deemed to have become unable to hear or to continue to hear the trade dispute or matter.


document_id: ira-1960
provision_ref: s13
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 13
title: Protection and immunity of members of Court
content:
13. —(1) A member of a Court shall, in the performance of his functions and duties under this Act, have the same protection and immunity as the president. (2) The members of a Court shall take the oath of allegiance and the judicial oath. (3) To avoid doubt, where an oath is required to be taken under subsection (2), a member of a Court may take the oath by appearing before the person administering the oath through a live video link or live television link created using a remote communication technology that allows the person administering the oath to — ( a ) maintain visual contact and communicate with the person taking the oath, and any interpreter present, throughout the process; and ( b ) confirm the identity of the person taking the oath and any interpreter present. [Act 25 of 2023 wef 01/12/2023]


document_id: ira-1960
provision_ref: s14
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 14
title: Allowances
content:
14. A member of a panel who is a member of a Court for the purposes of a trade dispute or matter may, in respect of each day on which the Court is engaged in the hearing and determining of the trade dispute or matter, be paid such allowances as may be prescribed.


document_id: ira-1960
provision_ref: s15
chapter: PART 2 - INDUSTRIAL ARBITRATION COURTS
section: 15
title: Registrar and officers of Courts
content:
15. —(1) There shall be appointed a Registrar of the Courts and such Deputy Registrars and Assistant Registrars and other officers of the Courts as the President of Singapore considers necessary. (2) The duties of the Registrar and other officers of the Courts shall, subject to this Act, be as the president directs. (3) The Registrar and other officers of the Courts shall be deemed to be public servants for the purposes of the Penal Code 1871.


document_id: ira-1960
provision_ref: s16
chapter: PART 3 - COLLECTIVE BARGAINING
section: 16
title: Interpretation of this Part
content:
16. For the purposes of this Part — ( a ) the Minister charged with the responsibility for human resource management in the Civil Service shall be deemed to be the employer of employees of the Government; and ( b ) the Minister shall be deemed to have been notified that a trade dispute exists if a person designated by him for that purpose has been so notified. [1/2015]


document_id: ira-1960
provision_ref: s17
chapter: PART 3 - COLLECTIVE BARGAINING
section: 17
title: Recognition of trade union of employees
content:
17. —(1) No trade union of employees which has not been given recognition by an employer in the prescribed manner may serve on that employer a notice under section 18. (2) No trade union of employees whose constitution and rules do not permit it to admit as members any class of employees may seek recognition in respect of that class of employees or serve a notice under section 18 in respect of those employees. (3) No trade union of employees the majority of whose membership consists of non‑executive employees may seek recognition or serve a notice under section 18 in respect of any executive employee who — ( a ) is employed in a senior management position or performs or exercises any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees; ( b ) performs or exercises any function, duty or power which includes decision‑making, or the power to substantially influence decision‑making, on any industrial matter including the employment, termination of employment, promotion, transfer, reward or discipline of other employees; ( c ) performs any function or duty which includes representing the employer in any negotiation relating to any industrial matter; ( d ) has access to confidential information relating to the budget and finances of the employer, any industrial relations matter or the salaries and personal records of other employees; or ( e ) performs or exercises any other function, duty or power which may give rise to a real or potential conflict of interest if the executive employee is represented by the trade union. [1/2015] (4) Where an employer raises the objection that a trade union should not represent certain employees or a class of employees, the employer and the trade union shall make a joint application to a Court for the determination of the question. (5) Until the Court gives its decision, the employer shall recognise the trade union in respect of other employees or class of employees in respect of whom the recognition of the trade union by the employer is not in dispute if the trade union represents the majority of such employees or class of employees. (6) The powers of a Court under subsection (4) shall be exercisable by the Court constituted by the president alone. (7) Subsection (1) shall not apply to the extent that a trade union of employees is deemed to be recognised by a transferee under section 18A(8) of the Employment Act 1968.


document_id: ira-1960
provision_ref: s18
chapter: PART 3 - COLLECTIVE BARGAINING
section: 18
title: Invitation to negotiate
content:
18. —(1) A trade union of employees which has been accorded recognition by an employer may serve on that employer or an employer may serve on a trade union of employees a notice in the prescribed form — ( a ) setting out proposals for a collective agreement in relation to any industrial matters; and ( b ) inviting the employer or trade union of employees, as the case may be, to negotiate with it in relation to those matters with a view to arriving at a collective agreement. (2) Notwithstanding subsection (1), no trade union of employees may include in a notice setting out proposals for a collective agreement a proposal in relation to any of the following matters: ( a ) the promotion by an employer of any employee from a lower grade or category to a higher grade or category; ( b ) the transfer by an employer of an employee within the organisation of an employer’s profession, business, trade or work, provided that such transfer does not entail a change to the detriment of an employee in regard to his terms of employment; ( c ) the employment by an employer of any person that he may appoint in the event of a vacancy arising in his establishment; ( d ) the termination by an employer of the services of an employee by reason of redundancy or by reason of the reorganisation of an employer’s profession, business, trade or work or the criteria for such termination; ( e ) the dismissal and reinstatement of an employee by an employer in circumstances in which section 35(3) applies; ( f ) the assignment or allocation by an employer of duties or specific tasks to an employee that are consistent or compatible with the terms of his employment.


document_id: ira-1960
provision_ref: s19
chapter: PART 3 - COLLECTIVE BARGAINING
section: 19
title: Acceptance of invitation to negotiate
content:
19. An employer or a trade union upon whom a notice under section 18 has been served may serve on the trade union or employer by whom the notice was served an acceptance of the invitation to negotiate.


document_id: ira-1960
provision_ref: s20
chapter: PART 3 - COLLECTIVE BARGAINING
section: 20
title: Non-acceptance of invitation to negotiate
content:
20. —(1) Where, within 7 days after service of a notice under section 18, a trade union or employer upon whom it was served has not served an acceptance under section 19, the employer or trade union by whom the notice was served may notify the Commissioner. (2) Upon receipt of a notification under subsection (1), the Commissioner shall consult, or direct a conciliation officer to consult, with the employer or trade union which has not served an acceptance with a view to persuading that employer or trade union to accept the invitation. (3) Where, after consultation with an employer or trade union on whom an invitation to negotiate has been served, the Commissioner is satisfied that the employer or trade union refuses to negotiate, he shall notify the Minister and, unless the Minister otherwise directs, the Registrar that a trade dispute exists.


document_id: ira-1960
provision_ref: s21
chapter: PART 3 - COLLECTIVE BARGAINING
section: 21
title: Conciliation
content:
21. —(1) If after the expiration of 14 days from the date of service of a notice under section 18 or, where the notice has been served on more than one employer or trade union on different dates, from the latest of those dates, a collective agreement has not been reached between all the trade unions and employers by whom and upon whom the notice was served as to all the industrial matters set out in the invitation and a memorandum of its terms delivered to the Registrar, any party to the negotiations may notify the Commissioner. (2) Upon receiving a notification under subsection (1), the Commissioner may consult, or direct a conciliation officer to consult, with the employers and trade unions concerned in an endeavour to assist them to reach agreement by conciliation.


document_id: ira-1960
provision_ref: s22
chapter: PART 3 - COLLECTIVE BARGAINING
section: 22
title: Notification of trade disputes
content:
22. Where the Commissioner is of the opinion — ( a ) at any time after the expiration of 7 days after consultation has begun under section 21 that the negotiations are unlikely to lead to a collective agreement registered under this Act as to all the industrial matters which are the subject of the negotiations; or ( b ) upon receiving a notification under section 21 that it is unlikely that conciliation will assist the parties to the negotiations to reach agreement, he shall notify the Minister and, unless the Minister otherwise directs, the Registrar that a trade dispute exists.


document_id: ira-1960
provision_ref: s23
chapter: PART 3 - COLLECTIVE BARGAINING
section: 23
title: Compulsory conferences
content:
23. —(1) The Minister may, where he considers it possible that any trade dispute may be settled by conciliation or further conciliation, direct a person, whether engaged in or connected with the trade dispute or not, to attend at a time and place specified in the direction a conference presided over by the Minister or such person as the Minister directs. (2) A direction under this section may be given orally or in writing signed by the Minister. (3) Except as otherwise directed by the Minister or presiding person, a conference shall be held in private. (4) A person who — ( a ) on being directed under subsection (1), fails without lawful excuse to attend a conference; or ( b ) on being directed to continue his attendance at a conference by the Minister or presiding person, fails without lawful excuse to do so, shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [36/2010]


document_id: ira-1960
provision_ref: s24
chapter: PART 3 - COLLECTIVE BARGAINING
section: 24
title: Procedure as to notification
content:
24. —(1) A notification by the Commissioner under this Part that a trade dispute exists shall contain — ( a ) a statement of the parties to the trade dispute; ( b ) the matters in dispute so far as they are known to the Commissioner; and ( c ) where the trade dispute is notified to the Commissioner in accordance with section 20, the reasons for the refusal to negotiate so far as they are known to the Commissioner. (2) The Registrar shall, upon receiving a notification under this Part, immediately bring it to the notice of the president.


document_id: ira-1960
provision_ref: s25
chapter: PART 3 - COLLECTIVE BARGAINING
section: 25
title: Collective agreements
content:
25. —(1) If a collective agreement is arrived at, a memorandum of its terms shall be — ( a ) made in writing and signed by or on behalf of the parties to the collective agreement; and ( b ) delivered within one week thereof to the Registrar who, upon receiving it, shall immediately bring it to the notice of a Court for certification. (2) The Court may in its discretion — ( a ) refuse to certify a memorandum delivered under subsection (1) if it is of the opinion that it is not in the public interest that the collective agreement should be certified or if it is of the opinion that the memorandum does not set out satisfactorily or adequately the terms of the collective agreement between the parties and shall refuse to do so if the collective agreement does not comply with subsection (5); and ( b ) before certifying a memorandum delivered under subsection (1), require that such part or parts thereof shall be amended satisfactorily or adequately in any manner which the Court considers expedient to comply with the other provisions of this Act or any other written law or with any direction of the Court. (3) If any party to the collective agreement refuses to carry out such request the Court may, notwithstanding any other power exercisable under this Act, amend the memorandum in the manner required under subsection (2)( b ) before proceeding to certify the memorandum. (4) The Court may in its discretion afford the parties an opportunity to be heard before proceeding to amend the memorandum under subsection (3). (5) A collective agreement shall — ( a ) specify the period during which it shall continue in force, which period shall be not less than 2 years or more than 3 years from the date on which it is expressed to commence; and ( b ) unless the Court considers such provision inappropriate, make provision for the settlement of disputes between the parties to the collective agreement while the collective agreement is in force arising out of the operation of the collective agreement, including provision for the reference of such disputes to a referee. (6) Notwithstanding subsection (5)( a ), where there is a transfer of an undertaking referred to in section 18A(1) of the Employment Act 1968, any collective agreement that was entered into between the transferor and the trade union of the affected employees and in force immediately before the transfer shall, for the purposes of section 18A(8)( b ) of the Employment Act 1968, continue in force between the transferee and the trade union of the affected employees for a period of 18 months after the date of the transfer or until the date of its expiry as specified in the collective agreement, whichever is the later. [26/2013] (7) The referee mentioned in subsection (5)( b ) shall be a person to be chosen in a manner provided by the collective agreement from among the persons referred to in section 43(3) and whose decision shall have effect as if it were a term of the collective agreement. (8) The memorandum when certified by the Court shall be deposited with and registered by the Registrar. (9) Any person who or any trade union or platform work association which — ( a ) enters into a collective agreement which is specified to continue in force for less than 2 years or more than 3 years from the date on which it is expressed to commence; ( b ) delivers to the Registrar a memorandum which does not contain all the terms of the collective agreement entered into by him or it; or ( c ) fails or neglects to bring a collective agreement or any of the terms of such collective agreement entered into by him or it to the notice of a Court in accordance with the provisions of this Act, shall be guilty of an offence. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s26
chapter: PART 3 - COLLECTIVE BARGAINING
section: 26
title: Collective agreement deemed to be award
content:
26. A collective agreement, a memorandum of which has been certified by a Court, shall be deemed to be an award for the purposes of this Act and shall be binding on — ( a ) the parties to the collective agreement; ( b ) any successor to, or any transferee, assignee or transmittee of, the undertaking of an employer bound by an agreement, including any corporation which has acquired or taken over the undertaking of such an employer; ( c ) any successor to a trade union of employees which was a party to the collective agreement; and ( d ) any person or trade union upon whom it is declared to be binding by order made by the Minister under section 41.


document_id: ira-1960
provision_ref: s27
chapter: PART 3 - COLLECTIVE BARGAINING
section: 27
title: Representation in negotiations
content:
27. Notwithstanding the provisions of any other written law, a person may not in negotiations under this Act relating to industrial matters — ( a ) make, offer or receive any proposal in relation to those industrial matters on behalf of or purport to act on behalf of a trade union or employer; or ( b ) be present at any meeting at which employers or representatives of employers or representatives of trade unions negotiate with regard to those industrial matters, unless he is a person qualified in accordance with section 64 to represent an employer or trade union which is a party to the negotiations if the negotiations were proceedings before a Court.


document_id: ira-1960
provision_ref: s28
chapter: PART 3 - COLLECTIVE BARGAINING
section: 28
title: Conciliation and industrial relations officers
content:
28. —(1) The Minister shall appoint such public officers as he thinks fit to be conciliation officers and such persons as he thinks fit to be industrial relations officers for the purposes of this Act and shall from time to time publish in the Gazette a list of the names of officers so appointed. (2) The Minister may make such arrangements as he considers appropriate for the training of persons to be conciliation officers or industrial relations officers and of conciliation officers and industrial relations officers.


