# legal_provisions

document_id: sfaa-2019
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND
section: 8
title: Agency’s symbol, etc.
content:
8. —(1) The Agency has the exclusive right to the use of one or more symbols or representations as the Agency may select or devise (each called in this section the Agency’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Agency’s activities or affairs. (2) A person who — ( a ) uses, without the prior written permission of the Agency, a symbol or representation identical with the Agency’s symbol or representation; or ( b ) uses a symbol or representation which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: sfaa-2019
provision_ref: s9
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 9
title: Membership of Agency
content:
9. —(1) The Agency consists of at least 7 and not more than 14 members. (2) One of the members (who is not the Chairperson) may be the Chief Executive.


document_id: sfaa-2019
provision_ref: s17
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 17
title: Validity of acts, etc.
content:
17. —(1) Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function of the Agency by the Agency is not affected merely because at the relevant time — ( a ) there was a vacancy in the membership of the Agency, including a vacancy arising from the failure to appoint a member; ( b ) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or ( c ) there was an irregularity in the Agency’s decision‑making procedure that does not affect the merits of the decision made. (2) The acts of an individual as a member of the Agency are not affected merely because — ( a ) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or ( b ) in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended. Division 2 &#x2014; Terms and conditions for members


document_id: sfaa-2019
provision_ref: s18
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 18
title: Term of appointment
content:
18. —(1) Subject to section 20, each member of the Agency holds office for a period of 3 years or any shorter period specified in the instrument of appointment. (2) A member of the Agency may be re‑appointed.


document_id: sfaa-2019
provision_ref: s20
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF AGENCY
section: 20
title: Vacation of office
content:
20. —(1) A member of the Agency ceases to hold office if he or she — ( a ) dies; ( b ) is adjudicated a bankrupt or makes an arrangement with any of his or her creditors; ( c ) becomes otherwise disqualified from being a member under section 11(2); ( d ) is removed from office in accordance with section 15; ( e ) resigns in accordance with section 16; ( f ) without reasonable cause, fails to disclose any interest required under Division 1 of Part 4 of the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default; ( g ) fails to attend 3 consecutive meetings of the Agency without the approval of the Agency; or ( h ) is not re‑appointed when his or her term of office expires. (2) A member of the Agency is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.


document_id: sfaa-2019
provision_ref: s22
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 22
title: Notice of meetings
content:
22. —(1) The Agency must hold such meetings as are necessary for the performance of its functions. (2) The Chairperson must appoint the times and places of the meetings of the Agency, and cause notice of those meetings to be given to each member not present when the appointment is made. (3) The meetings of the Agency must be held in accordance with the provisions of this Act and Part 4 of the Public Sector (Governance) Act 2018.


document_id: sfaa-2019
provision_ref: s24
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 24
title: Presiding at meetings
content:
24. —(1) At a meeting of the Agency, the following person presides: ( a ) if there is a Chairperson and he or she is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Chairperson; ( b ) if there is no Chairperson, or the Chairperson is not present or is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter, and a Deputy Chairperson who is not so interested in the matter is present — a Deputy Chairperson; ( c ) in any other case, the member of the Agency elected from among themselves to preside. (2) The Deputy Chairperson or member mentioned in subsection (1)( b ) or ( c ) may exercise all the powers and functions of the Chairperson for the purposes of the meeting.


document_id: sfaa-2019
provision_ref: s26
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 26
title: Execution of documents
content:
26. —(1) The Agency must have a seal. (2) The seal of the Agency is to be kept and used as authorised by the Agency. (3) A document is duly executed by the Agency if — ( a ) the seal of the Agency is affixed to the document in the presence of one of its members who must sign the document to attest that the seal was so affixed, and the document is signed — (i) by any 2 members generally or specially authorised by the Agency for the purpose; or (ii) by one member and the Chief Executive; or ( b ) the document is signed on behalf of the Agency by a person or persons authorised to do so by the Agency and in accordance with the terms of that authorisation. (4) A document purporting to be executed in accordance with this section is presumed to be duly executed until the contrary is shown. (5) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Agency appearing on a document. (6) When a document is produced bearing a seal purporting to be the seal of the Agency, it must be presumed that the seal is the seal of the Agency until the contrary is shown. Division 2 &#x2014; Committees and delegation


document_id: sfaa-2019
provision_ref: s27
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 27
title: Appointment of committees
content:
27. —(1) The Agency may, by resolution, appoint any number of committees that the Agency thinks fit for purposes which, in the opinion of the Agency, would be better regulated and managed by means of those committees. (2) A committee appointed under this section may consist of any number of individuals that the Agency thinks fit, and may include individuals who are not members of the Agency. (3) Without limiting subsection (1), the Agency may appoint committees — ( a ) to advise the Agency on any matters relating to the Agency’s functions and powers that are referred to the committee by the Agency; or ( b ) to perform or exercise any of the Agency’s functions and powers that are delegated to the committee, if the committee includes at least one member of the Agency. (4) An individual may not be appointed as a member of a committee unless, before appointment, he or she discloses to the Agency the details of any interest (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) the individual may have if he or she were a member of that committee.


document_id: sfaa-2019
provision_ref: s28
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 28
title: Proceedings of committees
content:
28. —(1) Section 17 applies to a committee, and to committee members or individuals purporting to be committee members, with the necessary modifications. (2) Subject to this Act, the Public Sector (Governance) Act 2018 and any restrictions by a resolution under section 29(1), a committee may regulate its own proceedings and business.


document_id: sfaa-2019
provision_ref: s29
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 29
title: Ability to delegate, etc.
content:
29. —(1) The Agency may delegate the performance or exercise of any of its functions or powers, either generally or specially, to any of the following persons by resolution and written notice to the person or persons: ( a ) a member of the Agency; ( b ) the Chief Executive, any employee of the Agency or any other person performing duties in the Agency; ( c ) a committee; ( d ) a wholly‑owned subsidiary company of the Agency; ( e ) a person engaged as a contractor by the Agency. (2) A delegation by the Agency under subsection (1) of the performance or exercise of any of its functions or powers — ( a ) to a person in subsection (1)( a ), ( b ) or ( c ) may authorise the delegate to subdelegate the performance or exercise of the function or power to another member, an appropriately qualified employee of the Agency or person performing duties in the Agency (called in this Act a subdelegate); or ( b ) to a person in subsection (1)( d ) or ( e ) may authorise the delegate to subdelegate the performance or exercise of the function or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate), but subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate. (3) Subsections (1) and (2) do not apply to any power under this Act or any other Act administered by the Agency that is declared by that Act to be non‑delegable. (4) A delegation or subdelegation in accordance with this Act is not affected by any change in the membership of the Agency or of any committee or by any change in the Chief Executive or employee. (5) In this section — ( a ) a reference to a wholly‑owned subsidiary company of the Agency includes a company limited by guarantee the sole member of which is the Agency; and ( b ) a reference to a person performing duties in the Agency includes a person performing duties in the Agency under a contract, or under an arrangement making available temporarily to the Agency the services of public officers (or secondment).


document_id: sfaa-2019
provision_ref: s30
chapter: PART 4 - DECISION-MAKING BY AGENCY
section: 30
title: Power of delegate, etc.
content:
30. —(1) A delegate (or subdelegate) who purports to perform a function or exercise a power under delegation (or subdelegation) — ( a ) is taken to be in accordance with the terms of a delegation (or subdelegation) under section 29, unless the contrary is shown; and ( b ) must produce evidence of his or her authority to do so, if reasonably requested to do so. (2) A subdelegate to whom a function or power of the Agency is subdelegated under section 29(2) is not authorised to further delegate that power or function to anyone else.


document_id: sfaa-2019
provision_ref: s31
chapter: PART 5 - PERSONNEL MATTERS
section: 31
title: Appointment of Chief Executive
content:
31. —(1) There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. (2) The Agency 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.


document_id: sfaa-2019
provision_ref: s32
chapter: PART 5 - PERSONNEL MATTERS
section: 32
title: Officers, etc.
content:
32. The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as the Agency may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.


document_id: sfaa-2019
provision_ref: s33
chapter: PART 5 - PERSONNEL MATTERS
section: 33
title: Public servants
content:
33. Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every delegate and subdelegate of the Agency — ( a ) is taken to be a public servant for the purposes of the Penal Code 1871; and ( b ) is, in relation to his or her administration, assessment, collection and enforcement of payment of — (i) any financial penalty imposed under any written law administered by the Agency; or (ii) any composition sum collected under this Act or any other written law administered by the Agency, taken to be public officers for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to each of these persons even though they are not or were not in the employment of the Government.


document_id: sfaa-2019
provision_ref: s34
chapter: PART 5 - PERSONNEL MATTERS
section: 34
title: Preservation of secrecy
content:
34. —(1) A member of the Agency, an employee, a delegate or subdelegate of the Agency, the Chief Executive or a committee member, who has information in his or her capacity as such that would not otherwise be available to him or her, must not disclose that information to any person except — ( a ) in the performance of the Agency’s functions; ( b ) with the prior authorisation from the Agency to do so; ( c ) for the purposes of any proceedings for an offence under this Act, or any report of those proceedings; ( d ) as required by an order of court; ( e ) in complying with the requirements in this Act for members to disclose interests; or ( f ) as required of or allowed by the Agency, the Chief Executive, the member, employee, delegate or subdelegate of the Agency or the committee member, by or under this Act or any other Act. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: sfaa-2019
provision_ref: s35
chapter: PART 5 - PERSONNEL MATTERS
section: 35
title: Protection from personal liability
content:
35. No liability shall lie against any member, any committee member, the Chief Executive or any employee, delegate or subdelegate of the Agency or any other person acting under the direction of the Agency, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function under this Act.


document_id: sfaa-2019
provision_ref: s36
chapter: PART 6 - FINANCIAL PROVISIONS
section: 36
title: Financial year
content:
36. The financial year of the Agency begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: sfaa-2019
provision_ref: s37
chapter: PART 6 - FINANCIAL PROVISIONS
section: 37
title: Revenue and property of Agency
content:
37. The funds and property of the Agency include — ( a ) all moneys paid to the Agency by way of grants, subsidies, donations, gifts and contributions for the purposes of the Agency; ( b ) all moneys paid to, and all other moneys and property lawfully received by, the Agency for the purposes of the Agency; ( c ) all fees and charges payable to the Agency under this Act or any other Act administered by the Agency; ( d ) all moneys, dividends, royalties, interest or income received from any transaction made pursuant to the powers of the Agency under this Act or any other Act administered by the Agency; ( e ) all moneys borrowed by the Agency under this Act; and ( f ) all accumulations of income derived from any property or money mentioned in paragraphs ( a ) to ( e ).


document_id: sfaa-2019
provision_ref: s38
chapter: PART 6 - FINANCIAL PROVISIONS
section: 38
title: Bank accounts
content:
38. —(1) The Agency must open and maintain one or more accounts with such bank or banks as the Agency thinks fit. (2) Every such account may only be operated by a person who is authorised to do so by the Agency.


document_id: sfaa-2019
provision_ref: s39
chapter: PART 6 - FINANCIAL PROVISIONS
section: 39
title: Financial accounts and records
content:
39. The Agency must — ( a ) keep proper accounts and records of its transactions and affairs; and ( b ) do all things necessary to ensure that — (i) all payments out of its moneys are correctly made and properly authorised; and (ii) adequate control is maintained over the property and assets of, or in the custody of, the Agency and over the expenditure incurred by the Agency.


document_id: sfaa-2019
provision_ref: s40
chapter: PART 6 - FINANCIAL PROVISIONS
section: 40
title: Power of investment
content:
40. The Agency may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: sfaa-2019
provision_ref: s41
chapter: PART 6 - FINANCIAL PROVISIONS
section: 41
title: Issue of shares, etc.
content:
41. As a consequence of — ( a ) the vesting of any property, rights or liabilities in the Agency under this Act; or ( b ) any capital injection or other investment by the Government in the Agency in accordance with any other written law, the Agency must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: sfaa-2019
provision_ref: s42
chapter: PART 6 - FINANCIAL PROVISIONS
section: 42
title: Borrowing power
content:
42. —(1) The Agency cannot raise loans for the performance of its functions under this Act or any other Act administered by the Agency except in accordance with this section. (2) Subject to subsection (3), the Agency may raise loans by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Agency or on any other revenue receivable by the Agency under this Act or any other written law; or ( c ) the creation and issue of debentures, bonds or any other instrument as the Minister may approve. (3) The Agency may raise loans — ( a ) from the Government; or ( b ) with the approval of the Minister, from another source, whether within or outside Singapore. (4) For the purposes of this section, the power to raise loans includes the power to make any financial agreement under which credit facilities are granted to the Agency for the purchase of goods, materials or things.


document_id: sfaa-2019
provision_ref: s43
chapter: PART 7 - GENERAL
section: 43
title: Improper use of accreditation, certification or inspection mark
content:
43. —(1) A person must not use any accreditation, certification or inspection mark, or a colourable imitation of any accreditation, certification or inspection mark, in respect of any product or process or in any trade mark or design, unless the person — ( a ) holds a valid accreditation or certification authorising the person to use that accreditation, certification or inspection mark in respect of that product or process or in that trade mark or design; or ( b ) is authorised by the Agency to use that accreditation, certification or inspection mark. (2) A person must not use any report or certificate issued or purportedly issued by or on behalf of the Agency to convey the impression that the person holds a valid accreditation, certification or inspection mark, when in fact the person does not. (3) A person must not forge or without lawful authority alter an accreditation, certification or inspection mark, or a report or certificate issued by the Agency. (4) A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) 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 3 years or to both. (5) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has power to impose the full penalty or punishment prescribed under subsection (4). (6) A court trying an offence under subsection (1), (2) or (3) may direct that any property in respect of which the offence has been committed be forfeited to the Government.


document_id: sfaa-2019
provision_ref: s45
chapter: PART 7 - GENERAL
section: 45
title: Offences by corporations
content:
45. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual who is involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 4(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: sfaa-2019
provision_ref: s46
chapter: PART 7 - GENERAL
section: 46
title: Offences by unincorporated associations or partnerships
content:
46. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual who is involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: sfaa-2019
provision_ref: s47
chapter: PART 7 - GENERAL
section: 47
title: Service of documents
content:
47. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) may be served — ( a ) by giving it to the body corporate’s secretary or other similar officer, 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 registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s last email address. (5) Service of a document under subsection (1) takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior consent to service in that way. (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; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice or an order permitted or required by this Act to be served; “last email address” means — ( a ) the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: sfaa-2019
provision_ref: s49
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 49
title: Interpretation of this Part
content:
49. In this Part, unless the context otherwise requires — “Agri‑Food and Veterinary Authority” or “AVA” means the Agri‑Food and Veterinary Authority established by section 3 of the repealed Agri‑Food and Veterinary Authority Act (Cap. 5, 2012 Revised Edition); “asset”, in relation to a transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any — ( a ) legal or equitable interest in real or personal property, whether situated in Singapore or elsewhere; ( b ) chose in action; ( c ) money or securities; ( d ) plant and equipment, whether situated in Singapore or elsewhere; ( e ) intellectual property; ( f ) infrastructure, whether situated in Singapore or elsewhere; ( g ) records; and ( h ) right; “Health Sciences Authority” or “HSA” means the Health Sciences Authority established by section 3 of the Health Sciences Authority Act 2001; “liability”, in relation to a transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly or jointly and severally with any other person) of the transferor on the eve of the transfer date; “National Environment Agency” or “NEA” means the National Environment Agency established by section 3 of the National Environment Agency Act 2002; “records”, in relation to a transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of that transferor existing on the eve of the transfer date; “right”, in relation to a transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; “transferable AVA undertaking” means the following departments of the AVA: ( a ) the Communications and Service Quality Group; ( b ) the Compliance Management Group; ( c ) the Corporate Development Group; ( d ) the Food Infrastructure Development and Management Group; ( e ) the Food Regulatory Management Group; ( f ) the Food Supply Resilience Group; ( g ) the Industry Development and Partnership Group; ( h ) the International Relations Group; ( i ) the Licensing and Permits Group; ( j ) the National Centre for Food Science; ( k ) the office of the Chief Executive of the AVA and the internal audit unit; ( l ) the Planning and Organisation Group; ( m ) the Research Planning and Systems Integration Group; ( n ) the Urban Food Solutions Group; “transferor” means one of the following, as the case may be: ( a ) the Agri‑Food and Veterinary Authority; ( b ) the Health Sciences Authority; ( c ) the National Environment Agency; “transferring AVA employee” means an employee of the Agri‑Food and Veterinary Authority who, on the eve of the transfer date, is in any department of the Agri‑Food and Veterinary Authority comprised in the transferable AVA undertaking; “transferring HSA employee” means an employee of the Health Sciences Authority who, on the eve of the transfer date, is in the Food Safety Division of the Health Sciences Authority; “transferring NEA employee” means an employee of the National Environment Agency who, on the eve of the transfer date, is in the Food and Environmental Hygiene Department of the National Environment Agency.


document_id: sfaa-2019
provision_ref: s50
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 50
title: Transfer of undertakings to Agency
content:
50. —(1) On the transfer date, the following assets and liabilities are transferred to the Agency: ( a ) all assets and liabilities of the Agri‑Food and Veterinary Authority that relate solely to the functions of any department comprised in the transferable AVA undertaking; ( b ) all assets and liabilities of the National Environment Agency that relate solely to the functions of the Food and Environmental Hygiene Department of the National Environment Agency; ( c ) all assets and liabilities of the Health Sciences Authority that relate solely to the functions of the Food Safety Division of the Health Sciences Authority. (2) When any assets or liabilities are transferred under subsection (1), the following provisions have effect: ( a ) the assets of the transferor that are the subject of the transfer vest in the Agency by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liabilities of the transferor that are the subject of the transfer become by virtue of this section the liabilities of the Agency; ( c ) all legal or other proceedings relating to those assets or liabilities that are started before the transfer date by or against the transferor or a predecessor of the transferor and pending immediately before that date are taken to be proceedings pending by or against the Agency; ( d ) any legal or other proceedings relating to those assets or liabilities which could have been started immediately before the transfer date by or against the transferor or a predecessor of the transferor may be started by or against the Agency; ( e ) a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor or a predecessor of the transferor relating to those assets or liabilities may be enforced by or against the Agency; ( f ) any document relating to legal or other proceedings relating to those assets or liabilities that has been served on or by a transferor or a predecessor of the transferor before the transfer date is taken, where appropriate, to have been served on or by the Agency; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to those assets or liabilities by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Agency; ( h ) a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to the transferor or a predecessor of the transferor, to the extent to which the reference relates to those assets or liabilities, is taken to be, or includes, a reference to the Agency. (3) In particular — ( a ) all security deposits deposited with the transferor in relation to any asset or liability transferred under subsection (1) and not forfeited before the transfer date; and ( b ) the benefits of all indemnities, guarantees or warranties given to the transferor in relation to any asset or liability transferred under subsection (1) and not discharged before that date, are, without further assurance, transferred and deemed deposited with or given to the Agency. (4) The operation of this section does not — ( a ) constitute a breach of, or default under, an Act or other law, or otherwise a civil wrong or criminal wrong; ( b ) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); ( c ) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; ( d ) terminate an agreement or obligation or fulfil any condition that allows a person to terminate any agreement or obligation, or gives rise to any right or remedy in respect of any agreement or obligation; ( e ) cause any contract or other instrument to be void or otherwise unenforceable; ( f ) frustrate any contract; ( g ) release a surety or other obligor or obligee wholly or in part from an obligation; or ( h ) constitute an event of breach of, or default under, any contract or other instrument. (5) No attornment to the Agency by a lessee from a transferor is required for the purpose of this section.


document_id: sfaa-2019
provision_ref: s51
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 51
title: Transferring secondments and employees to Agency
content:
51. —(1) On the transfer date, every transferring AVA employee — ( a ) stops being an employee of the Agri‑Food and Veterinary Authority; and ( b ) is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. (2) On the transfer date, every transferring NEA employee — ( a ) stops being an employee of the National Environment Agency; and ( b ) is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. (3) On the transfer date, every transferring HSA employee — ( a ) stops being an employee of the Health Sciences Authority; and ( b ) is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. (4) The transfer under subsection (1), (2) or (3) of a transferring AVA employee, a transferring NEA employee or a transferring HSA employee (as the case may be) to the Agency — ( a ) does not interrupt continuity of service; ( b ) does not constitute a retrenchment or redundancy; and ( c ) does not entitle any employee so transferred to any payment or other benefit merely because he or she stops being employed by the Agri‑Food and Veterinary Authority, the National Environment Agency or the Health Sciences Authority, as the case may be. (5) A certificate purporting to be signed by the Minister certifying that an individual named in the certificate was, with effect from the transfer date, employed by virtue of this section by the Agency, is admissible in evidence in any proceedings as evidence of the matters stated in it. (6) Nothing in this section prevents — ( a ) any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; or ( b ) an individual transferred under this section from resigning from the Agency at any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. (7) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any transferring AVA employee, transferring NEA employee or transferring HSA employee to the Agency. (8) On the transfer date, every public officer or employee of any other public authority whose services are made available (or is seconded) to the departments of the Agri‑Food and Veterinary Authority or the National Environment Agency mentioned in section 50(1) (as the case may be) under an agreement or arrangement that — ( a ) is between the Government or that other public authority and the Agri‑Food and Veterinary Authority or the National Environment Agency, as the case may be; and ( b ) is in force on the eve of the transfer date, continues on secondment to the Agency.


document_id: sfaa-2019
provision_ref: s52
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 52
title: General preservation of employment terms
content:
52. —(1) The service with the Agency of an employee transferred under section 51 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the transferor concerned immediately before the transfer date. (2) On the transfer date — ( a ) a transferred employee retains all accrued rights as if employment with the Agency were a continuation of employment with the transferor; ( b ) the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Agency; and ( c ) a reference to a transferor in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Agency. (3) For any conduct of the transferred employee when he or she was employed by the relevant transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Agency may — ( a ) start any disciplinary proceedings against the employee; ( b ) carry on and complete any disciplinary proceedings started by the transferor against the transferred employee if those proceedings are pending on the eve of the transfer date; and ( c ) reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred. (4) Where, on the eve of the transfer date, any matter about the conduct of a transferred employee during his or her employment with the Agri‑Food and Veterinary Authority, the National Environment Agency or the Health Sciences Authority, as the case may be — ( a ) was in the course of being heard or investigated by a committee of the relevant transferor acting under due authority; or ( b ) had been heard or investigated by a committee of the relevant transferor acting under due authority but no order, ruling or direction had been made, that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before the transfer date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Agency. (5) Until such time as conditions of employment are drawn up by the Agency for a transferred employee, every transferred employee is to be regarded as being employed by the Agency on the same conditions of his or her employment with the relevant transferor on the eve of the transfer date. (6) Any term or condition of employment drawn up by the Agency for a transferred employee must recognise the length of service of the transferred employee while in the employment of a transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Agency. (7) However, the Agency must not draw up any term or condition of employment that adversely affects the conditions that would have been applicable to any transferred employee as regards any pension or gratuity payable under the Pensions Act 1956. (8) Despite the provisions of the Pensions Act 1956, a transferred employee who is transferred to the service of the Agency is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the public service on account of abolition or reorganisation of office in consequence of the establishment of the Agency. (9) Nothing in section 51(8) — ( a ) breaks the continuity of service of the public officer or employee of another public authority whose secondment continues with the Agency because of that provision; or ( b ) affects any rights, powers or immunities that such a public officer or employee of a public authority has, or the extent to which such a public officer or employee (as the case may be) is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the officer or employee is seconded.


document_id: sfaa-2019
provision_ref: s53
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 53
title: Transfer of records
content:
53. On the transfer date, the following records become the record of the Agency: ( a ) every record, or part of any record, of the Agri‑Food and Veterinary Authority that relates to — (i) any asset or liability transferred to the Agency under section 50; or (ii) any transferring AVA employee; ( b ) every record, or part of any record, of the National Environment Agency that relates to — (i) any asset or liability transferred to the Agency under section 50; or (ii) any transferring NEA employee; ( c ) every record, or part of any record, of the Health Sciences Authority that relates to — (i) any asset or liability transferred to the Agency under section 50; or (ii) any transferring HSA employee.


document_id: sfaa-2019
provision_ref: s54
chapter: PART 8 - TRANSFER OF UNDERTAKINGS TO AGENCY
section: 54
title: Confirmation of transfers
content:
54. —(1) If any dispute arises — ( a ) as to whether an asset or a liability or a record is transferred under section 50 or 53; or ( b ) as to whether any, or any part of any, contract or document relates to an asset or a liability or a record transferred under section 50 or 53, the Minister for Finance may determine the matter and is to provide the concerned parties with written notice of that determination. (2) The determination of the Minister for Finance under subsection (1) is final and binding on the transferor concerned and the Agency. 55. [ Omitted as having had effect ] 56. [ Omitted as having had effect ] 57. [ Omitted as having had effect ] 58. [ Omitted as having had effect ] 59. [ Omitted as having had effect ] 60. [ Omitted as having had effect ] 61. [ Omitted as having had effect ] 62. [ Omitted as having had effect ] 63. [ Omitted as having had effect ] 64. [ Omitted as having had effect ] 65. [ Omitted as having had effect ] 66. [ Omitted as having had effect ]


document_id: sfaa-2019
provision_ref: s67
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 67
title: Transitional arrangements for AVA financial statements, etc.
content:
67. The last members and the last Chief Executive of the Agri‑Food and Veterinary Authority remain responsible — ( a ) for the preparation and submission of the financial statements in respect of the financial year (or part thereof) before the dissolution of the Agri‑Food and Veterinary Authority, to the last appointed auditor of that Authority; ( b ) to send, as soon as those accounts and financial statements have been audited in accordance with the provisions of the Public Sector (Governance) Act 2018, to the Minister last charged with the responsibility for the Agri‑Food and Veterinary Authority a copy of the audited financial statements, signed by the last Chairman and last Chief Executive of the Agri‑Food and Veterinary Authority; and ( c ) to cause to be prepared and transmitted to the Minister last charged with the responsibility for the Agri‑Food and Veterinary Authority, a report dealing generally with the activities of the Agri‑Food and Veterinary Authority during that financial year (or part thereof) containing such information relating to the proceedings and policy of the Authority as that Minister may direct.


document_id: sfaa-2019
provision_ref: s68
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 68
title: Saving and transitional provisions for amendments to Environmental Public Health Act 1987
content:
68. —(1) Every licence, permit, approval or authorisation that — ( a ) is granted, before 1 April 2019, under Part 4 or 9 of the Environmental Public Health Act 1987, by the Director‑General of Public Health; and ( b ) is in force on that date, is, so far as it is not inconsistent with the provisions of the Environmental Public Health Act 1987 as amended by this Act, to continue as if, and is deemed to be, a licence, permit, approval or authorisation granted by the Director‑General, Food Administration under Part 4 or 9 (as the case may be) of the Environmental Public Health Act 1987 as amended by this Act. (2) However, every licence, permit, approval or authorisation mentioned in subsection (1) lapses on the date it would have if the Environmental Public Health Act 1987 had not been amended by this Act, unless the licence, permit, approval or authorisation is earlier revoked or cancelled. (3) Where — ( a ) an application or other document is lodged for approval under Part 4 or 9 of the Environmental Public Health Act 1987 before 1 April 2019; and ( b ) the application or other document was not approved by the Director‑General of Public Health before that date, the application or other document is, where applicable, deemed to be an application or a document lodged for approval with the Director‑General, Food Administration under the corresponding provisions in Part 4 or 9 of the Environmental Public Health Act 1987 as amended by this Act. (4) Anything that has been started by the Director‑General of Public Health in connection with an application or a document under subsection (3) may be carried on and completed by the Director‑General, Food Administration under the corresponding provisions in Part 4 or 9 of the Environmental Public Health Act 1987 as amended by this Act. (5) Every direction, notice, order or requirement affecting matters regulated under Part 4 or 9 of the Environmental Public Health Act 1987 that — ( a ) is issued or given, before 1 April 2019, by the Director‑General of Public Health under the Environmental Public Health Act 1987; and ( b ) is in force immediately before that date, is, so far as it is not inconsistent with the provisions of the Environmental Public Health Act 1987 as amended by this Act, to continue as if the Director‑General, Food Administration issued or gave the direction, notice, order or requirement under the Environmental Public Health Act 1987 as amended by this Act. (6) Where an appeal has been made to the Minister responsible for environmental public health — ( a ) under section 84 of the Environmental Public Health Act 1987 before 1 April 2019 against any notice, order or decision of the Director‑General of Public Health made under Part 4 or 9 of that Act; and ( b ) the appeal has not been dealt with or disposed of immediately before that date, the appeal may continue to be dealt with in accordance with section 84 of the Environmental Public Health Act 1987 as if this Act had not been enacted. (7) All subsidiary legislation made under Part 4 or 9 of the Environmental Public Health Act 1987 and in force immediately before 1 April 2019 continues in force as if made under the Environmental Public Health Act 1987 as amended by this Act until the subsidiary legislation is revoked under that Act as amended by this Act.


document_id: sfaa-2019
provision_ref: s69
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 69
title: Saving and transitional provisions for amendments to various Acts
content:
69. —(1) Every licence, permit, approval or authorisation that — ( a ) is granted, before 1 April 2019 under the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) by the Director‑General, Agri‑Food and Veterinary Services appointed under section 3(1) of the Animals and Birds Act 1965; and ( b ) is in force on that date, is, so far as it is not inconsistent with the provisions of the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) as amended by this Act, to continue as if, and is deemed to be, a licence, permit, approval or authorisation granted by the Director‑General, Food Administration under that Act as amended by this Act. (2) However, every licence, permit, approval or authorisation mentioned in subsection (1) lapses on the date it would have if the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) had not been amended by this Act, unless the licence, permit, approval or authorisation is earlier revoked or cancelled. (3) Where — ( a ) an application or other document is lodged for approval under the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999, before 1 April 2019, as the case may be; and ( b ) the application or other document was not approved by the Director‑General, Agri‑Food and Veterinary Services before that date, the application or other document is, where applicable, deemed to be an application or a document lodged for approval with the Director‑General, Food Administration under the corresponding provisions in the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) as amended by this Act. (4) Anything that has been started by the Director‑General, Agri‑Food and Veterinary Services in connection with an application or a document under subsection (3) may be carried on and completed by the Director‑General, Food Administration under the corresponding provisions in the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 as amended by this Act, whichever being applicable. (5) Every direction, notice, order or requirement that — ( a ) is issued or given, before 1 April 2019 by the Director‑General, Agri‑Food and Veterinary Services under the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 and the Wholesome Meat and Fish Act 1999, respectively; and ( b ) is in force immediately before that date, is, so far as it is not inconsistent with the provisions of those Acts as amended by this Act, to continue as if the Director‑General, Food Administration issued or gave the direction, notice, order or requirement under the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) as amended by this Act. (6) Where an appeal has been made to the Minister responsible for animal health and welfare — ( a ) under the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) before 1 April 2019 against any notice, order or decision of the Director‑General, Agri‑Food and Veterinary Services made under any of those Acts; and ( b ) the appeal has not been dealt with or disposed of immediately before that date, the appeal may continue to be dealt with by that Minister in accordance with those Acts as if this Act had not been enacted. (7) Every direction, notice, order or requirement that — ( a ) is issued or given, before 1 April 2019 by the Agri‑Food and Veterinary Authority under Part 2A of the Sale of Food Act 1973; and ( b ) is in force immediately before that date, is, so far as it is not inconsistent with the provisions of the Sale of Food Act 1973 as amended by this Act, to continue as if the Director‑General, Food Administration issued or gave the direction, notice, order or requirement under the Sale of Food Act 1973 as amended by this Act.


document_id: sfaa-2019
provision_ref: s70
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 70
title: Saving for amendments to Sale of Food Act 1973
content:
70. Section 30(3) and (4) of the Sale of Food Act 1973 continues to apply to and in relation to the following as if section 64(1)( n ) had not been enacted: ( a ) any food or any food contact article which was purchased or procured from any person (for test purposes) before 1 April 2019; ( b ) any offence under the Sale of Food Act 1973 committed before 1 April 2019.


document_id: sfaa-2019
provision_ref: s71
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 71
title: Saving and transitional regulations
content:
71. —(1) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. (2) Nothing in this Part affects section 16 of the Interpretation Act 1965.


