# legal_provisions

document_id: ca-2004
provision_ref: s95
chapter: PART 7 - TRANSFER OF UNDERTAKINGS
section: 95
title: Interpretation of this Part
content:
95. In this Part, unless the context otherwise requires — “asset”, in relation to the 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; “fair trading functions” means the following functions: ( a ) promoting fair trading among suppliers and consumers and enabling consumers to make informed purchasing decisions in Singapore; ( b ) preventing suppliers in Singapore from engaging in unfair trading practices; ( c ) advising the Government, any public authority or any consumer protection organisation on fair trading matters generally; ( d ) administering and enforcing the Consumer Protection (Fair Trading) Act 2003; “liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly and severally with any other person) of the transferor on the eve of the transfer date; “records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of the transferor existing on the eve of the transfer date; “right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; “transfer date” means 1 April 2018; “transferor” means the Standards, Productivity and Innovation Board established by the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition). [10/2018]


document_id: ca-2004
provision_ref: s96
chapter: PART 7 - TRANSFER OF UNDERTAKINGS
section: 96
title: Transfer of undertakings to Commission
content:
96. —(1) On the transfer date, all the assets and liabilities of the transferor that relate solely or mainly to the fair trading functions are transferred to the Commission. [10/2018] (2) When any asset or liability of the transferor is transferred under subsection (1), the following provisions have effect: ( a ) the asset that is the subject of the transfer vests in the Commission by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liability that is the subject of the transfer becomes by virtue of this section the liability of the Commission; ( c ) all legal or other proceedings relating to that asset or liability 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 Commission; ( d ) any legal or other proceedings relating to that asset or liability which could have been started immediately before the transfer date by or against the transferor (or a predecessor of the transferor) may be started by or against the Commission; ( 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 that asset or liability may be enforced by or against the Commission; ( f ) any document relating to legal or other proceedings relating to that asset or liability that has been served on or by the transferor (or a predecessor of the transferor) before the transfer date is taken, where appropriate, to have been served on or by the Commission; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to that asset or liability by, to or in respect of 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 Commission; ( h ) a reference to the transferor (or a predecessor of the transferor) in any written law, any instrument made under any Act, any contract, agreement, arrangement or undertaking, or any document of any kind, to the extent to which the reference relates to that asset or liability, is taken to be, or to include, a reference to the Commission; ( i ) any agreement relating to that asset or liability and to which the transferor (or a predecessor of the transferor) is a party becomes enforceable by or against the Commission. [10/2018] (3) The operation of this section does not — ( a ) constitute a breach of, or default under, any 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 fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; ( e ) frustrate any contract or cause any contract or instrument to be void or otherwise unenforceable; ( f ) release any surety, other obligor or other obligee wholly or in part from any obligation; or ( g ) constitute an event of breach of, or default under, any contract or other instrument. [10/2018]


document_id: ca-2004
provision_ref: s97
chapter: PART 7 - TRANSFER OF UNDERTAKINGS
section: 97
title: Transfer of employees to Commission
content:
97. —(1) On the transfer date, every employee of the transferor in the Consumer Protection Weights & Measures Division who performs solely or mainly the fair trading functions — ( a ) stops being an employee of the transferor; and ( b ) is each transferred to the service, and becomes an employee, of the Commission on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. [10/2018] (2) A certificate signed by the Minister certifying whether an individual named in the certificate has been transferred to the service of the Commission under subsection (1) is admissible in evidence in any proceedings as proof of the matters stated in the certificate. [10/2018] (3) The transfer of an employee of the transferor to the Commission under subsection (1) — ( a ) does not interrupt continuity of the employee’s service; ( b ) does not constitute a retrenchment or redundancy of the employee’s employment by the transferor; and ( c ) does not entitle the employee to any compensation or other payment or benefit merely because he or she stops being employed by the transferor. [10/2018] (4) Nothing in this section prevents — ( a ) any of the terms and conditions of employment of an individual transferred to the service of the Commission under subsection (1) from being altered by or under any law, award or agreement with effect from any time after the transfer date; and ( b ) an individual transferred to the service of the Commission under subsection (1) from resigning from such service any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. [10/2018] (5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any employee of the transferor to the Commission. [10/2018]


document_id: ca-2004
provision_ref: s98
chapter: PART 7 - TRANSFER OF UNDERTAKINGS
section: 98
title: General preservation of employment terms, etc.
content:
98. —(1) When an employee of the transferor is transferred to the service of the Commission under section 97 (called in this section a transferred employee), the transferred employee’s service with the Commission must be regarded for all purposes as having been continuous with his or her service with the transferor immediately before the transfer date. [10/2018] (2) On the transfer date — ( a ) a transferred employee retains all accrued rights as if his or her employment with the Commission 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 Commission; and ( c ) a reference in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Commission. [10/2018] (3) Until such time as the Commission draws up the terms and conditions of employment for the transferred employee, the Commission is to be regarded as employing the transferred employee on the same terms and conditions of his or her employment with the transferor on the eve of the transfer date. [10/2018] (4) Any term or condition of employment drawn up by the Commission relating to the length of service of the transferred employee with the Commission must recognise the length of service of that employee with the transferor (including any previous service that is taken to be service with the transferor) to be service with the Commission. [10/2018] (5) For any conduct of the transferred employee when he or she was employed by the transferor which would have rendered that employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Commission may — ( a ) start any disciplinary proceedings against the employee; ( b ) carry on and complete any disciplinary proceedings started by the transferor against that employee if those proceedings are pending on the eve of the transfer date; and ( c ) reprimand, reduce in rank, retire, dismiss or otherwise punish the employee as if the Commission were the transferor. [10/2018] (6) Where on the eve of the transfer date, any matter about the conduct of the transferred employee during his or her employment with the transferor concerned — ( a ) was in the course of being heard or investigated by a committee of that transferor acting under due authority; or ( b ) had been heard or investigated, but no order, ruling or direction had been made, by that committee, that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Commission. [10/2018]


document_id: ca-2004
provision_ref: s99
chapter: PART 7 - TRANSFER OF UNDERTAKINGS
section: 99
title: Transfer of records
content:
99. On the transfer date, the records of the transferor that relate solely or mainly to the fair trading functions become the records of the Commission. [10/2018]


document_id: ca-2004
provision_ref: s100
chapter: PART 7 - TRANSFER OF UNDERTAKINGS
section: 100
title: Confirmation of transfers
content:
100. —(1) If any dispute arises — ( a ) as to whether an asset or a liability, or an employee or a record, is transferred under section 96, 97 or 99; or ( b ) as to whether any, or part of any, contract or document relates to an asset or a liability, or an employee or a record, transferred under section 96, 97 or 99, the Minister charged with the responsibility for finance may determine the matter and must provide the concerned parties with written notice of that determination. [10/2018] (2) The determination of the Minister charged with the responsibility for finance under subsection (1) is final and binding on the transferor and the Commission. [10/2018]


document_id: ca-2004
provision_ref: s101
chapter: PART 8 - TRANSFER OF UNDERTAKINGS RELATING TO
section: 101
title: Interpretation of this Part
content:
101. In this Part — “asset”, in relation to the 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; “legal metrology functions” means the following functions: ( a ) promoting among suppliers in Singapore, and educating consumers on, legal metrology; ( b ) administering and enforcing the Weights and Measures Act 1975; ( c ) acting internationally as the national body representative of Singapore in respect of legal metrology; ( d ) advising the Government, any public authority or any consumer protection organisation on national needs and policies in respect of legal metrology; “liability”, in relation to the 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; “product safety functions” means the following functions: ( a ) promoting among suppliers in Singapore, and educating consumers on, the supply of safe consumer goods and the provision of relevant safety information about consumer goods; ( b ) preventing the supply of unsafe consumer goods in Singapore; ( c ) acting internationally as the national body representative of Singapore in respect of promoting and enforcing — (i) the supply of safe consumer goods in Singapore; and (ii) the provision of relevant safety information about consumer goods; ( d ) advising the Government, any public authority or any consumer protection organisation on national needs and policies in respect of promoting and enforcing — (i) the supply of safe consumer goods in Singapore; and (ii) the provision of relevant safety information about consumer goods; “records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of the transferor existing on the eve of the transfer date; “right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; “transfer date” means the date of commencement of section 7 of the Competition (Amendment) Act 2025; “transferor” means the Enterprise Singapore Board established by section 3 of the Enterprise Singapore Board Act 2018. [Act 13 of 2025 wef 01/07/2025]


document_id: ca-2004
provision_ref: s102
chapter: PART 8 - TRANSFER OF UNDERTAKINGS RELATING TO
section: 102
title: Transfer of undertakings to Commission
content:
102. —(1) On the transfer date, all the assets and liabilities of the transferor that relate solely or mainly to the product safety functions or legal metrology functions, or both, are transferred to the Commission. (2) When any asset or liability of the transferor is transferred under subsection (1), the following provisions have effect: ( a ) the asset that is the subject of the transfer vests in the Commission by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liability that is the subject of the transfer becomes by virtue of this section the liability of the Commission; ( c ) all legal or other proceedings relating to that asset or liability 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 Commission; ( d ) any legal or other proceedings relating to that asset or liability which could have been started immediately before the transfer date by or against the transferor (or a predecessor of the transferor) may be started by or against the Commission; ( 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 that asset or liability may be enforced by or against the Commission; ( f ) any document relating to legal or other proceedings relating to that asset or liability that has been served on or by the transferor (or a predecessor of the transferor) before the transfer date is taken, where appropriate, to have been served on or by the Commission; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to that asset or liability by, to or in respect of 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 Commission; ( h ) a reference to the transferor (or a predecessor of the transferor) in any written law, any instrument made under any Act, any contract, agreement, arrangement or undertaking, or any document of any kind, to the extent to which the reference relates to that asset or liability, is taken to be, or to include, a reference to the Commission; ( i ) any agreement relating to that asset or liability and to which the transferor (or a predecessor of the transferor) is a party becomes enforceable by or against the Commission. (3) The operation of this section does not — ( a ) constitute a breach of, or default under, any 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 any agreement or obligation, or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; ( e ) frustrate any contract or cause any contract or instrument to be void or otherwise unenforceable; ( f ) release any surety, other obligor or other obligee wholly or in part from any obligation; or ( g ) constitute an event of breach of, or default under, any contract or other instrument. [Act 13 of 2025 wef 01/07/2025]


document_id: ca-2004
provision_ref: s103
chapter: PART 8 - TRANSFER OF UNDERTAKINGS RELATING TO
section: 103
title: Transfer of records
content:
103. On the transfer date, the records of the transferor that relate solely or mainly to the product safety functions or legal metrology functions, or both, become the records of the Commission. [Act 13 of 2025 wef 01/07/2025]


document_id: ca-2004
provision_ref: s104
chapter: PART 8 - TRANSFER OF UNDERTAKINGS RELATING TO
section: 104
title: Confirmation of transfers
content:
104. —(1) If any dispute arises — ( a ) as to whether an asset or a liability, or a record, is transferred under section 102 or 103; or ( b ) as to whether any, or part of any, contract or document relates to an asset, a liability or a record transferred under section 102 or 103, the Minister charged with the responsibility for finance may determine the matter and must provide the concerned parties with written notice of that determination. (2) The determination of the Minister charged with the responsibility for finance under subsection (1) is final and binding on the transferor and the Commission. [Act 13 of 2025 wef 01/07/2025]


document_id: ca-2010
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “body” means a dead person, and includes any part of a person (whether or not the identity of the person concerned is known when the part is discovered or is later determined) — ( a ) without which no person can live; or ( b ) discovered in such circumstances or such state that it is probable that the person is dead, but does not include a foetus or a stillborn child within the meaning of the Registration of Births and Deaths Act 2021; [Act 2 of 2024 wef 16/04/2024] “cause of death” includes not only the apparent cause of death as ascertainable by inspection or examination of the body, but also all matters necessary to enable an opinion to be formed as to the manner in which the deceased came by his or her death; “Coroner” means a Coroner appointed under section 3(1), and includes the State Coroner; “forensic pathologist” means a pathologist appointed under section 4(1) as a forensic pathologist; “Health Sciences Authority” means the Health Sciences Authority established under section 3 of the Health Sciences Authority Act 2001; “healthcare practitioner” means a person providing any of the services specified in the First Schedule, but does not include a medical practitioner; “hospital” means any premises used or intended to be used for the reception, lodging, treatment and care of persons who require medical treatment or care or who suffer from any disease, injury or disability of mind or body, and includes a maternity home and a nursing home; “inquiry” means an inquiry into any death held by a Coroner under Part 6; “investigation” means an investigation into a death conducted by a police officer, a Coroner or a forensic pathologist, and includes any post-mortem examination; “medical clinic” means any premises used or intended to be used by a medical practitioner, a healthcare practitioner or any other person — ( a ) for the diagnosis or treatment of persons suffering from, or believed to be suffering from, any disease, injury or disability of mind or body; or ( b ) for curing or alleviating any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device, but does not include a hospital; “medical practitioner” means a registered medical practitioner under the Medical Registration Act 1997 who has in force a practising certificate issued under that Act; “medical treatment or care” includes any operation or any surgical, diagnostic or therapeutic procedure; “pathologist” means a medical practitioner who is registered as a specialist in pathology under the Medical Registration Act 1997; “place of custody” means any place in which any person may lawfully be held, confined, detained or committed; “properly interested person” means — ( a ) any person who is a spouse or next-of-kin of the deceased; ( b ) any person who is a personal representative of the deceased; or ( c ) any other person who, in the opinion of the Coroner, should be regarded as a properly interested person by reason of any particular interest in an inquiry; “Registrar-General” means the Registrar-General of Births and Deaths appointed under the Registration of Births and Deaths Act 2021; [Act 2 of 2024 wef 16/04/2024] “reportable death” means any death the circumstances of which are set out in the Second Schedule; “Singapore-registered aircraft” means an aircraft registered in Singapore under the Air Navigation Act 1966; “Singapore-registered vessel” means a vessel registered in Singapore under the Merchant Shipping Act 1995; “State Coroner” means the State Coroner appointed under section 3(1). (2) For the purposes of this Act, a person is in official custody while he or she is — ( a ) held, confined, detained or committed under any written law in any place of custody; ( b ) proceeding to or from any such place of custody in the company of a police officer or other person charged with the person’s custody; or ( c ) being taken into or escaping from such custody.


document_id: ca-2010
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of State Coroner and Coroners
content:
3. —(1) The President may, on the recommendation of the Chief Justice, appoint a State Coroner and such other Coroners as are necessary for the proper administration of this Act. (2) Only — ( a ) a judicial officer appointed under the State Courts Act 1970 may be appointed a Coroner; and ( b ) a District Judge appointed under that Act may be appointed the State Coroner. [5/2014] (3) The State Coroner is charged with the general administration of this Act and the exercise of the functions and duties imposed upon the State Coroner by this Act. (4) The State Coroner may authorise or appoint any person to assist him or her in the exercise of his or her functions and duties under this Act whether generally or in any particular case. (5) Where the State Coroner is temporarily unable, whether by illness, absence or any other reason, to perform the State Coroner’s functions and duties for any period, the Presiding Judge of the State Courts appointed under the State Courts Act 1970 may appoint another Coroner to act as State Coroner for that period. [5/2014] (6) All appointments made under subsection (1) must be published in the Gazette.


document_id: ca-2010
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Appointment of forensic pathologists
content:
4. —(1) The Chief Executive of the Health Sciences Authority may appoint any pathologist as a forensic pathologist for the purposes of this Act. (2) All appointments made under subsection (1) must be published in the Gazette.


document_id: ca-2010
provision_ref: s5
chapter: PART 2 - REPORTING OF DEATH AND PRESERVING OF RECORDS
section: 5
title: Obligation to report death
content:
5. —(1) Any person who becomes aware of a death which is, or appears to be, a reportable death must, as soon as reasonably practicable, make a report of the death to a police officer. (2) Any person who, without reasonable excuse, the burden of proving which is on the accused in a prosecution, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both. (3) Nothing in this section or section 6 derogates from any other obligation to report a death under any other written law.


document_id: ca-2010
provision_ref: s6
chapter: PART 2 - REPORTING OF DEATH AND PRESERVING OF RECORDS
section: 6
title: Reporting of death occurring in official custody
content:
6. —(1) Where a person dies — ( a ) in the course of being arrested or detained by any person in the exercise, or purported exercise, of any power of arrest or detention under any written law; or ( b ) while he or she is in official custody, it is the duty of — ( c ) the person exercising the power of arrest or detention; ( d ) the person in charge of the place of custody where the deceased died; or ( e ) if the deceased was outside the place of custody when he or she died, the person in whose official custody the deceased was at the time of his or her death, as the case may be, to prepare and submit to a police officer a report of the death within 24 hours upon the person becoming aware of that death. (2) A report under subsection (1) is not required where the death is the result of the lawful execution of a death sentence. (3) Any person who, without reasonable excuse, the burden of proving which is on the accused in a prosecution, 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: ca-2010
provision_ref: s7
chapter: PART 2 - REPORTING OF DEATH AND PRESERVING OF RECORDS
section: 7
title: Reporting of death by police officer
content:
7. Every police officer who — ( a ) comes across; or ( b ) receives any information about, a death which is, or appears to be, a reportable death must, as soon as reasonably practicable, make a report at a police station giving details of any information which the police officer obtains with regard to the death.


document_id: ca-2010
provision_ref: s8
chapter: PART 2 - REPORTING OF DEATH AND PRESERVING OF RECORDS
section: 8
title:
Duty to preserve medical records by persons in charge of hospital, medical clinic and place of custody

content:
8. —(1) Where a person dies — ( a ) while in any hospital or medical clinic for medical treatment or care; or ( b ) while he or she is in official custody, the person in charge of the hospital, medical clinic or place of custody (as the case may be) must preserve all medical records, healthcare records and any other document pertaining to the medical treatment or care of the deceased as are in the possession of the hospital, medical clinic or place of custody for such period as may be prescribed. (2) Any person who, without reasonable excuse, the burden of proving which is on the accused in a prosecution, fails 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 12 months or to both.


