# legal_provisions

document_id: tsmrma-2017
provision_ref: s3
section: 3
title: Application
content:
3. This Act does not apply to the following activities: ( a ) the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law; ( b ) the activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.


document_id: tsmrma-2017
provision_ref: s4
section: 4
title: Possessing radioactive material or Convention device
content:
4. A person shall be guilty of an offence, and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment, if — ( a ) the person, intentionally and without lawful authority, possesses any radioactive material or Convention device; and ( b ) the person intends that the radioactive material or Convention device be used to cause — (i) the death of, or serious bodily injury to, any individual; or (ii) substantial damage to property or to the environment.


document_id: tsmrma-2017
provision_ref: s5
section: 5
title: Making Convention device
content:
5. A person shall be guilty of an offence, and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment, if — ( a ) the person, intentionally and without lawful authority, makes any Convention device; and ( b ) the person intends that the Convention device be used to cause — (i) the death of, or serious bodily injury to, any individual; or (ii) substantial damage to property or to the environment.


document_id: tsmrma-2017
provision_ref: s6
section: 6
title: Using radioactive material or Convention device
content:
6. —(1) A person shall be guilty of an offence if — ( a ) the person, intentionally and without lawful authority, uses in any way any radioactive material or Convention device; and ( b ) the person intends the use of the radioactive material or Convention device — (i) to cause the death of, or serious bodily injury to, any individual; (ii) to cause substantial damage to property or to the environment; or (iii) to compel any other person, or any international organisation or government, to do or refrain from doing any act. (2) A person guilty of an offence under subsection (1) shall on conviction — ( a ) in any case where the person intends the use of the radioactive material or Convention device to cause the death of any individual, and death is caused — be subject to the same punishment as an act under section 300( a ) of the Penal Code 1871; or ( b ) in any other case — be punished with imprisonment for life.


document_id: tsmrma-2017
provision_ref: s7
section: 7
title: Using or damaging nuclear facility
content:
7. —(1) A person shall be guilty of an offence if — ( a ) the person, intentionally and without lawful authority, uses or damages a nuclear facility in a manner that causes, or creates a risk of, the release of radioactive material; and ( b ) the person intends the use of, or damage to, the nuclear facility — (i) to cause the death of, or serious bodily injury to, any individual; (ii) to cause substantial damage to property or to the environment; or (iii) to compel any other person, or any international organisation or government, to do or refrain from doing any act. (2) A person guilty of an offence under subsection (1) shall on conviction — ( a ) in any case where the person intends the use of, or damage to, the nuclear facility to cause the death of any individual, and death is caused — be subject to the same punishment as an act under section 300( a ) of the Penal Code 1871; or ( b ) in any other case — be punished with imprisonment for life.


document_id: tsmrma-2017
provision_ref: s8
section: 8
title: Threatening to do act that would be offence under section 6 or 7
content:
8. Any person who threatens to do any act that would be an offence under section 6 or 7 shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years.


document_id: tsmrma-2017
provision_ref: s9
section: 9
title: Demands relating to radioactive material, Convention device or nuclear facility
content:
9. A person (called in this section the offender) shall be guilty of an offence, and shall be liable on conviction to imprisonment for a term not exceeding 10 years, if — ( a ) the offender, intentionally and without lawful authority, demands that another person — (i) make available to the offender, or to any other person, any radioactive material, Convention device or nuclear facility; or (ii) give the offender, or any other person, access to any radioactive material, Convention device or nuclear facility; and ( b ) the demand is made or accompanied by the use of force or by threats of any kind.


document_id: tsmrma-2017
provision_ref: s10
section: 10
title: Attempting to commit offence under section 4, 5, 6 or 7
content:
10. Any person who attempts to commit an offence under section 4, 5, 6 or 7, or attempts to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 15 years.


document_id: tsmrma-2017
provision_ref: s11
section: 11
title: Extraterritoriality
content:
11. Any person who, outside Singapore, commits an act that, if committed in Singapore, would constitute a nuclear terrorism offence is deemed to commit the act in Singapore and may be proceeded against, charged, tried and punished accordingly.


document_id: tsmrma-2017
provision_ref: s12
section: 12
title: Assistance under Mutual Assistance in Criminal Matters Act 2000
content:
12. —(1) For the purposes of the provision of assistance under Part 3 of the Mutual Assistance in Criminal Matters Act 2000 to a Convention country for a criminal matter involving a relevant offence of that country, the relevant offence is deemed not to be an offence of a political character. (2) In this section — “criminal matter” has the meaning given by section 2(1) of the Mutual Assistance in Criminal Matters Act 2000; “relevant offence”, in relation to a Convention country, means an offence against the law of that country that consists of or includes conduct which, if the conduct occurred in Singapore, would constitute a nuclear terrorism offence.


document_id: tsmrma-2017
provision_ref: s13
section: 13
title: Extradition
content:
13. —(1) Every nuclear terrorism offence is deemed to be an extradition offence 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 term “extradition offence”, in relation to a Convention country that is a declared Commonwealth territory, is deemed to include a relevant offence. [Act 17 of 2022 wef 01/07/2022] (3) Where no extradition treaty is in force between Singapore and a Convention country that is not a declared Commonwealth territory — ( a ) 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 Convention country; but ( b ) subject to subsection (4), where the Extradition Act 1968 is applied under paragraph ( a ), that Act has effect in relation to that Convention 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] [Act 17 of 2022 wef 01/07/2022] (4) Subsection (3) does not affect any other notification made under section 4 of the Extradition Act 1968. (5) Where — ( a ) an extradition treaty is in force between Singapore and a Convention country; and ( b ) the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act in relation to that country as if the treaty provided for the matter mentioned in paragraph ( b ). (6) Where a notification mentioned in subsection (5) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968, or in any Order in Council mentioned in section 3 of that Act, in relation to the Convention country mentioned in subsection (5), to the extent that the limitation, condition, exception or qualification prevents the relevant offence from being considered an extradition offence in relation to that country, is to be disregarded in the application of that Act in relation to that country. [Act 17 of 2022 wef 01/07/2022] (7) For the purposes of the Extradition Act 1968 — ( a ) any act, wherever committed, is deemed to be an offence within the jurisdiction of a Convention country that is a declared Commonwealth territory, if that act is a relevant offence of that Convention country; [Act 17 of 2022 wef 01/07/2022] ( b ) any act, wherever committed, is deemed to be an offence within the jurisdiction of a Convention country that is not a declared Commonwealth territory, and in relation to which the Extradition Act 1968 has been applied by a notification in the Gazette under section 4 of that Act, if that act is a relevant offence of that Convention country; and [Act 17 of 2022 wef 01/07/2022] ( c ) any such offence is deemed not to be an offence of a political character. (8) In this section — “declared Commonwealth territory” has the meaning given by section 2(1) of 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 would, if it took place in Singapore — ( a ) constitute a nuclear terrorism offence; or ( b ) be a nuclear terrorism offence if the description of the offence 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: tsmrma-2017
provision_ref: s14
section: 14
title: No prosecution without Public Prosecutor’s consent
content:
14. A prosecution under this Act must not be instituted except by or with the consent of the Public Prosecutor.


document_id: tua-1940
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “combined federation” means a federation comprising 2 or more trade unions and one or more platform work associations; [Act 30 of 2024 wef 01/01/2025] “delegate” means — ( a ) in relation to a trade union which is not a federation, a person who is elected or appointed in accordance with the rules of the trade union to attend and vote at a meeting of the trade union on behalf of any number of members of the trade union; or ( b ) in relation to a federation, a person elected or appointed in accordance with the rules of the federation to attend and vote at a meeting of the federation on behalf of any of the constituent trade unions or, in the case of a combined federation, any constituent trade union or constituent platform work association of the federation; [Act 30 of 2024 wef 01/01/2025] “employer” includes the Government in respect of such employees or of such categories, classes or descriptions of such employees as from time to time are declared by the President by notification in the Gazette to be deemed to be workmen for the purposes of this Act; “executive” means the body, by whatever name called, to which the management of the affairs of a trade union or of any branch thereof is entrusted; “executive employee”, in relation to an employer, means an employee who is employed in a managerial or an executive position by the employer; “federation” means a federation of 2 or more trade unions, and includes a combined federation; [Act 30 of 2024 wef 01/01/2025] “lockout” means the closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment; “non‑executive employee”, in relation to an employer, means an employee other than an executive employee; “officer”, in relation to a trade union, includes any member of the executive thereof and any member of any committee, provision for which is made in the rules of the trade union, but does not include an auditor; “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” has the meaning given by section 19 of 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] “register” means the register of trade unions maintained by the Registrar under section 7; “registered office” means the office of a trade union which is registered under this Act as the head office of the trade union; “registered platform work association” means a platform work association registered under the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “registered trade union” means a trade union registered under this Act; “Registrar” means the person for the time being appointed by the Minister under section 3 by name or by office to be or to act as Registrar of Trade Unions, and includes any person appointed by the Minister under section 4 to be or to act as an Assistant Registrar of Trade Unions; “requisite consent” — ( a ) in relation to a trade union which is not a federation, means the consent, obtained by secret ballot, of — (i) the majority of the members of the trade union voting on their own behalf on the matter for which consent is sought; or (ii) where the rules of the trade union allow or require a decision on that matter to be taken by means of voting by delegates and the decision is taken using that means, two-thirds of the total number of delegates representing the members; or ( b ) in relation to a federation, means the consent, obtained by secret ballot, of two-thirds of the total number of delegates representing the constituent trade unions and, in the case of a combined federation, also the constituent platform work associations of the federation; [Act 30 of 2024 wef 01/01/2025] “strike” means the cessation of work by a body of workmen employed in any trade, industry or calling acting in combination, or a concerted refusal, or a refusal under a common understanding of any number of workmen who are or have been so employed to continue to work or to accept employment; “trade dispute” means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of work, of any person; “trade union” means any association or combination of workmen or employers, whether temporary or permanent, whose principal object is to regulate relations between workmen and employers for all or any of the following purposes: ( a ) to promote good industrial relations between workmen and employers; ( b ) to improve the working conditions of workmen or enhance their economic and social status; ( c ) to achieve the raising of productivity for the benefit of workmen, employers and the economy of Singapore, and includes any federation; “workman” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether the contract is for manual labour, clerical work or otherwise, is express or implied, oral or in writing. [1/2015]


document_id: tua-1940
provision_ref: s3
chapter: PART 2 - APPOINTMENT OF REGISTRAR AND OTHER OFFICERS
section: 3
title: Appointment of Registrar
content:
3. The Minister shall appoint a Registrar of Trade Unions who shall be responsible for the due performance of the duties and functions assigned to him as Registrar under this Act.


document_id: tua-1940
provision_ref: s4
chapter: PART 2 - APPOINTMENT OF REGISTRAR AND OTHER OFFICERS
section: 4
title: Appointment of Assistant Registrars and other officers
content:
4. The Minister may appoint one or more Assistant Registrars of Trade Unions and such other officers as may from time to time be required for the purposes of this Act.


document_id: tua-1940
provision_ref: s5
chapter: PART 2 - APPOINTMENT OF REGISTRAR AND OTHER OFFICERS
section: 5
title: All officers to be deemed to be public servants
content:
5. All officers appointed under sections 3 and 4 shall be deemed to be public servants for the purposes of the Penal Code 1871.


document_id: tua-1940
provision_ref: s6
chapter: PART 2 - APPOINTMENT OF REGISTRAR AND OTHER OFFICERS
section: 6
title: Protection of public servants
content:
6. No suit shall lie against any public servant for anything done or omitted to be done by him in good faith without negligence and in intended exercise of any power or performance of any duty provided or imposed by this Act.


document_id: tua-1940
provision_ref: s7
chapter: PART 3 - REGISTRATION
section: 7
title: Register of trade unions
content:
7. —(1) The Registrar shall keep and maintain a register of trade unions which shall contain such particulars of each registered trade union as may be prescribed. (2) The register may be kept in whole or in part in an electronic form. (3) The Registrar may require an officer or member of a registered trade union to produce such document or provide such information as the Registrar may require for the purposes of maintaining the register. (4) The Registrar may order the destruction of any document in the registry after the document has been microfilmed or converted to electronic form. (5) A certified copy of any entry in the register shall be conclusive proof of the facts specified therein as on the date of such certified copy.


document_id: tua-1940
provision_ref: s8
chapter: PART 3 - REGISTRATION
section: 8
title: Necessity for registration
content:
8. —(1) Every trade union shall apply to be registered under this Act within a period of one month reckoned from the date on which it is so established. (2) The Registrar may, if he thinks fit, from time to time, grant an extension of the period specified in subsection (1), provided that no such period shall, in any particular case, be so extended as to exceed a period of 6 months in the aggregate. (3) For the purposes of this Act, a trade union is established on the first date on which any workmen or employers agree to become or to create an association or combination for the furtherance of any one or more of the objects specified in the definition of a trade union in section 2. (4) For the purpose of prosecuting any trade union which fails to apply for registration in accordance with this section, the date of establishment of that trade union shall, in the absence of proof of the date referred to in subsection (3), be deemed to be — ( a ) the date on which any person is proved to have been accepted or admitted as a member of that trade union; or ( b ) the date on which any act is proved to have been done by that trade union in furtherance of any one or more of the objects specified in the definition of a trade union in section 2. (5) Where proof is available of both the dates referred to in subsection (4)( a ) and ( b ), the earlier of such dates shall be deemed so to be the date of the establishment of that trade union.


document_id: tua-1940
provision_ref: s9
chapter: PART 3 - REGISTRATION
section: 9
title: Application for registration
content:
9. —(1) Every application for registration of any association or combination of workmen or employers as a trade union shall be made to the Registrar in the prescribed form and shall be signed by at least 7 members of the trade union, any of whom may be officers thereof. (2) Every application shall be made in the prescribed form and shall be accompanied by — ( a ) the prescribed fee; ( b ) a copy of the rules of the trade union; and ( c ) a statement of the prescribed particulars of the members making the application and the officers of the trade union.


document_id: tua-1940
provision_ref: s10
chapter: PART 3 - REGISTRATION
section: 10
title: Registration
content:
10. —(1) If the Registrar is satisfied — ( a ) that a trade union applying for registration has complied with the provisions of this Act; ( b ) that the objects, rules and constitution of the trade union do not conflict with any of such provisions and are not unlawful and that such rules and constitution are not oppressive or unreasonable; ( c ) that the trade union is not likely to be used for unlawful purposes or for purposes inconsistent with its objects and rules; and ( d ) that, where the trade union is an association or combination of workmen in a particular trade, occupation or industry, it is not likely to be used against the interests of the workmen in that particular trade, occupation or industry, the Registrar may register the trade union in the prescribed manner. (1A) Where a federation applies for registration, the Registrar may register the federation if the Registrar is satisfied that, in addition to the matters in subsection (1), the federation is not likely to be used against the interests of — ( a ) the workmen in any trade, occupation or industry with which any constituent trade union is connected; and ( b ) in the case of a combined federation, also the platform workers providing any platform service with which any constituent platform work association is connected. [Act 30 of 2024 wef 01/01/2025] (2) Notwithstanding subsection (1) or (1A), if any one of the objects of a trade union is unlawful, the registration of the trade union shall be void. [Act 30 of 2024 wef 01/01/2025]


document_id: tua-1940
provision_ref: s11
chapter: PART 3 - REGISTRATION
section: 11
title: Certificate of registration
content:
11. The Registrar, on registering a trade union under section 10, shall issue to the trade union a certificate of registration in the prescribed form and that certificate, unless proved to have been cancelled or withdrawn, shall be conclusive evidence for all purposes that the trade union has been duly registered under this Act.


document_id: tua-1940
provision_ref: s12
chapter: PART 3 - REGISTRATION
section: 12
title: Power of Registrar to call for further particulars
content:
12. The Registrar may call for further information for the purpose of satisfying himself that any application complies with section 9 or that the trade union is entitled to registration under this Act.


document_id: tua-1940
provision_ref: s13
chapter: PART 3 - REGISTRATION
section: 13
title: Power of Registrar to require alteration of name
content:
13. —(1) If the name under which a trade union is proposed to be registered is identical with that by which any other existing trade union has been registered or, in the opinion of the Registrar, so nearly resembles that name as to be likely to deceive or mislead the public or the members of either trade union, the Registrar shall require the persons applying for registration to alter the name of the trade union stated in the application. (2) The Registrar shall refuse to register the trade union until the alteration has been made.


document_id: tua-1940
provision_ref: s14
chapter: PART 3 - REGISTRATION
section: 14
title: Refusal of registration
content:
14. —(1) The Registrar may refuse to register any trade union if he is — ( a ) not satisfied that the trade union has complied with the provisions of this Act; ( b ) of the opinion that any one of the objects or rules or the constitution of the trade union is unlawful or conflicts with any provision of this Act; ( c ) of the opinion that the constitution or any of the rules of the trade union is oppressive or unreasonable; ( d ) of the opinion that the trade union is likely to be used for unlawful purposes or purposes inconsistent with its objects and rules; ( e ) of the opinion, where the trade union is an association or combination of workmen in a particular trade, occupation or industry, that the trade union is likely to be used against the interests of the workmen in that particular trade, occupation or industry; or ( f ) satisfied, where the trade union is an association or combination of workmen in a particular trade, occupation or industry, that there is an existing trade union registered in respect of that particular trade, occupation or industry. [Act 30 of 2024 wef 01/01/2025] (2) In addition to subsection (1), the Registrar may refuse to register any federation if the Registrar — ( a ) is of the opinion that the federation is likely to be used against the interests of — (i) the workmen in any trade, occupation or industry with which any constituent trade union is connected; or (ii) where the applicant is a combined federation, the workmen mentioned in sub-paragraph (i) or the platform workers providing any platform service with which any constituent platform work association is connected or both; or ( b ) is satisfied that there is an existing federation registered that comprises — (i) one or more trade unions in respect of the workmen in a particular trade, occupation or industry with which any constituent trade union of the applicant is connected; or (ii) where the applicant is a combined federation, also one or more platform work associations in respect of the platform workers providing a particular platform service with which any constituent platform work association of the applicant is connected. [Act 30 of 2024 wef 01/01/2025]


document_id: tua-1940
provision_ref: s15
chapter: PART 3 - REGISTRATION
section: 15
title: Cancellation or withdrawal of registration
content:
15. —(1) A certificate of registration of a trade union may be withdrawn or cancelled by the Registrar — ( a ) at the request of the trade union upon its dissolution to be verified in such manner as the Registrar may require; ( b ) if he is satisfied — (i) that the certificate of registration was obtained by fraud or mistake; (ii) that any one of the objects or rules of the trade union is unlawful; (iii) that the constitution of the trade union or of its executive is unlawful; (iv) that the trade union is being used for any unlawful purpose or for any purpose inconsistent with its objects and rules; (v) that the trade union has rescinded any rule providing for any matter for which provision is required by section 38 or has wilfully and after notice from the Registrar — (A) contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with that provision; or (B) allowed any rule to continue in force which is in the opinion of the Registrar oppressive or unreasonable; (vi) that the funds of the trade union are expended in an unlawful manner or on an unlawful object or on an object not authorised by the rules of the trade union; or (vii) that the trade union has ceased to exist; ( c ) if he is satisfied in the case of a trade union of workmen in a particular trade, occupation or industry, that it is being used or is likely to be used against the interests of workmen in that particular trade, occupation or industry; or ( d ) if he is of the opinion in the case of a trade union of workmen in a particular trade, occupation or industry and having regard to the existence of another trade union or other trade unions of workmen in the same trade, occupation or industry that it is necessary in the interests of the workmen in that particular trade, occupation or industry, to cancel or withdraw the certificate of registration of the trade union. (1A) In addition to subsection (1), a certificate of registration of a federation may be cancelled or withdrawn by the Registrar if the Registrar — ( a ) is of the opinion that the federation is being used or is likely to be used against the interests of — (i) the workmen in any trade, occupation or industry with which any constituent trade union is connected; or (ii) in the case of a combined federation, the workmen mentioned in sub-paragraph (i) or the platform workers providing any platform service with which any constituent platform work association is connected or both; or ( b ) having regard to the matters in subsection (1B), is of the opinion that it is necessary in the interests of the persons mentioned in subsection (1B)( a )(i) or (ii) to cancel or withdraw the certificate of registration of the combined federation. [Act 30 of 2024 wef 01/01/2025] (1B) The matters mentioned in subsection (1A)( b ) are the following: ( a ) that a federation comprises — (i) one or more trade unions in respect of the workmen in a particular trade, occupation or industry; and (ii) in the case of a combined federation, also one or more platform work associations in respect of the platform workers providing a particular platform service; ( b ) the existence of any other federation which comprises — (i) one or more trade unions in respect of the workmen in the same trade, occupation or industry mentioned in paragraph ( a )(i); or (ii) in the case of a combined federation, also one or more platform work associations in respect of the platform workers providing the same platform service mentioned in paragraph ( a )(ii). [Act 30 of 2024 wef 01/01/2025] (2) Except in a case falling within subsection (1)( a ), not less than 2 months previous notice in writing specifying the ground on which it is proposed to withdraw or to cancel its certificate of registration shall be given by the Registrar to a trade union before the certificate is withdrawn or cancelled. (3) A trade union served with a notice under subsection (2) may, at any time within a period of 2 months reckoned from the date of the notice, show cause in writing against the proposal to withdraw or to cancel its certificate of registration, as the case may be. (4) If such cause under subsection (3) is shown, the Registrar may hold such inquiry as he may consider necessary in the circumstances. (5) The Registrar may, after the expiration of the period of 2 months referred to in subsection (3), withdraw or cancel the certificate of registration of any trade union which has failed duly to show cause under that subsection, or which, having so shown cause, has failed to satisfy him that its certificate of registration should not be withdrawn or cancelled, as the case may be. (6) An order made by the Registrar under this section withdrawing or cancelling the certificate of registration of any trade union — ( a ) shall be dated as of the date on which it was made; ( b ) shall specify briefly the grounds for the withdrawal or cancellation of the certificate of registration; and ( c ) shall immediately be served on the trade union.


document_id: tua-1940
provision_ref: s16
chapter: PART 3 - REGISTRATION
section: 16
title: Power to stop payment of money held by financial institution
content:
16. —(1) Where a notice has been given by the Registrar to a trade union under section 15(2), the Minister may, if he is satisfied that it is likely that the funds of the trade union may be misused, by notice in writing direct any financial institution not to pay or cause to be paid any money out of or honour any cheque drawn on the account of the trade union for a specified period not exceeding 3 months, except with the written authorisation of the Registrar. (2) Where an investigation is being conducted by a public authority regarding the improper use or misapplication of the funds of a trade union, the Minister may by notice in writing direct any financial institution not to pay or cause to be paid any money out of or honour any cheque drawn on the account of the trade union for a specified period not exceeding 3 months, except with the written authorisation of the Registrar. (3) A financial institution which complies with a notice of the Minister under subsection (1) or (2) shall be relieved of any liability to any other person in respect of the payment prohibited by the notice. (4) Any financial institution which fails to comply with a notice of the Minister under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both. (5) Where an offence under subsection (4) is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, secretary, manager, accountant, sub-accountant or other similar officer of a financial institution, or a person who was purporting to act in such capacity, he as well as the financial institution shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (6) In this section — “financial institution” means a bank, a finance company, or any co‑operative society carrying on the business of managing and investing funds; “public authority” means the Registrar, the Commissioner of Police, the Commissioner of Inland Revenue and the Director of the Corrupt Practices Investigation Bureau.


document_id: tua-1940
provision_ref: s17
chapter: PART 3 - REGISTRATION
section: 17
title: Appeal to Minister
content:
17. Any person aggrieved — ( a ) by the refusal of the Registrar to register a trade union; ( b ) by an order made by the Registrar under section 15; or ( c ) by the refusal of the Registrar to register a new rule or any alteration of any rule under section 38, may appeal against the refusal or order to the Minister at any time within a period of 30 days reckoned from the date of the refusal or order.


document_id: tua-1940
provision_ref: s18
chapter: PART 3 - REGISTRATION
section: 18
title: Procedure on appeal
content:
18. —(1) Any appeal to the Minister under section 17 shall be presented, considered and disposed of in such manner and in such form as may be prescribed. (2) It shall be competent for the Minister after considering any such appeal to — ( a ) confirm any refusal of registration or other order of the Registrar; ( b ) order the registration of any trade union; ( c ) order the registration of any new rule or alteration of any rule; ( d ) reverse any order made by the Registrar; or ( e ) make such order or give such direction as to the Minister seems just or necessary. (3) The decision of the Minister on an appeal under section 17 shall be final and shall not be called in question in any court.


document_id: tua-1940
provision_ref: s19
chapter: PART 3 - REGISTRATION
section: 19
title: Consequences of failure to register or of cancellation of registration
content:
19. If any trade union does not apply for registration in due time, or if the registration of any trade union is refused, withdrawn or cancelled, then — ( a ) the trade union shall be deemed to be an unlawful association and shall cease to enjoy any of the rights, immunities or privileges of a registered trade union, but without prejudice to any liabilities incurred or to be incurred by the trade union which may be enforced against the trade union and its assets; ( b ) the trade union shall not, nor shall any of its officers, members or agents on behalf of the trade union, take part in any trade dispute or promote, organise or finance any strike or lockout, or provide pay or other benefits for its members during a strike or lockout; ( c ) the trade union shall be dissolved; and ( d ) no person shall, except for the purpose of defending proceedings against the trade union or dissolving the trade union and disposing of its funds in accordance with the rules, take any part in its management or organisation, or act or purport to act on behalf of the trade union or as an officer of the trade union.


document_id: tua-1940
provision_ref: s20
chapter: PART 3 - REGISTRATION
section: 20
title: Consequences upon dissolution of trade union
content:
20. —(1) Upon the dissolution of a trade union under section 19 — ( a ) the property of the trade union shall immediately vest in the Official Receiver; and ( b ) the Official Receiver shall proceed to wind up the affairs of the trade union and after satisfying and providing for all debts and liabilities of the trade union and the costs of winding up shall pay the surplus assets, if any, of the trade union — (i) where the Minister so directs, into the Workers’ Fund as defined in the Work Injury Compensation Act 2019; or (ii) in the absence of a direction from the Minister, in accordance with the rules of the trade union. [5/2008; 27/2019] (2) Where no direction is given by the Minister under subsection (1)( b )(i) and the surplus assets or part thereof cannot be distributed in accordance with the rules of the trade union either because the members cannot be found, or no meeting of the members is possible or for any other good and sufficient reason, the surplus assets shall be paid into the Workers’ Fund. (3) For the purpose of winding up the affairs of the trade union, the Official Receiver shall have all the powers vested in the Official Receiver under the Insolvency, Restructuring and Dissolution Act 2018 for the purpose of discovery of the property of a debtor, the realisation thereof and the winding up of a company, and the provisions of that Act shall apply, with the necessary modifications, to the winding up of the affairs of a trade union under this Act. [40/2018]


document_id: tua-1940
provision_ref: s21
chapter: PART 4 - RIGHTS AND LIABILITIES OF TRADE UNIONS
section: 21
title: Disabilities of unregistered trade union
content:
21. A trade union shall not enjoy any of the rights, immunities or privileges of a registered trade union until it is registered.


document_id: tua-1940
provision_ref: s22
chapter: PART 4 - RIGHTS AND LIABILITIES OF TRADE UNIONS
section: 22
title: Immunity from civil suit in certain cases
content:
22. —(1) No suit or other legal proceedings shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute to which a member of the trade union is a party on the ground only that — ( a ) the act induces some other person to break a contract of employment; or ( b ) it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills. [Act 30 of 2024 wef 01/01/2025] (2) Subsection (1) does not apply to any registered trade union which is a combined federation. [Act 30 of 2024 wef 01/01/2025]


document_id: tua-1940
provision_ref: s23
chapter: PART 4 - RIGHTS AND LIABILITIES OF TRADE UNIONS
section: 23
title: Liability in tort
content:
23. —(1) A suit against a registered trade union or against any members or officers thereof on behalf of themselves and all other members of a trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union shall not be entertained by any court. (2) Nothing in this section shall affect the liability of a trade union or any officer thereof to be sued in any court touching or concerning the property or rights of a trade union except in respect of any tortious act committed by or on behalf of the trade union in contemplation or in furtherance of a trade dispute.


document_id: tua-1940
provision_ref: s24
chapter: PART 4 - RIGHTS AND LIABILITIES OF TRADE UNIONS
section: 24
title: Liability in contract
content:
24. —(1) Every registered trade union shall be liable on any contract entered into by it or by an agent acting on its behalf. (2) Notwithstanding subsection (1), a trade union shall not be so liable on any contract which is void or unenforceable at law.


document_id: tua-1940
provision_ref: s25
chapter: PART 4 - RIGHTS AND LIABILITIES OF TRADE UNIONS
section: 25
title: Objects in restraint of trade not unlawful in case of registered trade union
content:
25. The objects of a registered trade union shall not, by reason only that they are in restraint of trade, be deemed to be unlawful so as to render any member of that trade union liable to criminal prosecution for conspiracy or otherwise or to render void or voidable any agreement or trust.


document_id: tua-1940
provision_ref: s26
chapter: PART 4 - RIGHTS AND LIABILITIES OF TRADE UNIONS
section: 26
title: Proceedings by and against trade union
content:
26. —(1) A registered trade union may sue and be sued and be prosecuted under its registered name. (2) An unregistered trade union may be sued and prosecuted under the name by which it has been operating or is generally known. (3) A trade union whose registration has been cancelled or withdrawn may be sued and prosecuted under the name by which it was registered. (4) An enforcement order for any money recovered from a trade union in civil proceedings may issue against any property belonging to or held in trust for the trade union other than the benevolent fund of a registered trade union. [Act 25 of 2021 wef 01/04/2022] (5) Any fine ordered to be paid by a trade union may be recovered by distress and sale of any movable property belonging to or held in trust for the trade union in accordance with the provisions of the Criminal Procedure Code 2010. (6) In any civil or criminal proceedings in which a registered trade union is a party such trade union may appear in such proceedings by any one of its officers or by an advocate and solicitor.


document_id: tua-1940
provision_ref: s27
chapter: PART 4 - RIGHTS AND LIABILITIES OF TRADE UNIONS
section: 27
title: Strike or industrial action
content:
27. —(1) A registered trade union (other than a registered trade union which is a combined federation) shall not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members without obtaining the consent, by secret ballot, of the majority of the members so affected. [Act 30 of 2024 wef 01/01/2025] (2) A registered trade union (other than a registered trade union which is a combined federation) the majority of whose membership consists of non‑executive employees shall not commence, promote, organise or finance any strike or any form of industrial action in connection with any trade dispute between members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 and their employer. [1/2015] [Act 30 of 2024 wef 01/01/2025] (2A) A registered trade union which is a combined federation shall not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members. [Act 30 of 2024 wef 01/01/2025] (3) Any registered trade union which, and every member of its executive who, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. (3A) A registered trade union which is a combined federation which, and every member of its executive who, contravenes subsection (2A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. [Act 30 of 2024 wef 01/01/2025] (4) The members of a trade union who commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action — ( a ) where the consent of the majority of the members so affected has not been obtained by secret ballot; or ( b ) taken in contravention of the rules or by-laws of the trade union, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (5) No member of a registered trade union who is an executive employee that is represented by the trade union under section 30A of the Industrial Relations Act 1960 shall commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action taken by the trade union. [1/2015] (6) No member of a registered trade union the majority of whose membership consists of non‑executive employees shall commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action in connection with any trade dispute between members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 and their employer. [1/2015] (7) Nothing in subsection (2) or (6) shall preclude a registered trade union referred to in those subsections or any member of a registered trade union that is recognised by the employer in the manner prescribed under Part 3 of the Industrial Relations Act 1960 as a registered trade union representing that member from commencing, promoting, organising, financing, participating or otherwise acting in furtherance of any strike or any form of industrial action affecting the member in accordance with subsection (1). [1/2015] (8) Any member of a registered trade union who contravenes subsection (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (9) Any person who instigates or incites others to take part in or otherwise acts in furtherance of a strike or any form of industrial action — ( a ) where the consent of the majority of the members of a trade union so affected has not been obtained by secret ballot; ( b ) taken in contravention of the rules or by-laws of the trade union to which the majority of the persons taking part in the strike or industrial action belongs; or ( c ) taken in contravention of subsection (5) or (6), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. (10) For the purposes of investigating an offence under this section, the Registrar may by notice in writing require any person who he believes could assist him in his investigations to appear before him at such place and time as stated in the notice. (11) Any person who fails or neglects without reasonable excuse to comply with any notice under subsection (10) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (12) Every person who has been required to appear before the Registrar under subsection (10) shall state truly the facts and circumstances of any strike or industrial action which he is acquainted with. (13) If any person fails to comply with subsection (12), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (14) In any proceedings for an offence under this section, the onus of proving that the requirements specified in subsection (1), (3), (4) or (9) have been complied with shall be on the registered trade union, the member of its executive or a member of the trade union or any accused person, as the case may be. (15) In this section, “industrial action” means the adoption of any practice, procedure or method in the performance of work which would result in a limitation on output or production in any occupation, service, trade, industry or business. (16) For the purposes of this section, where the majority of the membership of a registered trade union consists of non‑executive employees, the consent of its members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 shall not be taken into account in ascertaining whether the consent of the majority of the members have been obtained under subsection (1). [1/2015]


document_id: tua-1940
provision_ref: s28
chapter: PART 5 - CONSTITUTION
section: 28
title: Membership of minors and Government employees
content:
28. —(1) A person above the age of 16 years may be a member of a registered trade union, unless provision is made in the rules thereof to the contrary, and may, subject to the rules of the trade union and subsection (2), enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules. (1A) In relation to a combined federation, subsection (1) does not affect any requirement under the Platform Workers Act 2024 relating to the minimum age of any member of a registered platform work association which is a constituent of the combined federation. [Act 30 of 2024 wef 01/01/2025] (2) A member of a registered trade union who is under the age of 21 years, but above the age of 18 years, shall not be a member of the executive or a trustee of the trade union unless he has obtained the written approval of the Minister therefor. (3) No Government employee shall join or be a member of any trade union or shall be accepted as a member by any trade union. (4) The President may, by notification in the Gazette , exempt from subsection (3) either wholly or subject to such conditions as are in such notification specified, any Government employees or any classes, categories or descriptions of Government employees.


document_id: tua-1940
provision_ref: s29
chapter: PART 5 - CONSTITUTION
section: 29
title: Membership of employees of specified statutory board or body
content:
29. —(1) No workman employed by such statutory board or body as the Minister may by order specify, shall be a member of or shall be accepted as a member by any trade union unless the membership of the trade union is confined exclusively to persons employed by that board or body. (2) Any trade union whose membership is confined to persons employed by a statutory board or body specified by order under subsection (1) shall not, without the prior approval of the Minister, be affiliated to any other trade union or federation of trade unions whose membership is not otherwise so confined. (3) Any order made by the Minister under subsection (1) shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.