document_id: sga-1979
provision_ref: s1
chapter: PART 1 - CONTRACTS TO WHICH ACT APPLIES
section: 1
title: Contracts to which Act applies
content:
1. —(1) This Act applies to contracts of sale of goods made on or after (but not to those made before) 1 January 1894. (2) In relation to contracts made on certain dates, this Act applies subject to the modification of certain of its sections as mentioned in the Schedule. (3) Any such modification is indicated in the section concerned by a reference to the Schedule. (4) Accordingly, where a section does not contain such a reference, this Act applies in relation to the contract concerned without such modification of the section.


document_id: sga-1979
provision_ref: s2
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 2
title: Contract of sale
content:
2. —(1) A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price. (2) There may be a contract of sale between one part owner and another. (3) A contract of sale may be absolute or conditional. (4) Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale. (5) Where under a contract of sale the transfer of the property in the goods is to take place at a future time or subject to some condition later to be fulfilled, the contract is called an agreement to sell. (6) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred.


document_id: sga-1979
provision_ref: s3
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 3
title: Capacity to buy and sell
content:
3. —(1) Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property. (2) Where necessaries are sold and delivered to a minor or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price for them. (3) In subsection (2), “necessaries” means goods suitable to the condition in life of the minor or other person concerned and to his actual requirements at the time of the sale and delivery. Formalities of contract


document_id: sga-1979
provision_ref: s4
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 4
title: How contract of sale is made
content:
4. —(1) Subject to this and any other Act, a contract of sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties. (2) Nothing in this section affects the law relating to corporations. Subject matter of contract


document_id: sga-1979
provision_ref: s5
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 5
title: Existing or future goods
content:
5. —(1) The goods which form the subject of a contract of sale may be existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by him after the making of the contract of sale, in this Act called future goods. (2) There may be a contract for the sale of goods the acquisition of which by the seller depends on a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods.


document_id: sga-1979
provision_ref: s6
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 6
title: Goods which have perished
content:
6. Where there is a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void.


document_id: sga-1979
provision_ref: s7
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 7
title: Goods perishing before sale but after agreement to sell
content:
7. Where there is an agreement to sell specific goods and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is avoided. Price


document_id: sga-1979
provision_ref: s8
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 8
title: Ascertainment of price
content:
8. —(1) The price in a contract of sale may be fixed by the contract, or may be left to be fixed in a manner agreed by the contract, or may be determined by the course of dealing between the parties. (2) Where the price is not determined as mentioned in subsection (1), the buyer must pay a reasonable price. (3) What is a reasonable price is a question of fact dependent on the circumstances of each particular case.


document_id: sga-1979
provision_ref: s9
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 9
title: Agreement to sell at valuation
content:
9. —(1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and he cannot or does not make the valuation, the agreement is avoided; but if the goods or any part of them have been delivered to and appropriated by the buyer, he must pay a reasonable price for them. (2) Where the third party is prevented from making the valuation by the fault of the seller or buyer, the party not at fault may maintain an action for damages against the party at fault. Conditions and warranties


document_id: sga-1979
provision_ref: s10
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 10
title: Stipulations about time
content:
10. —(1) Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not of the essence of a contract of sale. (2) Whether any other stipulation as to time is or is not of the essence of the contract depends on the terms of the contract. (3) In a contract of sale, “month” prima facie means calendar month.


document_id: sga-1979
provision_ref: s11
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 11
title: When condition to be treated as warranty
content:
11. —(1) Where a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. (2) Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract; and a stipulation may be a condition, though called a warranty in the contract. (3) Subject to section 35A, where a contract of sale is not severable and the buyer has accepted the goods or part of them, the breach of a condition to be fulfilled by the seller can only be treated as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is an express or implied term of the contract to that effect. (4) Nothing in this section affects a condition or warranty whose fulfilment is excused by law by reason of impossibility or otherwise. (5) Paragraph 2 of the Schedule applies in relation to a contract made before 22 April 1967.


document_id: sga-1979
provision_ref: s12
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 12
title: Implied terms about title, etc.
content:
12. —(1) In a contract of sale, other than one to which subsection (3) applies, there is an implied condition on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass. (2) In a contract of sale, other than one to which subsection (3) applies, there is also an implied warranty that — ( a ) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made; and ( b ) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known. (3) This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have. (4) In a contract to which subsection (3) applies, there is an implied warranty that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made. (5) In a contract to which subsection (3) applies, there is also an implied warranty that none of the following will disturb the buyer’s quiet possession of the goods, namely: ( a ) the seller; ( b ) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person; ( c ) anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made. (6) Paragraph 3 of the Schedule applies in relation to a contract made before 18 May 1973.


document_id: sga-1979
provision_ref: s13
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 13
title: Sale by description
content:
13. —(1) Where there is a contract for the sale of goods by description, there is an implied condition that the goods will correspond with the description. (2) If the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. (3) A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer. (4) Paragraph 4 of the Schedule applies in relation to a contract made before 18 May 1973.


document_id: sga-1979
provision_ref: s14
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 14
title: Implied terms about quality or fitness
content:
14. —(1) Except as provided by this section and section 15 and subject to any other enactment, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract of sale. (2) Where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of satisfactory quality. (2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. (2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods: ( a ) fitness for all the purposes for which goods of the kind in question are commonly supplied; ( b ) appearance and finish; ( c ) freedom from minor defects; ( d ) safety; ( e ) durability. (2C) The condition implied by subsection (2) does not extend to any matter making the quality of goods unsatisfactory — ( a ) which is specifically drawn to the buyer’s attention before the contract is made; ( b ) where the buyer examines the goods before the contract is made, which that examination ought to reveal; or ( c ) in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample. (3) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known — ( a ) to the seller; or ( b ) where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit‑broker to the seller, to that credit-broker, any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker. (4) An implied condition or warranty about quality or fitness for a particular purpose may be annexed to a contract of sale by usage. (5) The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made. (6) Paragraph 5 of the Schedule applies in relation to a contract made on or after 18 May 1973 and before 19 May 1985, and paragraph 6 in relation to one made before 18 May 1973. Sale by sample


document_id: sga-1979
provision_ref: s15
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 15
title: Sale by sample
content:
15. —(1) A contract of sale is a contract for sale by sample where there is an express or implied term to that effect in the contract. (2) In the case of a contract for sale by sample, there is an implied condition — ( a ) that the bulk will correspond with the sample in quality; ( b ) that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample. (3) Paragraph 7 of the Schedule applies in relation to a contract made before 18 May 1973. Miscellaneous


document_id: sga-1979
provision_ref: s15A
chapter: PART 2 - FORMATION OF THE CONTRACT
section: 15A
title: Modification of remedies for breach of condition in non‑consumer cases
content:
15A. —(1) Where in the case of a contract of sale — ( a ) the buyer would, apart from this subsection, have the right to reject goods by reason of a breach on the part of the seller of a condition implied by section 13, 14 or 15; but ( b ) the breach is so slight that it would be unreasonable for the buyer to reject them, then, if the buyer does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty. (2) This section applies unless a contrary intention appears in, or is to be implied from, the contract. (3) It is for the seller to show that a breach fell within subsection (1)( b ).


document_id: sga-1979
provision_ref: s16
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 16
title: Goods must be ascertained
content:
16. Subject to section 20A, where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.


document_id: sga-1979
provision_ref: s17
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 17
title: Property passes when intended to pass
content:
17. —(1) Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.


document_id: sga-1979
provision_ref: s18
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 18
title: Rules for ascertaining intention
content:
18. Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer: ( a ) Rule 1. —Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed. ( b ) Rule 2. —Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done. ( c ) Rule 3. —Where there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until the act or thing is done and the buyer has notice that it has been done. ( d ) Rule 4. —When goods are delivered to the buyer on approval or on sale or return or other similar terms, the property in the goods passes to the buyer — (i) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction; (ii) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of that time, and, if no time has been fixed, on the expiration of a reasonable time. ( e ) Rule 5. —(i) Where there is a contract for the sale of unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods then passes to the buyer; and the assent may be express or implied, and may be given either before or after the appropriation is made. (ii) Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is to be taken to have unconditionally appropriated the goods to the contract. (iii) Where there is a contract for the sale of a specified quantity of unascertained goods in a deliverable state forming part of a bulk which is identified either in the contract or by subsequent agreement between the parties and the bulk is reduced to (or to less than) that quantity, then, if the buyer under that contract is the only buyer to whom goods are then due out of the bulk — (A) the remaining goods are to be taken as appropriated to that contract at the time when the bulk is so reduced; and (B) the property in those goods then passes to that buyer. (iv) Sub-paragraph (iii) applies also, with the necessary modifications, where a bulk is reduced to (or to less than) the aggregate of the quantities due to a single buyer under separate contracts relating to that bulk and he is the only buyer to whom goods are then due out of that bulk.


document_id: sga-1979
provision_ref: s19
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 19
title: Reservation of right of disposal
content:
19. —(1) Where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled; and in such a case, notwithstanding the delivery of the goods to the buyer, or to a carrier or other bailee or custodier for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. (2) Where goods are shipped, and by the bill of lading the goods are deliverable to the order of the seller or his agent, the seller is prima facie to be taken to reserve the right of disposal. (3) Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading, the property in the goods does not pass to him.


document_id: sga-1979
provision_ref: s20
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 20
title: Risk prima facie passes with property
content:
20. —(1) Unless otherwise agreed, the goods remain at the seller’s risk until the property in them is transferred to the buyer, but when the property in them is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not. (2) But where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party at fault as regards any loss which might not have occurred but for such fault. (3) Nothing in this section affects the duties or liabilities of either seller or buyer as a bailee or custodier of the goods of the other party.


document_id: sga-1979
provision_ref: s20A
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 20A
title: Undivided shares in goods forming part of bulk
content:
20A. —(1) This section applies to a contract for the sale of a specified quantity of unascertained goods if the following conditions are met: ( a ) the goods or some of them form part of a bulk which is identified either in the contract or by subsequent agreement between the parties; and ( b ) the buyer has paid the price for some or all of the goods which are the subject of the contract and which form part of the bulk. (2) Where this section applies, then (unless the parties agree otherwise), as soon as the conditions specified in paragraphs ( a ) and ( b ) of subsection (1) are met or at such later time as the parties may agree — ( a ) property in an undivided share in the bulk is transferred to the buyer; and ( b ) the buyer becomes an owner in common of the bulk. (3) Subject to subsection (4), for the purposes of this section, the undivided share of a buyer in a bulk at any time shall be such share as the quantity of goods paid for and due to the buyer out of the bulk bears to the quantity of goods in the bulk at that time. (4) Where the aggregate of the undivided shares of buyers in a bulk determined under subsection (3) would at any time exceed the whole of the bulk at that time, the undivided share in the bulk of each buyer shall be reduced proportionately so that the aggregate of the undivided shares is equal to the whole bulk. (5) Where a buyer has paid the price for only some of the goods due to him out of a bulk, any delivery to the buyer out of the bulk shall, for the purposes of this section, be ascribed in the first place to the goods in respect of which payment has been made. (6) For the purposes of this section, payment of part of the price for any goods shall be treated as payment for a corresponding part of the goods.


document_id: sga-1979
provision_ref: s20B
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 20B
title: Deemed consent by co-owner to dealings in bulk goods
content:
20B. —(1) A person who has become an owner in common of a bulk by virtue of section 20A shall be deemed to have consented to — ( a ) any delivery of goods out of the bulk to any other owner in common of the bulk, being goods which are due to him under his contract; or ( b ) any dealing with or removal, delivery or disposal of goods in the bulk by any other person who is an owner in common of the bulk in so far as the goods fall within that co-owner’s undivided share in the bulk at the time of the dealing, removal, delivery or disposal. (2) No cause of action shall accrue to anyone against a person by reason of that person having acted in accordance with paragraph ( a ) or ( b ) of subsection (1) in reliance on any consent deemed to have been given under that subsection. (3) Nothing in this section or section 20A shall — ( a ) impose an obligation on a buyer of goods out of a bulk to compensate any other buyer of goods out of that bulk for any shortfall in the goods received by that other buyer; ( b ) affect any contractual arrangement between buyers of goods out of a bulk for adjustments between themselves; or ( c ) affect the rights of any buyer under his contract. Transfer of title


document_id: sga-1979
provision_ref: s21
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 21
title: Sale by person not the owner
content:
21. —(1) Subject to this Act, where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell. (2) Nothing in this Act affects — ( a ) the provisions of the Factors Act 1889 or any enactment enabling the apparent owner of goods to dispose of them as if he were their true owner; ( b ) the validity of any contract of sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. 22. [ Not applicable ]


document_id: sga-1979
provision_ref: s23
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 23
title: Sale under voidable title
content:
23. When the seller of goods has a voidable title to them, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller’s defect of title.


document_id: sga-1979
provision_ref: s24
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 24
title: Seller in possession after sale
content:
24. Where a person having sold goods continues or is in possession of the goods, or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, has the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same.


document_id: sga-1979
provision_ref: s25
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 25
title: Buyer in possession after sale
content:
25. Where a person having bought or agreed to buy goods obtains, with the consent of the seller, possession of the goods or the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods, has the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods or documents of title with the consent of the owner.


document_id: sga-1979
provision_ref: s26
chapter: PART 3 - EFFECTS OF THE CONTRACT
section: 26
title: Supplementary to sections 24 and 25
content:
26. In sections 24 and 25, “mercantile agent” means a mercantile agent having in the customary course of his business as such agent authority either — ( a ) to sell goods; ( b ) to consign goods for the purpose of sale; ( c ) to buy goods; or ( d ) to raise money on the security of goods.


document_id: sga-1979
provision_ref: s27
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 27
title: Duties of seller and buyer
content:
27. It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.


document_id: sga-1979
provision_ref: s28
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 28
title: Payment and delivery are concurrent conditions
content:
28. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.


document_id: sga-1979
provision_ref: s29
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 29
title: Rules about delivery
content:
29. —(1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. (2) Apart from any such contract, express or implied, the place of delivery is the seller’s place of business if he has one, and if not, his residence; except that, if the contract is for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery. (3) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (4) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until the third person acknowledges to the buyer that he holds the goods on his behalf; but nothing in this section affects the operation of the issue or transfer of any document of title to goods. (5) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour; and what is a reasonable hour is a question of fact. (6) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.


document_id: sga-1979
provision_ref: s30
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 30
title: Delivery of wrong quantity
content:
30. —(1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered, he must pay for them at the contract rate. (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. (2A) A buyer who does not deal as consumer may not — ( a ) where the seller delivers a quantity of goods less than he contracted to sell, reject the goods under subsection (1); or ( b ) where the seller delivers a quantity of goods larger than he contracted to sell, reject the whole under subsection (2), if the shortfall or, as the case may be, excess is so slight that it would be unreasonable for the buyer to do so. [4/2014] (2B) It is for the seller to show that a shortfall or excess fell within subsection (2A). (3) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell and the buyer accepts the whole of the goods so delivered, he must pay for them at the contract rate. (4) This section is subject to any usage of trade, special agreement, or course of dealing between the parties.


document_id: sga-1979
provision_ref: s31
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 31
title: Instalment deliveries
content:
31. —(1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery of them by instalments. (2) Where there is a contract for the sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated.


document_id: sga-1979
provision_ref: s32
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 32
title: Delivery to carrier
content:
32. —(1) Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier (whether named by the buyer or not) for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorised by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case; and if the seller omits to do so, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damages. (3) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit; and if the seller fails to do so, the goods are at his risk during such sea transit.


document_id: sga-1979
provision_ref: s33
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 33
title: Risk where goods are delivered at distant place
content:
33. Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer must nevertheless (unless otherwise agreed) take any risk of deterioration in the goods necessarily incident to the course of transit.


document_id: sga-1979
provision_ref: s34
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 34
title: Buyer’s right of examining goods
content:
34. Unless otherwise agreed, when the seller tenders delivery of the goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract and, in the case of a contract for sale by sample, of comparing the bulk with the sample.


document_id: sga-1979
provision_ref: s35
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 35
title: Acceptance
content:
35. —(1) Subject to subsection (2), the buyer is deemed to have accepted the goods — ( a ) when he intimates to the seller that he has accepted them; or ( b ) when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller. (2) Where goods are delivered to the buyer and he has not previously examined them, he is not deemed to have accepted them under subsection (1) until he has had a reasonable opportunity of examining them for the purpose — ( a ) of ascertaining whether they are in conformity with the contract; and ( b ) in the case of a contract for sale by sample, of comparing the bulk with the sample. (3) Where the buyer deals as consumer, the buyer cannot lose his right to rely on subsection (2) by agreement, waiver or otherwise. (4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them. (5) The questions that are material in determining for the purposes of subsection (4) whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2). (6) The buyer is not by virtue of this section deemed to have accepted the goods merely because — ( a ) he asks for, or agrees to, their repair by or under an arrangement with the seller; or ( b ) the goods are delivered to another under a sub-sale or other disposition. (7) Where the contract is for sale of goods making one or more commercial units, a buyer accepting any goods included in a unit is deemed to have accepted all the goods making the unit; and in this subsection, “commercial unit” means a unit division of which would materially impair the value of the goods or the character of the unit. (8) Paragraph 8 of the Schedule applies in relation to a contract made before 22 April 1967.


document_id: sga-1979
provision_ref: s35A
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 35A
title: Right of partial rejection
content:
35A. —(1) If the buyer — ( a ) has the right to reject the goods by reason of a breach on the part of the seller that affects some or all of them; but ( b ) accepts some of the goods, including, where there are any goods unaffected by the breach, all such goods, he does not by accepting them lose his right to reject the rest. (2) In the case of a buyer having the right to reject an instalment of goods, subsection (1) applies as if references to the goods were references to the goods comprised in the instalment. (3) For the purposes of subsection (1), goods are affected by a breach if by reason of the breach they are not in conformity with the contract. (4) This section applies unless a contrary intention appears in, or is to be implied from, the contract.


document_id: sga-1979
provision_ref: s36
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 36
title: Buyer not bound to return rejected goods
content:
36. Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.


document_id: sga-1979
provision_ref: s37
chapter: PART 4 - PERFORMANCE OF THE CONTRACT
section: 37
title: Buyer’s liability for not taking delivery of goods
content:
37. —(1) When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods. (2) Nothing in this section affects the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.


document_id: sga-1979
provision_ref: s38
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 38
title: Unpaid seller defined
content:
38. —(1) The seller of goods is an unpaid seller within the meaning of this Act — ( a ) when the whole of the price has not been paid or tendered; ( b ) when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. (2) In this Part, “seller” includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been indorsed, or a consignor or agent who has himself paid (or is directly responsible for) the price.


document_id: sga-1979
provision_ref: s39
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 39
title: Unpaid seller’s rights
content:
39. —(1) Subject to this and any other Act, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law — ( a ) a lien on the goods or right to retain them for the price while he is in possession of them; ( b ) in case of the insolvency of the buyer, a right of stopping the goods in transit after he has parted with the possession of them; ( c ) a right of re-sale as limited by this Act. (2) Where the property in goods has not passed to the buyer, the unpaid seller has (in addition to his other remedies) a right of withholding delivery similar to and co‑extensive with his rights of lien or retention and stoppage in transit where the property has passed to the buyer. 40. [ Omitted in 1994 Revised Edition ] Unpaid seller’s lien


document_id: sga-1979
provision_ref: s41
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 41
title: Seller’s lien
content:
41. —(1) Subject to this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases: ( a ) where the goods have been sold without any stipulation as to credit; ( b ) where the goods have been sold on credit but the term of credit has expired; ( c ) where the buyer becomes insolvent. (2) The seller may exercise his lien or right of retention notwithstanding that he is in possession of the goods as agent or bailee or custodier for the buyer.


document_id: sga-1979
provision_ref: s42
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 42
title: Part delivery
content:
42. Where an unpaid seller has made part delivery of the goods, he may exercise his lien or right of retention on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien or right of retention.


document_id: sga-1979
provision_ref: s43
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 43
title: Termination of lien
content:
43. —(1) The unpaid seller of goods loses his lien or right of retention in respect of them — ( a ) when he delivers the goods to a carrier or other bailee or custodier for the purpose of transmission to the buyer without reserving the right of disposal of the goods; ( b ) when the buyer or his agent lawfully obtains possession of the goods; ( c ) by waiver of the lien or right of retention. (2) An unpaid seller of goods who has a lien or right of retention in respect of them does not lose his lien or right of retention by reason only that he has obtained judgment or decree for the price of the goods. Stoppage in transit


document_id: sga-1979
provision_ref: s44
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 44
title: Right of stoppage in transit
content:
44. Subject to this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price.


document_id: sga-1979
provision_ref: s45
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 45
title: Duration of transit
content:
45. —(1) Goods are deemed to be in course of transit from the time when they are delivered to a carrier or other bailee or custodier for the purpose of transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from the carrier or other bailee or custodier. (2) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination, the transit is at an end. (3) If, after the arrival of the goods at the appointed destination, the carrier or other bailee or custodier acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee or custodier for the buyer or his agent, the transit is at an end, and it is immaterial that a further destination for the goods may have been indicated by the buyer. (4) If the goods are rejected by the buyer, and the carrier or other bailee or custodier continues in possession of them, the transit is not deemed to be at an end, even if the seller has refused to receive them back. (5) When goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent to the buyer. (6) Where the carrier or other bailee or custodier wrongfully refuses to deliver the goods to the buyer or his agent in that behalf, the transit is deemed to be at an end. (7) Where part delivery of the goods has been made to the buyer or his agent in that behalf, the remainder of the goods may be stopped in transit, unless such part delivery has been made under such circumstances as to show an agreement to give up possession of the whole of the goods.


document_id: sga-1979
provision_ref: s46
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 46
title: How stoppage in transit is effected
content:
46. —(1) The unpaid seller may exercise his right of stoppage in transit either by taking actual possession of the goods or by giving notice of his claim to the carrier or other bailee or custodier in whose possession the goods are. (2) The notice may be given either to the person in actual possession of the goods or to his principal. (3) If given to the principal, the notice is ineffective unless given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer. (4) When notice of stoppage in transit is given by the seller to the carrier or other bailee or custodier in possession of the goods, he must re-deliver the goods to, or according to the directions of, the seller; and the expenses of the re-delivery must be borne by the seller. Re-sale, etc., by buyer


document_id: sga-1979
provision_ref: s47
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 47
title: Effect of sub-sale, etc., by buyer
content:
47. —(1) Subject to this Act, the unpaid seller’s right of lien or retention or stoppage in transit is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented to it. (2) Where a document of title to goods has been lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes it in good faith and for valuable consideration, then — ( a ) if the last-mentioned transfer was by way of sale, the unpaid seller’s right of lien or retention or stoppage in transit is defeated; and ( b ) if the last-mentioned transfer was made by way of pledge or other disposition for value, the unpaid seller’s right of lien or retention or stoppage in transit can only be exercised subject to the rights of the transferee. Rescission: and re-sale by seller


document_id: sga-1979
provision_ref: s48
chapter: PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS
section: 48
title: Rescission: and re-sale by seller
content:
48. —(1) Subject to this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transit. (2) Where an unpaid seller who has exercised his right of lien or retention or stoppage in transit re‑sells the goods, the buyer acquires a good title to them as against the original buyer. (3) Where the goods are of a perishable nature, or where the unpaid seller gives notice to the buyer of his intention to re‑sell, and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may re‑sell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract. (4) Where the seller expressly reserves the right of re‑sale in case the buyer should make default, and on the buyer making default re‑sells the goods, the original contract of sale is rescinded but without prejudice to any claim the seller may have for damages.


document_id: sga-1979
provision_ref: s49
chapter: PART 6 - ACTIONS FOR BREACH OF THE CONTRACT
section: 49
title: Action for price
content:
49. —(1) Where, under a contract of sale, the property in the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may maintain an action against him for the price of the goods. (2) Where, under a contract of sale, the price is payable on a day certain irrespective of delivery and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed and the goods have not been appropriated to the contract.


document_id: sga-1979
provision_ref: s50
chapter: PART 6 - ACTIONS FOR BREACH OF THE CONTRACT
section: 50
title: Damages for non-acceptance
content:
50. —(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer’s breach of contract. (3) Where there is an available market for the goods in question, the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been accepted or (if no time was fixed for acceptance) at the time of the refusal to accept. Buyer’s remedies


document_id: sga-1979
provision_ref: s51
chapter: PART 6 - ACTIONS FOR BREACH OF THE CONTRACT
section: 51
title: Damages for non-delivery
content:
51. —(1) Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract. (3) Where there is an available market for the goods in question, the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) at the time of the refusal to deliver.


document_id: sga-1979
provision_ref: s52
chapter: PART 6 - ACTIONS FOR BREACH OF THE CONTRACT
section: 52
title: Specific performance
content:
52. —(1) In any action for breach of contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the claimant’s application, by its judgment or decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. [Act 25 of 2021 wef 01/04/2022] (2) The claimant’s application may be made at any time before judgment or decree. [Act 25 of 2021 wef 01/04/2022] (3) The judgment or decree may be unconditional, or on such terms and conditions as to damages, payment of the price and otherwise as seem just to the court.


document_id: sga-1979
provision_ref: s53
chapter: PART 6 - ACTIONS FOR BREACH OF THE CONTRACT
section: 53
title: Remedy for breach of warranty
content:
53. —(1) Where there is a breach of warranty by the seller, or where the buyer elects (or is compelled) to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may — ( a ) set up against the seller the breach of warranty in diminution or extinction of the price; or ( b ) maintain an action against the seller for damages for the breach of warranty. (2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty. (3) In the case of breach of warranty of quality, such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the warranty. (4) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage. Interest, etc.


document_id: sga-1979
provision_ref: s54
chapter: PART 6 - ACTIONS FOR BREACH OF THE CONTRACT
section: 54
title: Interest, etc.
content:
54. Nothing in this Act affects the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.


document_id: sga-1979
provision_ref: s55
chapter: PART 7 - SUPPLEMENTARY
section: 55
title: Exclusion of implied terms
content:
55. —(1) Where a right, duty or liability would arise under a contract of sale of goods by implication of law, it may (subject to the Unfair Contract Terms Act 1977) be negatived or varied by express agreement, or by the course of dealing between the parties, or by such usage as binds both parties to the contract. (2) An express condition or warranty does not negative a condition or warranty implied by this Act unless inconsistent with it. (3) Paragraph 9 of the Schedule applies in relation to a contract made on or after 18 May 1973 and before 1 February 1978, and paragraph 10 in relation to one made before 18 May 1973.


document_id: sga-1979
provision_ref: s56
chapter: PART 7 - SUPPLEMENTARY
section: 56
title: Conflict of laws
content:
56. Paragraph 11 of the Schedule applies in relation to a contract made on or after 18 May 1973 and before 1 February 1978, so as to make provision about conflict of laws in relation to such a contract.


document_id: sga-1979
provision_ref: s57
chapter: PART 7 - SUPPLEMENTARY
section: 57
title: Auction sales
content:
57. —(1) Where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale. (2) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner; and until the announcement is made any bidder may retract his bid. (3) A sale by auction may be notified to be subject to a reserve or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller. (4) Where a sale by auction is not notified to be subject to a right to bid by or on behalf of the seller, it is not lawful for the seller to bid himself or to employ any person to bid at the sale, or for the auctioneer knowingly to take any bid from the seller or any such person. (5) A sale contravening subsection (4) may be treated as fraudulent by the buyer. (6) Where, in respect of a sale by auction, a right to bid is expressly reserved (but not otherwise) the seller or any one person on his behalf may bid at the auction. 58. [ Omitted in 1994 Revised Edition ]


document_id: sga-1979
provision_ref: s59
chapter: PART 7 - SUPPLEMENTARY
section: 59
title: Reasonable time a question of fact
content:
59. Where a reference is made in this Act to a reasonable time, the question what is a reasonable time is a question of fact.


document_id: sga-1979
provision_ref: s60
chapter: PART 7 - SUPPLEMENTARY
section: 60
title: Rights, etc., enforceable by action
content:
60. Where a right, duty or liability is declared by this Act, it may, unless otherwise provided by this Act, be enforced by action.


document_id: sga-1979
provision_ref: s61
chapter: PART 7 - SUPPLEMENTARY
section: 61
title: Interpretation
content:
61. —(1) In this Act, unless the context otherwise requires — “action” includes counterclaim and set-off; “bulk” means a mass or collection of goods of the same kind which — ( a ) is contained in a defined space or area; and ( b ) is such that any goods in the bulk are interchangeable with any other goods therein of the same number or quantity; “business” includes a profession and the activities of any Government department or local or public authority; “buyer” means a person who buys or agrees to buy goods; “claimant” includes a defendant counterclaiming; [Act 25 of 2021 wef 01/04/2022] “contract of sale” includes an agreement to sell as well as a sale; “credit-broker” means a person acting in the course of a business of credit brokerage carried on by him, that is a business of effecting introductions of individuals desiring to obtain credit — ( a ) to persons carrying on any business so far as it relates to the provision of credit; or ( b ) to other persons engaged in credit brokerage; “delivery” means voluntary transfer of possession from one person to another except that, in relation to sections 20A and 20B, it includes such appropriation of goods to the contract as results in property in the goods being transferred to the buyer; “document of title to goods” has the same meaning as in the Factors Act 1889; “fault” means wrongful act or default; “future goods” means goods to be manufactured or acquired by the seller after the making of the contract of sale; “goods” includes all personal chattels other than things in action and money; and in particular “goods” includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale and includes an undivided share in goods; [ Deleted by Act 25 of 2021 wef 01/04/2022 ] “property” means the general property in goods, and not merely a special property; “sale” includes a bargain and sale as well as a sale and delivery; “seller” means a person who sells or agrees to sell goods; “specific goods” means goods identified and agreed on at the time a contract of sale is made and includes an undivided share, specified as a fraction or percentage, of goods identified and agreed on as aforesaid; “warranty” means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated. (2) A thing is deemed to be done in good faith within the meaning of this Act when it is in fact done honestly, whether it is done negligently or not. (3) A person is deemed to be insolvent within the meaning of this Act if he has either ceased to pay his debts in the ordinary course of business or he cannot pay his debts as they become due. (4) Goods are in a deliverable state within the meaning of this Act when they are in such a state that the buyer would under the contract be bound to take delivery of them. (4A) References in this Act to dealing as consumer are to be construed in accordance with Part 1 of the Unfair Contract Terms Act 1977. (4B) For the purposes of this Act, it is for a seller claiming that the buyer does not deal as consumer to show that he does not. (5) As regards the definition of “business” in subsection (1), paragraph 12 of the Schedule applies in relation to a contract made on or after 18 May 1973 and before 1 February 1978, and paragraph 13 in relation to one made before 18 May 1973.


document_id: sga-1979
provision_ref: s62
chapter: PART 7 - SUPPLEMENTARY
section: 62
title: Savings: rules of law, etc.
content:
62. —(1) The rules in bankruptcy relating to contracts of sale apply to those contracts, notwithstanding anything in this Act. (2) The rules of the common law, including the law merchant, except in so far as they are inconsistent with the provisions of this Act, and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, apply to contracts for the sale of goods. (3) Nothing in this Act affects the enactments relating to bills of sale. (4) The provisions of this Act about contracts of sale do not apply to a transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.


document_id: sga-1982
provision_ref: s1
section: 1
title: Contracts concerned
content:
1. —(1) In this Act, “contract for the transfer of goods” means a contract under which one person transfers or agrees to transfer to another the property in goods, other than an excepted contract. (2) For the purposes of this section, an excepted contract means any of the following: ( a ) a contract of sale of goods; ( b ) a hire-purchase agreement; ( c ) a transfer or agreement to transfer which is made by deed and for which there is no consideration other than the presumed consideration imported by the deed; ( d ) a contract intended to operate by way of mortgage, pledge, charge or other security. (3) For the purposes of this Act, a contract is a contract for the transfer of goods whether or not services are also provided or to be provided under the contract, and, subject to subsection (2), whatever is the nature of the consideration for the transfer or agreement to transfer.