document_id: ca-2010
provision_ref: s9
chapter: PART 2 - REPORTING OF DEATH AND PRESERVING OF RECORDS
section: 9
title: Body not to be moved
content:
9. —(1) In the case of a reportable death, a person must not remove, or in any manner alter the position of, a body unless the removal or moving of the body is — ( a ) authorised by a police officer; or ( b ) necessary for the purpose of preventing any destruction or damage to the body. (2) Any person who, without reasonable excuse, the burden of proving which is on the accused in a prosecution, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ca-2010
provision_ref: s10
chapter: PART 3 - INVESTIGATIONS INTO DEATHS
section: 10
title: Investigations into deaths
content:
10. —(1) A police officer who comes across or receives any information about any death which is, or appears to be, a reportable death must — ( a ) if the body is in Singapore, proceed immediately to the spot where the body is lying or the death is believed to have occurred; and ( b ) use his or her best endeavours to investigate the cause of and circumstances connected with the death of the deceased. (2) If the police officer is unable to comply with subsection (1), the police officer must immediately inform his or her superior officer who must depute some other police officer who must comply with that subsection. (3) Any police officer who has seen the body may — ( a ) cause the body to be removed to any place that the police officer may direct, pending an order of a Coroner to release the body; or ( b ) secure and preserve the scene where the body was found, pending further investigations.


document_id: ca-2010
provision_ref: s11
chapter: PART 3 - INVESTIGATIONS INTO DEATHS
section: 11
title: Police officer to report to Coroner
content:
11. —(1) After a police officer has started investigations into a death, he or she must, as soon as reasonably practicable, inform a Coroner of the death and any particulars concerning the cause of death which have come to the police officer’s knowledge. (2) The police officer investigating into the cause of death must — ( a ) from time to time, furnish the Coroner with any further particulars concerning the death that may subsequently come to the police officer’s knowledge, together with the name of any person who has been arrested and charged in connection with the death; and ( b ) comply with any directions that the Coroner may give concerning the investigation.


document_id: ca-2010
provision_ref: s12
chapter: PART 3 - INVESTIGATIONS INTO DEATHS
section: 12
title: Preliminary investigation by Coroner
content:
12. —(1) As soon as possible after a death is reported to a Coroner, the Coroner is to make a preliminary investigation into the cause of and circumstances connected with the death, including whether the death was due to natural causes. (2) In the preliminary investigation, a Coroner need not view the body, but may, if the Coroner thinks it necessary, do so — ( a ) at the place where the body is lying, or any other place to which the body has been moved; or ( b ) by a live video link, or by any other means that the State Coroner may approve which reasonably allows the Coroner to view and identify the body. (3) If after the preliminary investigation, a Coroner considers that the death was due to natural causes and that it is unnecessary to hold an inquiry, the Coroner may issue an order under section 22 for the release of the body. [Act 31 of 2021 wef 02/05/2023]


document_id: ca-2010
provision_ref: s13
chapter: PART 3 - INVESTIGATIONS INTO DEATHS
section: 13
title: Police officer to report to Public Prosecutor in certain cases
content:
13. In any investigation under section 10, where a person has been or may be arrested and charged in connection with the death, the police officer investigating into the cause of death must — ( a ) as soon as reasonably practicable, inform the Public Prosecutor of the particulars concerning the cause of death which have come to the police officer’s knowledge; and ( b ) comply with any directions that the Public Prosecutor may give concerning the investigation.


document_id: ca-2010
provision_ref: s14
chapter: PART 3 - INVESTIGATIONS INTO DEATHS
section: 14
title: Duty of police officer to investigate cause of death if directed by Public Prosecutor
content:
14. A police officer must investigate into the cause of any death if directed to do so by the Public Prosecutor.


document_id: ca-2010
provision_ref: s15
chapter: PART 3 - INVESTIGATIONS INTO DEATHS
section: 15
title: Power of police officer to investigate
content:
15. In investigating into any death, a police officer may exercise all or any of the powers conferred on him or her by the Criminal Procedure Code 2010 or any other written law in relation to investigations into an arrestable offence.


document_id: ca-2010
provision_ref: s16
chapter: PART 3 - INVESTIGATIONS INTO DEATHS
section: 16
title: Coroner or Public Prosecutor may direct forensic pathologist to investigate
content:
16. —(1) When a Coroner or the Public Prosecutor receives information about the death of any person, the Coroner or the Public Prosecutor may, if he or she considers it appropriate to do so, direct — ( a ) a forensic pathologist to investigate the cause of and circumstances connected with the death; and ( b ) that a copy of all medical records, healthcare records and such other documents as may be relevant to the case be furnished by the person in charge of the hospital, medical clinic or place of custody mentioned in section 8 or any other person in possession thereof to the forensic pathologist. (2) The forensic pathologist must regularly inform the police officer investigating the death, the Coroner and the Public Prosecutor about the progress of his or her investigations and findings.


document_id: ca-2010
provision_ref: s17
chapter: PART 3 - INVESTIGATIONS INTO DEATHS
section: 17
title: Powers of forensic pathologist
content:
17. —(1) A forensic pathologist making an investigation under section 16 may — ( a ) view the body at the place where the body is lying or order the body to be removed to some more convenient place and view the body at that place; ( b ) require any medical practitioner or healthcare practitioner to furnish, within such time as the forensic pathologist may specify — (i) a detailed report, to the best of the medical practitioner’s or healthcare practitioner’s knowledge, on the medical treatment or care rendered to the deceased before that person’s death; (ii) such medical records or healthcare records pertaining to the medical treatment or care of the deceased as the forensic pathologist may require; and (iii) any other information, substance or thing pertaining to the medical treatment or care of the deceased in the possession of the medical practitioner or healthcare practitioner which the forensic pathologist considers necessary for the purposes of the investigation; ( ba ) request the Registrar to furnish, within such time as the forensic pathologist may specify, any information pertaining to the medical history, treatment or care of the deceased in the possession of the Registry that the forensic pathologist considers necessary for the purposes of the investigation; and ( c ) request the Coroner to direct the police to provide such assistance as the forensic pathologist may require to investigate the cause of and circumstances connected with the death. (2) Any medical practitioner or healthcare practitioner who is required by a forensic pathologist under subsection (1)( b ) to provide any report, record, information, substance or thing and who — ( a ) without reasonable excuse, fails to provide the report, record, information, substance or thing; ( b ) provides any report, record or information which he or she knows or believes to be false or incomplete; or ( c ) tampers or destroys, or causes or permits the tampering or destruction of, any report, record, substance or thing pertaining to the medical treatment or care of the deceased, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) The Registrar, or any Registry officer, agent of the Registry or other person who acts under the direction of the Registrar — ( a ) must comply with a request under subsection (1)( ba ) to furnish information to the forensic pathologist, despite any restriction on the disclosure of information imposed by section 8 of the National Registry of Diseases Act 2007; and ( b ) is not by so doing to be treated as being in breach of any such restriction, despite anything to the contrary in that section. (4) In this section, “agent of the Registry”, “Registrar”, “Registry” and “Registry officer” have the meanings given by the National Registry of Diseases Act 2007.


document_id: ca-2010
provision_ref: s17A
chapter: PART 3 - INVESTIGATIONS INTO DEATHS
section: 17A
title: Minister may issue certificate in certain cases
content:
17A. —(1) Subject to subsection (5), where a reportable death has occurred and the Minister is satisfied that all of the following conditions are met, the Minister may issue a Minister’s certificate for the release of the body in respect of the deceased: ( a ) the deceased — (i) had sustained an injury, contracted a disease or suffered a condition, outside Singapore, that resulted or apparently resulted in his or her death; or (ii) was, immediately before his or her death — (A) a current or former head of state of a foreign State; (B) a current or former head of government of a foreign State; (C) a government minister of a foreign State; (D) a government official of a foreign State; (E) a spouse or child of a person mentioned in sub‑paragraph (A), (B) or (C) or of a diplomatic agent of a foreign State; ( b ) a foreign State (called in this section the requesting State) makes a request in the prescribed manner for a Minister’s certificate to be issued in respect of the deceased and gives any undertaking regarding the retention or transport of the body or any other matter that the Minister may require; ( c ) in the circumstances, and having regard to any undertaking given by the requesting State, it is not in the public interest for the provisions of this Act to apply or continue to apply in respect of the deceased. (2) In considering whether to issue a Minister’s certificate, the Minister may — ( a ) have regard to information from any investigation that has been or is being carried out by a forensic pathologist under section 16 on the cause of and circumstances connected with the death; ( b ) direct a forensic pathologist to investigate the apparent cause of or circumstances connected with the death, upon which the forensic pathologist has the powers mentioned in section 17(1)( a ), ( b ) and ( ba ) as if the forensic pathologist were making an investigation under section 16; ( c ) direct the police to provide any assistance that the forensic pathologist may require to carry out the investigation mentioned in paragraph ( b ); and ( d ) direct that a copy of all medical records, healthcare records and any other documents that may be relevant to the case be provided by the person in charge of the hospital, medical clinic or place of custody mentioned in section 8 or any other person in possession thereof to the forensic pathologist mentioned in paragraph ( b ). (3) If a Minister’s certificate is issued in respect of a deceased at any time after the death has been reported under section 5 and before the Coroner issues a certificate mentioned in section 42, then as from the date of the Minister’s certificate — ( a ) any investigation by any police officer or forensic pathologist under this Part for the purpose of ascertaining the cause of and circumstances connected with the death must stop; ( b ) if a post-mortem examination under section 18 has not been conducted, the post‑mortem examination must not be conducted; ( c ) despite sections 24 and 25, no inquiry may be held in respect of the death and the Public Prosecutor must not make any order or direction under section 26, but if an inquiry has begun but is not completed, the Coroner is to stop the inquiry and not resume the inquiry except in accordance with subsection (4); ( d ) if the body has not been released, the body must be released immediately to the requesting State without an order of a Coroner under section 22; and ( e ) there is no need for the Coroner to issue a certificate under section 42 in respect of the death. (4) If the Minister revokes a Minister’s certificate, then as from the date of the revocation — ( a ) any investigation (including any post-mortem examination) or inquiry under this Act into the death of the deceased is to resume from the stage at which the investigation or inquiry was stopped; ( b ) the body of the deceased must not be released to the requesting State under subsection (3)( d ), but remains under the Coroner’s control under section 22; ( c ) if the body has been so released, the Coroner resumes control of the body under section 22 unless the body has been buried, cremated or transported out of Singapore; and ( d ) a police officer may cause the body to be removed to any place that the police officer may direct, pending an order of the Coroner to release the body. (5) To avoid doubt, this section does not affect the operation of — ( a ) the Diplomatic and Consular Relations Act 2005 * ; or ( b ) section 11 of the Visiting Forces Act 1960 * . [*Updated to be consistent with the 2020 Revised Edition] (6) In this section — “child” means a person below 21 years of age; “diplomatic agent” means a person who is accredited in any State or territory as the head of a mission or a member of the diplomatic staff of a mission; “foreign State” means a State or territory outside Singapore; “Minister’s certificate” means a certificate issued under subsection (1). [Act 31 of 2021 wef 02/05/2023]


document_id: ca-2010
provision_ref: s18
chapter: PART 4 - POST-MORTEM EXAMINATION AND POWERS OF
section: 18
title: When post-mortem examination necessary
content:
18. —(1) In a case of a death reported to a Coroner under section 11, the Coroner may, after consulting a pathologist, order a post-mortem examination to be conducted if the Coroner is of the opinion that a post-mortem examination is necessary in the circumstances to establish the manner and cause of death. (2) Despite subsection (1), a Coroner must order a post‑mortem examination to be conducted if the Coroner is directed to do so by the Public Prosecutor in any particular case.


document_id: ca-2010
provision_ref: s19
chapter: PART 4 - POST-MORTEM EXAMINATION AND POWERS OF
section: 19
title: Conduct of post-mortem examination
content:
19. —(1) A post-mortem examination may only be performed by — ( a ) a pathologist; or ( b ) a medical practitioner under the supervision of a pathologist. (2) A pathologist who conducts or supervises a post-mortem examination may — ( a ) perform or cause to be performed any operation on the body that the pathologist thinks necessary, including causing any part or contents of the body or any other substance or thing to be retained for the purpose of determining the manner or cause of death; and ( b ) where necessary, appoint any person who in the pathologist’s opinion is qualified to make a special examination by way of an analysis, test or otherwise of any part or contents of the body or of any other substance or thing, and send such part, contents, substance or thing to that person for special examination. (3) The Coroner or the forensic pathologist investigating a case (if any) may direct the person performing a post-mortem examination to cause to be retained any part or contents of the body or any other substance or thing which appears to the Coroner or forensic pathologist to be relevant in establishing the manner or cause of death.


document_id: ca-2010
provision_ref: s20
chapter: PART 4 - POST-MORTEM EXAMINATION AND POWERS OF
section: 20
title: Post-mortem examination report and special examination report
content:
20. —(1) A pathologist who has conducted or supervised any post‑mortem examination must — ( a ) draw up, or cause to be drawn up, a report of the findings of the post-mortem examination and of the conclusions which he or she draws from it; ( b ) certify as to the medical cause of death; and ( c ) date and sign the report and send it to the Coroner who ordered the post-mortem examination. (2) Where a person has been appointed under section 19(2)( b ), he or she must draw up a report of the findings of his or her special examination, date and sign the report and send it to the Coroner who ordered the post-mortem examination. (3) The post-mortem examination report made under subsection (1) and any special examination report made under subsection (2) are admissible as evidence, and are prima facie evidence of the facts stated therein, at any inquiry held under this Act. (4) The pathologist who conducted or supervised the post‑mortem examination or any person appointed under section 19(2)( b ), if summoned by the Coroner as a witness in an inquiry, may be asked to give evidence as to his or her opinion upon any matter arising out of the examination conducted or supervised by him or her and as to how in his or her opinion the deceased came by his or her death.


document_id: ca-2010
provision_ref: s21
chapter: PART 4 - POST-MORTEM EXAMINATION AND POWERS OF
section: 21
title: Power of Coroner to order exhumation
content:
21. A Coroner may, and if directed to do so by the Public Prosecutor under section 26(2) must, order the exhumation of a body, or the remains of a body, for the purpose of discharging any of the Coroner’s duties, or exercising any of the Coroner’s powers under this Act.


document_id: ca-2010
provision_ref: s22
chapter: PART 4 - POST-MORTEM EXAMINATION AND POWERS OF
section: 22
title: Power of Coroner to order release for burial, cremation, etc.
content:
22. —(1) Where a death which is, or appears to be, a reportable death has been reported to a Coroner and the body is in Singapore, the Coroner has control of the body until the earlier of the following occurs: ( a ) the Minister issues a certificate in respect of the body under section 17A(1), unless the Minister’s certificate is revoked and the Coroner resumes control of the body by virtue of section 17A(4)( c ); ( b ) the Coroner issues an order to release the body under subsection (3). [Act 31 of 2021 wef 02/05/2023] (2) If a post-mortem examination has been ordered on the body, the Coroner may issue the order under subsection (3) only after the post‑mortem examination has been concluded. (3) The Coroner may, whether or not he or she considers that an inquiry is necessary, order the release of a body — ( a ) for burial or cremation; ( b ) for the body to be transported out of Singapore; or ( c ) for the retention of the body for use in any manner in accordance with law, and if the Coroner so orders, must issue a certificate of his or her order to release the body. (4) Where a reportable death has occurred or is suspected to have occurred and the body is in Singapore, any person who, without reasonable excuse, the burden of proving which is on the accused in a prosecution — ( a ) buries, cremates, transports out of Singapore or otherwise uses or disposes of that body; or ( b ) causes that body to be buried, cremated, transported out of Singapore or otherwise used or disposed of, without the certificate of the Minister mentioned in subsection (1)( a ) that has not been revoked or the order of a Coroner under subsection (3), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 31 of 2021 wef 02/05/2023]


document_id: ca-2010
provision_ref: s23
chapter: PART 4 - POST-MORTEM EXAMINATION AND POWERS OF
section: 23
title: Coroner to report to Public Prosecutor if body is released without inquiry
content:
23. In every case where a body is released by an order of a Coroner under section 22 and no inquiry is held, the Coroner must report the facts to the Public Prosecutor with the Coroner’s reasons for not holding an inquiry.


document_id: ca-2010
provision_ref: s24
chapter: PART 5 - CIRCUMSTANCES UNDER WHICH INQUIRY IS HELD
section: 24
title: Jurisdiction of Coroner to hold inquiry
content:
24. —(1) A Coroner has the jurisdiction to hold an inquiry to determine the cause of death of any person where — ( a ) the body of the person is found in Singapore; ( b ) the death occurred in Singapore; ( c ) the cause of the death occurred in Singapore; or ( d ) the death occurred on board, or as a result of an occurrence on board, a Singapore‑registered aircraft or Singapore‑registered vessel. (2) The Coroner has the jurisdiction under subsection (1)( b ), ( c ) and ( d ) despite the absence of a body.


document_id: ca-2010
provision_ref: s25
chapter: PART 5 - CIRCUMSTANCES UNDER WHICH INQUIRY IS HELD
section: 25
title: Duty of Coroner to hold inquiry
content:
25. —(1) A Coroner must hold an inquiry into any death which occurred in Singapore where — ( a ) a person dies while in official custody; ( b ) the death was the result of the lawful execution of a death sentence in accordance with section 313(1)( m ) of the Criminal Procedure Code 2010; [Act 41 of 2022 wef 28/06/2024] ( c ) the Public Prosecutor so requires under section 26; or ( d ) the death occurred in any of the circumstances set out in the Third Schedule, unless the Coroner is satisfied that the death was due to natural causes. (2) A Coroner may decide not to hold an inquiry, in any other case in which the Coroner has jurisdiction, if he or she is satisfied that — ( a ) the death was due to natural causes and it is unnecessary to do so; or ( b ) in the circumstances, it is not necessary in the public interest to do so. (3) In deciding whether to hold an inquiry, a Coroner may have regard to the following matters: ( a ) in the case of a death that appears to have been unnatural or violent, whether or not it appears to have been due to the action or inaction of any other person; ( b ) the extent to which the drawing of attention to the circumstances of the death may be likely to reduce the chances of the occurrence of other deaths in similar circumstances; ( c ) the desire of any member of the immediate family of the deceased that an inquiry should be conducted; ( d ) whether or not the death occurred outside Singapore or was caused by matters arising outside Singapore; ( e ) whether or not an inquiry or investigation into the death has been or will be conducted by a coroner or a corresponding authority of a foreign country; ( f ) any other matter the Coroner thinks fit. (4) A Coroner who decides not to hold an inquiry into a death under subsection (2) must report the facts to the Public Prosecutor with the Coroner’s reasons for not holding an inquiry.