document_id: ira-1960
provision_ref: s29
chapter: PART 3 - COLLECTIVE BARGAINING
section: 29
title: Negotiations otherwise than under this Part or Part 4
content:
29. Any person who or any trade union or platform work association which enters into negotiations in relation to industrial matters otherwise than in accordance with the provisions of this Part or Part 4 shall be guilty of an offence. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s30
chapter: PART 4 - LIMITED REPRESENTATION OF EXECUTIVE EMPLOYEES
section: 30
title: Interpretation of this Part
content:
30. —(1) In this Part, unless the context otherwise requires, “recognised trade union” means a trade union the majority of whose membership consists of non‑executive employees and which has been accorded recognition by an employer under section 17 in respect of any non‑executive employees. [1/2015] (2) For the purposes of this Part, the Minister charged with the responsibility for human resource management in the Civil Service shall be deemed to be the employer of employees of the Government. [1/2015]


document_id: ira-1960
provision_ref: s30A
chapter: PART 4 - LIMITED REPRESENTATION OF EXECUTIVE EMPLOYEES
section: 30A
title: Limited representation of executive employees
content:
30A. —(1) Notwithstanding section 17, a recognised trade union may represent any executive employee individually, and not as a class, for all or any of the following purposes only: ( a ) to make representations to the Minister under section 35(3); ( b ) upon the retrenchment of the executive employee, to negotiate with the employer with a view to resolving any dispute relating to the retrenchment benefit payable to the executive employee; ( c ) to negotiate with the employer with a view to resolving any dispute relating to a breach of contract of employment by the executive employee or the employer; ( d ) to represent the executive employee in proceedings before a Court in respect of the dismissal or reinstatement of the executive employee in circumstances arising out of a contravention of section 82 or any matter referred to in paragraph ( b ) or ( c ); ( e ) to negotiate with the employer with a view to resolving any re‑employment dispute as defined in section 8A(4) of the Retirement and Re‑employment Act 1993. [1/2015] (2) Where a recognised trade union seeks to represent an executive employee under subsection (1), the employer may object to such representation only on the ground that the executive employee — ( a ) is employed in a senior management position or performs or exercises any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees; ( b ) performs or exercises any function, duty or power which includes decision‑making, or the power to substantially influence decision‑making, on any industrial matter including the employment, termination of employment, promotion, transfer, reward or discipline of other employees; ( c ) performs any function or duty which includes representing the employer in any negotiation relating to any industrial matter; ( d ) has access to confidential information relating to the budget and finances of the employer, any industrial relations matter or the salaries and personal records of other employees; or ( e ) performs or exercises any other function, duty or power which may give rise to a real or potential conflict of interest if he is represented by the trade union. [1/2015] (3) Where an employer raises any objection under subsection (2), the employer and the trade union shall make a joint application to a Court for the determination of the question. (4) Until the Court gives its decision, the recognised trade union may continue to represent other executive employees whose representation by the trade union under subsection (1) is not objected to by the employer under subsection (2). (5) The powers of a Court under subsection (3) shall be exercisable by the Court constituted by the president alone.


document_id: ira-1960
provision_ref: s30B
chapter: PART 4 - LIMITED REPRESENTATION OF EXECUTIVE EMPLOYEES
section: 30B
title: Invitation to negotiate
content:
30B. A recognised trade union representing an executive employee under section 30A may serve on an employer or an employer may serve on a recognised trade union, as the case may be, a notice in the prescribed form (referred to in this Part as an invitation to negotiate) — ( a ) setting out proposals for resolving any dispute relating to the issue of retrenchment benefit payable to the executive employee upon the retrenchment of the executive employee or a breach of contract of employment by the executive employee or his employer or any re‑employment dispute as defined in section 8A(4) of the Retirement and Re‑employment Act 1993; and ( b ) inviting the employer or trade union, as the case may be, to negotiate with it in relation to those matters with a view to arriving at a settlement. [1/2015]


document_id: ira-1960
provision_ref: s30C
chapter: PART 4 - LIMITED REPRESENTATION OF EXECUTIVE EMPLOYEES
section: 30C
title: Acceptance of invitation to negotiate
content:
30C. An employer or a recognised trade union upon whom an invitation to negotiate has been served under section 30B may, within 7 days after service of that invitation, serve on the recognised trade union or employer which served the notice an acceptance of the invitation to negotiate (referred to in this Part as an acceptance to negotiate).


document_id: ira-1960
provision_ref: s30D
chapter: PART 4 - LIMITED REPRESENTATION OF EXECUTIVE EMPLOYEES
section: 30D
title: Non-acceptance of invitation to negotiate
content:
30D. —(1) Where an employer or a recognised trade union upon whom an invitation to negotiate was served under section 30B has not served an acceptance to negotiate within the time specified in section 30C, the employer or trade union which served the invitation to negotiate, as the case may be, may notify the Commissioner. (2) Upon receipt of a notification under subsection (1), the Commissioner shall consult, or direct a conciliation officer to consult, with the employer or trade union which has not served an acceptance to negotiate with a view to persuading that employer or trade union to accept the invitation.


document_id: ira-1960
provision_ref: s30E
chapter: PART 4 - LIMITED REPRESENTATION OF EXECUTIVE EMPLOYEES
section: 30E
title: Conciliation
content:
30E. —(1) If, after the expiration of 14 days from the date of service of an invitation to negotiate, an agreement has not been reached between the recognised trade union and the employer by whom and upon whom the invitation was served as to all the matters set out in the invitation, either party to the negotiations may notify the Commissioner. (2) Upon receipt of a notification under subsection (1), the Commissioner may consult, or direct a conciliation officer to consult, with the employer and the trade union concerned in an endeavour to assist them to reach a settlement by conciliation.


document_id: ira-1960
provision_ref: s30F
chapter: PART 4A - TRIPARTITE MEDIATION OF DISPUTES INVOLVING EMPLOYEES
section: 30F
title: Interpretation of this Part
content:
30F. In this Part — “approved mediator” has the same meaning as in section 2(1) of the Employment Claims Act 2016; “claim referral certificate” means a claim referral certificate issued under section 30H(6); “employee”, in relation to an employer — ( a ) means an employee who is a member of a trade union which has not been given recognition (in respect of any class of employees) by the employer under section 17; but ( b ) excludes any individual belonging to any class of individuals which the Minister declares, by notification in the Gazette , to be a class of individuals to which this Part does not apply; “federation” has the same meaning as in the Trade Unions Act 1940; “salary” has the same meaning as in the Employment Act 1968; “specified employment dispute” and “specified statutory dispute” have the same meanings as in section 2(1) of the Employment Claims Act 2016; “tripartite mediation” means mediation under this Part, between an employee and his employer, which is conducted — ( a ) by a conciliation officer or an approved mediator; ( b ) with the assistance of any tripartite mediation advisors who may be assigned or re‑assigned under section 30H(3)( b ) to assist the employee or the employer in the mediation; and ( c ) in an endeavour to reach a settlement in respect of disputes under section 30G; “tripartite mediation advisor” means any tripartite mediation advisor appointed under section 30K; “wrongful dismissal dispute” has the same meaning as in section 2(1) of the Employment Claims Act 2016. [36/2010; 1/2015; 21/2016; 55/2018]


document_id: ira-1960
provision_ref: s30G
chapter: PART 4A - TRIPARTITE MEDIATION OF DISPUTES INVOLVING EMPLOYEES
section: 30G
title: Disputes for tripartite mediation
content:
30G. —(1) Subject to subsection (2), only the following disputes may be the subject of tripartite mediation: ( a ) any dispute relating to a breach of contract of employment by the employer of an employee; ( b ) any dispute relating to salary due to an employee; ( c ) any dispute relating to the retrenchment benefit payable or to be paid to an employee by his employer; ( d ) any re‑employment dispute as defined in section 8A(4) of the Retirement and Re‑employment Act 1993; ( e ) any specified statutory dispute; or ( f ) any wrongful dismissal dispute, the material facts of which giving rise to the dispute occur on or after 1 February 2011. [36/2010; 21/2016; 55/2018] (2) The following disputes may not be the subject of tripartite mediation: ( a ) any wrongful dismissal dispute in relation to which an employee may lodge a claim mentioned in section 14(2) of the Employment Act 1968, in a case where the Commissioner receives a notification under section 30H(2) relating to that dispute later than one month after the date of the dismissal of the employee; ( b ) any wrongful dismissal dispute in relation to which a female employee may lodge a claim mentioned in section 84(2) of the Employment Act 1968, in a case where the Commissioner receives a notification under section 30H(2) relating to that dispute later than 2 months after the date of the employee’s confinement; ( c ) any dispute (not being a wrongful dismissal dispute mentioned in paragraph ( a ) or ( b )) in a case where — (i) the employment relationship has ended (whether due to the retirement of the employee, or the expiry or termination of the contract of service, or otherwise); and (ii) the Commissioner receives a notification under section 30H(2) relating to that dispute later than 6 months after the last day of employment of the employee; ( d ) any other dispute, in a case where the Commissioner receives a notification under section 30H(2) relating to that dispute later than one year after the date on which the material facts giving rise to the dispute occurred. [36/2010; 21/2016; 55/2018] (3) The Minister may, by order in the Gazette , lengthen or shorten either or both of the following periods, either absolutely or for any class of employees, any class of employers and any category of disputes mentioned in subsection (1): ( a ) the period of 6 months mentioned in subsection (2)( c )(ii); ( b ) the period of one year mentioned in subsection (2)( d ). [21/2016; 55/2018]


document_id: ira-1960
provision_ref: s30H
chapter: PART 4A - TRIPARTITE MEDIATION OF DISPUTES INVOLVING EMPLOYEES
section: 30H
title: Procedure for seeking and conduct of tripartite mediation
content:
30H. —(1) An employee who has a dispute with his employer may seek tripartite mediation by informing his trade union or any federation of which his trade union may be part of, of such dispute. [36/2010; 21/2016] (2) The trade union or federation may notify the Commissioner of such dispute, in such form and manner as the Commissioner may determine. [36/2010] (3) Upon receiving a notification of a dispute under subsection (2), the Commissioner may — ( a ) direct a conciliation officer or an approved mediator to conduct tripartite mediation of the dispute; ( b ) assign or re-assign tripartite mediation advisors, at any stage prior to the commencement of the tripartite mediation proceedings, to assist the employee or his employer (who are parties to the relevant dispute) in the tripartite mediation; ( c ) direct the employee and the employer to participate in the tripartite mediation; and ( d ) of his own volition or upon request by either the employee or the employer, request any other party whom he deems appropriate, including but not limited to — (i) an officer from the trade union of which the employee is a member; and (ii) a representative of any business organisation of which the employer is a member, to participate in the tripartite mediation by assisting the tripartite mediation advisors assigned under paragraph ( b ). [36/2010; 21/2016] (4) The conciliation officer or approved mediator may conduct the tripartite mediation session in such manner as he deems fit and shall, subject to subsection (5), have the discretion to decide on the persons who may attend any mediation session. [36/2010; 21/2016] (5) No party shall be represented by an advocate or solicitor or a paid agent at any mediation session. [36/2010] (6) Where a tripartite mediation is conducted by an approved mediator, the approved mediator must issue to the employee a claim referral certificate in respect of every unresolved specified employment dispute that is a subject of the tripartite mediation, if — ( a ) the employer is given reasonable notice of, or is directed under subsection (3)( c ) to participate in, the tripartite mediation, but does not attend any mediation session; or ( b ) no settlement is reached at the end of the tripartite mediation in relation to one or more of the specified employment disputes that are the subject of the tripartite mediation. [21/2016] (7) Despite subsection (6), if the employee is given reasonable notice of, or is directed under subsection (3)( c ) to participate in, the tripartite mediation, and the employee fails, without reasonable excuse, to attend any mediation session, the approved mediator may refuse to issue to the employee a claim referral certificate in respect of all or any of the unresolved specified employment disputes that are the subject of the tripartite mediation. [21/2016] (8) Despite subsection (6)( a ), if the employer is directed by the Minister under section 30J(2) to attend a mediation session, the approved mediator must not issue a claim referral certificate unless the employer fails to comply with the Minister’s direction. [21/2016] (9) In this section, a specified employment dispute that is a subject of a tripartite mediation is unresolved if the dispute — ( a ) is not settled; and ( b ) is not withdrawn from being a subject of the tripartite mediation. [21/2016]


document_id: ira-1960
provision_ref: s30I
chapter: PART 4A - TRIPARTITE MEDIATION OF DISPUTES INVOLVING EMPLOYEES
section: 30I
title: Employer’s right to object
content:
30I. —(1) An employer may object to the eligibility of an employee to tripartite mediation but only on the ground that the employee is an executive employee who — ( a ) is employed in a senior management position or performs or exercises any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees; ( b ) performs or exercises any function, duty or power which includes decision‑making, or the power to substantially influence decision‑making, on any industrial matter including the employment, termination of employment, promotion, transfer, reward or discipline of other employees; ( c ) performs any function or duty which includes representing the employer in any negotiation relating to any industrial matter; ( d ) has access to confidential information relating to the budget and finances of the employer, any industrial relations matter or the salaries and personal records of other employees; or ( e ) performs or exercises any other function, duty or power which may give rise to a real or potential conflict of interest if he is represented by the trade union or federation. [36/2010; 1/2015; 21/2016] (2) Where an employer wishes to raise any objection under subsection (1), the employer shall, within 14 days from the date of the direction referred to in section 30H(3)( c ) (or such longer period as the Commissioner may, in his discretion, allow in any particular case), give notice of his objection in the prescribed form and manner to the Commissioner stating precisely the grounds of his objection. [36/2010] (3) In deciding whether the objection should stand, the Commissioner may consult one or more tripartite mediation advisors who, in the opinion of the Commissioner, are of sufficient standing and experience to advise and make recommendations to the Commissioner in relation to such objection. [36/2010] (4) Any tripartite mediation advisor who is consulted under subsection (3) shall not be assigned and shall not continue (if assigned) to assist the parties in the tripartite mediation under section 30H(3)( b ). [36/2010] (5) The Commissioner’s decision as to whether any objection should stand shall be final. [36/2010]


document_id: ira-1960
provision_ref: s30J
chapter: PART 4A - TRIPARTITE MEDIATION OF DISPUTES INVOLVING EMPLOYEES
section: 30J
title: Attendance at mediation sessions
content:
30J. —(1) In the event that an employee who has been directed to participate in tripartite mediation under section 30H(3)( c ) fails to attend any mediation session without reasonable excuse, the Commissioner may issue such further directions as he deems fit, including but not limited to terminating the tripartite mediation proceedings. [36/2010; 21/2016] (2) In the event that an employer who has been directed to participate in tripartite mediation under section 30H(3)( c ) fails to attend any mediation session without reasonable excuse, the Minister may in writing, direct such employer to attend a mediation session. [36/2010] (3) Any employer who fails to comply with the Minister’s direction to attend a mediation session under subsection (2) without reasonable excuse shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [36/2010]


document_id: ira-1960
provision_ref: s30K
chapter: PART 4A - TRIPARTITE MEDIATION OF DISPUTES INVOLVING EMPLOYEES
section: 30K
title: Tripartite mediation advisors
content:
30K. The Minister shall appoint such persons as he thinks fit to be tripartite mediation advisors for the purposes of this Part and shall from time to time publish in the Gazette a list of the names of persons so appointed. [36/2010]


document_id: ira-1960
provision_ref: s31
chapter: PART 5 - ARBITRATION
section: 31
title: Court to have cognizance of trade disputes
content:
31. A Court shall have cognizance of a trade dispute where — ( a ) all the trade unions and employers who are parties to a trade dispute jointly make a request in writing to the Registrar that the trade dispute be submitted to arbitration; ( b ) a trade union or an employer who is a party to a trade dispute makes a request in writing to the Registrar that under section 50(1) of the Employment Act 1968 the trade dispute be submitted to arbitration; ( c ) a trade union which or an employer who is a party to a trade dispute as to any matter arising from or connected with a transfer of employment makes a request in writing, whether before or after the transfer of employment, to the Registrar that the trade dispute be submitted to arbitration; ( d ) the trade dispute relates to — (i) the retrenchment benefit payable to an executive employee who is represented by a recognised trade union under section 30A; or (ii) a breach of contract of employment by an executive employee who is represented by a recognised trade union under section 30A or his employer, and the employer or the recognised trade union representing the executive employee makes a request in writing to the Registrar that the trade dispute be submitted to arbitration; ( e ) the Minister by notice in the Gazette directs that the trade dispute be submitted to arbitration; or ( f ) the President of Singapore by proclamation declares that by reason of special circumstances it is essential in the public interest that a trade dispute be submitted to arbitration.