document_id: sga-1982
provision_ref: s2
section: 2
title: Implied terms about title, etc.
content:
2. —(1) In a contract for the transfer of goods, other than one to which subsection (3) applies, there is an implied condition on the part of the transferor that in the case of a transfer of the property in the goods he has a right to transfer the property and in the case of an agreement to transfer the property in the goods he will have such a right at the time when the property is to be transferred. (2) In a contract for the transfer of goods, other than one to which subsection (3) applies, there is also an implied warranty that — ( a ) the goods are free, and will remain free until the time when the property is to be transferred, from any charge or encumbrance not disclosed or known to the transferee before the contract is made; and ( b ) the transferee will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known. (3) This subsection applies to a contract for the transfer of goods in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the transferor should transfer only such title as he or a third person may have. (4) In a contract to which subsection (3) applies, there is an implied warranty that all charges or encumbrances known to the transferor and not known to the transferee have been disclosed to the transferee before the contract is made. (5) In a contract to which subsection (3) applies, there is also an implied warranty that none of the following will disturb the transferee’s quiet possession of the goods, namely: ( a ) the transferor; ( b ) in a case where the parties to the contract intend that the transferor should transfer only such title as a third person may have, that person; ( c ) anyone claiming through or under the transferor or that third person otherwise than under a charge or encumbrance disclosed or known to the transferee before the contract is made.


document_id: sga-1982
provision_ref: s3
section: 3
title: Implied terms where transfer is by description
content:
3. —(1) This section applies where, under a contract for the transfer of goods, the transferor transfers or agrees to transfer the property in the goods by description. (2) In such a case, there is an implied condition that the goods will correspond with the description. (3) If the transferor transfers or agrees to transfer the property in the goods by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. (4) A contract is not prevented from falling within subsection (1) by reason only that, being exposed for supply, the goods are selected by the transferee.


document_id: sga-1982
provision_ref: s4
section: 4
title: Implied terms about quality or fitness
content:
4. —(1) Except as provided by this section and section 5 and subject to the provisions of any other enactment, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract for the transfer of goods. (2) Where, under such a contract, the transferor transfers the property in goods in the course of a business, there is an implied condition that the goods supplied under the contract are of satisfactory quality. (2A) For the purposes of this section and section 5, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. (3) The condition implied by subsection (2) does not extend to any matter making the quality of goods unsatisfactory — ( a ) which is specifically drawn to the transferee’s attention before the contract is made; ( b ) where the transferee examines the goods before the contract is made, which that examination ought to reveal; or ( c ) where the property in the goods is transferred by reference to a sample, which would have been apparent on a reasonable examination of the sample. (4) Subsection (5) applies where, under a contract for the transfer of goods, the transferor transfers the property in goods in the course of a business and the transferee, expressly or by implication, makes known — ( a ) to the transferor; or ( b ) where the consideration or part of the consideration for the transfer is a sum payable by instalments and the goods were previously sold by a credit-broker to the transferor, to that credit-broker, any particular purpose for which the goods are being acquired. (5) In that case there is, subject to subsection (6), an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied. (6) Subsection (5) does not apply where the circumstances show that the transferee does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the transferor or credit-broker. (7) An implied condition or warranty about quality or fitness for a particular purpose may be annexed by usage to a contract for the transfer of goods. (8) The preceding provisions of this section apply to a transfer by a person who in the course of a business is acting as agent for another as they apply to a transfer by a principal in the course of a business, except where that other is not transferring in the course of a business and either the transferee knows that fact or reasonable steps are taken to bring it to the transferee’s notice before the contract concerned is made.


document_id: sga-1982
provision_ref: s5
section: 5
title: Implied terms where transfer is by sample
content:
5. —(1) This section applies where, under a contract for the transfer of goods, the transferor transfers or agrees to transfer the property in the goods by reference to a sample. (2) In such a case, there is an implied condition — ( a ) that the bulk will correspond with the sample in quality; ( b ) that the transferee will have a reasonable opportunity of comparing the bulk with the sample; and ( c ) that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample. (3) [ Deleted by Act 44 of 1996 ] (4) For the purposes of this section, a transferor transfers or agrees to transfer the property in goods by reference to a sample where there is an express or implied term to that effect in the contract concerned.


document_id: sga-1982
provision_ref: s5A
section: 5A
title:
Modification of remedies for breach of statutory condition in non-consumer contracts for transfer of goods

content:
5A. —(1) Where in the case of a contract for the transfer of goods — ( a ) the transferee would, apart from this subsection, have the right to treat the contract as repudiated by reason of a breach on the part of the transferor of a condition implied by section 3, 4 or 5(2)( a ) or ( c ); but ( b ) the breach is so slight that it would be unreasonable for the transferee to do so, then, if the transferee does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty. (2) This section applies unless a contrary intention appears in, or is to be implied from, the contract. (3) It is for the transferor to show that a breach fell within subsection (1)( b ). Contracts for hire of goods


document_id: sga-1982
provision_ref: s6
section: 6
title: Contracts concerned
content:
6. —(1) In this Act, “contract for the hire of goods” means a contract under which one person bails or agrees to bail goods to another by way of hire, other than a hire-purchase agreement. (2) For the purposes of this Act, a contract is a contract for the hire of goods whether or not services are also provided or to be provided under the contract, and whatever is the nature of the consideration for the bailment or agreement to bail by way of hire.


document_id: sga-1982
provision_ref: s7
section: 7
title: Implied terms about right to transfer possession, etc.
content:
7. —(1) In a contract for the hire of goods, there is an implied condition on the part of the bailor that in the case of a bailment he has a right to transfer possession of the goods by way of hire for the period of the bailment and in the case of an agreement to bail he will have such a right at the time of the bailment. (2) In a contract for the hire of goods, there is also an implied warranty that the bailee will enjoy quiet possession of the goods for the period of the bailment except so far as the possession may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the bailee before the contract is made. (3) This section does not affect the right of the bailor to repossess the goods under an express or implied term of the contract.


document_id: sga-1982
provision_ref: s8
section: 8
title: Implied terms where hire is by description
content:
8. —(1) This section applies where, under a contract for the hire of goods, the bailor bails or agrees to bail the goods by description. (2) In such a case, there is an implied condition that the goods will correspond with the description. (3) If under the contract the bailor bails or agrees to bail the goods by reference to a sample as well as a description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. (4) A contract is not prevented from falling within subsection (1) by reason only that, being exposed for supply, the goods are selected by the bailee.


document_id: sga-1982
provision_ref: s9
section: 9
title: Implied terms about quality or fitness
content:
9. —(1) Except as provided by this section and section 10 and subject to the provisions of any other enactment, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods bailed under a contract for the hire of goods. (2) Where, under such a contract, the bailor bails goods in the course of a business, there is an implied condition that the goods supplied under the contract are of satisfactory quality. (2A) For the purposes of this section and section 10, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the consideration for the bailment (if relevant) and all the other relevant circumstances. (3) The condition implied by subsection (2) does not extend to any matter making the quality of goods unsatisfactory — ( a ) which is specifically drawn to the bailee’s attention before the contract is made; ( b ) where the bailee examines the goods before the contract is made, which that examination ought to reveal; or ( c ) where the goods are bailed by reference to a sample, which would have been apparent on a reasonable examination of the sample. (4) Subsection (5) applies where, under a contract for the hire of goods, the bailor bails goods in the course of a business and the bailee, expressly or by implication, makes known — ( a ) to the bailor in the course of negotiations conducted by him in relation to the making of the contract; or ( b ) to a credit-broker in the course of negotiations conducted by that broker in relation to goods sold by him to the bailor before forming the subject matter of the contract, any particular purpose for which the goods are being bailed. (5) In that case there is, subject to subsection (6), an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied. (6) Subsection (5) does not apply where the circumstances show that the bailee does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the bailor or credit-broker. (7) An implied condition or warranty about quality or fitness for a particular purpose may be annexed by usage to a contract for the hire of goods. (8) The preceding provisions of this section apply to a bailment by a person who in the course of a business is acting as agent for another as they apply to a bailment by a principal in the course of a business, except where that other is not bailing in the course of a business and either the bailee knows that fact or reasonable steps are taken to bring it to the bailee’s notice before the contract concerned is made.


document_id: sga-1982
provision_ref: s10
section: 10
title: Implied terms where hire is by sample
content:
10. —(1) This section applies where, under a contract for the hire of goods, the bailor bails or agrees to bail the goods by reference to a sample. (2) In such a case, there is an implied condition — ( a ) that the bulk will correspond with the sample in quality; ( b ) that the bailee will have a reasonable opportunity of comparing the bulk with the sample; and ( c ) that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample. (3) [ Deleted by Act 44 of 1996 ] (4) For the purposes of this section, a bailor bails or agrees to bail goods by reference to a sample where there is an express or implied term to that effect in the contract concerned.


document_id: sga-1982
provision_ref: s10A
section: 10A
title:
Modification of remedies for breach of statutory condition in non-consumer contracts for hire of goods

content:
10A. —(1) Where in the case of a contract for the hire of goods — ( a ) the bailee would, apart from this subsection, have the right to treat the contract as repudiated by reason of a breach on the part of the bailor of a condition implied by section 8, 9 or 10(2)( a ) or ( c ); but ( b ) the breach is so slight that it would be unreasonable for the bailee to do so, then, if the bailee does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty. (2) This section applies unless a contrary intention appears in, or is to be implied from, the contract. (3) It is for the bailor to show that a breach fell within subsection (1)( b ). Exclusion of implied terms, etc.


document_id: sga-1982
provision_ref: s11
section: 11
title: Exclusion of implied terms, etc.
content:
11. —(1) Where a right, duty or liability would arise under a contract for the transfer of goods or a contract for the hire of goods by implication of law, it may (subject to subsection (2) and the Unfair Contract Terms Act 1977) be negatived or varied by express agreement, or by the course of dealing between the parties, or by such usage as binds both parties to the contract. (2) An express condition or warranty does not negative a condition or warranty implied by the preceding provisions of this Act unless inconsistent with it. (3) Nothing in the preceding provisions of this Act prejudices the operation of any other enactment or any rule of law whereby any condition or warranty (other than one relating to quality or fitness) is to be implied in a contract for the transfer of goods or a contract for the hire of goods.


document_id: sga-1982
provision_ref: s18
section: 18
title: Interpretation
content:
18. —(1) In this Act — “bailee”, in relation to a contract for the hire of goods, means (depending on the context) a person to whom the goods are bailed under the contract, or a person to whom they are to be so bailed, or a person to whom the rights under the contract of either of those persons have passed; “bailor”, in relation to a contract for the hire of goods, means (depending on the context) a person who bails the goods under the contract, or a person who agrees to do so, or a person to whom the duties under the contract of either of those persons have passed; “business” includes a profession and the activities of any Government department or local or public authority; “credit-broker” means a person acting in the course of a business of credit brokerage carried on by him; “credit brokerage” means the effecting of introductions — ( a ) of individuals desiring to obtain credit to persons carrying on any business so far as it relates to the provision of credit; ( b ) of individuals desiring to obtain goods on hire to persons carrying on a business which comprises or relates to the bailment of goods under a contract for the hire of goods; or ( c ) of individuals desiring to obtain credit, or to obtain goods on hire, to other credit-brokers; “enactment” means any legislation (including subsidiary legislation) of Singapore; “goods” includes all personal chattels (including emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before the transfer or bailment concerned or under the contract concerned) other than things in action and money; “hire‑purchase agreement” has the same meaning as in the Hire‑Purchase Act 1969; “property”, in relation to goods, means the general property in them and not merely a special property; “transferee”, in relation to a contract for the transfer of goods, means (depending on the context) a person to whom the property in the goods is transferred under the contract, or a person to whom the property is to be so transferred, or a person to whom the rights under the contract of either of those persons have passed; “transferor”, in relation to a contract for the transfer of goods, means (depending on the context) a person who transfers the property in the goods under the contract, or a person who agrees to do so, or a person to whom the duties under the contract of either of those persons have passed. (2) In subsection (1), in the definitions of “bailee”, “bailor”, “transferee” and “transferor”, a reference to rights or duties passing is to their passing by assignment, operation of law or otherwise. (3) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods: ( a ) fitness for all the purposes for which goods of the kind in question are commonly supplied; ( b ) appearance and finish; ( c ) freedom from minor defects; ( d ) safety; ( e ) durability. (4) References in this Act to dealing as consumer are to be construed in accordance with Part 1 of the Unfair Contract Terms Act 1977. (5) For the purposes of this Act, it is for the transferor or bailor claiming that the transferee or bailee does not deal as consumer to show that he does not.


document_id: sga-1982
provision_ref: s19
section: 19
title: Short title and transitional
content:
19. —(1) This Act may be cited as the Supply of Goods Act 1982. (2) Nothing in this Act applies in relation to a contract made 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: sgca-2002
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “authorised officer” means — ( a ) an officer appointed as an authorised officer under section 4; or ( b ) an officer of customs within the meaning of section 3(1) of the Customs Act 1960; “bring in transit” means to bring goods from any country into Singapore by land, water or air, where the goods are to be taken out from Singapore on the same conveyance on which they are brought into Singapore without any landing in Singapore, but does not include the passage through Singapore in accordance with international law of a foreign conveyance carrying goods; “computer” has the meaning given by section 2(1) of the Computer Misuse Act 1993; “conveyance” includes any vessel, train, vehicle, aircraft or other mode of transport; “country” includes territory; “development”, in relation to any goods, means any stage prior to the serial production of the goods, including design, design research, design analysis, development of a design concept, assembly and testing of a prototype, pilot production, generation of design data, the process of transforming design data into a product, configuration design, integration design, and layout; “device” means any tangible medium in which information, visual images, sounds or other data is or are recorded, stored or embodied in any form so as to be capable (with or without the aid of other equipment) of being retrieved or produced therefrom; “Director-General” means the Director‑General of Customs appointed under section 4(1) of the Customs Act 1960; “export” means to take out from Singapore goods by land, water or air, and includes the placing of the goods in a conveyance for the purpose of taking the goods out from Singapore; but does not include the taking out from Singapore of goods that have been brought in transit or transhipped; “foreign country” means a country other than Singapore; “goods” means any movable or personal property but does not include choses in action or money; “permit” means a permit granted under section 7; “production”, in relation to any goods, means any stage of production of the goods, including construction, production engineering, manufacture, integration, assembly, mounting, inspection, testing, and quality assurance; “registered” means registered under section 8; “relevant activity” means — ( a ) the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of any nuclear, chemical or biological weapon; or ( b ) the development, production, maintenance or storage of missiles which are capable of delivering any such weapon; “senior authorised officer” means — ( a ) an officer appointed as a senior authorised officer under section 4; or ( b ) a senior officer of customs within the meaning of section 3(1) of the Customs Act 1960; “software” means a collection of one or more programs or microprograms recorded, stored or embodied in any device; “strategic goods” means any goods prescribed by the Minister as strategic goods under section 4A; “strategic goods technology” means any technology prescribed by the Minister as strategic goods technology under section 4A; “technology” means information (including information comprised in such documents as specifications, blueprints, plans, manuals, models, diagrams, formulae, tables and designs) that is necessary for the development, production or use of any goods, and includes software; “through bill of lading”, “through airway bill” and “through manifest” mean a bill of lading, airway bill and manifest (respectively) for the consignment of goods from a place outside Singapore to a destination which is also outside Singapore without a consignee in Singapore; “tranship” means to remove goods from the conveyance on which they were brought into Singapore and to place the goods on the same or another conveyance for the purpose of taking them out of Singapore, where these acts are carried out on a through bill of lading, through airway bill or through manifest; “transmit”, in relation to any technology, means to — ( a ) transmit it in Singapore by electronic means; or ( b ) make it available in Singapore on a computer, so that it becomes accessible (whether on a request, or subject to a precondition, or otherwise) to a person in a foreign country, whether the person is a specific person, a person within a specific class, any person in general or the person who carries out the transmission; “use”, in relation to any goods, means the operation, installation, maintenance, inspection, repair, overhaul or refurbishing of the goods. [45/2007; 3/2013; 9/2018] (2) For the purposes of the definition of the expression “bring in transit” — ( a ) a conveyance is in passage through Singapore in accordance with international law if it passes through or above Singapore territorial waters or airspace without stopping or anchoring in Singapore except in a situation of distress; and ( b ) a conveyance is a foreign conveyance if it is not registered in Singapore. (3) In this Act, a reference to a document includes, in addition to any document or record on paper, a reference to any, or part of any — ( a ) document or record in an electronic form or kept on any magnetic, optical, chemical or other medium; ( b ) photograph; ( c ) map, plan, graph, picture or drawing; or ( d ) device. (4) A reference in this Act to the value of goods or technology in respect of which an offence was committed is a reference to the value of the goods or technology at the time of the commission of the offence. 3. [ Repealed by Act 3 of 2021 wef 01/07/2025 ]


document_id: sgca-2002
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Appointment of authorised officers and senior authorised officers
content:
4. The Minister may appoint any public officer or officer of a statutory body as an authorised officer or a senior authorised officer for the purposes of this Act or any particular Part or provision of this Act.


document_id: sgca-2002
provision_ref: s4A
chapter: PART 1 - PRELIMINARY
section: 4A
title: Strategic goods and strategic goods technology
content:
4A. —(1) The Minister may, by order in the Gazette , prescribe –– ( a ) any military or dual-use goods as strategic goods for the purposes of this Act; or ( b ) any military or dual‑use technology as strategic goods technology for the purposes of this Act. [45/2007] (2) In subsection (1) –– “dual‑use goods” means goods capable of being used for both a non-military purpose and a military purpose or relevant activity; “dual‑use technology” means technology necessary for the development, production or use of any dual‑use goods; “military goods” means goods solely or predominantly designed or modified for a military purpose, including any part or component thereof; “military technology” means technology necessary for the development, production or use of any military goods. [45/2007]


document_id: sgca-2002
provision_ref: s5
chapter: PART 2 - TRANSFER AND BROKERING OF STRATEGIC GOODS AND STRATEGIC GOODS TECHNOLOGY
section: 5
title: Transfer of strategic goods, etc.
content:
5. —(1) A person must not — ( a ) export, tranship or bring in transit any strategic goods; ( b ) export any document in which any strategic goods technology is recorded, stored or embodied; or ( c ) transmit any strategic goods technology. [45/2007] (2) A person must not — ( a ) export, tranship or bring in transit any goods; ( b ) export any document in which any technology is recorded, stored or embodied; or ( c ) transmit any technology, if — ( d ) the person has been notified by an authorised officer or a senior authorised officer that the goods are or technology is intended or likely to be used, wholly or in part, for or in connection with a relevant activity; ( e ) the person knows that the goods are or technology is intended to be used, wholly or in part, for or in connection with a relevant activity; or ( f ) the person has reasonable grounds to suspect that the goods are or technology is intended or likely to be used, wholly or in part, for or in connection with a relevant activity. (3) Subsections (1) and (2) do not apply to an act authorised by a permit. (4) Subsections (1) and (2) do not apply to any technology in the public domain. [45/2007] (5) Subsections (1) and (2) do not apply to the export of any document in which any technology is recorded, stored or embodied, or to the transmission of any technology, to the extent that this is necessary to facilitate — ( a ) the installation, operation, maintenance or repair of any goods which have been exported, transhipped or brought in transit, where a permit has been obtained or is not required for such export, transhipment or bringing in transit; ( b ) an application for a patent; or ( c ) any research in the technology the results of which have no practical application. [45/2007] (6) Subsection (2)( a ) does not apply to the bringing in transit of any goods with the approval of a senior authorised officer. (7) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable — ( a ) on a first conviction, to a fine not exceeding $100,000 or 3 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both; or ( b ) on a second or subsequent conviction, to a fine not exceeding $200,000 or 4 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both. (8) In proceedings for an offence for an act referred to in subsection (1)( c ) or (2)( c ), it is a defence for the accused to prove that, at the time of carrying out the act, the accused did not know nor have reason to believe that the technology in question would thereby become accessible to any person in a foreign country. (9) In proceedings for an offence in respect of any goods or technology mentioned in subsection (2)( f ), it is a defence for the accused to prove that the accused has made all reasonable inquiries as to the use or proposed use of those goods or that technology and is satisfied from such inquiries that those goods or that technology will not be used for or in connection with a relevant activity.


document_id: sgca-2002
provision_ref: s6
chapter: PART 2 - TRANSFER AND BROKERING OF STRATEGIC GOODS AND STRATEGIC GOODS TECHNOLOGY
section: 6
title: Brokering of strategic goods, etc.
content:
6. —(1) A person must not arrange or negotiate, or do any act to facilitate the arrangement or negotiation of — ( a ) a contract for the acquisition or disposal of any goods mentioned in subsection (2) if the person knows or has reason to believe that such a contract will or is likely to result in the removal of those goods from one foreign country to another foreign country; or ( b ) a contract for the acquisition, disposal or transmission of — (i) any technology mentioned in subsection (3); or (ii) any document in which such technology is recorded, stored or embodied, if the person knows or has reason to believe that such a contract will or is likely to result in the transmission of such technology or removal of such document from one foreign country to another foreign country. (2) Subsection (1) applies to — ( a ) such strategic goods as the Minister may specify by order in the Gazette ; or ( b ) any goods — (i) which that person has been notified by an authorised officer or a senior authorised officer are intended or likely to be used, wholly or in part, for or in connection with a relevant activity; (ii) which that person knows are intended to be used, wholly or in part, for or in connection with a relevant activity; or (iii) which that person has reasonable grounds to suspect are intended or likely to be used, wholly or in part, for or in connection with a relevant activity. [45/2007] (3) Subsection (1) applies to –– ( a ) such strategic goods technology as the Minister may specify by order in the Gazette ; and ( b ) any technology –– (i) which that person has been notified by an authorised officer or a senior authorised officer is intended or likely to be used, wholly or in part, for or in connection with a relevant activity; (ii) which that person knows is intended to be used, wholly or in part, for or in connection with a relevant activity; or (iii) which that person has reasonable grounds to suspect is intended or likely to be used, wholly or in part, for or in connection with a relevant activity. [45/2007] (4) Subsection (1) does not apply to any technology in the public domain. [45/2007] (5) Subsection (1) does not apply to an act in relation to any strategic goods mentioned in subsection (2)( a ) by a person who is registered. (6) Subsection (1) does not apply to an act in relation to — ( a ) any goods mentioned in subsection (2)( b ); or ( b ) any technology mentioned in subsection (3), or any document in which the technology is recorded, stored or embodied, that is authorised by a permit. (7) Subsection (1) does not apply to any person whose sole involvement in the acquisition or disposal of the goods, technology or document, or the transmission of the technology, is the provision of — ( a ) transportation service; ( b ) financing or financial service; ( c ) insurance; ( d ) advertising service to the extent that it involves the dissemination of information that is generally available to the public; or ( e ) any other service that may be prescribed. (8) Subsection (1) does not apply to any contract for the acquisition, disposal or transmission of any technology, or of any document in which any technology is recorded, stored or embodied, to the extent that such acquisition, disposal or transmission is necessary to facilitate — ( a ) the installation, operation, maintenance or repair in any foreign country of any goods which are not strategic goods; ( b ) an application for a patent; or ( c ) any research in the technology or part, the results of which have no practical application. [45/2007] (9) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable — ( a ) on a first conviction, to a fine not exceeding $100,000 or 3 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both; and ( b ) on a second or subsequent conviction, to a fine not exceeding $200,000 or 4 times the value of the goods or technology in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both. (10) In proceedings for an offence in respect of any goods mentioned in subsection (2)( b )(iii) or any technology mentioned in subsection (3)( b )(iii), it is a defence for the accused to prove that the accused has made all reasonable inquiries as to the use or proposed use of those goods or that technology and is satisfied from such inquiries that those goods or that technology will not be used for or in connection with a relevant activity. (11) In this section — “acquisition”, in relation to any goods, technology or document, means the purchase, hire or borrowing of the goods, technology or document, or the acceptance of the goods, technology or document as a gift; “disposal”, in relation to any goods, technology or document, means the sale, letting on hire or lending of the goods, technology or document, or the giving of the goods, technology or document as a gift.


document_id: sgca-2002
provision_ref: s7
chapter: PART 2 - TRANSFER AND BROKERING OF STRATEGIC GOODS AND STRATEGIC GOODS TECHNOLOGY
section: 7
title: Permits
content:
7. —(1) An application for a permit to carry out an act — ( a ) referred to in section 5(1) or (2); or ( b ) referred to in section 6(1) in relation to — (i) any goods mentioned in section 6(2)( b ); or (ii) any technology mentioned in section 6(3) or any document in which such technology is recorded, stored or embodied, must be made to the Director‑General. (2) An application for a permit must be made in the manner and form that the Director‑General may determine, and must be accompanied by any fee that may be prescribed. (3) The Director-General may, subject to the regulations made under subsection (7), grant a permit to the applicant and may impose such conditions on the applicant as the Director‑General thinks fit. (4) The Director-General may, subject to the regulations made under subsection (7), renew a permit with or without conditions, or cancel a permit. (5) A person aggrieved by a decision of the Director‑General not to grant or renew a permit, or to cancel a permit, may appeal to the Minister whose decision is final. (6) The Director-General may delegate any of his or her powers under this section to a senior authorised officer. (7) The Minister may make regulations to prescribe the class or classes of permits that may be granted, the time, form and manner of application for a permit, the conditions of a permit, the circumstances under which an application may be granted or refused, or a permit may be cancelled, renewed or replaced, and the fees payable in respect thereof.


document_id: sgca-2002
provision_ref: s8
chapter: PART 2 - TRANSFER AND BROKERING OF STRATEGIC GOODS AND STRATEGIC GOODS TECHNOLOGY
section: 8
title: Registration
content:
8. —(1) An application for registration to carry out an act referred to in section 6(1) in relation to goods mentioned in section 6(2)( a ) must be made to the Director‑General in the manner and form that the Director‑General may determine, and must be accompanied by any fee that may be prescribed. (2) The Director-General may, subject to the regulations made under subsection (6), register the applicant and may impose such conditions on the applicant as the Director‑General thinks fit. (3) The Director-General may, subject to the regulations made under subsection (6), renew any registration with or without conditions, or cancel or suspend any registration. (4) A person aggrieved by a decision of the Director‑General not to register the person or renew the person’s registration, or to cancel or suspend the person’s registration, may appeal to the Minister whose decision is final. (5) The Director-General may delegate any of his or her powers under this section to a senior authorised officer. (6) The Minister may make regulations to prescribe different classes of registration, the time, form and manner of application for registration, the duration of any registration, the conditions of registration, the circumstances under which an application may be granted or refused, or any registration may be suspended, cancelled, extended or renewed, and the fees payable in respect thereof.


document_id: sgca-2002
provision_ref: s9
chapter: PART 2 - TRANSFER AND BROKERING OF STRATEGIC GOODS AND STRATEGIC GOODS TECHNOLOGY
section: 9
title: Breach of condition of permit or registration an offence
content:
9. If any person who holds a permit or who is registered contravenes, without lawful excuse, a condition of the permit or registration that is prescribed under section 7(7) or 8(6), that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: sgca-2002
provision_ref: s10
chapter: PART 3 - INFORMATION AND DOCUMENTS
section: 10
title: Information and records on any act requiring permit or registration
content:
10. —(1) A person who carries out any act under the authority of a permit, or in respect of which the person is registered, must — ( a ) give to a senior authorised officer, in the prescribed form and at the prescribed time, the prescribed particulars in respect of that act; ( b ) keep records in relation to that act that are required by regulations made under this Act; and ( c ) prepare and give to a senior authorised officer from such records, any reports that are required by regulations made under this Act. (2) Any person who refuses or fails, without reasonable cause, to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (3) The regulations relating to the keeping of records mentioned in subsection (1)( b ) may include regulations relating to — ( a ) the form and content of those records; and ( b ) the period for which those records are to be kept. (4) The regulations relating to the preparation and giving of reports mentioned in subsection (1)( c ) may include regulations relating to — ( a ) the form and content of those reports; ( b ) the time within which those reports are to be made; and ( c ) the persons who are to sign those reports.


document_id: sgca-2002
provision_ref: s11
chapter: PART 3 - INFORMATION AND DOCUMENTS
section: 11
title: Senior authorised officer may seek information
content:
11. —(1) This section applies if a senior authorised officer considers that any person is capable of giving information relating to any act referred to in section 5, 6 or 9. (2) The senior authorised officer may, by written notice given to a person mentioned in subsection (1), require the person to give such information to the senior authorised officer within such reasonable period and in such manner as is specified in the notice. (3) The senior authorised officer may, by written notice given to a person mentioned in subsection (1), require the person to give the senior authorised officer particular documents, or documents of a particular kind, specified in the notice, within a reasonable period that is specified in the notice. (4) Any person who refuses or fails, without reasonable cause, to comply with a notice under this section to the extent that the person is capable of complying with it shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (5) The power of a senior authorised officer under this section to require a person to give information or documents to the senior authorised officer is in addition to any obligation to give information or documents that the person may have under section 10.


document_id: sgca-2002
provision_ref: s12
chapter: PART 3 - INFORMATION AND DOCUMENTS
section: 12
title: Confidentiality
content:
12. —(1) Any information or document given under this Part must not, except with the prior consent in writing of the person having the control, management or superintendence of the thing in relation to which the information or document was given — ( a ) be published; or ( b ) be communicated or disclosed to any other person, except where it is necessary — ( c ) for the purposes of an investigation into or prosecution for an offence under this Act or any other written law; or ( d ) to enable a foreign government authority to investigate or prosecute a person for an offence committed in a foreign country, if the conditions specified in subsection (2) are satisfied. (2) The conditions mentioned in subsection (1)( d ) are — ( a ) that the offence involves strategic goods or strategic goods technology, or anything that may be used to develop, produce, operate, stockpile or acquire any nuclear, chemical or biological weapon or a missile capable of delivering such weapon; ( b ) that the communication or disclosure is not likely to prejudice the sovereignty, security or other essential interests of Singapore; ( c ) that the information is used only for the investigation or prosecution for which it was requested and the foreign government authority undertakes to abide by any condition imposed by the Minister on the use of the information; and ( d ) any other conditions that the Minister may prescribe. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: sgca-2002
provision_ref: s13
chapter: PART 4 - ENFORCEMENT
section: 13
title: Preliminary provision
content:
13. —(1) In this Part, “premises” means any land, place or building, whether open or enclosed, and whether built on or not, and includes any free trade zone within the meaning of the Free Trade Zones Act 1966. (2) To avoid doubt, the provisions of this Part have effect despite the provisions of the Free Trade Zones Act 1966.


document_id: sgca-2002
provision_ref: s14
chapter: PART 4 - ENFORCEMENT
section: 14
title: Search warrant
content:
14. —(1) If a Magistrate is satisfied, on information given upon oath, that there is reasonable cause to believe that there is in any premises any article or document which is evidence that an offence under section 5, 6 or 9 has been, is being or is about to be committed, the Magistrate may issue a warrant in writing authorising an authorised officer or a senior authorised officer to enter the premises, at any time within one month from the time of the issue of the warrant, to search them. (2) An authorised officer or a senior authorised officer who enters the premises under the authority of the warrant may — ( a ) take with him or her any other person and any equipment that appear to him or her to be necessary; ( b ) rummage and search all parts of the premises for any such article or document; ( c ) inspect any document which he or she has reasonable cause to believe is such document, and make copies of, or seize and remove, such document; ( d ) inspect, seize and remove any article found on the premises which he or she has reasonable cause to believe to be such article; and ( e ) search or cause to be searched any person found on the premises whom he or she has reasonable cause to believe to be in possession of any such article or document. (3) No woman or girl may be searched except by a woman.


document_id: sgca-2002
provision_ref: s15
chapter: PART 4 - ENFORCEMENT
section: 15
title: When search may be made without warrant
content:
15. If a senior authorised officer has reasonable cause to believe that — ( a ) there is in any premises any article or document which is evidence that an offence under section 5 or 6 has been, is being or is about to be committed; and ( b ) the article or document is likely to be removed by reason of a delay in obtaining a search warrant under section 14, he or she may exercise all the powers mentioned in section 14 as if he or she were authorised to do so by a warrant issued under that section.