document_id: tua-1940
provision_ref: s30
chapter: PART 5 - CONSTITUTION
section: 30
title: Officers of trade union
content:
30. —(1) A person shall not act as an officer of a trade union or any branch thereof, and shall be disqualified for election as such officer if he is an undischarged bankrupt or has been convicted by any court of criminal breach of trust, extortion or criminal intimidation, or of any offence which, in the opinion of the Minister, renders him unfit to be an officer of a trade union. (2) Subsection (1) shall not apply where the Minister is satisfied that the person so convicted has reformed and has become fit to be an officer of a trade union. (3) No person who is not a citizen of Singapore shall act as an officer of a trade union or any branch thereof unless the prior written approval of the Minister has been obtained. (4) Except where subsection (5) applies, not less than two-thirds of the total number of the officers of every registered trade union shall be persons actually engaged or employed in a trade, occupation or industry with which the trade union is connected. [Act 30 of 2024 wef 01/01/2025] (5) In the case of a combined federation, not less than two-thirds of the total number of the officers of the combined federation shall be persons — ( a ) actually engaged or employed in a trade, occupation or industry in which any constituent trade union is connected; or ( b ) actually providing a platform service with which any constituent platform work association is connected. [Act 30 of 2024 wef 01/01/2025]


document_id: tua-1940
provision_ref: s30A
chapter: PART 5 - CONSTITUTION
section: 30A
title: Authority of officers, etc., to bind union without ratification
content:
30A. —(1) Notwithstanding any provision in any rules or resolution of any trade union, the officers of a trade union and any other persons duly appointed by the trade union to represent its members in negotiations with a view to a collective agreement shall have the authority to bargain collectively for and to bind all the members of the trade union by a collective agreement without the need for ratification by the members; and the decision of such officers or persons on any matter in such negotiations shall be the decision of all members of the trade union. (2) Any provision in any rules or resolution of any trade union (whether made before, on or after 5 May 2004) that is inconsistent with subsection (1) shall be void to the extent of that inconsistency.


document_id: tua-1940
provision_ref: s31
chapter: PART 5 - CONSTITUTION
section: 31
title: Employees of trade union
content:
31. —(1) A registered trade union may, subject to subsections (2) and (4) and to the rules of the trade union, employ and pay such persons as may be necessary for the purposes of the trade union. (2) A person shall not be employed by a registered trade union under subsection (1) if he has been convicted by a court of a criminal offence and has not received a free pardon in respect thereof, and such conviction in the opinion of the Minister renders him unfit to be employed by a trade union. (3) Subsection (2) shall not apply where the Minister is satisfied that the person so convicted has reformed and has become fit to be employed by a trade union. (4) No person who is not a citizen of Singapore shall be employed by a registered trade union under subsection (1) unless the prior written approval of the Minister has been obtained.


document_id: tua-1940
provision_ref: s32
chapter: PART 5 - CONSTITUTION
section: 32
title: Powers of Minister in relation to sections 30 and 31
content:
32. The Minister may by order — ( a ) declare that section 30 or 31 shall not apply to any registered trade union or class of registered trade unions specified in the order; or ( b ) grant, either absolutely or subject to such conditions as he may consider reasonably necessary, exemption from all or any provision of section 30 or 31 in respect of officers or employees or such proportion or class of officers or employees of any registered trade union or class of registered trade unions as may be specified in the order.


document_id: tua-1940
provision_ref: s33
chapter: PART 5 - CONSTITUTION
section: 33
title: Change of name
content:
33. A registered trade union shall not change its name except with the requisite consent of — ( a ) its members; or ( b ) where the trade union is a federation, its constituent trade unions and, in the case of a combined federation, its constituent trade unions and constituent platform work associations. [Act 30 of 2024 wef 01/01/2025]


document_id: tua-1940
provision_ref: s34
chapter: PART 5 - CONSTITUTION
section: 34
title: Amalgamation
content:
34. —(1) Any 2 or more registered trade unions may become amalgamated as one trade union if each of the trade unions has the requisite consent of — ( a ) its members; [Act 30 of 2024 wef 01/01/2025] ( b ) where the trade union is a federation, its constituent trade unions; or [Act 30 of 2024 wef 01/01/2025] ( c ) where the trade union is a combined federation, its constituent trade unions and constituent platform work associations, to the amalgamation. [Act 30 of 2024 wef 01/01/2025] (2) The amalgamation may be undertaken with or without dissolution or division of the funds of the trade unions or either or any of them.


document_id: tua-1940
provision_ref: s35
chapter: PART 5 - CONSTITUTION
section: 35
title: Notice of change of name or amalgamation
content:
35. —(1) Notice in writing shall be given to the Registrar of every change of name and every amalgamation, signed — ( a ) in the case of a change of name, by the secretary and 7 members of the registered trade union changing its name; and ( b ) in the case of an amalgamation, by the secretary and 7 members of every registered trade union which is a party to the amalgamation. (2) Where the trade union referred to in subsection (1)( a ) or ( b ) is a federation, the notice shall be signed by the secretary and 7 delegates representing one or more of the constituent trade unions of the federation or, in the case of a combined federation, one or more of its constituent trade unions and constituent platform work associations. [Act 30 of 2024 wef 01/01/2025] (3) If the proposed name is identical with that by which any other existing trade union has been registered or, in the opinion of the Registrar, so nearly resembles that name as to be likely to deceive the public or the members of either trade union, the Registrar shall refuse to register the change of name. (4) Subject to subsection (3), the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name in the prescribed manner, and the change of name shall have effect from the date of the registration. (5) If the Registrar is satisfied that the provisions of this Act in respect of amalgamation have been complied with and that the trade union formed thereby is entitled to registration under section 10, he shall register the trade union in the prescribed manner and the amalgamation shall have effect from the date of the registration. (6) Any person aggrieved by the refusal of the Registrar to register either a change of the name of a registered trade union or the trade union formed by the amalgamation of any 2 or more registered trade unions, may appeal against the refusal in the manner provided by sections 17 and 18.


document_id: tua-1940
provision_ref: s36
chapter: PART 5 - CONSTITUTION
section: 36
title: Effect of change of name or amalgamation
content:
36. —(1) A change in the name of a registered trade union shall not affect any rights or obligations of the trade union or render defective any legal proceeding by or against the trade union, and any legal proceeding which might have been continued or commenced by or against it under its former name may be continued or commenced by or against it under its new name. (2) An amalgamation of 2 or more registered trade unions shall not prejudice any right of either or any such trade unions or any right of a creditor of either or any of them.


document_id: tua-1940
provision_ref: s37
chapter: PART 5 - CONSTITUTION
section: 37
title: Registered office
content:
37. —(1) Every registered trade union shall have a registered office to which all communications and notices may be addressed. (2) Notice of the situation of such registered office, and of any change therein, shall be given to the Registrar and shall be registered by him, and the trade union shall not be deemed to have complied with the provisions of this Act until such notice has been given. (3) Every trade union which — ( a ) operates without having a registered office, or without giving notice of the situation of its registered office as required under this section; or ( b ) operates at any place to which its registered office may have been removed, without having given notice of the change in the situation thereof to the Registrar, shall be guilty of an offence and shall be liable on conviction by a District Court or Magistrate’s Court to a fine not exceeding $50 for every day during which it is so in operation. (4) Every officer of any trade union referred to in subsection (3) shall be liable to be convicted and fined a like amount in respect of the same offence.


document_id: tua-1940
provision_ref: s38
chapter: PART 5 - CONSTITUTION
section: 38
title: Rules of registered trade union
content:
38. —(1) The rules of every registered trade union shall provide for all matters specified in the Schedule and shall not be so altered or amended as to cease to contain provision in respect of all such matters. (2) A copy printed in English and in Malay or Tamil or Chinese of the rules for the time being in force of any registered trade union shall be prominently exhibited at the registered office thereof and shall be furnished by the secretary of the trade union to any person on demand on payment of the prescribed sum. (3) A copy in English of every new rule and of every alteration made in the rules of a registered trade union shall be sent to the Registrar within 7 days of the making of that rule or alteration and shall, subject to subsection (4), be registered by the Registrar on payment of the prescribed fee. (4) The Registrar may refuse to register any alteration of the rules if he is of the opinion that the new rule or altered rule is unlawful or is oppressive or unreasonable. (5) In the case of any difference or dispute, the English version of any rule or of any alteration of any rule shall prevail. (6) Every alteration of the rules of a trade union shall take effect from the date of registration by the Registrar unless some later date is specified in the rules.


document_id: tua-1940
provision_ref: s39
chapter: PART 5 - CONSTITUTION
section: 39
title: Secret ballot
content:
39. —(1) The rules of a registered trade union relating to the taking of decisions by secret ballot shall ensure that every member or delegate, as the case may be, has an equal right, and a reasonable opportunity to record his vote freely, that the results of the voting are correctly ascertained and declared, and that the secrecy of the ballot is properly secured. (2) Notwithstanding subsection (1), where the majority of the membership of a registered trade union consists of non‑executive employees, no rule of the trade union shall confer on any member who is an executive employee that is represented by the trade union under section 30A of the Industrial Relations Act 1960, the right to vote in any secret ballot taken for the purpose of obtaining the consent of its members to commence, organise, participate or otherwise act in furtherance of any strike or any form of industrial action under section 27(1). [1/2015] (3) For the purpose of satisfying himself that a secret ballot taken by a registered trade union has been properly conducted, the Registrar may — ( a ) order a person to deliver to him any ballot papers, envelopes, lists or other documents which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person; ( b ) take possession of any such ballot papers, envelopes, lists or other documents; and ( c ) inspect the same and retain them for such period as is necessary for such purpose. (4) Subject to subsection (3) or as may be provided in the rules of the trade union, no person shall be allowed to inspect or copy any such paper or document relating to a secret ballot. (5) A registered trade union and every officer of a registered trade union who is able to do so shall, notwithstanding anything in the rules of the trade union, take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents used in connection with or relevant to a secret ballot shall be kept at the registered office of the trade union for a period of 6 months after the completion of the secret ballot. (6) The results of a secret ballot taken to decide any of the matters set out in paragraph 8 of the Schedule shall be sent to the Registrar within 7 days after the holding of the secret ballot by the secretary of the trade union in such form as the Registrar may direct.


document_id: tua-1940
provision_ref: s40
chapter: PART 5 - CONSTITUTION
section: 40
title: Notification of change of officers, etc.
content:
40. —(1) A registered trade union shall, prominently and in such place that it may be easily read, exhibit — ( a ) at its registered office a notice showing the names and titles of the officers for the time being of the trade union; and ( b ) at the office of each branch a notice showing the names and titles of the officers for the time being of the branch. (2) When a person becomes or ceases to be an officer of a registered trade union or a branch of a registered trade union or when the title of any officer is changed, notice thereof in the prescribed form shall be sent to the Registrar within 7 days thereafter by that trade union together with the prescribed fee. (3) The Registrar shall, on being satisfied that the appointment or election of the officer or the change is not contrary to the rules of the trade union or of the provisions of this Act, thereupon alter the register accordingly.


document_id: tua-1940
provision_ref: s41
chapter: PART 5 - CONSTITUTION
section: 41
title: Notification of change of employees
content:
41. When a person becomes or ceases to be an employee of a registered trade union or a branch of a registered trade union, notice thereof shall be sent to the Registrar within 7 days thereafter by that trade union in such form as the Registrar may direct.


document_id: tua-1940
provision_ref: s42
chapter: PART 5 - CONSTITUTION
section: 42
title: Notice of dissolution
content:
42. —(1) When a registered trade union is dissolved, notice of the dissolution signed by 7 members and by the secretary of the trade union shall, within 14 days of the dissolution, be sent to the Registrar and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the trade union. (2) The dissolution shall have effect from the date of the registration.


document_id: tua-1940
provision_ref: s43
chapter: PART 5 - CONSTITUTION
section: 43
title: Trustees
content:
43. —(1) The rules of a registered trade union shall provide for the appointment or election of trustees and for the filling of vacancies in the office of trustees so that, as far as may be, there shall always be at least 3 trustees of the trade union. (2) No person who is an undischarged bankrupt — ( a ) shall be appointed or elected as a trustee of a trade union; or ( b ) if so appointed or elected, shall remain as such. (3) Except with the approval of the Minister, no person who has been convicted of an offence involving fraud or dishonesty or any other offence which, in the opinion of the Minister, renders him unfit to be a trustee of a trade union — ( a ) shall be appointed or elected as a trustee of a trade union; or ( b ) if so appointed or elected, shall remain as such. (4) No person who is holding the office of president, chairman, treasurer, secretary or other similar office in a trade union or who is not a citizen of Singapore shall be appointed or elected as a trustee of the trade union without the prior written approval of the Minister. (5) When a person is appointed or elected as a trustee or ceases to be a trustee of a registered trade union or branch of a registered trade union, notice thereof shall be sent to the Registrar within 7 days thereafter by the trade union in such form as the Registrar may require. (6) Nothing in subsection (4) shall affect the appointment or election of any trustee of a trade union who was appointed or elected before 2 April 1983.


document_id: tua-1940
provision_ref: s44
chapter: PART 6 - PROPERTY
section: 44
title: All property vested in trustees
content:
44. All property, movable or immovable, of a registered trade union shall be vested in its trustees for the use and benefit of the trade union and its members and shall be under the control of the trustees.


document_id: tua-1940
provision_ref: s45
chapter: PART 6 - PROPERTY
section: 45
title: Devolution of property
content:
45. Upon any change in the office of any trustee, the Supreme Court may, upon an originating application without notice made to it in that behalf, make an order vesting the property of a registered trade union in the trustees for the time being of the trade union for the same estate and interest as the former trustee had therein, and subject to the same trusts, without any transfer, conveyance or assignment. [42/2005] [Act 25 of 2021 wef 01/04/2022]


document_id: tua-1940
provision_ref: s46
chapter: PART 6 - PROPERTY
section: 46
title: Purchase or lease of land or buildings
content:
46. —(1) Subject to subsection (2) and to any provision in its rules, a registered trade union may — ( a ) purchase or take a lease of, for the purposes of the trade union and in the names of its trustees, any land or building; and ( b ) subject to any written or other law which may be applicable, sell, exchange, charge or lease any land or building purchased or leased by it. (2) A registered trade union shall not purchase or take a lease of any land, or building, situated outside Singapore without having first obtained the requisite consent of — ( a ) its members; or ( b ) where the trade union is a federation, its constituent trade unions or, in the case of a combined federation, its constituent trade unions and constituent platform work associations. [Act 30 of 2024 wef 01/01/2025]


document_id: tua-1940
provision_ref: s47
chapter: PART 7 - FUNDS AND ACCOUNTS
section: 47
title: Application of funds
content:
47. —(1) Subject to subsection (1A), the funds of a registered trade union may, subject to the rules thereof and to the provisions of this Act, be expended only for the following objects: ( a ) the payment of salaries, allowances and expenses to officers of the trade union; ( b ) the payment of expenses for the administration of the trade union, including audit of the accounts of the funds of the trade union; ( c ) the prosecution or defence of any legal proceeding to which the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the trade union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs; ( d ) the conduct of trade disputes on behalf of the trade union or any member thereof; ( e ) the compensation of members for loss arising out of trade disputes; ( f ) allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members; ( g ) any other object which the Minister may, by notification in the Gazette , declare to be an object for which such funds may be expended. [Act 30 of 2024 wef 01/01/2025] (1A) Subsection (1) applies to a registered trade union which is a combined federation ( F ) with the following modifications: ( a ) a reference in subsection (1)( c ) to the relations of any member with his employer or with a person whom the member employs includes a reference to the relations of — (i) any member of F who is a platform worker with any platform operator for whom the member provides a platform service; and (ii) any member of F who is a platform operator with any platform worker who provides a platform service for the member; ( b ) a reference in subsection (1)( f ) to the unemployment of a member includes a reference to the inability of a member of F who is a platform worker to provide any platform service. [Act 30 of 2024 wef 01/01/2025] (2) Any moneys received for a specific purpose by a trade union from its members, which the members are liable to pay in accordance with its rules, shall not be used or applied for any other purpose without the requisite consent of the members of the trade union. (3) Any moneys received for a specific purpose by a federation from its constituent trade unions, which the constituent trade unions are liable to pay to the federation in accordance with the rules of the federation, shall not be used or applied for any other purpose without the requisite consent of the constituent trade unions. (3A) Any moneys received for a specific purpose by a combined federation from its constituent platform work associations, which the constituent platform work associations are liable to pay to the combined federation in accordance with the rules of the combined federation, shall not be used or applied for any other purpose without the requisite consent of the constituent platform work associations. [Act 30 of 2024 wef 01/01/2025] (4) Within 7 days from the date the requisite consent referred to in subsection (2), (3) or (3A) is obtained, the secretary of the trade union concerned shall notify the Registrar of the consent and provide to the Registrar such information in respect of the consent as the Registrar may require. [Act 30 of 2024 wef 01/01/2025]


document_id: tua-1940
provision_ref: s48
chapter: PART 7 - FUNDS AND ACCOUNTS
section: 48
title: Prohibition of payment of fines or penalties
content:
48. The funds of a registered trade union shall not be applied either directly or indirectly in payment of the whole or part of any fine or penalty imposed upon any person by sentence or order of a court of justice.


document_id: tua-1940
provision_ref: s49
chapter: PART 7 - FUNDS AND ACCOUNTS
section: 49
title: Use of funds for political purposes and investment of those funds
content:
49. —(1) The funds of a registered trade union — ( a ) shall not be applied either directly or indirectly in payment of contributions to a political party or for a political purpose; and ( b ) shall, subject to the rules thereof and the provisions of this Act, be invested only in — (i) investments authorised by law for the investment of trust money; (ii) interest-earning deposits in banks or finance companies; (iii) shares of co-operative societies established by any registered trade union or registered platform work association; or [Act 30 of 2024 wef 01/01/2025] (iv) such undertaking, enterprise or scheme, the promoter or proprietor of which is the Singapore Labour Foundation or a company formed by or related to the Singapore Labour Foundation, as the Minister may approve for the purposes of this paragraph. (2) Subsection (1)( b )(i), (ii) and (iii) shall not render unlawful the investment of the funds of a registered trade union which was lawfully made before 2 April 1983. (3) In this section, “Singapore Labour Foundation” means the Singapore Labour Foundation established under section 3 of the Singapore Labour Foundation Act 1977. (4) For the purposes of this section, a company shall be deemed related to the Singapore Labour Foundation if it is related thereto within the meaning of section 6 of the Companies Act 1967.


document_id: tua-1940
provision_ref: s50
chapter: PART 7 - FUNDS AND ACCOUNTS
section: 50
title: Injunction to restrain misuse of funds
content:
50. An injunction restraining any unauthorised or unlawful expenditure of the funds of a registered trade union may be granted on the application of any 5 or more persons having a sufficient interest in the relief sought, or of the Registrar, or of the Attorney‑General.


document_id: tua-1940
provision_ref: s51
chapter: PART 7 - FUNDS AND ACCOUNTS
section: 51
title: Treasurer to render accounts
content:
51. —(1) Every treasurer of a registered trade union and every other officer thereof who is responsible for the accounts of the trade union or for the collection, disbursement, custody or control of the funds or moneys thereof, shall, upon resigning or vacating his office and at least once in every year at such time as may be specified by the rules of the trade union and at any other times at which he may be required to do so by a resolution of the members of the trade union or by the rules thereof, render to the trade union and its members a just and true account of — ( a ) all moneys received and paid by him during the period which has elapsed since the date of his assuming office, or if he has previously rendered an account, since the last date upon which he rendered such account; ( b ) the balance remaining in his hands, at the time of rendering such account; and ( c ) all bonds, securities, or other property of the trade union entrusted to his custody or under his control. (2) The form of account may be prescribed by regulations. (3) The account shall be verified by statutory declaration, and the trade union shall cause the account to be audited by some fit and proper person approved by the Registrar. (4) No trade union shall cause the accounts to be audited under subsection (3) by the same person for a continuous period of more than 5 years without the prior written approval of the Minister. (5) After the account has been audited, the treasurer or other officer referred to in subsection (1) shall immediately hand over to the trustees of the trade union, if required by them to do so, such balance as appears to be due from him, and also, if so required, all bonds, securities, effects, books, papers and property of the trade union in his hands or custody, or otherwise under his control. (6) The Registrar may by notice in writing direct the attendance before him, at the place and time set out in the notice, of any person appointed to audit the accounts of a trade union for any purpose related to the audit. (7) The Registrar may, if he thinks it necessary, by notice in writing direct any trade union to — ( a ) cause the accounts to be audited by any person other than the person who first audited the accounts; or ( b ) cause the accounts to be further audited in such manner as the Registrar may require. (8) All expenses incurred by a trade union in complying with the direction of the Registrar shall be borne by the trade union. (9) Any person who fails to comply with the direction of the Registrar under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (10) Any trade union which fails to comply with the direction of the Registrar under subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: tua-1940
provision_ref: s52
chapter: PART 7 - FUNDS AND ACCOUNTS
section: 52
title: Production of documents, etc., for examination
content:
52. —(1) For the purpose of carrying out the provisions of this Act, the Registrar may by notice in writing direct any officer or employee of a trade union to produce for his examination any books, accounts, records and documents and to answer such questions relating thereto as may be necessary. (2) Any person who — ( a ) wilfully refuses or without lawful excuse fails to comply with the direction of the Registrar under subsection (1); or ( b ) wilfully withholds any information, or refuses to answer, or wilfully gives a false answer to any question put to him by the Registrar, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: tua-1940
provision_ref: s53
chapter: PART 7 - FUNDS AND ACCOUNTS
section: 53
title: Annual returns
content:
53. —(1) The secretary of every registered trade union shall furnish annually to the Registrar on or before the prescribed date in each year a general statement audited in the prescribed manner, of all receipts and expenditure during the period of 12 months ending on the last day of March last preceding that prescribed date, and of the assets and liabilities of the trade union as at that day. (2) The general statement referred to in subsection (1) shall be accompanied by a copy of the auditor’s report and shall be prepared in such form and shall comprise such particulars as may be prescribed. (3) Together with the general statement referred to in subsection (1), the secretary of each registered trade union shall furnish to the Registrar a copy of all alterations or amendments of rules, and of all new rules, and a list of all changes of officers, made by the trade union during the period of 12 months preceding the last day of March, and a copy of the rules of the trade union in force on that day. (4) The Registrar may, on application made to him by a registered trade union, by writing under his hand, substitute the day on which the financial year of the trade union ends for the last day of March referred to in subsections (1) and (3) and, if necessary, some other date for the date prescribed for the purposes of subsection (1). (5) All the provisions of this section shall apply accordingly in the case of the registered trade union referred to in subsection (4) as though the date and the day so substituted were respectively the prescribed date referred to in subsection (1) and the last day of March referred to in subsections (1) and (3). (6) Every member of a registered trade union shall be entitled to receive free of charge a copy of the general statement referred to in subsection (1) and the secretary of each registered trade union shall deliver a copy of that statement to every member of his trade union who makes application to him therefor. (7) Any secretary of a registered trade union who fails to comply with any requirement of this section shall be guilty of an offence and shall be liable on conviction before a District Court or Magistrate’s Court to a fine not exceeding $2,000. (8) Every person who wilfully makes or orders or causes or procures to be made any false entry in or omission from any general statement, copy or list delivered to the Registrar under subsections (1), (2) and (3) shall be guilty of an offence and shall be liable on conviction before a District Court or Magistrate’s Court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: tua-1940
provision_ref: s54
chapter: PART 7 - FUNDS AND ACCOUNTS
section: 54
title: Inspection of accounts and documents
content:
54. The account books of a registered trade union and a list of the members thereof shall be open to inspection by any officer or member of the trade union at such times as may be provided for in the rules of the trade union, and by the Registrar at any reasonable time.


document_id: tua-1940
provision_ref: s55
chapter: PART 8 - OFFENCES AND PENALTIES
section: 55
title: Penalty for misuse of money or property of registered trade union
content:
55. —(1) Where, on complaint made by a member of a registered trade union, it is shown to the satisfaction of a District Court or Magistrate’s Court that any officer or member of the trade union — ( a ) has in his possession or control any property of the trade union except in accordance with the rules of the trade union; or ( b ) has unlawfully expended or withheld any money of the trade union, the Court shall, if it considers the justice of the case so requires, order that officer or member to deliver all such property to the trustees of the trade union and to pay to them the money so unlawfully expended or withheld. (2) A complaint made under subsection (1) shall not be entertained unless the Court is satisfied that the complainant is, on the date of that complaint, a member of the registered trade union in respect of the property of which the complaint is so made. (3) Any person bound by an order made under subsection (1) who fails to comply with the terms thereof and the directions given therein within a time to be specified in that order shall be guilty of an offence and shall be liable on conviction by a District Court or Magistrate’s Court to a fine not exceeding $2,000. (4) An order made under subsection (1) shall not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.


document_id: tua-1940
provision_ref: s56
chapter: PART 8 - OFFENCES AND PENALTIES
section: 56
title: Supplying false information regarding trade unions
content:
56. Any person who — ( a ) with intent to deceive, gives to any member of a registered trade union or to any person intending or applying to become a member of that trade union any document purporting to be a copy of the rules of the trade union or of any alterations thereto which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force; or ( b ) with the like intent mentioned in paragraph ( a ), gives a copy of any rules of an unregistered trade union to any person on the pretence that those rules are the rules of a registered trade union, shall be guilty of an offence and shall be liable on conviction by a District Court or Magistrate’s Court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: tua-1940
provision_ref: s57
chapter: PART 8 - OFFENCES AND PENALTIES
section: 57
title: Failure to submit returns
content:
57. If default is made on the part of any registered trade union in doing any act, in giving any notice, or in sending any statement, return or other document as required by this Act — ( a ) every officer or other person bound by the rules of the trade union or under the provisions of this Act to do such act, to give such notice, or to send such statement, return or document; or ( b ) if there is no such officer or person, every member of the executive of that registered trade union, shall severally be guilty of an offence and shall be liable on conviction by a District Court or Magistrate’s Court to a fine not exceeding $2,000.


document_id: tua-1940
provision_ref: s58
chapter: PART 8 - OFFENCES AND PENALTIES
section: 58
title: General penalty
content:
58. —(1) Every person who, and every trade union which, contravenes any provision of this Act shall be guilty of an offence and shall be liable on conviction by a District Court or Magistrate’s Court to a fine not exceeding $2,000 unless some other punishment is provided for that offence by this Act. (2) Upon conviction of an unregistered trade union under subsection (1), every person proved to have been a member of the executive of that trade union shall be deemed severally to be guilty of the offence for which the trade union was so convicted. (3) The District Court or Magistrate’s Court shall, after necessary inquiry, declare in its finding and order the name of each person to be deemed to be guilty and shall pass sentence upon him according to law.


document_id: tua-1940
provision_ref: s59
chapter: PART 8 - OFFENCES AND PENALTIES
section: 59
title: Composition of offences
content:
59. —(1) The Minister may by regulations prescribe any offence under this Act as an offence which may be compounded. (2) The Registrar may, in his discretion, compound any offence so prescribed by collecting from the person or trade union reasonably suspected of having committed the offence a sum not exceeding $200.


document_id: tua-1940
provision_ref: s60
chapter: PART 8 - OFFENCES AND PENALTIES
section: 60
title: Limitation of prosecutions
content:
60. No prosecution shall be instituted under this Act except by or at the instance of or with the written consent of the Public Prosecutor.


document_id: tua-1940
provision_ref: s61
chapter: PART 8 - OFFENCES AND PENALTIES
section: 61
title: Saving of offences under other written law
content:
61. The offences and penalties specifically defined and provided in this Act are in addition to and not in substitution of those defined and provided in any other written law.


document_id: tua-1940
provision_ref: s62
chapter: PART 9 - MISCELLANEOUS
section: 62
title: Act not to affect certain agreements
content:
62. This Act shall not affect — ( a ) any agreement between partners as to their own business; ( b ) any agreement between an employer and those employed by him as to such employment; [Act 30 of 2024 wef 01/01/2025] ( ba ) any platform work agreement as to the provision of a platform service (within the meaning given by section 3 of the Platform Workers Act 2024) by a platform worker; or [Act 30 of 2024 wef 01/01/2025] ( c ) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.


document_id: tua-1940
provision_ref: s63
chapter: PART 9 - MISCELLANEOUS
section: 63
title: Certain written laws not applicable to trade unions
content:
63. The provisions of any written law providing for the registration or recording of societies shall not apply to a trade union and the registration under any such written law of a trade union shall thereupon be deemed to have been cancelled and to be void and of no effect for the purposes of this Act.


document_id: tua-1940
provision_ref: s64
chapter: PART 9 - MISCELLANEOUS
section: 64
title: Service of legal process
content:
64. Every summons, notice or other document required to be served on a trade union in any civil or criminal proceeding shall be deemed to be duly served if it is delivered at the registered office of the trade union or if it is served personally on the president or the treasurer or the secretary or on any officer of the trade union provided that such service is otherwise in compliance with the requirements of any relevant written law.


document_id: tua-1940
provision_ref: s65
chapter: PART 9 - MISCELLANEOUS
section: 65
content:
65. The Registrar shall notify in the Gazette the fact that — ( a ) any trade union has been registered; ( b ) the certificate of registration of any registered trade union has been withdrawn or cancelled; ( c ) any change of name or amalgamation affecting any registered trade union has been registered; and ( d ) any registered trade union has been dissolved.


document_id: tua-1940
provision_ref: s66
chapter: PART 9 - MISCELLANEOUS
section: 66
title: Regulations
content:
66. —(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act. (2) In particular and without prejudice to the generality of subsection (1), the Minister may make regulations for or in respect of all or any of the following matters: ( a ) all matters stated or required in this Act to be prescribed; ( b ) the books and registers to be kept for the purposes of this Act and the forms thereof; ( c ) the manner in which trade unions and the rules of the trade unions shall be registered and the fees payable on registration; ( d ) the manner in which, and the qualifications of persons by whom, the accounts of registered trade unions or of any class of such trade unions shall be audited; ( e ) the conditions subject to which the register or any document kept by the Registrar may be inspected and an extract from or copy of an entry in the register or the document may be given, and the fees chargeable for the inspection, extract or copy; ( f ) the manner and method of filing applications, forms, notices, requests or returns under this Act or the regulations with the Registrar; ( g ) the due disposal and safe custody of the funds and moneys of a trade union; ( h ) the creation, administration, protection, control and disposal of the benevolent funds of registered trade unions and all matters connected therewith or incidental thereto; ( i ) the presentation, consideration and disposal of appeals referred to in sections 17 and 18; ( j ) generally for all matters incidental to or connected with the matters or subjects specifically mentioned in this subsection. (3) The Minister may by regulations declare that any regulations made under paragraph ( h ) of subsection (2) shall apply to a specified trade union only or that any particular trade union or class of trade union shall be exempt from the operation of any regulations made under that paragraph. (4) All regulations made under this section shall be presented to Parliament as soon as possible after publication.


document_id: ucta-1977
provision_ref: s1
section: 1
title: Scope of this Part
content:
1. —(1) For the purposes of this Part, “negligence” means the breach — ( a ) of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract; or ( b ) of any common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty). (2) This Part is subject to Part 3; and in relation to contracts, the operation of sections 2 to 4 and 7 is subject to the exceptions made by the First Schedule. (3) In the case of both contract and tort, sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability, that is liability for breach of obligations or duties arising from things done or to be done by a person in the course of a business (whether his own business or another’s), and references to liability are to be read accordingly. (4) In relation to any breach of duty or obligation, it is immaterial for any purpose of this Part whether the breach was inadvertent or intentional, or whether liability for it arises directly or vicariously. Avoidance of liability for negligence, breach of contract, etc.


document_id: ucta-1977
provision_ref: s2
section: 2
title: Negligence liability
content:
2. —(1) A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence. (2) In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness. (3) Where a contract term or notice purports to exclude or restrict liability for negligence, a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.


document_id: ucta-1977
provision_ref: s3
section: 3
title: Liability arising in contract
content:
3. —(1) This section applies as between contracting parties where one of them deals as consumer or on the other’s written standard terms of business. (2) As against that party, the other cannot by reference to any contract term — ( a ) when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or ( b ) claim to be entitled — (i) to render a contractual performance substantially different from that which was reasonably expected of him; or (ii) in respect of the whole or any part of his contractual obligation, to render no performance at all, except in so far as (in any of the cases mentioned in this subsection) the contract term satisfies the requirement of reasonableness.


document_id: ucta-1977
provision_ref: s4
section: 4
title: Unreasonable indemnity clauses
content:
4. —(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness. (2) This section applies whether the liability in question — ( a ) is directly that of the person to be indemnified or is incurred by him vicariously; ( b ) is to the person dealing as consumer or to someone else. Liability arising from sale or supply of goods


document_id: ucta-1977
provision_ref: s5
section: 5
title: “Guarantee” of consumer goods
content:
5. —(1) In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage — ( a ) arises from the goods proving defective while in consumer use; and ( b ) results from the negligence of a person concerned in the manufacture or distribution of the goods, liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods. (2) For these purposes — ( a ) goods are to be regarded as “in consumer use” when a person is using them, or has them in his possession for use, otherwise than exclusively for the purposes of a business; and ( b ) anything in writing is a guarantee if it contains or purports to contain some promise or assurance (however worded or presented) that defects will be made good by complete or partial replacement, or by repair, monetary compensation or otherwise. (3) This section does not apply as between the parties to a contract under or in pursuance of which possession or ownership of the goods passed.


document_id: ucta-1977
provision_ref: s6
section: 6
title: Sale and hire-purchase
content:
6. —(1) Liability for breach of the obligations arising from — ( a ) section 12 of the Sale of Goods Act 1979 (seller’s implied undertakings as to title, etc.); or ( b ) section 6 of the Hire‑Purchase Act 1969 (the corresponding thing in relation to hire-purchase), cannot be excluded or restricted by reference to any contract term. (2) As against a person dealing as consumer, liability for breach of the obligations arising from — ( a ) section 13, 14 or 15 of the Sale of Goods Act 1979 (seller’s implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose); or ( b ) section 6A, 6B or 6C of the Hire‑Purchase Act 1969 (the corresponding things in relation to hire‑purchase), cannot be excluded or restricted by reference to any contract term. (3) As against a person dealing otherwise than as consumer, the liability specified in subsection (2) can be excluded or restricted by reference to a contract term, but only in so far as the term satisfies the requirement of reasonableness. (4) The liabilities referred to in this section are not only the business liabilities defined by section 1(3), but include those arising under any contract of sale of goods or hire-purchase agreement.