document_id: ca-2010
provision_ref: s26
chapter: PART 5 - CIRCUMSTANCES UNDER WHICH INQUIRY IS HELD
section: 26
title: Power of Public Prosecutor to require inquiry
content:
26. —(1) The Public Prosecutor may, in any case where a Coroner has jurisdiction and the Public Prosecutor is satisfied that an inquiry is necessary or desirable, require the Coroner to hold an inquiry into the death of any person. (2) The Public Prosecutor may direct that a body be exhumed if the Public Prosecutor is of the opinion that it is necessary to do so for the purposes of the inquiry. (3) Even though proceedings at any inquiry may have been concluded by a Coroner, where it appears to the Public Prosecutor that further investigations are necessary, the Public Prosecutor may direct the Coroner to re‑open the inquiry and make further investigations, and the Coroner must comply with those directions and then proceed in the same manner as if the proceedings at the inquiry had not been concluded.


document_id: ca-2010
provision_ref: s27
chapter: PART 6 - INQUIRIES INTO DEATH
section: 27
title: Purpose of inquiry
content:
27. —(1) The purpose of an inquiry into the death of any person is to inquire into the cause of and circumstances connected with the death and, for that purpose, the proceedings and evidence at the inquiry must be directed to ascertaining the following matters insofar as they may be ascertained: ( a ) the identity of the deceased; ( b ) how, when and where the deceased came by his or her death. (2) A Coroner at an inquiry is not to frame a finding in such a way as to determine any question of criminal, civil or disciplinary liability but is not inhibited in the discharge of his or her functions by any likelihood of liability being inferred from facts that the Coroner determines or recommendations that the Coroner makes. (3) At the conclusion of the inquiry, the Coroner is to record his or her findings as to the matters referred to in paragraphs ( a ) and ( b ) of subsection (1).


document_id: ca-2010
provision_ref: s28
chapter: PART 6 - INQUIRIES INTO DEATH
section: 28
title: Pre-inquiry review
content:
28. —(1) A pre-inquiry review may be held by a Coroner before the commencement of an inquiry. (2) The purpose of a pre-inquiry review is to settle the following matters with a view to expediting the inquiry: ( a ) the filing of the investigation papers and any post-mortem examination report or special examination report made under section 20 for the inquiry; ( b ) any issues of fact or law for the inquiry; ( c ) the witnesses to be called to the inquiry; ( d ) the filing of any conditioned statements to be admitted in evidence in the inquiry; ( e ) the date of the inquiry; ( f ) any other application to be made for the inquiry. (3) A pre-inquiry review and any application made to the Coroner at the pre-inquiry review may be heard by live video link, or by any other means that the State Coroner may approve.


document_id: ca-2010
provision_ref: s29
chapter: PART 6 - INQUIRIES INTO DEATH
section: 29
title: Notice of inquiry
content:
29. —(1) A Coroner who is to hold a pre-inquiry review or an inquiry may cause a notice to be served on any properly interested person. (2) Any such notice must state the date, time and place of the pre‑inquiry review or inquiry and must be served on any properly interested person within a reasonable period.


document_id: ca-2010
provision_ref: s30
chapter: PART 6 - INQUIRIES INTO DEATH
section: 30
title: Summoning of witnesses and production of documents
content:
30. —(1) A Coroner has and may exercise all the powers of a Magistrate’s Court with regard to — ( a ) summoning and compelling the attendance of witnesses and requiring them to give evidence; and ( b ) the production of any document or thing, at any inquiry held by the Coroner. (2) Every summons to appear, warrant of arrest or summons to produce must be in writing signed by the Coroner and must bear the seal of the court. (3) Such summons to appear or summons to produce must ordinarily be served by a police officer, but the Coroner may, if he or she sees fit, direct it to be served by some other person. (4) The provisions of section 38, Part 6 and section 235 of the Criminal Procedure Code 2010 apply, with the necessary modifications, in relation to summonses to appear, warrants of arrest and summonses to produce issued by a Coroner.


document_id: ca-2010
provision_ref: s31
chapter: PART 6 - INQUIRIES INTO DEATH
section: 31
title: Inquiries to be made public
content:
31. —(1) An inquiry is to be held in open court, unless a Coroner is of the opinion that it is in the interests of justice, propriety, public order or public security, or there is other sufficient reason, that the public be excluded from the inquiry or any part of the inquiry. (2) Whenever an inquiry or part of an inquiry is not held in open court, the Coroner must report his or her reasons for not so holding it to the Public Prosecutor.


document_id: ca-2010
provision_ref: s32
chapter: PART 6 - INQUIRIES INTO DEATH
section: 32
title: Assessors
content:
32. —(1) A Coroner may, if he or she considers it appropriate to do so, appoint not more than 2 assessors with skill and experience in the matter to which the inquiry relates to assist him or her in the hearing of any inquiry. (2) Any assessor appointed under subsection (1) may sit with the Coroner in the hearing of the inquiry and has the power to advise but not to determine any matter relating to the inquiry. (3) The remuneration of any assessor sitting in an inquiry is payable out of moneys provided by Parliament, at such rate as may be prescribed.


document_id: ca-2010
provision_ref: s33
chapter: PART 6 - INQUIRIES INTO DEATH
section: 33
title: Evidence by conditioned statements
content:
33. —(1) Despite anything in any written law, a written statement made by any person summoned as a witness in any inquiry is admissible as evidence at the inquiry to the same extent and to the same effect as oral evidence by the person, if the following conditions are satisfied: ( a ) the statement appears to be signed by the person who made it; ( b ) the statement contains a declaration by the person to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement knowing that, if it were given in evidence, he or she would be liable to prosecution if he or she stated in it anything he or she knew to be false or did not believe to be true. (2) The following provisions also apply to any written statement given in evidence under this section: ( a ) if the statement is made by a person below 21 years of age, it must state his or her age; ( b ) if it is made by a person who cannot read it, it must be read to him or her before he or she signs it and must be accompanied by a declaration by the person who read the statement to him or her, stating that it was so read; ( c ) if it refers to any other document as an exhibit, it must be accompanied by a copy of that document or by information that will enable the Coroner to inspect that document or a copy of it. (3) Where a written statement made by any witness is admitted in evidence under this section in an inquiry (called in this Act a conditioned statement), the Coroner may call the person to give evidence.


document_id: ca-2010
provision_ref: s34
chapter: PART 6 - INQUIRIES INTO DEATH
section: 34
title: Reading over evidence and correction
content:
34. —(1) The conditioned statement (if any) of a witness in an inquiry must be read over to him or her. (2) If the witness denies the correctness of any part of the conditioned statement, the Coroner may, instead of correcting the conditioned statement, make a memorandum on it of the objection made to it by the witness and must add any remarks that the Coroner thinks necessary. (3) If the witness does not understand English, the conditioned statement must be interpreted for him or her into the language in which it was given or in a language which the witness understands.


document_id: ca-2010
provision_ref: s35
chapter: PART 6 - INQUIRIES INTO DEATH
section: 35
title: Questioning of witnesses
content:
35. —(1) Any properly interested person, and any other person who has the permission of the Coroner to do so, may examine a witness in person or by counsel. (2) Where at any inquiry the report of the pathologist who has conducted or supervised a post-mortem examination of the body or the report of a person who has made a special examination under section 19(2)( b ) is received in evidence, any person mentioned in subsection (1) who desires to examine the maker of that report may require the Coroner to summon that person as a witness, and the Coroner must do so.


document_id: ca-2010
provision_ref: s36
chapter: PART 6 - INQUIRIES INTO DEATH
section: 36
title: Manner of recording evidence
content:
36. —(1) The evidence given in any inquiry is to be recorded by the Coroner in writing or in any other suitable form of recording whereby the evidence can be reduced to a readable form. (2) Evidence recorded in writing or, if it is not recorded in writing, the transcript of the evidence recorded, must be in English and signed by the Coroner, and forms part of the record of the inquiry. (3) Evidence may be recorded in the form of question and answer or in the form of a narrative, as the Coroner thinks fit.


document_id: ca-2010
provision_ref: s37
chapter: PART 6 - INQUIRIES INTO DEATH
section: 37
title: Rules of evidence not applicable
content:
37. A Coroner holding an inquiry is not bound by the rules of evidence and may conduct an inquiry in any manner the Coroner reasonably thinks fit.


document_id: ca-2010
provision_ref: s38
chapter: PART 6 - INQUIRIES INTO DEATH
section: 38
title: Adjournment of inquiry
content:
38. A Coroner holding an inquiry in any place may adjourn the inquiry to another day and order the adjourned inquiry to be held in the same or any other place.


document_id: ca-2010
provision_ref: s39
chapter: PART 6 - INQUIRIES INTO DEATH
section: 39
title: Adjournment of inquiry when criminal proceedings commenced
content:
39. —(1) If, before the conclusion of an inquiry by a Coroner, any person is charged with any offence under — ( a ) Chapter 16 of the Penal Code 1871; ( b ) section 64, 65 or 66 of the Road Traffic Act 1961; or ( c ) Part 4 of the Workplace Safety and Health Act 2006, in relation to an act which caused or could have caused the death which is the subject of the inquiry, the Coroner is to adjourn the inquiry until after the conclusion of the criminal proceedings. (2) Where a Coroner resumes an inquiry after the conclusion of the criminal proceedings mentioned in subsection (1), the Coroner is to continue with the inquiry from the stage at which it was adjourned, provided that at the resumed inquiry no finding is to be made which is inconsistent with the result of those criminal proceedings. (3) If, having regard to the result of the criminal proceedings mentioned in subsection (1), there has been a finding in those proceedings as to the cause of and circumstances connected with the death, and the Coroner decides not to resume the inquiry, the Coroner is to — ( a ) endorse the Coroner’s record and the certificate required under section 42 accordingly; and ( b ) send to the Public Prosecutor and the Commissioner of Police each a copy of the certificate mentioned in section 42. (4) Where an inquiry is adjourned under subsection (1), it is the duty of — ( a ) the District Judge or Magistrate before whom the criminal proceedings mentioned in subsection (1) are concluded; or ( b ) the Registrar of the Supreme Court, in the case of any criminal proceedings before the General Division of the High Court or the Court of Appeal, to inform the Coroner responsible for holding the inquiry of the result of the criminal proceedings in relation to the subject of the inquiry. [40/2019] (5) In this section, “criminal proceedings” means the proceedings before — ( a ) a Magistrate at any committal proceeding; ( b ) any court by which a person is tried; or ( c ) any court before which an appeal from the decision of the court mentioned in paragraph ( b ) is heard, and criminal proceedings are not to be deemed to be concluded until no further appeal can be made in the course of them.


document_id: ca-2010
provision_ref: s40
chapter: PART 6 - INQUIRIES INTO DEATH
section: 40
title: Adjournment of inquiry when commission or committee appointed under Inquiries Act 2007
content:
40. —(1) If, before the conclusion of an inquiry by a Coroner, a commission of inquiry or committee of inquiry is appointed under the Inquiries Act 2007 to inquire into any matter relating to the cause of or circumstances connected with the death which is the subject of the Coroner’s inquiry, the Coroner is to adjourn his or her inquiry until after the conclusion of the inquiry by that commission or committee. (2) Where a Coroner resumes his or her inquiry after the conclusion of the inquiry by the commission or committee mentioned in subsection (1), the Coroner is to continue with his or her inquiry from the stage at which it was adjourned, and may have regard to any report or finding by the commission or committee which the Coroner considers relevant to his or her inquiry. (3) If, having regard to the report of the inquiry by the commission or committee mentioned in subsection (1), there has been a finding in that inquiry as to the cause of and circumstances connected with the death, and the Coroner decides not to resume his or her inquiry, the Coroner is to — ( a ) endorse the Coroner’s record and the certificate required under section 42 accordingly; and ( b ) send to the Public Prosecutor and the Commissioner of Police each a copy of the certificate mentioned in section 42.


document_id: ca-2010
provision_ref: s41
chapter: PART 6 - INQUIRIES INTO DEATH
section: 41
title: Change of Coroner
content:
41. If a Coroner — ( a ) who has viewed a body or has authorised the release of the body is unable to hold the inquiry himself or herself; ( b ) is at any time unable to complete the inquiry himself or herself; or ( c ) is unable to re-open an inquiry previously concluded by himself or herself when so directed by the Public Prosecutor under section 26(3), another Coroner may hold, continue or re-open the inquiry (as the case may be) and may proceed as if that other Coroner had viewed the body or recorded all the evidence at the inquiry himself or herself.


document_id: ca-2010
provision_ref: s42
chapter: PART 6 - INQUIRIES INTO DEATH
section: 42
title: Coroner’s certificate
content:
42. —(1) Where an inquiry is held into the death of any person, the Coroner must complete and sign a certificate setting out the cause of death as found at the inquiry and must, within 48 hours after the conclusion of the inquiry, forward a copy of the certificate to — ( a ) the Registrar-General, together with such other particulars as are required by the Registrar‑General for the purpose of registering the death under the Registration of Births and Deaths Act 2021; and [Act 2 of 2024 wef 16/04/2024] ( b ) the Public Prosecutor. (2) In any case where a reportable death has occurred in Singapore and the Coroner has decided not to hold an inquiry into the death under section 25(2), the Coroner must, after considering the results of the investigations into the death — ( a ) complete and sign a certificate setting out the cause of death based on the evidence before him or her; and ( b ) within 48 hours after signing the certificate, forward a copy of the certificate to the Registrar-General and the Public Prosecutor in accordance with subsection (1). (3) To avoid doubt, a Coroner may issue a certificate under this section in the absence of a body.


document_id: ca-2010
provision_ref: s43
chapter: PART 6 - INQUIRIES INTO DEATH
section: 43
title: Forwarding transcripts of evidence, etc.
content:
43. At the conclusion of any inquiry, including an adjourned inquiry which is not resumed, the Coroner must, at the request of the Public Prosecutor, deliver to the Public Prosecutor — ( a ) the transcript of the evidence recorded and conditioned statements admitted at the inquiry; ( b ) any exhibit produced in evidence; and ( c ) a list signed by the Coroner of all exhibits produced in evidence.


document_id: ca-2010
provision_ref: s44
chapter: PART 7 - MISCELLANEOUS
section: 44
title: Obstruction of Coroner, etc.
content:
44. —(1) Any person who wilfully obstructs, resists or delays a Coroner or a forensic pathologist in the performance and execution of his or her duty or of anything which he or she is empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (2) In this section, “Coroner” includes any person authorised or appointed under section 3(4) and any person lawfully assisting a Coroner in the performance and execution of the Coroner’s duties or functions under this Act.


document_id: ca-2010
provision_ref: s45
chapter: PART 7 - MISCELLANEOUS
section: 45
title: Admissibility of evidence in subsequent judicial proceedings
content:
45. No oral testimony or conditioned statement admitted under section 33 in the course of an inquiry is admissible in any subsequent judicial or disciplinary proceedings as evidence of any fact stated therein, other than proceedings for an offence under this Act or an offence of giving or fabricating false evidence under any written law.


document_id: ca-2010
provision_ref: s46
chapter: PART 7 - MISCELLANEOUS
section: 46
title: Payment of allowance to witnesses
content:
46. A Coroner holding an inquiry may order payment out of the Consolidated Fund to any of the witnesses as the Coroner thinks fit, of the expenses incurred by them in attending that inquiry and also compensation for their trouble and loss of time, subject to any rules that may be prescribed under the Criminal Procedure Code 2010 in relation to the payment of witnesses’ expenses.


document_id: ca-2010
provision_ref: s47
chapter: PART 7 - MISCELLANEOUS
section: 47
title: Amendment of Schedules
content:
47. —(1) The Minister may, by order in the Gazette , amend, add to or vary the First, Second or Third Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ca-2010
provision_ref: s48
chapter: PART 7 - MISCELLANEOUS
section: 48
title: Exemption
content:
48. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, subject to such terms and conditions as may be prescribed.


document_id: ca-2010
provision_ref: s49
chapter: PART 7 - MISCELLANEOUS
section: 49
title: Regulations
content:
49. —(1) The Minister may, from time to time, make regulations generally for carrying out or giving effect to the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the procedure or practice for the conduct of any inquiry before a Coroner, including provisions relating to the mode of taking or recording evidence during an inquiry; ( b ) the rate for remuneration of assessors appointed to assist a Coroner; ( c ) the prescribing of anything required or permitted to be prescribed under this Act.


document_id: ca-2010
provision_ref: s50
chapter: PART 7 - MISCELLANEOUS
section: 50
title: Saving and transitional provisions
content:
50. —(1) A person who, immediately before 2 January 2011, was a Coroner appointed under section 10 of the Subordinate Courts Act (Cap. 321, 2007 Revised Edition) as in force immediately before 2 January 2011 is deemed to be a Coroner appointed under section 3(1) of this Act. [5/2014] (2) The provisions of this Act apply in relation to any investigation or inquiry into the death of any person conducted on or after 2 January 2011, whether the death of the person occurred before, on or after 2 January 2011.


document_id: ca-2018
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Cybersecurity Act 2018. (2) Part 5 and the Second Schedule come into operation on a date that the Minister appoints by notification in the Gazette .