document_id: sgca-2002
provision_ref: s16
chapter: PART 4 - ENFORCEMENT
section: 16
title: Power to search conveyance
content:
16. —(1) A senior authorised officer, or an authorised officer acting in accordance with the general or special directions of a senior authorised officer, may board any conveyance in Singapore and may rummage and search all parts of the conveyance for any article or document in respect of which an offence under section 5 or 6 has been, is being or is about to be committed. (2) For the more effective exercise of the powers under subsection (1), the authorised officer or senior authorised officer may — ( a ) require the master of any vessel or the captain of any aircraft to give such information relating to the vessel or aircraft, cargo, stores, crew, passengers or voyage as the authorised officer or senior authorised officer may consider necessary; ( b ) by direction to the master of any vessel or the pilot of any aircraft, require the vessel or aircraft (as the case may be) not to proceed until so authorised; ( c ) require any document which ought to be on board any vessel or aircraft to be brought to him or her for inspection and, if he or she has reasonable cause to believe that the document is evidence of the commission of an offence under section 5 or 6, to make copies of, or seize and remove, the document; and ( d ) require the person in charge of a vehicle — (i) to stop and not to proceed until so authorised; or (ii) to bring the vehicle to any premises prescribed by the Minister as an examinations station for the purposes of this section. (3) The authorised officer or senior authorised officer may seize and remove any article or document in respect of which he or she has reasonable cause for believing that an offence under section 5 or 6 has been, is being or is about to be committed.


document_id: sgca-2002
provision_ref: s17
chapter: PART 4 - ENFORCEMENT
section: 17
title: Duties of authorised officer, etc., upon seizure
content:
17. —(1) Whenever any article or document is seized and removed under section 14, 15 or 16, the authorised officer or senior authorised officer (as the case may be) must give written notice of the seizure and removal and the grounds thereof to the owner of the article or document (if known) either by delivering the notice to him or her personally or by post at his or her business or residential address, if known. (2) The notice need not be given if the seizure is made on the person or in the presence of the offender or the owner or the owner’s agent.


document_id: sgca-2002
provision_ref: s18
chapter: PART 4 - ENFORCEMENT
section: 18
title: Access to computer information
content:
18. —(1) In connection with the exercise of his or her powers under section 14, 15 or 16, an authorised officer or a senior authorised officer — ( a ) is entitled at any time to have access to, and inspect and check the operation of, any computer and any associated device, apparatus or material which is or has been in use in connection with any document to which section 14, 15 or 16 applies; and ( b ) may require — (i) the person by whom or on whose behalf the computer is or has been so used; or (ii) any person having charge of, or otherwise concerned with the operation of, the computer, device, apparatus or material, to provide the authorised officer or senior authorised officer with any reasonable assistance that he or she may require for the purposes of paragraph ( a ). (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: sgca-2002
provision_ref: s19
chapter: PART 4 - ENFORCEMENT
section: 19
title: Use of force
content:
19. If, for the purposes of the exercise of any power under section 14, 15 or 16, force is required to enter any premises or board any conveyance (whether by breaking down a door or otherwise) or gain access to anything on or in the premises or conveyance, the authorised officer or senior authorised officer may use such force as is reasonable in the circumstances.


document_id: sgca-2002
provision_ref: s20
chapter: PART 4 - ENFORCEMENT
section: 20
title: Obstruction of authorised officer or senior authorised officer
content:
20. Any person who, without lawful excuse — ( a ) refuses an authorised officer or a senior authorised officer, or a person acting in his or her assistance, access to any conveyance or premises to which the officer is entitled under this Part; ( b ) obstructs or hinders an authorised officer or a senior authorised officer, or a person acting in his or her assistance, in the execution of any power conferred upon that officer by this Part; or ( c ) refuses to provide reasonable assistance to an authorised officer or a senior authorised officer, or a person acting in his or her assistance, in the execution of any power conferred upon that officer by this Part, when required to do so by that officer or person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: sgca-2002
provision_ref: s21
chapter: PART 4 - ENFORCEMENT
section: 21
title: Power of arrest
content:
21. —(1) An authorised officer or a senior authorised officer may — ( a ) arrest without warrant any person whom he or she has reason to believe to be committing or to have committed an offence under section 5 or 6; and ( b ) search the person arrested and seize anything which he or she reasonably considers to be evidence of the commission of the offence. (2) No woman or girl may be searched except by a woman. (3) Where the authorised officer or senior authorised officer makes an arrest without warrant, he or she must, without unnecessary delay, produce the person arrested before a Magistrate. (4) The authorised officer or senior authorised officer must not detain in custody a person arrested without a warrant for a longer period than is reasonable under the circumstances of the case. (5) Such period must not exceed 48 hours, excluding the time for any necessary journey to the Magistrate’s Court.


document_id: sgca-2002
provision_ref: s22
chapter: PART 5 - PROVISIONS AS TO PROCEEDINGS
section: 22
title: Jurisdiction of courts
content:
22. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: sgca-2002
provision_ref: s23
chapter: PART 5 - PROVISIONS AS TO PROCEEDINGS
section: 23
title: Who may prosecute
content:
23. Prosecutions for offences under this Act may, with the authorisation of the Public Prosecutor, be conducted by a senior authorised officer authorised in writing by the Minister for this purpose. [15/2010]


document_id: sgca-2002
provision_ref: s24
chapter: PART 5 - PROVISIONS AS TO PROCEEDINGS
section: 24
title: Presumption
content:
24. If any goods are found in or on any conveyance, it is, until the contrary is proved, presumed in any proceedings under this Act that the goods have been transported in or on that conveyance with the knowledge of the master, pilot, captain or person having control of the conveyance, as the case may be.


document_id: sgca-2002
provision_ref: s25
chapter: PART 5 - PROVISIONS AS TO PROCEEDINGS
section: 25
title: Proportional examination of goods seized to be accepted by courts
content:
25. —(1) When any goods have been seized under section 14, 15 or 16, it is sufficient to open, examine and, if necessary, test the contents of a proportion of the goods seized that the authorised officer or senior authorised officer (as the case may be) may determine. (2) The court is to presume, unless the contrary is shown, that the goods contained in the unopened packages or receptacles are of the same nature, quantity and quality as those found in similar packages or receptacles which have been opened.


document_id: sgca-2002
provision_ref: s26
chapter: PART 5 - PROVISIONS AS TO PROCEEDINGS
section: 26
title: Protection of informers
content:
26. —(1) No witness in any proceedings for an offence under section 5 or 6 is obliged or permitted to disclose the name or address of an informer or the substance of the information received from the informer or to state any matter which might lead to the informer’s discovery. (2) If any document which is in evidence or liable to inspection in any proceedings contains any entry in which any informer is named or described or which might lead to the informer’s discovery, the court must cause the entry to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery. (3) If, during any proceedings — ( a ) the court, after full inquiry into the case, believes that the informer wilfully made in his or her complaint a material statement which he or she knew or believed to be false or did not believe to be true; or ( b ) the court is of the opinion that justice cannot be fully done between the parties to those proceedings without the discovery of the informer, it is lawful for the court to require the production of the original complaint, if in writing, and permit inquiry, and require full disclosure of the informer.


document_id: sgca-2002
provision_ref: s27
chapter: PART 5 - PROVISIONS AS TO PROCEEDINGS
section: 27
title: Forfeiture
content:
27. —(1) A court may order that anything shown to the court’s satisfaction to be the subject matter of an offence under section 5 or 6 or to have been used in the commission of such an offence must be forfeited to the Government, and either destroyed or otherwise dealt with in such manner as the court may order. (2) In particular, the court may order the thing to be dealt with as the Director‑General may see fit and in such a case the Director‑General may direct that it be destroyed or otherwise dealt with. (3) Where — ( a ) the court proposes to order any thing to be forfeited under this section; and ( b ) a person claiming to have an interest in the thing applied to be heard by the court, the court must not order the thing to be forfeited unless that person has been given an opportunity to show cause why the order should not be made. (4) The court may make an order of forfeiture even though no person has been charged with or convicted of an offence under section 5 or 6 in relation to the thing to be forfeited.


document_id: sgca-2002
provision_ref: s28
chapter: PART 5 - PROVISIONS AS TO PROCEEDINGS
section: 28
title: Cost of enforcement
content:
28. Where a person has been convicted by a court for an offence under section 5 or 6, the court may order that person to pay reasonable costs of any enforcement action taken by an authorised officer or a senior authorised officer in respect of the offence, including any cost of storage of the subject matter of the offence or anything used in the commission of the offence.


document_id: sgca-2002
provision_ref: s29
chapter: PART 5 - PROVISIONS AS TO PROCEEDINGS
section: 29
title: No damages recoverable for seizure unless made without reasonable or probable cause
content:
29. No person is, in any proceedings before any court in respect of the seizure of anything under any provision of Part 4, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of that thing or the payment of its value, unless the seizure was made without reasonable or probable cause.


document_id: sgca-2002
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS
section: 30
title: False or misleading document or information
content:
30. —(1) Any person who, in connection with an application for a permit or registration, or being required under Part 3 to give any information or document to an authorised officer or a senior authorised officer — ( a ) gives any information that is false or misleading in a material particular; or ( b ) gives any document which contains a statement or omits any matter which renders it false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. (2) In proceedings for an offence under subsection (1), it is a defence for the accused to prove that the accused has taken all reasonable steps to ascertain, and satisfy himself, herself or itself of, the truth of the matter in question.


document_id: sgca-2002
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS
section: 31
title: Composition of offences
content:
31. —(1) A senior authorised officer may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $10,000. (2) The Minister may make regulations to prescribe the offences which may be compounded.


document_id: sgca-2002
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS
section: 32
title: Corporate offenders and unincorporated associations
content:
32. —(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. (2) Where the affairs of the body corporate are managed by its members, subsection (1) is to apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved 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. (4) 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. (5) 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 or a member of the committee of the association and includes persons holding positions analogous to those of president, secretary or member of a committee; “partner” includes a person purporting to act as a partner. (6) Regulations may 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 territory outside Singapore.


document_id: sgca-2002
provision_ref: s33
chapter: PART 6 - MISCELLANEOUS
section: 33
title: Public servants
content:
33. All authorised officers and senior authorised officers are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: sgca-2002
provision_ref: s34
chapter: PART 6 - MISCELLANEOUS
section: 34
title: Protection from personal liability
content:
34. No suit or other legal proceedings shall lie personally against any authorised officer or senior authorised officer, or any person acting under his or her direction, for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.


document_id: sgca-2002
provision_ref: s35
chapter: PART 6 - MISCELLANEOUS
section: 35
title: Minister may declare whether particular goods are or technology is regulated
content:
35. —(1) The Minister may, by notification in the Gazette , declare that — ( a ) goods specified in the notification are or are not strategic goods; or ( b ) technology specified in the notification is or is not strategic goods technology. (2) In any proceedings for an offence under this Act alleged to have been committed after the publication of a notification mentioned in subsection (1) in relation to goods or technology specified in the notification, the notification is prima facie evidence of the matter stated in it.


document_id: sgca-2002
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS
section: 36
title: Exemption
content:
36. The Minister may, by regulations, exempt — ( a ) any person or class of persons; or ( b ) any activity in respect of all goods or technology, or goods or technology of a specified nature or description, from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed. 37. [ Repealed by Act 45 of 2007 ]


document_id: sgca-2002
provision_ref: s38
chapter: PART 6 - MISCELLANEOUS
section: 38
title: Regulations
content:
38. The Minister may make regulations — ( a ) to prohibit the issue of a port clearance to the master of any vessel pending compliance with any provision of the regulations; ( b ) to provide for the registration of any strategic goods to be exported, transhipped or brought in transit; ( c ) to prescribe offences in respect of the contravention of any regulations made under this section, and to prescribe fines not exceeding $10,000 that may, on conviction, be imposed in respect of any such offence; and ( d ) to prescribe anything which is required or permitted to be prescribed under this Act or is necessary or expedient to be prescribed for carrying out or giving effect to the provisions of this Act.


document_id: sgda-2007
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “goods” in the expression “secondhand goods” means any of the goods specified in the Schedule; “licence” means a licence issued under section 5; “Licensing Officer” means the Licensing Officer appointed under section 3(1) and includes an Assistant Licensing Officer; [Act 5 of 2025 wef 09/03/2025] “secondhand goods dealer” means any person who deals in secondhand goods; “shop” includes a stall, house, flat, place of business, place of storage of secondhand goods, an administrative office or any other premises from which the business of a secondhand goods dealer is being carried out, whether electronically or otherwise; “stolen property” means property, the possession of which has been transferred by theft, extortion or robbery, which has been criminally misappropriated or in respect of which criminal breach of trust or cheating has been committed, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or out of Singapore; but does not include such property which subsequently comes into the possession of a person legally entitled to the possession of the property. (2) For the purposes of this Act, a reference to a person who deals in secondhand goods includes a reference to a person in Singapore who deals in secondhand goods through the Internet. (3) Every person in whose shop secondhand goods are found apparently exposed for sale, or who is found in possession of secondhand goods of an unusual quantity, is deemed, until the contrary is proved, to be a person who deals in secondhand goods.


document_id: sgda-2007
provision_ref: s3
section: 3
title: Appointment of Licensing Officer and Assistant Licensing Officers
content:
3. —(1) The Minister may appoint — ( a ) a Licensing Officer for the purposes of this Act; and ( b ) such number of Assistant Licensing Officers as may be necessary. [Act 5 of 2025 wef 09/03/2025] (2) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: sgda-2007
provision_ref: s4
section: 4
title: Dealing in secondhand goods
content:
4. —(1) A person must not deal in secondhand goods except under and in accordance with the conditions of a licence issued under section 5. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: sgda-2007
provision_ref: s5
section: 5
title: Issuance, renewal and conditions of licence
content:
5. —(1) An application for a licence must be — ( a ) made to the Licensing Officer in such form or manner as the Licensing Officer may require; and ( b ) accompanied by — (i) such particulars, information and documents as the Licensing Officer may require; and (ii) the prescribed fee and any other prescribed charge. (2) Upon receipt of an application under subsection (1), the Licensing Officer may issue a licence to the applicant subject to such conditions as the Licensing Officer may impose. (3) The Licensing Officer may at any time add to, vary or revoke any condition of a licence imposed under subsection (2). (4) The Licensing Officer must, before adding to, varying or revoking any condition of a licence under subsection (3), give the licensee — ( a ) written notice of the Licensing Officer’s intention to do so; and ( b ) an opportunity to be heard, within such time as may be specified in the notice, as to why the condition should not be added to, varied or revoked. (5) Any person who is aggrieved by the Licensing Officer’s decision under this section may, within 14 days of being notified of the decision, appeal in writing to the Minister whose decision is final. (6) A licence may be renewed upon its expiry, and subsections (1) to (5) apply, with the necessary modifications, to an application for the renewal of a licence. (7) Any person who, in making an application for a licence — ( a ) makes any statement or provides any particulars, information or document which the person knows to be false or does not believe to be true; or ( b ) by the intentional suppression of any material fact, provides any information which is misleading, shall be guilty of an offence.


document_id: sgda-2007
provision_ref: s6
section: 6
title: Form and validity of licence
content:
6. A licence must — ( a ) be in such form as the Licensing Officer determines; ( b ) contain the conditions subject to which it is issued; and ( c ) be valid for such period as may be specified in the licence.


document_id: sgda-2007
provision_ref: s7
section: 7
title: Transfer of licence
content:
7. —(1) A person must not transfer the person’s licence to another person except with the Licensing Officer’s consent and upon payment of the prescribed fee. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: sgda-2007
provision_ref: s8
section: 8
title: Revocation or suspension of licence
content:
8. —(1) The Licensing Officer may revoke a licence or suspend a licence for such period as he or she thinks fit — ( a ) if the Licensing Officer is satisfied that the licensee — (i) has ceased to carry on the business for which the licensee has been licensed or, if the licensee being a company, has gone into liquidation or is wound up or otherwise dissolved; (ii) has improperly obtained the licence contrary to the provisions of this Act; (iii) is no longer a fit and proper person to continue to hold a licence; (iv) has been convicted of any offence involving dishonesty or, if the licensee is a company, any of its officers holding a managerial or an executive position has been convicted of any offence involving dishonesty; (v) is carrying on or has carried on the business of a secondhand goods dealer in such a manner as to render the licensee unfit to continue to hold a licence; (vi) has failed to comply with any condition of the licence; (vii) is contravening or has contravened any of the provisions of this Act; or (viii) has been convicted of any offence under this Act or, if the licensee is a company, any of its officers holding a managerial or an executive position has been convicted of any offence under this Act; or ( b ) if the Licensing Officer considers it in the public interest to do so. (2) The Licensing Officer must, before revoking or suspending any licence under subsection (1), give the licensee written notice of the Licensing Officer’s intention to do so, specifying a date, not less than 14 days after the date of the notice, upon which the revocation or suspension takes effect and calling upon the licensee to show cause to the Licensing Officer why the licence should not be revoked or suspended. (3) When the Licensing Officer has revoked or suspended a licence under subsection (1), he or she must immediately inform the licensee by notice in writing of the revocation or suspension. (4) Any person whose licence has been revoked or suspended under subsection (1) may, within 14 days of the receipt of the notice mentioned in subsection (3) or such extended period of time as the Minister may allow, appeal in writing against the revocation or suspension to the Minister whose decision is final. (5) Any revocation or suspension of a licence does not take effect until the expiration of a period of 14 days after the Licensing Officer has informed the licensee of the revocation or suspension in accordance with subsection (3), and if within that period, the licensee gives due notice that an appeal has been made to the Minister, the revocation or suspension order does not take effect unless the revocation or suspension order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister. (6) Where any licence has been suspended under subsection (1), the Licensing Officer may, at any time and subject to such conditions as he or she may think fit to impose, lift the suspension if he or she considers it appropriate to do so.


document_id: sgda-2007
provision_ref: s9
section: 9
title: Effect of revocation or suspension of licence
content:
9. —(1) Where any revocation or suspension of a licence becomes effective under section 8(5), the licensee must cease to carry on the business of a secondhand goods dealer. (2) Subsection (1) does not prejudice the enforcement by any person of any right or claim against the licensee or by the licensee of any right or claim against any person arising out of or concerning any matter or thing done prior to the revocation or suspension of the licence.


document_id: sgda-2007
provision_ref: s10
section: 10
title: Keeping proper records
content:
10. —(1) Every secondhand goods dealer must keep in the dealer’s shop — ( a ) records of the particulars of all goods bought by the dealer, including the dates of purchase, the names and addresses of the persons from whom the dealer bought the goods and such other particulars as may be prescribed; and ( b ) records of the particulars of all goods sold by the dealer, including the dates of sale, the names and addresses of the persons to whom the dealer sold the goods and any other prescribed particulars. (2) Every secondhand goods dealer must submit to the Licensing Officer the records referred to in subsection (1) at such time and in such format and through such medium (whether electronic or otherwise) as the Licensing Officer may require. (3) Every secondhand goods dealer must retain the records mentioned in subsection (1) for a period of not less than 5 years from the end of the financial year in which the transactions or operations to which those records relate are completed. (4) Every secondhand goods dealer must produce the records mentioned in subsection (1) for examination at any time on demand by any Magistrate, Justice of the Peace, the Licensing Officer or a police officer. (5) Any person who — ( a ) contravenes subsection (2), (3) or (4); or ( b ) in compliance or purported compliance with subsection (2), (3) or (4), fabricates, keeps, submits or produces to the Licensing Officer or to a Magistrate, Justice of the Peace or police officer, any record which the person knows is false or misleading, shall be guilty of an offence.


document_id: sgda-2007
provision_ref: s11
section: 11
title: Information of stolen and lost property to be given to secondhand goods dealers
content:
11. —(1) Where a police officer has received any information as to any stolen property or as to any property which has been lost, he or she may, if he or she thinks it necessary or expedient to assist in the recovery of the property, disseminate the information to all secondhand goods dealers, with lists and descriptions of the stolen or lost property. (2) If any secondhand goods dealer possesses any property fitting such lists and descriptions mentioned in subsection (1) or such property is thereafter offered to or shown to any secondhand goods dealer, the secondhand goods dealer — ( a ) must, without unnecessary delay, make a report to any police officer, with the name and address of the person in whose possession the property was seen; and ( b ) may detain the person offering or showing the secondhand goods dealer such property until the arrival of a police officer. (3) Any person who contravenes subsection (2)( a ) shall be guilty of an offence.


document_id: sgda-2007
provision_ref: s12
section: 12
title: Power to enter and search secondhand goods dealer’s shop, etc.
content:
12. —(1) Any police officer may enter the shop of any secondhand goods dealer at any time and may, without a warrant, search the shop for any property which he or she has reason to suspect to be in the shop and to be stolen property or property that has been lost. (2) Any police officer may at any time enter and search without a warrant any shop where he or she has reason to suspect that any person is dealing in secondhand goods without a licence issued under this Act. (3) For the purposes of exercising his or her powers under this section, a police officer may, with such assistance as he or she considers necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, box, container or any other thing. (4) Any police officer may seize any secondhand goods found in any shop mentioned in subsection (1) or (2).


document_id: sgda-2007
provision_ref: s13
section: 13
title: Power to arrest persons loitering suspiciously about secondhand goods dealer’s shop
content:
13. —(1) Any police officer, having reason to believe that a person in or loitering about the shop of any secondhand goods dealer under suspicious circumstances has any stolen property with him or her, may arrest that person and require that person to produce any property which that person has with him or her. (2) Where any property is produced by any person under subsection (1) and if the police officer has reason to suspect that property to be stolen property, the police officer may take the person and the property, or cause the person and property to be taken, to a police station to be dealt with according to law.


document_id: sgda-2007
provision_ref: s14
section: 14
title: Delivery to owner of property
content:
14. —(1) If any person is convicted in any court of an offence under Chapter 17 of the Penal Code 1871 in respect of any property, and it appears to the court that the property has been sold to a secondhand goods dealer, the court may, on proof of the ownership of the property and if it thinks fit, order the delivery of the property to the owner either on payment to the secondhand goods dealer of the amount of the purchase price or any part thereof, or without payment thereof or of any part thereof, as seems just and fitting to the court according to the conduct of the owner and the other circumstances of the case. (2) The court may also adjourn the proceedings for the attendance of the secondhand goods dealer and may summon the secondhand goods dealer to attend at the adjourned hearing. (3) If after hearing the secondhand goods dealer the court is satisfied that the secondhand goods dealer, before purchasing the property mentioned in subsection (1) — ( a ) ought reasonably to have known or suspected that the property was stolen property; and ( b ) did not exercise due care and diligence to ascertain that the property was not stolen property, the court may order the secondhand goods dealer to pay a financial penalty not exceeding $2,000.


document_id: sgda-2007
provision_ref: s15
section: 15
title: Offences by bodies corporate, etc.
content:
15. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: sgda-2007
provision_ref: s16
section: 16
title: Liability for offences
content:
16. —(1) Where an offence under this Act is committed by any person acting as an agent or employee of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without affecting the liability of the firstmentioned person, be liable under this Act in the same manner and to the same extent as if that other person had personally committed the offence if it is proved that the act which constituted the offence was committed with that other person’s consent or connivance or that it was attributable to any neglect on that other person’s part. (2) Where any person, being an agent of or employee employed by a secondhand goods dealer in the course of the secondhand goods dealer’s business as such, wilfully does any act or commits any omission that constitutes an offence under this Act, that person shall also be guilty of that offence and shall be liable to the fine or punishment prescribed for that offence, as if that person were the person carrying on such business as a secondhand goods dealer.


document_id: sgda-2007
provision_ref: s17
section: 17
title: Jurisdiction of court
content:
17. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: sgda-2007
provision_ref: s18
section: 18
title: General penalty
content:
18. Any person who is guilty of an offence under this Act shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: sgda-2007
provision_ref: s19
section: 19
title: Composition of offences
content:
19. —(1) The Licensing Officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $2,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Minister may make rules to prescribe the offences which may be compounded.


document_id: sgda-2007
provision_ref: s20
section: 20
title: Exemption
content:
20. —(1) The Minister may, by order in the Gazette , with or without conditions, exempt any person or class of persons from all or any of the provisions of this Act. (2) If any exemption is granted under this section with conditions, the exemption operates only if the conditions are complied with.


document_id: sgda-2007
provision_ref: s22
section: 22
title: Rules
content:
22. The Minister may make rules for any of the following purposes: ( a ) to prescribe the fees and charges payable for the purposes of this Act; ( b ) to prescribe the forms to be used for the purposes of this Act; ( c ) to prescribe the records to be kept by secondhand goods dealers and the particulars to be entered in the records; ( d ) generally to carry out the purposes of this Act.


document_id: sgqa-1970
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act — “granite quarry” means any land from which granite blocks, gravel, stones and overburden are extracted by blasting, sorting, breaking, loading and transporting, whether the processes are executed by manual labour or mechanical means; “licence” means a licence granted under section 5; “licensee” means any person to whom a licence to use or manage any land for the purposes of a sand or granite quarry has been granted under section 5; “Licensing Officer” means the officer appointed by the Minister under section 3(1); [Act 5 of 2025 wef 09/03/2025] “sand quarry” means any land on which persons are employed in manual labour in any process for or incidental to the getting, dressing or preparation for the sale or otherwise of sand, gravel or earth.


document_id: sgqa-1970
provision_ref: s3
section: 3
title: Appointment of Licensing Officer
content:
3. —(1) The Minister may appoint an officer to be the Licensing Officer for the purposes of this Act. [Act 5 of 2025 wef 09/03/2025] (2) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: sgqa-1970
provision_ref: s4
section: 4
title: Prohibition on quarrying without licence
content:
4. —(1) No person shall, on or after 15 December 1971, use or manage any land for the purposes of a sand or granite quarry without a licence from the Licensing Officer authorising him to do so. (2) Any person who uses or manages any land for the purposes of a sand or granite quarry without a licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a fine not exceeding $100 for every day or part thereof during which the offence continues after conviction. (3) In any prosecution for an offence under this section — ( a ) the existence in or on any land of any apparatus or accessories for the getting, dressing or preparation for the sale or otherwise of sand shall be prima facie evidence that the person owning or having the control of such apparatus or accessories has been using or managing the land for the purposes of a sand quarry; and ( b ) the existence in or on any land of any mechanical equipment or other like thing used for the purpose of extracting granite blocks, gravel, stones and overburden by blasting, sorting, breaking, loading and transporting shall be prima facie evidence that the person owning or having the control of that mechanical equipment or other like thing has been using or managing the land for the purposes of a granite quarry.


document_id: sgqa-1970
provision_ref: s5
section: 5
title: Licences to be discretionary
content:
5. —(1) The Licensing Officer may at his discretion grant, renew or refuse any licence in pursuance of this Act or any regulations made thereunder. (2) Licences in pursuance of this Act or any regulations made thereunder may be granted, renewed or refused without any reason for such grant, renewal or refusal being assigned therefor and may be granted or renewed subject to such restrictions and conditions as the Licensing Officer may think fit and shall be subject to suspension or revocation at any time without compensation and without notice by the Licensing Officer upon breach of any restriction or condition subject to which it was granted. (3) The Licensing Officer may require any applicant for a licence to furnish such information as the Licensing Officer may reasonably require for a full and proper consideration of the application and, in the event of refusal to furnish such information, shall refuse to grant or renew the licence. (4) Except as otherwise expressly provided in the licence, any licence granted or renewed in pursuance of this Act or any regulations made thereunder may be for such period not exceeding 12 months as the Licensing Officer thinks fit. (5) There shall be charged for the grant or renewal of any licence such fee as the Minister may, from time to time by regulations, prescribe. (6) No such licence shall be transferable without the consent of the Licensing Officer. (7) No licence for carrying on any granite quarry shall be granted unless the applicant for the licence deposits with the Licensing Officer a certified site plan from the Chief Surveyor indicating the location of the granite quarry. (8) Any person aggrieved by the refusal by the Licensing Officer to grant or renew any licence or by the suspension or revocation by the Licensing Officer of any licence may within one month of the refusal, suspension or revocation appeal to the Minister whose decision shall be final.


document_id: sgqa-1970
provision_ref: s6
section: 6
title: Security for due performance of obligations of licensees
content:
6. The Licensing Officer may, as a condition of the grant of a licence in respect of any sand or granite quarry, require such security as he thinks fit to be deposited with the Licensing Officer for the due performance by the licensee of all or any obligations imposed upon him by the licence or by this Act or any regulations made thereunder.


document_id: sgqa-1970
provision_ref: s7
section: 7
title: Power to execute works
content:
7. —(1) If a licensee fails to execute any work or works which he is required by his licence or by this Act or any regulations made thereunder to execute for the purpose of preventing any nuisance or danger to life or property, the Licensing Officer may, by notice in writing, require him to execute the work or works within such time as may be specified in the notice. (2) If the licensee fails to comply with the requirements of such notice, the Licensing Officer may, at any time after the expiration of the time specified in the notice and without instituting any proceedings against the licensee, cause the work or works to be executed and the expenses incurred thereby shall be paid by the licensee and may be recovered by the Licensing Officer — ( a ) by deducting the amount due from any sum deposited by the licensee as security under section 6; or ( b ) in the manner provided in section 22.


document_id: sgqa-1970
provision_ref: s8
section: 8
title: Conditions under which licences may be granted
content:
8. No licence shall be granted unless the Licensing Officer is satisfied that the use of the premises as a sand or granite quarry will be unlikely — ( a ) to cause any nuisance or damage to occupants of adjoining or neighbouring land or buildings; ( b ) to cause depreciation in the value or amenity of adjoining or neighbouring land or buildings; or ( c ) to be dangerous to health, life or property.


document_id: sgqa-1970
provision_ref: s9
section: 9
title: Interference with bank of any river, stream or watercourse
content:
9. —(1) Any licensee who in the course of sand and granite quarrying operations interferes in any way with the bank of any river, stream or watercourse may be required by the Licensing Officer, by notice in writing, to restore the bank to the same condition as it was in before the interference or to remake it in such manner and within such time as may be specified in the notice. (2) Any licensee who fails to comply with the requirements of such a notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a fine not exceeding $50 for every day or part thereof during which the offence continues after conviction. (3) The Licensing Officer may, at any time after the expiration of the time specified in such notice and without instituting any proceedings against the licensee, cause the works specified in the notice to be executed and the expenses thereby incurred shall be paid by the licensee in default and may be recovered by the Licensing Officer — ( a ) by deducting the amount due from any sum deposited by the licensee as security under section 6; or ( b ) in the manner provided in section 22.


document_id: sgqa-1970
provision_ref: s10
section: 10
title: Effluent water to be free from mud
content:
10. —(1) Every licensee shall only use fresh water in connection with his sand quarrying operations and shall make such provision or take such steps as will ensure that all the water, before it leaves the sand quarrying area on which it has been so used, is freed from any mud, sand, silt or any other refuse of the sand quarry which is likely to interfere with the natural flow of water in any river, stream, channel or watercourse. (2) The Licensing Officer may, by notice in writing, require any licensee to provide such spillways, retaining walls, brush dams, settling pits and other mechanical appliances or devices as the Licensing Officer may consider necessary for effectual compliance with subsection (1) and may also order the licensee to suspend his sand quarrying operations until such provision has been made. (3) The compliance of the licensee with a notice or order made under subsection (2) shall not affect any liability incurred by any licensee through breach of subsection (1).


document_id: sgqa-1970
provision_ref: s11
section: 11
title: Disposal of waste matter
content:
11. —(1) The Licensing Officer may give such directions in writing as he may consider necessary for the disposal of all earth, sludge, dirt, sand, silt or other waste matter from any sand or granite quarry. (2) The Licensing Officer may, by notice in writing, require any licensee to take such precautions and to construct and maintain such drains, spillways, channels and other works as may in his opinion be necessary to ensure that earth, sludge, dirt, sand, silt or other waste matter from any sand or granite quarry will not be carried or washed away by storm water or by fresh water used for the purpose of working the sand or granite quarry to any place not being a place where the same may lawfully be deposited.


document_id: sgqa-1970
provision_ref: s12
section: 12
title: Excavation by direct action of water
content:
12. No licensee shall without the written permission of the Licensing Officer use any method of removing or excavating sand by the direct action of fresh water.


document_id: sgqa-1970
provision_ref: s13
section: 13
title: Safety measures
content:
13. —(1) The licensee of any sand or granite quarry shall — ( a ) in the case of a sand quarry in which any open pit exits, erect and thereafter maintain such fencing and take such other precautions as may be necessary in the opinion of the Licensing Officer to prevent the occurrence of any danger or damage to life or property; and ( b ) in the case of a granite quarry — (i) provide such number of guards, watchmen, warning lamps and red flags at such places and times as the Licensing Officer thinks fit; (ii) not permit any deposit, material, machinery or any other object or thing to be scattered, dumped, placed or stationed at any place so as to hinder or obstruct access to and egress from the land adjoining or abutting any such quarry; and (iii) maintain the roads leading to any such quarry and crusher plant up to a standard approved by the Licensing Officer. (2) The Licensing Officer may give a licensee such directions as he thinks fit as to the method of quarrying and the suspension or prohibition of granite quarrying operations including blasting to ensure safety to persons or property.