document_id: ira-1960
provision_ref: s32
chapter: PART 5 - ARBITRATION
section: 32
title: Court to arbitrate
content:
32. Subject to section 33, a Court shall carefully and expeditiously hear, inquire into and investigate every trade dispute of which it has cognizance and all matters affecting the trade dispute and the just settlement of the trade dispute and shall determine the trade dispute by arbitration.


document_id: ira-1960
provision_ref: s33
chapter: PART 5 - ARBITRATION
section: 33
title: Dispute as to employment in Government service
content:
33. —(1) Where a Court has cognizance of a trade dispute in relation to employment in the service of the Government, the president shall so inform the President of Singapore. (2) The Court shall not exercise its powers or perform its functions in relation to the trade dispute so far as it relates to that employment except with the approval of the President of Singapore.


document_id: ira-1960
provision_ref: s34
chapter: PART 5 - ARBITRATION
section: 34
title: Court to have regard to certain matters
content:
34. —(1) In determining a trade dispute, a Court may have regard — ( a ) not only to the interests of the persons immediately concerned but to the interests of the community as a whole and in particular the condition of the economy of Singapore; ( b ) to the recommendations made from time to time by the Minister under section 49 of the Employment Act 1968 relating to the matters specified in that section; and ( c ) in the case of any trade dispute relating to the re‑employment of any eligible employee under the Retirement and Re‑employment Act 1993, the tripartite guidelines relating to re-employment issued by the Minister under section 11B of that Act. [4/2011] (2) In any case where a Court has regard to the recommendations referred to in subsection (1)( b ), the Court may vary or set aside any of the terms of a collective agreement or award notwithstanding section 45.


document_id: ira-1960
provision_ref: s35
chapter: PART 5 - ARBITRATION
section: 35
title: Power to make awards
content:
35. —(1) A Court shall have power in relation to a trade dispute of which it has cognizance to make an award (including an interim award) relating to all or any of the industrial matters in dispute. (2) A Court shall not consider a dispute relating to the dismissal of an employee or make an award relating to the reinstatement of an employee except in circumstances arising out of a contravention of section 82. (3) Notwithstanding subsection (2), where an employee considers that he has been dismissed without just cause or excuse by his employer, in circumstances other than those arising out of a contravention of section 82, he may, within one month of such dismissal, make, through his trade union, representations in writing to the Minister to be reinstated in his former employment. (4) The Minister may, before making a decision on any such representations, by writing under his hand request the Commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse. (5) If the Minister decides to deal with the representations himself, he shall before making a decision thereon give an opportunity to the employer to make representations in writing as to why he considered the dismissal of the employee to be justified. (6) If, after considering the representations of the trade union and of the employer (if any) and any report made by the Commissioner under subsection (4), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary, direct the employer — ( a ) to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned had he not been dismissed by the employer; or ( b ) to pay such amount of wages as compensation as may be determined by the Minister. (7) The employer shall comply with the direction of the Minister under subsection (6). (8) The decision of the Minister on any representations made under this section shall be final and conclusive and shall not be challenged in any court or in a Court established under this Act. (9) Any direction by the Minister under subsection (6) shall operate as a bar to any action for damages by the employee in any court in respect of the wrongful dismissal. (10) An employer who fails to comply with the direction of the Minister under subsection (6) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [36/2010] (11) Where an amount to be paid under subsection (6) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (10), the amount, or so much thereof as remains unpaid, shall be recoverable by a District Court as if it were a fine and the amount so recovered shall be paid to the employee entitled under the direction.


document_id: ira-1960
provision_ref: s36
chapter: PART 5 - ARBITRATION
section: 36
title: Award relating to trade dispute over transfer of employment
content:
36. Where the Court has cognizance of a trade dispute between a trade union and an employer arising from or connected with a transfer of employment, the Court’s power to make an award relating to the dispute under section 35 shall include the powers — ( a ) to delay or prohibit the transfer of employment of an employee who is a member of the trade union; and ( b ) to order that the transfer of employment of the employee who is a member of the trade union be subject to such terms as the Court considers just.


document_id: ira-1960
provision_ref: s37
chapter: PART 6 - AWARDS
section: 37
title: Form of award
content:
37. An award shall be framed in such a manner as best to express the decision of the Court and to avoid unnecessary technicalities.


document_id: ira-1960
provision_ref: s38
chapter: PART 6 - AWARDS
section: 38
title: Operation of award
content:
38. An award shall not derogate from any right or privilege which an employee has under the provisions of any written law and any term of an award shall, to the extent to which it would so derogate, be null and void.


document_id: ira-1960
provision_ref: s39
chapter: PART 6 - AWARDS
section: 39
title: Commencement and continuance of award
content:
39. —(1) An award shall have effect from the date of the award unless all parties to the trade dispute who appear or are represented before the Court otherwise agree or the Court otherwise directs. (2) An award shall, subject to this Act, continue in force for a period to be specified in the award not being more than 3 years from the date upon which the award comes into force or, except in the case of an interim award, less than 2 years from that date. (3) Where some or all of the persons and trade unions bound by an award, by an agreement registered under section 25, agree that the award or the award as varied by the agreement shall continue in force for a period not being less than 2 years or more than 3 years after the date on which it would otherwise cease to be in force, the award or the award as varied shall as between the parties to the agreement continue in force for such period. (4) A Court may, whether or not an award has ceased to be in force, on application by a person or trade union bound by the award, order that the award, or the award as varied by the order, shall continue in force for such period, not being less than 2 years or more than 3 years, after the date on which it would otherwise cease to be in force, as is specified in the order. (5) Where an application has been made under subsection (4) and a notice under section 18 has been served either before or after such application — ( a ) the proceedings under subsection (4) shall be suspended until the parties concerned have had the opportunity of negotiating and reaching agreement on the proposals made under section 18; and ( b ) in the event of failure to reach agreement within 2 months of the date of service of the invitation to negotiate served under section 18, both parties shall notify the Registrar that no agreement has been reached. (6) On notification under subsection (5)( b ), the application under subsection (4) shall be deemed to be withdrawn and the Court shall proceed to determine the dispute as if a joint application under section 31( a ) had been made.


document_id: ira-1960
provision_ref: s40
chapter: PART 6 - AWARDS
section: 40
title: On whom award binding
content:
40. —(1) An award determining a trade dispute shall be binding on — ( a ) all parties to the trade dispute who appeared or were represented before the Court; ( b ) all parties to the trade dispute who were summoned or notified, either personally or as prescribed, to appear as being parties to the trade dispute; ( c ) all trade unions and persons who, having been notified either personally or as prescribed, of the trade dispute and of the fact that they were alleged to be parties to the trade dispute, did not, before the conclusion of the hearing of the trade dispute, satisfy the Court that they were not parties to the trade dispute; ( d ) any successor to, or any transferee, assignee or transmittee of, the undertaking of an employer who was a party to the trade dispute or of an employer bound by the award, including any corporation which has acquired or taken over the undertaking of such an employer; ( e ) any successor to a trade union which was a party to a trade dispute; ( f ) all trade unions and persons upon whom the award is declared to be binding by order made by the Minister under section 41; and ( g ) all members of a trade union bound by the award. (2) Where an employer bound by an award has ceased to carry on an undertaking on any premises and another person commences to carry on an undertaking of the same kind on the same premises, that person shall, for the purpose of this section, be deemed to be a successor to the undertaking of the employer bound by the award.


document_id: ira-1960
provision_ref: s41
chapter: PART 6 - AWARDS
section: 41
title: Minister may extend operation of award
content:
41. —(1) The Minister may, by writing under his hand, request a Court to inquire and report to him — ( a ) whether it is desirable in the public interest that the operation of an award be extended so that it shall be binding on any person or trade union or any class or description of persons or of trade unions not already bound by the award, either with or without modifications; and ( b ) if so, upon what person or trade union or classes or descriptions of persons or of trade unions and, where applicable, with what modifications. (2) Where a request is made to a Court under subsection (1), the Court shall inquire into and report to the Minister upon the questions set out in the request. (3) The Court shall not report that it is desirable that the operation of an award be extended so as to be binding on any person or trade union or any class or description of persons or of trade unions unless it has — ( a ) caused to be published in the Gazette and in such other publications (if any) as it thinks fit a notification addressed to that person or trade union or that class or description of persons or of trade unions stating the questions into which the Court has been requested to inquire and specifying a time and place at which the Court will hear trade unions and persons interested and desiring to be heard; and ( b ) heard all interested trade unions and persons appearing or represented before it. (4) Where the Court reports that in its opinion it is desirable that the operation of an award should be extended, there shall be included in the report a statement of the terms of a proposed order appropriate to give effect to the opinion of the Court. (5) The Minister may, if he considers it desirable to do so, make an order in the terms proposed by the Court. (6) An order made by the Minister under this section shall be published in the Gazette and subject to subsection (7) shall have effect as if it were an award. (7) The Minister may at any time by notification in the Gazette revoke an order made under this section.


document_id: ira-1960
provision_ref: s42
chapter: PART 6 - AWARDS
section: 42
title: Contents of award
content:
42. In making an award in relation to a trade dispute, a Court — ( a ) shall not be restricted to the specific relief claimed by the parties or to the demands made by the parties in the course of the trade dispute but may include in the award any matter or thing which it thinks expedient for the purpose of settling the trade dispute or of preventing further trade disputes and may in fixing wages, salaries, allowances or other remuneration give effect to its decision by prescribing time rates, piecework rates, salary scales, bonus payments, severance pay, or retirement allowances or by such other prescription as it considers appropriate; and ( b ) may include provisions requiring an employer bound by the award to keep records relating to employees entitled to the benefit of the award and prescribing the form of such records and the information to be recorded.


document_id: ira-1960
provision_ref: s43
chapter: PART 6 - AWARDS
section: 43
title: Award to provide for referee
content:
43. —(1) A Court shall, unless it is of the opinion that it would be inappropriate to do so, include in every award a provision for the settlement of disputes between persons and trade unions bound by the award while the award is in force arising out of the operation of the award including provision for the reference of those disputes to a referee. (2) The referee mentioned in subsection (1) shall be a person to be chosen in a manner provided by the award from among the persons referred to in subsection (3) and the decision of the referee shall have effect as if it were a term of the award. (3) The Minister shall appoint persons whom he considers suitable as referees and the names of such persons shall be published from time to time in the Gazette and those referees shall be eligible for re‑appointment. (4) The appointment of referees shall be liable to be revoked at any time by the Minister but they shall, unless their appointment is so revoked or they resign in the meantime, hold office for a term of 2 years. (5) The decision of the referee under subsection (1) shall be given within 3 weeks after the completion of the hearing of the trade dispute or matter unless the president otherwise directs. (6) An appeal shall lie from the decision of the referee to the Court and the decision of the Court on such appeal shall be final and conclusive. (7) An appeal under subsection (6) shall be made in the prescribed manner within 14 days from the date of the decision of the referee.


document_id: ira-1960
provision_ref: s44
chapter: PART 6 - AWARDS
section: 44
title: Interpretation of award
content:
44. —(1) A Court may, upon application made by a trade union or person bound by an award, give an interpretation of the award. (2) An interpretation given by a Court shall be final and conclusive and shall be binding on all trade unions and persons bound by the award who have been given an opportunity of being heard by the Court.


document_id: ira-1960
provision_ref: s45
chapter: PART 6 - AWARDS
section: 45
title: Setting aside and variation of award
content:
45. —(1) Subject to subsections (2) and (3), a Court may, upon application by any person or trade union bound by an award, by order vary or set aside any of the terms of an award and shall vary any of the terms of an award if it considers it desirable to do so for the purpose of removing ambiguity or uncertainty. (2) During the period for which an award is in force, a Court shall not, except for the purpose of removing ambiguity or uncertainty, vary or set aside any of the terms of an award except where the president certifies that by reason of exceptional circumstances it is desirable to do so. (3) No award of a Court determining a trade dispute shall be varied or set aside except for the purpose of removing ambiguity or uncertainty. (4) Where an application for an order to vary or set aside any of the terms of an award has been made, under subsection (1), by any person or trade union bound by an award with the prior agreement of the other party affected by the application, the powers of the Court under this section shall be exercisable by the Court constituted by the president alone.


document_id: ira-1960
provision_ref: s46
chapter: PART 6 - AWARDS
section: 46
title: Variation of collective agreement to conform with award
content:
46. Upon application made to a Court by a party to a collective agreement, the Court may order that the collective agreement be varied so that it may be in conformity with the terms of any award made after the commencement of the collective agreement.