document_id: ucta-1977
provision_ref: s7
section: 7
title: Miscellaneous contracts under which goods pass
content:
7. —(1) Where the possession or ownership of goods passes under or in pursuance of a contract not governed by the law of sale of goods or hire-purchase, subsections (2) to (4) apply as regards the effect (if any) to be given to contract terms excluding or restricting liability for breach of obligation arising by implication of law from the nature of the contract. (2) As against a person dealing as consumer, liability in respect of the goods’ correspondence with description or sample, or their quality or fitness for any particular purpose, cannot be excluded or restricted by reference to any such term. (3) As against a person dealing otherwise than as consumer, that liability can be excluded or restricted by reference to such a term, but only in so far as the term satisfies the requirement of reasonableness. (3A) Liability for breach of the obligations arising under section 2 of the Supply of Goods Act 1982 (implied terms about title, etc., in certain contracts for the transfer of property in goods) cannot be excluded or restricted by reference to any such term. [44/96] (4) Liability in respect of — ( a ) the right to transfer ownership of the goods, or give possession; or ( b ) the assurance of quiet possession to a person taking goods in pursuance of the contract, cannot (in a case to which subsection (3A) does not apply) be excluded or restricted by reference to any such term except in so far as the term satisfies the requirement of reasonableness. [44/96] Other provisions about contracts 8. [ Omitted in 1994 Revised Edition ]


document_id: ucta-1977
provision_ref: s9
section: 9
title: Effect of breach
content:
9. —(1) Where for reliance upon it a contract term has to satisfy the requirement of reasonableness, it may be found to do so and be given effect accordingly notwithstanding that the contract has been terminated either by breach or by a party electing to treat it as repudiated. (2) Where on a breach the contract is nevertheless affirmed by a party entitled to treat it as repudiated, this does not of itself exclude the requirement of reasonableness in relation to any contract term.


document_id: ucta-1977
provision_ref: s10
section: 10
title: Evasion by means of secondary contract
content:
10. A person is not bound by any contract term prejudicing or taking away rights of his which arise under, or in connection with the performance of, another contract, so far as those rights extend to the enforcement of another’s liability which this Part prevents that other from excluding or restricting. Explanatory provisions


document_id: ucta-1977
provision_ref: s11
section: 11
title: “Reasonableness” test
content:
11. —(1) In relation to a contract term, the requirement of reasonableness for the purposes of this Part and section 3 of the Misrepresentation Act 1967 is that the term shall have been a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made. (2) In determining for the purposes of section 6 or 7 whether a contract term satisfies the requirement of reasonableness, regard shall be had in particular to the matters specified in the Second Schedule; but this subsection does not prevent the court or arbitrator from holding, in accordance with any rule of law, that a term which purports to exclude or restrict any relevant liability is not a term of the contract. (3) In relation to a notice (not being a notice having contractual effect), the requirement of reasonableness under this Act is that it should be fair and reasonable to allow reliance on it, having regard to all the circumstances obtaining when the liability arose or (but for the notice) would have arisen. (4) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this or any other Act) whether the term or notice satisfies the requirement of reasonableness, regard shall be had in particular (but without prejudice to subsection (2) in the case of contract terms) to — ( a ) the resources which he could expect to be available to him for the purpose of meeting the liability should it arise; and ( b ) how far it was open to him to cover himself by insurance. (5) It is for those claiming that a contract term or notice satisfies the requirement of reasonableness to show that it does.


document_id: ucta-1977
provision_ref: s12
section: 12
title: Dealing as consumer
content:
12. —(1) A party to a contract “deals as consumer” in relation to another party if — ( a ) he neither makes the contract in the course of a business nor holds himself out as doing so; ( b ) the other party does make the contract in the course of a business; and ( c ) in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption. (2) But on a sale by auction or by competitive tender the buyer is not in any circumstances to be regarded as dealing as consumer. (3) Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.


document_id: ucta-1977
provision_ref: s13
section: 13
title: Varieties of exemption clause
content:
13. —(1) To the extent that this Part prevents the exclusion or restriction of any liability it also prevents — ( a ) making the liability or its enforcement subject to restrictive or onerous conditions; ( b ) excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy; ( c ) excluding or restricting rules of evidence or procedure, and (to that extent) sections 2 and 5 to 7 also prevent excluding or restricting liability by reference to terms and notices which exclude or restrict the relevant obligation or duty. (2) But an agreement in writing to submit present or future differences to arbitration is not to be treated under this Part as excluding or restricting any liability.


document_id: ucta-1977
provision_ref: s14
section: 14
title: Interpretation of this Part
content:
14. In this Part — “business” includes a profession and the activities of any Government department or local or public authority; “goods” has the same meaning as in the Sale of Goods Act 1979; “hire-purchase agreement” has the same meaning as in the Hire‑Purchase Act 1969; “negligence” has the meaning given to it by section 1(1); “notice” includes an announcement, whether or not in writing, and any other communication or pretended communication; “personal injury” includes any disease and any impairment of physical or mental condition.


document_id: ucta-1977
provision_ref: s26
section: 26
title: International supply contracts
content:
26. —(1) The limits imposed by this Act on the extent to which a person may exclude or restrict liability by reference to a contract term do not apply to liability arising under such a contract as is described in subsection (3). (2) The terms of such a contract are not subject to any requirement of reasonableness under section 3 or 4. (3) Subject to subsection (4), that description of contract is one whose characteristics are the following: ( a ) either it is a contract of sale of goods or it is one under or in pursuance of which the possession or ownership of goods passes; and ( b ) it is made by parties whose places of business (or, if they have none, habitual residences) are in the territories of different States. (4) A contract falls within subsection (3) only if either — ( a ) the goods in question are, at the time of the conclusion of the contract, in the course of carriage, or will be carried, from the territory of one State to the territory of another; ( b ) the acts constituting the offer and acceptance have been done in the territories of different States; or ( c ) the contract provides for the goods to be delivered to the territory of a State other than that within whose territory those acts were done.


document_id: ucta-1977
provision_ref: s27
section: 27
title: Choice of law clauses
content:
27. —(1) Where the proper law of a contract is the law of Singapore only by choice of the parties (and apart from that choice would be the law of some country outside Singapore) sections 2 to 7 do not operate as part of the proper law. (2) This Act has effect notwithstanding any contract term which applies or purports to apply the law of some country outside Singapore, where (either or both) — ( a ) the term appears to the court, or arbitrator or arbiter to have been imposed wholly or mainly for the purpose of enabling the party imposing it to evade the operation of this Act; or ( b ) in the making of the contract one of the parties dealt as consumer, and he was then habitually resident in Singapore, and the essential steps necessary for the making of the contract were taken there, whether by him or by others on his behalf.


document_id: ucta-1977
provision_ref: s28
section: 28
title: Provision for sea carriage of passengers
content:
28. —(1) This section applies to a contract for carriage by sea of a passenger or of a passenger and his luggage. (2) A person is not precluded by this Act from excluding or restricting liability for loss or damage in such circumstances and to such extent as may be prescribed by order made by the Minister by reference to a term of the contract so prescribed.


document_id: ucta-1977
provision_ref: s29
section: 29
title: Saving for other relevant legislation
content:
29. —(1) Nothing in this Act removes or restricts the effect of, or prevents reliance upon, any contractual provision which — ( a ) is authorised or required by the express terms or necessary implication of an enactment; or ( b ) being made with a view to compliance with an international agreement to which Singapore is a party, does not operate more restrictively than is contemplated by the agreement. (2) A contract term is to be taken for the purposes of Part 1 as satisfying the requirement of reasonableness if it is incorporated or approved by, or incorporated pursuant to a decision or ruling of, a competent authority acting in the exercise of any statutory jurisdiction or function and is not a term in a contract to which the competent authority is itself a party. (3) In this section — “competent authority” means any court, arbitrator or arbiter, Government department or public authority; “enactment” means any legislation (including subsidiary legislation) of Singapore and any instrument having effect by virtue of such legislation; “statutory” means conferred by an enactment.


document_id: ucta-1977
provision_ref: s30
section: 30
title: Short title and transitional
content:
30. —(1) This Act may be cited as the Unfair Contract Terms Act 1977. (2) Nothing in this Act applies in relation to a contract made or liability for loss or damage suffered before 12 November 1993 except in so far as it was applicable by virtue of section 5 of the Civil Law Act 1909 in force before that date.


document_id: una-2001
provision_ref: s2
section: 2
title: Power to make regulations to enable effect to be given to Article 41 of Charter of United Nations
content:
2. —(1) Subject to subsection (2), if, under Article 41 of the Charter of the United Nations signed at San Francisco on 26 June 1945 (being the Article which relates to measures not involving the use of armed force), the Security Council of the United Nations calls upon the Government to apply any measures to give effect to any decision of that Council, the Minister may, from time to time, make regulations that appear to the Minister to be necessary or expedient for enabling those measures to be effectively applied, including (without limiting the preceding words) provisions for — ( a ) the apprehension, trial and punishment of persons offending against the regulations; and ( b ) empowering any person or class of persons to exercise, when investigating any offence under this Act or any regulations made under this Act, all or any of the powers of a police officer under the Criminal Procedure Code 2010 in relation to arrestable offences. (2) The measures to be applied under subsection (1) do not apply to any financial institution or class of financial institutions to the extent that the financial institution or class of financial institutions is or may be subject to the directions issued by the Monetary Authority of Singapore under section 15 of the Financial Services and Markets Act 2022, or regulations made by the Monetary Authority of Singapore under section 192 of the Financial Services and Markets Act 2022 for the purposes of section 15 of that Act. [16/2016] [Act 18 of 2022 wef 28/04/2023] (3) The measures to be applied under subsection (1) do not apply to any VCC or class of VCCs to the extent that the VCC or class of VCCs is or may be subject to the directions or regulations made by the Monetary Authority of Singapore under section 83 of the Variable Capital Companies Act 2018. [44/2018] (4) In subsection (3), “VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018. [44/2018] (5) No regulation made under this Act is deemed to be invalid because it deals with any matter provided for by any written law, or because of repugnancy to or inconsistency with any written law other than the Constitution. (6) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette . (7) All expenses incurred by the Government in applying any measures that are mentioned in this section must be defrayed out of moneys provided by Parliament.


document_id: una-2001
provision_ref: s3
section: 3
title: Immunity from suit
content:
3. —(1) No action, suit or other legal proceedings shall lie against — ( a ) any party to a contract for failing, neglecting or refusing to carry out any act required by the contract; or ( b ) any person for failing, neglecting or refusing to carry out any act under any written law, where the failure, neglect or refusal is solely attributable to, or occasioned by, the provisions of this Act or any regulations made under this Act. (2) This section does not affect the operation of the Frustrated Contracts Act 1959.


document_id: una-2001
provision_ref: s4
section: 4
title: Protection of persons for acts done under Act
content:
4. No person shall be personally liable in respect of any act done by the person in the execution or purported execution of this Act or any regulations made under this Act if the person did it in the honest belief that the person’s duty under this Act or any regulations made under this Act required or entitled the person to do it.


document_id: una-2001
provision_ref: s5
section: 5
title: Liability for breach of regulations
content:
5. —(1) Every person who commits, or attempts to commit, or does any act with intent to commit, or counsels, procures, aids, abets, or incites any other person to commit, or conspires with any other person (whether in Singapore or elsewhere) to commit any offence against any regulations made under this Act shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both; or ( b ) in any other case, to a fine not exceeding $1 million. [4/2014] (2) Nothing in this Act or any regulations made under this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or any regulations made under this Act, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act or the regulations, but no person shall be punished twice for the same offence.


document_id: una-2001
provision_ref: s6
section: 6
title: Liability of citizens of Singapore for offences committed outside Singapore
content:
6. —(1) The provisions of this Act have effect, in relation to citizens of Singapore, outside as well as within Singapore, and where an offence under this Act or any regulations made under this Act is committed by a citizen of Singapore in any place outside Singapore, he or she may be dealt with in respect of that offence as if it had been committed within Singapore. (2) Any proceedings against any person under this section which would be a bar to subsequent proceedings against that person for the same offence, if the offence had been committed in Singapore, is a bar to further proceedings against the person, under any written law for the time being in force relating to the extradition of persons, in respect of the same offence outside Singapore.


document_id: una-2001
provision_ref: s7
section: 7
title: Jurisdiction of District Court
content:
7. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. [9/2003]


document_id: unpa-2011
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Convention” means the Convention on the Safety of United Nations and Associated Personnel adopted by the General Assembly of the United Nations on 9 December 1994; “Convention country” means a foreign country that is a Party to the Convention; “country” includes a State or territory, as the case may be; “offence against a UN worker” 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; “Protocol” means the Optional Protocol to the Convention adopted by the General Assembly of the United Nations on 8 December 2005; “relevant premises” means premises at which a UN worker resides or is staying or which the UN worker uses for the purpose of carrying out his or her functions as such person; “UN worker” has the meaning given by section 3; “vehicle” includes any means of conveyance. (2) In this Act, “abetment”, in relation to an offence, includes an abetment of — ( a ) an abetment of the offence; or ( b ) an attempt to commit the offence.


document_id: unpa-2011
provision_ref: s3
section: 3
title: UN workers
content:
3. —(1) In this Act, “UN worker” means a person who is — ( a ) engaged or deployed by the Secretary‑General of the United Nations as a member of the military, police or civilian component of a UN operation; ( b ) in the person’s capacity as an official or expert on mission of the United Nations, a specialised agency of the United Nations or the International Atomic Energy Agency, present in an area where a UN operation is being conducted; ( c ) assigned, with the agreement of an organ of the United Nations, by the government of any State or by an intergovernmental organisation to carry out activities in support of the fulfilment of the mandate of a UN operation; ( d ) engaged by the Secretary‑General of the United Nations, a specialised agency or the International Atomic Energy Agency to carry out such activities; or ( e ) deployed by a humanitarian non-governmental organisation or agency under an agreement with the Secretary‑General of the United Nations, with a specialised agency or with the International Atomic Energy Agency to carry out such activities. (2) In this section, “UN operation” means an operation — ( a ) which is established, in accordance with the Charter of the United Nations, by an organ of the United Nations; ( b ) which is conducted under the authority and control of the United Nations; and ( c ) which — (i) has as its purpose the maintenance or restoration of international peace and security; or (ii) has, for the purposes of the Convention, been declared by the Security Council or the General Assembly of the United Nations to be an operation where there exists an exceptional risk to the safety of the participating personnel. (3) In this section, “UN operation” also includes an operation — ( a ) which is established, in accordance with the Charter of the United Nations, by an organ of the United Nations; ( b ) which is conducted under the authority and control of the United Nations; and ( c ) which is for the purpose of — (i) delivering humanitarian, political or development assistance in peacebuilding; or (ii) delivering emergency humanitarian assistance. (4) In this section, “UN operation” does not include any operation — ( a ) which is authorised by the Security Council of the United Nations as an enforcement action under Chapter VII of the Charter of the United Nations; ( b ) in which UN workers are engaged as combatants against organised armed forces; and ( c ) to which the law of international armed conflict applies. (5) If in any proceedings, a question arises as to whether — ( a ) a person is, or was at any time or in respect of any period, a UN worker; or ( b ) an operation is or was a UN operation, a written certificate issued under the hand of the Minister charged with the responsibility for foreign affairs and stating any fact relevant to the question is admissible as evidence of that fact until the contrary is proved.


document_id: unpa-2011
provision_ref: s4
section: 4
title: Offences committed against UN workers
content:
4. —(1) Any person who commits outside Singapore any act — ( a ) to or in relation to a person whom he or she knows to be a UN worker; 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 the person would have been liable had the person been convicted of that offence. (2) That person may be dealt with as if the offence had been committed in Singapore.


document_id: unpa-2011
provision_ref: s5
section: 5
title: Offences committed against premises or vehicles
content:
5. —(1) Any person who commits outside Singapore any act — ( a ) to or in relation to — (i) premises which the person knows to be relevant premises; or (ii) a vehicle which the person knows is used by a UN worker; ( b ) which is likely to endanger the person or liberty of the UN worker; 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 the person would have been liable had the person been convicted of that offence. (2) That person may be dealt with as if the offence had been committed in Singapore.


document_id: unpa-2011
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 he or she knows to be a UN worker; or ( b ) an offence specified in the Second Schedule or under section 5 to or in relation to — (i) premises which the person knows to be relevant premises; or (ii) a vehicle which the person knows is used by a UN worker, and which, if committed, is likely to endanger the person or liberty of the UN worker, in order to compel any person to do or abstain from doing any act, 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: unpa-2011
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 he or she knows to be a UN worker; 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 the person knows to be relevant premises; or (ii) a vehicle which the person knows is used by a UN worker, and, if committed, is likely to endanger the person or liberty of the UN worker, is deemed to commit the act in Singapore and may be dealt with accordingly.


document_id: unpa-2011
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 a UN worker, it is presumed, unless the contrary is proved, that the accused knew that the person in question was a UN worker. (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 a UN worker, 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 a UN worker. (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 a UN worker, relevant premises or a vehicle used by a UN worker (as the case may be), it is presumed, unless the contrary is proved, that the accused knew that the person in question was a UN worker, the premises in question were relevant premises or the vehicle in question was a vehicle used by a UN worker. (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 a UN worker, relevant premises or a vehicle used by a UN worker (as the case may be), it is presumed, unless the contrary is proved, that the accused knew that the person in question was a UN worker, the premises in question were relevant premises or the vehicle in question was a vehicle used by a UN worker.


document_id: unpa-2011
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 shall not 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 a UN worker; ( b ) an offence specified in the Second Schedule committed to or in relation to relevant premises or a vehicle used by a UN worker; ( 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: unpa-2011
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 the Mutual Assistance in Criminal Matters Act 2000; ( 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 is inapplicable to any request for assistance referred to 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 a UN worker; ( b ) an offence specified in the Second Schedule committed to or in relation to relevant premises or a vehicle used by a UN worker; ( c ) an abetment of or a conspiracy or an attempt to commit an offence under paragraph ( a ) or ( b ); and ( d ) an offence against a UN worker. (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 a UN worker; 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: unpa-2011
provision_ref: s11
section: 11
title: Extradition to and from Convention countries
content:
11. —(1) Offences against a UN worker 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 mentioned 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, or in any Order in Council mentioned in section 3 of that Act, in relation to that country must, to the extent that it prevents the relevant offence from being considered an extradition offence in relation to that country, be disregarded in the application of that Act in relation to that country. [Act 17 of 2022 wef 01/07/2022] (8) For the purposes of the Extradition Act 1968 — ( a ) any act, wherever committed, which — (i) is a relevant offence of a Convention country which is a declared Commonwealth territory; or [Act 17 of 2022 wef 01/07/2022] (ii) is a relevant offence of a Convention country which 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 — “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 a UN worker, other than one which would constitute such an offence by virtue only of section 3(3); 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: unpa-2011
provision_ref: s12
section: 12
title: Extradition to Protocol countries
content:
12. —(1) For the purposes of the Extradition Act 1968, the expression “extradition offence”, in relation to a Protocol country that is a declared Commonwealth territory, is deemed to include relevant offences. [Act 17 of 2022 wef 01/07/2022] (2) Subject to subsection (3), where no extradition treaty is in force between Singapore and a Protocol 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] (3) Where the Extradition Act 1968 is applied under subsection (2), 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] (4) Subsection (3) does not affect any other notification made under section 4 of the Extradition Act 1968. (5) Where — ( a ) an extradition treaty is in force between Singapore and a Protocol country; and ( b ) the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act in relation to that country as if the treaty provided for the matter mentioned in paragraph ( b ). (6) Where a notification mentioned in subsection (5) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968, or in any Order in Council mentioned in section 3 of that Act, in relation to that country must, to the extent that it prevents the relevant offence from being considered an extradition offence in relation to that country, be disregarded in the application of that Act in relation to that country. [Act 17 of 2022 wef 01/07/2022] (7) For the purposes of the Extradition Act 1968 — ( a ) any act, wherever committed, which — (i) is a relevant offence of a Protocol country which is a declared Commonwealth territory; or [Act 17 of 2022 wef 01/07/2022] (ii) is a relevant offence of a Protocol country which 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. (8) In this section — “declared Commonwealth territory” has the meaning given by the Extradition Act 1968; [Act 17 of 2022 wef 01/07/2022] “Protocol country” means a Convention country that is a party to the Protocol; “relevant offence”, in relation to a Protocol 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 which is an offence against a UN worker by virtue only of section 3(3); 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: unpa-2011
provision_ref: s13
section: 13
title: No prosecution without Public Prosecutor’s consent
content:
13. A prosecution under this Act must not be instituted except by or with the consent of the Public Prosecutor.


document_id: unpa-2011
provision_ref: s14
section: 14
title: Amendment of Schedules
content:
14. The Minister may, by order in the Gazette , amend the First or Second Schedule for the purposes of giving effect to the Convention or Protocol, including any amendment to the Convention or Protocol that is binding on Singapore.


document_id: upa-1967
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “authorised officer” means a person appointed under section 18(3) by the Minister to be an authorised officer for the purposes of this Act; “broadcast” has the meaning given by section 27 of the Copyright Act 2021 and “broadcasting” has a corresponding meaning; “Chief Controller” means the Chief Controller appointed under section 18(2); “circulation”, in relation to any publication, includes the exhibition or supply thereof; “controller” means a person appointed under section 18(1) by the Minister to be a controller; “electronic transmission” includes facsimile transmission, electronic mail or other similar means of communication but excludes broadcasting; “exhibit”, in relation to a sound recording, means to play that sound recording but does not include the broadcasting of the sound recording; “film” has the same meaning as in the Films Act 1981; “importer”, in relation to any article, includes any person who, whether as owner, consignee, agent or broker, is in possession of, or is in any way entitled to the custody or control of, the article; “objectionable” and “obscene” have the meanings given to them by sections 4 and 3, respectively; “periodical publication” includes every publication issued periodically or in parts or numbers at intervals whether regular or irregular; “place” includes any vehicle, vessel, train or aircraft, whether in a public place or not; “prohibited publication” means any publication the importation, sale or circulation of which has been prohibited under section 5; “publication” means any of the following other than a film: ( a ) any book, magazine or periodical, whether in manuscript or final form; ( b ) any sound recording; ( c ) any picture or drawing, whether made by computer graphics or otherwise howsoever; ( d ) any photograph, photographic negative, photographic plate or photographic slide; ( e ) any paper, model, sculpture, tape, disc, article or thing — (i) that has printed or impressed upon it any word, statement, sign or representation; or (ii) on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or other electronic device, is capable of being reproduced or shown as any picture, photograph, word, statement, sign or representation, and includes a copy of any publication; “sound recording” means any tape, disc or other recording of sounds from which the sounds may be reproduced but does not include any soundtrack of a film; “supply”, in relation to a publication, includes — ( a ) supply not only in its physical form but also by means of the electronic transmission of the contents of the publication; ( b ) supply by way of hire, exchange or loan; or ( c ) in the case of a publication comprising a tape, disc, article or thing on which is recorded or stored any information for immediate or future retrieval by the use of any computer or other electronic device, transferring or reproducing or enabling another to transfer or reproduce by electronic transmission the whole or part of the contents of the publication onto another such tape, disc, article or thing for immediate or future retrieval. [34/2002; 22/2021]


document_id: upa-1967
provision_ref: s3
section: 3
title: Meaning of obscene
content:
3. For the purposes of this Act, a publication is obscene if its effect or (where the publication comprises 2 or more distinct parts or items) the effect of any one of its parts or items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.


document_id: upa-1967
provision_ref: s4
section: 4
title: Meaning of objectionable
content:
4. —(1) For the purposes of this Act, a publication is objectionable if, in the opinion of any controller, it or (where the publication comprises 2 or more distinct parts or items) any one of its parts or items describes, depicts, expresses or otherwise deals with — ( a ) matters such as sex, horror, crime, cruelty, violence or the consumption of drugs or other intoxicating substances in such a manner that the availability of the publication is likely to be injurious to the public good; or ( b ) matters of race or religion in such a manner that the availability of the publication is likely to cause feelings of enmity, hatred, ill will or hostility between different racial or religious groups. (2) In determining for the purposes of this Act whether or not any publication is objectionable, the following matters shall be considered: ( a ) the extent and degree to which, and the manner in which, the publication — (i) describes, depicts or otherwise deals with acts of torture, the infliction of serious physical harm, sexual conduct or violence or coercion in association with sexual conduct; (ii) exploits the nudity of persons or children or both; (iii) promotes or encourages criminal acts or acts of terrorism; (iv) represents, directly or indirectly, that members of any particular community or group are inherently inferior to other members of the public or of any other community or group; ( b ) the impact of the medium in which the publication is presented; ( c ) the character of the publication, including any merit, value or importance that the publication has in relation to literary, artistic, social, cultural, educational, scientific or other matters; ( d ) the standards of morality, decency and propriety that are generally accepted by reasonable members of the community; ( e ) the persons, classes of persons or age groups of the persons to whom the publication is intended or is likely to be made available. (3) The question whether or not a publication is objectionable is a matter for the expert judgment of any person authorised or required by or pursuant to this Act to determine it, and evidence as to or proof of any of the matters or particulars that the person is required to consider in determining that question is not essential to its determination except that if such evidence or proof of such matters or particulars is available, that person shall take that evidence or proof into consideration. (4) The Chief Controller shall keep and maintain a Register of Objectionable Publications containing all publications which any controller determines to be objectionable.


document_id: upa-1967
provision_ref: s5
section: 5
title: Power to prohibit importation, sale or circulation of publications
content:
5. —(1) If the Minister is of opinion that the importation, sale or circulation of any publication or series of publications published or printed outside Singapore or within Singapore by any person would be contrary to the public interest, the Minister may, in his discretion, by order published in the Gazette , prohibit the importation, sale or circulation of that particular publication or series of publications or all publications published or printed by that person. (2) If an order made under subsection (1) specifies by name a publication which is a periodical publication, the order shall, unless a contrary intention is expressed therein, have effect with respect to — ( a ) all past and subsequent issues of such publication; and ( b ) any publication published or printed under any other name if the publishing or printing thereof is in any respect a continuation of, or in substitution for, the publishing or printing of the publication named in the order. (3) If an order made under subsection (1) prohibits the importation, sale or circulation of all publications published or printed by a specified person, that order shall, unless a contrary intention is expressed therein, have effect not only with respect to all publications published or printed by that person before the date of the order but also with respect to all publications so published or printed on or after that date. (4) An order made under subsection (1) shall, unless a contrary intention is expressed therein, apply to any translation into any language of the publication specified in the order. (5) The Minister may at any time revoke, vary or amend any order made under subsection (1).


document_id: upa-1967
provision_ref: s6
section: 6
title: Offences
content:
6. —(1) Any person who imports, publishes, sells, offers for sale, supplies, offers to supply, exhibits, distributes or reproduces any prohibited publication or any extract therefrom shall be guilty of an offence and shall be liable on conviction for a first offence to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both, and for a subsequent offence to imprisonment for a term not exceeding 4 years. (2) Any person who without reasonable excuse has in his possession any prohibited publication or any extract therefrom shall be guilty of an offence and shall be liable on conviction for a first offence to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both, and for a subsequent offence to imprisonment for a term not exceeding 2 years. (3) In any proceedings against any person for an offence under subsection (2), that person shall be presumed, until the contrary is proved, to have known the contents and the nature of the contents of any publication immediately after such publication came into his possession.


document_id: upa-1967
provision_ref: s7
section: 7
title: Delivery of prohibited publication to police station
content:
7. —(1) Any person — ( a ) to whom any prohibited publication or any extract therefrom is sent without his knowledge or privity or is sent in response to a request made by that person before the prohibition of the importation, sale or circulation of such publication came into effect; or ( b ) who has such a publication or extract therefrom in his possession at the time when the prohibition of its importation, sale or circulation comes into effect, shall forthwith, as soon as the nature of its contents has become known to him, or in the case of a publication or extract therefrom coming into the possession of that person before an order prohibiting its importation, sale or circulation has been made upon the coming into effect of that order, deliver such publication or extract therefrom to the officer in charge of a police station. (2) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: upa-1967
provision_ref: s8
section: 8
title: Power to examine packages
content:
8. —(1) Any — ( a ) officer of a postal licensee not below the rank of postal superintendent; ( b ) senior officer of customs; ( c ) police officer not below the rank of sergeant; and ( d ) other officer authorised in that behalf by the Minister, may detain, open and examine any package or article which he suspects to contain any prohibited publication or extract therefrom and during such examination may detain any person importing, distributing or posting such package or article, or in whose possession such package or article is found. [4/2003; 34/2007] (2) If any prohibited publication or extract therefrom is found in such package or article, the whole package or article may be impounded and retained by the officer and the person importing, distributing or posting it, or in whose possession it is found, may forthwith be arrested by such officer and proceeded against for the commission of an offence under section 6 or 7, as the case may be. (3) In this section, “senior officer of customs” has the same meaning as in the Customs Act 1960. [4/2003]


document_id: upa-1967
provision_ref: s9
section: 9
title: Forfeiture
content:
9. A court before which any proceedings are taken under this Act, if satisfied that any document produced in the proceedings is a prohibited publication or an extract therefrom, shall, whether the alleged offender is convicted or not, order such publication or extract therefrom to be forfeited to the Commissioner of Police, who shall order it to be destroyed or otherwise disposed of in such manner as he thinks fit.


document_id: upa-1967
provision_ref: s10
section: 10
title: Issue of search warrant
content:
10. —(1) Whenever it appears to any Magistrate upon information and after such inquiry as he thinks necessary that there is reasonable cause to believe that in any premises or place there is concealed or deposited any prohibited publication or extract therefrom, the Magistrate may, by warrant directed to any police officer, empower that officer to enter such premises or place by force if necessary to search for, seize and detain any such publication. (2) Whenever it appears to any police officer, not below the rank of sergeant, that there is reasonable cause to believe that in any premises or place there is concealed or deposited any prohibited publication or extract therefrom, and he has good grounds for believing that, by reason of the delay in obtaining a search warrant, the object of the search is likely to be frustrated, the police officer may enter and search such premises or place as if he were empowered to do so by a warrant issued under subsection (1).


document_id: upa-1967
provision_ref: s11
section: 11
title: Offences involving obscene publications
content:
11. Any person who — ( a ) makes or reproduces, or makes or reproduces for the purposes of sale, supply, exhibition or distribution to any other person; ( b ) imports or has in his possession for the purposes of sale, supply, exhibition or distribution to any other person; or ( c ) sells, offers for sale, supplies, offers to supply, exhibits or distributes to any other person, any obscene publication (not being a prohibited publication) knowing or having reasonable cause to believe the publication to be obscene shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: upa-1967
provision_ref: s12
section: 12
title: Offences involving objectionable publications
content:
12. Any person who — ( a ) makes or reproduces, or makes or reproduces for the purposes of sale, supply, exhibition or distribution to any other person; ( b ) imports or has in his possession for the purposes of sale, supply, exhibition or distribution to any other person; or ( c ) sells, offers for sale, supplies, offers to supply, exhibits or distributes to any other person, any objectionable publication (not being a prohibited publication) knowing or having reasonable cause to believe the publication to be objectionable shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: upa-1967
provision_ref: s13
section: 13
title: Search for and seizure of obscene or objectionable publications
content:
13. —(1) If information is given upon oath to a Magistrate that there is reasonable cause to suspect that there are in any premises or place any obscene or objectionable publications (not being prohibited publications) by means of or in relation to which any offence under section 11 or 12 has been or is about to be committed, or any equipment used or intended to be used for the purpose of exhibiting, making or reproducing those publications, the Magistrate may issue a warrant under his hand by virtue of which any police officer, controller or authorised officer named in the warrant may — ( a ) with such assistance and by such force as is necessary, enter and search the premises or place; ( b ) seize the publications and any equipment used in the exhibition, making or reproduction of those publications; and ( c ) take into custody any person reasonably believed to be in possession of those publications or equipment. (2) The court before which a person is charged with an offence under section 11 or 12 may, whether he is convicted of the offence or not, order that any publication that appears to the court to be a prohibited publication, an obscene or objectionable publication, and any equipment used or intended to be used for exhibiting, making or reproducing the publications in the possession of the alleged offender or before the court, be destroyed or delivered up to the Minister for disposal in such manner as the Minister may direct. (3) Where — ( a ) in proceedings brought under section 11 or 12 in connection with the offence no order is made under subsection (2) as to the publication or equipment; or ( b ) no such proceedings are instituted within 3 months of the seizure, the publication or equipment shall be returned to the person from whom they were seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of the police.


document_id: upa-1967
provision_ref: s14
section: 14
title: Arrest without warrant
content:
14. Any police officer may arrest without warrant any person found or reasonably suspected of committing or attempting to commit or of procuring or abetting any person to commit any offence under this Act, or reasonably suspected of the unlawful possession of any article liable to forfeiture thereunder.


document_id: upa-1967
provision_ref: s15
section: 15
title: Examination of articles coming into Singapore
content:
15. —(1) A controller or any authorised officer may detain, open and examine any article coming into Singapore in any manner whatsoever from any place outside Singapore which he has reason to believe contains or consists of an obscene or objectionable publication. (2) Where, in the course of opening and examining any article under subsection (1), the controller or authorised officer finds any publication that he believes on reasonable grounds to be obscene or objectionable — ( a ) he may detain the article for so long as is necessary to institute proceedings for an offence under this Act; or ( b ) where no such proceedings are instituted within 3 months of the detention, he may return the article to the sender of the article or, if the publication is obscene or objectionable or returning the article is not reasonably practicable, he may, subject to section 20, destroy or cause to be destroyed the article or the contents of the article consisting of any such publication.


document_id: upa-1967
provision_ref: s16
section: 16
title: Examination of persons entering Singapore, etc.
content:
16. —(1) Any importer and any person entering Singapore shall, if he is required to do so by a controller or any authorised officer — ( a ) declare whether or not he has imported or has in his possession any publication; and ( b ) produce the publication for examination. (2) A controller or an authorised officer may — ( a ) examine or search any person entering Singapore or any article which an importer has imported or a person entering Singapore has in his possession for the purpose of ascertaining whether the importer or person has imported or has in his possession an obscene or objectionable publication; and ( b ) detain any such publication produced or found upon the examination or search as the controller or authorised officer believes on reasonable grounds to be obscene or objectionable. (3) Any publication detained under subsection (2)( b ) may be detained for so long as it is necessary to institute proceedings for an offence under this Act or, where no such proceedings are instituted within 3 months of the seizure, the controller or authorised officer — ( a ) may return the article or publication to the person from whom it was seized; or ( b ) if the publication is obscene or objectionable, or returning the article or publication is not reasonably practicable, may — (i) subject to section 20, destroy or cause to be destroyed the article or publication; or (ii) order the publication to be exported forthwith from Singapore. (4) Any person who fails to comply with any requirement made by a controller or an authorised officer under subsection (1) shall be guilty of an offence and shall be liable — ( a ) in the case of a person entering Singapore, to a fine not exceeding $1,000; or ( b ) in the case of an importer, to a fine not exceeding $5,000.