document_id: sgqa-1970
provision_ref: s14
section: 14
title: Fencing of sand and granite quarries
content:
14. Where any disused sand or granite quarry is dangerous to the public, it shall be kept reasonably fenced for the prevention of accidents, and if it is not so kept, the licensee of the sand or granite quarry or if there is no such licensee the owner of the land in which the sand or granite quarry lies shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.


document_id: sgqa-1970
provision_ref: s15
section: 15
title: Power to enter upon premises for purposes of Act
content:
15. The Licensing Officer or any officer or employee duly authorised by the Licensing Officer in writing in that behalf may enter any premises which are used or which the officer or employee has reasonable cause to believe are to be used as a sand or granite quarry for the purpose of making any survey or inspection or of executing any work authorised by this Act to be executed by him without being liable to any legal proceedings or molestation whatsoever on account of such entry or of anything done in any part of those premises in pursuance of this Act.


document_id: sgqa-1970
provision_ref: s16
section: 16
title: Penalty for obstructing officer in his duty
content:
16. Any person who at any time hinders, obstructs or molests the Licensing Officer or any officer or employee authorised by the Licensing Officer in writing in that behalf in the performance and execution of his duty or of anything which he is empowered or required to do by virtue or in consequence of this Act, or removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year.


document_id: sgqa-1970
provision_ref: s17
section: 17
title: Default in compliance with notice, etc.
content:
17. —(1) When any notice, order or direction under this Act or any regulations made thereunder requires any act to be done or work to be executed by the owner or licensee of any sand or granite quarry and default is made in complying with the requirement of that notice, order or direction, as the case may be, the person in default shall, where no fine is specially provided for such default, be liable on conviction to a fine not exceeding $1,000. (2) When any such notice requires any act to be done or work to be executed for which no time is fixed by this Act or any regulations made thereunder, the notice shall state a reasonable time for compliance with the requirement.


document_id: sgqa-1970
provision_ref: s18
section: 18
title: Penalty for offences not otherwise provided for
content:
18. Every omission or neglect to comply with and every act done or attempted to be done contrary to the provisions of this Act or any breach of the conditions or restrictions subject to which or upon which any licence is granted under this Act shall be an offence under this Act and in respect of any such offence for which no penalty is expressly provided the offender shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.


document_id: sgqa-1970
provision_ref: s19
section: 19
title: Attempts and abetments
content:
19. Any person who attempts to commit any offence punishable under this Act or abets the commission of such an offence shall be punished with the punishment provided for that offence.


document_id: sgqa-1970
provision_ref: s20
section: 20
title: Liability of licensee for act of agent or servant
content:
20. —(1) Whenever a licensee would be liable under the provisions of this Act or of any regulations made thereunder to any pecuniary penalty or forfeiture for any act, omission, neglect or default, he shall be liable to the same pecuniary penalty or forfeiture for every similar act, omission, neglect or default of any agent or servant employed by him in the course of his business as such licensee. (2) Every person who appears to be employed in any sand or granite quarry licensed under this Act shall, for the purposes of this section, be deemed to be a servant of the licensee thereof. (3) Nothing in this section shall be construed as relieving any such agent or servant from any penalty or forfeiture to which he would otherwise be liable.


document_id: sgqa-1970
provision_ref: s21
section: 21
title: Saving of prosecutions under other laws
content:
21. Nothing in this Act shall prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act or any regulations made thereunder or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or regulations made thereunder: Provided that no person shall be punished twice for the same offence.


document_id: sgqa-1970
provision_ref: s22
section: 22
title: Costs and expenses to be determined by Magistrate’s Court
content:
22. —(1) Except as herein otherwise provided, in all cases where costs or expenses are by this Act directed to be paid, the amount and any question of liability shall, in the case of dispute or failure to pay, be summarily ascertained and determined by a Magistrate’s Court. (2) If the amount of costs or expenses is not paid by the person liable to pay it within 7 days after demand, the amount may be reported to a Magistrate’s Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court. (3) An appeal shall lie to the General Division of the High Court from any decision of a Magistrate’s Court under this section, and the provisions of the Criminal Procedure Code 2010 shall, mutatis mutandis, apply to all such appeals. [40/2019]


document_id: sgqa-1970
provision_ref: s23
section: 23
title: Exemption
content:
23. The Minister may by order exempt any sand or granite quarry from all or any of the provisions of this Act.


document_id: sgqa-1970
provision_ref: s24
section: 24
title: Regulations
content:
24. —(1) The Minister may make such regulations as he may consider expedient for the purposes of this Act. (2) All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.


document_id: sgunca-1995
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, “Convention” means the United Nations Convention on Contracts for the International Sale of Goods adopted at Vienna, Austria, on 10 April 1980 and opened for signature and accession on 11 April 1980, the English text of which is set out in the Schedule.


document_id: sgunca-1995
provision_ref: s3
section: 3
title: Convention to have force of law
content:
3. —(1) Subject to subsection (2), the provisions of the Convention have the force of law in Singapore. (2) Sub-paragraph (1)( b ) of Article 1 of the Convention does not have the force of law in Singapore and accordingly the Convention will apply to contracts of sale of goods only between those parties whose places of business are in different States when the States are Contracting States. (3) The Minister may by order delete subsection (2) if the reservation made pursuant to Article 95 of the Convention is withdrawn except that sub-paragraph (1)( b ) of Article 1 of the Convention does not apply to and does not have the force of law in relation to any proposal for concluding the contract made or any contract concluded before the date on which the withdrawal of the reservation takes effect under Article 97(4) of the Convention.


document_id: sgunca-1995
provision_ref: s4
section: 4
title: Convention to prevail in event of inconsistency
content:
4. The provisions of the Convention prevail over any other law in force in Singapore to the extent of any inconsistency.


document_id: sgunca-1995
provision_ref: s5
section: 5
title: Convention countries
content:
5. —(1) A notification made by the Minister and published in the Gazette — ( a ) declaring that the Convention has entered or will enter into force, with effect from a specified date, in respect of a specified country; ( b ) declaring that a specified country has made a declaration under Part IV of the Convention and specifying details of that declaration, including the date the declaration took or will take effect; or ( c ) declaring that a specified country has denounced the Convention or Part II or III of the Convention and specifying the date the denunciation took or will take effect, is evidence of the facts contained in the notification. (2) For the purposes of this Act, a certificate signed by the Minister stating any of the facts referred to in subsection (1) in relation to a State specified in the certificate is, upon mere production, evidence of that fact.


document_id: sho-1904
provision_ref: s2
section: 2
title: Administration of land by Collector of Land Revenue
content:
2. The said land situate in Kampong Glam, having reverted to the State, shall be administered by the Collector of Land Revenue in the same manner as other State lands.


document_id: sho-1904
provision_ref: s3
section: 3
title: New scheme for payment of annuity or commuted gratuity to family of late Sultan Hussain
content:
3. —(1) The Minister may by regulations provide for the establishment of a scheme for the payment of an annuity to the family of the late Sultan Hussain a sum of $350,000 for a period of 30 years from 1 March 2000. (2) The annuity under the scheme established under subsection (1) shall be paid only to members of the family of the late Sultan Hussain who before 4 May 1999 were receiving an annuity under the Ordinance. (3) Regulations made under this section may provide for — ( a ) the determination of the proportions of the annuity under the scheme to be paid to persons to whom the annuity is payable; ( b ) the exercise of an option by a person to whom an annuity is payable under the scheme to be paid a commuted gratuity in lieu of the annuity; ( c ) the payment of a commuted gratuity to the estate of a person to whom annuity is payable under the scheme upon his death; and ( d ) generally giving effect to or for carrying out the purposes of this section.


document_id: sho-1904
provision_ref: s4
section: 4
title: Payments under Ordinance not to be assignable
content:
4. The sums payable to the family of the late Sultan Hussain under this Ordinance shall not be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim.


document_id: sia-1979
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and application
content:
1. —(1) This Act is the State Immunity Act 1979. (2) Subject to subsection (3), Part 2 does not apply to proceedings in respect of matters that occurred before 26 October 1979 and, in particular — ( a ) sections 4(2) and 15(3) do not apply to any prior agreement; and ( b ) sections 5, 6 and 11 do not apply to any transaction, contract or arbitration agreement, entered into before that date. (3) Section 14 applies to any proceedings instituted after 26 October 1979.


document_id: sia-1979
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act — “commercial purposes” means purposes of any transactions or activities that are mentioned in section 5(3); “court” includes any tribunal or body exercising judicial functions; “ship” includes a hovercraft. (2) In this Act — ( a ) references to an agreement in sections 4(2) and 15(3) include references to a treaty, convention or other international agreement; and ( b ) references to filing and service of a notice of intention to contest or not contest (formerly known as entry of appearance) and judgments in default of a notice of intention to contest or not contest (formerly known as judgments in default of appearance) include references to any corresponding procedures. [Act 25 of 2021 wef 01/04/2022]


document_id: sia-1979
provision_ref: s3
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 3
title: General immunity from jurisdiction
content:
3. —(1) A State is immune from the jurisdiction of the courts of Singapore except as provided in the following provisions of this Part. (2) A court is to give effect to the immunity conferred by this section even though the State does not file and serve a notice of intention to contest or not contest in the proceedings in question. [Act 25 of 2021 wef 01/04/2022] Exceptions from immunity


document_id: sia-1979
provision_ref: s4
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 4
title: Submission to jurisdiction
content:
4. —(1) A State is not immune as respects proceedings in respect of which it has submitted to the jurisdiction of the courts of Singapore. (2) A State may submit after the dispute giving rise to the proceedings has arisen or by a prior written agreement; but a provision in any agreement that it is to be governed by the law of Singapore is not to be regarded as a submission. (3) A State is deemed to have submitted — ( a ) if it has instituted the proceedings; or ( b ) subject to subsections (4) and (5), if it has intervened or taken any step in the proceedings. (4) Subsection (3)( b ) does not apply to intervention or any step taken for the purpose only of — ( a ) claiming immunity; or ( b ) asserting an interest in property in circumstances such that the State would have been entitled to immunity if the proceedings had been brought against it. (5) Subsection (3)( b ) does not apply to any step taken by the State in ignorance of facts entitling it to immunity if those facts could not reasonably have been ascertained and immunity is claimed as soon as reasonably practicable. (6) A submission in respect of any proceedings extends to any appeal but not to any counterclaim unless it arises out of the same legal relationship or facts as the claim. (7) The head of a State’s diplomatic mission in Singapore, or the person for the time being performing his or her functions, is deemed to have authority to submit on behalf of the State in respect of any proceedings; and any person who has entered into a contract on behalf of and with the authority of a State is deemed to have authority to submit on its behalf in respect of proceedings arising out of the contract.


document_id: sia-1979
provision_ref: s5
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 5
title: Commercial transactions and contracts to be performed in Singapore
content:
5. —(1) A State is not immune as respects proceedings relating to — ( a ) a commercial transaction entered into by the State; or ( b ) an obligation of the State which by virtue of a contract (whether a commercial transaction or not) falls to be performed wholly or partly in Singapore, but this subsection does not apply to a contract of employment between a State and an individual. (2) This section does not apply if the parties to the dispute are States or have otherwise agreed in writing; and subsection (1)( b ) does not apply if the contract (not being a commercial transaction) was made in the territory of the State concerned and the obligation in question is governed by its administrative law. (3) In this section, “commercial transaction” means — ( a ) any contract for the supply of goods or services; ( b ) any loan or other transaction for the provision of finance and any guarantee or indemnity in respect of any such transaction or of any other financial obligation; and ( c ) any other transaction or activity (whether of a commercial, industrial, financial, professional or other similar character) into which a State enters or in which it engages otherwise than in the exercise of sovereign authority.


document_id: sia-1979
provision_ref: s6
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 6
title: Contracts of employment
content:
6. —(1) A State is not immune as respects proceedings relating to a contract of employment between the State and an individual where the contract was made in Singapore or the work is to be wholly or partly performed in Singapore. (2) Subject to subsections (3) and (4), this section does not apply if — ( a ) at the time when the proceedings are brought the individual is a national of the State concerned; ( b ) at the time when the contract was made the individual was neither a citizen of Singapore nor habitually resident in Singapore; or ( c ) the parties to the contract have otherwise agreed in writing. (3) Where the work is for an office, agency or establishment maintained by the State in Singapore for commercial purposes, subsection (2)( a ) and ( b ) does not exclude the application of this section unless the individual was, at the time when the contract was made, habitually resident in that State. (4) Subsection (2)( c ) does not exclude the application of this section where the law of Singapore requires the proceedings to be brought before a court in Singapore. (5) In this section, “proceedings relating to a contract of employment” includes proceedings between the parties to such a contract in respect of any statutory rights or duties to which they are entitled or subject as employer or employee.


document_id: sia-1979
provision_ref: s7
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 7
title: Personal injuries and damage to property
content:
7. A State is not immune as respects proceedings in respect of — ( a ) death or personal injury; or ( b ) damage to or loss of tangible property, caused by an act or omission in Singapore.


document_id: sia-1979
provision_ref: s8
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 8
title: Ownership, possession and use of property
content:
8. —(1) A State is not immune as respects proceedings relating to — ( a ) any interest of the State in, or its possession or use of, immovable property in Singapore; or ( b ) any obligation of the State arising out of its interest in, or its possession or use of, any such property. (2) A State is not immune as respects proceedings relating to any interest of the State in movable or immovable property, being an interest arising by way of succession, gift or bona vacantia. (3) The fact that a State has or claims an interest in any property does not preclude any court from exercising in respect of it any jurisdiction relating to the estates of deceased persons or mentally disordered persons or to insolvency, the winding up of companies or the administration of trusts. (4) A court may entertain proceedings against a person other than a State even though the proceedings relate to property — ( a ) which is in the possession or control of a State; or ( b ) in which a State claims an interest, if the State would not have been immune had the proceedings been brought against it or, in a case within paragraph ( b ), if the claim is neither admitted nor supported by prima facie evidence.


document_id: sia-1979
provision_ref: s9
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 9
title: Patents, trade marks, etc.
content:
9. A State is not immune as respects proceedings relating to — ( a ) any patent, trade mark or design belonging to the State and registered or protected in Singapore or for which the State has applied in Singapore; ( b ) an alleged infringement by the State in Singapore of any patent, trade mark, design or copyright; or ( c ) the right to use a trade or business name in Singapore.


document_id: sia-1979
provision_ref: s10
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 10
title: Membership of bodies corporate, etc.
content:
10. —(1) A State is not immune as respects proceedings relating to its membership of a body corporate, an unincorporated body or a partnership which — ( a ) has members other than States; and ( b ) is incorporated or constituted under the law of Singapore or is controlled from or has its principal place of business in Singapore, being proceedings arising between the State and the body or its other members or (as the case may be) between the State and the other partners. (2) This section does not apply if provision to the contrary has been made by an agreement in writing between the parties to the dispute or by the constitution or other instrument establishing or regulating the body or partnership in question.


document_id: sia-1979
provision_ref: s11
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 11
title: Arbitrations
content:
11. —(1) Where a State has agreed in writing to submit a dispute which has arisen, or may arise, to arbitration, the State is not immune as respects proceedings in the courts in Singapore which relate to the arbitration. (2) This section has effect subject to any contrary provision in the arbitration agreement and does not apply to any arbitration agreement between States.


document_id: sia-1979
provision_ref: s12
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 12
title: Ships used for commercial purposes
content:
12. —(1) This section applies to — ( a ) Admiralty proceedings; and ( b ) proceedings on any claim which could be made the subject of Admiralty proceedings. (2) A State is not immune as respects — ( a ) an action in rem against a ship belonging to that State; or ( b ) an action in personam for enforcing a claim in connection with such a ship, if, at the time when the cause of action arose, the ship was in use or intended for use for commercial purposes. (3) Where an action in rem is brought against a ship belonging to a State for enforcing a claim in connection with another ship belonging to that State, subsection (2)( a ) does not apply as respects the firstmentioned ship unless, at the time when the cause of action relating to the other ship arose, both ships were in use or intended for use for commercial purposes. (4) A State is not immune as respects — ( a ) an action in rem against a cargo belonging to that State if both the cargo and the ship carrying it were, at the time when the cause of action arose, in use or intended for use for commercial purposes; or ( b ) an action in personam for enforcing a claim in connection with such a cargo if the ship carrying it was then in use or intended for use for commercial purposes. (5) In subsections (2), (3) and (4), references to a ship or cargo belonging to a State include references to a ship or cargo in its possession or control or in which it claims an interest; and, subject to subsection (4), subsection (2) applies to property other than a ship as it applies to a ship.


document_id: sia-1979
provision_ref: s13
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 13
title: Customs duties, etc.
content:
13. A State is not immune as respects proceedings relating to its liability for — ( a ) any customs duty or excise duty; ( b ) any goods and services tax; or ( c ) any tax in respect of premises occupied by it for commercial purposes. Procedure


document_id: sia-1979
provision_ref: s14
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 14
title: Service of process and judgments in default of notice of intention to contest or not contest
content:
14. —(1) Any writ or other document required to be served for instituting proceedings against a State must be served by being transmitted through the Ministry of Foreign Affairs, Singapore, to the ministry of foreign affairs of that State, and service is deemed to have been effected when the writ or document is received at that ministry. (2) Any time for filing and serving a notice of intention to contest or not contest (whether prescribed by Rules of Court or otherwise) begins to run 2 months after the date on which the writ or document is so received. [Act 25 of 2021 wef 01/04/2022] (3) A State which files and serves a notice of intention to contest or not contest in proceedings cannot thereafter object that subsection (1) has not been complied with in the case of those proceedings. [Act 25 of 2021 wef 01/04/2022] (4) No judgment in default of a notice of intention to contest or not contest may be given against a State except on proof that subsection (1) has been complied with and that the time for filing and serving a notice of intention to contest or not contest as extended by subsection (2) has expired. [Act 25 of 2021 wef 01/04/2022] (5) A copy of any judgment given against a State in default of a notice of intention to contest or not contest must be transmitted through the Ministry of Foreign Affairs, Singapore, to the ministry of foreign affairs of that State and any time for applying to have the judgment set aside (whether prescribed by Rules of Court or otherwise) begins to run 2 months after the date on which the copy of the judgment is received at that ministry. [Act 25 of 2021 wef 01/04/2022] (6) Subsection (1) does not prevent the service of a writ or other document in any manner to which the State has agreed and subsections (2) and (4) do not apply where service is effected in that manner. (7) This section is not to be construed as applying to proceedings against a State by way of counterclaim or to an action in rem; and subsection (1) is not to be construed as affecting any Rules of Court whereby permission is required for the service of process outside the jurisdiction. [Act 25 of 2021 wef 01/04/2022]


document_id: sia-1979
provision_ref: s15
chapter: PART 2 - PROCEEDINGS IN SINGAPORE BY OR AGAINST
section: 15
title: Other procedural privileges
content:
15. —(1) No penalty by way of committal or fine shall be imposed in respect of any failure or refusal by or on behalf of a State to disclose or produce any document or other information for the purposes of proceedings to which it is a party. (2) Subject to subsections (3) and (4) — ( a ) relief must not be given against a State by way of injunction or order for specific performance or for the recovery of land or other property; and ( b ) the property of a State must not be subject to any process for the enforcement of a judgment or an arbitration award or, in an action in rem, for its arrest, detention or sale. (3) Subsection (2) does not prevent the giving of any relief or the issue of any process with the written consent of the State concerned; and that consent (which may be contained in a prior agreement) may be expressed so as to apply to a limited extent or generally; but a provision merely submitting to the jurisdiction of the courts is not to be regarded as a consent for the purposes of this subsection. (4) Subsection (2)( b ) does not prevent the issue of any process in respect of property which is for the time being in use or intended for use for commercial purposes. (5) The head of a State’s diplomatic mission in Singapore, or the person for the time being performing his or her functions, is deemed to have authority to give on behalf of the State the consent mentioned in subsection (3) and, for the purposes of subsection (4), his or her certificate to the effect that any property is not in use or intended for use by or on behalf of the State for commercial purposes must be accepted as sufficient evidence of that fact unless the contrary is proved.


document_id: sia-1979
provision_ref: s16
chapter: PART 3 - SUPPLEMENTARY PROVISIONS
section: 16
title: States entitled to immunities and privileges
content:
16. —(1) The immunities and privileges conferred by Part 2 apply to any foreign or Commonwealth State other than Singapore; and references to a State include references to — ( a ) the sovereign or other head of that State in his or her public capacity; ( b ) the government of that State; and ( c ) any department of that government, but not to any entity (called in this section a separate entity) which is distinct from the executive organs of the government of the State and capable of suing or being sued. (2) A separate entity is immune from the jurisdiction of the courts in Singapore if, and only if — ( a ) the proceedings relate to anything done by it in the exercise of sovereign authority; and ( b ) the circumstances are such that a State would have been so immune. (3) If a separate entity (not being a State’s central bank or other monetary authority) submits to the jurisdiction in respect of proceedings in the case of which it is entitled to immunity by virtue of subsection (2), section 15(1) to (4) applies to it in respect of those proceedings as if references to a State were references to the separate entity. (4) Property of a State’s central bank or other monetary authority is not to be regarded for the purposes of section 15(4) as in use or intended for use for commercial purposes; and where the bank or authority is a separate entity, section 15(1), (2) and (3) applies to it as if references to a State were references to the bank or authority. (5) Section 14 applies to proceedings against the constituent territories of a federal State; and the President may by order provide for the other provisions of this Part to apply to any such constituent territory specified in the order as they apply to a State. (6) Where the provisions of Part 2 do not apply to a constituent territory by virtue of any such order, subsections (2) and (3) apply to it as if it were a separate entity.


document_id: sia-1979
provision_ref: s17
chapter: PART 3 - SUPPLEMENTARY PROVISIONS
section: 17
title: Restriction and extension of immunities and privileges
content:
17. If it appears to the President that the immunities and privileges conferred by Part 2 in relation to any State — ( a ) exceed those accorded by the law of that State in relation to Singapore; or ( b ) are less than those required by any treaty, convention or other international agreement to which that State and Singapore are parties, the President may, by order, provide for restricting or (as the case may be) extending those immunities and privileges to such extent as appears to the President to be appropriate.


document_id: sia-1979
provision_ref: s18
chapter: PART 3 - SUPPLEMENTARY PROVISIONS
section: 18
title: Evidence by certificate
content:
18. A certificate by or on behalf of the Minister for Foreign Affairs is conclusive evidence on any question — ( a ) whether any country is a State for the purposes of Part 2, whether any territory is a constituent territory of a federal State for those purposes or as to the person or persons to be regarded for those purposes as the head or government of a State; and ( b ) whether, and if so when, a document has been served or received as mentioned in section 14(1) or (5).


document_id: sia-1979
provision_ref: s19
chapter: PART 3 - SUPPLEMENTARY PROVISIONS
section: 19
title: Excluded matters
content:
19. —(1) Part 2 does not affect any immunity or privilege applicable in Singapore to diplomatic and consular agents, and section 8(1) does not apply to proceedings concerning a State’s title to or its possession of property used for the purposes of a diplomatic mission. (2) Part 2 does not apply to — ( a ) proceedings relating to anything done by or in relation to the armed forces of a State while present in Singapore and, in particular, has effect subject to the Visiting Forces Act 1960; ( b ) criminal proceedings; and ( c ) proceedings relating to taxation other than those mentioned in section 13.


document_id: sigla-2021
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “book‑entry security” means any security issued under this Act in the form of an entry on the records of the MAS and which is transferable by way of book‑entry in the register maintained by the MAS, and not by way of an instrument of transfer; “depositary institution” means a financial institution approved by the MAS which regularly — ( a ) accepts in the course of its business book‑entry securities by way of a custodial service for its customers; and ( b ) maintains accounts in the names of its customers reflecting ownership or interest in such book‑entry securities; “depositor” means any person in whose name an account is established and maintained on the records of the MAS; “Development Fund” means the Development Fund constituted under the Development Fund Act 1959; “face value”, for any security issued under this Act, means its face value at the time the security was issued; “MAS” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act 1970; “maturity date”, for any security issued under this Act, means the date — ( a ) specified, in accordance with the Regulations relating to the issue of that security, as the date on which the security is redeemable at par; or ( b ) specified by the Minister in the terms of the issue as the date on which the security is redeemable at par where the Regulations do not apply to that issue; “nationally significant infrastructure” means any structure or building in Singapore (whether above or below ground or water) that — ( a ) is or is intended to be controlled and legally owned by the Government; ( b ) is or is intended primarily for any of the following purposes or a combination of any of the following purposes: (i) the transport by road or rail, air, sea or inland waterway of passengers or goods or both; Examples Roads, paths, railways, tunnels and bridges for roads or railways in Singapore that are used by the public for the movement or transport of people or goods. A runway or taxiway, or a parking apron for loading and unloading of aircraft passengers or cargo. A building wholly or principally for use as a passenger terminal or cargo terminal for transport by land or air. A wharf or dock in Singapore used by the public to facilitate the carriage or transfer of cargo or passengers travelling by sea or river. (ii) the collection, treatment and disposal of sewage or the supply or recovery and treatment of water; (iii) the alleviation of floods; (iv) the protection, conservation, rehabilitation and management of the coastal zone to mitigate current and future risks from coastal hazards, taking into account the effects of climate change; Example Seawall, revetment, groyne, weir or dyke, drains or other channels for the interaction of tidal waters with catchment floodwaters, breakwaters, flood gates, barrages and coastal pumping stations. (v) the generation, transmission or distribution of electricity, gas or other energy or power; Examples Power stations, substations, transmission lines and transformers for electricity generation, transmission or distribution. Pipelines used to transport gases which liquefy under pressure (such as natural gas, ethane and LPG) from a gas processing plant. (vi) the delivery of telecommunications, broadcasting, electronic and other data communications services; (vii) any other purpose (which may include a supply chain or an interconnected network) in which initial or further investment is vital to supporting, or is likely to materially improve, national productivity or Singapore’s economic, environmental or social sustainability; and ( c ) is or is intended principally for use by (whether or not free) or for the benefit of the present and future generations of the general public in Singapore; “nationally significant infrastructure expenditure” has the meaning given by section 11; “pledge” includes a pledge of, or any interest which secures the payment of a debt or performance of an obligation (but not arising from a trust) in, any book‑entry security — ( a ) as collateral for loans or advances; or ( b ) to secure deposits of public moneys or the performance of an obligation; “primary dealer” means a person approved under Part 7A of the Government Securities Act 1992 to be a primary dealer; “public authority” means a body or an office that is established or constituted by or under a public Act to perform or discharge a public function, and includes a Town Council; “Regulations” means regulations made under this Act; “related facility”, for any nationally significant infrastructure, means a structure or building, fitting, fixture, plant, computer or other system adjoining to or forming part of another structure or building in Singapore, without which the other structure or building — ( a ) will not have or have left, or cannot reasonably be expected to have or have left, a useful life of at least 50 years; ( b ) cannot reasonably operate for its intended purpose or purposes, being a purpose described in paragraph ( b ) of the definition of “nationally significant infrastructure”; or ( c ) otherwise ceases to be a nationally significant infrastructure, regardless of the useful life of the related facility itself, but does not include any train, vehicle or vessel; Examples Gratings, float, boom, gauge, tidegate, sump, pumping station, pumps and associated pipe work, maintenance access, and debris interception and removal facility related to the functioning of a storm water drainage system are related facilities for a nationally significant infrastructure for the alleviation of floods. Aviation fuel pipelines and water and sprinkler facilities relating to normal airport safety requirements, and specific purpose equipment used for unloading cargo or passengers at the airport such as airbridges and mobile air‑stairs are related facilities for a nationally significant infrastructure for air transport. Rolling stock, locomotives, aircraft and barges are not related facilities for a nationally significant infrastructure for transport. “security” includes stock, bonds, notes, certificates, bills and similar instruments; “useful life”, for any thing, means the period that the thing is or is expected to be available and in a condition for use for the purpose which the thing is designed for.


document_id: sigla-2021
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purpose of Act
content:
3. The purpose of this Act is to enable financing by borrowing to meet the Government’s commitment to Singapore’s future by investing in nationally significant infrastructure and their related facilities in which initial or further investment is vital to supporting or is likely to materially improve national productivity or Singapore’s economic, environmental or social sustainability.


document_id: sigla-2021
provision_ref: s4
chapter: PART 2 - AUTHORISATION AND APPLICATION OF LOAN
section: 4
title: Power to raise loan
content:
4. —(1) The Minister may raise, in the manner provided in this Act, loans to be applied in the manner provided in this Act and the Development Fund Act 1959. (2) The power to raise loans under this section does extend to raising money outside of Singapore and in a currency other than the Singapore dollar. (3) To avoid doubt, this Act does not limit any borrowing by — ( a ) entering into a hire‑purchase agreement or an arrangement that is of the same or a substantially similar nature; ( b ) entering into a lease or an arrangement that is of the same or substantially similar nature; ( c ) accepting debt on assignment; or ( d ) purchasing of goods or services on credit for a period of less than 90 days.


document_id: sigla-2021
provision_ref: s5
chapter: PART 2 - AUTHORISATION AND APPLICATION OF LOAN
section: 5
title: Borrowing limit
content:
5. —(1) Subject to subsection (2), the Minister must not raise a loan under this Act if either condition in paragraph ( a ) or ( b ) is satisfied: ( a ) the total at any time of the following exceeds $90,000,000,000: (i) the sum of the proposed borrowing; (ii) the total amount of sums borrowed under any loan earlier raised under this Act; ( b ) the total effective interest paid or payable within (or both) the relevant period on all outstanding securities issued under this Act is more than the interest threshold amount of $5,000,000,000. (2) Subsection (1)( a ) does not apply to any of the following: ( a ) a borrowing transaction in a year that — (i) the Minister (in person) designates to be for the purpose of refinancing a previous borrowing under this Act; and (ii) is for a sum less than the total amount of securities issued under this Act and redeemed or with a maturity date within the same year; ( b ) all securities issued under this Act that are loaned by the MAS under any securities lending arrangement under section 18, or held by the MAS on behalf of the Government for the purpose of such an arrangement. (3) In subsection (1)( b ), the effective interest on all outstanding securities issued under this Act is the total of the yield to maturity for every security so issued multiplied by the face value of the security, where “yield” means the rate of return on any such security computed on the basis of the price of the security, the total interest payments and the period commencing from the date of issue of the security under this Act to the maturity date of that security. (4) The relevant period in subsection (1)( b ) means the financial year immediately before the financial year in which the proposed loan to be raised under this Act is raised. (5) To ascertain on any occasion whether any condition in subsection (1)( a ) or ( b ) is satisfied, any moneys raised in a currency other than Singapore dollars must be converted into Singapore dollars as at the following rate of exchange, being a rate that the MAS certifies to be then appropriate: ( a ) for the purpose of subsection (1)( a )(i), as at the rate of exchange on the last day of the financial year immediately before the date the amount is to be raised; ( b ) for the purpose of subsection (1)( a )(ii) in connection with sums borrowed under any loan earlier raised under this Act, as at the rate of exchange as follows: (i) where any security issued under this Act for the sum so borrowed has matured or has been redeemed — on the maturity date of the security or the date of its redemption, if earlier; (ii) where any security issued under this Act for the sum so borrowed has not been redeemed — on the day referred to in paragraph ( a ) for the same occasion; ( c ) for the purpose of subsection (1)( b ), as at the rate of exchange on the day when the amount of interest is to be paid or is payable, and that the MAS certifies to be then appropriate.


document_id: sigla-2021
provision_ref: s6
chapter: PART 2 - AUTHORISATION AND APPLICATION OF LOAN
section: 6
title: Issuing securities for borrowing
content:
6. For the purpose of raising any loan under this Act, the Minister may — ( a ) issue securities in such form and manner as the Minister thinks fit; and ( b ) issue such securities at such rates of interest and subject to such conditions as to maturity date, repayment, redemption and other matters as may be prescribed by this Act and the Regulations and, subject to the provisions of the Act and Regulations, by the Minister.


document_id: sigla-2021
provision_ref: s7
chapter: PART 2 - AUTHORISATION AND APPLICATION OF LOAN
section: 7
title: Principal and interest charged on Consolidated Fund
content:
7. The principal payable in respect of moneys borrowed under this Act and represented by securities issued under this Act, and all interest on the principal sums payable on the securities, are charged upon and payable out of the Consolidated Fund without authority other than this section.