document_id: ira-1960
provision_ref: s47
chapter: PART 6 - AWARDS
section: 47
title: Award to be final
content:
47. —(1) Subject to the provisions of this Act, an award shall be final and conclusive. (2) No award or decision or order of a Court or the president or a referee shall be challenged, appealed against, reviewed, quashed, or called in question in any court and shall not be subject to any Quashing Order, Prohibiting Order, Mandatory Order or injunction in any court on any account. [42/2005]


document_id: ira-1960
provision_ref: s48
chapter: PART 6 - AWARDS
section: 48
title: Award to be available at office of Registrar
content:
48. —(1) Every award and every order varying an award or affecting the operation of an award shall be deposited with and registered by the Registrar. (2) The Registrar shall cause copies to be made of every award and of every such order and copies so made shall be forwarded to the Commissioner and shall be open to inspection at the office of the Registrar. [Act 30 of 2024 wef 01/01/2025] (3) A person bound by an award or a person authorised by an employer or a trade union bound by an award shall upon application to the Registrar be allowed a reasonable opportunity of comparing a copy of an award or order with the original.


document_id: ira-1960
provision_ref: s49
chapter: PART 6 - AWARDS
section: 49
title: Evidence of award
content:
49. An office copy of an award or order of a Court certified to be true under the hand of the Registrar shall be received in all courts as evidence of the award or order without proof of the signature of the Registrar.


document_id: ira-1960
provision_ref: s50
chapter: PART 6 - AWARDS
section: 50
title: Exhibition of award
content:
50. —(1) An employer bound by an award shall cause true copies of the award and of all orders varying the award, or true copies of the award as varied from time to time, to be exhibited and kept exhibited — ( a ) at or near the entrance to any premises in or upon which employees bound by the award are employed by him; and ( b ) at such other place to which employees employed by him have access as may be specified in the award, in such a position as to be conspicuous to and easily read by them. [Act 30 of 2024 wef 01/01/2025] (2) An employer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [36/2010]


document_id: ira-1960
provision_ref: s51
chapter: PART 6 - AWARDS
section: 51
title: Contracts contrary to award
content:
51. An employer or a person acting as an agent for an employer who makes a contract or agreement for the employment of an employee on terms and conditions less favourable to the employee than the terms and conditions of an award binding on the employer and employee shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [36/2010]


document_id: ira-1960
provision_ref: s52
chapter: PART 6 - AWARDS
section: 52
title: Penalties for breach of award
content:
52. —(1) Any trade union or person bound by an award who has committed any breach or non-observance of any term of an award shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding — ( a ) in the case of a trade union or an employer, $5,000; ( b ) in the case of an officer of a trade union, $1,000; and ( c ) in any other case, $1,000. [36/2010] (2) Where in any proceedings against an employer under this section it appears to the Magistrate’s Court that an employee employed by that employer has not been paid an amount which he is entitled to be paid by way of wages or otherwise in accordance with an award, that Court may — ( a ) order that the employer shall pay to the employee the amount due to him either in a lump sum or by instalments; and ( b ) fix the date or dates on which the lump sum or instalments shall be paid. (3) Where an amount or instalment ordered to be paid under subsection (2) is not paid on the date fixed by the order, the amount or so much thereof as then remains unpaid shall immediately be recoverable as if it were a fine and the amount so recovered shall be paid to the employee entitled under the order.


document_id: ira-1960
provision_ref: s53
chapter: PART 6 - AWARDS
section: 53
title: Recovery of wages or earnings under award
content:
53. —(1) An employee bound by an award may recover in any court of competent jurisdiction any amount which the employee is entitled to be paid by way of wages or otherwise in accordance with the award. (2) A platform worker bound by an award may recover in any court of competent jurisdiction any amount which the platform worker is entitled to be paid by way of earnings (within the meaning given by section 2 of the Platform Workers Act 2024) or otherwise in accordance with the award. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s54
chapter: PART 6 - AWARDS
section: 54
title: Commissioner’s power to inquire into complaints
content:
54. —(1) The Commissioner may — ( a ) inquire into and decide any dispute between an employee and an employer bound by an award as to the employee’s entitlement to any payment by way of wages or otherwise in accordance with the award; and ( b ) make an order in the prescribed form for the payment by either party of such sum of money as he considers just without limitation of the amount thereof. (2) The provisions of the Employment Act 1968 relating to appeals from decisions and orders of the Commissioner under Part 15 of that Act and the mode of procedure for the making and hearing of claims under that Part and the joining of claims shall apply to decisions, orders and claims made under this section. (3) No fees shall be charged by the Commissioner in respect of processes issued by him under this section. (4) All orders made by the Commissioner shall, notwithstanding that the same may in respect of the amount or value be in excess of its ordinary jurisdiction, be enforced by a District Court in the same manner as a judgment of that Court and all necessary processes may be served by that Court on behalf of the Commissioner. (5) No sale of immovable property shall for the purposes of such enforcement be ordered except by the General Division of the High Court. [40/2019] (6) If any person complains to the Commissioner that an order made under subsection (1) has not been complied with — ( a ) the Commissioner shall take such action as is appropriate for the enforcement of the order; and ( b ) no court fees or deposits shall be chargeable in the first instance in respect of the enforcement of the order but the same shall be paid by the person against whom the order is enforced. (7) Where — ( a ) any person complains to the Minister, the Parliamentary Secretary to the Minister or to the Commissioner that a trade union or person bound by an award has committed a breach or non-observance of any term of an award; ( b ) the Minister, the Parliamentary Secretary to the Minister or the Commissioner has reason to believe that such a breach or non-observance has occurred; or ( c ) the Minister, the Parliamentary Secretary to the Minister or the Commissioner wishes to inquire into any matter for which provision is made by an award or any dispute as to such matter, the Minister, the Parliamentary Secretary to the Minister or the Commissioner may summon any other person who he has reason to believe can give information respecting the matter. (8) The person summoned under subsection (7) shall be legally bound to attend at the time and place specified in the summons and to answer truthfully all questions which the Minister, the Parliamentary Secretary to the Minister or the Commissioner may put to him. (9) Any person who in any way wilfully obstructs the service of or obedience to such summons, and any person summoned who neglects to attend as required by such summons, and any person who commits in respect of any such inquiry or complaint any offence described in Chapter 10 of the Penal Code 1871 shall be punished as provided in that Chapter. (10) If, upon inquiry under subsection (7), the Commissioner is informed by the Minister or by the Parliamentary Secretary to the Minister or is of the opinion that a breach or non‑observance of any term of an award has been committed, he shall have the same powers to institute proceedings as he has under Part 15 of the Employment Act 1968 upon inquiry under that Part and the provisions of that Act relating to proceedings instituted by him under that Act shall apply to and in relation to proceedings instituted by him under this subsection.


document_id: ira-1960
provision_ref: s55
chapter: PART 6 - AWARDS
section: 55
title: Inspection
content:
55. —(1) An inspecting officer may — ( a ) enter without previous notice at any hour of the day or night — (i) all places of employment where the inspecting officer has reason to believe that an employee entitled to the benefit of an award is employed; or (ii) all places occupied by a platform operator bound by an award, and inspect any work, material, machinery, appliance or article therein; and [Act 30 of 2024 wef 01/01/2025] ( b ) make such inquiries as he may think fit relative to the observance or non‑observance of the provisions of this Act and of awards and report to the Commissioner thereon. (2) On the occasion of an inspection, an inspecting officer shall — ( a ) show his credentials if requested to do so; and ( b ) notify the employer or platform operator or a representative of the employer or platform operator (as the case may be) of his presence unless he considers that such a notification may be prejudicial to the performance of his duties. [Act 30 of 2024 wef 01/01/2025] (3) In the course of an inspection, an inspecting officer may — ( a ) put questions concerning an employee or a platform worker (as the case may be) whom he believes to be entitled to the benefit of an award to the employee or his employer, or to the platform worker or his platform operator, or any other person whom he considers it desirable to question and require such person to answer such questions; and [Act 30 of 2024 wef 01/01/2025] ( b ) require the employer or platform operator (as the case may be) to produce before him any book, document or other record which he is required by an award to keep or which relate to an employee or a platform worker (as the case may be) entitled to the benefit of an award. [Act 30 of 2024 wef 01/01/2025] (4) An inspecting officer who otherwise than in the performance of his duties reveals any manufacturing or commercial secret which may at any time come to his knowledge in the course of his duties shall be guilty of an offence. (5) A person who — ( a ) hinders or obstructs an inspecting officer in the exercise of the powers conferred by this section; ( b ) omits to answer any question which an inspecting officer requires him to answer; ( c ) makes to an inspecting officer a statement either orally or in writing which is false or misleading in any particular; or ( d ) fails to produce any book, document or record which he is required by an inspecting officer to produce, shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [36/2010]


document_id: ira-1960
provision_ref: s56
chapter: PART 6 - AWARDS
section: 56
title: Powers of Court
content:
56. A Court shall have power — ( a ) to order compliance with an award proved to have been broken or not observed; and ( b ) to enjoin a trade union, platform work association or person from committing or continuing a contravention of any provision of this Act or a breach or non-observance of an award. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s57
chapter: PART 6 - AWARDS
section: 57
title: Contempt of court
content:
57. —(1) A Court shall have the same power to punish as contempt of court a failure to comply with an order of the Court made under section 56 as is possessed by the General Division of the High Court in respect of a failure to comply with an order of the General Division of the High Court. [40/2019] (2) The maximum penalty which a Court is empowered to impose under this section shall be — ( a ) where the contempt was committed by a trade union or platform work association, a fine of $4,000; [Act 30 of 2024 wef 01/01/2025] ( b ) where the contempt was committed by an employer, a platform operator or an officer of a trade union or platform work association, a fine of $2,000 or imprisonment for one year or both; or [Act 30 of 2024 wef 01/01/2025] ( c ) in any other case, a fine of $500 and, in default of payment of the fine, imprisonment for 6 months. (3) A Court shall have power to punish an act or omission as a contempt of the Court although a penalty is provided in respect of that act or omission under some other provision of this Act or under any other written law. (4) For the purposes of enforcing the payment of any fine imposed or giving effect to any order of imprisonment, the president shall have the powers of the General Division of the High Court. [40/2019] (5) Where a Court punishes as contempt a failure by a person to comply with an order of the Court, that person shall, during a period of 2 years from the date on which the punishment is imposed (or any lesser period that the Court may determine), be ineligible — ( a ) to be nominated for election as — (i) an officer of a trade union, branch of a trade union or federation; or (ii) an officer of a platform work association or branch of a platform work association; or ( b ) to act as an officer mentioned in paragraph ( a )(i) or (ii). [Act 30 of 2024 wef 01/01/2025] (6) A person who acts as an officer mentioned in subsection (5)( a )(i) or (ii) while he is ineligible by reason of subsection (5) shall be guilty of an offence and shall be liable on conviction by a District Court — ( a ) to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) if the person is a repeat offender, to imprisonment for a term not less than 6 months and not exceeding 3 years. [Act 30 of 2024 wef 01/01/2025] (7) For the purposes of subsection (6)( b ), “repeat offender”, in relation to an offence under subsection (6), means a person who — ( a ) is convicted, or found guilty, of an offence under subsection (6); and ( b ) has been convicted, or found guilty, of an offence under subsection (6) on at least one other occasion (whether before, on or after the date of commencement of paragraph 13 of the Sixth Schedule to the Platform Workers Act 2024). [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s58
chapter: PART 6 - AWARDS
section: 58
title: Suspension or cancellation of award
content:
58. —(1) If it appears to a Court that a number of members of a trade union sufficiently large to form a substantial part of its membership refuse to accept employment in accordance with an award, the Court may, subject to such conditions as it thinks fit, by order cancel or suspend for such period as it thinks fit all or any of the terms of the award so far as the award applies to or is in favour of the trade union or its members. (1A) If it appears to a Court that a number of members of a platform work association sufficiently large to form a substantial part of its membership refuse to provide a platform service in accordance with an award, the Court may, subject to such conditions as it thinks fit, by order cancel or suspend for such period as it thinks fit all or any of the terms of the award so far as the award applies to or is in favour of the platform work association or its members. [Act 30 of 2024 wef 01/01/2025] (2) The suspension or cancellation of the award may be limited to specified persons or classes of persons or to a specified branch of the trade union or platform work association (as the case may be) or to specified localities. [Act 30 of 2024 wef 01/01/2025] (3) During the period of suspension of an award, a person affected as a present or past member of the trade union or platform work association (as the case may be) by the suspension shall not be entitled to the benefit of any other award. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s59
chapter: PART 6 - AWARDS
section: 59
title: Exercise of jurisdiction under certain sections
content:
59. —(1) The powers of a Court under sections 25, 35, 39(4), 41, 43, 44, 56, 57, 58 and 82 shall be exercisable by the Court constituted by the president alone. [23/2002] (2) An application to a Court for an order under section 56, 57 or 58 may be made by any trade union, platform work association or person interested or by the Commissioner, the Registrar or the Attorney-General. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s60
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 60
title: Procedure of Courts
content:
60. —(1) In the hearing and determination of a trade dispute or in any other proceedings before a Court — ( a ) the procedure of the Court shall, subject to the provisions of this Act, be within the discretion of the Court; ( b ) the Court shall not be bound to act in a formal manner and shall not be bound by the Evidence Act 1893 but may inform itself on any matter in such manner as it thinks just; and ( c ) the Court shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. (2) The Court may determine the periods which are reasonably necessary for the fair and adequate presentation of the respective cases of the parties to the trade dispute or other proceedings and require that those cases be presented within the respective periods so determined. (3) The Court may require evidence or argument to be presented in writing and may decide the matters on which it will hear oral evidence or argument.