document_id: upa-1967
provision_ref: s17
section: 17
title: Corporate offenders and unincorporated associations
content:
17. —(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. [34/2002] (2) Where the affairs of the body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. [34/2002] (3) Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to service of documents shall have effect as if the association were a corporation. [34/2002] (4) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. [34/2002] (5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, the officer or member as well as the association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. [34/2002] (6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to a body corporate or unincorporated association formed or recognised under the law of a country or territory outside Singapore. [34/2002] (7) In this section — “officer” — ( a ) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body or person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, a member of the committee of the association, or any person holding a position analogous to that of president, secretary or member of the committee; “partner” includes a person purporting to act as a partner. [34/2002]


document_id: upa-1967
provision_ref: s18
section: 18
title: Appointment of controllers and authorised officers
content:
18. —(1) The Minister may appoint any person to be a controller for the purposes of this Act. [34/2002] [Act 5 of 2025 wef 09/03/2025] (2) The Minister shall appoint from among the controllers a Chief Controller who shall exercise general supervision over the other controllers and all authorised officers and carry out such other duties as are assigned to him under this Act. [Act 5 of 2025 wef 09/03/2025] (2A) An appointment under subsection (1) or (2) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (3) The Minister may also appoint any other person to be an authorised officer to assist any controller or the Chief Controller in the discharge of his duties under this Act. [34/2002] (4) In the exercise of their powers and in carrying out their duties under this Act, the Chief Controller and all controllers and authorised officers shall be guided by such general or special directions as may, from time to time, be given to them by the Minister.


document_id: upa-1967
provision_ref: s19
section: 19
title: Bar to legal proceedings
content:
19. No legal proceedings whatsoever shall lie or be instituted or maintained in any court for or on account of any loss of or damage to any article or publication seized, detained, confiscated or destroyed under any provision of this Act, or for or on account of any delay in the delivery or return of the article or publication to the person to whom the article or publication would otherwise have been delivered or returned.


document_id: upa-1967
provision_ref: s20
section: 20
title: Appeals
content:
20. —(1) Any person aggrieved by the detention of any article or publication under section 15 or 16 may appeal against such detention to the Minister whose decision shall be final and shall not be called in question in any court. (2) No appeal under subsection (1) shall be allowed unless notice of appeal in writing together with the reasons for the appeal is given to the Minister within 14 days of the date of service of the notification referred to in subsection (3). (3) A controller or an authorised officer shall notify the addressee or consignee of any article detained under section 15 or the person from whom any publication has been seized and detained under section 16 of his right to appeal under subsection (1). (4) A notification given by a controller or an authorised officer under subsection (3) may be given personally or may be served by post and the day on which a notification which has been posted would be received in the ordinary course of post shall be deemed to be the date of service of the notification. (5) Notwithstanding any other provisions of this Act, no article or publication shall be destroyed under section 15 or 16 unless its detention has not been appealed against or an appeal against its detention has been dismissed or abandoned.


document_id: upa-1967
provision_ref: s21
section: 21
title: Exemptions
content:
21. —(1) Where any publication is a prohibited publication, an obscene or objectionable publication under this Act, any person may apply to the Minister for an exemption from any of the provisions of this Act in respect of that publication. (2) Every application shall be in the form provided for the purpose by the Chief Controller and shall be accompanied by such fee as the Minister may prescribe by regulations. (3) On receiving an application under this section in relation to a publication, the Minister, if satisfied that the publication should be made available to a limited class of persons or to a particular person for educational, professional, scientific, artistic or technical reasons, may exempt that class of persons or that person from any such provision of this Act as he may specify in respect of that publication for such period as he thinks fit. (4) An exemption under this section may be granted absolutely or subject to such conditions as may be specified by the Minister. (5) All fees collected under this section are to be paid to the Info‑communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016. [22/2016]


document_id: uraa-1989
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Urban Redevelopment Authority established by section 3; “building” includes any house, flat, hut, shed, roofed enclosure or other accommodation, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing stage or bridge, or any structure or foundation connected to the foregoing; “Chairperson” means the Chairperson of the Authority and includes any temporary Chairperson of the Authority; “chief executive” means the chief executive of the Authority, and includes any individual acting in that capacity; “develop” has the meaning given by section 12 of the Planning Act (Cap. 232, 1990 Revised Edition); “developed land” means land of the Authority upon which a building has been erected; “flat” means a horizontal stratum of a building or part thereof, whether such stratum or part is on one or more levels or is partially or wholly below the surface of the ground; “former Authority” means the Urban Redevelopment Authority established under the repealed Act; “Inland Revenue Authority of Singapore” means the Inland Revenue Authority of Singapore established under the Inland Revenue Authority of Singapore Act 1992; “Jurong Town Corporation” means the Jurong Town Corporation established under the Jurong Town Corporation Act 1968; “land” includes benefits to rise out of land and things attached to the earth or permanently fastened to anything attached to the earth; “member” means a member of the Authority; “monument” has the meaning given by the Preservation of Monuments Act 2009; “Planning Department” means the Planning Department of the Ministry of National Development; “property” includes houses, buildings, lands and tenements; “repealed Act” means the Urban Redevelopment Authority Act (Cap. 340, 1985 Revised Edition) repealed by this Act; “Research and Statistics Unit” means the Research and Statistics Unit of the Ministry of National Development; “unit” includes a flat, a shop, an office or other tenement within an urban redevelopment area; “urban redevelopment” includes the construction, reconstruction, extension, repair, alteration, change of use, aggregation and subdivision of a building and change of use, aggregation and subdivision of land; “urban redevelopment area” means an area, with or without any building therein, declared by notification in the Gazette under section 8(1) to be an urban redevelopment area for the purposes of this Act. [11/2003; 16/2009; 20/2013; 5/2018]


document_id: uraa-1989
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AUTHORITY
section: 3
title: Establishment of Authority
content:
3. A body called the Urban Redevelopment Authority is established, which is a body corporate with perpetual succession and with power to — ( a ) sue and be sued in its corporate name; ( b ) acquire and dispose of property, both movable and immovable; ( c ) perform any other acts that bodies corporate may by law perform; and ( d ) exercise any other powers that are conferred under or by virtue of this Act.


document_id: uraa-1989
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AUTHORITY
section: 4
title: Constitution of Authority
content:
4. —(1) The Authority consists of — ( a ) a Chairperson; and ( b ) not less than 4 and not more than 12 other members. [29/2003] (2) The First Schedule has effect with respect to the Authority, its members and proceedings.


document_id: uraa-1989
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AUTHORITY
section: 5
title: Common seal and execution of documents
content:
5. —(1) The Authority must have a common seal that may be broken, changed, altered and made anew as the Authority thinks fit. (2) All deeds, documents and other instruments requiring the seal of the Authority must be sealed with the common seal of the Authority and every instrument to which the common seal is affixed must be — ( a ) signed by an officer of the Authority; and ( b ) countersigned by a member of the Authority or by some other person duly authorised in writing by the Authority for that purpose. (3) The signing in subsection (2)( a ) and ( b ) is sufficient evidence that the common seal was duly and properly affixed and that the seal is the lawful seal of the Authority. (4) The Authority may by resolution or otherwise in writing appoint an officer of the Authority or any other agent either generally or in a particular case to execute or sign on behalf of the Authority an agreement or other instrument not under seal in relation to any matter coming within the powers of the Authority. (5) Section 11 of the Registration of Deeds Act 1988 does not apply to an instrument purporting to have been executed under subsection (2).


document_id: uraa-1989
provision_ref: s6
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 6
title: Functions and duties of Authority
content:
6. The functions and duties of the Authority are — ( a ) to prepare or execute or prepare and execute proposals, plans and projects for — (i) the clearance, development and redevelopment of such land as the Authority may think fit for the purpose of resettling persons displaced by operations of the Authority and other resettlement projects approved by the Minister or for any other purpose; (ii) the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose; and (iii) the provision and improvement of services and facilities for — (A) the promotion of public safety, recreation and welfare; and (B) the parking of vehicles; ( b ) to superintend parking places; ( c ) to sell, lease or grant licences to use or occupy such land belonging to the Authority for the purposes of the development and redevelopment of the land as the Authority may think fit; ( d ) to sell, lease or grant licences to use or occupy land or other property as agent for the Government or any statutory authority when appointed to do so, for the purposes of the development and redevelopment of the land or property or for any other purpose that the Government or statutory authority may specify; ( e ) to manage such lands, buildings or other property as the Authority may think fit; ( f ) to submit or make recommendations or proposals to the Government or any person or statutory body for the preservation and protection of any monument and land of historic, traditional, archaeological, architectural or aesthetic interest; ( g ) to provide information and advice to and act as agent and consultant for such Government department, person, company and corporation carrying on or intending to carry on a building project or scheme or urban redevelopment in Singapore or elsewhere as the Authority may think fit; ( h ) to undertake land planning and to manage and control the development of land in Singapore; ( i ) to inform and advise the Government on matters relating to land planning and the development of land in Singapore; ( j ) to secure and promote publicity in any form in Singapore or elsewhere of the functions and activities of the Authority; ( k ) to collect, compile and analyse information of a statistical nature relating to building, construction, land use, recreation or such other subject matter necessary for the performance of the functions and duties imposed upon the Authority by or under this Act or any other written law, and to publish and disseminate the results of any such compilation and analysis or abstracts of those results; ( l ) to provide advisory and information services; ( m ) to conduct, promote and encourage research in matters connected with one or more of the Authority’s purposes and functions; and ( n ) to carry out such other functions and duties as are imposed upon the Authority by or under this Act or any other written law. [29/2003]


document_id: uraa-1989
provision_ref: s7
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 7
title: Powers of Authority
content:
7. —(1) Subject to the provisions of this Act, the Authority may — ( a ) carry on any activities that appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its duties and functions under this Act; and ( b ) in particular, exercise one or more of the powers specified in the Second Schedule. (2) The Authority may, in addition to the powers vested in it by subsection (1), exercise such other powers as the Minister may in writing authorise the Authority to exercise. (3) The Authority, when it is exercising powers authorised by the Minister under subsection (2), is deemed to be exercising powers vested in it by subsection (1). (4) This section is not to be construed as limiting any power of the Authority conferred by or under any other written law.


document_id: uraa-1989
provision_ref: s8
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 8
title: Declaration of urban redevelopment areas
content:
8. —(1) The Authority may, with the approval of the Minister, by notification in the Gazette declare an area, with or without any building in the area, to be an urban redevelopment area for the purposes of this Act. (2) A declaration made under subsection (1) must contain the following particulars: ( a ) the town subdivision or mukim in which the area is situated; ( b ) the lot number of the area, its approximate area and all other particulars necessary for identifying it; ( c ) if a plan of the area has been made, the place and time where and when the plan may be inspected. (3) The declaration must state that such area may be acquired by the Government within 3 years from the date of the notification in the Gazette or within such extended period as the President may think fit. (4) Upon publication of the notification in the Gazette , such area is deemed to be an urban redevelopment area for the purposes of this Act.


document_id: uraa-1989
provision_ref: s9
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 9
title: Incorporated companies may be formed
content:
9. The Authority may, with the written approval of the Minister, form or participate in the formation of a company.


document_id: uraa-1989
provision_ref: s10
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 10
title: Gifts
content:
10. The Authority may accept gifts, legacies or donations and apply them for one or more of its functions or duties.


document_id: uraa-1989
provision_ref: s11
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 11
title: Authority may make ex gratia payments
content:
11. The Authority may, with the approval of the Minister, make an ex gratia payment to a person sustaining damage by reason of the exercise of one or more of the powers vested in the Authority or its employees under and by virtue of this Act.


document_id: uraa-1989
provision_ref: s12
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 12
title: Powers of Minister in relation to Authority
content:
12. —(1) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority must provide the Minister with such information or facilities for obtaining information with respect to its property and the exercise of its functions in such manner and at such times as the Minister may reasonably require.


document_id: uraa-1989
provision_ref: s13
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 13
title: Submission of projects by Authority
content:
13. —(1) The Authority must, from time to time, prepare and submit to the Minister proposals, plans and projects showing the nature of the work proposed to be executed and other steps proposed to be undertaken by the Authority under sections 6, 7 and 12. (2) The Minister may reject or approve any proposal, plan or project mentioned in subsection (1) or any part thereof either without modification or subject to such modification as the Minister may think fit. (3) Every proposal, plan or project submitted by the Authority under this section must be in such form and contain such particulars as the Minister may direct.


document_id: uraa-1989
provision_ref: s14
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 14
title: Appointment of committees and delegation of powers
content:
14. —(1) The Authority may appoint from among its own members or other persons who are not members, any number of committees 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 may impose, delegate to any such committee or the Chairperson or the chief executive one or more of the functions, duties and powers vested in the Authority by or under this Act or any other written law, except the power to borrow money; and any power, function or duty so delegated may be exercised or performed by such committee or the Chairperson or the chief executive (as the case may be) in the name and on behalf of the Authority. (3) The Authority may, subject to any conditions or restrictions that it may impose, delegate to an employee of the Authority one or more of the Authority’s functions and duties vested in the Authority by or under this Act or any other written law, except the power to borrow money or to raise or grant loans or advances to or subscribe to stocks, shares, bonds or debentures of a company or corporation; and any power, function or duty so delegated may be exercised or performed by such employee in the name and on behalf of the Authority.


document_id: uraa-1989
provision_ref: s15
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 15
title: Power to make standing orders
content:
15. The Authority may, with the approval of the Minister, make standing orders providing for every matter in regard to which standing orders may be made under this Act and, in particular, for the following: ( a ) the method of entering into contracts by or on behalf of the Authority; ( b ) the delegation of powers to officers of the Authority; ( c ) the opening, keeping, closing and internal audit of accounts of the Authority; ( d ) loans and allowances to officers of the Authority; ( e ) housing accommodation for officers of the Authority; and ( f ) the professional and technical training of officers of the Authority.


document_id: uraa-1989
provision_ref: s16
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 16
title: Power to enter upon lands
content:
16. —(1) The Authority may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours in the day into and upon a building or land for the purpose of — ( a ) making any survey or inspection; and ( b ) executing work authorised by this Act to be executed by them, without being liable to any legal proceedings or molestation on account of such entry or of anything done in a part of such building or land pursuant to this Act. (2) An employee, agent or contractor of the Authority, or a person acting on behalf of the Authority, must not enter into a building in actual occupation without the consent of the occupier of the building or without 6 hours’ previous notice to the occupier.


document_id: uraa-1989
provision_ref: s17
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 17
title: Regulations
content:
17. —(1) The Authority may, with the approval of the Minister, make such regulations as are necessary for carrying into effect the provisions of this Act. (2) Without limiting subsection (1), the Authority may make regulations for one or more of the following purposes: ( a ) the control and management of lands and buildings acquired by, vested in or belonging to, the Authority; ( b ) the use and enjoyment of those lands, buildings and other property; ( c ) the prevention of trespass upon or on any of those lands and buildings and the removal of trespassers or other persons causing annoyance or inconvenience upon or in those lands and buildings. (3) The Authority may, in making any regulations under this section, provide that a contravention of or failure to comply with the regulations shall be an offence and may prescribe as a penalty in respect of such offence — ( a ) a fine not exceeding the sum of $2,000 or imprisonment for a term not exceeding 3 months or both; and ( b ) in the case of a continuing offence, a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: uraa-1989
provision_ref: s18
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 18
title: Chief executive
content:
18. —(1) There must be a chief executive 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 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]


document_id: uraa-1989
provision_ref: s19
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 19
title: Appointment of staff
content:
19. —(1) 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] (2) The termination of appointment, dismissal and disciplinary control of the employees of the Authority is vested in the Authority. (3) The Authority may make rules, not inconsistent with the provisions of this Act or of any other written law, for the appointment, promotion, dismissal, termination of service, disciplinary control and terms and conditions of service of all persons employed by the Authority.


document_id: uraa-1989
provision_ref: s20
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 20
title: Protective provisions
content:
20. No matter or thing done and no contract of any kind entered into by the Authority and no matter or thing done by a member or employee of the Authority or by any other person acting under the direction of the Authority shall, if the matter or thing was done or the contract was entered into in good faith for the purpose of executing the provisions of this Act, subject such member, employee or person acting under the direction of the Authority personally to any action, liability, claim or demand in respect thereof. 21. [ Repealed by Act 5 of 2018 ]


document_id: uraa-1989
provision_ref: s22
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22
title: Borrowing powers
content:
22. —(1) The Authority may, for the purposes of this Act, raise loans from the Government or, with the approval of the Minister, from any other source, either by creation and issue of debentures, stocks or bonds, or otherwise, as the Minister may direct. (2) The Authority must pay interest on such loans at such rates and at such times, and make such provision for the mode and time or times of repayment of principal, as the Minister may approve. (3) The Authority may, with the consent of the Minister, from time to time borrow by way of a temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require — ( a ) for the purpose of defraying expenses pending the receipt of revenues receivable by it in respect of the period of account in which those expenses are chargeable; or ( b ) for the purpose of defraying, pending the receipt of money due in respect of a loan authorised to be raised under subsection (1), expenses intended to be defrayed by such loan.


document_id: uraa-1989
provision_ref: s22A
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22A
title: Issue of shares, etc.
content:
22A. 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. [5/2002]


document_id: uraa-1989
provision_ref: s23
chapter: PART 5 - FINANCIAL PROVISIONS
section: 23
title: Loans charged upon revenues of Authority
content:
23. All loans raised by the Authority under section 22, together with all interest and other sums payable in respect of those loans, must be charged indifferently upon all the revenues of the Authority and rank equally with one another, with priority over any other charge on the revenues of the Authority.


document_id: uraa-1989
provision_ref: s24
chapter: PART 5 - FINANCIAL PROVISIONS
section: 24
title: Provision of working capital
content:
24. For the purpose of enabling the Authority to carry out its objects and to defray expenditure properly chargeable to capital account, including defraying initial expenses, and for the provision of working capital, the Minister may authorise payment to the Authority of such sums as the Minister may determine.


document_id: uraa-1989
provision_ref: s25
chapter: PART 5 - FINANCIAL PROVISIONS
section: 25
title: Annual estimates
content:
25. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Authority, 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 Authority, and the Authority is bound by the Minister’s decision. [5/2018] (4) The Authority may transfer all or part of moneys assigned to one item of expenditure to another under the same head of expenditure in supplementary estimates approved by the Minister. (5) A summary of the annual estimates and supplementary estimates adopted by the Authority and approved by the Minister must be published in the Gazette . 26. [ Repealed by Act 5 of 2018 ]


document_id: uraa-1989
provision_ref: s27
chapter: PART 5 - FINANCIAL PROVISIONS
section: 27
title: Power of investment
content:
27. 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. [45/2004]


document_id: uraa-1989
provision_ref: s28
chapter: PART 5 - FINANCIAL PROVISIONS
section: 28
title: Application of profits of Authority
content:
28. The Minister may, after consultation with the Authority, give directions to the Authority as to the manner in which its profits are to be applied.


document_id: uraa-1989
provision_ref: s29
chapter: PART 5 - FINANCIAL PROVISIONS
section: 29
title: Financial provisions
content:
29. The financial provisions set out in the Third Schedule have effect with respect to the Authority.


document_id: uraa-1989
provision_ref: s30
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS
section: 30
title: Dissolution of Planning Department and former Authority, etc.
content:
30. As from 1 September 1989, the Planning Department, the Research and Statistics Unit and the former Authority cease to exist.


document_id: uraa-1989
provision_ref: s31
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS
section: 31
title: Transfer of assets and liabilities
content:
31. —(1) Subject to subsection (2), as from 1 September 1989 — ( a ) all movable property vested in the Government immediately before that date for the purposes of the Planning Department and the Research and Statistics Unit, and all assets, rights or interests vested in, and all outstanding debts, liabilities and obligations incurred by, the Government in connection therewith; and ( b ) all the lands, buildings and other property movable and immovable, vested in the former Authority immediately before that date and all assets, rights and interests vested in, and all outstanding debts, liabilities and obligations incurred by, the former Authority in connection therewith, are transferred to and vest in the Authority without further assurance. (2) Subsection (1) does not apply to any rights and interests vested in, and any outstanding liabilities and obligations incurred by, the former Authority immediately before 1 September 1989 in connection with all sums of moneys paid or payable by way of instalments to the former Authority, or the payment of which is secured to the satisfaction of the former Authority, pursuant to section 49(3)( b ) of the repealed Act. (3) If any question arises as to whether any particular movable property vested in the Government, or whether any particular asset, right, interest, liability or obligation of the Government has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, right, interest, liability or obligation was or was not so transferred or vested. (4) No disclosure to the Authority under this section of information collected by the Research and Statistics Unit before 1 September 1989 shall be called in question on the ground that such disclosure is contrary to section 5 of the Statistics Act 1973 or in breach of confidence.


document_id: uraa-1989
provision_ref: s32
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS
section: 32
title: Existing agreements, etc.
content:
32. All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before 1 September 1989, affecting any of the property, rights, interests, liabilities and obligations transferred to or vested in the Authority under section 31(1) continue in force on and after that date and are enforceable by or against the Authority as if, instead of the Government or the former Authority or a person acting on behalf of either the Government or the former Authority, the Authority had been named therein or had been a party thereto. 33. [ Omitted as spent ]


document_id: uraa-1989
provision_ref: s34
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS
section: 34
title: Transfer of employees
content:
34. —(1) As from 1 September 1989, every person who immediately before that date is employed by the Government in the Planning Department or the Research and Statistics Unit, or by the former Authority, is transferred to the service of the Authority on terms not less favourable than those enjoyed by him or her immediately prior to his or her transfer. (2) Despite subsection (1), persons holding such grades in the Planning Department or the Research and Statistics Unit as the Minister may determine must as soon as practicable be given the option of remaining in the service of the Government. (3) Nothing in this section precludes the secondment to the Authority of officers in the employment of the Government on such terms as may be agreed upon by the Government and the Authority.


document_id: uraa-1989
provision_ref: s35
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS
section: 35
title: Conditions of service
content:
35. —(1) Until such time as terms and conditions of service are drawn up by the Authority, the schemes and terms and conditions of service in the Government or the former Authority continue to apply to every person transferred to the service of the Authority under section 34 as if the person were still in the service of the Government or the former Authority, as the case may be. (2) The terms and conditions to be drawn up by the Authority 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 Authority under section 34 while in the employment of the Government or former Authority and any such term or condition relating to the length of service with the Authority must provide for the recognition of service under the Government or former Authority by the person so transferred to be service by them under the Authority.


document_id: uraa-1989
provision_ref: s36
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS
section: 36
title: Pension benefits
content:
36. —(1) Nothing in the terms and conditions to be drawn up by the Authority is to adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (2) In every case where a person employed by the Government in the Planning Department or the Research and Statistics Unit has been transferred to the service of the Authority under section 34, the Government shall be liable to pay to the Authority such portion of any gratuity, pension or allowance payable to such person on his or her retirement or otherwise leaving the service of the Authority as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during his or her service with the Government bears to the aggregate amount of the person’s pensionable emoluments during his or her service under both the Government and the Authority. (3) Where any person in the service of the Authority whose case does not come within the scope and effect of any pension or other schemes mentioned in this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to the person or to such other person or persons wholly or partly dependent on him or her, as the Authority may think fit, such allowance or gratuity as the Authority may determine. (4) Where any person who is transferred to the service of the Authority under section 34 is a contributor under the Widows’ and Orphans’ Pension Act 1904, the person must for the purposes of that Act continue to make contributions under that Act as if he or she had not been transferred to the service of the Authority, and for the purposes of that Act the person’s service with the Authority is deemed to be service with the Government.


document_id: uraa-1989
provision_ref: s37
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS
section: 37
title: No benefits in respect of abolition or reorganisation of office
content:
37. Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Authority under section 34 is entitled to claim any benefit under the Pensions Act 1956 on the ground that the person has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Authority. 38. [ Repealed by Act 11 of 2003 ]


document_id: uraa-1989
provision_ref: s39
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS
section: 39
title: Continuation and completion of disciplinary proceedings
content:
39. —(1) Where on 1 September 1989 any disciplinary proceedings were pending against any employee of the Government or the former Authority who has been transferred to the service of the Authority under section 34, the proceedings are to be carried on and completed by the Authority under and in conformity with this Act as far as practicable; but where on that date any matter was in the course of being heard or investigated or had been heard or investigated by the Government, the former Authority or a committee acting under due authority and no order or decision had been rendered thereon, the Government, the former Authority or committee continues to exist, despite this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision, as the case may be. (2) For the purposes of completing a hearing or investigation before it, or making an order or rendering a decision on a matter heard or investigated before 1 September 1989, the Government, the former Authority or committee must complete the hearing or investigation in accordance with the authority vested in the Government, the former Authority or committee immediately before that date and make such order, rule or direction as the Government, the former Authority or committee could have made under the authority vested in it immediately before that date. (3) Any order, rule or direction made or given by the Government, the former Authority or committee pursuant to this section is treated as an order, rule or direction of the Authority and has the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act.


document_id: uraa-1989
provision_ref: s40
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS
section: 40
title: Misconduct or neglect of duty by employee before transfer
content:
40. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while the person was in the employment of the Planning Department, the Research and Statistics Unit or the former Authority, been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner by the Government or the former Authority or any other person acting under its authority or direction or otherwise, as if this Act had not been enacted.


document_id: uraa-1989
provision_ref: s42
chapter: PART 7 - SALE OF UNITS
section: 42
title: Special provisions
content:
42. For the purposes of the registration of an assurance pertaining to the sale by the Authority of any unit, the mortgage of such unit in favour of the Authority or the reconveyance or discharge of such mortgage — ( a ) in the case of land registered under the provisions of the Registration of Deeds Act 1988, section 11 of that Act does not apply; and ( b ) in the case of land registered under the provisions of the Land Titles Act 1993, where a solicitor is not employed by the party acquiring title under an instrument relating to the transactions mentioned in this section, a certificate of an officer authorised in writing in that behalf by the Authority, is sufficient for the purposes of section 59(3) of that Act. [20/2013]


document_id: uraa-1989
provision_ref: s43
chapter: PART 8 - MISCELLANEOUS
section: 43
title: Authority’s symbol
content:
43. —(1) The Authority has the exclusive right to the use of such symbol or representation as it may select or devise (called in this section the Authority’s symbol) and display or exhibit the Authority’s symbol in connection with its activities or affairs. (2) A person who without the permission of the Authority uses a symbol or representation identical with that of the Authority’s symbol, or which so resembles the Authority’s symbol as to or be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: uraa-1989
provision_ref: s44
chapter: PART 8 - MISCELLANEOUS
section: 44
title: Furnishing of information
content:
44. —(1) The Authority or any employee of the Authority authorised by the Authority in that behalf may, for the purpose of obtaining statistical information, by notice require any person to furnish to the Authority or the employee so authorised, within such period as is specified in the notice, all such particulars or information relating to all such matters as the Authority may require and as are within the person’s knowledge or in the person’s custody or under the person’s control. (2) Subject to subsection (6), a notice issued under subsection (1) may be served in the following manner: ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business; (iv) by affixing a copy of the notice in a conspicuous place at the usual or last known address of the individual’s place of residence or place of business; or (v) by sending an electronic communication of the notice to the last email address given to the Authority by the individual as the email address for the service of documents on the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other like officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; (iii) by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; or (iv) by sending an electronic communication of the notice to the last email address given to the Authority by the partnership as the email address for the service of documents on the partnership; ( c ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof, or to any person having, on behalf of the limited liability partnership or other body corporate, powers of control or management over the business, occupation, work or matter to which the notice relates; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal place of business of the limited liability partnership or other body corporate in Singapore; (iii) by sending it by fax to the fax number operated at the registered office or principal place of business of the limited liability partnership or other body corporate in Singapore or elsewhere; or (iv) by sending an electronic communication of the notice to the last email address given to the Authority by the limited liability partnership or other body corporate as the email address for the service of documents on the limited liability partnership or body corporate. [20/2013] (3) If the person on whom service is to be effected has an agent within Singapore, the notice may be delivered to the agent. [20/2013] (4) Any notice issued under subsection (1) which is to be served on the occupier of any premises — ( a ) may be served by delivering it to an adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice to a conspicuous part of the premises; and ( b ) is deemed to be properly addressed if addressed by the description of the occupier of the premises without further name or description. [20/2013] (5) Where any notice issued under subsection (1) and required to be served on any person is — ( a ) sent by registered post to any person in accordance with subsection (2) — it is deemed to be duly served on the person at the time it would, in the ordinary course of post, be delivered, whether or not it is returned undelivered, and in proving service of the notice, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post; ( b ) sent by ordinary post to any person in accordance with subsection (2) — it is deemed to be duly served on the person to whom it is addressed on the day after the day on which it would, in the ordinary course of post, be delivered; ( c ) sent by fax to the fax number operated at the last known place of residence or business or registered office or principal place of business in accordance with subsection (2) — it is deemed to be duly served on the person to whom it is addressed on the day of transmission, if a notification (by electronic or other means) of a successful transmission to that fax number is received; and ( d ) sent by electronic communication to an email address in accordance with subsection (2) — it is deemed to be duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address. [20/2013] (6) Service of any notice under this section on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address. [20/2013] (7) Any person who on being required by notice under this section to furnish any particulars or information — ( a ) wilfully refuses or without lawful excuse (the proof of which lies on the person) neglects to furnish the particulars or information within the time specified in the notice; or ( b ) wilfully furnishes or causes to be furnished any false particulars or information in respect of any matter specified in the notice requiring particulars or information to be furnished, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (8) Nothing in this section authorises the Authority, or any employee authorised by the Authority in that behalf, to require the Inland Revenue Authority of Singapore or the Jurong Town Corporation to furnish to the Authority or the employee so authorised — ( a ) any particulars or information in the possession of the Inland Revenue Authority of Singapore obtained in the performance of any of its functions; or ( b ) any particulars or information in the possession of the Jurong Town Corporation obtained pursuant to any notice under section 35A of the Jurong Town Corporation Act 1968. [20/2013]


document_id: uraa-1989
provision_ref: s44A
chapter: PART 8 - MISCELLANEOUS
section: 44A
title: Request for information from Inland Revenue Authority of Singapore and Jurong Town Corporation
content:
44A. —(1) For the purpose of obtaining data for statistical purposes relating to property in Singapore, the Authority may in writing require — ( a ) the Inland Revenue Authority of Singapore to supply to the Authority any particulars or information in the possession of the Inland Revenue Authority of Singapore that it obtained in the performance of its function as an agent of the Government in administering, assessing, collecting and enforcing payment of property tax or stamp duties; or ( b ) the Jurong Town Corporation to supply to the Authority any particulars or information in the possession of the Jurong Town Corporation obtained pursuant to any notice under section 35A of the Jurong Town Corporation Act 1968. [20/2013] (2) Despite the provisions of the Inland Revenue Authority of Singapore Act 1992 and the Jurong Town Corporation Act 1968, the Inland Revenue Authority of Singapore and the Jurong Town Corporation, respectively, must provide the particulars and information required under subsection (1) within such time as may be agreed to between the Authority and the Inland Revenue Authority of Singapore or the Jurong Town Corporation, as the case may be. [20/2013]


document_id: uraa-1989
provision_ref: s45
chapter: PART 8 - MISCELLANEOUS
section: 45
title: Preservation of secrecy
content:
45. —(1) Any member, officer or employee of the Authority must not disclose any particulars or information which has been obtained by the member, officer or employee in the performance of his or her duties or the exercise of his or her function under section 44 or 44A unless — ( a ) the disclosure is with the previous consent in writing of the person who furnished the particulars or information under section 44 or the person to whom the particulars or information relate; ( b ) the disclosure is as statistics which do not identify the person who furnished the particulars or information under section 44 or the person to whom the particulars or information relate; ( c ) the disclosure is to the Jurong Town Corporation pursuant to its request made under section 35B of the Jurong Town Corporation Act 1968; ( d ) the disclosure is to the Chief Statistician pursuant to his direction under section 6 of the Statistics Act 1973 where the particulars or information are not exempted under section 6(2) of that Act from being so furnished; ( e ) the disclosure is for the purpose of another member, officer or employee of the Authority carrying into effect the provisions of this Act; ( f ) the disclosure is for the purposes of any proceedings for an offence under section 44(7) or this section or any report of those proceedings; or ( g ) the particulars or information are already in the public domain at the time of its disclosure. [20/2013] (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 one year or to both.


document_id: uraa-1989
provision_ref: s46
chapter: PART 8 - MISCELLANEOUS
section: 46
title: Obstructing officers of Authority
content:
46. Any person who obstructs or hinders an officer or agent of the Authority acting in the discharge of his or her duty under this Act or any regulations made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: uraa-1989
provision_ref: s47
chapter: PART 8 - MISCELLANEOUS
section: 47
title: Proceedings conducted by officers of Authority
content:
47. Any proceedings in respect of an offence under this Act or any regulations made under this Act may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Authority or an officer of the Government authorised in writing in that behalf by the chief executive. [15/2010]


document_id: uraa-1989
provision_ref: s48
chapter: PART 8 - MISCELLANEOUS
section: 48
title: Consent of Public Prosecutor
content:
48. No court is to try an offence under this Act or any regulations made under this Act except with the consent of the Public Prosecutor. [15/2010]


document_id: uraa-1989
provision_ref: s49
chapter: PART 8 - MISCELLANEOUS
section: 49
title: Exclusion of liability for errors or omissions in information supplied
content:
49. Where the Authority provides a service to the public whereby information is supplied to the public on payment of a prescribed fee, neither the Authority nor any of its employees involved in the supply of such information shall be liable for any loss or damage suffered by members of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of such employees.


document_id: uraa-1989
provision_ref: s50
chapter: PART 8 - MISCELLANEOUS
section: 50
title: Offence by body corporate
content:
50. Where an offence under this Act or any regulations made under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to an act or default on the part of — ( a ) a director, manager, secretary or other similar officer of the body corporate; or ( b ) a 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.


document_id: uraa-1989
provision_ref: s51
chapter: PART 8 - MISCELLANEOUS
section: 51
title: Fines to be paid to Authority
content:
51. All fines imposed for an offence under this Act or any regulations made under this Act must be paid into the funds of the Authority.


document_id: uraa-1989
provision_ref: s51A
chapter: PART 8 - MISCELLANEOUS
section: 51A
title: Composition of offences
content:
51A. —(1) The Authority may compound any offence under this Act or any regulations made under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000. [29/2003] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [29/2003] (3) The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. [29/2003] (4) All sums collected under this section must be paid to the Authority. [29/2003]


document_id: uraa-1989
provision_ref: s52
chapter: PART 8 - MISCELLANEOUS
section: 52
title: Exemption
content:
52. —(1) Despite the provisions of this Act, the Minister may by order exempt any person or class of persons from all or any of the provisions of this Act. (2) Any order made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: uraa-1989
provision_ref: s53
chapter: PART 8 - MISCELLANEOUS
section: 53
title: Saving and transitional provisions
content:
53. —(1) The saving and transitional provisions in the Fourth Schedule have effect. (2) Except as provided in the Fourth Schedule, nothing in that Schedule affects any saving provided by the Interpretation Act 1965.