document_id: sigla-2021
provision_ref: s8
chapter: PART 2 - AUTHORISATION AND APPLICATION OF LOAN
section: 8
title: Borrowing expenses
content:
8. All expenses incurred in connection with the raising of money under this Act (including expenses in connection with the issue, refinancing, repayment or redemption of securities) are charged upon and payable out of the Consolidated Fund without authority other than this section.


document_id: sigla-2021
provision_ref: s9
chapter: PART 2 - AUTHORISATION AND APPLICATION OF LOAN
section: 9
title: Power to raise loan non‑delegable
content:
9. Despite anything in the Interpretation Act 1965 or any other law, the Minister must not delegate the Minister’s power under this Part.


document_id: sigla-2021
provision_ref: s10
chapter: PART 2 - AUTHORISATION AND APPLICATION OF LOAN
section: 10
title: Borrowing only for nationally significant infrastructure expenditure
content:
10. —(1) The face value of every security issued under this Act, less any sum mentioned in section 5(2) — ( a ) must be paid into the Development Fund; and ( b ) may only be appropriated to meet nationally significant infrastructure expenditure by the Government. (2) Out of the proceeds of money raised under this Act, only the face value of every security issued under this Act, less any sum mentioned in section 5(2), must be treated as moneys received by way of loan upon the public credit of Singapore for the purposes of section 6 of the Financial Procedure Act 1966.


document_id: sigla-2021
provision_ref: s11
chapter: PART 2 - AUTHORISATION AND APPLICATION OF LOAN
section: 11
title: Meaning of “nationally significant infrastructure expenditure”
content:
11. —(1) In this Act, “nationally significant infrastructure expenditure” means any qualifying capital expenditure incurred, on or after 3 August 2021, in relation to an approved infrastructure project. (2) In this section, “infrastructure project” means a project involving any one or more of the following matters: ( a ) the construction or acquisition of any nationally significant infrastructure; ( b ) the building, installation or acquisition of any related facility of a nationally significant infrastructure; ( c ) the improvement, extension, enlargement or replacement of any nationally significant infrastructure or related facility of a nationally significant infrastructure where the improvement, extension, enlargement or replacement significantly — (i) increases the capacity or reliability of the nationally significant infrastructure; (ii) increases the useful life of the nationally significant infrastructure; or (iii) reduces previously assessed operating costs of the nationally significant infrastructure, such that the nationally significant infrastructure has or has left, or is reasonably expected to have or have left, a useful life of at least 50 years upon the completion of the infrastructure project. (3) In this section, “qualifying capital expenditure”, in relation to an infrastructure project, means capital expenditure incurred by any infrastructure project participant of the project, wholly or substantially for the purpose of carrying on the infrastructure project, and even if incurred before 3 August 2021; and includes capital expenditure incurred in connection with any of the following incidentals to the project: ( a ) the acquisition of any right or interest in respect of the use of any invention, required in respect of or in connection with any matter in subsection (2)( a ), ( b ) or ( c ); ( b ) any associated design, investigative and engineering studies, survey or research preparatory to the undertaking of any matter in paragraph ( a ) or subsection (2)( a ), ( b ) or ( c ); ( c ) any works directly attributable to bringing the nationally significant infrastructure and its related facilities to the location and condition necessary for the nationally significant infrastructure to operate for its intended purpose or purposes. (4) However, qualifying capital expenditure excludes any capital expenditure incurred in relation to any of the following: ( a ) the repair or maintenance of a nationally significant infrastructure or related facility of a nationally significant infrastructure; ( b ) the acquisition of land and of any right or interest in or over land, even if required in respect of or in connection with any matter in subsection (2)( a ), ( b ) or ( c ); ( c ) the acquisition, repair or maintenance of any train, vehicle, aircraft, vessel or barge. (5) The Minister must not approve any infrastructure project for the purposes of this Act unless — ( a ) the total qualifying capital expenditure that has been or is expected to be incurred wholly or substantially by every infrastructure project participant for the purpose of the infrastructure project is estimated to be $4,000,000,000 or more; and ( b ) the infrastructure project is ongoing on, or starts on or after 3 August 2021. (6) Where a number of distinct contracts or engagements are entered or to be entered into purportedly in connection with any infrastructure project, and the estimated value of some or all of such contracts or engagements taken severally do not exceed the amount specified in subsection (5), then to calculate the estimate of the total qualifying capital expenditure to be incurred by any infrastructure project participant wholly or substantially for the purpose of the project, every distinct contract or engagement for anything that — ( a ) is capable of being completed and to start operations independently of other matters covered by the other contracts or engagements or without materially affecting the effective operation of matters covered by the other contracts or engagements; and ( b ) is situated on lands that are not adjacent or contiguous, must be disregarded. (7) In this section — “approved” means approved in person by the Minister in accordance with this section; “construction”, in relation to any nationally significant infrastructure, means — ( a ) the erection (but not repair or maintenance) of the nationally significant infrastructure or any of its related facilities; ( b ) the excavation or site formation works connected with or carried out for the purpose of paragraph ( a ); or ( c ) the demolition and re‑construction of the nationally significant infrastructure or any of its related facilities; “infrastructure project” includes a phase or stage of an infrastructure project only if expressly planned for at the start of the infrastructure project; “infrastructure project participant”, for any infrastructure project, means — ( a ) the department, ministry or Organ of State of the Government to which responsibility for carrying out the infrastructure project (or any part of the project) is assigned; or ( b ) a public authority carrying out the infrastructure project as an agent or otherwise on behalf of the department, ministry or Organ of State of the Government mentioned in paragraph ( a ).


document_id: sigla-2021
provision_ref: s12
chapter: PART 3 - TERMS OF SECURITIES
section: 12
title: Redemption
content:
12. Subject to sections 13 and 18, a security issued under this Act is redeemable at par on — ( a ) the maturity date of the security; or ( b ) if the security is redeemable at the election of the holder, on the earlier of the following dates: (i) the date specified as the redemption date in any notice of intention to redeem that is given by the holder to the MAS in the prescribed manner; (ii) the maturity date of the security.


document_id: sigla-2021
provision_ref: s13
chapter: PART 3 - TERMS OF SECURITIES
section: 13
title: Early redemption
content:
13. —(1) The holder of a security that is issued under this Act and not redeemable at the election of the holder may, upon an invitation of the MAS under this section, apply to redeem the security before the maturity date of the security. (2) The MAS may by public notice invite the public to apply to redeem any security issued under this Act before the maturity date of the security where that security is — ( a ) not redeemable at the election of the holder; and ( b ) specified or described in the public notice. (3) The public notice mentioned in subsection (2) may specify — ( a ) the terms and conditions relating to the early redemption of the security specified or described in the public notice, including the manner in which any offer for early redemption has to be made; and ( b ) such other information as the MAS may consider necessary. (4) However, the MAS may refuse any application to redeem any security before the maturity date of the security without assigning any reason.


document_id: sigla-2021
provision_ref: s14
chapter: PART 3 - TERMS OF SECURITIES
section: 14
title: Payment of interest
content:
14. —(1) Subject to subsection (2), the interest payable on any security issued under this Act must be paid half‑yearly as specified in the Regulations relating to the issue of the security. (2) Where any security that is redeemable at the election of the holder thereof at any time is redeemed before its maturity date, a portion of the half‑yearly interest payable on that security (calculated on a pro‑rata basis) is payable on such date as may be specified as the redemption date in the duly served notice of intention under section 12( b )(i) to redeem that security. (3) The Minister must, in respect of any security issued under this Act — ( a ) in each half‑yearly period ending on the day on which interest on the security falls due; or ( b ) if security is redeemable at the election of the holder thereof at any time, as soon as practicable after due notice of intention under section 12( b )(i) to redeem the security before its maturity date is given, withdraw from the Consolidated Fund a sum equal to the appropriate interest (or a portion thereof) on the security that is due and payable in order to pay that interest.


document_id: sigla-2021
provision_ref: s15
chapter: PART 3 - TERMS OF SECURITIES
section: 15
title: Interest stops on redemption
content:
15. Regardless of any demand for payment of the principal sum, all the interest on the principal sum payable on the security stop immediately after — ( a ) the maturity date of a security issued under this Act; ( b ) the redemption date in the duly served notice of intention under section 12( b )(i); or ( c ) the date of early redemption in accordance with section 13, whichever is the earliest.


document_id: sigla-2021
provision_ref: s17
chapter: PART 4 - ADMINISTRATION
section: 17
title: MAS is agent
content:
17. —(1) The MAS is by this Act appointed to act on the Government’s behalf as an agent — ( a ) for issuing of securities for moneys borrowed under this Act; and ( b ) for any other purpose that is connected with paragraph ( a ). (2) Without limiting subsection (1), the MAS may — ( a ) by public notice invite the public to apply to take up securities issued under this Act; and ( b ) refuse any application to take up securities issued under this Act without assigning any reason. (3) Subsection (1) does not prevent the exercise by the Minister of any power under this Act.


document_id: sigla-2021
provision_ref: s18
chapter: PART 4 - ADMINISTRATION
section: 18
title: Securities lending arrangements
content:
18. —(1) The MAS may, from time to time and on the Government’s behalf as an agent, but subject to subsection (2), enter into securities lending arrangements by lending securities issued under this Act to primary dealers, including an arrangement under which such securities are sold and repurchased. (2) The total outstanding amount of securities issued under this Act and on loan by the MAS at any time by way of any securities lending arrangement on behalf of the Government entered into under subsection (1) must not exceed — ( a ) $6,500,000,000; or ( b ) a higher sum specified by Parliament in a resolution in substitution for the amount in paragraph ( a ). (3) Lending security is taken to include an arrangement under which it is sold and repurchased. (4) In the case of securities issued under this Act that are held by the MAS for the purpose of securities lending to primary dealers under this section, those securities are redeemable on such conditions as are agreed upon between the Government and the MAS. (5) To avoid doubt, nothing in this section affects the power of the Minister to make investments under section 7 of the Financial Procedure Act 1966.


document_id: sigla-2021
provision_ref: s19
chapter: PART 4 - ADMINISTRATION
section: 19
title: Issue of book‑entry securities
content:
19. —(1) The MAS may — ( a ) issue book‑entry securities for moneys borrowed under this Act, by means of entries on its records which include the name of the depositor and the amount and description of the securities; ( b ) maintain accounts of book‑entry securities for moneys borrowed under this Act — (i) for any depositor on such terms and conditions as may be specified by the MAS for such securities the depositor holds for its own account and, where the depositor is a depositary institution, for the account of its customers; (ii) for the Government; and (iii) for the MAS; and ( c ) otherwise service and maintain such book‑entry securities. (2) The MAS is authorised to take all action necessary in respect of book‑entry securities to enable the MAS in its own capacity to perform its obligations as depositary with respect to such securities.


document_id: sigla-2021
provision_ref: s20
chapter: PART 4 - ADMINISTRATION
section: 20
title: Transfers and pledges of book‑entry securities
content:
20. —(1) A transfer or pledge of a book‑entry security to the MAS or to the Government or to any transferee or pledgee eligible to maintain an appropriate account in its name with the MAS must be effected, despite any law to the contrary, by the MAS making an appropriate entry in its records of the security transferred or pledged. (2) The making of an entry in the records of the MAS under subsection (1) — ( a ) has the effect of delivery of the book‑entry security as if the security had been issued in the form of an engraved or a printed certificate; ( b ) has the effect of a taking of delivery by the transferee or pledgee; ( c ) constitutes the transferee or pledgee a holder; and ( d ) if a pledge, has the effect of vesting a security interest in favour of the pledgee. (3) A transfer or pledge of a book‑entry security effected in accordance with this section has priority over any transfer or pledge involving, or any interest in, the security effected or created in any other manner before, on or after the date of the transfer or pledge in accordance with this section.


document_id: sigla-2021
provision_ref: s21
chapter: PART 4 - ADMINISTRATION
section: 21
title: Transfers and pledges effected by other means
content:
21. —(1) Despite section 20, a transfer or pledge of book‑entry securities, or any interest in such securities, which is maintained by the MAS in an account may be effected by any means that would be effective to effect a transfer or pledge of book‑entry securities, or any interest therein, if the securities were issued by the MAS in the form of engraved or printed certificates. (2) The MAS must not be treated as — ( a ) a bailee for the purposes of notification of pledges of book‑entry securities not effected in accordance with section 20; or ( b ) a person in possession of book‑entry securities for the purposes of acknowledgment of transfers of such securities not effected in accordance with section 20. (3) Where a book‑entry security is recorded on the books of a depositary institution for the account of the pledgor or transferor of the security and the security is on deposit with the MAS in an account, that depositary institution must, for the purposes of effecting delivery of the book‑entry security to a purchaser or pledgee, be treated as — ( a ) the bailee to which notification of the pledge of the securities may be given; and ( b ) the person in possession from which acknowledgment of the holding of the securities may be obtained. (4) The MAS must not accept any notice or advice of a transfer or pledge of any book‑entry security not effected in accordance with section 20, and any such notice or advice is void. (5) The MAS may continue to deal with its depositor in accordance with this Part despite any transfer or pledge not effected in accordance with section 20.


document_id: sigla-2021
provision_ref: s22
chapter: PART 4 - ADMINISTRATION
section: 22
title: MAS to be discharged by action on instructions
content:
22. —(1) The MAS is not liable for conversion or for participation in any breach of fiduciary duty where the MAS has, in respect of book‑entry securities maintained in accounts maintained by the MAS — ( a ) effected pledges or made entries regarding the securities; or ( b ) transferred or delivered the securities, according to the instructions of its depositor even though the depositor had no right to dispose of or take any other action in respect of the securities. (2) The MAS is fully discharged of its obligations under this Part by the transfer or delivery of book‑entry securities upon the instructions of its depositor.


document_id: sigla-2021
provision_ref: s23
chapter: PART 4 - ADMINISTRATION
section: 23
title: Confirmation of transactions
content:
23. —(1) The MAS must, following any transaction affecting book‑entry securities maintained for any depositor under this Part, issue to each depositor a confirmation of the transaction in the form of an advice (serially numbered or otherwise). (2) The advice referred to in subsection (1) must specify the amount and description of the securities and any other pertinent transaction data.


document_id: sigla-2021
provision_ref: s24
chapter: PART 5 - REGULATIONS
section: 24
title: Regulations
content:
24. The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act, including — ( a ) prescribing the terms of issue of securities issued under this Act; ( b ) prescribing the manner in which applications to take up securities issued under this Act must be made; ( c ) prescribing the manner in which securities are issued under this Act, which may include by syndicated arrangements or like arrangements involving financial institutions which agree to underwrite any issue of securities under this Act, be liable to subscribe for or to procure subscribers for securities issued under this Act, or provide other financial accommodation to the Government with respect to any securities issued under this Act; and ( d ) providing for such saving, transitional, and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Act.


document_id: sigla-2021
provision_ref: s25
chapter: PART 5 - REGULATIONS
section: 25
title: Presentation to Parliament
content:
25. All Regulations must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: sira-2024
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Significant Investments Review Act 2024 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: sira-2024
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Purpose of Act
content:
2. The purpose of this Act is to protect the national security interests of Singapore by regulating significant investments in, and control of, critical entities.


document_id: sira-2024
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: General interpretation
content:
3. In this Act — “appointed authority” means a public officer, or a body, appointed under section 7(1); “authorised officer” means an individual appointed under section 5(1) or 8(1); “competent authority” means the public officer, or the body, appointed under section 4(1); “designated entity” means an entity that has been designated under section 17(1) as a designated entity; “entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate, and includes a trust; “Guidelines on Fit and Proper Criteria” means the Guidelines on Fit and Proper Criteria mentioned in section 54; “Minister” means the Minister charged by the Prime Minister with the responsibility for this Act under Article 30(1) of the Constitution; “public authority” means — ( a ) any Ministry, department of the Government or Organ of State; or ( b ) any body established or constituted by or under any public Act to perform a public function, but excludes a Town Council; “relevant Minister” has the meaning assigned to that term in section 6(2); “Town Council” means a Town Council established under section 4 of the Town Councils Act 1988.


document_id: sira-2024
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Competent authority
content:
4. —(1) The Minister may appoint a public officer, or a body established or constituted by or under any public Act to perform a public function (except a Town Council), to be the competent authority for the purposes of this Act. (2) The competent authority is responsible for the administration of this Act, and may perform such duties as are imposed, and may exercise such powers as are conferred, on the competent authority by this Act, subject to any general or special directions of the Minister.


document_id: sira-2024
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Authorised officers appointed by competent authority and delegation by competent authority
content:
5. —(1) The competent authority may, in relation to this Act or any provision of this Act, appoint any of the following individuals to be an authorised officer to administer this Act, either generally or for any particular provision: ( a ) a public officer; ( b ) an employee of a public authority; ( c ) a public officer performing duties in a public authority under a secondment arrangement making available temporarily to the public authority the services of the public officer. (2) Every authorised officer appointed under subsection (1)( b ) is deemed to be a public servant for the purposes of the Penal Code 1871. (3) The competent authority may, for any reason that appears to the competent authority to be sufficient, at any time revoke any appointment as an authorised officer made by the competent authority. (4) The competent authority may delegate the exercise of all or any of the powers conferred, or the performance of all or any of the duties imposed, on the competent authority by any provision of this Act (except the power of delegation conferred by this subsection) to an authorised officer, and any reference in a provision of this Act to the competent authority includes a reference to such an authorised officer. (5) A delegation under subsection (4) by the competent authority may be general or for a particular case and is subject to any conditions or limitations that are set out in this Act or that the competent authority may specify.


document_id: sira-2024
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Transfer of functions and powers of Minister
content:
6. —(1) This section applies if the Minister has designated an entity under section 17(1). (2) The Prime Minister may direct that all or any of the functions and powers of the Minister under Part 3 (other than section 17 and Division 6) and section 38 be transferred to another Minister (called in this Act the relevant Minister) in respect of the designated entity. (3) If any functions and powers of the Minister have been transferred with the Prime Minister’s direction under subsection (2) — ( a ) the relevant Minister may, in respect of the designated entity, perform the functions and exercise the powers so transferred in place of the Minister; and ( b ) any reference to the Minister in the following provisions of this Act includes, in respect of that entity, the relevant Minister mentioned in that subsection: (i) Part 3, other than section 17 and Division 6; (ii) Part 4, other than sections 41, 42 and 45. (4) A transfer of functions and powers under subsection (2) is subject to any conditions and restrictions that the Prime Minister may determine. (5) The Prime Minister may — ( a ) revoke any direction given under subsection (2); or ( b ) vary any of the conditions or restrictions mentioned in subsection (4). (6) The following matters must be notified in the Gazette as soon as practicable: ( a ) any direction given under subsection (2); ( b ) any condition or restriction determined under subsection (4); ( c ) any revocation of a direction under subsection (5)( a ); ( d ) any variation of a condition or restriction under subsection (5)( b ). (7) Regulations may be made under section 57 to provide for saving and transitional provisions when any transfer of functions and powers under subsection (2) is revoked under subsection (5)( a ).


document_id: sira-2024
provision_ref: s7
chapter: PART 2 - ADMINISTRATION
section: 7
title: Appointed authorities
content:
7. —(1) A relevant Minister may appoint a public officer, or a body established or constituted by or under any public Act to perform a public function (except a Town Council), to be an appointed authority for the purposes of all or any of the provisions of this Act for which the relevant Minister may act. (2) An appointed authority is responsible for the administration of the provisions of this Act for which purpose the appointed authority was appointed, and may perform such duties as are imposed, and may exercise such powers as are conferred, on the appointed authority by this Act, subject to any general or special directions of the relevant Minister. (3) If a relevant Minister does not appoint an appointed authority under subsection (1), then, the competent authority — ( a ) is responsible for the administration of the provisions of this Act in respect of the functions and powers transferred to the relevant Minister under section 6(2); and ( b ) may perform such duties as are imposed, and may exercise such powers as are conferred, on the appointed authority by this Act, subject to any general or special directions of the relevant Minister. (4) If a direction in relation to a relevant Minister is revoked under section 6(5)( a ), the appointment of any appointed authority appointed by that relevant Minister is also treated as revoked.


document_id: sira-2024
provision_ref: s8
chapter: PART 2 - ADMINISTRATION
section: 8
title: Authorised officers appointed by appointed authority and delegation by appointed authority
content:
8. —(1) An appointed authority may, in relation to this Act or any provision of this Act, appoint any of the following individuals to be an authorised officer to administer this Act, either generally or for any particular provision, in respect of which the relevant Minister of the appointed authority may act: ( a ) a public officer; ( b ) an employee of a public authority; ( c ) a public officer performing duties in a public authority under a secondment arrangement making available temporarily to the public authority the services of the public officer. (2) Every authorised officer appointed under subsection (1)( b ) is deemed to be a public servant for the purposes of the Penal Code 1871. (3) An appointed authority may, for any reason that appears to the appointed authority to be sufficient, at any time revoke any appointment as an authorised officer made by the appointed authority. (4) If the appointment of an appointed authority is revoked, the appointment of each authorised officer appointed by that appointed authority is also treated as revoked. (5) An appointed authority may delegate the exercise of all or any of the powers conferred, or the performance of all or any of the duties or duties imposed, on the appointed authority by any provision of this Act (except the power of delegation conferred by this subsection) to an authorised officer appointed by the appointed authority under subsection (1), and any reference in a provision of this Act to the appointed authority includes a reference to such an authorised officer. (6) A delegation under subsection (5) by an appointed authority may be general or for a particular case and is subject to any conditions or limitations that are set out in this Act or that the appointed authority may specify.


document_id: sira-2024
provision_ref: s9
chapter: PART 2 - ADMINISTRATION
section: 9
title: Delegation by Minister, etc.
content:
9. —(1) The Minister may delegate the performance or exercise of any of his or her functions or powers under this Act (except the power to make regulations under section 57(1)) to any of the following persons by written notice to the person: ( a ) any of the following office‑holders in his or her Ministry: (i) a Second Minister; (ii) a Senior Minister of State; (iii) a Minister of State; (iv) a Senior Parliamentary Secretary; (v) a Parliamentary Secretary; ( b ) the competent authority appointed by the Minister under section 4. (2) A delegation by the Minister under subsection (1) may be general or for a particular case and is subject to any conditions or limitations that are set out in this Act or that the Minister may specify. (3) The Minister may, in delegating the performance or exercise of any of his or her functions or powers to the competent authority under subsection (1)( b ), authorise the competent authority to subdelegate the performance or exercise of the function or power to an authorised officer appointed by the competent authority under section 5 (called in this Act a subdelegate). (4) A subdelegation by the competent authority of the performance or exercise of a function or power delegated to it by the Minister under subsection (1)( b ) to a subdelegate is subject to the same restrictions, and has the same effect, as if the subdelegate were the delegate.


document_id: sira-2024
provision_ref: s10
chapter: PART 2 - ADMINISTRATION
section: 10
title: Delegation by relevant Minister, etc.
content:
10. —(1) A relevant Minister may delegate the performance or exercise of any of his or her functions or powers under this Act (except the power to make regulations under section 57(2)), either generally or specially, to any of the following persons by written notice to the person: ( a ) any of the following office‑holders in his or her Ministry: (i) a Second Minister; (ii) a Senior Minister of State; (iii) a Minister of State; (iv) a Senior Parliamentary Secretary; (v) a Parliamentary Secretary; ( b ) the appointed authority appointed by the relevant Minister under section 7. (2) A delegation by the relevant Minister under subsection (1) may be general or for a particular case and is subject to any conditions or limitations that are set out in this Act or that the relevant Minister may specify. (3) A relevant Minister may, in delegating the performance or exercise of any of his or her functions or powers to the appointed authority under subsection (1)( b ), authorise the appointed authority to subdelegate the performance or exercise of the function or power to an authorised officer appointed by the appointed authority under section 8 (also called in this Act a subdelegate). (4) A subdelegation by the appointed authority of the performance or exercise of a function or power delegated to it by the relevant Minister under subsection (1)( b ) to a subdelegate is subject to the same restrictions, and has the same effect, as if the subdelegate were the delegate.


document_id: sira-2024
provision_ref: s11
chapter: PART 2 - ADMINISTRATION
section: 11
title: Power of delegate, etc.
content:
11. —(1) A delegate or subdelegate who purports to perform a function or exercise a power under delegation or subdelegation under section 9 or 10 — ( a ) is taken to perform the function or exercise the power in accordance with the terms of the delegation or subdelegation (as the case may be), unless the contrary is shown; and ( b ) must produce evidence of his or her authority to perform the function or exercise the power, if reasonably requested to do so. (2) A subdelegate to whom a function or power of the Minister or the relevant Minister is subdelegated under section 9(3) or 10(3) (as the case may be) is not authorised to further delegate that function or power to anyone else.


document_id: sira-2024
provision_ref: s12
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 12
title: Application of this Part
content:
12. Except where otherwise expressly provided, this Part applies to, and in relation to — ( a ) all individuals, whether resident in Singapore or not and whether citizens of Singapore or not; and ( b ) all bodies corporate or unincorporate, whether incorporated, formed, established, or carrying on business in Singapore or not.


document_id: sira-2024
provision_ref: s13
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 13
title: Interpretation of this Part
content:
13. —(1) In this Part — “acquisition” includes an agreement to acquire, but does not include — ( a ) an acquisition by will or by operation of law; or ( b ) an acquisition by way of enforcement of a loan security; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “chief executive officer”, in relation to a corporation, means a person, by whatever name called, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the corporation; and ( b ) is principally responsible for the management and conduct of the business of the corporation; “control” includes control as a result of, or by means of, any agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “decrease”, in relation to the holding of equity interest, includes a decrease to a point of nil; “designation date”, in relation to a designated entity, means the date on which the entity is designated as a designated entity under section 17(1); “director” has the meaning given by section 4(1) of the Companies Act 1967; “equity interest” means — ( a ) in relation to a corporation — a voting share in that corporation; ( b ) in relation to an entity other than a corporation — any right or interest, whether legal or equitable, in that entity, by whatever name called, which gives the holder of that right or interest voting power in that entity; ( c ) in relation to a business trust — a unit in that business trust; and ( d ) in relation to a trust other than a business trust — any right or interest (whether legal or equitable) in that trust, by whatever name called, which gives the holder of that right or interest voting power in that trust; “increase”, in relation to the holding of equity interest, includes an increase from a starting point of nil; “indirect controller”, in relation to an entity, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the entity — ( a ) whose directions, instructions or wishes — (i) the directors or other officers of the entity; (ii) the trustee‑manager (in the case of an entity that is a business trust); or (iii) the trustee (in the case of an entity that is a trust other than a business trust), are accustomed or under an obligation, whether formal or informal, to act in accordance with; or ( b ) who is in a position to determine the policy of the entity, but does not include — ( c ) any person who is — (i) a director or other officer of the entity; (ii) the trustee‑manager (in the case of an entity that is a business trust); or (iii) the trustee (in the case of an entity that is a trust other than a business trust); or ( d ) any person whose directions, instructions or wishes — (i) the directors or other officers of the entity; (ii) the trustee‑manager (in the case of an entity that is a business trust); or (iii) the trustee (in the case of an entity that is a trust other than a business trust), are accustomed to act in accordance with by reason only that they act on advice given by the person in that person’s professional capacity; “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “liquidator” includes the Official Receiver when acting as the liquidator of a corporation; “officer”, in relation to a corporation, includes — ( a ) a director or secretary of, or a person employed in an executive capacity by, the corporation; ( b ) any receiver or manager, or any receiver and manager, of any part of the undertaking of the corporation, appointed under a power contained in any instrument or by the High Court or by creditors; ( c ) any liquidator of the corporation appointed in a voluntary winding up or by the General Division of the High Court or by creditors; and ( d ) any judicial manager of the corporation appointed by the General Division of the High Court under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018; “Official Receiver” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “related corporation”, in relation to a corporation, means another corporation that is deemed under section 15(2) to be related to that corporation; “share”, in relation to a corporation, means a share in the share capital of the corporation and includes stock into which all or any of the share capital of the corporation has been converted; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967; “trust” includes a business trust; “trustee‑manager”, in relation to a business trust, has the meaning given by section 2 of the Business Trusts Act 2004; “unit” has the meaning given by section 2 of the Business Trusts Act 2004; “unitholder” means a person who holds units in a business trust; “unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018; “voting share” has the meaning given by section 4(1) of the Companies Act 1967 but does not include a treasury share. (2) A reference in this Part to the control of a percentage of the voting power in an entity is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in — ( a ) a general meeting of the entity; ( b ) in the case of an entity that is a business trust — a general meeting of the unitholders of the business trust; or ( c ) in the case of an entity that is a trust other than a business trust — a general meeting of the beneficiaries of the trust. (3) In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the general meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded. (4) In this Part — ( a ) a reference to the business or undertaking of an entity that is a business trust means the business or undertaking carried on by the trustee‑manager of the business trust on behalf of the business trust; and ( b ) a reference to the business or undertaking of an entity that is a trust (other than business trust) means the business or undertaking carried on by the trustee of the trust on behalf of the trust.


document_id: sira-2024
provision_ref: s14
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 14
title: What holding an equity interest means
content:
14. —(1) A person holds an equity interest under this Part if the person — ( a ) has or is deemed to have an equity interest in accordance with subsections (2) to (8); or ( b ) otherwise has a legal or equitable interest in that equity interest, except for any interest prescribed by regulations made under section 57 as an interest that is to be disregarded. (2) Subject to subsection (3), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. (3) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest is, or is capable of being made, subject to restraint or restriction. (4) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, an interest or a right that gives its holder voting power, or a unit of a business trust, as the case may be. (5) A person is deemed to have an equity interest if — ( a ) any property held in trust consists of or includes the equity interest; and ( b ) the person knows, or has reasonable grounds for believing, that the person has an interest under that trust. (6) A person is also deemed to have an equity interest in an entity if that person — ( a ) has entered into a contract to purchase the equity interest; ( b ) has a right, otherwise than by reason of having an interest under a trust, to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; ( c ) has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or ( d ) is entitled (otherwise than by reason of having been appointed as proxy or representative) to vote at — (i) a general meeting of the entity; (ii) in the case of an entity that is a business trust — a general meeting of the unitholders of the business trust; or (iii) in the case of an entity that is a trust other than a business trust — a general meeting of the beneficiaries of the trust in question, to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or equitable interest. (7) A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person. (8) An equity interest is not to be disregarded by reason only of — ( a ) its remoteness; ( b ) the manner in which it arose; or ( c ) the fact that the exercise of a right conferred by the equity interest is, or is capable of being made, subject to restraint or restriction. (9) Regulations made under section 57 may provide that any equity interest is to be disregarded for the purposes of this section or any subsection of this section.