document_id: ira-1960
provision_ref: s61
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 61
title: Particular powers of Courts
content:
61. A Court may in relation to a trade dispute of which it has cognizance or any other matter before it — ( a ) take evidence on oath or affirmation; ( b ) summon before it the parties to the trade dispute or matter and witnesses and compel the production before it of books, papers, documents and things; ( c ) hear and determine the trade dispute or matter in the absence of a party who has been summoned or served with notice to appear; ( d ) conduct its proceedings or any part of its proceedings in private; ( e ) refer a matter to an expert and accept his report as evidence; ( f ) direct parties to be joined or struck out; ( g ) order the reinstatement of a dismissed employee or the resumption of a platform worker’s provision of a platform service for a platform operator (as the case may be) or grant such other relief as it may consider desirable; [Act 30 of 2024 wef 01/01/2025] ( h ) dismiss the trade dispute or matter or part thereof if it appears that it is trivial or that further proceedings are not necessary or desirable in the public interest or that, having regard to the provisions of any relevant award made by a Court, or of any relevant collective agreement registered under this Act or made before 15 September 1960 and not so registered, the trade dispute or matter or part thereof ought to be dismissed; and ( i ) generally give all such directions and do all such things as are necessary or expedient for the expeditious and just hearing and determination of the trade dispute or matter.


document_id: ira-1960
provision_ref: s62
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 62
title: Exclusion of evidence as to certain matters
content:
62. —(1) Where a trade dispute relates to matters as to which negotiations have taken place in accordance with this Act, the parties to the dispute may agree upon and present to the Court a written statement relating to the negotiations but except for such statement no evidence shall be given in proceedings in the Court as to the negotiations. (2) In proceedings before the Court, evidence shall not be given with regard to any offer relating to industrial matters made without prejudice by any person, trade union or platform work association without the consent of that person, trade union or platform work association, as the case may be. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s63
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 63
title: Intervention by Attorney-General
content:
63. —(1) Where the Attorney-General — ( a ) is of the opinion that a dispute of which a Court has cognizance relates to a matter of public importance; and ( b ) has caused a notification to be published in the Gazette stating that he is of that opinion and that he intends to intervene in proceedings before the Court in relation to the dispute, the Attorney-General may intervene in those proceedings by causing a copy of the notification to be served on the Registrar. (2) Where the Attorney-General has intervened in proceedings before the Court, the Court may grant permission to any trade union or platform work association (as the case may be) or person to intervene in those proceedings. [Act 25 of 2021 wef 01/04/2022] [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s64
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 64
title: Representation before Courts
content:
64. —(1) In proceedings before a Court, a party or intervener — ( a ) being a trade union, may be represented by an officer of the trade union or, in the case of a trade union of employees, by an officer of the trade union or by an industrial relations officer selected by the trade union; [Act 30 of 2024 wef 01/01/2025] ( aa ) being a platform work association, may be represented by an officer of the platform work association or, in the case of a platform work association of platform workers, by an officer of the platform work association or an industrial relations officer selected by the platform work association; or [Act 30 of 2024 wef 01/01/2025] ( b ) not being a trade union or platform work association, may be represented — (i) by an employee of that party or intervener; or (ii) by an officer of a trade union or platform work association of which that party or intervener is a member, but shall not be represented by an advocate and solicitor or paid agent except in proceedings under section 57 or by permission of the Court in proceedings in which the Attorney‑General has intervened. [Act 25 of 2021 wef 01/04/2022] [Act 30 of 2024 wef 01/01/2025] (2) A person who is disqualified under subsection (1) from representing a party or intervener in proceedings before the Court shall not in those proceedings communicate, in the face or hearing of the Court, with a party or intervener or a person representing a party or intervener. (3) In this section, “officer” — ( a ) in relation to a trade union, includes for the purposes of any proceedings before the Court a person appointed by the body, by whatever name called, to which the management of the affairs of the trade union is entrusted, to represent the trade union in those proceedings; or ( b ) in relation to a platform work association, includes for the purposes of any proceedings before the Court a person appointed by the body, by whatever name called, to which the management of the affairs of the platform work association is entrusted, to represent the platform work association in those proceedings. [Act 30 of 2024 wef 01/01/2025] (4) For the purposes of this section, a person who, within 6 months before the commencement of any proceedings before the Court, has been practising as an advocate and solicitor shall be deemed not to be an officer of a trade union or platform work association for the purposes of those proceedings or an employee of a party or intervener. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s65
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 65
title: Questions of law
content:
65. —(1) A Court may refer a question of law arising in relation to any trade dispute or matter to the Attorney‑General for his opinion. (2) Before referring a question of law to the Attorney-General in accordance with subsection (1), the Court shall inform the parties to the trade dispute or matter, in relation to which the question arises, of the question which it proposes to refer and allow the parties a reasonable opportunity to make written submissions relating to the question. (3) Submissions made in accordance with subsection (2) shall be referred to the Attorney‑General and the Attorney‑General shall, after considering those submissions, furnish his opinion to the Court. (4) Notwithstanding a reference of a question of law to the Attorney-General (not being a question as to whether the Court may exercise powers under this Act in relation to a trade dispute or matter), the Court may make an award or order in relation to the trade dispute or matter in which the question arose. (5) Upon receiving the opinion of the Attorney-General, the Court — ( a ) may, if it has not made an award or order in the trade dispute or matter in which the question arose, make an award or order not inconsistent with the opinion; or ( b ) shall, if it has made an award or order in the trade dispute or matter, vary the award or order in such a way as will make it consistent with the opinion.


document_id: ira-1960
provision_ref: s66
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 66
title: Authorised person to take evidence
content:
66. A Court may authorise a person to take evidence on its behalf, with such limitations (if any) as the Court directs, in relation to a trade dispute of which it has cognizance and that person shall have all the powers of the Court to secure the attendance of witnesses and to take evidence on oath or affirmation.


document_id: ira-1960
provision_ref: s67
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 67
title: Powers of inspection
content:
67. —(1) Where a Court has cognizance of a trade dispute, the president, a member who constitutes the Court in relation to the trade dispute or a person authorised by the president, may at any time during working hours — ( a ) enter any building, ship, vessel, place or premises in which work is being or has been done or commenced, or a matter or thing is taking or has taken place, to which the trade dispute relates; and ( b ) to the extent and for the purposes named in the authority, inspect or view any work, material, machinery, appliance, article or thing therein and interview any employee or platform worker engaged therein. [Act 30 of 2024 wef 01/01/2025] (2) A person who — ( a ) hinders or obstructs a person in the exercise of the power conferred by subsection (1); or ( b ) makes to a person exercising a power conferred by that subsection a statement either orally or in writing which is false or misleading in any particular, shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [36/2010]


document_id: ira-1960
provision_ref: s68
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 68
title: Decisions of Court
content:
68. —(1) Where a Court constituted otherwise than by the president alone is divided in opinion on a question, the question shall be decided according to the decision of the majority of those constituting the Court or, if there is no such majority decision, according to the decision of the president. (2) A decision of a Court shall be signed by the president and shall be delivered by him or by the Registrar at the direction of the president. (3) The decision of a Court upon a trade dispute or matter shall be given within 2 weeks after the completion of the hearing of the trade dispute or matter or within such extended time as in special circumstances the Court considers to be required for the proper consideration of the trade dispute or matter.


document_id: ira-1960
provision_ref: s69
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 69
title: Offences in relation to Court
content:
69. —(1) A person who — ( a ) creates a disturbance or takes part in creating or continuing a disturbance in or near any place in which a Court is sitting; ( b ) interrupts the proceedings of a Court; ( c ) wilfully insults or disturbs the president or a member constituting a Court when exercising powers or functions under this Act; or ( d ) by writing or speech uses words calculated — (i) to influence improperly the president or a member constituting a Court in the exercise of his powers and functions under this Act; or (ii) to bring a Court into disrepute, shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. (2) A reference in subsection (1) to a Court or to the president shall be read as including a reference to a person authorised in accordance with section 66 to take evidence on behalf of a Court.


document_id: ira-1960
provision_ref: s70
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 70
title: Contempt by witness
content:
70. —(1) A person who has been summoned to appear, or who has appeared, before a Court as a witness and who without just cause, proof whereof shall be upon him — ( a ) disobeys the summons to appear; ( b ) refuses or fails to be sworn as a witness; ( c ) refuses or fails to answer any question which he is required by the Court to answer; or ( d ) refuses or fails to produce any book, paper, document or thing which he is required by the Court to produce, shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. (2) A reference in subsection (1) to a Court shall be read as including a reference to a person authorised in accordance with section 66 to take evidence on behalf of a Court.


document_id: ira-1960
provision_ref: s71
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 71
title: Application of Penal Code 1871
content:
71. Proceedings before a Court shall be deemed to be judicial proceedings for the purposes of the Penal Code 1871 and the Court shall be deemed to be a court of justice within the meaning of the Penal Code 1871.


document_id: ira-1960
provision_ref: s72
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 72
title: Trade secrets, etc., tendered in evidence
content:
72. —(1) In any proceedings before a Court, objection may be taken that any information or any book, paper or document tendered as evidence relates to a trade secret or to the profits or financial position of a witness or party by that witness or party or the person entitled to the trade secret. (2) Where after considering any objection under subsection (1) the Court directs that information so relating shall be given in evidence — ( a ) that information shall not except with the permission of the president be disclosed or published in any newspaper or otherwise; and ( b ) that evidence shall, if the witness or party or the person entitled to the trade secret so requests, be taken in private and no person who is not expressly authorised by the Court to be present shall be present during the taking of that evidence. (3) Where evidence is taken in private, a person representing a party to the proceedings shall have the right to be present unless the Court otherwise orders. (4) Where after considering any objection under subsection (1) the Court directs that any book, paper or document relating to any trade secret or the profits or financial position of a witness or party or person entitled to the trade secret shall be produced before it — ( a ) the president shall have the custody of such book, paper or document and may retain it for such reasonable period as he thinks fit; ( b ) the Court may refer such book, paper or document to an accountant appointed by the Court who may report to the Court whether or not his examination of it supports the evidence given but shall not otherwise disclose the contents thereof; ( c ) the president shall not without the consent of the witness or party or person entitled to the trade secret permit such book, paper or document to be inspected by any person other than the members of the Court; and ( d ) a person who inspects such book, paper or document shall not disclose or publish the contents of such book, paper or document. (5) A Court may direct that any evidence given in proceedings before it or the contents of any book, paper or document produced before it shall not be published. (6) Any person who discloses or publishes any information in contravention of this section or of any direction or order given or made thereunder shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [36/2010]


document_id: ira-1960
provision_ref: s73
chapter: PART 7 - PROCEDURE AND POWERS OF COURTS
section: 73
title: Inspection of books, etc.
content:
73. Subject to section 72, all books, papers, documents and things produced in evidence before a Court may be inspected by the Court or by such parties as the Court allows.


document_id: ira-1960
provision_ref: s74
chapter: PART 8 - BOARDS OF INQUIRY
section: 74
title: Appointment of board of inquiry
content:
74. —(1) The Minister may appoint a board of inquiry and direct the board to inquire into and report to him upon a matter defined in the notification being a matter included within the definition of “industrial matters” in section 2. [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The Minister shall not exercise the power conferred by subsection (1) in relation to a matter unless he is of the opinion that there are special circumstances by reason of which the matter would not otherwise be satisfactorily regulated by collective agreements or awards made under this Act.


document_id: ira-1960
provision_ref: s75
chapter: PART 8 - BOARDS OF INQUIRY
section: 75
title: Constitution of board of inquiry
content:
75. —(1) A board of inquiry shall consist of a chairman and such other persons as the Minister thinks fit to appoint or may, if the Minister thinks fit, consist of one person appointed by the Minister. (2) A board of inquiry may act notwithstanding any vacancy in its number.


document_id: ira-1960
provision_ref: s76
chapter: PART 8 - BOARDS OF INQUIRY
section: 76
title: Procedure and powers of board
content:
76. —(1) The Minister may make regulations as to the procedure of any board of inquiry including regulations as to summoning and payment of expenses of witnesses, quorum and the appointment of committees and enabling the board to call for such documents as the board may determine to be relevant to the subject matter of the inquiry. (2) Provision shall be made by the regulations with respect to the cases in which a person may appear by an advocate and solicitor in proceedings before a board of inquiry and except as provided by those regulations no person shall be entitled to appear in any proceedings by an advocate and solicitor. (3) A board of inquiry may, if and to such extent as may be authorised by regulations made under this Act, by order require any person who appears to the board to have any knowledge of the subject matter of the inquiry to furnish in writing or otherwise such particulars in relation thereto as the board may require and, where necessary, to attend before the board and give evidence on oath or affirmation.


document_id: ira-1960
provision_ref: s77
chapter: PART 8 - BOARDS OF INQUIRY
section: 77
title: Reports
content:
77. —(1) A board of inquiry shall, either in public or in private at its discretion, inquire into any matters referred to it and report thereon to the Minister. (2) A board of inquiry may if it thinks fit make interim reports. (3) Any report of a board of inquiry, and any minority report, shall be presented as soon as possible to Parliament. (4) The Minister may, whether before or after any such report has been presented to Parliament, publish or cause to be published from time to time in such manner as he thinks fit any information obtained or conclusion arrived at by the board of inquiry as a result or in the course of its inquiry. (5) There shall not be included in any report or publication made or authorised by the board of inquiry or the Minister any information obtained by the board in the course of its inquiry as to any trade union or platform work association or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through evidence given at the inquiry except with the consent of the trade union or platform work association in question or of the person, firm or company in question. [Act 30 of 2024 wef 01/01/2025] (6) Any individual member of the board of inquiry or any person concerned in the inquiry who, without such consent, discloses any such information shall be guilty of an offence.