document_id: va-1966
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act — “act of vandalism” means — ( a ) without the written authority of an authorised officer or representative of the Government or of the government of any Commonwealth or foreign country or of any statutory body or authority or of any armed force lawfully present in Singapore in the case of public property, or without the written consent of the owner or occupier in the case of private property — (i) writing, drawing, painting, marking or inscribing on any public property or private property any word, slogan, caricature, drawing, mark, symbol or other thing; (ii) affixing, posting up or displaying on any public property or private property any poster, placard, advertisement, bill, notice, paper or other document; or (iii) hanging, suspending, hoisting, affixing or displaying on or from any public property or private property any flag, bunting, standard, banner or the like with any word, slogan, caricature, drawing, mark, symbol or other thing; or ( b ) stealing, destroying or damaging any public property; “private property” means movable or immovable property other than public property; “public property” means movable or immovable property belonging to the Government or to the government of any Commonwealth or foreign country or to any statutory body or authority or to any armed force lawfully present in Singapore.


document_id: va-1966
provision_ref: s3
section: 3
title: Penalty for acts of vandalism
content:
3. Notwithstanding the provisions of any other written law, any person who commits any act of vandalism or attempts to do any such act or causes any such act to be done shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years, and shall also, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished with caning with not less than 3 strokes and not more than 8 strokes, except that the punishment of caning shall not be imposed on a first conviction under this Act in the case of any act falling within — ( a ) paragraph ( a )(i) of the definition of “act of vandalism” in section 2, if the writing, drawing, mark or inscription is done with pencil, crayon, chalk or other delible substance or thing and not with paint, tar or other indelible substance or thing; or ( b ) paragraph ( a )(ii) or (iii) of that definition.


document_id: va-1966
provision_ref: s4
section: 4
title: Written authority or written consent to be produced on demand to certain persons
content:
4. —(1) The written authority or the written consent, as the case may be, required under paragraph ( a ) of the definition of “act of vandalism” in section 2 shall be produced on demand to any member of the Singapore Police Force or of the Special Constabulary or of the Auxiliary Police Force or to any member of the naval, military or air force police attached to the Singapore Armed Forces or to any armed force lawfully present in Singapore. (2) Any person who fails, refuses or neglects to produce such written authority or written consent on demand as provided in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.


document_id: va-1966
provision_ref: s5
section: 5
title: Power to seize article or thing in respect of which offence committed
content:
5. Any person mentioned in section 4(1) may seize any poster, placard, bunting, paper or document or any other article or thing in respect of which he reasonably believes an offence to have been committed under this Act or which he reasonably believes to be or to contain evidence relating to such an offence.


document_id: va-1966
provision_ref: s6
section: 6
title: Offences to be arrestable and non-bailable
content:
6. Every offence under the provisions of this Act shall be arrestable and non‑bailable for the purposes of the Criminal Procedure Code 2010.


document_id: va-1966
provision_ref: s7
section: 7
title: Presumption
content:
7. For the purposes of any prosecution under section 411 of the Penal Code 1871, where the stolen property is public property, it shall be presumed, until the contrary is proved, that the person who received or retained that property knew or had reason to believe that the property was stolen public property and also that such person received or retained it dishonestly.


document_id: va-1966
provision_ref: s8
section: 8
title: Revocation of secondhand goods dealer’s licence upon conviction
content:
8. Where any secondhand goods dealer within the meaning of the Secondhand Goods Dealers Act 2007 is convicted under section 411 of the Penal Code 1871 and the stolen property concerned is public property, the court shall, in addition to any other penalty that it may impose, revoke any licence or exemption granted under that Act to the secondhand goods dealer.


document_id: vaa-2018
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “abuse” means — ( a ) physical abuse; ( b ) emotional or psychological abuse; ( c ) conduct or behaviour by an individual that in any other way controls or dominates another individual and causes the other individual to fear for his or her safety or wellbeing; or ( d ) conduct or behaviour by an individual that unreasonably deprives, or threatens to unreasonably deprive, another individual of that other individual’s liberty of movement or wellbeing; “allied health professional” has the meaning given by section 2 of the Allied Health Professions Act 2011; “assessment” means an interview and examination which includes the taking of X‑rays and an individual’s blood and other body samples for testing and analysis, but does not include the administering of medical or dental treatment; “authorised officer” means a person appointed as an authorised officer under section 3(9); “auxiliary police officer” means an auxiliary police officer appointed under Part 9 of the Police Force Act 2004; “coerce”, in relation to an individual, means — ( a ) to compel or force the individual to do, or refrain from doing, something; or ( b ) to cause the individual to do something without the individual’s consent; “court” means the Family Court, except in sections 9(4)( a ), 22(4), (5) and (7), 23(2)( a ) and (3), 33 and 35(7) where “court” means a court of competent jurisdiction; “deputy” has the meaning given by section 2(1) of the Mental Capacity Act 2008; “Director‑General” means the Director‑General of Social Welfare; “donee” has the meaning given by section 2(1) of the Mental Capacity Act 2008; “emotional or psychological abuse” means conduct or behaviour by an individual — ( a ) that torments, intimidates, harasses or distresses another individual; or [Act 21 of 2023 wef 02/01/2025] ( b ) that causes or may reasonably be expected to cause mental harm to another individual, including thoughts of suicide or inflicting self‑harm; Illustrations X experiences emotional or psychological abuse in the following situations: ( a ) X has Parkinson’s disease and cannot walk without assistance. Her caregiver, Y , does not physically abuse X but regularly threatens to beat or harm X ’s grandchild (a baby) whom X is devoted to. ( b ) X has dementia and lives with her adult son, Y . When Y is drunk and does not get what he wants from X , Y shouts at X and destroys X ’s belongings in X ’s presence, causing fear and distress to X . [Act 21 of 2023 wef 02/01/2025] “enforcement officer” means a public officer who is appointed under section 3(5) to be an enforcement officer for the purposes of this Act; “family member”, in relation to an individual, means — ( a ) a spouse of the individual; ( b ) a child of the individual, whether or not an adopted child or a stepchild; ( c ) a parent of the individual; ( d ) a father‑in‑law or mother‑in‑law of the individual; ( e ) a brother or sister of the individual; ( f ) a grandparent or grandchild of the individual; or ( g ) any other individual who, in the opinion of the court, should in the circumstances be regarded as a member of the individual’s family; “fit person” means an individual whom or organisation which the court or the Director‑General thinks is competent to provide care and protection to a vulnerable adult; “manager”, in relation to a place of temporary care and protection or a place of safety, includes a director, manager or superintendent of that place, or any other individual having the management or control of that place; “mental capacity assessor” means a person appointed by the Director‑General under section 3(4) to assess the mental capacity of an individual under or for the purposes of this Act; “neglect”, in relation to an individual, means the lack of provision to the individual of essential care (such as but not limited to food, clothing, medical aid, lodging and other necessities of life), to the extent of causing or being reasonably likely to cause personal injury or physical pain to, or injury to the mental or physical health of, the individual; “physical abuse” includes conduct or behaviour — ( a ) that causes, or threatens to cause, personal injury or physical pain to an individual; ( b ) that coerces, or attempts to coerce, an individual to engage in sexual activity; or ( c ) that threatens an individual with the death or injury of the individual; “place of safety” means any premises designated under section 19 to be a place of safety; “place of temporary care and protection” means any premises designated under section 19 to be a place of temporary care and protection; “premises” includes part of any premises; “protector” means a public officer appointed as a protector under section 3(2); “psychiatrist” means a medical practitioner who is registered as a psychiatrist in the Register of Specialists under the Medical Registration Act 1997; “qualified assessor” means a person whom the Director‑General or a protector reasonably considers qualified to conduct an assessment, and includes a mental capacity assessor; “registered dentist” means a person registered as a fully registered dentist under section 14(1) or (2) of the Dental Registration Act 1999; “registered medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997; “registered nurse” has the meaning given by section 2 of the Nurses and Midwives Act 1999; “relevant support person” means any of the following persons: ( a ) an approved welfare officer appointed under section 3(3); ( b ) an allied health professional; ( c ) an auxiliary police officer assisting the Director‑General or a protector in performing duties under this Act; ( d ) a qualified assessor; ( e ) a registered medical practitioner; ( f ) a registered dentist; ( g ) a registered nurse; ( h ) a paramedic; ( i ) a psychiatrist; “self‑neglect”, in relation to an individual, means the failure of the individual to perform essential tasks of daily living (such as but not limited to eating, dressing and seeking medical aid) to care for himself or herself, resulting in the individual — ( a ) living in grossly unsanitary or hazardous conditions; ( b ) suffering from malnutrition or dehydration; or ( c ) suffering from an untreated physical or mental illness or injury; “vulnerable adult” means an individual who — ( a ) is 18 years of age or older; and ( b ) is, by reason of mental or physical infirmity, disability or incapacity, incapable of protecting himself or herself from abuse, neglect or self‑neglect; “wellbeing”, in relation to an individual, means the individual’s wellbeing so far as relating to any of the following: ( a ) personal dignity; ( b ) physical, mental and emotional health; ( c ) control by the individual over his or her day‑to‑day life (including over the day‑to‑day care provided by another individual and the way in which it is provided); ( d ) social, domestic, family and personal relationships; Illustrations The wellbeing of X is unreasonably deprived in the following situations: ( a ) X is wheelchair‑bound and does not lack mental capacity. X is prescribed medication to prevent serious deterioration of his health. X ’s caregiver, Y , prevents X from taking the medication by hiding it in a cupboard beyond X ’s reach. Y ’s conduct has an adverse effect on X ’s physical health. ( b ) X is unable to dress herself. Y , her caregiver, does not dress X after bathing her. Despite X ’s protests, Y leaves her unclothed in a room with the windows open so that X is in full view of neighbours walking past the flat. The flat is situated along a common corridor to which members of the public have access. X is deprived of her personal dignity. ( c ) X ’s family member, Y , controls all of X ’s daily living activities (including eating, drinking, bathing, toileting and the programmes X watches on the television or listens to on the radio) and refuses to allow X to have contact with any other person or to receive visitors. Y ’s control over X ’s day‑to‑day life and social relationships has an adverse effect on X ’s emotional health. “working day” excludes any Sunday and public holiday. [30/2019] (2) In this Act, an individual or a vulnerable adult who lacks mental capacity or who is assessed to lack mental capacity is an individual or a vulnerable adult who lacks capacity or is assessed to lack capacity (as the case may be) within the meaning of section 4 of the Mental Capacity Act 2008.


document_id: vaa-2018
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Administration of Act
content:
3. —(1) The Director‑General is, subject to the general or special directions of the Minister, responsible for the administration of this Act. [30/2019] (2) The Director‑General may appoint any public officer with suitable qualifications and experience as a protector under this Act. [30/2019] (3) The Director‑General may appoint a suitably qualified individual as an approved welfare officer to exercise the powers of an approved welfare officer under this Act as directed by the Director‑General or a protector. [30/2019] (4) The Director‑General may appoint any of the following persons as a mental capacity assessor to assess whether an individual lacks mental capacity: ( a ) a registered medical practitioner; ( b ) a psychiatrist; ( c ) a psychologist. [30/2019] (5) The Director‑General may appoint any public officer with suitable qualifications and experience as an enforcement officer under this Act. [30/2019] (6) The Director‑General must issue to each enforcement officer an identification card. [30/2019] (7) Every enforcement officer whose appointment as such ceases must return to the Director‑General the identification card issued to him or her under subsection (6). [30/2019] (8) If asked to do so, an enforcement officer must produce his or her identification card for inspection before exercising a power under this Act. (9) The Director‑General may appoint any of the following persons as an authorised officer for the purposes of sections 27, 28 and 29: ( a ) an enforcement officer; ( b ) an auxiliary police officer. [30/2019] (10) Any appointment under this section may be subject to such conditions or limitations as the Director‑General may specify. [30/2019] (11) Subject to subsection (12), the Director‑General may delegate the exercise or performance of all or any of the powers conferred or duties imposed on the Director‑General by or under this Act to any public officer, except the power of appointment under this section and power of delegation under this subsection; and any reference in this Act to the Director‑General includes a reference to such a public officer. [30/2019] (12) Any delegation under subsection (11) may be general or in a particular case and may be subject to such conditions or limitations as the Director‑General may specify. [30/2019] (13) The Director‑General, a delegate under subsection (11), a protector, an approved welfare officer, authorised officer and enforcement officer who, in the course of his or her duty as the Director‑General, delegate, protector, approved welfare officer, authorised officer or enforcement officer (as the case may be), is taken to be a public servant within the meaning of the Penal Code 1871 when exercising a power under this Act. [30/2019]


document_id: vaa-2018
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Principles
content:
4. —(1) In performing any duty or exercising any power under this Act in relation to a vulnerable adult, the Director‑General and every protector, approved welfare officer and enforcement officer must have regard to the following principles: ( a ) the duty is being performed or the power is being exercised for the purpose of protecting the vulnerable adult from abuse, neglect and self‑neglect; ( b ) a vulnerable adult, where not lacking mental capacity, is generally best placed to decide how he or she wishes to live and whether or not to accept any assistance; ( c ) if a vulnerable adult lacks mental capacity, the vulnerable adult’s views (whether past or present), wishes, feelings, values and beliefs, where reasonably ascertainable, must be considered; ( d ) regard must be had to whether the purpose for which the duty is being performed or the power is being exercised can be achieved in a way that is less restrictive of the vulnerable adult’s rights and freedom of action; ( e ) in all matters relating to the administration or application of this Act, the welfare and best interests of the vulnerable adult must be the first and paramount consideration. [30/2019] (2) Every relevant support person must have regard to the principles mentioned in subsection (1) when assisting the Director‑General or a protector in the performance or exercise of the Director‑General’s or protector’s duties or powers under this Act or in any other dealing with a vulnerable adult for the purposes of this Act. [30/2019] (3) In deciding whether to make an order under this Act in relation to — ( a ) a vulnerable adult; or ( b ) an individual whom the Director‑General or protector has reason to believe is a vulnerable adult and who has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect, the court must have regard to the principles mentioned in subsection (1), but the court may also have regard to such other matters as the court thinks fit. [30/2019]


document_id: vaa-2018
provision_ref: s5
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 5
title: Exercise of power under this Division
content:
5. The Director‑General or a protector may exercise any power under this Division — ( a ) in relation to an individual, only if — (i) the Director‑General or protector has reason to believe that the individual is a vulnerable adult, and the individual has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; or (ii) the court has made an order under this Division authorising the Director‑General or protector to do so; and ( b ) in relation to a vulnerable adult who is the subject of any court order under section 14 or 15, only if — (i) the Director‑General or protector has reason to believe that the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect, and the exercise of the power is not inconsistent with any condition or direction specified in the court order; or (ii) the court has made an order under this Division authorising the Director‑General or protector to do so. [30/2019]


document_id: vaa-2018
provision_ref: s6
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 6
title: Power to assess
content:
6. —(1) The Director‑General or a protector may do all or any of the following: ( a ) assess an individual or a vulnerable adult; ( b ) cause an individual or a vulnerable adult to be assessed by a qualified assessor; ( c ) direct any person to produce an individual or a vulnerable adult before the Director‑General, protector or qualified assessor, to be assessed in the manner in paragraph ( a ) or ( b ); ( d ) remove an individual or a vulnerable adult from the place where the individual or vulnerable adult is residing or staying for the purpose of an assessment in the manner in paragraph ( a ) or ( b ) — (i) if the individual or vulnerable adult consents to the removal for that purpose despite that another person is preventing the individual’s or vulnerable adult’s removal; (ii) if the individual or vulnerable adult does not consent to the removal but is assessed by a qualified assessor to lack the mental capacity to consent; or (iii) in accordance with an order of the court under section 7(3). [30/2019] (2) Where a donee or deputy is appointed for the individual or vulnerable adult mentioned in subsection (1)( d )(ii), the Director‑General, protector or qualified assessor may assess the individual or vulnerable adult under this section without the consent of the individual’s or vulnerable adult’s donee or deputy. [30/2019] (3) Subsection (2) applies whether the donee or deputy is appointed before, on or after 19 December 2018. (4) Where the individual or vulnerable adult is to be assessed at the place where the individual or vulnerable adult is residing or staying, the Director‑General or protector may direct any other person present to leave that place so that the individual or vulnerable adult (as the case may be) can be assessed without that other person present. [30/2019] (5) The Director‑General or protector may be accompanied by one or more relevant support persons to assist with the removal of the individual or vulnerable adult under subsection (1)( d ), and may use such force as the Director‑General or protector considers necessary to remove the individual or vulnerable adult or to prevent another person from obstructing the removal of the individual or vulnerable adult. [30/2019] (6) Where an individual or vulnerable adult is removed from a place under subsection (1)( d ), the Director‑General or a protector must, as soon as practicable after the assessment of the individual or vulnerable adult, permit the individual or vulnerable adult — ( a ) to return to the place; ( b ) to return to the care of a family member or any other person whom the Director‑General or protector considers competent to provide care and protection to the individual or vulnerable adult; or ( c ) to return to another place, or to the care of a person, as directed by the court under section 7(4). [30/2019] (7) A qualified assessor who assesses the individual or vulnerable adult under this section must submit a report of the assessment to the Director‑General or a protector. [30/2019] (8) A person — ( a ) who, without reasonable excuse, fails to comply with a direction given under subsection (1)( c ) or (4); or ( b ) who obstructs another person from complying with a direction given under subsection (1)( c ) or (4) to that other person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (9) This section is subject to section 7.


document_id: vaa-2018
provision_ref: s7
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 7
title: Refusal of assessment
content:
7. —(1) Where an individual or a vulnerable adult refuses to be assessed under section 6, the Director‑General or a protector is not required to exercise any power under that section. [30/2019] (2) Despite subsection (1), the Director‑General or a protector may exercise any power under section 6 in relation to the individual or vulnerable adult — ( a ) if the Director‑General or protector has reason to believe that the individual or vulnerable adult concerned lacks the mental capacity to refuse the assessment, and the Director‑General or protector is satisfied that carrying out the assessment would be in the individual’s or vulnerable adult’s best interests; or ( b ) in accordance with an order of the court under subsection (3). [30/2019] (3) Where an individual or a vulnerable adult does not lack mental capacity but refuses to be assessed under section 6 or refuses to be removed for the purpose of an assessment under that section, the court may, on an application made by the Director‑General or a protector, make an order authorising the Director‑General or a protector to exercise any power under section 6(1) in relation to that individual or vulnerable adult, if the court — ( a ) is satisfied, on a balance of probabilities, that the individual or vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; and ( b ) is of the view that such an order is necessary for the protection and safety of the individual or vulnerable adult. [30/2019] (4) In making an order under subsection (3), the court may direct the Director‑General or a protector to return the individual or vulnerable adult concerned to such place or to the care of such person, after the individual’s or vulnerable adult’s assessment, as the court thinks fit. [30/2019]


document_id: vaa-2018
provision_ref: s8
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 8
title: Power to enter premises
content:
8. —(1) The Director‑General or a protector may, without notice, enter at any time of the day or night any premises where an individual or a vulnerable adult is residing or staying for the purpose of exercising a power under section 6(1)( a ), ( b ) or ( d ) or 10. [30/2019] (2) In exercising the power of entry under subsection (1), the Director‑General or protector may be accompanied by — ( a ) one or more relevant support persons; and ( b ) any other person whom the Director‑General or protector reasonably considers necessary to assist the Director‑General or protector in exercising the power. [30/2019] (3) In exercising the power of entry under subsection (1), the Director‑General or protector may, with any assistance that the Director‑General or protector considers necessary, break open any door, window, lock, fastener or any other thing. [30/2019]


document_id: vaa-2018
provision_ref: s9
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 9
title: Power to obtain information and examine records, etc.
content:
9. —(1) This section applies to any person whom the Director‑General or a protector has reason to believe has information about — ( a ) whether an individual is a vulnerable adult; or ( b ) whether an individual or a vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect. [30/2019] (2) The Director‑General or a protector may direct any person in subsection (1) — ( a ) to give to the Director‑General or protector the information in subsection (1) in writing within the time specified in the direction; or ( b ) to appear before and give the information in subsection (1) to the Director‑General or protector at the time and place specified in the direction. [30/2019] (3) The Director‑General or a protector may, at all reasonable times, examine and take copies of — ( a ) any health record kept by any person in subsection (1); or ( b ) any record kept by any person in subsection (1) and compiled in connection with a social services function, so far as the record relates to an individual whom the Director‑General or protector has reason to believe is a vulnerable adult and has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect, or the record relates to a vulnerable adult whom the Director‑General or protector has reason to believe has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect. [30/2019] (4) A person who gives information to the Director‑General or a protector as directed under subsection (2) or gives the Director‑General or a protector acting under subsection (3) access to a record — ( a ) is not, by virtue of doing so, to be regarded in any proceedings before a court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and ( b ) to the extent the person has acted in good faith, incurs no civil or criminal liability in relation to the giving of the information or access to the record. [30/2019] (5) If a person — ( a ) without reasonable excuse, fails to comply with a direction given to the person under subsection (2) or to give access to a record to the Director‑General or a protector acting under subsection (3); or ( b ) obstructs another person from complying with a direction given under subsection (2) to that other person, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [30/2019] (6) A person — ( a ) who in compliance or purported compliance with a direction given under subsection (2) gives information to the Director‑General or a protector; and ( b ) who knows that the information given is false or incorrect, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [30/2019] Division 2 &#x2014; Power to remove


document_id: vaa-2018
provision_ref: s10
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 10
title: Power to remove vulnerable adult
content:
10. —(1) The Director‑General or a protector may remove a vulnerable adult from the place where the vulnerable adult is residing or staying if the Director‑General or protector is satisfied on reasonable grounds that the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect, and — ( a ) the vulnerable adult consents to the removal despite that another person is preventing the vulnerable adult’s removal; ( b ) the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent; or ( c ) the vulnerable adult, where not lacking mental capacity, does not consent to the removal, but is the subject of an order of court under subsection (4). [30/2019] (2) Where a donee or deputy is appointed for the vulnerable adult mentioned in subsection (1)( b ), the Director‑General or a protector may remove the vulnerable adult without the consent of the vulnerable adult’s donee or deputy. [30/2019] (3) Subsection (2) applies whether the donee or deputy is appointed before, on or after 19 December 2018. (4) Where a vulnerable adult does not lack mental capacity but refuses to be removed under subsection (1), the court may, on an application made by the Director‑General or a protector, make an order authorising the Director‑General or a protector to remove that vulnerable adult, if the court — ( a ) is satisfied, on a balance of probabilities, that the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; and ( b ) is of the view that the order is necessary for the protection and safety of the vulnerable adult. [30/2019] (5) In exercising the power under subsection (1), the Director‑General or a protector may be accompanied by one or more relevant support persons to assist with the removal of a vulnerable adult, and may use such force as the Director‑General or protector considers necessary to remove the vulnerable adult or to prevent another person from obstructing the removal of the vulnerable adult. [30/2019]


document_id: vaa-2018
provision_ref: s11
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 11
title: Committing vulnerable adult to place of temporary care and protection or to care of fit person
content:
11. —(1) If a vulnerable adult is removed under section 10 from the place, the Director‑General or a protector must — ( a ) commit the vulnerable adult to a place of temporary care and protection or to the care of a fit person; and ( b ) within 14 working days after the day of the removal, apply to a court under section 12 for an order under section 14 or 15, or apply for an order under subsection (2), unless the Director‑General or protector earlier permits the vulnerable adult — (i) to return to the place from where the vulnerable adult was removed; or (ii) to return to the care of a family member or any other person whom the Director‑General or protector considers competent to provide care and protection to the vulnerable adult, if the vulnerable adult has been assessed by a qualified assessor to lack the mental capacity to consent. [30/2019] (2) If an application to a court cannot be made under section 12 for an order under section 14 or 15 within the time specified in subsection (1)( b ), the Director‑General or a protector must, within that specified time — ( a ) apply to a court for the custody, charge and care of the vulnerable adult during the period before an application under section 12 is made and determined; and ( b ) in that application, inform the court the reason for not making an application under section 12 within that specified time. [30/2019] (3) The court, on an application made under subsection (2), may make an order for the custody, charge and care of the vulnerable adult until an application under section 12 is made and determined. (4) If the Director‑General or a protector reasonably believes that contact between the vulnerable adult removed under section 10 and another person ( Z ) is not in the best interests of the vulnerable adult, the Director‑General or protector may give any of the following directions to Z : ( a ) Z must not contact (by any means) the vulnerable adult during the period before a court makes an order under section 14 in relation to the vulnerable adult; ( b ) Z may only contact the vulnerable adult under conditions or circumstances specified by the Director‑General or protector. [30/2019] (5) A person who, without reasonable excuse, fails to comply with a direction given to the person under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. Division 3 &#x2014; Court orders for protection of vulnerable adult


document_id: vaa-2018
provision_ref: s12
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 12
title: Application to court
content:
12. —(1) A person in subsection (2) may apply to the court for one or more orders under section 14 or 15, in relation to a vulnerable adult, if the person has reason to believe that — ( a ) the vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; and ( b ) the order is, or orders are, necessary for the protection and safety of the vulnerable adult. (2) The following persons may apply to the court for an order under section 14 or 15 in relation to a vulnerable adult: ( a ) where the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent to the application — (i) the Director‑General or a protector may apply for any order under section 14(1) or 15; (ii) an approved welfare officer or the vulnerable adult’s donee or deputy (if appointed) may apply for any order under section 14(1)( e ), ( f ), ( g ) or ( h ) or 15; or (iii) a family member of the vulnerable adult may apply for any order under section 14(1)( e ), ( f ), ( g ) or ( h ) or 15; ( b ) in any other case — (i) the Director‑General or a protector may apply for any order under section 14(1) or 15; (ii) an approved welfare officer may, with the consent of the vulnerable adult, apply for any order under section 14(1)( e ), ( f ), ( g ) or ( h ) or 15; (iii) the vulnerable adult may, on his or her own, apply for any order under section 14(1)( e ), ( f ), ( g ) or ( h ) or 15; or (iv) a family member of the vulnerable adult may, with the consent of the vulnerable adult, apply for any order under section 14(1)( e ), ( f ), ( g ) or ( h ) or 15. [30/2019]


document_id: vaa-2018
provision_ref: s13
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 13
title: Procedure
content:
13. —(1) An application to a court under section 7(3), 10(4), 11(2), 12, 17 or 22(4) must — ( a ) be made in the same manner as an application for a summons is made to a District Court or Magistrate’s Court under the Criminal Procedure Code 2010; and ( b ) be dealt with — (i) as if the application is a complaint for the purposes of the Criminal Procedure Code 2010; but (ii) in accordance with only such provisions of that Code, and with such provisions of any other written law, as may be prescribed by the Family Justice Rules. (2) To avoid doubt, proceedings under section 7(3), 10(4), 11(2), 12, 17 or 22(4) are not to be treated as criminal proceedings. (3) Subject to subsection (4), the court may not make any order under section 7(3), 10(4), 11(3), 14, 15 or 17 without giving the vulnerable adult an opportunity to be heard. (4) No opportunity to be heard needs to be given under subsection (3) if — ( a ) the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to make decisions in relation to any application for an order under section 11(3), 14, 15 or 17 concerning the vulnerable adult; or ( b ) the court is of the view that it is not practicable in the circumstances to do so. (5) The court before which an application under section 7(3), 10(4), 11(2), 12, 17 or 22(4) is heard may make any order as to costs that the court thinks fit. (6) A judge of the court, when determining whether to make an order under section 14(1)( b ) or ( j ), must sit with 2 advisers from a panel of advisers nominated by the Minister. (7) However, if the court cannot without adjournment be fully constituted under subsection (6) and an adjournment would be inexpedient in the interests of justice, the judge may sit with one adviser or sit alone. (8) The functions of the advisers are to inform and advise the court in relation to — ( a ) the protection and safety of a vulnerable adult; or ( b ) the appropriateness of making an order in respect of a vulnerable adult under section 14(1)( b ) or ( j ).


document_id: vaa-2018
provision_ref: s14
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 14
title: Court orders
content:
14. —(1) If the court is satisfied, on a balance of probabilities, that the circumstances mentioned in section 12(1)( a ) and ( b ) exist for a vulnerable adult, the court may make one or more of the following orders in relation to the vulnerable adult: ( a ) an order committing the vulnerable adult to a place of temporary care and protection or the care of a fit person for a period not exceeding 6 months; ( b ) an order committing the vulnerable adult to a place of safety or the care of a fit person for a specified period exceeding 6 months where the court is satisfied that it is in the best interests of the vulnerable adult to be so committed; ( c ) an order requiring a person to produce the vulnerable adult at a specified medical facility or specified dental facility for medical or dental treatment (as the case may be) that is necessary to enable committal of the vulnerable adult to a place of temporary care and protection or a place of safety or to the care of a fit person; ( d ) an order placing the vulnerable adult under the supervision of a protector, an approved welfare officer or another person appointed by the court, for a specified period; ( e ) where the vulnerable adult has experienced or is experiencing abuse or likely to be abused by any person (called in this section the abuser), an order restraining the abuser from abusing or further abusing the vulnerable adult; ( f ) an order granting the vulnerable adult the right of exclusive occupation of the premises or a specified part of the premises in which the vulnerable adult ordinarily resides, to the exclusion of the abuser or any other person; ( g ) an order prohibiting a person from entering and remaining in, for a specified period, an area outside the vulnerable adult’s place of residence or any other place frequented by the vulnerable adult; ( h ) an order prohibiting a person from visiting or communicating with the vulnerable adult; ( i ) an order requiring one or more persons, including the vulnerable adult, to attend counselling and such other programme provided by a body as directed by the court; ( j ) subject to subsection (2), where the condition of the vulnerable adult’s residence poses a risk to the safety or health of the vulnerable adult, an order — (i) authorising the Director‑General, a protector or another person to make, with such assistance as the Director‑General, protector or other person may reasonably require, the residence a safe living environment; and (ii) authorising the disposal by the Director‑General, protector or other person of any article or thing in the residence, with or without the consent of the owner of that article or thing, to make the residence a safe living environment. [30/2019] (2) Subject to subsection (3), the court may only make an order under subsection (1)( j ) — ( a ) with the consent of every owner of the residence and of the vulnerable adult; or ( b ) where the owner or owners (if there is more than one owner) of the residence cannot be located after reasonable attempts to locate the owner or owners (as the case may be) have been made by the Director‑General or a protector — (i) with the consent of the vulnerable adult; and (ii) after a notice by advertisement of the proposed order has been published in — (A) an English newspaper and one other newspaper of such language as directed by the court (both of which must be in circulation in Singapore); or (B) any other form as the court may direct, and the prescribed period after such publication has lapsed without any owner objecting to the proposed order. [30/2019] (3) The court may only make an order under subsection (1)( j ) — ( a ) without the consent of the vulnerable adult — (i) if the vulnerable adult lacks the mental capacity to consent; or (ii) if the court is of the view that such an order is necessary for the protection and safety of the vulnerable adult; and ( b ) without the consent of an owner of the residence — (i) if the owner lacks the mental capacity to consent; or (ii) if the court is of the view that such an order is necessary for the protection and safety of the vulnerable adult. (4) For the purposes of deciding whether the circumstances mentioned in section 12(1)( a ) and ( b ) exist in relation to a vulnerable adult, the court may — ( a ) require a person to produce the vulnerable adult before the court; ( b ) require a person to give information, or any other necessary assistance, to the court about the vulnerable adult’s family background, general conduct, home environment, educational or vocational record, medical history and state of physical and mental health and wellbeing, to enable the court to deal with the case in the best interests of the vulnerable adult; ( c ) require the Director‑General, a protector or a mental capacity assessor to conduct an assessment or investigation of all or any of the following: (i) the vulnerable adult; (ii) any person who provides care for or lives with the vulnerable adult; ( d ) require the person who carried out an assessment or investigation under paragraph ( c ) to submit a written report to the court stating the results of the assessment or the findings of the investigation, as the case may be; and ( e ) adjourn the matter, and make any interim order the court considers appropriate, including but not limited to an order about a matter mentioned in subsection (1). [30/2019] (5) The court may disclose to the Director‑General or a protector any information obtained under subsection (4)( b ) and any report submitted under subsection (4)( d ), if the court is satisfied that the disclosure is necessary for the protection and safety of the vulnerable adult who is the subject of the information or report. [30/2019] (6) The court may order the report submitted under subsection (4)( d ) or a redacted version of that report be given to a person against whom an order under subsection (1) is to be made. (7) The court may, in making an order under subsection (1), impose conditions or give directions as the court thinks fit for the purpose of ensuring the protection and safety of the vulnerable adult who is the subject of the order. (8) The court, in making an order under subsection (1)( e ), may include a provision that the abuser must not incite or assist any other person to abuse the vulnerable adult. (9) An order made under subsection (1)( f ) does not affect any title or interest that the person against whom the order is made or any other person might have in the residence other than to the extent provided for in the order. (10) A person who, without reasonable excuse, fails to comply with an order made under subsection (1)( e ), ( f ), ( g ) or ( h ) shall be guilty of an offence and shall be liable — ( a ) on the first conviction in relation to an order under subsection (1)( e ), ( f ), ( g ) or ( h ), to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and [Act 21 of 2023 wef 02/01/2025] ( b ) on a second or subsequent conviction for failing to comply with another order made under subsection (1)( e ), ( f ), ( g ) or ( h ) (as the case may be), to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 18 months or to both. [Act 21 of 2023 wef 02/01/2025] (11) A reference to an offence under subsection (10) includes a reference to an abetment of the offence. (12) A person who obstructs — ( a ) the compliance by a person with an order made under subsection (1)( a ), ( b ), ( c ), ( d ), ( i ) or ( j ); or ( b ) any person assisting the Director‑General, a protector or another person in the compliance with an order made under subsection (1)( a ), ( b ), ( c ), ( d ), ( i ) or ( j ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [30/2019] (13) A person who — ( a ) without reasonable excuse, fails to comply with an order made by the court under subsection (4)( a ), ( b ) or ( e ); or ( b ) obstructs the carrying out of an assessment or investigation ordered by the court under subsection (4)( c ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (14) In this section, “owner” — ( a ) for residence that is a lot comprised in a strata title plan under the Land Titles (Strata) Act 1967, means any person who is the registered subsidiary proprietor of the lot under that Act; ( b ) for residence that is a flat in any building in a housing estate of the Housing and Development Board, means any owner of the flat as defined under the Housing and Development Act 1959; ( c ) for residence that is a lot in any subdivided building other than a subdivided building referred to in paragraph ( a ) or ( b ), means any person who is the registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of that lot; ( d ) for residence that constitutes premises which are not subdivided, means any person who is the registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of those premises in the land‑register under the Land Titles Act 1993; and ( e ) for residence that constitutes premises not falling under paragraphs ( a ) to ( d ), means the person for the time being receiving the rent of the premises, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or a mortgagee in possession.