document_id: ca-2018
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Assistant Commissioner” means any Assistant Commissioner of Cybersecurity appointed under section 4(1)( b ); “assistant licensing officer” means any assistant licensing officer appointed under section 25(2); “business entity” means — ( a ) a corporation as defined in section 4(1) of the Companies Act 1967; ( b ) an unincorporated association; ( c ) a partnership; or ( d ) a limited liability partnership registered under the Limited Liability Partnerships Act 2005; “code of practice” means any code of practice issued or approved under section 35A(1), and includes such a code of practice as may be amended from time to time; [Act 19 of 2024 wef 31/10/2025] “Commissioner” means the Commissioner of Cybersecurity appointed under section 4(1)( a ); “computer” means an electronic, magnetic, optical, electrochemical, or other data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but does not include such device as the Minister may, by notification in the Gazette , prescribe; “computer program” means data representing instructions or statements that, when executed in a computer, causes the computer to perform a function; “computer service” includes computer time, data processing and the storage or retrieval of data; “computer system” means an arrangement of interconnected computers that is designed to perform one or more specific functions, and includes — ( a ) an information technology system; and ( b ) an operational technology system such as an industrial control system, a programmable logic controller, a supervisory control and data acquisition system, or a distributed control system; [ Deleted by Act 19 of 2024 wef 31/10/2025 ] “cybersecurity” means the state in which a computer or computer system is protected from unauthorised access or attack, and because of that state — ( a ) the computer or computer system continues to be available and operational; ( b ) the integrity of the computer or computer system is maintained; and ( c ) the integrity and confidentiality of information stored in, processed by or transmitted through the computer or computer system is maintained; “cybersecurity incident” means an act or activity carried out without lawful authority on or through a computer or computer system that jeopardises or adversely affects its cybersecurity or the cybersecurity of another computer or computer system; “cybersecurity officer” means any cybersecurity officer appointed under section 4(3); “cybersecurity program” means any computer program designed for, or purported to be designed for, ensuring or enhancing the cybersecurity of a computer or computer system; “cybersecurity service” means a service provided by a person for reward that is intended primarily for or aimed at ensuring or safeguarding the cybersecurity of a computer or computer system belonging to another person ( A ), and includes the following: ( a ) assessing, testing or evaluating the cybersecurity of A ’s computer or computer system by searching for vulnerabilities in, and compromising, the cybersecurity defences of the computer or computer system; ( b ) conducting a forensic examination of A ’s computer or computer system; ( c ) investigating and responding to a cybersecurity incident that has affected A ’s computer or computer system by conducting a thorough scan and examination of the computer or computer system to identify and remove elements relating to, and identify the root cause of, the cybersecurity incident, and which involves circumventing the controls implemented in the computer or computer system; ( d ) conducting a thorough examination of A ’s computer or computer system to detect any cybersecurity threat or incident that may have already penetrated the cybersecurity defences of the computer or computer system, and that may have evaded detection by conventional cybersecurity solutions; ( e ) designing, selling, importing, exporting, installing, maintaining, repairing or servicing of one or more cybersecurity solutions; ( f ) monitoring of the cybersecurity of A ’s computer or computer system by acquiring, identifying and scanning information that is stored in, processed by, or transmitted through the computer or computer system for the purpose of identifying cybersecurity threats to the computer or computer system; ( g ) maintaining control of the cybersecurity of A ’s computer or computer system by effecting management, operational and technical controls for the purpose of protecting the computer or computer system against any unauthorised effort to adversely affect its cybersecurity; ( h ) assessing or monitoring the compliance of an organisation with the organisation’s cybersecurity policy; ( i ) providing advice in relation to cybersecurity solutions, including — (i) providing advice on a cybersecurity program; or (ii) identifying and analysing cybersecurity threats and providing advice on solutions or management strategies to minimise the risk posed by cybersecurity threats; ( j ) providing advice in relation to any practices that can enhance cybersecurity; ( k ) providing training or instruction in relation to any cybersecurity service, including the assessment of the training, instruction or competencies of another person in relation to any such activity; “cybersecurity service provider” means a person who provides a cybersecurity service; “cybersecurity solution” means any computer, computer system, computer program or computer service designed for, or purported to be designed for, ensuring or enhancing the cybersecurity of another computer or computer system; “cybersecurity threat” means an act or activity (whether known or suspected) carried out on or through a computer or computer system, that may imminently jeopardise or affect adversely, without lawful authority, the cybersecurity of that or another computer or computer system; “cybersecurity vulnerability” means any vulnerability in a computer or computer system that can be exploited by one or more cybersecurity threats; “Deputy Commissioner” means the Deputy Commissioner of Cybersecurity appointed under section 4(1)( b ); “designated provider responsible for third‑party‑owned critical information infrastructure” means a provider of an essential service in respect of whom a designation under section 16A(1), as a provider of an essential service who is responsible for the cybersecurity of a third‑party‑owned critical information infrastructure, is in effect; [Act 19 of 2024 wef 31/10/2025] “digital service” means any service normally provided for remuneration, that is delivered by one party to another party at the individual request of the other party, entirely through electronic means, and without needing the parties’ simultaneous physical presence, but does not include such services as the Minister may, by notification in the Gazette , prescribe; [Act 19 of 2024 wef 31/10/2025] “entity of special cybersecurity interest” means an entity in respect of whom a designation under section 18(1) is in effect; [Act 19 of 2024 wef 31/10/2025] “essential service” means any service essential to the national security, defence, foreign relations, economy, public health, public safety or public order of Singapore, and specified in the First Schedule; “foundational digital infrastructure service” means any service which promotes the availability, latency, throughput or security of digital services, and is specified in the Third Schedule; [Act 19 of 2024 wef 31/10/2025] “full-time national serviceman” means a person who is liable to render full‑time national service under section 12 of the Enlistment Act 1970; “licence” means a licence granted or renewed under section 26; “licensable cybersecurity service” means any cybersecurity service specified as a licensable cybersecurity service in the Second Schedule; “licensee” means the holder of a licence; “major foundational digital infrastructure” means the computer or computer system (or class of computers or computer systems) that is necessary for a major foundational digital infrastructure service provider’s continuous delivery of the foundational digital infrastructure service in relation to which a designation of the major foundational digital infrastructure service provider under section 18G(1) is in effect; [Act 19 of 2024 wef 31/10/2025] “major foundational digital infrastructure service provider” means a provider of a foundational digital infrastructure service in respect of whom a designation under section 18G(1) is in effect; [Act 19 of 2024 wef 31/10/2025] “owner”, in relation to a provider‑owned critical information infrastructure, third‑party‑owned critical information infrastructure or system of temporary cybersecurity concern — ( a ) means the legal owner of the provider‑owned critical information infrastructure, third‑party‑owned critical information infrastructure or system of temporary cybersecurity concern (as the case may be); and ( b ) where the provider‑owned critical information infrastructure, third‑party‑owned critical information infrastructure or system of temporary cybersecurity concern (as the case may be) is jointly owned by more than one person, includes every joint owner; [Act 19 of 2024 wef 31/10/2025] “provider‑owned critical information infrastructure” means a computer or a computer system in respect of which a designation under section 7(1) or (1A) is in effect; [Act 19 of 2024 wef 31/10/2025] “standard of performance” means any standard of performance issued or approved under section 35A(1), and includes such a standard of performance as may be amended from time to time; [Act 19 of 2024 wef 31/10/2025] “system of special cybersecurity interest” means the computer or computer system (or class of computers or computer systems) in relation to which a designation of an entity of special cybersecurity interest under section 18(1) is in effect; [Act 19 of 2024 wef 31/10/2025] “system of temporary cybersecurity concern” means a computer or computer system in respect of which a designation under section 17(1) is in effect; [Act 19 of 2024 wef 31/10/2025] “third‑party‑owned critical information infrastructure” means the computer or computer system in relation to which a designation of a designated provider responsible for third‑party‑owned critical information infrastructure under section 16A(1) is in effect; [Act 19 of 2024 wef 31/10/2025] “virtual computer” means a purely digital analogue of a computer, created by the simulation of software and hardware, performing logical, arithmetic or storage functions and including communications functions, but does not include the physical computing resources used for the simulation; [Act 19 of 2024 wef 31/10/2025] “virtual computer system” means a purely digital analogue of a computer system, created by the simulation of an arrangement of interconnected computers that is designed to perform one or more specific functions, but does not include the physical computing resources used for the simulation. [Act 19 of 2024 wef 31/10/2025] (2) For the purposes of the definition of “cybersecurity service”, a person does not provide a cybersecurity service only because the person — ( a ) sells, or sells licences for, cybersecurity programs intended to be installed by a user without the assistance of the seller for the protection of the cybersecurity of a user’s computer; or ( b ) provides services for the management of a computer network or computer system, that are aimed at ensuring the availability of or enhancing the performance of the computer network or computer system. (3) For the purposes of this section (except the definitions of “computer”, “computer system” and “owner”), sections 3 and 43, Part 2, Part 3 (except section 7(1A)) and Parts 3A, 3B, 3C and 4 — ( a ) “computer” includes a virtual computer; ( b ) “comp


document_id: ca-2018
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application of Act
content:
3. —(1) Part 3 (except sections 7(1A) and 8) applies to any provider-owned critical information infrastructure located wholly or partly in Singapore. [Act 19 of 2024 wef 31/10/2025] (1A) Section 7(1A) applies to any computer or computer system located wholly outside Singapore that is owned by a person in Singapore. [Act 19 of 2024 wef 31/10/2025] (2) Section 8 applies to any computer or computer system located wholly or partly in Singapore. (2A) Subject to subsection (2B) — ( a ) Part 3A (except section 16B) applies to any provider of an essential service who is located in Singapore, and is responsible for the cybersecurity of third‑party‑owned critical information infrastructure; and ( b ) section 16B applies to any person in Singapore who appears to be a provider of an essential service for which a computer or computer system necessary for the continuous delivery of the essential service is not owned by that person. [Act 19 of 2024 wef 31/10/2025] (2B) Part 3A does not apply to any provider of an essential service in relation to any computer or computer system which is a provider‑owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (2C) Subject to subsection (2D) — ( a ) Part 3B (except section 17A) applies to any system of temporary cybersecurity concern located wholly or partly in Singapore; and ( b ) section 17A applies to any computer or computer system located wholly or partly in Singapore. [Act 19 of 2024 wef 31/10/2025] (2D) Part 3B does not apply to any computer or computer system which is a provider‑owned critical information infrastructure or a third‑party‑owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (2E) Subject to subsection (2F) — ( a ) Part 3C (except section 18A) applies to any entity of special cybersecurity interest incorporated or established under any written law; and ( b ) section 18A applies to any entity incorporated or established under any written law whom the Commissioner has reason to believe may fulfil the criteria to be designated as an entity of special cybersecurity interest. [Act 19 of 2024 wef 31/10/2025] (2F) Part 3C does not apply to any entity in relation to any computer or computer system which is a provider‑owned critical information infrastructure or a third‑party‑owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (2G) Subject to subsection (2H) — ( a ) Part 3D (except section 18H) applies to any major foundational digital infrastructure service provider that — (i) provides the foundational digital infrastructure service, whether from within or outside Singapore, to persons in Singapore within the meaning of section 18G; or (ii) provides the foundational digital infrastructure service wholly or partially from Singapore within the meaning of section 18G; and ( b ) section 18H applies to any person who appears to be a provider of a foundational digital infrastructure service, whom the Commissioner has reason to believe may fulfil the criteria to be designated as a major foundational digital infrastructure service provider. [Act 19 of 2024 wef 31/10/2025] (2H) Part 3D does not apply to any provider of a foundational digital infrastructure service in relation to any computer or computer system which is a provider‑owned critical information infrastructure or a third‑party‑owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (3) Except as provided in subsection (4), this Act binds the Government. (4) Nothing in this Act renders the Government liable to prosecution for an offence. (5) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason that the person is a public officer or is engaged to provide services to the Government.


document_id: ca-2018
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Appointment of Commissioner of Cybersecurity and other officers
content:
4. —(1) The Minister may appoint, from public officers or employees of a statutory body under the charge of the Minister — ( a ) a Commissioner of Cybersecurity; and ( b ) a Deputy Commissioner and one or more Assistant Commissioners of Cybersecurity, to assist the Commissioner in the discharge of the Commissioner’s duties and functions. (2) The Minister may appoint as an Assistant Commissioner under subsection (1)( b ) in respect of a provider‑owned critical information infrastructure or a system of temporary cybersecurity concern — ( a ) a public officer of another Ministry; or ( b ) an employee of a statutory body under the charge of another Minister, where that other Ministry or statutory body has supervisory or regulatory responsibility over an industry or a sector to which the owner of the provider‑owned critical information infrastructure or the system of temporary cybersecurity concern (as the case may be) belongs. [Act 19 of 2024 wef 31/10/2025] (2A) The Minister may appoint as an Assistant Commissioner under subsection (1)( b ) in respect of a designated provider responsible for third‑party‑owned critical information infrastructure, an entity of special cybersecurity interest or a major foundational digital infrastructure service provider — ( a ) a public officer of another Ministry; or ( b ) an employee of a statutory body under the charge of another Minister, where that other Ministry or statutory body has supervisory or regulatory responsibility over an industry or a sector to which the designated provider responsible for third‑party‑owned critical information infrastructure, entity of special cybersecurity interest or major foundational digital infrastructure service provider (as the case may be) belongs. [Act 19 of 2024 wef 31/10/2025] (3) The Commissioner may in writing appoint such number of public officers as cybersecurity officers as the Commissioner thinks necessary for carrying this Act into effect. (4) Subject to any general or special directions of the Minister, the Commissioner is responsible for the administration of this Act, and has and may perform such duties and functions as are imposed, and exercise such powers as are conferred, upon the Commissioner by this Act. (5) The Deputy Commissioner has and may exercise all the powers, duties and functions of the Commissioner except those exercisable under section 7, 9, 9A, 16A, 16C, 16D, 17, 17B, 17C, 18, 18B, 18C, 18G, 18I or 18J. [Act 19 of 2024 wef 31/10/2025] (6) Subject to such conditions or limitations as the Commissioner may specify, an Assistant Commissioner or a cybersecurity officer has and may exercise all the powers, duties and functions of the Commissioner as may be delegated to that Assistant Commissioner or cybersecurity officer in writing, except — ( a ) in the case of an Assistant Commissioner, those powers, duties or functions exercisable under this subsection, or section 6, 7, 9, 9A, 16A, 16C, 16D, 17, 17B, 17C, 18, 18B, 18C, 18G, 18I, 18J, 20(5), 37A or 37C; and [Act 19 of 2024 wef 31/10/2025] ( b ) in the case of a cybersecurity officer, those powers, duties or functions exercisable under this subsection, or section 6, 6A, 7, 9, 9A, 12, 16A, 16C, 16D, 16G, 17, 17B, 17C, 17E, 18, 18B, 18C, 18E, 18G, 18I, 18J, 18L, 20(5), 35A, 37A or 37C. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Duties and functions of Commissioner
content:
5. —(1) The Commissioner has the following duties and functions: ( a ) to oversee and promote the cybersecurity of computers and computer systems in Singapore; ( b ) to advise the Government or any other public authority on national needs and policies in respect of cybersecurity matters generally; ( c ) to monitor cybersecurity threats, whether such cybersecurity threats occur in or outside Singapore; ( d ) to respond to cybersecurity incidents that threaten the national security, defence, economy, foreign relations, public health, public order or public safety, or any essential services, of Singapore, whether such cybersecurity incidents occur in or outside Singapore; ( e ) to identify and designate provider‑owned critical information infrastructure or systems of temporary cybersecurity concern, and to regulate owners of provider‑owned critical information infrastructure or systems of temporary cybersecurity concern with regard to the cybersecurity of the provider‑owned critical information infrastructure or systems of temporary cybersecurity concern; [Act 19 of 2024 wef 31/10/2025] ( ea ) to identify and designate designated providers responsible for third‑party‑owned critical information infrastructure, entities of special cybersecurity interest or major foundational digital infrastructure service providers, and to regulate those providers or entities with regard to the cybersecurity of the third‑party‑owned critical information infrastructure, system of special cybersecurity interest or major foundational digital infrastructure; [Act 19 of 2024 wef 31/10/2025] ( f ) to establish cybersecurity codes of practice and standards of performance for implementation by owners of provider‑owned critical information infrastructure or systems of temporary cybersecurity concern, or by designated providers responsible for third‑party‑owned critical information infrastructure, entities of special cybersecurity interest or major foundational digital infrastructure service providers; [Act 19 of 2024 wef 31/10/2025] ( g ) to represent the Government on cybersecurity issues internationally; ( h ) to cooperate with computer emergency response teams (CERTs) of other countries or territories on cybersecurity incidents; ( i ) to develop and promote the cybersecurity services industry in Singapore; ( j ) to license and establish standards in relation to cybersecurity service providers; ( k ) to establish standards within Singapore in relation to cybersecurity products or services, and the recommended level of cybersecurity of computer hardware or software, including certification or accreditation schemes or international certification schemes; [Act 19 of 2024 wef 31/10/2025] ( l ) to promote, develop, maintain and improve competencies and professional standards of persons working in the field of cybersecurity; ( m ) to support the advancement of technology, and research and development relating to cybersecurity; ( n ) to promote awareness of the need for and the importance of cybersecurity in Singapore; ( o ) to perform such other functions and discharge such other duties as may be conferred on the Commissioner under any other written law. [Act 19 of 2024 wef 31/10/2025] (2) The office of the Commissioner is to be known as the Cyber Security Agency of Singapore. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Appointment of authorised officers
content:
6. —(1) The Commissioner may, after consulting the Minister, in writing appoint any of the following as an authorised officer to assist the Commissioner in exercising the powers under Part 4: ( a ) a public officer of another Ministry; ( b ) an employee of any statutory body; ( c ) an auxiliary police officer appointed under the Police Force Act 2004. (2) In exercising any of the powers of enforcement under Part 4, an authorised officer must, on demand, produce to the person against whom the authorised officer is acting the authority issued to the authorised officer by the Commissioner. (3) Every authorised officer appointed under subsection (1)( b ) or ( c ) is deemed to be a public servant for the purpose of the Penal Code 1871.