document_id: ira-1960
provision_ref: s77A
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77A
title: Application of Part 3 and Parts 5 to 9, etc.
content:
77A. —(1) Part 3 and Parts 5 to 9 apply in relation to a platform operator, platform worker and platform work association as they apply in relation to an employer, an employee and a trade union, with the following modifications: ( a ) the sections in the second column of the following table (called the applicable section) apply in lieu of the sections in the first column (called the replaced section), and any reference in any other written law to a replaced section is to be read as a reference to the applicable section: First column Replaced section Second column Applicable section (i) 35(2) to (11) 77B (ii) 42 77C (iii) 50 77D (iv) 51 77E (v) 52 77F (vi) 54 77G (vii) 80 77H (viii) 82 77I (ix) 83 77J; ( b ) in sections 17(1), (2), (4) and (5), 18(1), 19, 20, 21, 26, 27, 31( a ), 38, 39, 40(1), 41, 43, 44, 45 and 48, any reference in the first column of the following table is to be read as the corresponding reference in the second column of the table: First column Reference Second column Corresponding reference (i) an employer a platform operator (ii) an employee a platform worker (iii) a trade union a platform work association (iv) a trade union of employees a platform work association of platform workers (v) a representative of an employer a representative of a platform operator (vi) a representative of a trade union a representative of a platform work association; ( c ) the following provisions do not apply to and in relation to platform operators, platform workers and platform work associations: Sections 16( a ), 17(3) and (7), 18(2), 25(6), 31( b ), ( c ) and ( d ), 33, 34(1)( b ) and ( c ) and (2), 36, 79(2) and 81. (2) Parts 4 and 4A do not apply to and in relation to platform operators, platform workers and platform work associations. [Act 30 of 2024 wef 01/01/2025] Division 2 &#x2014; Provisions relating to awards for platform workers
and platform operators [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s77B
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77B
title: Disputes relating to termination of platform work agreements
content:
77B. —(1) A Court is not to consider a dispute relating to the termination of a platform work agreement or make an award relating to the resumption of a platform worker’s provision of a platform service for a platform operator except in circumstances arising out of a contravention of section 77I. (2) Despite subsection (1), where a platform worker considers that his platform work agreement with his platform operator has been terminated without just cause or excuse by that platform operator, in circumstances other than those arising out of a contravention of section 77I, he may, within one month of such termination, make, through his platform work association, written representations to the Minister to resume providing a platform service for that platform operator. (3) The Minister may, before making a decision on any such representations, by writing under his hand request the Commissioner to inquire into the termination and report whether in the Commissioner’s opinion the termination is without just cause or excuse. (4) If the Minister decides to deal with the representations himself, the Minister must, before making a decision on such representation, give an opportunity to the platform operator to make written representations as to why the platform operator considered the termination of the platform agreement with the platform worker to be justified. (5) If, after considering the representations of the platform work association and of the platform operator (if any) and any report made by the Commissioner under subsection (3), the Minister is satisfied that the platform work agreement has been terminated without just cause or excuse, the Minister may, despite any rule of law or agreement to the contrary, direct the platform operator — ( a ) to allow the platform worker to resume providing a platform service for the platform operator and to pay the platform worker an amount that is equivalent to the earnings that the platform worker would have earned had his platform work agreement not been terminated by the platform operator; or ( b ) to pay such amount of earnings as compensation as may be determined by the Minister. (6) The platform operator must comply with the direction of the Minister under subsection (5). (7) The decision of the Minister on any representations made under this section is final and conclusive and is not to be challenged in any court or in a Court established under this Act. (8) Any direction of the Minister under subsection (5) operates as a bar to any action for damages by the platform worker in any court in respect of the wrongful termination of the platform work agreement. (9) A platform operator that fails to comply with the direction of the Minister under subsection (5) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (10) Where an amount to be paid under subsection (5) is not paid in accordance with the direction of the Minister and the platform operator has been convicted of an offence under subsection (9), the amount, or so much thereof as remains unpaid, is recoverable by a District Court as if it were a fine and the amount so recovered must be paid to the platform worker entitled under the direction. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s77C
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77C
title: Contents of award
content:
77C. In making an award in relation to a trade dispute relating to platform operators and platform workers, a Court — ( a ) is not to be restricted to the specific relief claimed by the parties or to the demands made by the parties in the course of the trade dispute but may include in the award any matter or thing which it thinks expedient for the purpose of settling the trade dispute or of preventing further trade disputes and may in fixing earnings or other remuneration give effect to its decision by prescribing deductibles, commission rates or fees to be paid by platform operators to platform workers or by such other prescription as it considers appropriate; and ( b ) may include provisions requiring a platform operator bound by the award to keep records relating to platform workers entitled to the benefit of the award and prescribing the form of such records and the information to be recorded. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s77D
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77D
title: Exhibition of award
content:
77D. —(1) A platform operator bound by an award must cause true copies of the award and of all orders varying the award, or true copies of the award as varied from time to time, to be — ( a ) exhibited and kept exhibited — (i) at or near the entrance to any premises of the platform operator; and (ii) at any other place to which platform workers of the platform operator have access as the award may specify, in such a position as to be conspicuous to and easily read by the platform workers; and ( b ) published and made available to the platform workers, in any manner or by any means as the award may specify that is conspicuous to and easily read by the platform workers. (2) A platform operator that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s77E
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77E
title: Contracts contrary to award
content:
77E. A platform operator or a person acting as an agent for a platform operator that makes a contract or an agreement for a platform worker to provide a platform service for the platform operator on terms and conditions less favourable to the platform worker than the terms and conditions of an award binding on the platform operator and platform worker shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s77F
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77F
title: Breach of award
content:
77F. —(1) Any platform work association or person bound by an award that has committed any breach or non‑observance of any term of an award shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding — ( a ) in the case of a platform work association or platform operator — $5,000; ( b ) in the case of an officer of a platform work association — $1,000; and ( c ) in any other case — $1,000. (2) Where in any proceedings against a platform operator under this section it appears to the Magistrate’s Court that a platform worker who has provided a platform service for that platform operator has not been paid an amount which the platform worker is entitled to be paid as earnings or otherwise in accordance with an award, that Court may — ( a ) order the platform operator to pay to the platform worker the amount due to that platform worker either in a lump sum or by instalments; and ( b ) fix the date or dates on which the lump sum or instalments are to be paid. (3) Where an amount or instalment ordered to be paid under subsection (2) is not paid on the date fixed by the order, the amount or so much of that amount as then remains unpaid is immediately recoverable as if it were a fine and the amount so recovered must be paid to the platform worker entitled under the order. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s77G
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77G
title: Commissioner’s power to inquire into complaints
content:
77G. —(1) The Commissioner may — ( a ) inquire into and decide any dispute between a platform worker and a platform operator bound by an award as to the platform worker’s entitlement to any payment by way of earnings or otherwise in accordance with the award; and ( b ) make an order in the prescribed form for the payment by either party of such sum of money as the Commissioner considers just without limitation of the amount thereof. (2) The provisions of the Employment Act 1968 relating to appeals from decisions and orders of the Commissioner under Part 15 of that Act and the mode of procedure for the making and hearing of claims under that Part and the joining of claims, subject to the modifications set out in subsection (11), shall apply to decisions, orders and claims made under this section. (3) No fees are to be charged by the Commissioner in respect of processes issued by the Commissioner under this section. (4) All orders made by the Commissioner, even though the same may in respect of the amount or value be in excess of its ordinary jurisdiction, are to be enforced by a District Court in the same manner as a judgment of that Court and all necessary processes may be served by that Court on behalf of the Commissioner. (5) No sale of immovable property for the purposes of such enforcement is to be ordered except by the General Division of the High Court. (6) If any person complains to the Commissioner that an order made under subsection (1) has not been complied with — ( a ) the Commissioner must take such action as is appropriate for the enforcement of the order; and ( b ) no court fees or deposits are chargeable in the first instance in respect of the enforcement of the order but the same are to be paid by the person against whom the order is enforced. (7) Where — ( a ) any person complains to the Minister, the Parliamentary Secretary to the Minister or to the Commissioner that a platform work association or person bound by an award has committed a breach or non‑observance of any term of an award; ( b ) the Minister, the Parliamentary Secretary to the Minister or the Commissioner has reason to believe that such a breach or non‑observance has occurred; or ( c ) the Minister, the Parliamentary Secretary to the Minister or the Commissioner wishes to inquire into any matter for which provision is made by an award or any dispute as to such matter, the Minister, the Parliamentary Secretary to the Minister or the Commissioner may summon any other person who he has reason to believe can give information respecting the matter. (8) The person summoned under subsection (7) is legally bound to attend at the time and place specified in the summons and to answer truthfully all questions which the Minister, the Parliamentary Secretary to the Minister or the Commissioner may put to that person. (9) Any person who in any way wilfully obstructs the service of or obedience to such summons, and any person summoned who neglects to attend as required by such summons, and any person who commits in respect of any such inquiry or complaint any offence described in Chapter 10 of the Penal Code 1871 shall be punished as provided in that Chapter. (10) If, upon inquiry under subsection (7), the Commissioner is informed by the Minister or by the Parliamentary Secretary to the Minister or is of the opinion that a breach or non‑observance of any term of an award has been committed, the Commissioner has the same powers to institute proceedings as he has under Part 15 of the Employment Act 1968 upon inquiry under that Part and the provisions of that Act relating to proceedings instituted by him under that Act, subject to the modifications in subsection (11), apply to and in relation to proceedings instituted by him under this subsection. (11) For the purposes of subsections (2) and (10), in the provisions of the Employment Act 1968 mentioned in those subsections, any reference mentioned in the first column of the following table is to be read as the corresponding reference in the second column of the table: First column Reference Second column Corresponding reference ( a ) an employer a platform operator ( b ) an employee a platform worker ( c ) a member of a trade union a member of a platform work association ( d ) an officer of a trade union an officer of a platform work association. [Act 30 of 2024 wef 01/01/2025] Division 3 &#x2014; Offences [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s77H
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77H
title: Platform operators not to discriminate against members of platform work associations
content:
77H. Any platform operator that, in the engagement of persons to provide a platform service for the platform operator, discriminates against a person by reason of the circumstance that the person — ( a ) is or proposes to become an officer or a member of a platform work association or an association that has applied to be registered as a platform work association; ( b ) will, if engaged, be entitled to the benefit of a collective agreement or an award; or ( c ) has appeared as a witness, or has given any evidence, in any proceeding under this Act, shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s77I
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77I
title: Injuring platform worker on account of industrial action
content:
77I. —(1) A platform operator must not — ( a ) terminate or threaten to terminate a platform work agreement with a platform worker; ( b ) cease or threaten to cease assigning to or facilitating for a platform worker, or prevent or threaten to prevent a platform worker from receiving or obtaining, any tasks to be performed in the provision of a platform service for the platform operator; or ( c ) reduce, restrict or limit or threaten to reduce, restrict or limit — (i) the earnings of a platform worker from providing a platform service for the platform operator; (ii) the nature, quantity or value of any benefits that a platform worker receives or may receive, or is or may be entitled to, in relation to the platform worker’s provision of a platform service for the platform operator; or (iii) the platform worker’s ability to receive or accrue any earnings mentioned in sub‑paragraph (i) or any benefits mentioned in sub‑paragraph (ii), by reason of the circumstance that the platform worker — ( d ) is, or proposes to become, an officer or a member of a platform work association or an association that has applied to be registered as a platform work association; ( e ) is entitled to the benefit of a collective agreement or an award; ( f ) has appeared or proposes to appear as a witness, or has given or proposes to give any evidence, in any proceedings under this Act; ( g ) being a member of a platform work association which is seeking to improve working conditions, is dissatisfied with such working conditions; or ( h ) is a member of a platform work association which has served a notice under section 18(1), as modified by section 77A, or which is a party to negotiations under this Act or to a trade dispute which has been notified to the Registrar in accordance with Part 3, as modified by section 77A. (2) A platform operator that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (3) Where a platform operator has been convicted of an offence punishable under subsection (2), the District Court by which the platform operator is convicted may — ( a ) order that the platform operator pay to the platform worker the amount of any earnings lost by the platform worker; and ( b ) direct that the platform operator — (i) where the platform operator has terminated the platform work agreement with the platform worker — enter into a new platform work agreement with the platform worker; or (ii) in any other case — cease or not take any action mentioned in subsection (1)( a ), ( b ) or ( c ) specified in the charge against the platform operator. (4) Where an amount or instalment ordered to be paid under subsection (3) is not paid on the date fixed by the order, the amount or so much of that amount as then remains unpaid is immediately recoverable as if it were a fine and the amount so recovered must be paid to the platform worker entitled under the order. (5) A platform operator that fails to comply with a direction given under subsection (3) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (6) Nothing in this section is to be construed as prohibiting a Court from inquiring into the termination of a platform work agreement between a platform operator and a platform worker where the termination is allegedly in contravention of this section, or the resumption of the provision of a platform service by that platform worker for that platform operator, before any proceedings have commenced in a District Court. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s77J
chapter: PART 8A - APPLICATION OF ACT TO PLATFORM OPERATORS,
section: 77J
title: Injuring platform operator on account of industrial action
content:
77J. A platform worker who ceases to provide a platform service for a platform operator by reason of the circumstance that the platform operator — ( a ) is an officer or a member of a platform work association or an association that has applied for registration as a platform work association; ( b ) is entitled to the benefit of a collective agreement or an award; or ( c ) has appeared as a witness, or has given any evidence, in a proceeding under this Act, shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a penalty not exceeding $1,000. [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s78
chapter: PART 9 - MISCELLANEOUS
section: 78
title: Penalties imposed upon persons observing award
content:
78. —(1) A person bound by an award shall not — ( a ) be subject to expulsion from any trade union or platform work association or to any fine or penalty or to any deprivation of any right or benefit to which he or his legal personal representative would otherwise be entitled; or [Act 30 of 2024 wef 01/01/2025] ( b ) be liable to be placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union or platform work association, as the case may be, by reason of the fact that he has worked or is working or intends to work in accordance with the terms of an award. [Act 30 of 2024 wef 01/01/2025] (2) If a trade union or platform work association or the body by whatever name called to which the management of the affairs of the trade union or platform work association is entrusted declares that it — ( a ) expels or intends to expel any member; or ( b ) imposes or intends to impose any fine, penalty, deprivation, disability or disadvantage upon a member, where the expulsion, fine, penalty, deprivation, disability or disadvantage would be contrary to subsection (1), the trade union or platform work association (as the case may be) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000. [36/2010] [Act 30 of 2024 wef 01/01/2025]


document_id: ira-1960
provision_ref: s79
chapter: PART 9 - MISCELLANEOUS
section: 79
title: Inducing persons not to join trade unions or platform work associations
content:
79. —(1) A person who, by conferring or procuring or offering to confer or procure any advantage on or for any person, induces or attempts to induce a person — ( a ) not to become — (i) a member or officer of a trade union or an association that has applied to be registered as a trade union; or (ii) a member or officer of a platform work association or an association that has applied to be registered as a platform work association; or [Act 30 of 2024 wef 01/01/2025] ( b ) to cease to be — (i) a member or officer of a trade union or an association that has applied to be registered as a trade union; or (ii) a member or officer of a platform work association or an association that has applied to be registered as a platform work association, shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [36/2010] [Act 30 of 2024 wef 01/01/2025] (2) It shall not be an offence for an employer to require, as a condition of the appointment or promotion of a person to a position of an executive employee as described in section 17(3), that the person shall not be or continue to be an officer or a member of a particular trade union unless that trade union is a trade union whose constitution and rules restrict its membership to executive employees. [1/2015]


document_id: ira-1960
provision_ref: s80
chapter: PART 9 - MISCELLANEOUS
section: 80
title: Employers not to discriminate against members of trade unions
content:
80. Any employer who, in the engagement of persons for employment, discriminates against a person by reason of the circumstance that that person — ( a ) is or proposes to become an officer or member of a trade union or an association that has applied to be registered as a trade union; ( b ) will, if engaged, be entitled to the benefit of a collective agreement or an award; or ( c ) has appeared as a witness, or has given any evidence, in any proceeding under this Act, shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [36/2010]


document_id: ira-1960
provision_ref: s81
chapter: PART 9 - MISCELLANEOUS
section: 81
title: Leave on trade union business
content:
81. —(1) An employee intending to carry out his duties or to exercise his rights as an officer of a trade union shall apply in writing to his employer for leave of absence stating the duration of and the purposes for which the leave is applied for. (2) The employer shall grant the application for leave if the duration of the leave applied for is for a period that is not longer than what is reasonably required for the purposes stated in the application. (3) An employee shall not be entitled to leave with pay for the duration of his absence if the purposes for which he is absent from work are not to represent the members of his trade union in relation to industrial matters concerning his employer.