document_id: vaa-2018
provision_ref: s15
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 15
title: Expedited order
content:
15. —(1) This section applies if an application is made in relation to a vulnerable adult for an order mentioned in section 14(1)( e ), ( f ), ( g ) or ( h ), and the court is satisfied, on a balance of probabilities, that the vulnerable adult is experiencing, or is in imminent danger of, abuse, neglect or self‑neglect. (2) The court may make the order (called in this Act an expedited order) even if — ( a ) the application is not served on the person against whom an order mentioned in section 14(1)( e ), ( f ), ( g ) or ( h ) is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or ( b ) where the application has been served on the respondent — the respondent does not appear at the hearing of the application. (3) An expedited order takes effect in respect of the person to whom the order applies — ( a ) from the date on which the order is served on that person; or ( b ) if the court specifies a later date on which the order is to take effect — the later date. (4) An expedited order ceases to have effect on the earlier of the following dates: ( a ) the date that is 28 days after the date the order is made; ( b ) the date the court decides the application under section 12. (5) Despite subsection (4), the court may extend the duration of the expedited order. (6) The expiry of an expedited order does not affect the making of a further expedited order. (7) Section 14(7), (8) and (9) applies, with the necessary modifications, in relation to an expedited order and to the making of an expedited order under this section. (8) A person who, without reasonable excuse, fails to comply with an expedited order made under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (9) A reference to an offence under subsection (8) includes a reference to an abetment of the offence.


document_id: vaa-2018
provision_ref: s16
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 16
title: Contempt of court
content:
16. —(1) Subject to subsection (2), sections 14(10) and (13)( a ) and 15(8) do not affect the powers of the court in relation to the punishment for a contempt of court. (2) Where a person is convicted of an offence under section 14(10) or (13)( a ) or 15(8) in respect of any non‑compliance with an order or expedited order, that non‑compliance is not punishable as a contempt of court. (3) A person cannot be convicted of an offence under section 14(10) or (13)( a ) or 15(8) in respect of any non‑compliance with an order or expedited order which has been punished as a contempt of court. (4) The following persons may apply for a contempt of court in respect of the non‑compliance with an order under section 14 (including the non‑compliance with such an order made on an expedited basis under section 15): ( a ) subject to subsection (5), the Director‑General or a protector may apply for a contempt of court in respect of the non‑compliance with an order under section 14(1)( e ); ( b ) subject to subsection (5), a family member of the vulnerable adult to whom an order under section 14(1)( e ) relates may apply for a contempt of court in respect of the non‑compliance with the order; ( c ) the Director‑General or a protector may apply for a contempt of court in respect of the non‑compliance with an order under section 14(1)( i ); ( d ) the vulnerable adult to whom an order under section 14(1)( e ), ( f ) or ( g ) or (4)( a ), ( b ), ( c ) or ( e ) relates may apply for a contempt of court in respect of the non‑compliance with the order. [30/2019] (5) The Director‑General, a protector or family member of the vulnerable adult concerned may only make an application mentioned in subsection (4)( a ) or ( b ) if — ( a ) the Director‑General, protector or family member has obtained the consent of the vulnerable adult before making the application; or ( b ) at the time the application is made, the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent to the application. [30/2019] (6) The Director‑General or protector is not required to obtain the consent of the vulnerable adult concerned before making an application mentioned in subsection (4)( c ). [30/2019] (7) To avoid doubt — ( a ) the Director‑General or a protector may make an application mentioned in subsection (4)( a ) or ( c ) even if the Director‑General or protector did not earlier apply for the order or expedited order (as the case may be) that is the subject of the application; ( b ) a family member may make an application mentioned in subsection (4)( b ) even if the family member did not earlier apply for the order or expedited order (as the case may be) that is subject of the application; and ( c ) the vulnerable adult may make an application mentioned in subsection (4)( d ) even if the vulnerable adult did not earlier apply for the order or expedited order (as the case may be) that is the subject of the application. [30/2019]


document_id: vaa-2018
provision_ref: s17
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 17
title: Supplementary provisions with respect to orders under sections 14 and 15
content:
17. —(1) On an application by a person mentioned in subsection (2), the court may, at any time before the expiry of an order made under section 14(1) or 15, vary, suspend or revoke the order if the court is satisfied it would be in the best interests of the vulnerable adult in relation to whom the order is made. (2) Subject to subsection (4), the following persons may apply to the court for a variation, suspension or revocation of any of the following orders: ( a ) for an order under section 14(1)( a ) or ( b ), the Director‑General or a protector; ( b ) for an order under section 14(1)( c ) — (i) the Director‑General or a protector; or (ii) the person against whom the order is made; ( c ) for an order under section 14(1)( d ) — (i) the Director‑General or a protector; (ii) an approved welfare officer (whether or not the approved welfare officer had earlier applied for that order); or (iii) the vulnerable adult or any other person to whom the order relates; ( d ) for an order under section 14(1)( e ), ( f ), ( g ) or ( h ) or 15 — (i) the Director‑General or a protector; (ii) an approved welfare officer if an approved welfare officer had earlier applied under section 12 for that order; (iii) the vulnerable adult to whom the order relates, or the vulnerable adult’s donee or deputy (as the case may be) if the vulnerable adult lacks mental capacity; (iv) a family member of the vulnerable adult if that family member had earlier applied under section 12 for that order; or (v) the person against whom the order is made; ( e ) for an order under section 14(1)( i ) — (i) the Director‑General or a protector; or (ii) the person or any of the persons to whom the order relates if the application under this section is to suspend or revoke the order; ( f ) for an order under section 14(1)( j ), the Director‑General or a protector. [30/2019] (3) The Director‑General or a protector may, under subsection (2), apply for a variation, suspension or revocation of an order even if the Director‑General or protector did not earlier apply for that order. [30/2019] (4) An approved welfare officer or a family member of the vulnerable adult may apply to the court for a variation, suspension or revocation of an order mentioned in subsection (2)( c ) or ( d ) (as the case may be) if — ( a ) the vulnerable adult consents to the application; or ( b ) the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent to the application. Division 4 &#x2014; Administering medical or dental treatment to
vulnerable adult


document_id: vaa-2018
provision_ref: s18
chapter: PART 2 - PROTECTION OF VULNERABLE ADULTS
section: 18
title: Administering medical or dental treatment to vulnerable adult
content:
18. —(1) The Director‑General or a protector may require a vulnerable adult to be produced before a registered medical practitioner or registered dentist for any necessary medical or dental treatment, as the case may be — ( a ) before or during the vulnerable adult’s period of committal in a place of temporary care and protection or under the care of a fit person (as the case may be) under section 11(1)( a ); and ( b ) during the vulnerable adult’s period of committal in a place of temporary care and protection or place of safety, or under the care of a fit person (as the case may be) if the vulnerable adult is the subject of an order of court under section 14(1)( a ) or ( b ). [30/2019] (2) Any treatment mentioned in subsection (1) may be administered to the vulnerable adult concerned only with the vulnerable adult’s consent unless — ( a ) the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent, and the registered medical practitioner or registered dentist reasonably believes that it is in the vulnerable adult’s best interests to receive the treatment; or ( b ) it is not practicable to obtain consent from the vulnerable adult, and the registered medical practitioner or registered dentist — (i) reasonably believes that a medical or dental emergency (as the case may be) exists; and (ii) is of the view that it is in the vulnerable adult’s best interests to receive the treatment. (3) If a donee or deputy has been appointed for the vulnerable adult mentioned in subsection (2)( a ), a registered medical practitioner or registered dentist may administer the medical or dental treatment (as the case may be) to the vulnerable adult under that subsection without the consent of the vulnerable adult’s donee or deputy (as the case may be) if the registered medical practitioner or registered dentist is of the view — ( a ) that the consent cannot be obtained within a reasonable time; or ( b ) that the consent is being unreasonably withheld by the donee or deputy. (4) Subsection (3) applies whether the donee or deputy is appointed before, on or after 19 December 2018.


document_id: vaa-2018
provision_ref: s19
chapter: PART 3 - PLACES OF TEMPORARY CARE AND PROTECTION,
section: 19
title: Places of temporary care and protection and places of safety
content:
19. —(1) For the purposes of this Act, the Minister may, by notification in the Gazette , designate any premises in Singapore as — ( a ) a place of temporary care and protection for the care and protection of vulnerable adults from abuse, neglect or self‑neglect for an interim period during which assessments and investigations under this Act are carried out and longer‑term care arrangements for the safety of the vulnerable adults are planned; or ( b ) a place of safety for the care and protection of vulnerable adults over the longer term. (2) The Minister may, at any time, cancel a designation made under subsection (1) — ( a ) if the Minister is satisfied that the place of temporary care and protection or place of safety (as the case may be) is not managed in a manner to continue as one; ( b ) if the Minister thinks it is in the public interest to do so; or ( c ) for any other reasons as may be prescribed. (3) Notice of the cancellation of a designation must be published in the Gazette . (4) The manager of a place of temporary care and protection or a place of safety must take such security measures as are necessary to ensure the protection and safety of any vulnerable adult residing in the place of temporary care and protection or place of safety, as the case may be. (5) In this section, “security measure” means — ( a ) any measure, equipment or procedure to carry out identification, or screening and re‑screening and clearing, of any person entering a place of temporary care and protection or place of safety; ( b ) any measure or procedure to be used within a place of temporary care and protection or place of safety — (i) to control access at the place of temporary care and protection or place of safety; or (ii) to detect and deter unauthorised access into the place of temporary care and protection or place of safety by any person; and ( c ) any measure or procedure for responding to and investigating any incident or threat relating to the protection and safety of a vulnerable adult residing at a place of temporary care and protection or place of safety.


document_id: vaa-2018
provision_ref: s20
chapter: PART 3 - PLACES OF TEMPORARY CARE AND PROTECTION,
section: 20
title: Review Board
content:
20. —(1) The Minister may appoint any person as a member of the Review Board for any period that the Minister thinks fit. (2) The functions of the Review Board are as follows: ( a ) for the purposes of ensuring that a proper care plan is in place for a vulnerable adult, review cases of vulnerable adults committed to — (i) a place of temporary care and protection or place of safety; or (ii) the care of a fit person, but only if the fit person is an organisation and the vulnerable adult was committed to the care of the organisation under an order of the court under section 14; ( b ) advise the Director‑General on whether a vulnerable adult who has been committed to a place of temporary care and protection or place of safety, or to the care of a fit person that is an organisation may be discharged from the place or care at any time before the completion of the period of committal. [30/2019] (3) For the purposes of carrying out the Review Board’s functions under subsection (2) — ( a ) every member of the Review Board may at any time enter any place of temporary care and protection, place of safety or the premises of a fit person that is an organisation, and make such inquiry or examination as is necessary; and ( b ) the Review Board must submit such reports as the Minister may require. (4) A person who — ( a ) refuses to allow a member of the Review Board entry to any place of temporary care and protection, place of safety or premises mentioned in subsection (3)( a ); or ( b ) hinders or obstructs the member from entering the place or premises, after the member’s identity is reasonably established, 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. (5) For the purposes of this section, a proper care plan must meet such requirements as the Director‑General may specify. [30/2019]


document_id: vaa-2018
provision_ref: s21
chapter: PART 3 - PLACES OF TEMPORARY CARE AND PROTECTION,
section: 21
title:
Unlawful removal, etc., of vulnerable adult from place of temporary care and protection or place of safety, etc.

content:
21. A person who — ( a ) without lawful authority, removes a vulnerable adult from a place of temporary care and protection or place of safety to which, or the custody of the fit person to whose care, the vulnerable adult has been committed under this Act; ( b ) knowingly assists or induces, directly or indirectly, a vulnerable adult to leave or be removed from a place of temporary care and protection or place of safety to which, or the fit person to whose care, the vulnerable adult has been committed under this Act; ( c ) knowingly — (i) harbours or conceals a vulnerable adult who has escaped from a place of temporary care and protection or place of safety to which, or the fit person to whose care, the vulnerable adult has been committed under this Act; (ii) prevents the vulnerable adult from returning to a place of temporary care and protection or place of safety to which, or the fit person to whose care, the vulnerable adult has been committed under this Act; or (iii) assists any other person in doing any of the acts mentioned in sub‑paragraphs (i) and (ii); or ( d ) obstructs the removal from, or committal of a vulnerable adult to, a place of temporary care and protection, place of safety or the care of a fit person carried out under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: vaa-2018
provision_ref: s22
chapter: PART 4 - CONFIDENTIAL INFORMATION
section: 22
title: Restriction on publication of information leading to identification of vulnerable adult, etc.
content:
22. —(1) A person must not, without the Director‑General’s approval, publish or broadcast any information or picture that identifies, or is likely to lead to the identification of — ( a ) an individual who has been or is the subject of any investigation, examination, assessment or treatment under this Act relating to whether the individual is a vulnerable adult experiencing or at risk of abuse, neglect or self‑neglect; ( b ) a vulnerable adult who has been committed to a place of temporary care and protection or place of safety or to the care of a fit person under this Act; or ( c ) a vulnerable adult who is the subject of an order made by a court under this Act. [30/2019] (2) Also, a person must not, without the Director‑General’s approval, publish or broadcast any information or picture that identifies, or is likely to lead to the identification of — ( a ) a place of temporary care and protection or place of safety to which an individual or a vulnerable adult mentioned in subsection (1)( a ), ( b ) or ( c ) is committed, or the location of such a place of temporary care and protection or place of safety; or ( b ) a fit person under whose care an individual or a vulnerable adult mentioned in subsection (1)( a ), ( b ) or ( c ) is placed, or the location of the premises of such a fit person. [30/2019] (3) Nothing in subsection (2) prevents a place of temporary care and protection, place of safety or fit person from publishing its, his or her address in any publication, or on the website, of the place of temporary care and protection, place of safety or fit person, as the case may be. (4) The court may, on an application made by the Director‑General or a protector, order a person to remove the publication, or cease the broadcast, of any information or picture that is in contravention of subsection (1) or (2). [30/2019] (5) The court may make an order under subsection (4) even if — ( a ) the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or ( b ) where the application has been served on the respondent — the respondent does not appear at the hearing of the application, so long as the court is satisfied, on a balance of probabilities, that the order is necessary for the protection and safety of the individual or vulnerable adult concerned. (6) If any information or picture is published or broadcast in contravention of subsection (1) or (2) — ( a ) in the case of the publication of any information or picture as part of a newspaper or periodical publication, every proprietor, editor, publisher and distributor of the newspaper or periodical publication; ( b ) in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication, every person who publishes or distributes it; or ( c ) in the case of the broadcast of any information or picture, every person who transmits or provides the programme in which the information or picture is broadcast and every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000. (7) In proceedings for an offence under subsection (6), the court may, whether or not there is a conviction for the offence, order a person to remove the publication, or cease the broadcast, of any information or picture that is in contravention of subsection (1) or (2). [Act 21 of 2023 wef 02/01/2025] (8) To avoid doubt, this section does not apply to, or in relation to, the publication of a notice mentioned in section 14(2)( b )(ii). (9) In this section — “broadcast” means sounds or visual images — ( a ) broadcast by wireless telegraphy, or by means of a high frequency distribution system over wire or other paths provided by a material substance, and intended for general reception; ( b ) broadcast through the Internet or any website, web service or Internet application, whether or not intended for general reception; or ( c ) broadcast through any messaging system; “messaging system” means any system that enables the transmission of short text messages, or of any visual communication, voice communication or electronic mail — ( a ) from a digital mobile telephone to another digital mobile telephone; or ( b ) from an electronic mail address to a digital mobile telephone, and the other way around; “publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means, including (to avoid doubt) through — ( a ) the Internet or any website, web service or Internet application; or ( b ) any messaging system.


document_id: vaa-2018
provision_ref: s23
chapter: PART 4 - CONFIDENTIAL INFORMATION
section: 23
title: Notification of information relating to individual who is, or is suspected to be, vulnerable adult
content:
23. —(1) Any person who knows or has reason to suspect that an individual is a vulnerable adult who has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect may notify any of the following persons of the facts and circumstances on which the person’s knowledge or suspicion is based: ( a ) the Director‑General; ( b ) a protector; ( c ) any other person authorised by the Director‑General or a protector to receive such information. [30/2019] (2) A person who makes a notification under subsection (1) — ( a ) must not, by virtue of doing so, be regarded in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and ( b ) insofar as the person has acted with reasonable care and in good faith, incurs no civil or criminal liability in respect of the notification or the provision of any information contained in the notification. (3) Any person appearing as a witness in any proceedings in any court or tribunal or before a person authorised by law to hear evidence must not be compelled — ( a ) to disclose the identity of any person who has made a notification under subsection (1), or any information likely to lead to the disclosure of the identity of such a person; or ( b ) to produce any report or document, or any part of a report or document, which is likely to identify, any person who has made a notification under subsection (1).


document_id: vaa-2018
provision_ref: s24
chapter: PART 4 - CONFIDENTIAL INFORMATION
section: 24
title: Disclosure of information to and by Director‑General or protector
content:
24. —(1) Subject to subsection (2) and any express restriction imposed by or under any other written law, a body or person to whom this section applies may disclose to the Director‑General or a protector any information received by that body or person under or for the purposes of any written law, where the disclosure is made by the body or person for the purpose of enabling or assisting the Director‑General or protector to perform any of the Director‑General’s or protector’s duties under this Act. [30/2019] (2) Subject to subsection (3), the Director‑General or protector may disclose to a body or person to whom this section applies any information received by the Director‑General or protector under or for the purposes of this Act, where the disclosure is made by the Director‑General or protector — ( a ) for any purpose connected with the performance of any of the Director‑General’s or protector’s duties under this Act; or [Act 21 of 2023 wef 02/01/2025] ( b ) for the purpose of enabling or assisting that body or person to perform any of that body’s or person’s duties. [30/2019] (3) This section applies to the following bodies and persons: ( a ) any Government department; ( b ) any statutory body; ( c ) any police officer; ( d ) such other body or person as may be prescribed. (4) Nothing in this section is to be construed as affecting any power of disclosure exercisable apart from this section.


document_id: vaa-2018
provision_ref: s25
chapter: PART 4 - CONFIDENTIAL INFORMATION
section: 25
title: Report of qualified assessor, etc., to be admissible in evidence
content:
25. A copy of the report prepared by — ( a ) a qualified assessor under section 6(7); or ( b ) the Director‑General or a protector who has assessed an individual or a vulnerable adult under section 6, is admissible in any proceedings under this Act as evidence of the opinion of the qualified assessor, Director‑General or protector (as the case may be) and of the facts upon which his or her opinion is based in relation to any matter about the individual or vulnerable adult contained in the report. [30/2019]


document_id: vaa-2018
provision_ref: s26
chapter: PART 5 - ENFORCEMENT
section: 26
title: Powers of entry, etc., for enforcement purpose
content:
26. —(1) The Director‑General or an enforcement officer may exercise all or any of the powers in this section for the purpose of — ( a ) ascertaining whether an order of court under section 14 or 15 is being complied with or has been contravened; or ( b ) investigating any offence under this Act. [30/2019] (2) The Director‑General or an enforcement officer may — ( a ) at any time of the day or night without notice, enter, inspect and search any premises if the Director‑General or enforcement officer reasonably believes that evidence of the commission of an offence under this Act, or the non‑compliance with, or a contravention of, an order of court under section 14 or 15, can be found in those premises; ( b ) photograph or film, or make a record or sketches of, any part of the premises mentioned in paragraph ( a ), or any person or thing at the premises; ( c ) inspect and make copies of, or take extracts from, any document or thing which is in the possession or under the control of any person for the purpose mentioned in subsection (1) even though the person’s prior consent has not been obtained; ( d ) seize any document or thing which the Director‑General or enforcement officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act, or the non‑compliance with, or a contravention of, an order of court under section 14 or 15; [Act 21 of 2023 wef 02/01/2025] ( e ) issue a written notice requiring any person whom the Director‑General or enforcement officer reasonably believes to be in possession of any document or thing relevant to the investigation of an offence under this Act, or the non‑compliance with, or a contravention of, an order of court under section 14 or 15 — (i) to produce without charge, that document or thing at the time and place stated in the notice; or (ii) to give the Director‑General or enforcement officer, without charge, access to that document or thing; ( f ) issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances of the matter under investigation, to attend before the Director‑General or enforcement officer at the time and place stated in the notice; ( g ) require any person whom the Director‑General or enforcement officer reasonably believes to be acquainted with any of the facts or circumstances of the matter under investigation, to answer any question to the best of the person’s knowledge, information and belief, immediately or at such place and time specified in writing; and ( h ) take any step which appears to be necessary to preserve or prevent interference with any document or thing which the Director‑General or enforcement officer considers to be the subject matter of, or to be connected with — (i) the commission of an offence under this Act; or (ii) the non‑compliance with, or a contravention of, an order of court under section 14 or 15. [30/2019] (3) For the purposes of subsection (2)( c ), ( d ), ( e ) and ( h ), if any document or information required by the Director‑General or enforcement officer is kept in electronic form — ( a ) the power of the Director‑General or enforcement officer to inspect the document or obtain information includes the power to — (i) access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and (ii) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and ( b ) the power of the Director‑General or enforcement officer to seize such document includes the power to — (i) make copies of the document in legible or electronic form; and (ii) transfer the information from the document or material to a disc, tape or other storage device. [30/2019] (4) If the Director‑General or enforcement officer under subsection (3)( b ) is unable to make copies of the document or transfer the document, the Director‑General or enforcement officer may — ( a ) seize the computer or other equipment (including a mobile telephone) in which the document or information is stored as evidence in proceedings for an offence under this Act; and ( b ) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or information held in the computer or equipment. [30/2019] (5) If free entry or access to the premises cannot be obtained under subsection (2)( a ), the Director‑General or enforcement officer may, with any assistance that the Director‑General or enforcement officer considers necessary, break open any window, lock or fastener, or use any other reasonable means to gain entry or access into the premises. [30/2019] (6) If any person fails to comply with a written notice issued to the person under subsection (2)( e ) or ( f ), the Director‑General or enforcement officer may report the failure to a Magistrate who may then issue a warrant ordering the person to comply with the written notice. [30/2019] (7) Any person examined under subsection (2)( g ) is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (8) A statement made by a person examined under subsection (2)( g ) 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.


document_id: vaa-2018
provision_ref: s27
chapter: PART 5 - ENFORCEMENT
section: 27
title: Equipment
content:
27. The Director‑General or an authorised officer may carry or have in his or her possession or under his or her control any truncheon, handcuffs or other similar means of restraint for the purposes of executing his or her duties under this Act. [30/2019]


document_id: vaa-2018
provision_ref: s28
chapter: PART 5 - ENFORCEMENT
section: 28
title: Power to arrest without warrant
content:
28. —(1) The Director‑General or an authorised officer may arrest, without warrant, any individual whom the Director‑General or authorised officer reasonably suspects, is committing or has committed an offence under section 14(10) or 15(8). [30/2019] (2) If the Director‑General or an authorised officer has reason to believe that an individual mentioned in subsection (1) is inside any place, the Director‑General or authorised officer may enter that place for the purpose of arresting that individual. [30/2019] (3) In making an arrest under this section, the Director‑General or authorised officer may use handcuffs or any other similar means of restraint on an individual to prevent the individual from — ( a ) inflicting bodily injury to himself or herself, or others; ( b ) damaging any property; ( c ) creating any disturbance; or ( d ) escaping from custody. [30/2019] (4) The Director‑General or an authorised officer making an arrest under this section must comply with sections 68, 75 and 76 of the Criminal Procedure Code 2010 as if he or she were a police officer. [30/2019] (5) Any individual arrested under this section must be brought to a police station as soon as reasonably practicable, and may, if required by the Director‑General, a police officer or an authorised officer, be released on bail, or on the individual’s own bond, to appear before a Magistrate. [30/2019] [Act 21 of 2023 wef 02/01/2025] (6) The individual who is brought before a Magistrate’s Court under subsection (5) may — ( a ) be ordered to be detained in custody until he or she can be tried; or ( b ) if so required by the Magistrate, be released on bail, or on the individual’s own bond with surety, to appear before a Magistrate’s Court.


document_id: vaa-2018
provision_ref: s29
chapter: PART 5 - ENFORCEMENT
section: 29
title: Search of arrested persons and power to seize offensive weapons
content:
29. —(1) The Director‑General or an authorised officer making an arrest under section 28 may exercise the powers under sections 78 and 79 of the Criminal Procedure Code 2010 as if he or she were a police officer. [30/2019] (2) The Director‑General or an authorised officer searching any individual under this section must comply with section 83 of the Criminal Procedure Code 2010. [30/2019]


document_id: vaa-2018
provision_ref: s29A
chapter: PART 6 - MISCELLANEOUS
section: 29A
title: Power to record, etc.
content:
29A. —(1) A relevant person may take photographs, or make an audio or video recording of any person, place or thing if the relevant person reasonably believes that the taking of the photographs or the making of the recording is relevant to and necessary for the exercise of the relevant person’s functions under this Act. (2) In this section, “relevant person” means the Director‑General, a protector, an approved welfare officer or an authorised officer. [Act 21 of 2023 wef 02/01/2025]


document_id: vaa-2018
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS
section: 30
title: Disposal of documents or thing
content:
30. —(1) Any document or thing taken into possession or seized under this Act must — ( a ) where the document or thing 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 reported to a Magistrate. (2) Where the report of any document or thing is made to a Magistrate under subsection (1)( b ), the Magistrate may order the document or thing — ( a ) to be forfeited; or ( b ) to be disposed of in any manner that the Magistrate thinks fit. (3) Nothing in this section affects any right to retain or dispose any property which may exist in law apart from this section.


document_id: vaa-2018
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS
section: 31
title: Offence of obstruction
content:
31. A person who refuses to give access to, or obstructs, hinders or delays — ( a ) the Director‑General; ( b ) an enforcement officer; ( c ) an authorised officer; ( d ) a protector; or ( e ) a relevant support person, in the discharge of his or her duties, or the exercise of his or her powers, under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [30/2019]


document_id: vaa-2018
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS
section: 32
title: Offence of providing false information, etc.
content:
32. —(1) If — ( a ) a person furnishes a document or makes a statement (whether orally, in writing or any other way) or gives information to the Director‑General or an enforcement officer; ( b ) the document, statement or information is false or misleading, or the statement or information omits any matter or thing without which the statement or information (as the case may be) is misleading; ( c ) the person knows, or ought to know, that the document is false or misleading, or that statement or information is as described in paragraph ( b ); and ( d ) the document is furnished, or the statement is made or the information is given, for or in connection with a question or request of the Director‑General or enforcement officer under this Act, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [30/2019] (2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the statement or information did not omit any matter or thing without which the statement or information (as the case may be) is misleading in a material particular.


document_id: vaa-2018
provision_ref: s33
chapter: PART 6 - MISCELLANEOUS
section: 33
title: Notice to attend court
content:
33. —(1) Where it appears to the Director‑General or an enforcement officer that any person has committed an offence under this Act, the Director‑General or enforcement officer may serve upon the person a notice in such form as may be prescribed requiring the person to attend the court, at the hour and on the date specified in the notice. [30/2019] (2) The Director‑General or enforcement officer must prepare a duplicate of the notice mentioned in subsection (1) and, if so required by a court, produce the same to the court. [30/2019] (3) On an accused person appearing before a court pursuant to such a notice, the court is to take cognizance of the offence alleged and must proceed as though the accused person were produced before the court under section 153 of the Criminal Procedure Code 2010. (4) If a person, upon whom such a notice has been served, fails to appear before a court in accordance with the notice, the court must then issue a warrant for arrest of that person. (5) Upon a person arrested pursuant to a warrant issued under subsection (4) being produced before a court, the court must proceed as though the person were produced under section 153 of the Criminal Procedure Code 2010. [Act 31 of 2022 wef 01/11/2022]


document_id: vaa-2018
provision_ref: s34
chapter: PART 6 - MISCELLANEOUS
section: 34
title: Protection from personal liability
content:
34. —(1) No liability shall lie personally against the Director‑General, any authorised officer, enforcement officer, protector, relevant support person or other person acting under the direction of the Director‑General or a protector who, acting in good faith and with reasonable care, does or omits to do anything — ( a ) in the execution or purported execution of this Act; or ( b ) in the discharge or purported discharge of — (i) any duty of the Director‑General under this Act; (ii) any direction of the Director‑General or a protector under this Act; or (iii) any order made by a court under this Act. [30/2019] (2) No liability shall lie personally against any member of the Review 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. (3) No liability shall lie personally against any person appointed by a court or pursuant to an order of a court, who, acting in good faith and with reasonable care, does or omits to do anything in the discharge or purported discharge of any order made by a court under this Act. (4) No liability shall lie personally against any person who, acting in good faith and with reasonable care, does or omits to do anything in a place of temporary care and protection, a place of safety or the premises of a fit person in the discharge or purported discharge of — ( a ) any direction given by the Director‑General or a protector under this Act; or ( b ) any order made by a court under this Act. [30/2019]


document_id: vaa-2018
provision_ref: s35
chapter: PART 6 - MISCELLANEOUS
section: 35
title: Service of documents
content:
35. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document may be served on an individual — ( 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 person apparently residing there, or at the individual’s business address with an adult person apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act; or ( f ) by sending it by email to the individual’s email address. (3) A document may be served on a partnership (other than a limited liability partnership) — ( 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 may be served on a body corporate (including a limited liability partnership) or an unincorporated association — ( a ) by giving it to the secretary or other 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 on a person 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 the transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) A document may be served on a person under this Act by email only with that person’s prior written consent. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; and ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “email address” means the last email address given by the addressee concerned 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: vaa-2018
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS
section: 36
title: Family Justice Rules
content:
36. —(1) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules — ( a ) to regulate and prescribe the procedure and practice to be followed in respect of an application to a court under this Act; and ( b ) to provide for any matter relating to that procedure or practice. (2) The Family Justice Rules, may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. (3) All Family Justice Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: vaa-2018
provision_ref: s37
chapter: PART 6 - MISCELLANEOUS
section: 37
title: Regulations
content:
37. —(1) The Minister may make regulations 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: ( a ) the duties and powers of the managers of places of temporary care and protection and places of safety; ( b ) the records to be kept by the managers of places of temporary care and protection and places of safety, and the returns and other information to be provided to the Director‑General with respect to those places; ( c ) the reports and information to be submitted to the Director‑General relating to vulnerable adults residing in places of temporary care and protection and places of safety; ( d ) the constitution and procedures of the Review Board; ( e ) any matter relating to the release of any arrested person on any bail or bond under section 28(5) or (6). [30/2019]


document_id: vca-1967
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Commandant” means the officer appointed by the Minister under section 6; “commanding officer” means the Deputy Commissioner of Police, the Senior Assistant Commissioner of Police and an Assistant Commissioner of Police, the Director of the Police Academy and any police officer lawfully acting in any of these appointments; “Commissioner” means the Commissioner of Police; “Corps” means the Vigilante Corps established under this Act; “detention barracks” means any building or part of a building set apart by the Commissioner for the purposes of persons serving sentences of detention; “disciplinary officer” means any officer or any police officer of or above the rank of Inspector in the Police Force who is appointed by the Commandant to conduct disciplinary proceedings; “member of the Corps” or “member” means any person of any rank in the Corps; “national serviceman” means a person who has been directed to present himself for enlistment in the Corps under the provisions of any written law for the time being in force relating to national service or enlistment; “officer” means any member of the Corps not below the rank of assistant unit leader; “Police Force” means the Singapore Police Force established by the Police Force Act 2004; “subordinate officer” means a member of the Corps below the rank of assistant unit leader.


document_id: vca-1967
provision_ref: s3
section: 3
title: Raising and maintenance of Vigilante Corps
content:
3. There shall be raised and maintained in accordance with the provisions of this Act and its regulations a corps to be known as the Vigilante Corps.


document_id: vca-1967
provision_ref: s4
section: 4
title: Composition of Corps
content:
4. The Corps shall consist of — ( a ) national servicemen; and ( b ) volunteers who have been enrolled in the Corps by the Commandant.


document_id: vca-1967
provision_ref: s5
section: 5
title: Functions of Corps
content:
5. The Corps shall — ( a ) assist the Police Force in the maintenance of law and order, the preservation of public peace, the prevention and detection of crime and the apprehension of offenders; and ( b ) perform such other functions and duties as may be assigned to the Corps by the Minister.


document_id: vca-1967
provision_ref: s6
section: 6
title: Appointment of Commandant
content:
6. The Minister may appoint a Commandant of the Corps who shall, subject to the general direction and control of the Commissioner, be responsible for the command, administration, discipline, training and welfare of the Corps.


document_id: vca-1967
provision_ref: s7
section: 7
title: Affiliation to Police Force
content:
7. —(1) The Corps shall be affiliated to the Police Force but members of the Corps shall not be police officers within the meaning of the Police Force Act 2004. (2) The Commissioner may second any member of the Police Force for full‑time or part‑time service in the Corps.


document_id: vca-1967
provision_ref: s8
section: 8
title: Corps to consist of units
content:
8. The Corps shall consist of such units and divisions as may from time to time be approved by the Minister.


document_id: vca-1967
provision_ref: s9
section: 9
title: Power to disband Corps
content:
9. The Minister may, whenever it seems to him expedient to do so, disband or discontinue the service of the Corps or any part of the Corps.


document_id: vca-1967
provision_ref: s10
section: 10
title: Oath or affirmation
content:
10. —(1) Every member of the Corps shall take an oath or affirmation in such form as the Minister may prescribe before the Commandant or such person as may be authorised by him. (2) Any member of the Corps who refuses to take such oath or affirmation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (3) This section shall not apply to members of the Corps who are national servicemen.


document_id: vca-1967
provision_ref: s11
section: 11
title: Certificate
content:
11. —(1) A certificate shall be issued to every member of the Corps and shall be evidence of his appointment under this Act. (2) No certificate shall be issued to any member of the Corps who is a national serviceman.


document_id: vca-1967
provision_ref: s12
section: 12
title: Resignation and discharge from Corps
content:
12. —(1) Any member of the Corps, who is enrolled as a volunteer, may resign by giving to the Commandant 14 days’ notice in writing of his intention to do so. (2) The Commandant may discharge any member of the Corps where he is of the opinion that the member is not likely to become or remain useful in the Corps.