document_id: ca-2018
provision_ref: s6A
chapter: PART 2 - ADMINISTRATION
section: 6A
title: Cyber Security Agency of Singapore’s symbols, etc.
content:
6A. —(1) The Commissioner has the exclusive right to the use of one or more symbols or representations of the Cyber Security Agency of Singapore as the Commissioner may select or devise (each called in this section the Cyber Security Agency of Singapore’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Cyber Security Agency of Singapore’s activities or affairs. (2) The Commissioner must publish any symbol or representation mentioned in subsection (1) in the Gazette . (3) A person who — ( a ) uses, without the Commissioner’s prior written permission, a symbol or representation that is identical to the Cyber Security Agency of Singapore’s symbol or representation; or ( b ) uses a symbol or representation that so resembles the Cyber Security Agency of Singapore’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 $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s7
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 7
title: Designation of provider-owned critical information infrastructure
content:
7. —(1) The Commissioner may, by written notice to the owner of a computer or computer system, designate the computer or computer system as a provider-owned critical information infrastructure for the purposes of this Act, if the Commissioner is satisfied that — ( a ) the computer or computer system is necessary for the continuous delivery of an essential service, and the loss or compromise of the computer or computer system will have a debilitating effect on the availability of the essential service in Singapore; and ( b ) the computer or computer system is located wholly or partly in Singapore. [Act 19 of 2024 wef 31/10/2025] (1A) The Commissioner may, by written notice to the owner of a computer or computer system that is located wholly outside Singapore, designate the computer or computer system as a provider‑owned critical information infrastructure for the purposes of this Act, if the Commissioner is satisfied that — ( a ) the computer or computer system is necessary for the continuous delivery of an essential service, and the loss or compromise of the computer or computer system will have a debilitating effect on the availability of the essential service in Singapore; and ( b ) the computer or computer system would have been designated as a provider‑owned critical information infrastructure under subsection (1) had it been located wholly or partly in Singapore. [Act 19 of 2024 wef 31/10/2025] (2) A notice issued under subsection (1) or (1A) must — ( a ) identify the computer or computer system that is being designated as a provider-owned critical information infrastructure; [Act 19 of 2024 wef 31/10/2025] ( b ) identify the owner of the computer or computer system so designated as a provider-owned critical information infrastructure; [Act 19 of 2024 wef 31/10/2025] ( c ) inform the owner of the computer or computer system, regarding the owner’s duties and responsibilities under this Act that arise from the designation; ( d ) provide the name and contact particulars of the officer assigned by the Commissioner to supervise the provider-owned critical information infrastructure in relation to its cybersecurity; [Act 19 of 2024 wef 31/10/2025] ( e ) inform the owner of the computer or computer system that any representations against the designation are to be made to the Commissioner by a specified date, being a date not earlier than 14 days after the date of the notice; and ( f ) inform the owner of the computer or computer system that the owner may appeal to the Minister against the designation, and provide information on the applicable procedure. [Act 19 of 2024 wef 31/10/2025] (3) Any designation under subsection (1) or (1A) has effect for a period of 5 years, unless it is withdrawn by the Commissioner before the expiry of the period. [Act 19 of 2024 wef 31/10/2025] (4) The person who receives a notice under subsection (1) or (1A) may request the Commissioner to proceed under subsection (5) upon showing proof that — ( a ) the person is not able to comply with the requirements in this Part for the reason that the person has neither effective control over the operations of the computer or computer system, nor the ability or right to carry out changes to the computer or computer system; and ( b ) another person has effective control over the operations of the computer or computer system and the ability and right to carry out changes to the computer or computer system. [Act 19 of 2024 wef 31/10/2025] (5) If the Commissioner is satisfied that the conditions mentioned in subsection (4)( a ) and ( b ) are met, the Commissioner may amend the notice issued to the person under subsection (1) or (1A), and address and send that amended notice to the person mentioned in subsection (4)( b ). [Act 19 of 2024 wef 31/10/2025] (6) During the period when a notice amended under subsection (5) is in effect, the provisions of this Part apply to the person mentioned in subsection (4)( b ) as if every reference to the owner of a provider-owned critical information infrastructure is a reference to the person mentioned in subsection (4)( b ). [Act 19 of 2024 wef 31/10/2025] (7) Where — ( a ) a notice issued under this section and amended under subsection (5) is addressed and sent to the person mentioned in subsection (4)( b ); and ( b ) the person mentioned in subsection (4)( b ) then ceases to have the control, ability and right mentioned in that provision, the owner of the provider-owned critical information infrastructure must notify the Commissioner of this without delay. [Act 19 of 2024 wef 31/10/2025] (8) Where a provider-owned critical information infrastructure is owned by the Government and operated by a Ministry, the Permanent Secretary allocated to the Ministry who has responsibility for the provider-owned critical information infrastructure is treated as the owner of the provider-owned critical information infrastructure for the purposes of this Act. [Act 19 of 2024 wef 31/10/2025] (9) A notice issued under this section need not be published in the Gazette . [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s8
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 8
title:
Power to obtain information to ascertain if criteria for provider‑owned critical information infrastructure fulfilled

content:
8. —(1) This section applies where the Commissioner has reason to believe that a computer or computer system may fulfil the criteria to be designated as a provider-owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (2) The Commissioner may, by notice given in the prescribed form and manner, require any person who appears to be exercising control over the computer or computer system, to provide to the Commissioner, within a reasonable period specified in the notice, such relevant information relating to that computer or computer system as may be required by the Commissioner for the purpose of ascertaining whether the computer or computer system fulfils the criteria to be designated as a provider-owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (3) Without limiting subsection (2), the Commissioner may in the notice require the person who appears to be exercising control over the computer or computer system to provide — ( a ) information relating to — (i) the function that the computer or computer system is employed to serve; and (ii) the person or persons who is or are, or other computer or computer systems that is or are, served by that computer or computer system; ( b ) information relating to the design of the computer or computer system; and ( c ) any other information that the Commissioner may require in order to ascertain whether the computer or computer system fulfils the criteria to be designated as a provider-owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (4) Any person who, without reasonable excuse, fails to comply with a notice issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (5) Any person to whom a notice is issued under subsection (2) is not obliged to disclose any information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law, contract or rules of professional conduct in relation to the disclosure of such information. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s9
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 9
title: Withdrawal of designation of provider-owned critical information infrastructure
content:
9. The Commissioner may, by written notice, withdraw the designation of any provider-owned critical information infrastructure at any time if the Commissioner is of the opinion that the computer or computer system no longer fulfils the criteria to be designated as a provider-owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s9A
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 9A
title: Extension of designation of provider‑owned critical information infrastructure
content:
9A. —(1) At any time before the expiry of the designation of a provider‑owned critical information infrastructure, the Commissioner may, by written notice, extend the designation of the provider‑owned critical information infrastructure, if the Commissioner is of the opinion that the computer or computer system continues to fulfil the criteria to be designated as a provider‑owned critical information infrastructure. (2) Any extension of a designation under subsection (1) has effect for a period of 5 years starting from the expiry of the earlier designation, unless the designation is withdrawn by the Commissioner before the extension takes effect or before the expiry of the period of extension. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s10
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 10
title: Furnishing of information relating to provider-owned critical information infrastructure
content:
10. —(1) The Commissioner may by notice given in the prescribed form and manner, require the owner of a provider-owned critical information infrastructure to furnish, within a reasonable period specified in the notice, the following: ( a ) information on the design, configuration and security of the provider-owned critical information infrastructure; ( b ) information on the design, configuration and security of any other computer or computer system under the owner’s control that is interconnected with or that communicates with the provider-owned critical information infrastructure; ( c ) information relating to the operation of the provider-owned critical information infrastructure, and of any other computer or computer system under the owner’s control that is interconnected with or that communicates with the provider-owned critical information infrastructure; ( d ) any other information that the Commissioner may require in order to ascertain the level of cybersecurity of the provider-owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (2) Any owner of a provider-owned critical information infrastructure who, without reasonable excuse, fails to comply with a notice mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. [Act 19 of 2024 wef 31/10/2025] (3) The owner of a provider-owned critical information infrastructure to whom a notice is issued under subsection (1) is not obliged to disclose any information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law or rules of professional conduct in relation to the disclosure of such information, except that the performance of a contractual obligation is not an excuse for not disclosing the information. [Act 19 of 2024 wef 31/10/2025] (4) The owner of a provider-owned critical information infrastructure is not treated as being in breach of any contractual obligation mentioned in subsection (3) for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with a notice issued under subsection (1). [Act 19 of 2024 wef 31/10/2025] (5) If a material change is made by or on behalf of the owner of a provider-owned critical information infrastructure to the design, configuration, security or operation of the provider-owned critical information infrastructure after any information has been furnished to the Commissioner pursuant to a notice mentioned in subsection (1), the owner of the provider-owned critical information infrastructure must notify the Commissioner of the change not later than 30 days after the change is made. [Act 19 of 2024 wef 31/10/2025] (6) For the purposes of subsection (5), a change is a material change if the change affects or may affect the cybersecurity of the provider-owned critical information infrastructure or the ability of the owner of the provider-owned critical information infrastructure to respond to a cybersecurity threat or incident affecting the provider-owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (7) Any owner of a provider-owned critical information infrastructure who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 19 of 2024 wef 31/10/2025] [Act 19 of 2024 wef 31/10/2025] 11. [ Deleted by Act 19 of 2024 wef 31/10/2025 ]


document_id: ca-2018
provision_ref: s12
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 12
title: Power of Commissioner to issue written directions
content:
12. —(1) The Commissioner may, if the Commissioner thinks — ( a ) it is necessary or expedient for ensuring the cybersecurity of a provider-owned critical information infrastructure or a class of provider-owned critical information infrastructure; or ( b ) it is necessary or expedient for the effective administration of this Act, issue a written direction, either of a general or specific nature, to the owner of a provider-owned critical information infrastructure or a class of such owners. [Act 19 of 2024 wef 31/10/2025] (2) Without limiting subsection (1), a direction under that subsection may relate to — ( a ) the action to be taken by the owner or owners in relation to a cybersecurity threat; ( aa ) compliance with any prescribed technical or other standards relating to cybersecurity in respect of the provider‑owned critical information infrastructure; [Act 19 of 2024 wef 31/10/2025] ( b ) compliance with any code of practice or standard of performance applicable to the owner; ( c ) the appointment of an auditor approved by the Commissioner to audit the owner or owners on their compliance with this Act or any code of practice or standard of performance applicable to the owner or owners; or ( d ) any other matters that the Commissioner may consider necessary or expedient to ensure the cybersecurity of the provider-owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (3) A direction under subsection (1) must specify a deadline for compliance, and may be revoked at any time by the Commissioner. [Act 19 of 2024 wef 31/10/2025] (4) Before giving a direction under subsection (1), the Commissioner must, unless the Commissioner considers that it is not practicable or desirable to do so, give notice to the person or persons whom the Commissioner proposes to issue the direction — ( a ) stating that the Commissioner proposes to issue the direction and setting out its effect; and ( b ) specifying the time within which representations or objections to the proposed direction may be made. (5) The Commissioner must consider any representations or objections which are duly made before giving any direction. (6) Any person who, without reasonable excuse, fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.


document_id: ca-2018
provision_ref: s13
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 13
title: Change in ownership of provider-owned critical information infrastructure
content:
13. —(1) Where there is any change in the beneficial or legal ownership (including any share in such ownership) of a provider-owned critical information infrastructure, the relevant person must inform the Commissioner of the change in ownership not later than 7 days after the date of that change in ownership. [Act 19 of 2024 wef 31/10/2025] (2) Any person who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. (3) In subsection (1), the relevant person is — ( a ) in the case of a transfer of the whole of the legal ownership of the provider-owned critical information infrastructure to another person — the person who was the owner of the provider-owned critical information infrastructure before the change in ownership; or [Act 19 of 2024 wef 31/10/2025] ( b ) in any other case, an owner of the provider-owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s14
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 14
title:
Duty to report cybersecurity incident in respect of provider‑owned critical information infrastructure, etc.

content:
14. —(1) The owner of a provider-owned critical information infrastructure must notify the Commissioner of the occurrence of any of the following in the prescribed form and manner, within the prescribed period after becoming aware of such occurrence: ( a ) a prescribed cybersecurity incident in respect of the provider-owned critical information infrastructure; [Act 19 of 2024 wef 31/10/2025] ( b ) a prescribed cybersecurity incident in respect of any computer or computer system under the owner’s control that is interconnected with or that communicates with the provider-owned critical information infrastructure; [Act 19 of 2024 wef 31/10/2025] ( ba ) a prescribed cybersecurity incident in respect of any other computer or computer system under the owner’s control that does not fall within paragraph ( b ); [Act 19 of 2024 wef 31/10/2025] ( bb ) a prescribed cybersecurity incident in respect of any computer or computer system under the control of a supplier to the owner that is interconnected with or that communicates with the provider‑owned critical information infrastructure; [Act 19 of 2024 wef 31/10/2025] ( c ) any other type of cybersecurity incident in respect of the provider-owned critical information infrastructure that the Commissioner has specified by written direction to the owner. [Act 19 of 2024 wef 31/10/2025] (2) The owner of a provider-owned critical information infrastructure must establish such mechanisms and processes for the purposes of detecting cybersecurity threats and incidents in respect of the provider-owned critical information infrastructure, as set out in any applicable code of practice. [Act 19 of 2024 wef 31/10/2025] (3) Any owner of a provider-owned critical information infrastructure who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 19 of 2024 wef 31/10/2025] [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s15
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 15
title: Cybersecurity audits and risk assessments of provider‑owned critical information infrastructure
content:
15. —(1) The owner of a provider-owned critical information infrastructure must — ( a ) at least once every 2 years (or at such higher frequency as may be directed by the Commissioner in any particular case), starting from the date of the notice issued under section 7, cause an audit of the compliance of the provider-owned critical information infrastructure with this Act, any prescribed technical or other standards relating to cybersecurity that are to be maintained in respect of the provider‑owned critical information infrastructure, and the applicable codes of practice and standards of performance, to be carried out by an auditor approved or appointed by the Commissioner; and [Act 19 of 2024 wef 31/10/2025] ( b ) at least once a year, starting from the date of the notice issued under section 7, conduct a cybersecurity risk assessment of the provider-owned critical information infrastructure in the prescribed form and manner. [Act 19 of 2024 wef 31/10/2025] (2) The owner of the provider-owned critical information infrastructure must, not later than 30 days after the completion of the audit mentioned in subsection (1)( a ) or the cybersecurity risk assessment mentioned in subsection (1)( b ), furnish a copy of the report of the audit or assessment to the Commissioner. [Act 19 of 2024 wef 31/10/2025] (3) Where it appears to the Commissioner from the report of an audit furnished under subsection (2), that any aspect of the audit was not carried out satisfactorily, the Commissioner may direct the owner of the provider-owned critical information infrastructure to cause the auditor to carry out that aspect of the audit again. [Act 19 of 2024 wef 31/10/2025] (4) Where it appears to the Commissioner that — ( a ) the owner of a provider‑owned critical information infrastructure has not complied with a provision of this Act, a prescribed technical or other standard relating to cybersecurity, or an applicable code of practice or standard of performance; or ( b ) any information provided by the owner of a provider‑owned critical information infrastructure under section 10 is false, misleading, inaccurate or incomplete, the Commissioner may for the purpose of ascertaining the owner’s compliance with this Act, a prescribed technical or other standard relating to cybersecurity, or an applicable code of practice or standard of performance, or ascertaining the accuracy or completeness of the information (as the case may be) — ( c ) by order require an audit in respect of the provider‑owned critical information infrastructure to be carried out by an auditor appointed by the Commissioner, and the cost of such audit must be borne by the owner; or ( d ) authorise the Deputy Commissioner, an Assistant Commissioner, a cybersecurity officer or an authorised officer to carry out an inspection of the provider‑owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (5) Where it appears to the Commissioner, from the report of a cybersecurity risk assessment furnished under subsection (2), that the assessment was not carried out satisfactorily, the Commissioner may either — ( a ) direct the owner of the provider-owned critical information infrastructure to carry out further steps to evaluate the level of cybersecurity of the provider-owned critical information infrastructure; or [Act 19 of 2024 wef 31/10/2025] ( b ) appoint a cybersecurity service provider to conduct another cybersecurity risk assessment of the provider-owned critical information infrastructure, and the cost of such assessment must be borne by the owner. [Act 19 of 2024 wef 31/10/2025] (6) Where the owner of a provider-owned critical information infrastructure has notified the Commissioner under section 10(5) of a material change made to the design, configuration, security or operation of the provider-owned critical information infrastructure, or the Commissioner otherwise becomes aware of such material change having been made, the Commissioner may by written notice direct the owner to carry out another audit or cybersecurity risk assessment in addition to the audit or cybersecurity risk assessment mentioned in subsection (1). [Act 19 of 2024 wef 31/10/2025] (7) Any owner of a provider-owned critical information infrastructure who — ( a ) without reasonable excuse, fails to comply with subsection (1); ( b ) fails to comply with the Commissioner’s direction under subsection (3), (5)( a ) or (6); or ( c ) obstructs or prevents an audit mentioned in subsection (4) or a cybersecurity risk assessment mentioned in subsection (5)( b ) from being carried out, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. [Act 19 of 2024 wef 31/10/2025] (8) Any owner of a provider-owned critical information infrastructure who, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. [Act 19 of 2024 wef 31/10/2025] [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16
chapter: PART 3 - PROVIDER-OWNED CRITICAL INFORMATION INFRASTRUCTURE
section: 16
title: Cybersecurity exercises
content:
16. —(1) The Commissioner may conduct cybersecurity exercises for the purpose of testing the state of readiness of owners of different provider-owned critical information infrastructure in responding to significant cybersecurity incidents. [Act 19 of 2024 wef 31/10/2025] (2) An owner of a provider-owned critical information infrastructure must participate in a cybersecurity exercise if directed in writing to do so by the Commissioner. [Act 19 of 2024 wef 31/10/2025] (3) Any person who, without reasonable excuse, fails to comply with a direction under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.