document_id: ira-1960
provision_ref: s82
chapter: PART 9 - MISCELLANEOUS
section: 82
title: Injuring employee on account of industrial action
content:
82. —(1) An employer shall not dismiss or threaten to dismiss an employee or injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice, by reason of the circumstance that the employee — ( a ) is, or proposes to become, an officer or member of a trade union or an association that has applied to be registered as a trade union; ( b ) is entitled to the benefit of a collective agreement or an award; ( c ) has appeared or proposes to appear as a witness, or has given or proposes to give any evidence, in any proceedings under this Act; ( d ) being a member of a trade union which is seeking to improve working conditions, is dissatisfied with such working conditions; ( e ) is a member of a trade union which has served a notice under section 18 or which is a party to negotiations under this Act or to a trade dispute which has been notified to the Registrar in accordance with Part 3; ( f ) has absented himself from work without leave for the purpose of carrying out his duties or exercising his rights as an officer of a trade union where he applied for leave in accordance with section 81 before he absented himself and leave was unreasonably deferred or withheld; or ( g ) being a member of a panel appointed under section 6, has absented himself from work for the purpose of performing his functions and duties as a member of a Court and has notified the employer before he absented himself. (2) An employer who contravenes any provision of subsection (1) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [36/2010] (3) Where an employer has been convicted of an offence punishable under subsection (2), the Court by which the employer is convicted may order that the employer pay to the employee the amount of any wages lost by him and also direct the employer to reinstate the employee in his former position or a similar position. (4) Where an amount ordered to be paid under subsection (3) is not paid in accordance with the order, the amount or so much thereof as remains unpaid shall be recoverable as if it were a fine and the amount so recovered shall be paid to the employee entitled under the order. (5) An employer who fails to comply with a direction given under subsection (3) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [36/2010] (6) Nothing in this section shall be construed as prohibiting a Court from inquiring into the dismissal or the reinstatement of an employee who has been allegedly dismissed in contravention of this section before any proceedings have commenced in a District Court.


document_id: ira-1960
provision_ref: s83
chapter: PART 9 - MISCELLANEOUS
section: 83
title: Injuring employer on account of industrial action
content:
83. An employee who ceases work in the service of his employer by reason of the circumstance that the employer — ( a ) is an officer or member of a trade union or of an association that has applied for registration as a trade union; ( b ) is entitled to the benefit of a collective agreement or an award; or ( c ) has appeared as a witness, or has given any evidence, in a proceeding under this Act, shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a penalty not exceeding $1,000. [36/2010]


document_id: ira-1960
provision_ref: s84
chapter: PART 9 - MISCELLANEOUS
section: 84
title: Onus of proof and prosecution
content:
84. —(1) In any proceedings for an offence under section 77I, 77J, 82 or 83 if all the facts and circumstances constituting the offence, other than the reason for the defendant’s action, are proved, the onus shall be on the defendant to prove that he was not actuated by the reason alleged in the charge. [Act 30 of 2024 wef 01/01/2025] (2) No prosecution shall be instituted in respect of an offence under section 77I, 77J, 79, 82 or 83 without the previous written consent of the Public Prosecutor. [Act 30 of 2024 wef 01/01/2025] (3) The Commissioner may authorise in writing any public officer to investigate complaints in respect of offences under this Act. (4) A public officer making an investigation under this section may, by order in writing, require the attendance before himself of any person being within the limits of Singapore who from the information given or otherwise appears to be acquainted with the circumstances of the case and such person shall attend as so required. (5) If any such person fails to attend as required under subsection (4), such public officer may report the failure to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of that person as required by such order. (6) A public officer making an investigation under this section may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined. (7) A person examined under subsection (6) shall be bound to state truly the facts and circumstances with which he is acquainted concerning the case except only that he may decline to make with regard to any fact or circumstance a statement which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (8) A statement made by any person under this section shall be read over to him and shall, after correction if necessary, be signed by him.


document_id: ira-1960
provision_ref: s85
chapter: PART 9 - MISCELLANEOUS
section: 85
title: Penalties for offences for which no express penalty provided
content:
85. Any person guilty of an offence under this Act for which no express penalty is provided shall be liable on conviction by a Magistrate’s Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [36/2010]


document_id: ira-1960
provision_ref: s86
chapter: PART 9 - MISCELLANEOUS
section: 86
title: Annual reports
content:
86. The president shall, once in each year, furnish to the Minister for presentation to Parliament a report on the working of the provisions of this Act relating to the Courts, to arbitration and to the registration of collective agreements and of any other provision of this Act in relation to which he considers it appropriate to report, and in particular the extent to which the objects of this Act have been achieved and any considerations or circumstances which have prevented or hindered the achievement of those objects.


document_id: ira-1960
provision_ref: s87
chapter: PART 9 - MISCELLANEOUS
section: 87
title: Regulations
content:
87. —(1) The Minister may make regulations generally for carrying out the provisions of this Act and in particular providing for all matters stated or required by this Act to be prescribed and for prescribing penalties for any contravention of any provision of any regulations made under this section, but so that no such penalty shall exceed $5,000. [36/2010] (2) Without prejudice to the generality of subsection (1), the Minister may make regulations to provide for the manner in which a trade union of employees may obtain recognition from an employer, or a platform work association of platform workers may obtain recognition from a platform operator, and for matters incidental thereto. [Act 30 of 2024 wef 01/01/2025] (3) All regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette . (4) If a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the regulations are so presented annulling the regulations or any part thereof as from a specified date, the regulations or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new regulations.


document_id: ira-1960
provision_ref: s88
chapter: PART 9 - MISCELLANEOUS
section: 88
title: Power to compound offences
content:
88. The Commissioner may, in his discretion, compound such offence under this Act as may be prescribed as being an offence which may be compounded by accepting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000. [36/2010]


document_id: irasa-1992
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “authorised investigating officer” means an officer or employee authorised under section 9(4) to investigate offences under Part 5A; [Act 11 of 2024 wef 01/11/2024] “Authority” means the Inland Revenue Authority of Singapore established under section 3; “Chairperson” means the Chairperson of the Authority and includes any temporary Chairperson of the Authority; “chief executive officer” means the chief executive officer of the Authority and includes any person acting in that capacity; “Deputy Chairperson” means the Deputy Chairperson of the Authority and includes any temporary Deputy Chairperson of the Authority; “electronic service” means the system established under section 29; [Act 11 of 2024 wef 01/11/2024] “member” means a member of the Authority; [Act 11 of 2024 wef 01/11/2024] “Scheduled public scheme” means a scheme, introduced by the Government or a statutory body pursuant to which any money, credit, rebate or other grant is to be given, and that is specified in the Second Schedule; [Act 11 of 2024 wef 01/11/2024] “specially authorised officer” means an authorised investigating officer further authorised under section 9(5) to exercise the powers mentioned in that provision. [Act 11 of 2024 wef 01/11/2024]


document_id: irasa-1992
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION
section: 3
title: Establishment and incorporation of Inland Revenue Authority of Singapore
content:
3. A body called the Inland Revenue Authority of Singapore 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: irasa-1992
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION
section: 4
title: Common seal
content:
4. —(1) All deeds and other documents requiring the seal of the Authority must be — ( a ) sealed with the common seal of the Authority; and ( b ) signed by any 2 members generally or specially authorised by the Authority for the purpose or by one member and the chief executive officer. (2) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Authority affixed to any document and presume that it was duly affixed.


document_id: irasa-1992
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION
section: 5
title: Constitution of Authority
content:
5. —(1) The Authority consists of — ( a ) a Chairperson; and ( b ) not less than 5 and not more than 10 other members as the Minister may determine. (2) The First Schedule has effect with respect to the Authority, its members and proceedings.


document_id: irasa-1992
provision_ref: s6
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 6
title: Functions of Authority
content:
6. —(1) The functions of the Authority are — ( a ) to act as agent of the Government and provide service in administering, assessing, collecting and enforcing payment of income tax, property tax, estate duty, stamp duties, gambling duties and such other taxes as agreed between the Government and the Authority; [Act 1 of 2022 wef 29/07/2022] ( b ) to advise the Government on matters relating to taxation and to liaise with the appropriate Ministries and statutory bodies on such matters; ( c ) to represent Singapore internationally in respect of matters relating to taxation; ( d ) to provide service in respect of the granting of licences or permits by the Comptroller of Property Tax or the Commissioner of Estate Duties under any written law; ( e ) to provide service and advice to the Government and statutory bodies in respect of matters relating to the valuation of immovable properties; [Act 11 of 2024 wef 01/11/2024] ( ea ) to administer a Scheduled public scheme for and on behalf of the Government or a statutory body; and [Act 11 of 2024 wef 01/11/2024] ( f ) to perform such other functions as are conferred on the Authority by any other written law. (2) In addition to the functions imposed by this section, the Authority may undertake such other functions as the Minister may assign to the Authority and in so doing — ( a ) the Authority is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Authority in respect of such functions.


document_id: irasa-1992
provision_ref: s7
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 7
title: Powers of Authority
content:
7. —(1) The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting subsection (1), the powers of the Authority include power — ( a ) to enter into contracts; ( b ) to form or participate in the formation of a company; ( c ) to utilise all property of the Authority, movable and immovable, in such manner as the Authority may think expedient, including the raising of loans by mortgaging such property; ( d ) to engage in any activity, either alone or in conjunction with other organisations or international agencies, to promote better understanding of taxation; ( e ) to provide technical advice or assistance, including training facilities, to tax authorities of other countries; ( f ) to make charges for services rendered by the Authority; ( g ) to grant loans to employees of the Authority for any purpose specifically approved by the Authority; ( h ) to provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of employees of the Authority; ( i ) to provide training for employees of the Authority and to award scholarships or otherwise pay for such training; and ( j ) to do anything incidental to any of its powers.


document_id: irasa-1992
provision_ref: s7A
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 7A
title: Directions by Minister
content:
7A. The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018]


document_id: irasa-1992
provision_ref: s8
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 8
title: Appointment of committees and delegation of powers
content:
8. —(1) The Authority may appoint from among its own members or other persons who are not members of the Authority any number of committees that it thinks fit consisting of members or other persons or members and other persons for purposes which, in the opinion of the Authority, would be better regulated and managed by means of those committees. (2) The Authority may, subject to any conditions or restrictions that it thinks fit, delegate to any such committee or to any member, officer or employee of the Authority, any of the functions or powers of the Authority under this Act. [5/2018]


document_id: irasa-1992
provision_ref: s9
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 9
title: Chief executive officer, officers and employees, etc.
content:
9. —(1) There must be a chief executive officer of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018] (4) The Authority may, by notification, authorise any officer or employee mentioned in subsection (3) to perform or assist in the performance of any duty imposed on the Authority under this Act. [Act 11 of 2024 wef 01/11/2024] (5) The Authority may further authorise an authorised investigating officer to exercise any power in section 17H(2), (3), (4) or (5), 17I, 17J, 17K or 17L. [Act 11 of 2024 wef 01/11/2024]


document_id: irasa-1992
provision_ref: s10
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 10
title: Protection from personal liability
content:
10. No suit or other legal proceedings shall lie personally against any member, officer or employee of the Authority or other person acting under the direction of the Authority for anything which is in good faith done or intended to be done in the execution or purported execution of this Act. 11. [ Repealed by Act 5 of 2018 ]


document_id: irasa-1992
provision_ref: s12
chapter: PART 5 - FINANCIAL PROVISIONS
section: 12
title: Funds of Authority
content:
12. The funds of the Authority consist of — ( a ) all moneys received by the Authority for services rendered by the Authority to the Government as its agent or for services rendered by the Authority to any person; ( b ) all moneys received by the Authority by way of grants; ( c ) all moneys derived from the disposal, lease or hire of, or any other dealing with, any property vested in or acquired by the Authority; ( d ) all moneys derived as income from investment by the Authority; ( e ) all moneys borrowed by the Authority under this Act; and ( f ) all other moneys lawfully received by the Authority for the purposes of the Authority.


document_id: irasa-1992
provision_ref: s13
chapter: PART 5 - FINANCIAL PROVISIONS
section: 13
title: Power to borrow
content:
13. —(1) For the discharge of its functions or duties under this Act or any other written law, the Authority 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 Authority or on any other revenue receivable by the Authority 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 Authority for the purchase of goods or services.


document_id: irasa-1992
provision_ref: s13A
chapter: PART 5 - FINANCIAL PROVISIONS
section: 13A
title: Issue of shares, etc.
content:
13A. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Authority under this Act; or ( b ) any capital injection or other investment by the Government in the Authority in accordance with any written law, the Authority must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: irasa-1992
provision_ref: s14
chapter: PART 5 - FINANCIAL PROVISIONS
section: 14
title: Grants
content:
14. For the purpose of enabling the Authority to carry out its functions under this Act, the Minister may make grants‑in‑aid to the Authority of such sums of moneys as the Minister may determine out of moneys to be provided by Parliament.