document_id: vca-1967
provision_ref: s13
section: 13
title: Delivery of Government property on leaving Corps
content:
13. —(1) Every member of the Corps who, by resignation, dismissal, discharge or otherwise leaves the Corps, shall before leaving deliver up in good order (fair wear and tear only excepted) any arms, ammunition, accoutrement, uniform or other article supplied to him and any other property belonging to the Government which may be in his possession. (2) Any person neglecting to deliver up any such article or property shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months, and shall, in addition be liable to pay the value of the article or property not delivered up. (3) For the purposes of subsection (2), the value of the article or property shall be ascertained in a summary manner by the same court by which the person was convicted, where it shall be recoverable as a fine.


document_id: vca-1967
provision_ref: s14
section: 14
title: Desertion
content:
14. —(1) If any member of the Corps unlawfully absents himself from duty under circumstances which show that he has the intention of not returning to his duty, he shall be deemed to have deserted and shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 12 months. (2) Any police officer may arrest without warrant any person where there are reasonable grounds to believe that that person is guilty of an offence under subsection (1).


document_id: vca-1967
provision_ref: s15
section: 15
title: Members to obey lawful orders
content:
15. Every member of the Corps shall obey all lawful orders, whether given verbally or in writing by his superior officer and shall obey and conform to any written order issued from time to time by the Commissioner, a commanding officer or the Commandant.


document_id: vca-1967
provision_ref: s16
section: 16
title: Punishment of subordinate officers
content:
16. —(1) Where a subordinate officer is found guilty by a disciplinary officer of any of the offences specified in the Schedule, the disciplinary officer may impose any one of the following punishments: ( a ) detention for a period not exceeding 40 days; ( b ) a fine not exceeding $200; ( c ) stoppage of leave for any period not exceeding 28 days; ( d ) restriction of privileges for any period not exceeding 14 days; ( e ) extra duty or drill for any period not exceeding 7 days; ( f ) reprimand; ( g ) caution. (2) If a disciplinary officer is of the opinion that a subordinate officer found guilty of any offence under this section should be reduced in rank, he may refer the charge and the record of the proceedings to the Commandant who may reduce the rank of the subordinate officer or impose any one of the punishments which a disciplinary officer may impose under subsection (1). (3) A subordinate officer may appeal against any decision under this section to a commanding officer within 14 days from the date of the decision and in every case where an appeal has been lodged, any punishment imposed shall be suspended pending the determination of the appeal. (4) In addition to any of the punishments under subsection (1), a disciplinary officer may order a subordinate officer found guilty of any offence under this Act to pay compensation not exceeding $50 to any person who suffered damage or loss through the offence.


document_id: vca-1967
provision_ref: s17
section: 17
title: Punishment of officers
content:
17. —(1) Where an officer is found guilty of any of the offences specified in the Schedule by any person authorised by regulations made under this Act to conduct disciplinary proceedings, a commanding officer may reduce the rank of the officer or impose any one of the punishments which a disciplinary officer may impose under section 16(1). (2) An officer may appeal against any decision under this section to the Commissioner within 14 days from the date of the decision and in every case where an appeal has been lodged, any punishment imposed shall be suspended pending the determination of the appeal. (3) In addition to any of the punishments under subsection (1), a commanding officer may order an officer found guilty of any offence under this Act to pay compensation not exceeding $100 to any person who suffered damage or loss through the offence.


document_id: vca-1967
provision_ref: s18
section: 18
title: Decision on appeal
content:
18. On appeal under section 16 or 17, a commanding officer or the Commissioner, as the case may be, may — ( a ) dismiss the appeal; ( b ) allow the appeal and quash the decision; or ( c ) impose such other punishment as he thinks fit except that the punishment so imposed shall not in any event be greater or more severe than that originally imposed.


document_id: vca-1967
provision_ref: s19
section: 19
title: Commencement of sentence of detention
content:
19. A term of detention imposed under section 16 or 17 shall take effect from the date on which it was passed unless the officer passing the sentence otherwise directs.


document_id: vca-1967
provision_ref: s20
section: 20
title: Sentence of detention
content:
20. A person sentenced to detention under this Act shall, unless otherwise provided for in any regulations made under the Act, serve his sentence in detention barracks.


document_id: vca-1967
provision_ref: s21
section: 21
title: Provisions as to persons unlawfully at large
content:
21. —(1) Any person who, having been sentenced to detention under this Act, is at large may (without prejudice to any other power of arrest) be arrested by any police officer without warrant and taken to any place in which he may be required to be detained in accordance with this Act or any of its regulations. (2) Where any person sentenced to detention under this Act is at large at any time during the period for which he is liable to be detained in pursuance of the sentence, no account shall be taken, in calculating the period for which he is liable to be so detained, of any time elapsing after he was at large and before he is taken into custody or he is received into a detention barrack.


document_id: vca-1967
provision_ref: s22
section: 22
title: Recovery of compensation
content:
22. An order for payment of compensation made under section 16 or 17 shall not prejudice any right to any civil remedy for the recovery of damages beyond the amount of compensation paid under the order.


document_id: vca-1967
provision_ref: s23
section: 23
title: Approval of proper authority for discharge of member called up for national service
content:
23. No member of the Corps who has been called up for national service in the Corps shall be discharged under section 12 except with the prior approval of the proper authority appointed under any written law relating to national service or enlistment.


document_id: vca-1967
provision_ref: s24
section: 24
title: Prosecution for disciplinary offences
content:
24. —(1) Any member of the Corps accused of any of the offences specified in the Schedule may, instead of being dealt with under section 16 or 17, be prosecuted in any court and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both. (2) Where a member of the Corps is convicted under subsection (1), the court may order him to pay to any person who suffered damage or loss through the offence compensation not exceeding $1,000. (3) Nothing in subsection (2) shall prejudice the right of any person to a civil remedy for the recovery of damages beyond the amount of compensation ordered. (4) No prosecution under this section shall be instituted without the previous sanction in writing of a commanding officer.


document_id: vca-1967
provision_ref: s25
section: 25
title: Threatening or insulting police officer or Vigilante Corps member of senior or equal rank
content:
25. —(1) Any member of the Corps who threatens or insults any police officer or member of senior or equal rank when that police officer or member is on duty, or when such threat or insult relates to or is consequent on the discharge of duty by the police officer or member so threatened or insulted, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (2) Any police officer may arrest without warrant any member of the Corps who has committed or is accused of having committed an offence under subsection (1).


document_id: vca-1967
provision_ref: s26
section: 26
title: Loss of or damage to arms, equipment, etc., to be made good by order of court or by composition
content:
26. —(1) Any member of the Corps who pawns, sells, loses by neglect, makes away with or wilfully or negligently damages any arms, ammunition, accoutrement, uniform or other article supplied to him, or any vehicle or property committed to his charge shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months, and shall, in addition be liable to pay the value of that article or property. (2) For the purposes of subsection (1), the value of that article or property shall be ascertained in a summary manner by the same court by which the person was convicted, where it shall be recoverable as a fine. (3) The Commandant may in minor cases compound such offences.


document_id: vca-1967
provision_ref: s27
section: 27
title: Power to summon witnesses
content:
27. —(1) Subject to subsection (2), the person conducting the disciplinary proceedings into any offence under section 16 or 17 may by notice require any person to attend and give evidence before him and may require that person to produce any documents relating to that offence. (2) No person required to attend under subsection (1) shall be obliged to disclose any matter or produce any document which would have been protected from disclosure or production, as the case may be, on the ground of privilege if the proceedings had been held in any court. (3) Any person required to attend under subsection (1) who without reasonable excuse fails to do so shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100 or to imprisonment for a term not exceeding one month or to both.


document_id: vca-1967
provision_ref: s28
section: 28
title: Authorised deductions only to be made from pay
content:
28. The pay of a member of the Corps shall be paid without any deduction other than the deductions authorised by this Act or any of its regulations or by any other written law.


document_id: vca-1967
provision_ref: s29
section: 29
title: Deductions from ordinary pay of member of Corps
content:
29. —(1) Subject to subsection (2), the following deductions may, or if regulations so provide shall, be made from the ordinary pay due to a member of the Corps: ( a ) all ordinary pay — (i) for every day of absence on desertion or without leave, or for overstaying the period for which leave of absence is granted; (ii) for every day of imprisonment, corrective training, preventive detention, reformative training or detention of any other description, to which he is liable in consequence of an order or sentence of a court or order of the civil power; (iii) for every day of detention imposed under section 16 or 17; and (iv) for every day on which he is in hospital on account of sickness certified by the proper medical officer attending on him at the hospital to have been caused by an offence under this Act committed by him; ( b ) the sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of any offence as may be awarded by a court by whom he is convicted of the offence or by a person conducting the disciplinary proceedings against him under this Act or any of its regulations; ( c ) the sum required to make good such compensation for any expenses caused by him, or for any loss of or damage or destruction done by him to any arms, equipment, clothing, instruments or to any buildings or property, as may be awarded by a court or by a person conducting the disciplinary proceedings against him under this Act or any of its regulations; and ( d ) the sum required to pay a fine imposed under section 16 or 17 or any fine, penalty, damages, compensation or costs which a court before which he has been charged with an offence has ordered him to pay. (2) The total amount of deduction from the ordinary pay due to a member of the Corps in respect of the sums required to pay any compensation, fine or sum awarded or ordered to be paid under subsection (1) shall not exceed such sums as will leave to him less than $1 a day; and a member shall not be subjected to any deductions greater than is sufficient to make good the expenses, loss, damage or destruction for which the compensation is awarded, or to pay the sum awarded or ordered.


document_id: vca-1967
provision_ref: s30
section: 30
title: Supplemental provisions as to deductions from ordinary pay
content:
30. —(1) Any sum authorised by this Act to be deducted from the ordinary pay of a member of the Corps may, without prejudice to any other mode of recovering the same, be deducted from the ordinary pay or from any sums due to the member, in such manner, and when deducted or recovered may be appropriated in such manner, as may from time to time be directed by any regulations made under this Act. (2) Any regulations referred to in subsection (1) may from time to time declare what shall, for the purposes of this Act relating to deductions from pay, be deemed to constitute a day of absence or a day of imprisonment or detention, except that — ( a ) no person shall be treated as absent, imprisoned or detained for the purposes of this Act unless the absence, imprisonment or detention has lasted 6 hours or more, or the absence prevented the absentee from fulfilling any duty; ( b ) a period of absence, imprisonment or detention which commences before and ends after midnight may be reckoned as a day; ( c ) the number of days shall be reckoned as from the time when the absence, imprisonment or detention commences; and ( d ) no period of less than 24 hours shall be reckoned as more than one day.


document_id: vca-1967
provision_ref: s31
section: 31
title: Regulations
content:
31. —(1) The Minister may make regulations with respect to the constitution, general administration, discipline, training and welfare of the Corps and generally for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of subsection (1), such regulations may provide for — ( a ) the manner in which, and conditions subject to which, persons are to be enrolled in the Corps, and the form of declaration to be taken by such persons; ( b ) the conditions of physical fitness required of members of the Corps; ( c ) the training to be undergone by members of the Corps; ( d ) the attendance at courses of instruction and training by members of the Corps; ( e ) the seniority of officers and the entry, confirmation, appointment and promotion of members of the Corps; ( f ) uniforms and equipment to be used in the Corps; ( g ) awards of compensation in respect of death and personal injuries; ( h ) awards of pensions and gratuities; ( i ) reimbursements or payments to members of the Corps; ( j ) the duties and responsibilities of a member who has been called up for service in the Corps under the provisions of any written law relating to national service or enlistment; ( k ) discipline and punishments; and ( l ) any other matter necessary or expedient for carrying out the purposes of this Act.


document_id: vca-1967
provision_ref: s32
section: 32
title: Continuance of existing Vigilante Corps and persons deemed to be members of Corps
content:
32. —(1) The Vigilante Corps existing immediately before 22 September 1967 shall, as from and after that date, be deemed to have been raised and maintained under this Act. (2) With effect from 22 September 1967, every person who immediately before that date was a member of the Vigilante Corps shall be deemed to be appointed or enrolled, with the same rank or seniority, under the provisions of this Act, and the provisions of this Act shall extend to every such person accordingly.


document_id: vcca-2018
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the contrary intention appears — “Accounting Standards”, in relation to a VCC, means — ( a ) the accounting standards mentioned in section 100(8)( a ) or the accounting standards or practices prescribed under section 100(8)( b ); or ( b ) where those accounting standards or practices (as the case may be) are substituted with other accounting standards under section 100(9) in relation to that VCC, the other accounting standards; “accounts” means profit and loss accounts and balance sheets and includes notes (other than auditors’ reports or directors’ reports) attached or intended to be read with any of those profit and loss accounts or balance sheets; “ACRA” means the Accounting and Corporate Regulatory Authority established under section 3 of the Accounting and Corporate Regulatory Authority Act 2004; “book-entry securities” has the meaning given by section 81SF of the Securities and Futures Act 2001; “books” has the meaning given by section 4(1) of the Companies Act 1967; “borrowing VCC” means a VCC that is or will be under a liability (whether or not such liability is present or future) to repay any money received or to be received by it in response to an invitation to the public to subscribe for or purchase debentures of the VCC; “business day” means any day other than a Saturday, Sunday or public holiday; “certified” — ( a ) in relation to a copy of a document, means certified in the prescribed manner to be a true copy of the document; and ( b ) in relation to a translation of a document, means certified in the prescribed manner to be a correct translation of the document into the English language; “charge” includes a mortgage and any agreement to give or execute a charge or mortgage whether upon demand or otherwise; “collective investment scheme” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “company” has the meaning given by section 4(1) of the Companies Act 1967; “consolidated financial statements” has the meaning given by the Accounting Standards; “constitution”, in relation to a VCC, means the constitution of the VCC that is registered with the Registrar under section 16(4), as may be amended from time to time; “contributory” — ( a ) in relation to a VCC, means a person liable to contribute to the assets of the VCC in the event of its being wound up, and includes the holder of fully paid shares in the VCC and (before the final determination of the persons who are contributories) any person alleged to be a contributory of the VCC; and ( b ) in relation to a sub-fund, means a person liable to contribute to the assets of the sub‑fund in the event of its being wound up, and includes the holder of fully paid shares in the VCC that are issued in respect of that sub‑fund and (before the final determination of the persons who are contributories) any person alleged to be a contributory of the sub‑fund; “corporation” has the meaning given by section 4(1) of the Companies Act 1967 and (to avoid doubt) includes a VCC; “Court” means the General Division of the High Court; “creditors’ voluntary winding up” means a winding up under Division 3 of Part 10 of the Companies Act 1967 as applied by section 130, but not a members’ voluntary winding up; “custodian” — ( a ) in relation to a non-umbrella VCC, means an entity to which the assets of the VCC are entrusted for safekeeping; and ( b ) in relation to a sub-fund, means an entity to which the assets of the sub‑fund are entrusted for safekeeping; “debenture” includes debenture stock, bonds, notes and any other securities of a VCC whether constituting a charge on the assets of the VCC or not, but does not include — ( a ) a cheque, letter of credit, order for the payment of money or bill of exchange; ( b ) subject to the regulations made under section 165, a promissory note having a face value of not less than $100,000 and having a maturity period of not more than 12 months; and ( c ) for the purposes of a prescribed provision of this Act, such instrument or class of instruments as may be prescribed; “default penalty” means a default penalty within the meaning of section 147; “director” has the meaning given by section 4(1) of the Companies Act 1967; “document” includes any summons, order and other legal process, and any notice and register; “electronic communication” has the meaning given by section 4(1) of the Companies Act 1967; “emoluments”, in relation to any director or auditor of a VCC, includes any fees, percentages and other payments made (including the money value of any allowances or perquisites) or consideration given, directly or indirectly, to the director or auditor by that VCC or by a holding company or a subsidiary of that VCC, whether made or given to him or her in his or her capacity as a director or an auditor or otherwise in connection with the affairs of that VCC or of the holding company or the subsidiary; “expert” includes an engineer, a valuer, an accountant and any other person whose profession or reputation gives authority to a statement made by him or her; “financial statements”, in relation to a VCC, means the financial statements of the VCC required to be prepared in accordance with the Accounting Standards; “financial year”, in relation to a VCC, means — ( a ) the period in respect of which its financial statements are made up, whether that period is a year or not; and ( b ) which is determined in accordance with section 98; “FSMA 2022” means the Financial Services and Markets Act 2022; [Act 18 of 2022 wef 28/04/2023] “fund administration service” includes valuation, accounting, settlement of expenses and acting as a transfer agent; “holding company” has the meaning given by section 5 of the Companies Act 1967; “liquidator” includes the Official Receiver when acting as the liquidator of a VCC or a sub‑fund; “manager”, in relation to a VCC, means the manager appointed by the VCC to manage its property or to operate the collective investment scheme or schemes that comprise the VCC; “marketable securities” has the meaning given by section 4(1) of the Companies Act 1967; “MAS” means the Monetary Authority of Singapore established under section 3 of the MAS Act; “MAS Act” means the Monetary Authority of Singapore Act 1970; “members’ voluntary winding up” means a winding up under Division 3 of Part 10 of the Companies Act 1967 as applied by section 130, where a declaration has been made and lodged pursuant to section 293 of that Act as applied by section 130; “net asset value”, in relation to a VCC, means the total assets less the total liabilities of the VCC, as determined in accordance with the Accounting Standards; “non-umbrella VCC” means a VCC that is not an umbrella VCC; “officer”, in relation to a VCC or other corporation, includes — ( a ) any director or secretary of the corporation or a person employed in an executive capacity by the corporation; ( b ) a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and ( c ) any liquidator of the corporation (being a VCC or company) appointed in a voluntary winding up, but does not include — ( d ) any receiver who is not also a manager; ( e ) any receiver and manager appointed by the Court; ( f ) any liquidator appointed by the Court or by the creditors; or ( g ) a judicial manager appointed by the Court under Part 8A of the Companies Act 1967 (if applicable); “Official Receiver” means the Official Assignee appointed under the Bankruptcy Act (Cap. 20, 2009 Revised Edition), and includes the deputy of any such Official Assignee and any person appointed as Assistant Official Assignee; “profit and loss account” includes income and expenditure account, revenue account or any other account showing the results of the business of a corporation for a period; “prohibition order” means — ( a ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the FSMA 2022; ( b ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the FSMA 2022, and as continued by section 220(3) of the FSMA 2022; or ( c ) a prohibition order made under section 7(1) of the FSMA 2022; [Act 18 of 2022 wef 31/07/2024] “prospectus” means any prospectus, notice, circular, material, advertisement, publication or other document used to make an offer of shares in a VCC or proposed VCC, but does not include — ( a ) a profile statement mentioned in section 296(2) of the Securities and Futures Act 2001; ( b ) any material, advertisement or publication which is authorised by section 300 of that Act (other than subsection (3)); or ( c ) a product highlights sheet mentioned in section 296A(1) of that Act; “public accountant” means a person who is registered or treated as registered under the Accountants Act 2004 as a public accountant; “qualified representative”, in relation to the manager of a VCC, means a representative (within the meaning of section 2(1) of the Securities and Futures Act 2001) of the manager who is — ( a ) a person described in section 99B(1)( a ), ( b ), ( c ) or ( d ) of the Securities and Futures Act 2001; or ( b ) a person who is exempt from section 99B(1) of that Act under section 99B(2) of that Act; “register of auditors” means a register of auditors kept by the Registrar under section 173 of the Companies Act 1967 as applied by section 71(1); “register of directors” means a register of directors kept by the Registrar under section 173 of the Companies Act 1967 as applied by section 71(1); “register of managers” means a register of managers kept by the Registrar under section 71(3); “register of members” means a register of members kept by a VCC under section 81; “register of secretaries” means a register of secretaries kept by the Registrar under section 173 of the Companies Act 1967 as applied by section 71(1); “registered qualified individual” has the meaning given by section 2(1) of the Corporate Service Providers Act 2024; [Act 22 of 2024 wef 09/06/2025] “Registrar” means the Registrar of VCCs appointed under this Act, and includes any Deputy or Assistant Registrar of VCCs; “registration number”, in relation to a sub-fund, means the registration number given by the Registrar to the sub‑fund upon its registration under section 27; “related corporation”, in relation to a corporation, means a corporation that is treated as related to the firstmentioned corporation under section 4; “share”, in relation to a VCC, means a unit in a collective investment scheme that is part of the VCC, and includes a share taken by a subscriber to the constitution of a VCC, whether or not it is such unit; “solicitor” means an advocate and solicitor of the Supreme Court; “sub-fund” means a collective investment scheme that is part of an umbrella VCC; “subsidiary” has the meaning given by section 5 of the Companies Act 1967; “umbrella VCC” means a VCC the constitution of which provides that it consists of, or is to consist of, 2 or more collective investment schemes, or words to that effect; “unit”, in relation to a collective investment scheme, has the meaning given by section 2(1) of the Securities and Futures Act 2001; “VCC” or “variable capital company” means a body corporate incorporated as such under this Act; “virtual meeting technology” means any technology that allows a person to participate in a meeting without being physically present at the place of meeting; [Act 17 of 2023 wef 01/07/2023] “wholly owned subsidiary” has the meaning given by section 5B of the Companies Act 1967. [28/2019; 40/2019] (2) In this Act (including a provision of the Companies Act applied by this Act) — ( a ) a reference to the directors of a VCC is, in the case of a VCC that 


document_id: vcca-2018
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Affairs of corporation or sub-fund
content:
3. —(1) Unless the context otherwise requires, a reference to the affairs of a VCC or other corporation (called in this subsection the corporation) in the following provisions: ( a ) Part 9, including a provision of the Companies Act 1967 applied by that Part; ( b ) section 130(13); ( c ) paragraph ( f ) of the provision that replaces section 254(1) of the Companies Act because of section 130(8); ( d ) section 142; ( e ) section 145; ( f ) section 155, is a reference to — ( g ) the promotion, formation, membership, control, business, trading, transactions and dealings (whether alone or jointly with another person and including transactions and dealings as agent, bailee or trustee), property (whether held alone or jointly with another person and including property held as agent, bailee or trustee), liabilities (including liabilities owed jointly with another person and liabilities as trustee), profits and other income, receipts, losses, outgoings and expenditure of the corporation; ( h ) in the case of a corporation (not being a trustee corporation) that is a trustee (but without affecting paragraph ( g )), matters concerned with the ascertainment of the identity of the persons who are beneficiaries under the trust, their rights under the trust and any payments that they have received, or are entitled to receive, under the terms of the trust; ( i ) the internal management and proceeding of the corporation; ( j ) any act or thing done (including any contract made and any transaction entered into) by or on behalf of the corporation, or to or in relation to the corporation or its business or property, at a time when — (i) a receiver, or a receiver and manager, is in possession of, or has control over, property of the corporation; (ii) the corporation is under judicial management (where applicable); (iii) a compromise or an arrangement made between the corporation and another person or other persons is being administered; or (iv) the corporation or (if it is an umbrella VCC) the corporation or any of its sub‑funds, is being wound up, and includes any conduct of the receiver, the receiver and manager, or the judicial manager of the person administering the compromise or arrangement or of any liquidator or provisional liquidator of the corporation or sub‑fund (where applicable); ( k ) the ownership of shares in, debentures of, and interests issued by, the corporation; ( l ) the power of persons to exercise, or to control the exercise of, the rights to vote attached to shares in the corporation or to dispose of, or to exercise control over the disposal of, such shares; ( m ) matters concerned with the ascertainment of the persons who are or have been financially interested in the success or failure, or apparent success or failure, of the corporation or are or have been able to control or materially influence the policy of the corporation; ( n ) the circumstances under which a person acquired or disposed of, or became entitled to acquire or dispose of, shares in, debentures of, or interests issued by, the corporation; ( o ) where the corporation has issued interests, matters concerning the financial or business undertaking, scheme, common enterprise or investment contract to which those interests relate; and ( p ) matters relating to or arising out of the audit of, or working papers or reports of an auditor concerning, any matters in paragraphs ( g ) to ( o ). (2) Unless the context otherwise requires, a reference to the affairs of a sub‑fund in the following provisions: ( a ) section 114(5)( a )(ii); ( b ) section 145; ( c ) paragraph ( f ) of the provision that replaces section 254(1) of the Companies Act because of paragraph 14 of the First Schedule; ( d ) paragraph 19 of the First Schedule, is a reference to — ( e ) the promotion, formation, control, business, trading, transactions and dealings of the sub‑fund (whether by the umbrella VCC alone or jointly with another person and including transactions and dealings as agent, bailee or trustee), property of the sub‑fund (whether held by the umbrella VCC alone or jointly with another person and including property held as agent, bailee or trustee), liabilities of the sub‑fund (including liabilities owed by the umbrella VCC jointly with another person and liabilities as trustee), profits and other income, receipts, losses, outgoings and expenditure of the umbrella VCC received or incurred for the purpose of the sub‑fund; ( f ) the internal management and proceeding of the umbrella VCC in respect of the sub‑fund; ( g ) any act or thing done (including any contract made and any transaction entered into) — (i) by the umbrella VCC for the purpose of the sub‑fund; or (ii) to or in relation to the umbrella VCC in respect of the sub‑fund or the business or property of the sub‑fund, at a time when — (iii) a receiver, or a receiver and manager, is in possession of, or has control over, property of the sub‑fund; (iv) a compromise or an arrangement made between the umbrella VCC (for the purpose of the sub‑fund) and the creditors of the sub‑fund (or any class of them), members holding shares issued in respect of that sub‑fund (or any class of them), or another person or other persons, is being administered; or (v) the sub-fund is being wound up, and includes any conduct of the receiver, the receiver and manager, of the person administering the compromise or arrangement or of any liquidator or provisional liquidator of the sub‑fund, as the case may be; ( h ) the ownership of shares in and interests issued by the umbrella VCC in respect of the sub‑fund, or the debentures of the sub‑fund; ( i ) the power of persons to exercise, or to control the exercise of, the rights to vote attached to shares issued by the umbrella VCC in respect of the sub‑fund, or to dispose of, or to exercise control over the disposal of, such shares; ( j ) matters concerned with the ascertainment of the persons who are or have been financially interested in the success or failure, or apparent success or failure, of the sub‑fund or are or have been able to control or materially influence the policy of the umbrella VCC in relation to the sub‑fund; ( k ) the circumstances under which a person acquired or disposed of, or became entitled to acquire or dispose of, shares in or interests issued by the umbrella VCC in respect of the sub‑fund, or the debentures of the sub‑fund; ( l ) matters concerning the financial or business undertaking, scheme, common enterprise or investment contract to which the shares of the umbrella VCC in respect of the sub-fund relate; and ( m ) matters relating to or arising out of the audit of, or working papers or reports of an auditor concerning, any matters in paragraphs ( e ) to ( l ). [28/2019]


document_id: vcca-2018
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: When corporations related to each other
content:
4. For the purposes of this Act, where a corporation — ( a ) is the holding company of another corporation; ( b ) is a subsidiary of another corporation; or ( c ) is a subsidiary of the holding company of another corporation, then the firstmentioned corporation and the other corporation are treated as related to each other.


document_id: vcca-2018
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Purpose of Act and application of Companies Act provisions in this Act
content:
5. —(1) The purpose of this Act is to enable a body corporate known as a variable capital company or VCC, to be formed, and to provide for its operation and regulation. (2) This Act (except for Part 7) applies the provisions of the Companies Act subject to the modifications set out by this Act. (3) Where a provision of the Companies Act 1967 (called in this section an incorporated provision) is incorporated by reference in this Act, whether with or without modifications, then, in addition to any specific modifications set out in this Act — ( a ) the incorporated provision applies with the necessary modifications; ( b ) a reference in the incorporated provision to another incorporated provision is to that other provision as applied by this Act; ( c ) a reference in the incorporated provision to the Registrar of Companies is to the Registrar; ( d ) subject to section 2(5), a reference in the incorporated provision to the Minister is to the Minister having charge of this Act; ( e ) a reference in the incorporated provision to the Authority is to ACRA; ( f ) a reference in the incorporated provision to a default penalty is to the default penalty in section 147; ( g ) a reference in the incorporated provision to a prescribed matter is to the matter prescribed by regulations made under section 165; and ( h ) the incorporated provision applies subject to such other modifications as may be prescribed by regulations made under subsection (4). (4) The Minister may, for a period of 2 years starting on 14 January 2020, make regulations to prescribe further modifications to an incorporated provision in its application by this Act.


document_id: vcca-2018
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Application of Companies Act 1967 to VCC, etc.
content:
6. —(1) Where a provision of the Companies Act 1967 is incorporated by reference in this Act and applies to or in relation to a VCC, a person of a VCC or a matter concerning a VCC, as that Companies Act 1967 provision applies to or in relation to a corporation, a person of a corporation or a matter concerning a corporation, then (despite a VCC being a corporation within the meaning of the Companies Act 1967) the Companies Act 1967 provision is disapplied, but only to the extent of such application in this Act. (2) Where a provision of the Companies Act 1967 has a corresponding provision in this Act that applies to or in relation to a VCC, a person of a VCC or a matter concerning a VCC, as that Companies Act 1967 provision applies to or in relation to a corporation, a person of a corporation or a matter concerning a corporation, then (despite a VCC being a corporation within the meaning of the Companies Act 1967) the Companies Act 1967 provision is disapplied, but only to the extent of such application in the corresponding provision. (3) Despite anything in the Companies Act 1967 — ( a ) Division 5 of Part 10 of that Act does not apply for the purpose of the winding up of a VCC or a sub‑fund of an umbrella VCC; and ( b ) Division 6 of Part 10 of that Act does not apply to any proceedings concerning a VCC or a sub‑fund of an umbrella VCC.


document_id: vcca-2018
provision_ref: s8
chapter: PART 2 - ADMINISTRATION OF ACT
section: 8
title: Administration of Act and appointment of Registrar of VCCs, etc.
content:
8. —(1) ACRA is responsible for the administration of this Act other than Part 7, subject to the general or special directions of the Minister. (2) The Minister may, after consulting ACRA — ( a ) appoint an officer of ACRA as the Registrar of VCCs; and ( b ) appoint from among the officers of ACRA, public officers and the officers of any other statutory body, such number of Deputy Registrars and Assistant Registrars of VCCs as the Minister considers necessary, for the proper administration of this Act. (3) ACRA may give to the Registrar such directions, not inconsistent with the provisions of this Act, as to the exercise of the Registrar’s powers, functions or duties under this Act, and the Registrar is to give effect to the directions. (4) Subject to the general direction and control of the Registrar and to such restrictions and limitations as may be prescribed by regulations made under section 165, anything which the Registrar is authorised or required to do or sign under this Act may be done or signed by a Deputy or an Assistant Registrar and is as valid and effectual as if done or signed by the Registrar. (5) A person dealing with a Deputy or an Assistant Registrar need not inquire whether any restrictions or limitations have been prescribed, and every act or omission of a Deputy or an Assistant Registrar so far as it affects that person is as valid and effectual as if done or omitted by the Registrar. (6) A court, judge or person acting judicially must take judicial notice of the seal and signature of the Registrar or of a Deputy or an Assistant Registrar.


document_id: vcca-2018
provision_ref: s9
chapter: PART 2 - ADMINISTRATION OF ACT
section: 9
title: Registers, etc.
content:
9. —(1) Subject to this Act, the Registrar must keep such registers as the Registrar considers necessary and in such form as the Registrar thinks fit. (2) Any person may, on payment of the prescribed fee — ( a ) inspect any document (other than a return or a copy of the constitution of a VCC) filed or lodged with the Registrar, including a microfilm of such document; ( b ) require a copy of the notice of incorporation of a VCC, any certificate issued under this Act, or any document or extract from any document kept by the Registrar (other than a return or a copy of the constitution of a VCC), to be given or certified by the Registrar; or ( c ) inspect any register of directors, managers, secretaries or auditors, or require a copy of or an extract from any such register. (3) Despite subsection (2)( b ), a certificate of confirmation of incorporation of a VCC mentioned in section 16(7) may only be issued to the VCC upon an application made in accordance with that provision. (4) Despite subsection (2)( a ) and ( c ), a director, manager, secretary, auditor or member of a VCC or a custodian of a non‑umbrella VCC or a sub-fund may, without charge — ( a ) inspect the register of directors, managers, secretaries or auditors of that VCC; or ( b ) obtain from the Registrar a copy of or an extract from such a register. (5) A copy of or an extract from any document (including a copy produced by way of microfilm) filed or lodged with the Registrar using a non‑electronic medium that is certified to be a true copy or an extract by the Registrar is, in any proceedings, admissible in evidence as of equal validity with the original document. (6) In any legal proceedings, a certificate issued by the Registrar that a requirement of this Act specified in the certificate — ( a ) had or had not been complied with on a date or within a period specified in the certificate; or ( b ) had been complied with upon a date specified in the certificate but not before that date, is prima facie evidence of the matters specified in the certificate. (7) If the Registrar is of the opinion that any document submitted to the Registrar — ( a ) contains any matter contrary to any law; ( b ) by reason of any omission or misdescription, has not been duly completed; ( c ) does not comply with the requirements of this Act; or ( d ) contains any error, alteration or erasure, the Registrar may refuse to register or receive the document, and may request that the document be appropriately amended or completed and resubmitted, or that a fresh document be submitted in its place. (8) If the Registrar is of the opinion that it is no longer necessary or desirable to retain any document lodged, filed or registered with the Registrar and which has been microfilmed or converted to electronic form, the Registrar may — ( a ) destroy the document with the authorisation of the National Library Board under section 17 of the National Library Board Act 1995; or ( b ) transfer the document to the National Archives of Singapore under section 16 of that Act. (9) In subsection (5), “non‑electronic medium” means a medium other than the electronic transaction system established under Part 6A of the Accounting and Corporate Regulatory Authority Act 2004.


document_id: vcca-2018
provision_ref: s10
chapter: PART 2 - ADMINISTRATION OF ACT
section: 10
title: Electronic transaction system
content:
10. —(1) The Registrar may — ( a ) require or permit any person to carry out any transaction with the Registrar under this Act; and ( b ) issue any approval, certificate, notice, determination or other document pursuant or connected to a transaction mentioned in paragraph ( a ), using the electronic transaction system established under Part 6A of the Accounting and Corporate Regulatory Authority Act 2004. (2) If the Registrar is satisfied that a transaction should be treated as having been carried out at some earlier date and time, than the date and time which is reflected in the electronic transaction system, the Registrar may cause the electronic transaction system and the registers kept by the Registrar to reflect such earlier date and time. (3) The Registrar must keep a record whenever the electronic transaction system or the registers are altered under subsection (2). (4) In this section — “document” includes any application, form, report, certification, notice, confirmation, declaration, return or other document (whether in electronic form or otherwise) filed or lodged with, or submitted to the Registrar; “transaction”, in relation to the Registrar, means — ( a ) the filing or lodging of any document with the Registrar, or the submission, production, delivery, providing or sending of any document to the Registrar; ( b ) the making of any application, submission or request to the Registrar; ( c ) the provision of any undertaking or declaration to the Registrar; or ( d ) the extraction, retrieval or accessing of any document, record or information maintained by the Registrar.