document_id: sira-2024
provision_ref: s15
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 15
title: Meaning of “associate”
content:
15. —(1) In this Part, a person ( A ) is an associate of another person ( B ) if — ( a ) A is the spouse, or a parent, step‑parent or remoter lineal ancestor, or a son, stepson, daughter, stepdaughter or remoter issue, or a brother or sister, of B ; ( b ) A is a partner of B in a partnership or limited liability partnership; ( c ) A is a corporation of which B is an officer; ( d ) B is a corporation of which A is an officer; ( e ) A and B are officers of the same corporation; ( f ) A is an employee of B ; ( g ) B is an employee of A ; ( h ) A and B are employees of the same employer; ( i ) A is the trustee of a discretionary trust if B (or another person who is an associate of B by virtue of any paragraph, except this paragraph and paragraphs ( j ) and ( r )) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( j ) B is the trustee of a discretionary trust if A (or another person who is an associate of A by virtue of any paragraph, except this paragraph and paragraphs ( i ) and ( r )) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( k ) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, if B is a corporation, of the directors of B ; ( l ) B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, if A is a corporation, of the directors of A ; ( m ) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, if B is a corporation, of the directors of B ; ( n ) B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, if A is a corporation, of the directors of A ; ( o ) A is a related corporation of B or B is a related corporation of A ; ( p ) A is a corporation in which B , alone or together with other associates of B as described in paragraphs ( b ) to ( o ), is in a position to control not less than 20% of the voting power in A ; ( q ) B is a corporation in which A , alone or together with other associates of A as described in paragraphs ( b ) to ( o ), is in a position to control not less than 20% of the voting power in B ; ( r ) A is a person with whom B enters, or proposes to enter, into an agreement or arrangement (whether oral or in writing and whether express or implied) that relates to any of the following matters: (i) A and B being in a position, by acting together, to control any of the voting power in an entity; (ii) A and B acting together with respect to the acquisition, holding or disposal of equity interests or other interests in an entity; (iii) the power of A and B , by acting together, to appoint or remove — (A) a director of an entity; (B) in the case of an entity that is a business trust — a director of the trustee‑manager of a business trust; or (C) in the case of an entity that is a trust other than a business trust and if the trustee of the trust is a corporation — a director of the trustee; (iv) the situation where one or more of the directors of — (A) an entity; (B) in the case of an entity that is a business trust — the trustee‑manager of the business trust; or (C) in the case of an entity that is a trust other than a business trust and if the trustee of the trust is a corporation — the trustee of the trust, are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of A and B acting together; ( s ) A controls more than half of the voting power of a holding company of B ; ( t ) B controls more than half of the voting power of a holding company of A ; or ( u ) A is related to B in such other manner as may be prescribed by regulations made under section 57. (2) A corporation ( A ) and another corporation ( B ) are deemed to be related to each other for the purposes of this section if A is — ( a ) the holding company of B ; ( b ) a subsidiary of B ; or ( c ) a subsidiary of the holding company of B . (3) For the purposes of this section, a corporation ( A ) is deemed to be a subsidiary of another corporation ( B ) if — ( a ) B controls the composition of the board of directors of A ; ( b ) B controls more than half of the voting power of A ; or ( c ) A is a subsidiary of any corporation which is B ’s subsidiary. (4) For the purposes of subsection (3)( a ), the composition of A ’s board of directors is deemed to be controlled by B if, by the exercise of some power exercisable by B without the consent or concurrence of any other person, B can appoint or remove all or a majority of the directors, and for the purposes of this provision, B is deemed to have power to make such an appointment if — ( a ) a person cannot be appointed as a director without the exercise in the person’s favour by B of such a power; or ( b ) a person’s appointment as a director follows necessarily from that person being a director or other officer of B . (5) In determining whether one corporation ( A ) is the subsidiary of another corporation ( B ) — ( a ) any shares held or power exercisable by B in a fiduciary capacity is treated as not held or exercisable by B ; ( b ) subject to paragraphs ( c ) and ( d ), any shares held or power exercisable — (i) by any person as a nominee for B (except if B is concerned only in a fiduciary capacity); or (ii) by, or by a nominee for, a subsidiary of B , not being a subsidiary which is concerned only in a fiduciary capacity, is to be treated as being held or exercisable by B ; ( c ) any shares held or exercisable by any person by virtue of the provisions of any debentures of A , or of a trust deed for securing any issue of such debentures, are to be disregarded; and ( d ) any shares held or exercisable by, or by a nominee for, B or its subsidiary (not being held or exercisable as mentioned in paragraph ( c )) is to be treated as not held or exercisable by B if the ordinary business of B or its subsidiary (as the case may be) includes the lending of money and the shares are so held or power is so exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business. (6) A reference in this section to the holding company of a company or other corporation is a reference to a corporation of which the last mentioned company or corporation is a subsidiary. (7) For the purposes of this section, the Depository is not to be regarded as a holding company of a corporation by reason only of the shares it holds in that corporation as a bare trustee. (8) Regulations made under section 57 may provide that any person or class of persons are not associates of another person for the purposes of any provision of this Part. (9) In this section — “Depository” has the meaning given by section 81SF of the Securities and Futures Act 2001; “officer”, in relation to a corporation, means a director or secretary of, or any person employed in an executive capacity by, the corporation.


document_id: sira-2024
provision_ref: s16
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 16
title:
Meanings of “Level A controller”, “Level B controller”, “Level C controller”, “Level D controller”, “Level Y controller” and “Level Z controller”

content:
16. —(1) In this Part — “Level A controller”, in relation to a designated entity, means a person who, alone or together with the person’s associates — ( a ) holds Level A% or more, but less than Level B% (if Level A% is less than Level B%), of the total equity interests in the designated entity; or ( b ) is in a position to control Level A% or more, but less than Level B% (if Level A% is less than Level B%), of the voting power in the designated entity; “Level B controller”, in relation to a designated entity, means a person who, alone or together with the person’s associates — ( a ) holds Level B% or more, but less than Level C% (if Level B% is less than Level C%), of the total equity interests in the designated entity; or ( b ) is in a position to control Level B% or more, but less than Level C% (if Level B% is less than Level C%), of the voting power in the designated entity; “Level C controller”, in relation to a designated entity, means a person who, alone or together with the person’s associates — ( a ) holds Level C% or more, but less than Level D% (if Level C% is less than Level D%), of the total equity interests in the designated entity; or ( b ) is in a position to control Level C% or more, but less than Level D% (if Level C% is less than Level D%), of the voting power in, the designated entity; “Level D controller”, in relation to a designated entity, means a person who, alone or together with the person’s associates — ( a ) holds Level D% or more of the total equity interests in the designated entity; or ( b ) is in a position to control Level D% or more of the voting power in the designated entity; “Level Y controller”, in relation to a designated entity, means a person who, alone or together with the person’s associates — ( a ) holds Level Y% or more, but less than Level Z% (if Level Y% is less than Level Z%), of the total equity interests in the designated entity; or ( b ) is in a position to control Level Y% or more, but less than Level Z% (if Level Y% is less than Level Z%), of the voting power in the designated entity; “Level Z controller”, in relation to a designated entity, means a person who, alone or together with the person’s associates — ( a ) holds Level Z% or more of the total equity interests in the designated entity; or ( b ) is in a position to control Level Z% or more of the voting power in the designated entity. (2) For the purposes of subsection (1) and section 18(2) — “Level A%” means — ( a ) unless paragraph ( b ) applies, 5%; or ( b ) such other percentage (less than or equal to Level B%) as may be prescribed from time to time; “Level B%” means — ( a ) unless paragraph ( b ) applies, 12%; or ( b ) such other percentage (less than or equal to Level C%) as may be prescribed from time to time; “Level C%” means — ( a ) unless paragraph ( b ) applies, 25%; or ( b ) such other percentage (less than or equal to Level D%) as may be prescribed from time to time; “Level D%” means — ( a ) unless paragraph ( b ) applies, 50%; or ( b ) such other percentage as may be prescribed from time to time; “Level Y%” means — ( a ) unless paragraph ( b ) applies, 50%; or ( b ) such other percentage (less than or equal to Level Z%) as may be prescribed from time to time; “Level Z%” means — ( a ) unless paragraph ( b ) applies, 75%; or ( b ) such other percentage as may be prescribed from time to time. (3) The Minister may, for the purpose of paragraph ( b ) of the definitions of “Level A%”, “Level B%”, “Level C%”, “Level D%”, “Level Y%” and “Level Z%” mentioned in subsection (2), prescribe — ( a ) different percentages in respect of — (i) different designated entities; (ii) different classes of designated entities; or (iii) different designated entities within a class of designated entities; and ( b ) the same percentage for all or any of the definitions. Division 2 &#x2014; Designation of and controllers
of designated entities


document_id: sira-2024
provision_ref: s17
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 17
title: Designation of designated entity
content:
17. —(1) The Minister may designate — ( a ) any entity incorporated, formed or established in Singapore; ( b ) any entity that carries out any activity in Singapore; or ( c ) any entity that provides any goods and services to any person in Singapore, if the Minister considers that the designation is necessary in the interest of Singapore’s national security. (2) Before the Minister designates any entity under subsection (1), the Minister must, unless the Minister considers that it is not practicable or desirable to do so in any particular case — ( a ) give notice of the Minister’s intention to designate the entity to the entity concerned; and ( b ) give the entity at least 14 days after the date of the notice to make written representations on the proposed designation. (3) Once a designation is made under subsection (1), the Minister must, as far as practicable and without delay, give notice of the designation — ( a ) to the entity that is designated; and ( b ) to any other person who, in the Minister’s opinion, ought to have notice of the designation. (4) The Minister may cancel a designation under subsection (1) at any time. (5) Any designation under subsection (1), and any cancellation of a designation under subsection (4), must be notified in the Gazette as soon as practicable.


document_id: sira-2024
provision_ref: s18
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 18
title: Notice to Minister by Level A controller
content:
18. —(1) If a person becomes, on or after the designation date, a Level A controller of a designated entity, that person must, within 7 days after becoming the Level A controller, give notice in writing to the Minister of that fact. (2) Subsection (1) does not apply if Level A% is equal to Level B%, Level C% or Level D%. (3) A person who contravenes subsection (1) shall be guilty of an offence. (4) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that the accused — ( a ) was not aware of the contravention when it occurred; and ( b ) notified the Minister of the contravention within a period of 14 days after becoming aware of the contravention. (5) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that, though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity; ( b ) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity; and ( c ) the accused notified the Minister of the contravention within a period of 7 days after the contravention. (6) Except as provided in subsections (4) and (5), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) to prove that the accused did not intend to or did not knowingly contravene subsection (1).


document_id: sira-2024
provision_ref: s19
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 19
title: Approvals of Minister in relation to equity interests and control of voting power in certain cases
content:
19. —(1) Except with the prior written approval of the Minister, on or after the designation date — ( a ) a person must not become a Level B controller, Level C controller or Level D controller of a designated entity; and ( b ) a Level Y controller or Level Z controller of a designated entity must not cease to be a Level Y controller or Level Z controller of the designated entity. (2) Subsection (1) does not apply if the transaction through which a person becomes a Level B controller, Level C controller or Level D controller, or ceases to be a Level Y controller or Level Z controller, is entered into before the designation date. (3) Except with the prior written approval of the Minister, a person must not, on or after the designation date, become an indirect controller of a designated entity. (4) A person must not, on or after the designation date, acquire, as a going concern, the business or undertaking or any part of the business or undertaking of a designated entity unless the person and — ( a ) the designated entity; ( b ) in the case of a designated entity that is a business trust — the trustee‑manager of the business trust; or ( c ) in the case of a designated entity that is a trust other than a business trust — the trustee of the trust, have obtained the prior written approval of the Minister. (5) On an application for approval under subsection (1)( a ) or (3), the Minister may approve the application if the Minister is satisfied that — ( a ) the person who is to become a Level B controller, Level C controller or Level D controller or an indirect controller of a designated entity, and every associate of that person that the Minister knows is an associate, is a fit and proper person under the Guidelines on Fit and Proper Criteria; ( b ) having regard to the influence of — (i) the person mentioned in paragraph ( a ); and (ii) every associate of that person, the designated entity will continue to carry on its business or undertaking; and ( c ) it is not against the national security interests of Singapore to do so. (6) On an application for approval under subsection (1)( b ), the Minister may approve the application if the Minister is satisfied that — ( a ) the designated entity of which the applicant is a Level Y controller or Level Z controller will continue to carry on its business or undertaking despite the applicant ceasing to be a Level Y controller or Level Z controller of the designated entity; and ( b ) it is not against the national security interests of Singapore to do so. (7) On an application for approval under subsection (4), the Minister may approve the application if the Minister is satisfied that — ( a ) the person acquiring the business or undertaking, or part of the business or undertaking, is a fit and proper person under the Guidelines on Fit and Proper Criteria; ( b ) the acquisition will not affect the security and reliability of the business or undertaking of the designated entity in Singapore; and ( c ) it is not against the national security interests of Singapore to do so. (8) An approval of the Minister under this section may be granted subject to any conditions that the Minister considers appropriate to impose. (9) Any condition imposed by the Minister under subsection (8) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed, or other constitution, of the designated entity in relation to which the application for approval under subsection (1), (3) or (4) is made. (10) A person who contravenes — ( a ) subsection (1), (3) or (4); or ( b ) any condition imposed under subsection (8), shall be guilty of an offence. (11) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the Minister of the contravention within a period of 14 days after becoming aware of the contravention; and ( c ) if the Minister issued any direction under section 22, 23 or 24 relating to the contravention — (i) the accused complied with the direction within the period determined by the Minister under any of those sections; or (ii) the period determined by the Minister under any of those sections for the compliance of the direction has not expired. (12) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that even though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase or decrease in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity; ( b ) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity; ( c ) the accused took all reasonable steps to notify the Minister of the contravention within a period of 7 days after the contravention; and ( d ) if the Minister issued any direction under section 22, 23 or 24 relating to the contravention — (i) the accused complied with the direction within the period determined by the Minister under any of those sections; or (ii) the period determined by the Minister under any of those sections for the compliance of the direction has not expired. (13) In any proceedings for an offence in relation to a contravention of subsection (3), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the Minister of the contravention within a period of 14 days after the contravention; and ( c ) if the Minister issued any direction under section 22, 23 or 24 relating to the contravention — (i) the accused complied with the direction within the period determined by the Minister under any of those sections; or (ii) the period determined by the Minister under any of those sections for the compliance of the direction has not expired. (14) Except as provided in subsections (11), (12) and (13), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) or (3) to prove that the accused did not intend to or did not knowingly contravene subsection (1) or (3), as the case may be.


document_id: sira-2024
provision_ref: s20
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 20
title: Duty of designated entity to report changes of equity and control of certain persons
content:
20. —(1) A designated entity that becomes aware that — ( a ) a person has, on or after the designation date, become a Level A controller, Level B controller, Level C controller or Level D controller of the designated entity; ( b ) a Level Y controller or Level Z controller of the designated entity has, on or after the designation date, ceased to be a Level Y controller or Level Z controller (as the case may be) of the designated entity; ( c ) a person has, on or after the designation date, become an indirect controller of the designated entity; or ( d ) a person has, on or after the designation date, acquired, as a going concern, the business or undertaking or any part of the business or undertaking of the designated entity, must inform the Minister in writing within 7 days after becoming aware of that fact. (2) A designated entity that contravenes subsection (1) shall be guilty of an offence.


document_id: sira-2024
provision_ref: s21
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 21
title: Void transactions
content:
21. —(1) A transaction that is completed in contravention of section 19(1), (3) or (4) is void. (2) Any person materially affected by the fact that a transaction is void under subsection (1) or (12) may apply to the Minister for a validation notice in relation to the transaction. (3) The Minister may issue a validation notice — ( a ) on an application under subsection (2); or ( b ) on the Minister’s own initiative, if the Minister is satisfied that it is in the interest of Singapore’s national security to validate the transaction. (4) The Minister may issue a validation notice under subsection (3)( a ) in relation to a transaction that is completed in contravention of section 19(1)( a ), (3) or (4) if the Minister is satisfied that — ( a ) the person who is to become a Level B controller, Level C controller, Level D controller or indirect controller of the designated entity and every person that the Minister knows is an associate of that person, or who is acquiring the business or undertaking, or part of the business or undertaking, is a fit and proper person under the Guidelines on Fit and Proper Criteria; ( b ) having regard to the influence of — (i) the person mentioned in paragraph ( a ); and (ii) every person that the Minister knows is an associate of that person, the designated entity will continue to carry on its business or undertaking; and ( c ) it is not against the national security interests of Singapore to do so. (5) The Minister may issue a validation notice under subsection (3)( a ) in relation to a transaction that is completed in contravention of section 19(1)( b ) if the Minister is satisfied that — ( a ) the designated entity of which the Level Y controller or Level Z controller has (but for subsection (1)) ceased to be a Level Y controller or Level Z controller will continue to carry on its business or undertaking despite the cessation; and ( b ) it is not against the national security interests of Singapore to do so. (6) The Minister may issue a validation notice under subsection (3)( a ) in relation to a transaction that is void under subsection (12) if the Minister is satisfied that it is not against the national security interests of Singapore to do so. (7) The effect of a validation notice issued under subsection (3) is that the transaction to which it relates is not void. (8) A validation notice may be issued under subsection (3) subject to any conditions that the Minister considers appropriate to specify in the validation notice. (9) Without limiting the conditions that may be imposed under subsection (8), the Minister may, when specifying any condition under that subsection, further specify that the consequence of a breach of that condition (called in this section a relevant condition) is that the transaction in respect of which the validation notice was issued is void. (10) A validation notice issued under subsection (3) must be — ( a ) notified to each person who applied for the validation notice, if any; and ( b ) published in the Gazette . (11) A person who had applied for a validation notice under subsection (2) and who fails to comply with any condition specified in the validation notice under subsection (8) shall be guilty of an offence. (12) If a person who applies for a validation notice breaches a relevant condition specified in the validation notice, the transaction in respect of which the validation notice is issued is void.


document_id: sira-2024
provision_ref: s22
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 22
title: Remedial directions in respect of increase in equity interests, etc.
content:
22. —(1) This section applies if the Minister is satisfied that — ( a ) any condition of approval of an application under section 19 imposed on a person (other than a condition imposed for an approval of an application under section 19(1)( b )) has not been complied with; ( b ) a person has provided false or misleading information or documents in connection with an application for approval under section 19(1)( a ), (3) or (4); ( c ) in the case of a person who had obtained the Minister’s approval under section 19(5) or (7) — (i) the person or any associate of that person has ceased to be a fit and proper person under the Guidelines on Fit and Proper Criteria; (ii) that having regard to the influence of the person or of any associate of the person, the designated entity is no longer likely to continue to carry on its business or undertaking; or (iii) it is against the national security interests of Singapore to allow the person to continue to be a Level B controller, Level C controller, Level D controller or indirect controller of the designated entity, or to allow the person to continue to own or manage the business or undertaking, or the part of the business or undertaking, of the designated entity that was acquired, as the case may be; or ( d ) the Minister would not have granted an approval to a person under section 19(5) or (7) had the Minister been aware, at the time of approval, of circumstances relevant to the person’s application for such approval. (2) If this section applies, the Minister may do any one or more of the following: ( a ) in the case of a Level B controller, Level C controller or Level D controller of a designated entity — (i) direct the person to take any steps that are necessary, within the period specified by the Minister, to cease to be a Level B controller, Level C controller or Level D controller (as the case may be) of the designated entity; (ii) direct the transfer or disposal (whether generally or to a specified person) of all or any of the equity interests in the designated entity held by the person or any of the person’s associates (called in this section and section 25 the section 22(2) equity interests), within the period, and subject to any conditions, that the Minister considers appropriate; or (iii) direct that the transfer or disposal of all or any of the section 22(2) equity interests be restricted, subject to any conditions that the Minister considers appropriate; ( b ) in the case of an indirect controller of a designated entity, direct the person, or direct — (i) the designated entity; (ii) in the case of a designated entity that is a business trust — the trustee‑manager of the business trust; or (iii) in the case of a designated entity that is a trust other than a business trust — the trustee of the trust, to take any steps that are necessary, within the period specified by the Minister, to cease to be such an indirect controller or to cause the person to cease to be such an indirect controller, as the case may be; ( c ) in the case of a person who acquired, as a going concern, a business or undertaking or a part of a business or undertaking mentioned in section 19(4), direct the person to transfer or dispose of all or any part of the business or undertaking within the period, and subject to any conditions, that the Minister considers appropriate; ( d ) make any other direction that the Minister considers appropriate. (3) Before issuing any direction to a person under subsection (2), the Minister must — ( a ) unless the Minister decides that it is not practicable or desirable to do so, give the person written notice of the Minister’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and ( b ) consider every written representation from the person received on or before the date specified under paragraph ( a ). (4) The Minister may, at any time, revoke, vary or discharge any direction under subsection (2) or suspend the operation of any such direction. (5) A person who fails to comply with a direction under subsection (2) (including a direction that is varied under subsection (4)) within the period specified by the Minister, shall be guilty of an offence.


document_id: sira-2024
provision_ref: s23
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 23
title: Remedial directions in respect of decrease in equity interests, etc.
content:
23. —(1) This section applies if the Minister is satisfied that — ( a ) any condition of approval imposed on a person (called in this section a defaulter) for an approval of an application under section 19(1)( b )) has not been complied with; ( b ) a person (also called in this section a defaulter) has provided false or misleading information or documents in connection with an application for approval under section 19(1)( b ); ( c ) in the case of a person (also called in this section a defaulter) who had obtained the Minister’s approval under section 19(6), the designated entity is no longer likely to continue to carry on its business or undertaking because the defaulter ceased to be a Level Y controller or Level Z controller of the designated entity, as the case may be; or ( d ) the Minister would not have granted an approval to the defaulter under section 19(6) had the Minister been aware, at the time of approval, of circumstances relevant to the person’s application for such approval. (2) If, as a result of a person (called in this subsection the transferee) acquiring any equity interests from a defaulter who is a Level Y controller or Level Z controller of a designated entity (called in this section and section 25 the section 23(2) equity interests), the defaulter ceases to be a Level Y controller or a Level Z controller (as the case may be), the Minister may do any one or more of the following: ( a ) direct the transferee to take any steps that are necessary, within the period specified by the Minister, to cease to hold all or any of the section 23(2) equity interests; ( b ) direct the defaulter to take any steps that are necessary, within the period specified by the Minister, to resume being a Level Y controller or Level Z controller, as the case may be; ( c ) direct that the steps mentioned in paragraph ( a ) or ( b ) are taken within the period specified by the Minister, and subject to any conditions, that the Minister considers appropriate; ( d ) direct that the transfer or disposal of all or any of the section 23(2) equity interests be restricted, subject to any conditions that the Minister considers appropriate; ( e ) make any other direction that the Minister considers appropriate. (3) Before issuing any direction to a person under subsection (2), the Minister must — ( a ) unless the Minister decides that it is not practicable or desirable to do so, give the person written notice of the Minister’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and ( b ) consider every written representation from the person received on or before the date specified under paragraph ( a ). (4) The Minister may, at any time, revoke, vary or discharge any direction under subsection (2), or suspend the operation of any such direction. (5) A person who fails to comply with a direction under subsection (2) (including a direction that is varied under subsection (4)) within the period specified by the Minister, shall be guilty of an offence.


document_id: sira-2024
provision_ref: s24
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 24
title: Remedial directions in respect of breach of conditions of validation notice
content:
24. —(1) This section applies if the Minister is satisfied that — ( a ) any condition specified in a validation notice under section 21(8) has not been complied with, where the validation notice does not specify that the consequence of breach of the condition is that the transaction in respect of which the validation notice was issued is void; ( b ) a person has provided false or misleading information or documents in connection with an application for a validation notice under section 21(2); ( c ) in the case of a person who had applied for a validation notice under section 21(2) and the Minister had issued a validation notice under section 21(4) in relation to a transaction that is completed in contravention of section 19(1)( a ), (3) or (4) — (i) the person or any associate of the person has ceased to be a fit and proper person under the Guidelines on Fit and Proper Criteria; (ii) that having regard to the influence of the person or of any associate of the person, the designated entity is no longer likely to continue to carry on its business or undertaking; or (iii) it is against the national security interests of Singapore to allow the person to continue to be a Level B controller, Level C controller, Level D controller or indirect controller of the designated entity, or to allow the person to continue to own or manage the business or undertaking, or the part of the business or undertaking, of the designated entity that was acquired, as the case may be; ( d ) in the case of a person who had applied for a validation notice under section 21(2) and the Minister had issued a validation notice under section 21(5) in relation to a transaction that is completed in contravention of section 19(1)( b ), the designated entity is no longer likely to continue to carry on its business or undertaking because the person ceased to be a Level Y controller or Level Z controller of the designated entity, as the case may be; or ( e ) the Minister would not have issued a validation notice to a person under section 21(4) or (5) had the Minister been aware, at the time of issuance, of circumstances relevant to the person’s application for the validation notice. (2) If this section applies, the Minister may do any one or more of the following: ( a ) if the person to whom the validation notice was issued is a Level B controller, Level C controller or Level D controller of a designated entity — (i) direct the person to take any steps that are necessary, within the period specified by the Minister, to cease to be a Level B controller, Level C controller or Level D controller (as the case may be) of the designated entity; (ii) direct the transfer or disposal (whether generally or to a specified person) of all or any of the equity interests in the designated entity held by the person or any of the person’s associates (called in this section and section 25 the section 24(2) equity interests), within the time, and subject to any conditions, that the Minister considers appropriate; or (iii) direct that the transfer or disposal of all or any of the section 24(2) equity interests be restricted, subject to any conditions that the Minister considers appropriate; ( b ) if the person to whom the validation notice was issued is an indirect controller of a designated entity, direct the person, or direct — (i) the designated entity; (ii) in the case of a designated entity that is a business trust — the trustee‑manager of the business trust; or (iii) in the case of a designated entity that is a trust other than a business trust — the trustee of the trust, to take any steps that are necessary, within the period specified by the Minister, to cease to be such an indirect controller or to cause the person to cease to be such an indirect controller, as the case may be; ( c ) if the person to whom the validation notice was issued is a person who acquired, as a going concern, a business or undertaking or any part of a business or undertaking of a designated entity, direct the person to transfer or dispose of all or any part of the business or undertaking within the time, and subject to any conditions, that the Minister considers appropriate; ( d ) if the person to whom the validation notice was issued is a person who ceased to be a Level Y controller or Level Z controller of a designated entity, direct the person to take any steps that are necessary, within the period specified by the Minister, to resume being a Level Y controller or Level Z controller, as the case may be; ( e ) make any other direction that the Minister considers appropriate. (3) Before issuing any direction to a person under subsection (2), the Minister must — ( a ) unless the Minister decides that it is not practicable or desirable to do so, give the person written notice of the Minister’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and ( b ) consider every written representation from the person received on or before the date specified under paragraph ( a ). (4) The Minister may, at any time, revoke, vary or discharge any direction under subsection (2), or suspend the operation of any such direction. (5) A person who fails to comply with a direction under subsection (2) (including a direction that is varied under subsection (4)) within the period specified by the Minister, shall be guilty of an offence.


document_id: sira-2024
provision_ref: s25
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 25
title: Effect of remedial directions, etc.
content:
25. —(1) If any direction is issued under section 22(2), 23(2) or 24(2) and has not been carried out, revoked, discharged or suspended — ( a ) the voting rights in respect of the section 22(2) equity interests, section 23(2) equity interests or section 24(2) equity interests that are subject to the direction are not exercisable, unless the Minister expressly permits those rights to be exercised; ( b ) the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the designated entity is not exercisable, unless the Minister expressly permits that power to be exercised; ( c ) no equity interest in the designated entity is to be issued or offered (whether by way of dividends, rights, bonus or otherwise) in respect of the section 22(2) equity interests, section 23(2) equity interests or section 24(2) equity interests that are subject to the direction, unless the Minister expressly permits that issue or offer; and ( d ) no amount may be paid (whether by way of dividends, profits, income or otherwise) in respect of the section 22(2) equity interests, section 23(2) equity interests or section 24(2) equity interests that are subject to the direction, unless the Minister expressly authorises that payment. (2) Subsection (1) and any direction issued under section 22(2), 23(2) or 24(2) have effect, despite — ( a ) the provisions of any other written law; ( b ) anything in any listing rules as defined in section 2(1) of the Securities and Futures Act 2001; and ( c ) the provisions of the memorandum or articles of association, trust deed or other constitution of the designated entity in question. (3) Any issue or offer of equity interests in contravention of subsection (1)( c ) is void. (4) Any payment made in contravention of subsection (1)( d ) is void. (5) Subsection (1)( d ) does not apply in the event of the winding up, dissolution or termination of the designated entity, as the case may be. Division 3 &#x2014; Restrictions on winding up, etc.,
of designated entities


document_id: sira-2024
provision_ref: s26
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 26
title: Restrictions on voluntary winding up, etc.
content:
26. —(1) Despite any other written law — ( a ) a designated entity that is a corporation or limited liability partnership cannot be wound up voluntarily without the consent of the Minister; ( b ) a designated entity that is a partnership cannot be dissolved — (i) by a partner giving notice to the other partner or partners (as the case may be) of the partner’s intention to dissolve the partnership; or (ii) by the partners agreeing to dissolve the partnership, without the consent of the Minister; ( c ) a designated entity that is a business trust cannot be wound up voluntarily without the consent of the Minister; ( d ) a designated entity that is a trust (other than a business trust) cannot be wound up or terminated voluntarily without the consent of the Minister; ( e ) a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated entity that is a corporation, unless that person has served 14 days’ notice in writing of that person’s intention to make that application on the Minister; ( f ) no judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 may be made in relation to a designated entity that is a corporation without the consent of the Minister; ( g ) no interim judicial manager or judicial manager may be appointed under section 94 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of a designated entity that is a corporation without the consent of the Minister; ( h ) a person must not take any step to enforce any security over — (i) the property of a designated entity; or (ii) in the case of a designated entity that is a trust (including a business trust) — the trust property of the trust, unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Minister; and ( i ) a person must not take any step to execute or enforce any judgment or order of court obtained against a designated entity unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Minister. (2) The Minister must be a party to — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated entity that is a corporation; ( b ) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated entity that is a corporation; ( c ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a designated entity that is a company or an unregistered company; ( d ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of a designated entity that is a limited liability partnership; and ( e ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of any designated entity that is an entity not mentioned in paragraph ( c ) or ( d ). (3) A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the Minister in those proceedings. Division 4 &#x2014; Control of officers of designated entities


document_id: sira-2024
provision_ref: s27
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 27
title: Approval of chief executive officer, director, etc., of designated entity
content:
27. —(1) Subject to subsections (5) and (6) — ( a ) an individual may not be appointed as a chief executive officer, director, or chairperson of the board of directors of a designated entity that is a corporation; ( b ) an individual may not be appointed as a manager, or become a partner, of a designated entity that is a limited liability partnership; and ( c ) an individual may not become a partner of a designated entity that is a partnership, without the Minister’s approval upon an application made by the designated entity concerned. (2) An application under subsection (1) must be made in the form and manner prescribed. (3) Without affecting any other matter that the Minister may consider relevant, the Minister may, in determining whether to grant his or her approval under subsection (4), have regard to any criteria that the Minister may specify by written notice to the designated entity. (4) The Minister may — ( a ) approve the application under subsection (1), with or without conditions; or ( b ) refuse the application. (5) If a designated entity that is a corporation has obtained the Minister’s approval under subsection (4)( a ) to appoint an individual as the designated entity’s chief executive officer, director, or chairperson of the board of directors, the individual may, without the Minister’s approval, be re‑appointed as chief executive officer, director, or chairperson of the board of directors (as the case may be) of the designated entity immediately upon the expiry of the individual’s term of appointment. (6) If a designated entity that is a limited liability partnership has obtained the Minister’s approval under subsection (4)( a ) to appoint an individual as the designated entity’s manager, the individual may, without the Minister’s approval, be re‑appointed as manager of the designated entity immediately upon the expiry of the individual’s term of appointment. (7) A designated entity that, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence.


document_id: sira-2024
provision_ref: s28
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 28
title: Removal of chief executive officer, director, etc.
content:
28. —(1) This section applies if — ( a ) an individual has been appointed by a designated entity as a chief executive officer, director, chairperson of the board of directors or manager, or becomes a partner of a designated entity, without the approval of the Minister under section 27(4)( a ); ( b ) any condition of approval of an application under section 27(1) has been breached; or ( c ) the Minister considers it necessary in the interest of Singapore’s national security that any individual appointed as chief executive officer, director, chairperson of the board of directors or manager, or that becomes a partner of a designated entity, should not act as such chief executive officer, director, chairperson, manager or partner (as the case may be) of the designated entity. (2) If this section applies, the Minister may (despite the provisions of any other written law) by written notice direct the designated entity to remove the individual within the period specified by the Minister in the notice — ( a ) from employment with the designated entity; ( b ) as chief executive officer, director, or chairperson of the board of directors, of the designated entity; or ( c ) as manager or partner of the designated entity. (3) Before directing a designated entity to remove an individual under subsection (2), the Minister must give both the designated entity and the individual an opportunity to be heard. (4) The Minister may at any time, by written notice to a designated entity, require the designated entity to notify the Minister of any change to any particulars (such as but not limited to residence in Singapore or elsewhere, or nature of appointment) of its chief executive officer, director, chairperson of the board of directors, manager or partner specified in the notice. (5) A designated entity that, without reasonable excuse, fails to comply with a written notice under subsection (2) shall be guilty of an offence. (6) A designated entity that, without reasonable excuse, contravenes any requirement imposed under subsection (4), shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (7) No civil or criminal liability is incurred by a designated entity, or any person acting on behalf of the designated entity, in respect of anything done (including any notification made) or omitted to be done with reasonable care and in good faith in the discharge or purported discharge of the obligations of the designated entity under this section. Division 5 &#x2014; Special administration order


document_id: sira-2024
provision_ref: s29
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 29
title: Meaning and effect of special administration order
content:
29. —(1) A special administration order is an order of the Minister, made in accordance with section 30, in relation to a designated entity directing that during the period the order is in force, the affairs, business and property of that designated entity are to be managed by a person appointed by the Minister (which may be the competent authority or an appointed authority) — ( a ) for securing one or more of the purposes specified in subsection (2); and ( b ) in a manner that protects the interests of the shareholders, unitholders or beneficiaries (as the case may be), and the creditors, of the designated entity. (2) For the purposes of subsection (1)( a ), the purposes are — ( a ) the security and reliability of the business, undertaking or activities of the designated entity in Singapore; ( b ) the survival of the designated entity of the whole or any part of its business or undertaking, as a going concern; ( c ) the transfer to another person, or (as respects different parts of its business or undertaking) to 2 or more different persons, as a going concern, of so much of the business or undertaking of the designated entity as is necessary to ensure that the obligations of the designated entity in carrying out its business, undertaking or activities may be properly carried out; and ( d ) the carrying out of the obligations of the designated entity under or in respect of the business, undertaking or activities of the designated entity pending the making of the transfer, as a going concern, of the business or undertaking of the designated entity to any other person or persons. (3) The Minister may make regulations under section 57 for giving effect to this Division, including — ( a ) regulations governing the transfer of a business or undertaking of a designated entity mentioned in subsection (2)( c ); and ( b ) if a special administration order is made, regulations for applying, omitting or modifying the provisions of Part 7 of the Insolvency, Restructuring and Dissolution Act 2018.