document_id: irasa-1992
provision_ref: s15
chapter: PART 5 - FINANCIAL PROVISIONS
section: 15
title: Bank accounts and application of revenue
content:
15. —(1) The Authority must open and maintain an account or accounts with such bank or banks as the Authority thinks fit; and every such account must be operated as far as practicable by cheque signed by such person or persons authorised to do so by the Authority. (2) The moneys of the Authority must be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payments that the Authority is authorised or required to make.


document_id: irasa-1992
provision_ref: s16
chapter: PART 5 - FINANCIAL PROVISIONS
section: 16
title: Power of investment
content:
16. The Authority may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: irasa-1992
provision_ref: s17
chapter: PART 5 - FINANCIAL PROVISIONS
section: 17
title: Financial year
content:
17. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year. [5/2018]


document_id: irasa-1992
provision_ref: s17A
chapter: PART 5A - SCHEDULED PUBLIC SCHEMES
section: 17A
title: Application of this Division
content:
17A. This Division applies when a person (called in this Division the recipient) has been given any amount of money, credit, rebate or other grant under a Scheduled public scheme (called in this Division the wrongly given grant), whether before, on or after the date of commencement of section 5 of the Inland Revenue Authority of Singapore (Amendment) Act 2024, to which the recipient is not entitled under the terms of the Scheduled public scheme. [Act 11 of 2024 wef 01/11/2024]


document_id: irasa-1992
provision_ref: s17B
chapter: PART 5A - SCHEDULED PUBLIC SCHEMES
section: 17B
title: Recovery of wrongly given grants
content:
17B. The Authority may recover from the recipient an amount equal in value to the wrongly given grant (called in this Division the claim amount) as a debt due to the Government. [Act 11 of 2024 wef 01/11/2024]


document_id: irasa-1992
provision_ref: s17C
chapter: PART 5A - SCHEDULED PUBLIC SCHEMES
section: 17C
title: Notices for payment of claim amounts
content:
17C. The Authority may at any time give written notice to the recipient to pay the claim amount to the Authority, in the manner specified in the notice and within 30 days after the date of service of the notice or any later time that the Authority may allow in a particular case (called in this Division the payment period). [Act 11 of 2024 wef 01/11/2024]


document_id: irasa-1992
provision_ref: s17D
chapter: PART 5A - SCHEDULED PUBLIC SCHEMES
section: 17D
title: Interest for failure to pay claim amount
content:
17D. If any part of the claim amount is not paid by the recipient within the payment period, the recipient must pay to the Authority, in addition to the amount not paid, interest at the prescribed rate on the outstanding claim amount calculated on a daily basis from the end of the payment period to the date the claim amount is paid to the Authority in full (called in this Division the interest). [Act 11 of 2024 wef 01/11/2024]


document_id: irasa-1992
provision_ref: s17E
chapter: PART 5A - SCHEDULED PUBLIC SCHEMES
section: 17E
title: Remission or refund of claim amount and interest
content:
17E. The Authority may remit or refund the whole or any part of the claim amount or interest. [Act 11 of 2024 wef 01/11/2024] Division 2 &#x2014; Offences


document_id: irasa-1992
provision_ref: s17F
chapter: PART 5A - SCHEDULED PUBLIC SCHEMES
section: 17F
title:
Penalty for giving false or misleading information for obtaining grant, etc., under Scheduled public schemes

content:
17F. —(1) A person commits an offence if, for the purposes of obtaining, or assisting another person to obtain, any money, credit, rebate or other grant under a Scheduled public scheme, the person — ( a ) gives to a public agency any information that is false or misleading in any material particular; or ( b ) omits from any application, form or other document given to a public agency any material particular. (2) Any person who is guilty of an offence under subsection (1) shall on conviction pay a penalty equal to the amount of the money, credit, rebate or other grant — ( a ) that is given to the person or the other person (as the case may be) (each called X ) under the Scheduled public scheme as a result of the offence, and to which X is not entitled; or ( b ) that would have been given to X under the Scheduled public scheme had the offence not been detected, and to which X is not entitled. (3) A person commits an offence if, for the purposes of obtaining, or assisting another person to obtain, any money, credit, rebate or other grant under a Scheduled public scheme, the person, without reasonable excuse or through negligence — ( a ) gives to a public agency any information that is false or misleading in any material particular; or ( b ) omits from any application, form or other document given to a public agency any material particular. (4) Any person who is guilty of an offence under subsection (3) shall on conviction — ( a ) pay a penalty equal to double the amount of the money, credit, rebate or other grant — (i) that is given to the person or the other person (as the case may be) (each called X ) under the Scheduled public scheme as a result of the offence, and to which X is not entitled; or (ii) that would have been given to X under the Scheduled public scheme had the offence not been detected, and to which X is not entitled; and ( b ) be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (5) A person commits an offence if the person, wilfully with intent to obtain, or to assist another person to obtain, any money, credit, rebate or other grant under a Scheduled public scheme — ( a ) gives to a public agency any information that is false or misleading in any material particular; or ( b ) omits from any application, form or other document given to a public agency any material particular. (6) Any person who is guilty of an offence under subsection (5) shall on conviction — ( a ) pay a penalty equal to 3 times the amount of the money, credit, rebate or other grant — (i) that is given to the person or the other person (as the case may be) (each called X ) under the Scheduled public scheme as a result of the offence, and to which X is not entitled; or (ii) that would have been given to X under the Scheduled public scheme had the offence not been detected, and to which X is not entitled; and ( b ) be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (7) In this section, “public agency” means — ( a ) an Organ of State or a ministry or department of the Government; ( b ) a public officer; ( c ) a public authority established by or under any public Act for a public purpose (other than a Town Council); or ( d ) a member, an officer or an employee, or any department, of such a public authority. [Act 11 of 2024 wef 01/11/2024] Division 3 &#x2014; Powers of enforcement


document_id: irasa-1992
provision_ref: s17G
chapter: PART 5A - SCHEDULED PUBLIC SCHEMES
section: 17G
title: Authority may require documents and information
content:
17G. —(1) The Authority may, for the purposes of administering any Scheduled public scheme, give written notice to any person to give to the Authority, within a reasonable time specified in the notice, any documents or information as to any person’s entitlement to be given any money, credit, rebate or other grant under the Scheduled public scheme. (2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) 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. [Act 11 of 2024 wef 01/11/2024]


document_id: irasa-1992
provision_ref: s17H
chapter: PART 5A - SCHEDULED PUBLIC SCHEMES
section: 17H
title: Power to obtain information
content:
17H. —(1) Whenever the chief executive officer or an authorised investigating officer has reasonable cause to suspect that a person (called in this section the relevant person) is committing or has committed an arrestable offence under this Part, the chief executive officer or authorised investigating officer — ( a ) has at all times full and free access to all buildings and places at which the relevant person is suspected of committing or having committed the arrestable offence; ( b ) has at all times full and free access to the documents, computers, computer programs and computer software (whether installed in a computer or otherwise) that are suspected of being used or having been used in connection with, or containing or having contained evidence relating to, the arrestable offence; ( c ) has access to any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained in or available to such computers into readable and comprehensive format or text; ( d ) is entitled — (i) to inspect, copy or make extracts from any such document, computer, computer program, computer software or computer output without fee or reward; and (ii) at any reasonable time to inspect and check the operation of any computer, device, apparatus or material that is suspected of being used or having been used in connection with the arrestable offence; ( e ) may take possession of any such document, computer, device, apparatus, material, computer program or computer software if in his or her opinion — (i) the inspection, checking, copying or extraction cannot reasonably be performed without taking possession; (ii) any such items may be interfered with or destroyed unless possession is taken; or (iii) any such items may be required as evidence in proceedings for an offence under this Part; ( f ) is entitled to require — (i) the person by whom or on whose behalf the computer is or has been used, or any person having charge of, or otherwise concerned with the operation of the computer, device, apparatus or material to provide the chief executive officer or authorised investigating officer with any reasonable assistance that the chief executive officer or authorised investigating officer may require for the investigation of the arrestable offence; and (ii) any person in possession of decryption information to grant the chief executive officer or authorised investigating officer access to any decryption information necessary to decrypt data required for the investigation of the arrestable offence; and ( g ) is entitled to require a person in or at the building or place, and who appears to the chief executive officer or authorised investigating officer to be acquainted with any facts or circumstances that are relevant to the investigation of the arrestable offence, to do one or both of the following: (i) answer any question to the best of the person’s knowledge, information and belief; (ii) take reasonable steps to produce a document for inspection. (2) Subject to subsection (3), the chief executive officer or a specially authorised officer may, for the purpose of investigating an arrestable offence under this Part, break open any outer or inner door or window, or use any other reasonable means, to gain entry to a building or place. (3) The chief executive officer or specially authorised officer may only exercise the power under subsection (2) if — ( a ) he or she has reason to believe that there is in that building or place any document or thing that may be, or that contains information that may be — (i) relevant to the investigation of the arrestable offence; or (ii) required as evidence in proceedings for the arrestable offence being investigated; ( b ) he or she has reason to believe that the document or thing is likely to be concealed, removed or destroyed, or the information is likely to be deleted, by any person; and ( c ) he or she is unable to gain entry to that building or place after stating his or her authority and purpose and demanding such entry. (4) To avoid doubt, the chief executive officer or a specially authorised officer who has gained entry to a building or place by exercising his or her power under subsection (2) for the purpose of investigating an arrestable offence under this Part may exercise any of his or her powers under subsection (1) after such entry for the purpose of that investigation. (5) The chief executive officer or a specially authorised officer may, after gaining entry to a building or place under subsection (1) or (2) for the purpose of investigating an arrestable offence under this Part, search or cause to be searched a person found in the building or place for any document or thing which may be relevant to the investigation of the arrestable offence, or is required as evidence in proceedings for that arrestable offence. (6) A woman must not be searched except by a woman. (7) A person is not obliged under this section to disclose (including through the production of a document) — ( a ) any information that the person is under any statutory obligation (other than sections 128, 128A, 129 and 131 of the Evidence Act 1893) to observe secrecy; or ( b ) any information subject to legal privilege. (8) The chief executive officer or an authorised investigating officer may by written notice given to a person, require the person to give — ( a ) orally or in writing; or ( b ) with the prior written consent of the person, through the electronic service, a document or any information that is relevant to an investigation of, or the prosecution of a person for, an offence under this Part. (9) The time for compliance with a written notice under subsection (8) is 21 days after the date of service of the notice or any other period that the chief executive officer or authorised investigating officer considers appropriate. (10) The chief executive officer or an authorised investigating officer may by written notice require any person to attend personally before the chief executive officer or authorised investigating officer, at the place and time specified in the notice, to do one or both of the following: ( a ) provide, to the best of that person’s knowledge, information and belief, any information that is relevant to an investigation of, or the prosecution of a person for, an offence under this Part; ( b ) take reasonable steps to produce for inspection any document that contains such information. (11) The power to require a person to provide information or produce a document under subsection (1)( g ) or (8), or when in attendance before the chief executive officer or an authorised investigating officer pursuant to a written notice under subsection (10), includes the power — ( a ) to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the information or document; ( b ) if the information is not provided or the document is not produced, to require that person to state, to the best of the person’s knowledge and belief, where it is; ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the chief executive officer or authorised investigating officer (as the case may be) in legible form; and ( d ) in the case of a document, to inspect, copy or make extracts from the document without fee or reward, and to take possession of the document if, in the chief executive officer’s or authorised investigating officer’s opinion — (i) the inspection, copying or extraction cannot reasonably be performed without taking possession of the document; (ii) the document may be interfered with or destroyed unless possession of the document is taken; or (iii) the document may be required as evidence in proceedings for an offence under this Part. (12) A statement made by any person asked under subsection (1)( g )(i), or when in attendance before the chief executive officer or an authorised investigating officer pursuant to a written notice under subsection (10), must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted for the person in a language that the person understands; and ( d ) be signed by the person. (13) Any person who, without reasonable excuse, contravenes any notice or requirement of the chief executive officer or an authorised investigating officer under this section 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; and ( b ) 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. (14) The generality of the term “reasonable excuse” in subsection (13) is not affected by subsection (7). (15) Any person who, without reasonable excuse, hinders or obstructs the chief executive officer or an authorised investigating officer in the performance or execution of his or her duties or of anything that he or she is empowered or required to do under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (16) Except as provided under subsection (7), it is not a defence to a charge under subsection (13) for a failure to provide any information or produce any document under any notice or requirement under this section, that the person is under a duty of secrecy in respect of that information or the contents of that document (called in this section a displaced duty of secrecy). (17) A person who in good faith complies with any notice or requirement under this section is not treated as being in breach of a displaced duty of secrecy. (18) No civil or criminal action for a breach of a displaced duty of secrecy, other than a criminal action for an offence under subsection (19), lies against the person mentioned in subsection (17) — ( a ) for producing any document or providing any information if the person had done so in good faith in compliance with the notice or requirement under this section; or ( b ) for doing or omitting to do any act if the person had done or omitted to do the act in good faith and as a result of complying with the notice or requirement under this section. (19) Any person who, in purported compliance with a notice or requirement of the chief executive officer or an authorised investigating officer under this section, produces any document which contains any information, or provides any information, known to the person to be false or misleading in a material particular — ( a ) without indicating to the chief executive officer or the authorised investigating officer that the information is false or misleading and the part that is false or misleading; and ( b ) without providing correct information to the chief executive officer or the authorised investigating officer if the person is in possession of, or can reasonably acquire, the correct information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (20) In this section — “advocate and solicitor” means an advocate and solicitor within the meaning of the Legal Profession Act 1966; “arrestable offence” means an offence for which the chief executive officer or a specially authorised officer may ordinarily arrest without warrant under section 17I(1); “computer” and “computer output” have the meanings given by section 2(1) of the Computer Misuse Act 1993; “document” includes, in addition to a document in writing — ( a ) any map, plan, graph or drawing; ( b ) any photograph; ( c ) any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means; ( d ) any disc, tape, soundtrack