document_id: vcca-2018
provision_ref: s11
chapter: PART 2 - ADMINISTRATION OF ACT
section: 11
title: Rectification of registers
content:
11. Subject to section 5, sections 12B, 12C and 12D of the Companies Act 1967 apply in relation to a register kept by the Registrar as they apply in relation to a register kept by the Registrar of Companies under that Act.


document_id: vcca-2018
provision_ref: s12
chapter: PART 2 - ADMINISTRATION OF ACT
section: 12
title: Enforcement of duty to make returns
content:
12. —(1) This section applies if a VCC or any person — ( a ) having failed to comply with any provision of this Act or of any other law which requires any return, account, notice or other document to be filed or lodged with, or submitted to, the Registrar or the Official Receiver; ( b ) having failed to comply with any request of the Registrar or the Official Receiver to amend or complete and resubmit any document or to submit a fresh document; or ( c ) having failed to comply with the Registrar’s request under section 12D(7) of the Companies Act 1967 (as applied by section 11) to take such steps within such time as the Registrar may specify to ensure that any error or defect in any particulars or document in a register is rectified, fails to make good the failure within 14 days after service of the notice of the Registrar or the Official Receiver on the VCC or the person requiring compliance with the provision or request. (2) The Court may, on an application by any member or creditor of the VCC or by the Registrar or the Official Receiver, make an order directing the VCC, any officer of the VCC, or such person to make good the failure within the time specified in the order. (3) Such order may provide that all costs of and incidental to the application are to be borne by the VCC or by any officer of the VCC responsible for the failure, or by the person mentioned in subsection (2). (4) Nothing in this section limits the operation of any written law imposing penalties on a VCC or its officers or such person in respect of the failure.


document_id: vcca-2018
provision_ref: s13
chapter: PART 2 - ADMINISTRATION OF ACT
section: 13
title:
Relodgment of lost registered documents, and size, durability and legibility of documents lodged with Registrar

content:
13. Subject to section 5, sections 14 and 15 of the Companies Act 1967 apply in relation to documents filed or lodged with, or delivered, sent, forwarded, produced or given to, the Registrar under this Act as they apply in relation to documents filed or lodged with, or delivered, sent, forwarded, produced or given to, the Registrar of Companies under the Companies Act 1967.


document_id: vcca-2018
provision_ref: s14
chapter: PART 2 - ADMINISTRATION OF ACT
section: 14
title: VCC auditors
content:
14. —(1) Subject to section 5 and subsection (2), section 10 of the Companies Act 1967 applies in relation to a VCC as it applies in relation to a company. (2) A reference in section 10(2) of the Companies Act 1967 to a report required to be prepared by an auditor of a company under that Act is to a report required to be prepared by an auditor of a VCC under this Act (including under a provision of the Companies Act 1967 applied by this Act).


document_id: vcca-2018
provision_ref: s15
chapter: PART 3 - CONSTITUTION OF VCC
section: 15
title: Object of VCC
content:
15. —(1) The sole object of a VCC is to be one or more collective investment schemes in the form of a body corporate. (2) A VCC may not carry on, or enter into any partnership, joint venture or other arrangement with any person to carry on, whether in Singapore or elsewhere, any business that is inconsistent with the object in subsection (1). (3) If a VCC contravenes subsection (2), the VCC and every officer of the VCC who is in default shall each be guilty of an offence and — ( a ) the VCC shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction; and ( b ) the officer shall be liable on conviction to a fine not exceeding $150,000 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 $15,000 for every day or part of a day during which the offence continues after conviction.


document_id: vcca-2018
provision_ref: s16
chapter: PART 3 - CONSTITUTION OF VCC
section: 16
title: Registration of VCC
content:
16. —(1) Subject to this Act, any person may, whether alone or together with another person, by subscribing the person’s name or their names to a constitution and complying with the requirements in subsection (2), incorporate a VCC. (2) The person or persons must — ( a ) submit to the Registrar the constitution of the proposed VCC and such other documents as may be prescribed; ( b ) submit to the Registrar the name of the manager of the proposed VCC; ( c ) submit to the Registrar the names of the directors of the proposed VCC; ( d ) provide the Registrar with the last day of the first financial year of the proposed VCC and such other information as may be prescribed; and ( e ) pay the Registrar the prescribed fee. (3) Either of the following persons: ( a ) a registered qualified individual engaged in the formation of the proposed VCC; ( b ) a person named in the constitution as a director or the secretary of the proposed VCC, must make a declaration to the Registrar that — ( c ) all of the requirements of this Act relating to the formation of the VCC have been complied with; and ( d ) the person has verified the identities of the subscribers to the constitution, and of the persons named in the constitution as officers of the proposed VCC, and the Registrar may accept such declaration as sufficient evidence of those matters. (4) Subject to this Act, if the requirements in subsections (2) and (3) are satisfied, the Registrar must — ( a ) register the VCC by registering its constitution; and ( b ) issue to the VCC a notice of incorporation. (5) Subject to this Act, beginning on the date of registration specified in the notice of incorporation, the subscribers to the constitution, together with such other persons as may from time to time become members of the VCC, are a body corporate by the name contained in the constitution — ( a ) capable immediately of exercising all of the functions of a VCC and of suing and being sued; ( b ) having perpetual succession with power to hold land; and ( c ) with such liability on the part of the members to contribute to the assets of the VCC in the event of it or any of its sub‑funds being wound up, as is provided by this Act (including the Companies Act 1967 as applied by this Act). [28/2019] (6) Subject to this Act and any other written law and its constitution, a VCC has — ( a ) in furtherance of its sole object under section 15(1), full capacity to do any act or enter into any transaction; and ( b ) for the purposes of paragraph ( a ), full rights, powers and privileges. (7) Upon the application of a VCC and payment of the prescribed fee, the Registrar must issue to the VCC a certificate of confirmation of incorporation. (8) Each subscriber to the constitution of a VCC must make a declaration to the Registrar, either personally or through a registered qualified individual, as to the number of shares that the subscriber agrees to take.


document_id: vcca-2018
provision_ref: s17
chapter: PART 3 - CONSTITUTION OF VCC
section: 17
title: Members of VCC
content:
17. —(1) The subscribers to the constitution of a VCC are considered to have agreed to become members of the VCC and, on the incorporation of the VCC, must be entered as members in the register of members. (2) Apart from the subscribers, every other person who agrees to become a member of the VCC and whose name is entered in the register of members is a member of the VCC. (3) The liability of a member of a VCC is limited to the amount (if any) unpaid on the shares held by the member. (4) Subsection (3) does not affect any other liability to which a member may be subject under this Act.


document_id: vcca-2018
provision_ref: s18
chapter: PART 3 - CONSTITUTION OF VCC
section: 18
title: Duty to refuse registration
content:
18. —(1) Without affecting the powers of the Registrar under section 9(7), the Registrar must not register a constitution of a proposed VCC under section 16 unless the Registrar is satisfied that all the requirements of this Act in respect of the registration have been complied with. (2) Despite anything in this Act or any rule of law, the Registrar must refuse to register the constitution of a proposed VCC if the Registrar is satisfied that — ( a ) the person named as its manager does not satisfy section 46(2); ( b ) none of its directors is either a director or qualified representative of the manager; ( c ) it is likely to be used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore; or ( d ) it would be contrary to national security or the national interest for it to be registered. (3) Any person aggrieved by the Registrar’s decision under subsection (2) may, within 30 days after the date of the decision, appeal to the Minister whose decision is final.


document_id: vcca-2018
provision_ref: s19
chapter: PART 3 - CONSTITUTION OF VCC
section: 19
title: Constitution of VCC
content:
19. —(1) The following provisions are implied in the constitution of every VCC: ( a ) the liability of a member of the VCC is limited to the amount (if any) unpaid on the shares held by the member; ( b ) the sole object of the VCC is to be one or more collective investment schemes in the form of a body corporate; ( c ) the property of the VCC must be measured on a fair value basis; ( d ) the actual value of the paid-up share capital of the VCC is at all times equal to the net asset value of the VCC; ( e ) shares of the VCC are to be issued, redeemed or repurchased at a price equal to the proportion of the net asset value of the VCC represented by each share, although the price may be adjusted by adding or subtracting (as the case may be) fees and charges in accordance with the constitution; ( f ) shares of the VCC that relate to an arrangement mentioned in paragraph ( aa ) or ( b ) of the definition of “closed‑end fund” in section 2(1) of the Securities and Futures Act 2001 under which units that are issued are exclusively or primarily non‑redeemable at the election of the holders of the units, and listed for quotation on a securities exchange, are to be issued, redeemed or repurchased in accordance with the applicable listing requirements of the securities exchange; ( g ) the provisions in paragraphs ( e ) and ( f ) do not apply in relation to any shares during the initial offer period of the shares. [28/2019] (2) It is also implied in the constitution of every VCC that is an umbrella VCC that the VCC’s assets and liabilities must be allocated to, and used to discharge the liabilities of, each of its sub‑funds in accordance with section 29(1) and (3). (3) Any provision in the constitution is void to the extent that it is inconsistent with any provision implied in it under subsection (1) or (2). (4) The constitution of every VCC must state — ( a ) the name of the VCC and that it is incorporated under this Act; ( b ) the name of the manager of the VCC; ( c ) the full name, address and occupation of the subscriber or each subscriber to the constitution; ( d ) that the subscriber or each subscriber is desirous of being formed into a VCC and agrees to take the number of shares in the capital of the VCC set out opposite the subscriber’s name; ( e ) details of the right of the holder of a share in the VCC to participate in or receive profits, income, or other payments or returns arising from the acquisition, holding, management or disposal of, the exercise of, the redemption of, or the expiry of, any right, interest, title or benefit in the property or any part of the property of the VCC, or to receive sums paid out of such profits, income, or other payments or returns; ( f ) details of the following rights (if any) of the holder of a share in the VCC: (i) the right to vote at any general meeting or at any meeting of shareholders of that class of shares; (ii) the right to redeem or repurchase shares; (iii) the right in respect of a scheme of arrangement, merger, reconstruction or amalgamation involving the VCC; ( g ) if any right in paragraph ( f ) does not apply, that fact; and ( h ) in respect of a VCC that consists of, or is to consist of, 2 or more collective investment schemes — (i) that fact; and (ii) the policy of the VCC for forming a sub‑fund, and allocating in accordance with section 29(3) any assets and liabilities mentioned in that provision between sub‑funds. (5) The constitution of a VCC must contain the regulations for the VCC. (6) The constitution of each VCC must comply with such additional requirements as may be prescribed, and must be dated. (7) A copy of the constitution, duly signed by the subscriber or each subscriber and stating the number of shares that the subscriber has agreed to take, must be kept at the registered office of the VCC. (8) Subject to section 5, sections 23(1B), 39 and 40 of the Companies Act 1967 apply in relation to the constitution of a VCC as they apply in relation to the constitution of a company.


document_id: vcca-2018
provision_ref: s20
chapter: PART 3 - CONSTITUTION OF VCC
section: 20
title: Alteration of constitution
content:
20. —(1) Unless otherwise provided in this Act (including the Companies Act 1967 as applied by this Act), the constitution of a VCC may not be altered unless the alteration has been approved — ( a ) by ordinary resolution, or by a resolution passed by such majority of the members as may be prescribed; or ( b ) if the constitution so requires, by a resolution passed by a majority specified in the constitution of the votes cast by the members of the VCC who are entitled to vote on the resolution and who vote in person or by proxy at a general meeting of the VCC. [28/2019] (2) Subsection (1) does not apply to an alteration of any of the following in the constitution of a VCC, if (and only if) the constitution provides that the directors of the VCC may so alter the constitution without the approval of its members: ( a ) an alteration for the purpose of forming a sub‑fund; ( b ) an alteration to reflect any appointment or change of the manager of the VCC; ( c ) an alteration that does not prejudice the interests of any member, and does not release to any material extent the manager or any director from any responsibility to the members; ( d ) an alteration that is necessary for the purpose of complying with any order of court, law, direction of a public authority, code of conduct or other quasi‑legislation; ( e ) the removal of an obsolete provision or the correction of any manifest error. (3) Subject to this Act, any alteration to the constitution under subsection (1) is treated as part of the original constitution starting on the date of the resolution approving the alteration or such later date as may be specified in the resolution. (4) Subject to section 5, section 26(2), (2A), (3), (5), (6) and (7) of the Companies Act 1967 applies in relation to a resolution, an order of the Court or any other document affecting the constitution of a VCC, as it applies in relation to a resolution, an order of Court or any other document affecting the constitution of a company. (5) The VCC must, within 14 days after the making of any alteration under subsection (2), lodge with the Registrar — ( a ) a copy of the constitution as altered; and ( b ) any documentary evidence of the directors’ decision to make the alteration. [28/2019] (6) If default is made in complying with subsection (5), the VCC and every officer of the VCC who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000 and also to a default penalty. [28/2019]


document_id: vcca-2018
provision_ref: s21
chapter: PART 3 - CONSTITUTION OF VCC
section: 21
title: Name of VCC
content:
21. —(1) Except with the consent of the Minister or as provided in subsection (3), the Registrar must refuse to register a VCC under a name which, in the opinion of the Registrar — ( a ) is undesirable; ( b ) is identical to the name of any other VCC or any company, limited liability partnership, limited partnership or corporation or to any registered business name; ( c ) is identical to a name reserved under any of the following: (i) section 27(12B) or 378(15) of the Companies Act 1967; (ii) section 27(12B) of that Act as applied by section 357(2) of that Act; (iii) section 27(12B) of that Act as applied by subsection (8); (iv) section 27(12B) of that Act as applied by section 133(2); (v) section 16 of the Business Names Registration Act 2014; (vi) section 23(4) of the Limited Liability Partnerships Act 2005; (vii) section 17(4) of the Limited Partnerships Act 2008; or ( d ) is a name of a kind that the Minister has directed the Registrar not to accept for registration. (2) In addition to subsection (1), the Registrar must (except with the consent of the Minister) refuse to register a VCC under a name if — ( a ) it is identical to the name of a VCC or company that was dissolved unless — (i) in a case where the VCC or company was dissolved following its winding up under Part 11, or Part X of the Companies Act (as the case may be) — a period of at least 2 years has passed after the date of dissolution; or (ii) in a case where the VCC or company was dissolved following its name being struck off the register under section 344 or 344A of the Companies Act 1967 as applied by section 130, or section 344 or 344A of the Companies Act 1967 (as the case may be) — a period of at least 6 years has passed after the date of dissolution; ( b ) it is identical to the business name of a person whose registration and registration of that business name has been cancelled under the Business Names Registration Act 2014 or had ceased under section 22 of that Act, unless a period of at least one year has passed after the date of cancellation or cessation; ( c ) it is identical to the name of a foreign company notice of the dissolution of which has been given to the Registrar of Companies under section 377(2) of the Companies Act 1967, unless a period of at least 2 years has passed after the date of dissolution; ( d ) it is identical to the name of a limited liability partnership that was dissolved, unless — (i) in a case where the limited liability partnership was dissolved following its winding up under section 39 of, and the Fifth Schedule to, the Limited Liability Partnerships Act 2005 — a period of at least 2 years has passed after the date of dissolution; or (ii) in a case where the limited liability partnership was dissolved following its name being struck off the register under section 63 of the Limited Liability Partnerships Act 2005 — a period of at least 6 years has passed after the date of dissolution; or ( e ) it is identical to the name of a limited partnership that was cancelled or dissolved, unless — (i) in a case where the registration of the limited partnership was cancelled under section 14(1) or 19(4) of the Limited Partnerships Act 2008 — a period of at least one year has passed after the date of cancellation; or (ii) in a case where notice was lodged with the Registrar of Limited Partnerships that the limited partnership was dissolved under section 19(2) of the Limited Partnerships Act 2008 — a period of at least one year has passed after the date of dissolution. (3) Despite subsection (1), the Registrar may register a VCC — ( a ) under a name that is identical to the name of a foreign company registered under Division 2 of Part 11 of the Companies Act 1967 — (i) in respect of which notice was lodged under section 377(1) of that Act that the foreign company has ceased to have a place of business in Singapore or ceased to carry on business in Singapore, if a period of at least 3 months has passed after the date of cessation; and (ii) the name of which was struck off the register under section 377(8), (9) or (10) of that Act, if a period of at least 6 years has passed after the date the name was so struck off; or ( b ) under a name that is identical to the name of a limited partnership in respect of which notice was lodged under section 19(1) of the Limited Partnerships Act 2008 that the limited partnership ceased to carry on business in Singapore — if a period of at least one year has passed after the date of cessation. (4) Despite this section and section 28 of the Companies Act 1967 as applied by subsection (8), where the Registrar is satisfied that the VCC has been registered (whether through inadvertence or otherwise) by a name — ( a ) which is one that is not permitted to be registered under subsection (1)( a ), ( b ) or ( d ); ( b ) which is one that is not permitted to be registered under subsection (2) until the expiry of the relevant period mentioned in that subsection; ( c ) which is one that is permitted to be registered under subsection (3) only after the expiry of the relevant period mentioned in that subsection; ( d ) which so nearly resembles the name of any other VCC or any company, corporation, limited liability partnership or limited partnership, or any registered business name, as to be likely to be mistaken for it; or ( e ) the use of which has been restrained by an injunction granted under the Trade Marks Act 1998, the Registrar may direct the firstmentioned VCC to change its name, and the VCC must comply with the direction within 6 weeks after the date of the direction or such longer period as the Registrar may allow, unless the direction is annulled on appeal by the Minister. (5) The Minister must cause a direction made under subsection (1)( d ) to be published in the Gazette . (6) Subject to section 5, section 27(2A) to (5A) of the Companies Act 1967 applies for the purposes of subsection (4) as it applies for the purposes of section 27(2) of that Act, and for this purpose — ( a ) a reference to a ground in section 27(2) of the Companies Act 1967 is to a ground in subsection (4); ( b ) the reference in section 27(5) of the Companies Act 1967 to 3 January 2016 is to 14 January 2020; and ( c ) the reference in section 27(5A) of the Companies Act 1967 to an injunction in section 27(2)( c ) of that Act is to an injunction in subsection (4)( e ). (7) A VCC must have “VCC” as part of and at the end of its name. (8) Sections 27(10) to (15) and 28 of the Companies Act 1967 apply in relation to a VCC or an intended VCC as they apply in relation to a company or an intended company, subject to section 5 and the following modifications: ( a ) a reference in section 27(11) of the Companies Act 1967 to section 19(3) of that Act is to section 16(4) of this Act; ( b ) a reference in sections 27(12) and 28 of the Companies Act 1967 to section 27(1), (1A) and (1B) of that Act is to subsections (1), (2) and (3), respectively; ( c ) the reference in section 28(3)( a ) of the Companies Act 1967 to section 27(1)( a ), ( b ) and ( d ) of that Act is to subsection (1)( a ), ( b ) and ( d ), respectively; ( d ) the reference in section 28(3)( d ) of the Companies Act 1967 to the name of another company is to the name of another VCC or a company; ( e ) the reference in section 28(3AA) of the Companies Act 1967 to section 27(1)( c ) of that Act is to subsection (1)( c ); ( f ) the reference in section 28(3D) of the Companies Act 1967 to 3 January 2016 is to 14 January 2020; ( g ) section 28(4) of the Companies Act 1967 is omitted. (9) In this section, “registered business name” has the meaning given by section 2(1) of the Business Names Registration Act 2014.


document_id: vcca-2018
provision_ref: s22
chapter: PART 3 - CONSTITUTION OF VCC
section: 22
title: Membership of holding company
content:
22. —(1) A corporation cannot be a member of a VCC which is its holding company, and any allotment or transfer of shares in a VCC to its subsidiary is void. (2) Subsection (1), insofar as it provides that any transfer of shares in contravention of it is void, does not apply to a disposition of book‑entry securities, but the Court, on being satisfied that a disposition of book‑entry securities would in the absence of this subsection be void may, on the application of the Registrar or any other person, order the transfer of the shares acquired in contravention of subsection (1). (3) Subsection (1) does not apply where the subsidiary is concerned as personal representative, or as trustee, unless the VCC or a subsidiary of the VCC is beneficially interested under the trust and is not so interested only by way of security for the purposes of a transaction entered into by it in the ordinary course of a business (including the lending of money). (4) This section does not prevent a subsidiary from continuing to be a member of a VCC that is its holding company if, at the time when it becomes a subsidiary of the VCC, it already holds shares in that VCC, but — ( a ) subject to subsection (3), the subsidiary has no right to vote at meetings of the VCC or any class of members of the VCC; and ( b ) subject to subsections (5) and (6), the subsidiary must, within the period of 12 months or such longer period as the Court may allow after becoming the subsidiary of the VCC, dispose of all of its shares in the VCC. (5) To avoid doubt, subsection (4)( b ) ceases to apply if, during the period in that provision, the subsidiary ceases to be a subsidiary of the VCC. (6) Any shares in the VCC that are not disposed of in accordance with subsection (4)( b ) may, subject to subsections (12) and (13) and sections 23 and 24, be held or continued to be held by the subsidiary. (7) Subject to subsection (3), subsections (1), (4), (6), (9) and (11) apply in relation to a nominee for a corporation which is a subsidiary, as if references in those subsections to such a corporation included references to a nominee for it. (8) This section does not prevent the allotment of shares in a holding company that is a VCC to a subsidiary which already lawfully holds shares in the VCC, if the allotment is made by way of capitalisation of reserves of the VCC and is made to all members of the VCC on a basis which is in direct proportion to the number of shares held by each member in the VCC. (9) This section does not prevent the transfer of shares in a holding company that is a VCC to a subsidiary by way of a distribution in specie, amalgamation or scheme of arrangement but — ( a ) subject to subsection (3), the subsidiary has no right to vote at meetings of the VCC or any class of members of the VCC; and ( b ) subject to subsections (10) and (11), the subsidiary must, within the period of 12 months or such longer period as the Court may allow after the transfer to the subsidiary of the shares in the VCC, dispose of all of the shares in the VCC. (10) To avoid doubt, subsection (9)( b ) ceases to apply if, during the period mentioned in that subsection, the subsidiary ceases to be a subsidiary of the holding company. (11) Any shares in the VCC that are not disposed of in accordance with subsection (9)( b ) may, subject to subsections (12) and (13) and sections 23 and 24, be held or continued to be held by the subsidiary. (12) The VCC must, within 14 days after any change in the number of shares in the VCC which are held by any of its subsidiaries under subsection (6) or (11), lodge with the Registrar a notice in the prescribed form of this change. (13) With respect to any share mentioned in subsection (6) or (11) — ( a ) where the VCC has shares of only one class — the total number of shares held by all its subsidiaries under subsection (6) or (11), must not at any time exceed 10% of the total number of shares of the VCC at that time; ( b ) where the share capital of the VCC is divided into shares of different classes — the total number of the shares of any class held by all its subsidiaries under subsection (6) or (11), must not at any time exceed 10% of the total number of the shares in that class of the VCC at that time; ( c ) where paragraph ( a ) or ( b ) is contravened — the VCC must procure the disposal of the excess shares by its subsidiary, in accordance with section 24 before the end of the period of 6 months beginning with the day on which that contravention occurs, or such further period as the Registrar may allow; ( d ) where the subsidiary is a wholly‑owned subsidiary of the VCC — no dividend may be paid, and no other distribution (whether in cash or otherwise) of the VCC’s assets (including any distribution of assets to members on a winding up of the VCC or any of its sub‑funds (if applicable)) may be made, to the subsidiary in respect of the shares mentioned in subsection (6) or (11); and ( e ) where the subsidiary is not a wholly-owned subsidiary of the VCC — a dividend may be paid and other distribution (whether in cash or otherwise) of the VCC’s assets (including any distribution of assets to members on a winding up of the VCC or any of its sub‑funds (if applicable)) may be made, to the subsidiary in respect of the shares mentioned in subsection (6) or (11). [28/2019] (14) In subsection (13)( c ), “excess shares” means such number of the shares, held by any subsidiary under subsection (6) or (11) at the time in question, as resulted in the limit mentioned in subsection (13)( a ) or ( b ) being exceeded. (15) Where, but for this section, a subsidiary would have been entitled to subscribe for shares in the VCC, the VCC may, on behalf of the subsidiary, sell the shares for which the subsidiary would otherwise have been entitled to subscribe. (16) For the purposes of this section, a VCC must inform the Registrar of the occurrence of any of the following events by lodging a notice in the prescribed form within 14 days after the date of occurrence: ( a ) where a shareholder of a VCC becomes a subsidiary of the VCC; ( b ) where shares of the VCC are held by a subsidiary of the VCC and there is a change in the number of shares held by the subsidiary.


document_id: vcca-2018
provision_ref: s23
chapter: PART 3 - CONSTITUTION OF VCC
section: 23
title: Rights attached to shares in section 22(6) and (11)
content:
23. —(1) This section applies to the shares mentioned in section 22(6) and (11). (2) The subsidiary mentioned in section 22(6) or (11) must not exercise any right in respect of those shares and any purported exercise of such right is void. (3) The rights mentioned in subsection (2) include any right to attend or vote at meetings and for the purposes of this Act, the subsidiary is treated as having no right to vote and the shares are treated as having no voting rights. (4) Nothing in this section prevents — ( a ) an allotment of shares as fully paid bonus shares in respect of the shares mentioned in section 22(6) or (11); or ( b ) the subdivision or consolidation of any share mentioned in section 22(6) or (11) into shares of a greater or smaller number, if the total value of the shares after the subdivision or consolidation is the same as the total value of the shares before the subdivision or consolidation, as the case may be. (5) Any shares allotted as fully paid bonus shares in respect of the shares in section 22(6) are treated for the purposes of this Act as if they were already held by the subsidiary at the time they were allotted, in circumstances in which section 22(4) applied. (6) Any shares allotted as fully paid bonus shares in respect of the shares in section 22(11) are treated for the purposes of this Act as if they were transferred to the subsidiary at the time they were allotted, in circumstances in which section 22(9) applied.


document_id: vcca-2018
provision_ref: s24
chapter: PART 3 - CONSTITUTION OF VCC
section: 24
title: Disposal of shares in section 22(6) and (11)
content:
24. —(1) This section applies to the shares in a VCC mentioned in section 22(6) and (11). [28/2019] (2) The subsidiary mentioned in section 22(6) or (11) may at any time — ( a ) sell the shares (or any of them) for cash; ( b ) transfer the shares (or any of them) for the purposes of or pursuant to any share scheme, whether for employees, directors or other persons; ( c ) transfer the shares (or any of them) as consideration for the acquisition of shares in or assets of another company or VCC or assets of a person; or ( d ) sell, transfer or otherwise use the shares for such other purposes as the Minister may by order prescribe. [28/2019] (3) In subsection (2), “cash”, in relation to a sale of shares by the subsidiary, means — ( a ) cash (including foreign currency) received by the subsidiary; ( b ) a cheque received by the subsidiary in good faith which the directors have no reason for suspecting will not be paid; ( c ) a release of a liability of the subsidiary for a liquidated sum; or ( d ) an undertaking to pay cash to the subsidiary on or before a date not more than 90 days after the date on which the subsidiary agrees to sell the shares.


document_id: vcca-2018
provision_ref: s25
chapter: PART 3 - CONSTITUTION OF VCC
section: 25
title: Application of other provisions of Part 3 of Companies Act 1967
content:
25. —(1) Sections 24, 25, 25A, 25B, 25C and 25D of the Companies Act 1967 apply in relation to a VCC as they apply in relation to a company, subject to section 5 and the following modifications: ( a ) section 25(2)( c ) of the Companies Act 1967 is omitted; [S 695/2024] ( b ) a reference in section 25 of the Companies Act 1967 to a lack of capacity or power of a company is to a lack of capacity or power of a VCC by reason of section 15(1) or anything in the VCC’s constitution; ( c ) a reference in section 25B of the Companies Act 1967 to a limitation on the powers of the directors of a VCC under the company’s constitution is to a limitation on such powers under — (i) the VCC’s constitution; (ii) section 15(1); (iii) a resolution of the VCC or of any class of shareholders; or (iv) any agreement between the members of the VCC or of any class of shareholders; ( d ) sections 25 and 25B of the Companies Act 1967 do not apply to any limitation or lack of capacity arising from section 19(2). (2) Sections 41 to 41C of the Companies Act 1967 apply in relation to a VCC as they apply in relation to a corporation or a company (as the case may be), subject to section 5 and the following modifications: ( a ) section 41(9) of the Companies Act 1967 is omitted; ( b ) a reference in section 41B(3) of the Companies Act 1967 to more than one company is to 2 or more VCCs, or one or more VCCs and one or more companies.


document_id: vcca-2018
provision_ref: s26
chapter: PART 3 - CONSTITUTION OF VCC
section: 26
title: Holding out as VCC
content:
26. A person other than a VCC, that — ( a ) uses any name or title, or trades or carries on business under any name or title, that includes the words “Variable Capital Company” or any abbreviation, imitation or translation of those words; or ( b ) in any way holds out that the business is incorporated under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: vcca-2018
provision_ref: s27
chapter: PART 4 - SUB-FUNDS
section: 27
title: Registration of sub-fund
content:
27. —(1) Within 7 days after forming a sub-fund, an umbrella VCC must apply to the Registrar for the registration of the sub‑fund. (2) An application for the registration of a sub-fund — ( a ) must be made in the form and manner determined by the Registrar; and ( b ) must be accompanied by such information as the Registrar may require and the prescribed fee. (3) If subsection (2)( a ) and ( b ) is satisfied, the Registrar must — ( a ) register the sub-fund; and ( b ) issue a notice of the registration together with its registration number to the umbrella VCC. (4) If an umbrella VCC contravenes subsection (1), the VCC and every officer of the VCC who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000, and also to a default penalty.


document_id: vcca-2018
provision_ref: s28
chapter: PART 4 - SUB-FUNDS
section: 28
title: Duty to provide certain information to Registrar
content:
28. —(1) An umbrella VCC must, within one business day after — ( a ) the name of any of its sub-funds is changed; or ( b ) any of its sub-funds is dissolved, give a written notice of this to the Registrar. (2) The written notice must be given in the form and manner determined by the Registrar. (3) If an umbrella VCC contravenes subsection (1), the VCC and every officer of the VCC who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000, and also to a default penalty.


document_id: vcca-2018
provision_ref: s29
chapter: PART 4 - SUB-FUNDS
section: 29
title: Segregated assets and liabilities of sub-funds
content:
29. —(1) Despite any written law or rule of law to the contrary — ( a ) the assets of a sub-fund of an umbrella VCC must not be used to discharge any liability of the VCC or any other sub‑fund of the VCC, including in the winding up of the VCC or the other sub‑fund; and ( b ) any liability of a sub-fund of an umbrella VCC must be discharged solely out of the assets of that sub‑fund, including in the winding up of the sub‑fund. (2) Any provision of the constitution of an umbrella VCC, an agreement, a contract or otherwise, is void to the extent that it is inconsistent with subsection (1), and any application of or agreement to apply assets in contravention of subsection (1) is likewise void. (3) An umbrella VCC may allocate any assets or liabilities — ( a ) that it holds or incurs for the purpose of its sub‑funds or in order to enable the operation of the sub‑funds; and ( b ) that are not attributable to any particular sub‑fund, between its sub-funds in a manner that it considers fair to shareholders. [28/2019] (4) Where an umbrella VCC without reasonable excuse contravenes subsection (1), the VCC and every officer of the VCC who is in default shall each be guilty of an offence and shall each be liable on conviction — ( a ) if the offence was committed with intent to defraud any person, to a fine not exceeding $150,000; or ( b ) in any other case, to a fine not exceeding $50,000.


document_id: vcca-2018
provision_ref: s30
chapter: PART 4 - SUB-FUNDS
section: 30
title: Disclosure of sub-fund details
content:
30. —(1) An umbrella VCC must set out in every agreement, business letter, statement of account, invoice, official notice, publication, bill of exchange, promissory note, indorsement, cheque, order, receipt or letter of credit in which any of its sub‑funds is mentioned, all of the following: ( a ) the name of the sub-fund; ( b ) the registration number of the sub-fund; ( c ) the fact that the assets and liabilities of the sub‑fund are segregated in accordance with section 29. (2) Where an umbrella VCC enters into an agreement or issues a business letter, statement of account, invoice, official notice, publication, bill of exchange, promissory note, indorsement, cheque, order, receipt or letter of credit for the purpose of any of its sub‑funds, it must set out in that document the fact that it is acting for the purpose of that sub‑fund as well as the matters specified in subsection (1)( a ), ( b ) and ( c ). [28/2019] (3) Before entering into an oral agreement for the purpose of any of its sub‑funds, an umbrella VCC must disclose to the other party to the agreement all of the following: ( a ) the name of the sub-fund; ( b ) the registration number of the sub-fund; ( c ) the fact that the umbrella VCC is acting for the purpose of the sub‑fund; ( d ) the fact that the assets and liabilities of the sub‑fund are segregated in accordance with section 29. [28/2019] (4) An umbrella VCC that fails to comply with subsection (1), (2) or (3) shall be guilty of an offence. [28/2019] (5) An officer of an umbrella VCC, or a person acting on his or her behalf, who — ( a ) signs or issues, or authorises to be signed or issued, on behalf of the VCC — (i) any document mentioned in subsection (1) in which the information in subsection (1)( a ), ( b ) or ( c ) is not set out; or (ii) any document mentioned in subsection (2) in which the information in that subsection is not set out; or ( b ) authorises or enters into any agreement for the purpose of a sub‑fund of the VCC without ensuring that the information in subsection (3)( a ), ( b ), ( c ) and ( d ) has been disclosed to the other party to the agreement, shall be guilty of an offence and, if the document mentioned in paragraph ( a ) is a bill of exchange, promissory note, indorsement, cheque or order, be liable to the holder of it for the amount due on it, unless that liability has been discharged by the VCC. [28/2019]


document_id: vcca-2018
provision_ref: s31
chapter: PART 4 - SUB-FUNDS
section: 31
title: Cross sub-fund investment
content:
31. Despite any written law or rule of law to the contrary, an umbrella VCC may, for the account of any of its sub‑funds and in accordance with regulations made under section 165, acquire by subscription or transfer for consideration, shares of any class or classes (however described) that are issued in respect of other sub‑funds of the VCC.


document_id: vcca-2018
provision_ref: s32
chapter: PART 4 - SUB-FUNDS
section: 32
title: Further matters about sub-funds
content:
32. —(1) A sub-fund of an umbrella VCC is not a legal person separate from the VCC, but the VCC may sue or be sued in respect of a sub‑fund and may exercise rights of set‑off (if any) as between its sub‑funds as if each sub‑fund were a legal person. (2) The property of a sub-fund is subject to orders of a court as it would have been if the sub‑fund were a separate legal person.