document_id: ca-2018
provision_ref: s16A
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16A
title:
Designation of provider of essential service responsible for cybersecurity of third‑party‑owned critical information infrastructure

content:
16A. —(1) The Commissioner may, by written notice to a provider of an essential service, designate the provider as a provider of an essential service responsible for the cybersecurity of third‑party‑owned critical information infrastructure for the purposes of this Act, if the Commissioner is satisfied that — ( a ) a computer or computer system (called a third‑party‑owned critical information infrastructure) (whether located in or outside Singapore) is necessary for the continuous delivery of the essential service provided by that provider, and the loss or compromise of the computer or computer system will have a debilitating effect on the availability of the essential service in Singapore; and ( b ) the computer or computer system is not owned by the provider of the essential service. (2) A notice issued under subsection (1) must — ( a ) identify the third‑party‑owned critical information infrastructure in relation to which the provider is designated as a designated provider responsible for third‑party‑owned critical information infrastructure; ( b ) identify the provider of the essential service so designated as a designated provider responsible for third‑party‑owned critical information infrastructure; ( c ) identify the person who appears to be the owner of the third‑party‑owned critical information infrastructure; ( d ) inform the designated provider responsible for third‑party‑owned critical information infrastructure regarding the provider’s duties and responsibilities under this Act that arise from the designation; ( e ) provide the name and contact particulars of the officer assigned by the Commissioner to supervise the designated provider responsible for third‑party‑owned critical information infrastructure in relation to the cybersecurity of the third‑party‑owned critical information infrastructure; ( f ) inform the designated provider responsible for third‑party‑owned critical information infrastructure that any representations against the designation are to be made to the Commissioner by a specified date, being a date not earlier than 14 days after the date of the notice; and ( g ) inform the designated provider responsible for third‑party‑owned critical information infrastructure that the provider may appeal to the Minister against the designation, and provide information on the applicable procedure. (3) Any designation under subsection (1) has effect for a period of 5 years, unless it is withdrawn by the Commissioner before the expiry of the period. (4) A notice issued under this section need not be published in the Gazette . [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16B
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16B
title:
Power to obtain information to ascertain if criteria for designated provider responsible for cybersecurity of third‑party‑owned critical information infrastructure fulfilled

content:
16B. —(1) This section applies where the Commissioner has reason to believe that a computer or computer system may fulfil the criteria in section 16A(1). (2) The Commissioner may, by notice given in the prescribed form and manner, require any person who appears to be a provider of an essential service for which a computer or computer system necessary for the continuous delivery of the essential service is not owned by the person, to provide to the Commissioner, within a reasonable period specified in the notice, such relevant information relating to that computer or computer system that is within that person’s knowledge or which the person can reasonably obtain, as may be required by the Commissioner for the purpose of ascertaining whether the computer or computer system fulfils the criteria in section 16A(1). (3) Without limiting subsection (2), the Commissioner may in the notice require the person to provide — ( a ) information relating to — (i) the function that the computer or computer system is employed to serve; and (ii) the person or persons who is or are, or other computer or computer systems that is or are, served by that computer or computer system; ( b ) information relating to the design of the computer or computer system; and ( c ) any other information that the Commissioner may require in order to ascertain whether the computer or computer system fulfils the criteria in section 16A(1). (4) Any person who, without reasonable excuse, fails to comply with a notice issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (5) Where a person fails to comply with a notice under subsection (2), and the computer or computer system in relation to which the notice was issued appears to be necessary for the delivery of an essential service provided by the person, the Commissioner may order the person to cease using, directly or indirectly, the computer or computer system in relation to which the notice was issued. (6) Any person who, without reasonable excuse, fails to comply with an order issued under subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (7) Any person to whom a notice is issued under subsection (2) is not obliged to disclose any information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law, contract or rules of professional conduct in relation to the disclosure of such information. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16C
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16C
title:
Withdrawal of designation of designated provider responsible for third-party-owned critical information infrastructure

content:
16C. The Commissioner may, by written notice, withdraw the designation of any designated provider responsible for third-party-owned critical information infrastructure at any time if the Commissioner is of the opinion that the criteria in section 16A(1) are no longer fulfilled. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16D
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16D
title:
Extension of designation of designated provider responsible for third-party-owned critical information infrastructure

content:
16D. —(1) At any time before the expiry of the designation of a designated provider responsible for third-party-owned critical information infrastructure, the Commissioner may, by written notice, extend the designation of the designated provider responsible for third-party-owned critical information infrastructure, if the Commissioner is of the opinion that the criteria in section 16A(1) continue to be fulfilled. (2) Any extension of a designation under subsection (1) has effect for a period of 5 years starting from the expiry of the earlier designation, unless the designation is withdrawn by the Commissioner before the extension takes effect or before the expiry of the period of extension. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16E
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16E
title: Furnishing of information relating to third-party-owned critical information infrastructure
content:
16E. —(1) A designated provider responsible for third‑party‑owned critical information infrastructure must obtain a legally binding commitment from the owner of the third‑party‑owned critical information infrastructure for which the provider is responsible for its cybersecurity, that the owner of the third‑party‑owned critical information infrastructure will — ( a ) upon the request of the designated provider responsible for third‑party‑owned critical information infrastructure pursuant to a notice issued by the Commissioner under subsection (4), furnish the provider the following within a reasonable period: (i) information on the design, configuration and security of the third-party-owned critical information infrastructure; (ii) information on the design, configuration and security of any other computer or computer system under the owner’s control that is interconnected with or that communicates with the third‑party‑owned critical information infrastructure; (iii) information relating to the operation of the third‑party‑owned critical information infrastructure, and of any other computer or computer system under the owner’s control that is interconnected with or that communicates with the third‑party‑owned critical information infrastructure; (iv) any other information that the Commissioner may require in order to ascertain the level of cybersecurity of the third‑party‑owned critical information infrastructure; and ( b ) notify the designated provider responsible for third‑party‑owned critical information infrastructure when a material change is made by or on behalf of the owner of the third‑party‑owned critical information infrastructure to the design, configuration, security or operation of the third‑party‑owned critical information infrastructure after any information has been furnished to the provider pursuant to a request mentioned in paragraph ( a ), not later than 30 days after the change is made, so that the provider may notify the Commissioner in accordance with subsection (8). (2) Where subsection (1) is not complied with, the Commissioner may order the designated provider responsible for third‑party‑owned critical information infrastructure to cease using, directly or indirectly, the third-party-owned critical information infrastructure for which the provider is responsible for its cybersecurity. (3) Any designated provider responsible for third‑party‑owned critical information infrastructure who, without reasonable excuse, fails to comply with an order issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (4) The Commissioner may by notice given in the prescribed form and manner, require the designated provider responsible for third‑party‑owned critical information infrastructure to furnish, within a reasonable period specified in the notice, the following: ( a ) information on the design, configuration and security of the third‑party‑owned critical information infrastructure; ( b ) information on the design, configuration and security of any other computer or computer system under the owner’s control or provider’s control that is interconnected with or that communicates with the third‑party‑owned critical information infrastructure; ( c ) information relating to the operation of the third‑party‑owned critical information infrastructure, and of any other computer or computer system under the owner’s control or provider’s control that is interconnected with or that communicates with the third‑party‑owned critical information infrastructure; ( d ) any other information relating to the third‑party‑owned critical information infrastructure that the Commissioner may require in order to ascertain the level of cybersecurity of the third‑party‑owned critical information infrastructure. (5) Any designated provider responsible for third-party-owned critical information infrastructure who, without reasonable excuse, fails to comply with a notice mentioned in subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (6) The designated provider responsible for third‑party‑owned critical information infrastructure to whom a notice is issued under subsection (4) is not obliged to disclose any information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law or rules of professional conduct in relation to the disclosure of such information, except that the performance of a contractual obligation is not an excuse for not disclosing the information. (7) The designated provider responsible for third-party-owned critical information infrastructure is not treated as being in breach of any contractual obligation mentioned in subsection (6) for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with a notice issued under subsection (4). (8) If a material change is made by or on behalf of the owner of the third‑party‑owned critical information infrastructure to the design, configuration, security or operation of the third‑party‑owned critical information infrastructure after any information has been furnished to the Commissioner pursuant to a notice mentioned in subsection (4), the designated provider responsible for third‑party‑owned critical information infrastructure must notify the Commissioner of the change not later than 14 days after the provider becomes aware of it. (9) For the purposes of subsections (1)( b ) and (8), a change is a material change if the change affects or may affect the cybersecurity of the third‑party‑owned critical information infrastructure, or the ability of the owner of the third‑party‑owned critical information infrastructure or the designated provider responsible for third‑party‑owned critical information infrastructure, to respond to a cybersecurity threat or incident affecting the third‑party‑owned critical information infrastructure. (10) Any designated provider responsible for third‑party‑owned critical information infrastructure who, without reasonable excuse, fails to comply with subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16F
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16F
title:
Provider to ensure third‑party‑owned critical information infrastructure conforms with prescribed standards

content:
16F. —(1) A designated provider responsible for third‑party‑owned critical information infrastructure must obtain a legally binding commitment from the owner of the third‑party‑owned critical information infrastructure, that the owner will ensure that any applicable prescribed technical or other standards relating to cybersecurity are maintained in respect of that third-party-owned critical information infrastructure. (2) Where subsection (1) is not complied with, the Commissioner may order the designated provider responsible for third‑party‑owned critical information infrastructure to cease using, directly or indirectly, the third‑party‑owned critical information infrastructure for which the provider is responsible for its cybersecurity. (3) Where it appears to the Commissioner that — ( a ) the standards mentioned in subsection (1) are not maintained in respect of the third‑party‑owned critical information infrastructure despite the issuance of directions mentioned in section 16G(2)( c ) and any steps taken by the designated provider responsible for third‑party‑owned critical information infrastructure; and ( b ) there is no reasonable excuse for such failure to maintain the standards, the Commissioner may order the designated provider responsible for third‑party‑owned critical information infrastructure to cease using, directly or indirectly, the third-party-owned critical information infrastructure for which the provider is responsible for its cybersecurity. (4) Any designated provider responsible for third-party-owned critical information infrastructure who, without reasonable excuse, fails to comply with an order issued under subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16G
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16G
title: Power of Commissioner to issue written directions
content:
16G. —(1) The Commissioner may, if the Commissioner thinks — ( a ) it is necessary or expedient for ensuring the cybersecurity of a third-party-owned critical information infrastructure or a class of third‑party‑owned critical information infrastructure; or ( b ) it is necessary or expedient for the effective administration of this Act, issue a written direction, either of a general or specific nature, to a designated provider responsible for third‑party‑owned critical information infrastructure or a class of such providers. (2) Without limiting subsection (1), a direction under that subsection may relate to — ( a ) the action to be taken by the provider or providers in relation to a cybersecurity threat; ( b ) compliance with any code of practice or standard of performance applicable to the provider; ( c ) steps to be taken by the designated provider responsible for third‑party‑owned critical information infrastructure to require the owner of the third‑party‑owned critical information infrastructure to ensure that any prescribed technical or other standards relating to cybersecurity in respect of the third‑party‑owned critical information infrastructure are maintained; ( d ) the appointment of an auditor approved by the Commissioner to audit the provider or providers on their compliance with this Act or any code of practice or standard of performance applicable to the provider or providers; or ( e ) any other matter that the Commissioner may consider necessary or expedient to ensure the cybersecurity of the third‑party‑owned critical information infrastructure. (3) A direction under subsection (1) must specify a deadline for compliance, and may be revoked at any time by the Commissioner. (4) Before giving a direction under subsection (1), the Commissioner must, unless the Commissioner considers it is not practicable or desirable to do so, give notice to the person or persons to whom the Commissioner proposes to issue the direction — ( a ) stating that the Commissioner proposes to issue the direction and setting out its effect; and ( b ) specifying the time within which representations or objections to the proposed direction may be made. (5) The Commissioner must consider any representations or objections which are duly made before giving any direction. (6) Any person who, without reasonable excuse, fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16H
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16H
title: Change in ownership of third‑party‑owned critical information infrastructure
content:
16H. —(1) A designated provider responsible for third‑party‑owned critical information infrastructure must obtain a legally binding commitment from the owner of the third‑party‑owned critical information infrastructure for which the provider is responsible for its cybersecurity, that the owner will notify the provider of any change in the beneficial or legal ownership (including any share in such ownership) of the third‑party‑owned critical information infrastructure, not later than 7 days after the date of that change in ownership. (2) Where subsection (1) is not complied with, the Commissioner may order the designated provider responsible for third‑party‑owned critical information infrastructure to cease using, directly or indirectly, the third‑party‑owned critical information infrastructure for which the provider is responsible for its cybersecurity. (3) Any designated provider responsible for third‑party‑owned critical information infrastructure who, without reasonable excuse, fails to comply with an order issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (4) Where there is any change in the beneficial or legal ownership (including any share in such ownership) of a third‑party‑owned critical information infrastructure, the designated provider responsible for third-party-owned critical information infrastructure must inform the Commissioner of the change in ownership not later than 7 days after the provider becomes aware of that change in ownership. (5) Where the criteria in section 16A(1) are no longer fulfilled, the designated provider responsible for third‑party‑owned critical information infrastructure must inform the Commissioner of the change in circumstances not later than 7 days after the date of the change in circumstances. (6) Any person who, without reasonable excuse, fails to comply with subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16I
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16I
title:
Duty to report cybersecurity incident in respect of third‑party‑owned critical information infrastructure, etc.

content:
16I. —(1) A designated provider responsible for third‑party‑owned critical information infrastructure must obtain a legally binding commitment from the owner of the third‑party‑owned critical information infrastructure for which the provider is responsible for its cybersecurity, that the owner of the third-party-owned critical information infrastructure will notify the provider of the occurrence of any of the following within the prescribed period after becoming aware of such occurrence: ( a ) a prescribed cybersecurity incident in respect of the third‑party‑owned critical information infrastructure; ( b ) a prescribed cybersecurity incident in respect of any computer or computer system under the owner’s control that is interconnected with or that communicates with the third‑party‑owned critical information infrastructure; ( c ) any other type of cybersecurity incident in respect of the third‑party‑owned critical information infrastructure that the Commissioner has specified by written direction to the designated provider responsible for third-party-owned critical information infrastructure. (2) Where subsection (1) is not complied with, the Commissioner may order the designated provider responsible for third‑party‑owned critical information infrastructure to cease using, directly or indirectly, the third-party-owned critical information infrastructure for which the provider is responsible for its cybersecurity. (3) Any designated provider responsible for third‑party‑owned critical information infrastructure who, without reasonable excuse, fails to comply with an order issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (4) The designated provider responsible for third‑party‑owned critical information infrastructure must notify the Commissioner of the occurrence of any of the following in the prescribed form and manner, within the prescribed period after becoming aware of such occurrence: ( a ) a prescribed cybersecurity incident in respect of the third‑party‑owned critical information infrastructure; ( b ) a prescribed cybersecurity incident in respect of any computer or computer system under the owner’s control or the provider’s control, that is interconnected with or that communicates with the third-party-owned critical information infrastructure; ( c ) a prescribed cybersecurity incident in respect of any other computer or computer system under the provider’s control that does not fall within paragraph ( b ); ( d ) any other type of cybersecurity incident in respect of the third-party-owned critical information infrastructure that the Commissioner has specified by written direction to the designated provider responsible for third-party-owned critical information infrastructure. (5) The designated provider responsible for third-party-owned critical information infrastructure must establish such mechanisms and processes for the purposes of becoming aware of any cybersecurity threats and incidents in respect of the third-party-owned critical information infrastructure, as set out in any applicable code of practice. (6) Any designated provider responsible for third-party-owned critical information infrastructure who, without reasonable excuse, fails to comply with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16J
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16J
title: Cybersecurity audits and risk assessments of third‑party‑owned critical information infrastructure
content:
16J. —(1) A designated provider responsible for third-party-owned critical information infrastructure must obtain a legally binding commitment from the owner of the third-party-owned critical information infrastructure for which the provider is responsible for its cybersecurity, that the owner of the third‑party‑owned critical information infrastructure will — ( a ) at least once every 2 years (or at such higher frequency as the Commissioner may require in any particular case by written notice to the provider), starting from the date of the notice issued under section 16A(1), cause an audit of the adherence of the third-party-owned critical information infrastructure to any prescribed technical or other standards relating to cybersecurity that are to be maintained in respect of the third‑party‑owned critical information infrastructure, to be carried out by an auditor approved by the Commissioner; ( b ) at least once a year, starting from the date of the notice issued under section 16A(1), conduct a cybersecurity risk assessment of the third‑party‑owned critical information infrastructure in the prescribed form or manner; ( c ) furnish a copy of the report of any audit mentioned in paragraph ( a ), and the report of any cybersecurity risk assessment mentioned in paragraph ( b ), to the provider, not later than 30 days after the completion of the audit or assessment (as the case may be); ( d ) carry out again any aspect of an audit mentioned in paragraph ( a ) as required by the provider pursuant to a direction from the Commissioner under subsection (6); ( e ) cause an audit in respect of the third-party-owned critical information infrastructure to be carried out by an auditor approved by the Commissioner, as required by the provider pursuant to a direction from the Commissioner under subsection (7); ( f ) carry out further steps to evaluate the level of cybersecurity of the third‑party‑owned critical information infrastructure, or cause another cybersecurity risk assessment of the third‑party‑owned critical information infrastructure to be conducted by a cybersecurity service professional approved by the Commissioner, as required by the provider pursuant to a direction from the Commissioner under subsection (8); and ( g ) carry out another audit or cybersecurity risk assessment in addition to the audit or cybersecurity risk assessment mentioned in paragraphs ( a ) and ( b ), as required by the provider pursuant to a direction from the Commissioner under subsection (9). (2) Where subsection (1) is not complied with, the Commissioner may order the designated provider responsible for third‑party‑owned critical information infrastructure to cease using, directly or indirectly, the third‑party‑owned critical information infrastructure for which the provider is responsible for its cybersecurity. (3) Any designated provider responsible for third-party-owned critical information infrastructure who, without reasonable excuse, fails to comply with an order issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (4) The designated provider responsible for third-party-owned critical information infrastructure must obtain from the owner each report of an audit and each report of a cybersecurity risk assessment mentioned in subsection (1)( c ). (5) The designated provider responsible for third‑party‑owned critical information infrastructure must, not later than 14 days after receiving from the owner a report of an audit or a cybersecurity risk assessment, furnish a copy of the report of the audit or assessment to the Commissioner. (6) Where it appears to the Commissioner from the report of an audit furnished under subsection (5), that any aspect of the audit was not carried out satisfactorily, the Commissioner may direct the designated provider responsible for third‑party‑owned critical information infrastructure to require the owner of the third‑party‑owned critical information infrastructure to carry out that aspect of the audit again. (7) Where it appears to the Commissioner that — ( a ) the third‑party‑owned critical information infrastructure is not in conformity with any prescribed technical or other standard relating to cybersecurity that is to be maintained in respect of the third‑party‑owned critical information infrastructure; or ( b ) any information furnished by the designated provider responsible for third‑party‑owned critical information infrastructure under section 16E is false, misleading, inaccurate or incomplete, the Commissioner may for the purpose of ascertaining the third‑party‑owned critical information infrastructure’s conformity with the applicable prescribed technical or other standard relating to cybersecurity, or ascertaining the accuracy or completeness of the information (as the case may be), direct the provider to require the owner of the third‑party‑owned critical information infrastructure to cause an audit in respect of the third‑party‑owned critical information infrastructure to be carried out by an auditor approved by the Commissioner. (8) Where it appears to the Commissioner, from the report of a cybersecurity risk assessment furnished under subsection (5), that the assessment was not carried out satisfactorily, the Commissioner may direct the designated provider responsible for third‑party‑owned critical information infrastructure to require the owner of the third‑party‑owned critical information infrastructure to either — ( a ) carry out further steps to evaluate the level of cybersecurity of the third‑party‑owned critical information infrastructure; or ( b ) cause another cybersecurity risk assessment of the third‑party‑owned critical information infrastructure to be conducted by a cybersecurity service professional approved by the Commissioner. (9) Where the designated provider responsible for third‑party‑owned critical information infrastructure has notified the Commissioner under section 16E(8) of a material change made to the design, configuration, security or operation of the third‑party‑owned critical information infrastructure, or the Commissioner otherwise becomes aware of such material change having been made, the Commissioner may by written notice direct the provider to require the owner of the third‑party‑owned critical information infrastructure to carry out another audit or cybersecurity risk assessment in addition to the audit or cybersecurity risk assessment mentioned in subsection (1)( a ) or ( b ). (10) Any designated provider responsible for third‑party‑owned critical information infrastructure who — ( a ) without reasonable excuse, fails to comply with subsection (4); ( b ) without reasonable excuse, fails to comply with the Commissioner’s direction under subsection (6), (7), (8)( a ) or ( b ) or (9); or ( c ) obstructs or prevents an audit mentioned in subsection (7) or a cybersecurity risk assessment mentioned in subsection (8)( b ) from being carried out, or impedes the effectiveness of such an audit or cybersecurity risk assessment carried out, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (11) Any designated provider responsible for third‑party‑owned critical information infrastructure who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16K
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16K
title: Duty to notify material change to legally binding commitment
content:
16K. —(1) If a material change is made to a legally binding commitment that was obtained by a designated provider responsible for third‑party‑owned critical information infrastructure for the purpose of meeting a requirement under section 16E(1), 16F(1), 16H(1), 16I(1) or 16J(1), the designated provider responsible for third‑party‑owned critical information infrastructure must notify the Commissioner of the change not later than 14 days after the change is made. (2) For the purposes of subsection (1), a change is a material change if the change affects the ability of the designated provider responsible for third‑party‑owned critical information infrastructure to obtain the performance, by the owner of the third‑party‑owned critical information infrastructure, of the actions committed in accordance with the legally binding commitment. (3) Any designated provider responsible for third‑party‑owned critical information infrastructure who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s16L
chapter: PART 3A - PROVIDERS OF ESSENTIAL SERVICE RESPONSIBLE
section: 16L
title: Cybersecurity exercises
content:
16L. —(1) The Commissioner may conduct cybersecurity exercises for the purpose of testing the state of readiness of different designated providers responsible for third‑party‑owned critical information infrastructure in responding to significant cybersecurity incidents. (2) A designated provider responsible for third‑party‑owned critical information infrastructure must participate in a cybersecurity exercise if directed in writing to do so by the Commissioner. (3) Any person who, without reasonable excuse, fails to comply with a direction under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s17
chapter: PART 3B - SYSTEMS OF TEMPORARY CYBERSECURITY CONCERN
section: 17
title: Designation of system of temporary cybersecurity concern
content:
17. —(1) The Commissioner may, by written notice to the owner of a computer or computer system, designate the computer or computer system as a system of temporary cybersecurity concern for the purposes of this Act, if the Commissioner is satisfied that — ( a ) for a limited period — (i) there is a high risk that a cybersecurity threat or cybersecurity incident may be carried out that will jeopardise or adversely affect, without lawful authority, the cybersecurity of the computer or computer system; and (ii) the loss or compromise of the computer or computer system will have a serious detrimental effect on the national security, defence, foreign relations, economy, public health, public safety or public order of Singapore; and ( b ) the computer or computer system is located wholly or partly in Singapore. (2) A notice issued under subsection (1) must — ( a ) identify the computer or computer system that is being designated as a system of temporary cybersecurity concern; ( b ) identify the owner of the computer or computer system so designated as a system of temporary cybersecurity concern; ( c ) inform the owner of the computer or computer system, regarding the owner’s duties and responsibilities under this Act that arise from the designation; ( d ) specify the first and last day of the period of designation, which must not exceed one year; ( e ) provide the name and contact particulars of the officer assigned by the Commissioner to supervise the system of temporary cybersecurity concern in relation to its cybersecurity; ( f ) inform the owner of the computer or computer system that any representations against the designation are to be made to the Commissioner by a specified date, being a date not earlier than 14 days after the date of the notice; and ( g ) inform the owner of the computer or computer system that the owner may appeal to the Minister against the designation, and provide information on the applicable procedure. (3) Any designation under subsection (1) has effect until the end of the period of designation specified in the notice, unless it is withdrawn by the Commissioner before the expiry of the period. (4) The person who receives a notice under subsection (1) may request the Commissioner to proceed under subsection (5) upon showing proof that — ( a ) the person is not able to comply with the requirements in this Part for the reason that the person has neither effective control over the operations of the computer or computer system, nor the ability or right to carry out changes to the computer or computer system; and ( b ) another person has effective control over the operations of the computer or computer system and the ability and right to carry out changes to the computer or computer system. (5) If the Commissioner is satisfied that the conditions mentioned in subsection (4)( a ) and ( b ) are met, the Commissioner may amend the notice issued to the person under subsection (1), and address and send that amended notice to the person mentioned in subsection (4)( b ). (6) During the period when a notice amended under subsection (5) is in effect, the provisions of this Part apply to the person mentioned in subsection (4)( b ) as if every reference to the owner of a system of temporary cybersecurity concern is a reference to the person mentioned in subsection (4)( b ). (7) Where — ( a ) a notice issued under this section and amended under subsection (5) is addressed and sent to the person mentioned in subsection (4)( b ); and ( b ) the person mentioned in subsection (4)( b ) then ceases to have the control, ability and right mentioned in that provision, the owner of the system of temporary cybersecurity concern must notify the Commissioner of this without delay. (8) Where a system of temporary cybersecurity concern is owned by the Government and operated by a Ministry, the Permanent Secretary allocated to the Ministry who has responsibility for the system of temporary cybersecurity concern is treated as the owner of the system of temporary cybersecurity concern for the purposes of this Act. (9) A notice issued under this section need not be published in the Gazette . [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s17A
chapter: PART 3B - SYSTEMS OF TEMPORARY CYBERSECURITY CONCERN
section: 17A
title:
Power to obtain information to ascertain if criteria for system of temporary cybersecurity concern fulfilled