document_id: sira-2024
provision_ref: s30
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 30
title: Power to make special administration order, etc.
content:
30. —(1) If the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to that designated entity, the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to that designated entity; ( b ) an order requiring — (i) the designated entity; (ii) in the case of a designated entity that is a business trust — the trustee‑manager of the business trust; or (iii) in the case of a designated entity that is a trust other than a business trust — the trustee of the trust, to immediately take any action or to do or not do any act or thing in relation to the business or undertaking of the designated entity that the Minister considers necessary; ( c ) an order appointing a person to advise — (i) the designated entity; (ii) in the case of a designated entity that is a business trust — the trustee‑manager of the business trust; or (iii) in the case of a designated entity that is a trust other than a business trust — the trustee of the trust, in the proper conduct of the business or undertaking of the designated entity. (2) For the purposes of subsection (1), the grounds specified are the following: ( a ) the Minister considers it to be in the interest of the security and reliability of the carrying on of the business, undertaking or activities of the designated entity; ( b ) the Minister considers it to be in the interest of Singapore’s national security. (3) The Minister may make a special administration order in relation to a designated entity despite the commencement of (as applicable) — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated entity, being a corporation; ( b ) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated entity, being a corporation; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the designated entity, being a corporation; ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the designated entity, being a company or an unregistered company; ( e ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of the designated entity, being a limited liability partnership; or ( f ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the designated entity, being an entity not mentioned in paragraph ( d ) or ( e ). (4) Notice of any order under subsection (1) must be given immediately by the Minister to any persons, and in any manner, determined by the Minister. (5) The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses of a person appointed by an order under subsection (1)( c ) to be paid by — ( a ) the designated entity; ( b ) if the designated entity is a business trust — the trustee‑manager of the business trust; or ( c ) if the designated entity is a trust other than a business trust — the trustee of the trust. (6) If — ( a ) the Minister issues an order under subsection (1) to — (i) a designated entity; (ii) the trustee‑manager of the business trust (in the case of a designated entity that is a business trust); or (iii) the trustee of the trust (in the case of a designated entity that is a trust other than a business trust); and ( b ) the designated entity, the trustee‑manager of the business trust, or the trustee of the trust (as the case may be) fails to comply with that order, the designated entity, the trustee‑manager of the business trust, or the trustee of the trust (as the case may be) shall be guilty of an offence.


document_id: sira-2024
provision_ref: s31
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 31
title: Transfer of property, etc., under special administration order
content:
31. —(1) Without limiting sections 29 and 30, a special administration order may provide for the following matters: ( a ) the transfer to one or more prescribed transferees of — (i) the property, rights and liabilities of a designated entity; (ii) in the case of a designated entity that is a business trust — the property of the business trust, and the rights held and the liabilities incurred by the trustee‑manager of the business trust in its capacity as trustee‑manager of the business trust; or (iii) in the case of a designated entity that is a trust other than a business trust — the property of the trust, and the rights held and the liabilities incurred by the trustee of the trust in his or her capacity as trustee of the trust, to one or more prescribed transferees; ( b ) matters that are consequential or related to any such transfer. (2) If the Minister makes a special administration order providing for any matter mentioned in subsection (1), the Minister must, within the period specified in subsection (4), by notification in the Gazette , establish a scheme for determining the amount of any compensation payable by the prescribed transferee to the designated entity, the trustee‑manager of the business, or the trustee of the trust (as the case may be) for the transfer of the property, rights and liabilities. (3) A scheme established under subsection (2) may provide for — ( a ) the manner in which any compensation or consideration is to be assessed, including methods of calculation, valuation dates and matters to be taken into account or disregarded when making valuations; ( b ) the assessment to be made by an independent valuer appointed by the Minister; and ( c ) the remuneration and expenses of the independent valuer. (4) Subject to subsection (5), the period specified for the purposes of subsection (2) is — ( a ) within 6 months after the date of the making of the special administration order; or ( b ) if an application for reconsideration of the making of the special administration order has been made under section 38(1) and the Minister makes an order under section 38(3)( b ) or ( c ) — (i) if no appeal is made against the order made under section 38(3)( b ) or ( c ) — within 6 months after the date on which the order under section 38(3)( b ) or ( c ) is made; or (ii) if an appeal is made against the order made under section 38(3)( b ) or ( c ) and the Reviewing Tribunal dismisses the appeal under section 43(3)( a ) — within 6 months after the date on which the Reviewing Tribunal dismisses the appeal. (5) The period specified in subsection (4) may be extended by agreement of the prescribed transferee and the designated entity, the trustee‑manager of the business trust, or the trustee of the trust, as the case may be. (6) In this section, “prescribed transferee” means — ( a ) the competent authority; ( b ) an appointed authority; or ( c ) a person nominated by the Minister. Division 6 &#x2014; National security interests directions


document_id: sira-2024
provision_ref: s32
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 32
title: Directions if national security interests affected
content:
32. —(1) This section applies to any entity that satisfies any of the following conditions: ( a ) the entity is incorporated, formed or established in Singapore; ( b ) the entity carries out any activity in Singapore; ( c ) the entity provides any goods and services to any person in Singapore. (2) This section applies if — ( a ) a person ( X ) — (i) acquires any equity interest in the entity; (ii) acquires control of any voting power in the entity; (iii) disposes of any equity interest in the entity; (iv) disposes of control of any voting power in the entity; (v) becomes an indirect controller of the entity; or (vi) acquires the business or undertaking, or any part of the business or undertaking, of the entity, (each called in this section the transaction); and ( b ) that entity has acted against the national security interests of Singapore within a period of 2 years after the transaction. (3) If this section applies, the Minister may, within a period of 2 years and 30 days after the transaction, publish a notice in the Gazette (called in this Act a review notice) — ( a ) describing the transaction to which the notice relates; ( b ) stating X ’s name and the name of the entity; and ( c ) stating that the Minister is reviewing the transaction. (4) The Minister may cancel a review notice at any time by publishing a notice in the Gazette to that effect. (5) When the Minister has published, and has not cancelled, a review notice in relation to an entity, the Minister may at any time — ( a ) direct the transfer or disposal (whether generally or to a specified person) of all or any of the equity interests in the entity held by X or any of X ’s associates (called in this section and section 33 the section 32(5) equity interests), within the period, and subject to any conditions, that the Minister considers appropriate; ( b ) direct that the transfer or disposal of all or any of the section 32(5) equity interests be restricted, subject to any conditions that the Minister considers appropriate; ( c ) direct X to transfer or dispose (whether generally or to a specified person) of the control of voting power in the entity, within the period, and subject to any conditions, that the Minister considers appropriate; ( d ) direct — (i) the entity; (ii) in the case of an entity that is a business trust — the trustee‑manager of the business trust; or (iii) in the case of an entity that is a trust other than a business trust — the trustee of the trust, to take any steps that are necessary, within the period specified by the Minister, to cause X to cease to have control of any voting power in the entity or to be an indirect controller of the entity, as the case may be; ( e ) direct X to transfer or dispose (whether generally or to a specified person) of all or any part of the business or undertaking, within the period, and subject to any conditions, that the Minister considers appropriate; ( f ) direct — (i) the entity; (ii) in the case of an entity that is a business trust — the trustee‑manager of the business trust; or (iii) in the case of an entity that is a trust other than a business trust — the trustee of the trust, to restrict the disclosure of any information relating to the affairs of the entity to any person; or ( g ) make any other direction that the Minister considers appropriate. (6) Before issuing any direction to a person under subsection (5), the Minister must — ( a ) unless the Minister decides that it is not practicable or desirable to do so, give the person written notice of the Minister’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and ( b ) consider every written representation from the person received on or before the date specified under paragraph ( a ). (7) The Minister may, at any time, revoke, vary or discharge any direction under subsection (5) or suspend the operation of any such direction. (8) A person who fails to comply with a direction under subsection (5) (including a direction that is varied under subsection (7)) within the period specified by the Minister, shall be guilty of an offence. (9) For the purposes of subsection (2)( b ), a certificate issued by the Minister charged with the responsibility for internal security, stating that that Minister is satisfied that the entity mentioned in the certificate has acted against the national security interests of Singapore, is conclusive evidence that the entity has so acted.


document_id: sira-2024
provision_ref: s33
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 33
title: Effect of directions issued if Singapore’s national security interests affected
content:
33. —(1) If any direction is issued under section 32(5), then, until the direction is carried out or is revoked, discharged or suspended — ( a ) the voting rights in respect of the section 32(5) equity interests are not exercisable, unless the Minister expressly permits those rights to be exercised; ( b ) the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the entity is not exercisable, unless the Minister expressly permits that power to be exercised; ( c ) no equity interest in the entity is to be issued or offered (whether by way of dividends, rights, bonus or otherwise) in respect of the specified equity interests, unless the Minister expressly permits that issue or offer; and ( d ) no amount may be paid (whether by way of dividends, profits, income or otherwise) in respect of the section 32(5) equity interests, unless the Minister expressly authorises that payment. (2) Subsection (1) and any direction issued under section 32(5) have effect, despite — ( a ) the provisions of any other written law; ( b ) anything in any listing rules as defined in section 2(1) of the Securities and Futures Act 2001; and ( c ) the provisions of the memorandum or articles of association, trust deed or other constitution of the designated entity in question. (3) Any issue or offer of equity interests in contravention of subsection (1)( c ) is void. (4) Any payment made in contravention of subsection (1)( d ) is void. (5) Subsection (1)( d ) does not apply in the event of a winding up, dissolution or termination of the entity, as the case may be. Division 7 &#x2014; General provisions relating to
information gathering and penalties


document_id: sira-2024
provision_ref: s34
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 34
title: Power of Minister to obtain information relating to this Part
content:
34. —(1) The Minister, the competent authority, or an appointed authority (called in this section the requesting authority) may, by written notice — ( a ) direct any entity to provide to the requesting authority any information relating to any holding of equity interests or control of voting power in the entity for the purposes of this Part; or ( b ) direct any entity to obtain from any of its shareholders, partners, unitholders or beneficiaries (as the case may be) (called in this section a relevant person) and to provide to the requesting authority, any information relating to the relevant person that may be required to ascertain or investigate into any holding of equity interests or control of voting power in the entity for the purposes of this Part. (2) Without limiting subsection (1)( b ), the notice in that subsection may require the entity to obtain and provide the following information: ( a ) whether the relevant person holds an equity interest in the entity, as beneficial owner or as trustee; ( b ) if the relevant person holds the equity interest in the entity as trustee, to indicate as far as that relevant person is able to — (i) the person for whom that relevant person holds the interest (either by name or by other particulars sufficient to enable that person to be identified); and (ii) the nature of that person’s interest. (3) The requesting authority may, by written notice, require any shareholder, partner, unitholder or beneficiary (as the case may be) ( X ) of any entity, or any person ( Y ) that appears from information provided under this subsection or subsection (1) to hold an equity interest in the entity, to provide to the requesting authority any information relating to X or Y (as the case may be) that may be required for the purpose of ascertaining or investigating into any holding of equity interests or control of voting power in the entity. (4) Without limiting subsection (3), the notice in that subsection may require X or Y to provide the following information: ( a ) whether X or Y holds the equity interest in the entity as beneficial owner or as trustee; ( b ) if X or Y holds the equity interest in the entity as trustee, to indicate as far as X or Y can — (i) the person ( Z ) for whom X or Y holds the equity interest (either by name or by other particulars sufficient to enable Z to be identified); and (ii) the nature of Z ’s equity interest; ( c ) whether any equity interests or voting power is the subject of an agreement or arrangement described in section 15(1)( r ) and, if so, to give particulars of the agreement or arrangement and the parties to it. (5) A person that — ( a ) fails to comply with a written notice under subsection (1) or (3); ( b ) in purported compliance with such notice, knowingly or recklessly provides any document or information that is false or misleading in a material particular; or ( c ) intentionally alters, suppresses or destroys any document or information which the person has been required by such notice to provide, shall be guilty of an offence and shall be liable on conviction — ( d ) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; or ( e ) in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: sira-2024
provision_ref: s35
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 35
title: Provision of documents and other information
content:
35. —(1) Without limiting section 34, the Minister, the competent authority, or an appointed authority (called in this section the requesting authority) may by notice require any person to provide, within a reasonable period specified in the notice, all documents and information relating to any matter as are reasonably required by the requesting authority to carry out the functions or duties assigned to the requesting authority by or under this Act, which are within the knowledge of that person or are in that person’s custody or under that person’s control. (2) The power to require a person to provide any document or information under subsection (1) includes the power — ( a ) to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person to state, to the best of that person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the requesting authority in legible form. (3) A person who, without reasonable excuse, fails to comply with a notice under subsection (1) shall be guilty of an offence. (4) A person who — ( a ) intentionally alters, suppresses or destroys any document or information which the person is required by a notice under subsection (1) to provide; or ( b ) in providing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement, shall be guilty of an offence. (5) If a person fails to comply with a notice under subsection (1), the court may, on the application of the requesting authority, make any order that the court thinks fit to secure compliance with the notice and any such order may provide that all the costs or expenses of and incidental to the application are to be borne by such person or by any officer of an entity who is responsible for the failure. (6) The requesting authority through an authorised officer may, at any time after the expiry of the period specified in the notice mentioned in subsection (1), enter any building or place where the requesting authority has reason to believe that any document or information, in respect of which the requesting authority has given the notice, may be found, and seize or take extracts or copies of any such document or information. (7) The requesting authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to it under subsection (1) or obtained under subsection (6). (8) Except in the performance of the person’s functions or duties or when required to do so by any court or under any written law, no person who is or has been a member, an officer, an employee or an agent of the requesting authority or a member of a committee of the requesting authority may disclose any information relating to the affairs of the requesting authority or of any other person which has been obtained by the person in the performance of the person’s functions or duties. (9) A person who contravenes subsection (8) shall be guilty of an offence. (10) A person who is guilty of an offence under subsection (3), (4) or (9) shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case, to a fine not exceeding $100,000.


document_id: sira-2024
provision_ref: s36
chapter: PART 3 - CONTROL OF DESIGNATED ENTITIES
section: 36
title: Penalties under this Part
content:
36. —(1) A person who is guilty of an offence under this Part for which no penalty is expressly provided shall be liable on conviction — ( a ) if the offender is an individual — (i) to a fine not exceeding — (A) in the case of an offence under section 18(3), 19(10), 20(2) or 21(11), or an offence under section 32(8) if the offender is a person mentioned in section 32(2)( a ), the higher of the following amounts: (AA) the transaction value; (AB) $500,000; or (B) in any other case, $500,000; or (ii) to imprisonment for a term not exceeding 3 years, or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or ( b ) if the offender is not an individual, to a fine not exceeding — (i) in the case of an offence under section 18(3), 19(10), 20(2) or 21(11), or an offence under section 32(8) if the offender is a person mentioned in section 32(2)( a ), the higher of the following amounts: (A) the transaction value; (B) $1 million; or (ii) in any other case, the higher of the following amounts: (A) 10% of the annual turnover of the offender’s business; (B) $1 million, and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (2) For the purposes of this section — ( a ) the transaction value is — (i) in the case of an offence under section 18(3) — if the offender became a Level A controller of a designated entity by acquiring any equity interest or voting power in any entity — the value of the consideration for that acquisition; (ii) in the case of an offence under section 19(10) — (A) the value of the consideration for the acquisition of any equity interests or voting power in any entity by which the offender became a Level B controller, Level C controller, Level D controller or indirect controller of a designated entity; (B) the value of the consideration for the transfer or disposal of any equity interests or voting power in any entity by which the offender ceased to be a Level Y controller or Level Z controller of a designated entity; or (C) the value of the consideration for the acquisition by the offender of the business or undertaking, or the part of the business or undertaking, as a going concern; (iii) in the case of an offence under section 20(2) — (A) the value of the consideration for the acquisition of any equity interests or voting power in any entity by which a person became a Level A controller, Level B controller, Level C controller, Level D controller or indirect controller of the relevant designated entity; (B) the value of the consideration for the transfer or disposal of any equity interests or voting power in any entity by which a person ceased to be a Level Y controller or Level Z controller of the relevant designated entity; or (C) the value of the consideration for the acquisition of the business or undertaking, or part of the business or undertaking, of the relevant designated entity acquired by a person; (iv) in the case of an offence under section 21(11) — if the offender is a party to the transaction to which the validation notice relates (being an acquisition, transfer or disposal mentioned in sub‑paragraph (ii)(A), (B) or (C)) — the value of that transaction determined in the manner set out in sub‑paragraph (ii)(A), (B) or (C); or (v) in the case of an offence under section 32(8) — if the offender is the person mentioned in section 32(2)( a ), the value of the consideration for the acquisition or disposal mentioned in section 32(2)( a )(i), (ii), (iii), (iv) or (vi); and ( b ) the annual turnover of a person’s business is ascertained from the person’s latest audited accounts. (3) To avoid doubt, the value of a transaction that is void under section 21(1) or (12) is to be determined as if the transaction were not void.


document_id: sira-2024
provision_ref: s37
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 37
title: Interpretation of this Part
content:
37. In this Part — “appealable decision” means any of the following decisions of the Minister: ( a ) a designation of an entity under section 17(1); ( b ) a refusal to approve an application for approval under section 19(1), (3) or (4); ( c ) a condition imposed under section 19(8); ( d ) a refusal to issue a validation notice under section 21(3)( a ); ( e ) a condition imposed under section 21(8); ( f ) a direction under section 22(2), 23(2) or 24(2); ( g ) a refusal to approve an application under section 27(4)( b ); ( h ) a direction of removal under section 28(2); ( i ) a decision to make any order under section 30(1); ( j ) a direction under section 32(5) or a variation of a direction under section 32(7); “appellant” means the following in relation to an appealable decision: ( a ) the designated entity, if the appealable decision is within paragraph ( a ) of the definition of “appealable decision”; ( b ) the person who applied for approval under section 19(1), (3) or (4), if the appealable decision is within paragraph ( b ) of the definition of “appealable decision”; ( c ) the person on whom the condition was imposed under section 19(8), if the appealable decision is within paragraph ( c ) of the definition of “appealable decision”; ( d ) the person who applied for the validation notice under section 21(2), if the appealable decision is within paragraph ( d ) of the definition of “appealable decision”; ( e ) the person on whom the condition was imposed under section 21(8), if the appealable decision is within paragraph ( e ) of the definition of “appealable decision”; ( f ) the person to whom the direction was issued under section 22(2), 23(2) or 24(2), if the appealable decision is within paragraph ( f ) of the definition of “appealable decision”; ( g ) the designated entity who applied for approval under section 27(1), if the appealable decision is within paragraph ( g ) of the definition of “appealable decision”; ( h ) the individual in relation to whom the application for appointment was refused under section 27(4)( b ), if the appealable decision is within paragraph ( g ) of the definition of “appealable decision”; ( i ) the individual who was removed under section 28(2), if the appealable decision is within paragraph ( h ) of the definition of “appealable decision”; ( j ) the person affected by the order under section 30(1), if the appealable decision is within paragraph ( i ) of the definition of “appealable decision”; ( k ) the person to whom the direction was issued under section 32(5) or in relation to whom the direction was varied under section 32(7), if the appealable decision is within paragraph ( j ) of the definition of “appealable decision”; ( l ) any other person aggrieved by the appealable decision.


document_id: sira-2024
provision_ref: s38
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 38
title: Reconsideration by Minister of appealable decision
content:
38. —(1) An appellant may apply to the Minister for reconsideration of an appealable decision (called in this Part the initial appealable decision). (2) An appellant must apply under subsection (1) — ( a ) in a prescribed manner; and ( b ) before the time specified in the initial appealable decision, being a time that must not be later than the 14th day after the initial appealable decision was given to the appellant. (3) Upon receiving an application under subsection (1) for reconsideration, the Minister must — ( a ) wholly cancel the initial appealable decision; ( b ) substitute the initial appealable decision, with another appealable decision (called in this Part the substitute appealable decision) that the Minister might have made under this Act; or ( c ) affirm the initial appealable decision. (4) When a substitute appealable decision is made by the Minister under subsection (3)( b ), the Minister must immediately give the appellant the substitute appealable decision in the same manner as the initial appealable decision. (5) When an initial appealable decision is cancelled by the Minister under subsection (3)( a ) or affirmed under subsection (3)( c ), or a substitute appealable decision is made under subsection (3)( b ), the Minister must give notice (as the case may be) of — ( a ) the cancellation or affirmation (as the case may be) to every person given the initial appealable decision; or ( b ) the making of a substitute appealable decision to the appellant who applied for reconsideration of the initial appealable decision. (6) There is to be no further reconsideration after a decision under subsection (3). (7) An application to reconsider the Minister’s initial appealable decision does not affect the operation of that decision or prevent the taking of action to implement that decision, and the initial appealable decision to be reconsidered must be complied with unless the determination of the reconsideration indicates otherwise.


document_id: sira-2024
provision_ref: s39
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 39
title: Appeal to Reviewing Tribunal
content:
39. —(1) Subject to subsection (2) and section 44(1), an appellant who is aggrieved by an initial appealable decision affirmed on reconsideration under section 38 or a substitute appealable decision made on reconsideration under section 38 may, on payment of such fee as may be prescribed, appeal to a Reviewing Tribunal in accordance with this Part. (2) No appeal may be made under this Part to a Reviewing Tribunal unless the appellant has first applied under section 38(1) to the Minister to reconsider the initial appealable decision and the Minister has substituted or affirmed that decision under section 38(3). (3) An initial appealable decision affirmed on reconsideration under section 38 continues to take effect despite any appeal under subsection (1) against the decision and remains in effect until the decision is reversed on appeal. (4) A substitute appealable decision made on reconsideration under section 38 takes effect despite any appeal under subsection (1) against the decision and remains in effect until the decision is reversed on appeal.


document_id: sira-2024
provision_ref: s40
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 40
title: Reviewing Tribunals — composition
content:
40. —(1) One or more bodies each called a Reviewing Tribunal is established by this section. (2) Every Reviewing Tribunal consists of 3 individuals, each of whom is appointed by the President on the advice of the Cabinet subject to subsections (3) and (4). (3) An individual must not be, or be appointed as, a member of any Reviewing Tribunal if he or she is not a citizen of Singapore. (4) The chairperson of every Reviewing Tribunal must be a Supreme Court Judge. (5) A member of a Reviewing Tribunal must vacate office at the end of a period of 3 years starting the day of his or her appointment, but is eligible for reappointment. (6) A member of a Reviewing Tribunal may resign his or her office by giving notice in writing to the President. (7) In the performance of his or her functions and duties under this Act, the members of a Reviewing Tribunal each have the same protection and immunity as a Judge of the High Court. (8) The proceedings of a Reviewing Tribunal are deemed to be judicial proceedings and every member of the Reviewing Tribunal is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: sira-2024
provision_ref: s41
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 41
title: Reviewing Tribunal — remuneration and other terms
content:
41. —(1) The Minister may pay to the members of a Reviewing Tribunal out of moneys provided by Parliament any remuneration or allowances that the Minister may, with the approval of the President, fix. (2) The remuneration and other terms of service of each member of a Reviewing Tribunal must not be altered to his or her disadvantage during his or her continuance in office as such.


document_id: sira-2024
provision_ref: s42
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 42
title: Reviewing Tribunal — resources
content:
42. —(1) All expenses of every Reviewing Tribunal are to be defrayed out of moneys provided by Parliament. (2) The Minister must appoint a Secretary to the Reviewing Tribunals and any other public officers that are necessary for a Reviewing Tribunal to discharge its functions under this Act.


document_id: sira-2024
provision_ref: s43
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 43
title: Reviewing Tribunal — function
content:
43. —(1) It is the function and duty of every Reviewing Tribunal to consider and determine any appeal made under section 39 and served on the Secretary to the Reviewing Tribunals. (2) A Reviewing Tribunal may summarily dismiss any appeal which it determines to be frivolous or vexatious. (3) A Reviewing Tribunal may determine an appeal made to the Reviewing Tribunal by — ( a ) dismissing the appeal and confirming the decision appealed against; or ( b ) revoking the decision appealed against. (4) Every Reviewing Tribunal has to carry out its work expeditiously. (5) A Reviewing Tribunal’s decision under subsection (3) is final.


document_id: sira-2024
provision_ref: s44
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 44
title: Procedure before Reviewing Tribunal
content:
44. —(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal that is made more than 30 days after the Minister affirmed the initial appealable decision or substituted the initial appealable decision with the substitute appealable decision (as the case may be) upon reconsideration under section 38(3). (2) A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence from the Minister whose decision is appealed against, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that — ( a ) the appellant is not a person entitled to appeal under section 39; ( b ) the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious, which may include taking into account whether the appellant has habitually and persistently, and without any reasonable ground, made vexatious appeals to the Reviewing Tribunal; or ( c ) the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of rules made under section 45 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those rules. (3) Subject to rules made under section 45, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 39 made to or before the Reviewing Tribunal.


document_id: sira-2024
provision_ref: s45
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 45
title: Rules for Reviewing Tribunal proceedings
content:
45. —(1) Rules may be made by the Minister to prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings or appeal (including, if applicable, the mode and burden of proof and the admissibility of evidence) before a Reviewing Tribunal. (2) In particular, the rules made under subsection (1) may include — ( a ) requiring persons making an appeal to take any preliminary steps, and to make any disclosures, that may be specified in the rules for the purpose of facilitating a determination whether the making of the appeal is frivolous or vexatious; ( b ) enabling or requiring a Reviewing Tribunal to hear or consider any proceedings or appeal without the person who brought the appeal having been given full particulars of the reasons for any conduct which is the subject of the proceedings or appeal; ( c ) the need to secure that matters which are the subject of proceedings or appeals brought before or made to a Reviewing Tribunal are properly heard and considered; ( d ) prescribing the circumstances and manner in which appeals in relation to the same decision, or involve the same or similar issues, may be consolidated or heard together; ( e ) enabling or requiring a Reviewing Tribunal to take any steps in exercise of their jurisdiction in the absence of any person (including the person bringing the proceedings or making the appeal and any legal representative of the person); ( f ) enabling or requiring a Reviewing Tribunal to give a summary of any evidence taken in its absence to the person by whom the proceedings were brought or (as the case may be) to the person who made the appeal; ( g ) securing that information is not disclosed to an extent, or in a manner, that is contrary to the national security interests of Singapore, the prevention or detection of serious crime, the economic wellbeing of Singapore or the continued discharge of the functions of any of the intelligence services of Singapore; and ( h ) providing for the manner in which the interests of a person who has made an appeal under section 39 are to be represented, such as for the appointment in accordance with the rules, by such person as may be determined in accordance with the rules, of a person to represent those interests. (3) All rules made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: sira-2024
provision_ref: s46
chapter: PART 4 - RECONSIDERATION, APPEALS
section: 46
title: Limited judicial review
content:
46. —(1) Every determination, order and other decision of a Reviewing Tribunal or any Minister (including a certificate issued under section 32(9)) made or purportedly made under this Act — ( a ) is final; and ( b ) is not to be challenged, appealed against, reviewed, quashed or called in question in any court, except in regard to any question relating to compliance with any procedural requirement of this Act or the regulations or rules governing that determination, order and other decision. (2) A determination, an order and other decision includes a determination, an order and other decision purportedly made, proposed to be made, or required to be made, under this Act or any regulations or rules if there were not an excess of jurisdiction or a failure to exercise jurisdiction, in the making of the determination, order or other decision.


document_id: sira-2024
provision_ref: s47
chapter: PART 5 - ENFORCEMENT
section: 47
title: Purposes for which enforcement powers are exercisable
content:
47. —(1) An authorised officer or a police officer may exercise the powers set out in section 48 for any of the following purposes: ( a ) to determine compliance with this Act, including whether an offence under this Act has been committed; ( b ) to determine compliance with any condition of designation of a designated entity; ( c ) to determine compliance with any direction, notice or order issued under this Act; ( d ) to determine whether information provided to the Minister, a relevant Minister, the competent authority, an appointed authority or an authorised officer under a provision of this Act is correct. (2) A police officer may exercise the powers set out in sections 48, 49 and 50 for the purpose of determining whether there is any ground for taking action against any person under section 32, including — ( a ) whether any person has — (i) acquired any equity interest in any entity; (ii) acquired control of any voting power in any entity; (iii) disposed of any equity interest in any entity; (iv) disposed of control of any voting power in any entity; (v) become an indirect controller of any entity; or (vi) acquired the business or undertaking, or any part of the business or undertaking, of any entity; and ( b ) whether any entity has acted against the national security interests of Singapore. (3) For the purposes of this Part — ( a ) a Commercial Affairs Officer appointed under section 64(1) of the Police Force Act 2004 may — (i) exercise the powers conferred on a police officer by section 48 for any of the purposes mentioned in subsection (1); and (ii) exercise the powers conferred on a police officer by sections 48, 49 and 50 for the purpose mentioned in subsection (2); and ( b ) a reference in sections 48, 49, 50 and 52 to a police officer includes a reference to a Commercial Affairs Officer.


document_id: sira-2024
provision_ref: s48
chapter: PART 5 - ENFORCEMENT
section: 48
title: Power to obtain information
content:
48. —(1) An authorised officer or a police officer may by written notice require any person to provide, within a reasonable period specified in the notice, and in any form and manner that may be specified in the notice, any document or information that — ( a ) relates to any matter that the authorised officer or police officer considers necessary for any of the purposes mentioned in section 47(1) or (2); and ( b ) is — (i) within the knowledge of that person; or (ii) in the custody or under the control of that person. (2) Without limiting subsection (1), an authorised officer or a police officer may require — ( a ) any individual who is or was an officer, employee or agent of any entity; or ( b ) any other individual in Singapore whom the authorised officer or police officer (as the case may be) has reason to believe to be acquainted with any facts or circumstances relevant to any of the purposes mentioned in section 47(1) or (2), to attend before the authorised officer or police officer to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information. (3) The power under subsection (1) or (2) or section 49(2)( g ) to require a person or an individual to provide any document or information includes the power — ( a ) to require that person, or any individual who is or was an officer or agent or a representative of the person, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person or individual to state, to the best of the knowledge and belief of that person or individual, where it is; ( c ) if the document or information is recorded otherwise than in legible form, to require the document or information to be made available to the authorised officer or police officer in legible form; and ( d ) if the document or information is stored in a computer or other electronic device, and the person or individual is reasonably suspected to have knowledge of or access to any username, password or other authentication information required to gain access to the document or information, to require the person or individual to provide assistance (not limited to providing any username, password or other authentication information) to gain access to the computer or electronic device and the document or information therein. (4) The power under subsection (2) or section 49(2)( g ) to require an individual to answer a question includes the power to require the individual to answer the question immediately or at such place and time specified in writing. (5) Any statement made by any individual in answer to a question under subsection (4) must — ( a ) be reduced to writing; ( b ) be read over to the individual; ( c ) if the individual does not understand English, be interpreted in a language that the individual understands; and ( d ) after correction (if necessary), be signed by that individual. (6) An authorised officer or a police officer is entitled without payment to keep any document or information, or any copy or extract thereof, provided to the authorised officer or police officer under subsection (1).