content:
17A. —(1) This section applies where the Commissioner has reason to believe that a computer or computer system may fulfil the criteria to be designated as a system of temporary cybersecurity concern. (2) The Commissioner may, by notice given in the prescribed form and manner, require any person who appears to be exercising control over the computer or computer system, to provide to the Commissioner, within a reasonable period specified in the notice, such relevant information relating to that computer or computer system as may be required by the Commissioner for the purpose of ascertaining whether the computer or computer system fulfils the criteria to be designated as a system of temporary cybersecurity concern. (3) Without limiting subsection (2), for the purpose of ascertaining whether the computer or computer system fulfils the criteria to be designated as a system of temporary cybersecurity concern, the Commissioner may in the notice require the person who appears to be exercising control over the computer or computer system to provide — ( a ) information relating to — (i) the function that the computer or computer system is employed to serve; and (ii) the person or persons who is or are, or other computer or computer systems that is or are, served by that computer or computer system; ( b ) information relating to the design of the computer or computer system; and ( c ) any other information that the Commissioner may require in order to ascertain whether the computer or computer system fulfils the criteria to be designated as a system of temporary cybersecurity concern. (4) Any person who, without reasonable excuse, fails to comply with a notice issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (5) Any person to whom a notice is issued under subsection (2) is not obliged to disclose any information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law, contract or rules of professional conduct in relation to the disclosure of such information. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s17B
chapter: PART 3B - SYSTEMS OF TEMPORARY CYBERSECURITY CONCERN
section: 17B
title: Withdrawal of designation of system of temporary cybersecurity concern
content:
17B. The Commissioner may, by written notice, withdraw the designation of a system of temporary cybersecurity concern at any time if the Commissioner is of the opinion that the computer or computer system no longer fulfils the criteria to be designated as a system of temporary cybersecurity concern. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s17C
chapter: PART 3B - SYSTEMS OF TEMPORARY CYBERSECURITY CONCERN
section: 17C
title: Extension of designation of system of temporary cybersecurity concern
content:
17C. —(1) At any time before the expiry of the designation of a system of temporary cybersecurity concern, the Commissioner may, by written notice, extend the designation of the system of temporary cybersecurity concern, if the Commissioner is of the opinion that the computer or computer system continues to fulfil the criteria to be designated as a system of temporary cybersecurity concern. (2) Any extension of a designation under subsection (1) has effect for the period stated in the notice in subsection (1) (which must not exceed one year for each extension), starting from the expiry of the earlier designation, unless the designation is withdrawn by the Commissioner before the extension takes effect or before the expiry of the period of extension. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s17D
chapter: PART 3B - SYSTEMS OF TEMPORARY CYBERSECURITY CONCERN
section: 17D
title: Furnishing of information relating to system of temporary cybersecurity concern
content:
17D. —(1) The Commissioner may by notice given in the prescribed form and manner, require the owner of a system of temporary cybersecurity concern to furnish, within a reasonable period specified in the notice, the following: ( a ) information on the design, configuration and security of the system of temporary cybersecurity concern; ( b ) information on the design, configuration and security of any other computer or computer system under the owner’s control that is interconnected with or that communicates with the system of temporary cybersecurity concern; ( c ) information relating to the operation of the system of temporary cybersecurity concern, and of any other computer or computer system under the owner’s control that is interconnected with or that communicates with the system of temporary cybersecurity concern; ( d ) any other information that the Commissioner may require in order to ascertain the level of cybersecurity of the system of temporary cybersecurity concern. (2) Any owner of a system of temporary cybersecurity concern who, without reasonable excuse, fails to comply with a notice mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (3) The owner of a system of temporary cybersecurity concern to whom a notice is issued under subsection (1) is not obliged to disclose any information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law or rules of professional conduct in relation to the disclosure of such information, except that the performance of a contractual obligation is not an excuse for not disclosing the information. (4) The owner of a system of temporary cybersecurity concern is not treated as being in breach of any contractual obligation mentioned in subsection (3) for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with a notice issued under subsection (1). [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s17E
chapter: PART 3B - SYSTEMS OF TEMPORARY CYBERSECURITY CONCERN
section: 17E
title: Power of Commissioner to issue written directions
content:
17E. —(1) The Commissioner may, if the Commissioner thinks — ( a ) it is necessary or expedient for ensuring the cybersecurity of a system of temporary cybersecurity concern or a class of systems of temporary cybersecurity concern; or ( b ) it is necessary or expedient for the effective administration of this Act, issue a written direction, either of a general or specific nature, to the owner of a system of temporary cybersecurity concern or a class of such owners. (2) Without limiting subsection (1), a direction under that subsection may relate to — ( a ) the action to be taken by the owner or owners in relation to a cybersecurity threat; ( b ) compliance with any prescribed technical or other standards relating to cybersecurity in respect of the system of temporary cybersecurity concern; ( c ) compliance with any code of practice or standard of performance applicable to the owner; ( d ) the appointment of an auditor approved by the Commissioner to audit the owner or owners on their compliance with this Act or any code of practice or standard of performance applicable to the owner or owners; or ( e ) any other matter that the Commissioner may consider necessary or expedient to ensure the cybersecurity of the system of temporary cybersecurity concern. (3) A direction under subsection (1) must specify a deadline for compliance, and may be revoked at any time by the Commissioner. (4) Before giving a direction under subsection (1), the Commissioner must, unless the Commissioner considers that it is not practicable or desirable to do so, give notice to the person or persons to whom the Commissioner proposes to issue the direction — ( a ) stating that the Commissioner proposes to issue the direction and setting out its effect; and ( b ) specifying the time within which representations or objections to the proposed direction may be made. (5) The Commissioner must consider any representations or objections which are duly made before giving any direction. (6) Any person who, without reasonable excuse, fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s17F
chapter: PART 3B - SYSTEMS OF TEMPORARY CYBERSECURITY CONCERN
section: 17F
title: Duty to report cybersecurity incident in respect of system of temporary cybersecurity concern, etc.
content:
17F. —(1) The owner of a system of temporary cybersecurity concern must notify the Commissioner of the occurrence of any of the following in the prescribed form and manner, within the prescribed period after becoming aware of such occurrence: ( a ) a prescribed cybersecurity incident in respect of the system of temporary cybersecurity concern; ( b ) a prescribed cybersecurity incident in respect of any computer or computer system under the owner’s control that is interconnected with or that communicates with the system of temporary cybersecurity concern; ( c ) a prescribed cybersecurity incident in respect of any computer or computer system under the control of a supplier to the owner that is interconnected with or that communicates with the system of temporary cybersecurity concern. (2) The owner of a system of temporary cybersecurity concern must establish such mechanisms and processes for the purposes of detecting cybersecurity threats and incidents in respect of the system of temporary cybersecurity concern, as set out in any applicable code of practice. (3) Any owner of a system of temporary cybersecurity concern who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 19 of 2024 wef 31/10/2025] 18. [ Deleted by Act 19 of 2024 wef 31/10/2025 ]


document_id: ca-2018
provision_ref: s19
chapter: PART 4 - RESPONSES TO CYBERSECURITY
section: 19
title: Powers to investigate and prevent cybersecurity incidents, etc.
content:
19. —(1) Where information regarding a cybersecurity threat or incident has been received by the Commissioner, the Commissioner may exercise, or may authorise the Deputy Commissioner, an Assistant Commissioner, a cybersecurity officer or an authorised officer to exercise, such of the powers mentioned in subsection (2) as are necessary to investigate the cybersecurity threat or incident, for the purpose of — ( a ) assessing the impact or potential impact of the cybersecurity threat or incident; ( b ) preventing any or further harm arising from the cybersecurity incident; or ( c ) preventing a further cybersecurity incident from arising from that cybersecurity threat or incident. (2) The powers mentioned in subsection (1) are the following: ( a ) require, by written notice, any person to attend at such reasonable time and at such place as may be specified by the incident response officer, to answer any question or to provide a signed written statement concerning the cybersecurity threat or incident; ( b ) require, by written notice, any person to produce to the incident response officer any physical or electronic record, or document, or a copy of the record or document, that is in the possession of that person, or to provide the incident response officer with any information, which the incident response officer considers to be related to any matter relevant to the investigation; ( c ) without giving any fee or reward, inspect, copy or take extracts from such record or document or copy of the record or document mentioned in paragraph ( b ); ( d ) examine orally any person who appears to be acquainted with the facts and circumstances relating to the cybersecurity threat or incident, and reduce to writing any statement made by the person so examined. (3) The incident response officer must specify in the notice mentioned in subsection (2)( b ) — ( a ) the time and place at which any record, document or copy is to be produced or any information is to be provided; and ( b ) the manner and form in which it is to be produced or provided. (4) A statement made by a person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted for the person in a language that he or she understands; and ( d ) after correction (if necessary), be signed by that person. (5) If any person fails to comply with a written notice under subsection (2)( a ), the incident response officer may report such failure to a Magistrate who may then issue an order for the person to attend before the Commissioner, at a time and place specified in the order, to answer any question or provide a signed written statement concerning the cybersecurity threat or incident. (6) Any person examined under this section or to whom a notice under subsection (2) or an order under subsection (5) is issued is not obliged to disclose any information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law or rules of professional conduct in relation to the disclosure of such information, except that the performance of a contractual obligation is not an excuse for not disclosing the information. (7) The person examined under this section or to whom a notice under subsection (2) or an order under subsection (5) is issued, is not treated as being in breach of any contractual obligation mentioned in subsection (6) for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of answering any question asked during the examination or complying with the notice or order. (8) Any person who — ( a ) wilfully misstates or without reasonable excuse refuses to give any information, provide any statement or produce any record, document or copy required of the person by an incident response officer under subsection (2); or ( b ) without reasonable excuse, fails to comply with an order issued by a Magistrate under subsection (5), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (9) In this section and sections 20, 21 and 22, “incident response officer” means the Commissioner, the Deputy Commissioner or any Assistant Commissioner, cybersecurity officer or authorised officer exercising the powers under this section or section 20, as the case may be.


document_id: ca-2018
provision_ref: s20
chapter: PART 4 - RESPONSES TO CYBERSECURITY
section: 20
title: Powers to investigate and prevent serious cybersecurity incidents, etc.
content:
20. —(1) Where the Commissioner receives information regarding a cybersecurity threat or incident which satisfies the severity threshold in subsection (3), the Commissioner may exercise, or may authorise the Deputy Commissioner, an Assistant Commissioner, a cybersecurity officer or an authorised officer to exercise, such of the powers mentioned in subsection (2) as are necessary to investigate the cybersecurity threat or incident, for the purpose of — ( a ) assessing the impact or potential impact of the cybersecurity threat or incident; ( b ) eliminating the cybersecurity threat or otherwise preventing any or further harm arising from the cybersecurity incident; or ( c ) preventing a further cybersecurity incident. (2) The powers mentioned in subsection (1) are the following: ( a ) any power mentioned in section 19(2)( a ), ( b ), ( c ) or ( d ); ( b ) direct, by written notice, any person to carry out such remedial measures, or to cease carrying on such activities, as may be specified to the person, in relation to a computer or computer system that the incident response officer has reasonable cause to suspect is or was affected by the cybersecurity incident, in order to minimise cybersecurity vulnerabilities in the computer or computer system; Examples Examples of remedial measures include — ( a ) the removal of malicious software from the computer; ( b ) the installation of software updates to address cybersecurity vulnerabilities; ( c ) temporarily disconnecting infected computers from a computer network until paragraph ( a ) or ( b ) is carried out; and ( d ) the redirection of malicious data traffic towards a designated computer or computer system. ( c ) require the owner of a computer or computer system to take any action to assist with the investigation, including but not limited to — (i) preserving the state of the computer or computer system by not using it; (ii) monitoring the computer or computer system for a specified period of time; (iii) performing a scan of the computer or computer system to detect cybersecurity vulnerabilities and to assess the manner and extent that the computer or computer system is affected by the cybersecurity incident; and (iv) allowing the incident response officer to connect any equipment to the computer or computer system, or install on the computer or computer system any computer program, as is necessary for the purpose of the investigation; ( d ) after giving reasonable notice to the owner or occupier of any premises, enter those premises if the incident response officer reasonably suspects that there is within the premises a computer or computer system that is or was affected by the cybersecurity incident; ( e ) access, inspect and check the operation of a computer or computer system that the incident response officer has reasonable cause to suspect is or was affected by the cybersecurity incident, or use or cause to be used any such computer or computer system to search any data contained in or available to such computer or computer system; ( f ) perform a scan of a computer or computer system to detect cybersecurity vulnerabilities in the computer or computer system; ( g ) take a copy of, or extracts from, any electronic record or computer program contained in a computer that the incident response officer has reasonable cause to suspect is or was affected by the cybersecurity incident; ( h ) subject to subsection (5), with the owner’s consent, take possession of any computer or other equipment for the purpose of carrying out further examination or analysis. (3) A cybersecurity threat or incident satisfies the severity threshold mentioned in subsection (1) if — ( a ) it creates a risk of significant harm being caused to a provider-owned critical information infrastructure; [Act 19 of 2024 wef 31/10/2025] ( b ) it creates a risk of disruption to the provision of an essential service; ( c ) it creates a threat to the national security, defence, foreign relations, economy, public health, public safety or public order of Singapore; or ( d ) the cybersecurity threat or incident is of a severe nature, in terms of the severity of the harm that may be caused to persons in Singapore or the number of computers or value of the information put at risk, whether or not the computers or computer systems put at risk are themselves provider-owned critical information infrastructure. [Act 19 of 2024 wef 31/10/2025] (4) An incident response officer exercising the power mentioned in subsection (2)( e ) may require any assistance the incident response officer needs to gain such access from — ( a ) any person whom the incident response officer reasonably suspects uses or has used the computer or computer system; or ( b ) any person having charge of, or who is otherwise concerned with the operation of, such computer or computer system. (5) Where the owner of the computer or other equipment does not consent to the exercise of the power mentioned in subsection (2)( h ), the power may be exercised if the Commissioner is satisfied that — ( a ) the exercise of the power is necessary for the purposes of the investigation; ( b ) there is no less disruptive method of achieving the purpose of the investigation; and ( c ) after consultation with the owner, and having regard to the importance of the computer or other equipment to the business or operational needs of the owner, the benefit from the exercise of the power outweighs the detriment caused to the owner, and the Commissioner has issued to the incident response officer a written authorisation to exercise the power. (6) The incident response officer must, immediately after the completion of the further examination or analysis on the computer or other equipment which was taken into possession in exercise of the power mentioned in subsection (2)( h ), return the computer or other equipment to the owner. (7) Any person who — ( a ) in relation to an investigation under this section, wilfully misstates or without reasonable excuse refuses to give any information, provide any statement or produce any record, document or copy required of the person by the incident response officer under section 19(2); ( b ) in relation to an investigation under this section, without reasonable excuse, fails to comply with an order issued by a Magistrate under section 19(5); ( c ) without reasonable excuse, fails to comply with a direction or requirement of an incident response officer under subsection (2)( b ) or ( c ); or ( d ) without reasonable excuse, fails to comply with a lawful demand of an incident response officer made in the discharge of the incident response officer’s duties under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ca-2018
provision_ref: s21
chapter: PART 4 - RESPONSES TO CYBERSECURITY
section: 21
title: Production of identification card by incident response officer
content:
21. Every incident response officer, when exercising any of the powers under this Part, must declare the incident response officer’s office and must, on demand, produce to any person affected by the exercise of that power such identification card as the Commissioner may direct to be carried by the incident response officer when exercising such power.


document_id: ca-2018
provision_ref: s22
chapter: PART 4 - RESPONSES TO CYBERSECURITY
section: 22
title: Appointment of cybersecurity technical experts
content:
22. —(1) The Commissioner may in writing appoint any of the following as a cybersecurity technical expert for a specified period to assist any incident response officer in the course of an investigation under section 19 or 20: ( a ) a public officer or an employee of a statutory body; ( b ) an individual (who is not a public officer or an employee of a statutory body) with suitable qualifications or experience to properly perform the role of a cybersecurity technical expert; ( c ) a full-time national serviceman enlisted in any force constituted under the Singapore Armed Forces Act 1972 or in the Special Constabulary constituted under section 66 of the Police Force Act 2004. (2) The role of a cybersecurity technical expert is to provide such advice of a technical nature, as the incident response officer may require in the course of an investigation under section 19 or 20. (3) The Commissioner may, for any reason that appears to the Commissioner to be sufficient, at any time revoke an individual’s appointment as a cybersecurity technical expert. (4) The Commissioner must issue to each cybersecurity technical expert an identification card, which must be carried at all times by the cybersecurity technical expert when performing the role of a cybersecurity technical expert. (5) A cybersecurity technical expert whose appointment as such ceases must return any identification card issued to the cybersecurity technical expert under subsection (4) to the Commissioner.


document_id: ca-2018
provision_ref: s23
chapter: PART 4 - RESPONSES TO CYBERSECURITY
section: 23
title: Emergency cybersecurity measures and requirements
content:
23. —(1) The Minister may, if satisfied that it is necessary for the purposes of preventing, detecting or countering any serious and imminent threat to — ( a ) the provision of any essential service; or ( b ) the national security, defence, foreign relations, economy, public health, public safety or public order of Singapore, by a certificate under the Minister’s hand, authorise or direct any person or organisation specified in the certificate (called in this section the specified person) to take such measures or comply with such requirements as may be necessary to prevent, detect or counter any threat to a computer or computer system or any class of computers or computer systems. (2) The measures and requirements mentioned in subsection (1) may include, without limitation — ( a ) the exercise by the specified person of the powers in sections 39(1)( a ) and ( b ) and (2)( a ) and ( b ) and 40(2)( a ), ( b ) and ( c ) of the Criminal Procedure Code 2010; ( b ) requiring or authorising the specified person to direct another person to provide any information that is necessary to identify, detect or counter any such threat, including — (i) information relating to the design, configuration or operation of any computer, computer program or computer system; and (ii) information relating to the cybersecurity of any computer, computer program or computer system; ( c ) providing to the Minister or the Commissioner any information (including real‑time information) obtained from any computer controlled or operated by the specified person, or obtained by the specified person from another person pursuant to a measure or requirement under paragraph ( b ), that is necessary to identify, detect or counter any such threat, including — (i) information relating to the design, configuration or operation of any computer, computer program or computer system; and (ii) information relating to the cybersecurity of any computer, computer program or computer system; and ( d ) providing to the Minister or the Commissioner a report of a breach or an attempted breach of cybersecurity of a description specified in the certificate under subsection (1), relating to any computer controlled or operated by the specified person. (3) Any measure or requirement mentioned in subsection (1), and any direction given by a specified person for the purpose of taking any such measure or complying with any such requirement — ( a ) does not confer any right to the production of, or of access to, information subject to legal privilege; and ( b ) subject to paragraph ( a ), has effect despite any obligation or limitation imposed or right, privilege or immunity conferred by or under any law, contract or rules of professional conduct, including any restriction on the disclosure of information imposed by law, contract or rules of professional conduct. (4) A specified person who, without reasonable excuse, fails to take any measure or comply with any requirement directed by the Minister under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both. (5) Any person who, without reasonable excuse — ( a ) obstructs a specified person in the taking of any measure or in complying with any requirement under subsection (1); or ( b ) fails to comply with any direction given by a specified person for the purpose of the specified person taking any such measure or complying with any such requirement, 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 10 years or to both. (6) No civil or criminal liability is incurred by — ( a ) a specified person for doing or omitting to do any act if the specified person had done or omitted to do the act in good faith and for the purpose of or as a result of taking any measure or complying with any requirement under subsection (1); or ( b ) a person for doing or omitting to do any act if the person had done or omitted to do the act in good faith and for the purpose of or as a result of complying with a direction given by a specified person for the purpose of taking any such measure or complying with any such requirement. (7) The following persons are not considered to be in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct: ( a ) a specified person who, in good faith, obtains any information for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection, or who discloses any information to the Minister or the Commissioner, in compliance with any requirement under that subsection; ( b ) a person who, in good faith, obtains any information, or discloses any information to a specified person, in compliance with a direction given by the specified person for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection. (8) The following persons, namely: ( a ) a specified person to whom a person has provided information in compliance with a direction given by the specified person for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection; ( b ) a person to whom a specified person provides information in compliance with any requirement under subsection (1), must not use or disclose the information, except — ( c ) with the written permission of the person from whom the information was obtained or, where the information is the confidential information of a third person, with the written permission of the third person; ( d ) for the purpose of preventing, detecting or countering a threat to a computer, computer system or class of computers or computer systems; ( e ) to disclose to any police officer or other law enforcement authority any information which discloses the commission of an offence under this Act or any other written law; or ( f ) in compliance with a requirement of a court or the provisions of this Act or any other written law. (9) Any person who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (10) Where an offence is disclosed in the course of or pursuant to the exercise of any power under this section — ( a ) no information for that offence may be admitted in evidence in any civil or criminal proceedings; and ( b ) no witness in any civil or criminal proceedings is obliged — (i) to disclose the name, address or other particulars of any informer who has given information with respect to that offence; or (ii) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer. (11) If any book, document, data or computer output which is admitted in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the informer’s discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.


document_id: ca-2018
provision_ref: s24
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 24
title: No person to provide licensable cybersecurity service without licence
content:
24. —(1) Except under and in accordance with a cybersecurity service provider’s licence granted or renewed under section 26, no person — ( a ) may engage in the business of providing any licensable cybersecurity service to other persons; or ( b ) being a person who is in the business of providing a licensable cybersecurity service, may advertise, or in any way hold out, that the person provides, or is willing to provide, the licensable cybersecurity service. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (3) Subsection (1) does not apply to the provision of a cybersecurity service by a company to its related company. (4) In this section, “related company” has the meaning given by section 6 of the Companies Act 1967.


document_id: ca-2018
provision_ref: s25
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 25
title: Licensing officer and assistant licensing officers
content:
25. —(1) For the purposes of this Part, the Commissioner is the licensing officer and the officer responsible for the administration of this Part. (2) The licensing officer may appoint such number of assistant licensing officers as are necessary to assist the licensing officer in carrying out the licensing officer’s functions and duties under this Part. (3) Only public officers may be appointed as assistant licensing officers. (4) The functions and duties conferred on the licensing officer by this Part may be performed by any assistant licensing officer and such performance is subject to the direction and control of the licensing officer. (5) The Minister may from time to time give to the licensing officer such directions, not inconsistent with the provisions of this Part, as the Minister may consider necessary for carrying out the provisions of this Part, and the licensing officer must comply with any direction so given.


document_id: ca-2018
provision_ref: s26
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 26
title: Grant and renewal of licence
content:
26. —(1) An application for the grant or renewal of a licence must be — ( a ) made to the licensing officer in such form or manner as may be prescribed; ( b ) accompanied by the prescribed fee (if any); and ( c ) in the case of an application for the renewal of a licence, made not later than one month or any other period before the expiry of the licence (called in this section the renewal period) that may be prescribed. (2) An applicant for the grant or renewal of a licence must, at the licensing officer’s request, provide such further information or evidence that the licensing officer may require to decide the application. (3) Upon receipt of an application under subsection (1), the licensing officer may — ( a ) grant or renew the licence applied for; or ( b ) refuse the application. (4) Subject to the provisions of this Act, an applicant of an application under subsection (1) is eligible for the grant or renewal of the licence if, and only if — ( a ) the applicant has paid the prescribed fee (if any); and ( b ) the applicant satisfies any other requirements that may be prescribed for such grant or renewal. (5) Without affecting subsection (4), the licensing officer may refuse to grant a licence to a person or renew the licence of a person if, in the licensing officer’s opinion — ( a ) where the person is an individual, the individual is not a fit and proper person to hold or to continue to hold the licence; ( b ) where the person is a business entity, the business entity is not a fit and proper person to hold or to continue to hold the licence; or (c) it is not in the public interest to grant or renew the licence, or the grant or renewal of the licence may pose a threat to national security. (6) Where a person submits an application for the renewal of the person’s licence before the start of the renewal period, the licence continues in force until the date on which the licence is renewed or the application for its renewal is refused, as the case may be. (7) Any person who, in making an application for the grant or renewal of a licence — ( a ) makes any statement or furnishes any particulars, information or document which the person knows to be false or does not believe to be true; or ( b ) furnishes any information which the person knows or has reason to believe is misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (8) In deciding for the purposes of this section whether an individual or a business entity is a fit and proper person to hold or continue to hold a licence, the licensing officer may take into account any matter the licensing officer considers relevant, including any of the following: ( a ) in the case of an individual — (i) that the individual has been convicted in Singapore or elsewhere of any offence involving fraud, dishonesty or moral turpitude; (ii) that the individual has had a judgment entered against the individual in civil proceedings that involves a finding of fraud, dishonesty or breach of fiduciary duty on the part of the individual; (iii) that the individual is or was suffering from a mental disorder; (iv) that the individual is an undischarged bankrupt or has entered into a composition with the creditors of the individual; or (v) that the individual has had a licence revoked by the licensing officer previously; ( b ) in the case of a business entity — (i) that the business entity has been convicted in Singapore or elsewhere of any offence involving fraud, dishonesty or moral turpitude; (ii) that the business entity has had a judgment entered against the business entity in civil proceedings that involves a finding of fraud, dishonesty or breach of fiduciary duty on the part of the business entity; (iii) that any officer of the business entity is not a fit and proper person to be an officer of a business entity holding the licence; (iv) that the business entity is in liquidation or is the subject of a winding up order, or there is a receiver appointed in relation to the business entity, or the business entity has entered into a composition or scheme of arrangement with the creditors of the business entity; or (v) that the business entity has had a licence revoked by the licensing officer previously. (9) In deciding, for the purposes of subsection (8)( b )(iii), whether an officer of a business entity is a fit and proper person to be an officer of a business entity holding a licence, the licensing officer may take into account any matter the licensing officer considers relevant, including any of the matters in subsection (8)( a )(i) to (v) with each reference to the individual substituted with a reference to the officer. (10) In this section, “officer of a business entity” means any director or partner of the business entity or other person who is responsible for the management of the business entity.


document_id: ca-2018
provision_ref: s27
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 27
title: Conditions of licence
content:
27. —(1) The licensing officer may grant a licence to an applicant, or renew an applicant’s licence, subject to such conditions as the licensing officer thinks fit to impose. (2) For the purpose of subsection (1), the licensing officer may specify — ( a ) conditions applicable to all licensees; ( b ) conditions applicable to a specified class of licensees; or ( c ) conditions applicable to a specified licensee only. (3) The licensing officer may at any time add to, modify or revoke any condition of a licence imposed under subsection (1). (4) Before making any modification to the conditions of a licence, the licensing officer must give notice to the licensee concerned — ( a ) stating that the licensing officer proposes to make the modification in the manner specified in the notice; and ( b ) specifying the time (being not less than 14 days after the date of service of the notice) within which written representations with respect to the proposed modification may be made. (5) Upon receipt of any written representation mentioned in subsection (4)( b ), the licensing officer must consider the representation and may — ( a ) reject the representation; or ( b ) withdraw or amend the proposed modification whether in accordance with the representation or otherwise, and, in either case (except where the proposed modification is withdrawn), must issue a written direction to the licensee concerned requiring that effect be given within a reasonable time to the proposed modification specified in the notice or to such modification as amended.


document_id: ca-2018
provision_ref: s28
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 28
title: Form and validity of licence
content:
28. —(1) A licence must — ( a ) be in such form as the licensing officer may determine; and ( b ) contain the conditions subject to which it is granted. (2) A licence is in force for such period (not exceeding 5 years) as the licensing officer may specify in the licence, starting from the date of its issue. (3) A licence that is renewed continues in force for such period (not exceeding 5 years) as the licensing officer may specify in writing to the licensee, starting from the date immediately following that on which (but for its renewal) the licence would have expired.


document_id: ca-2018
provision_ref: s29
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 29
title: Duty to keep records
content:
29. —(1) A licensee must — ( a ) in relation to each occasion on which the licensee is engaged to provide its cybersecurity service, keep a record of the following information: (i) the name and address of the person engaging the licensee for the service; (ii) the name of the person providing the service on behalf of the licensee; (iii) the date on which the service is provided; (iv) details of the type of service provided; (v) any other particulars that may be prescribed; and ( b ) retain every such record for a period of not less than 3 years after the date of the occasion to which the record relates. (2) Every licensee must furnish to the licensing officer such records at such time, in such format and through such medium (whether electronic or otherwise) as the licensing officer may require. (3) If a licensee — ( a ) knowingly makes a record that — (i) is false or misleading; or (ii) omits any matter or thing without which the record is misleading; and ( b ) furnishes the record to the licensing officer following a requirement under subsection (2), the licensee shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (4) Subsection (3) does not apply if the record is not false or misleading in a material particular.


document_id: ca-2018
provision_ref: s29A
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 29A
title: Monitoring powers of licensing officer
content:
29A. —(1) The licensing officer has, for the purposes of the execution of this Part, power to do all or any of the following: ( a ) to enter, inspect and examine at a reasonable time the place of business of a licensee; ( b ) to require a licensee to produce any records, accounts and documents kept by the licensee within such reasonable time as is specified by the licensing officer; ( c ) to inspect, examine and make copies of any records, accounts and documents so produced; ( d ) to make such inquiry as may be necessary to ascertain whether a licensee has complied with any condition of a licence, or any provisions of this Part. (2) Where any records, accounts and documents mentioned in subsection (1) are kept in electronic form, then — ( a ) the power of the licensing officer in subsection (1)( b ) to require any records, accounts or documents to be produced for inspection includes the power to require a copy of the records, accounts or documents to be made available for inspection in legible form (and subsection (1)( c ) is to accordingly apply in relation to any copy so made available); and ( b ) the power of the licensing officer under subsection (1)( c ) to inspect any records, accounts or documents includes the power to require any person on the premises in question to give the licensing officer such assistance as he or she may reasonably require to enable him or her — (i) to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them; or (ii) to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the records, accounts or documents. (3) Any person who, without reasonable excuse, fails to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s30
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 30
title: Revocation or suspension of licence
content:
30. —(1) Subject to subsection (4), the licensing officer may by order revoke any licence if the licensing officer is satisfied that — ( a ) the licensee has failed to comply with any condition to which the licence is subject; ( b ) the licence had been obtained by fraud or misrepresentation; ( c ) a circumstance existed at the time the licence was granted or renewed that the licensing officer was unaware of, which would have required or permitted the licensing officer to refuse to grant or renew the licensee’s licence if the licensing officer had been aware of the circumstance at that time; ( d ) the licensee has ceased to carry on in Singapore the business for which the licensee is licensed; ( e ) the licensee has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( f ) the licensee has been convicted of an offence under this Act, or an offence involving fraud, dishonesty or moral turpitude; ( g ) the licensee is no longer a fit and proper person to continue to hold the licence; or ( h ) it is undesirable in the public interest for the licensee to continue to carry on the business of a licensee. (2) Subject to subsection (4), the licensing officer may, in any case in which the licensing officer considers that no cause of sufficient gravity for revoking any licence exists, by order — ( a ) suspend the licence for a period not exceeding 6 months; ( b ) censure the licensee concerned; or ( c ) impose any other conditions that the licensing officer considers appropriate. (3) The licensing officer must give the licensee written notice of — ( a ) the licensing officer’s intention to exercise any power under subsection (1) or (2); and ( b ) the date on which the licensing officer intends to exercise the power. (4) The licensing officer must not, during a period of 14 days after the licensing officer informs the licensee of such intention, exercise any power under subsection (1) or (2) unless the licensee concerned is given an opportunity to be heard, whether in person or by a representative and whether in writing or otherwise. (5) Where the licensing officer has by order revoked a licence under subsection (1) or made any order under subsection (2) in respect of a licensee, the licensing officer must serve on the licensee concerned a notice of the order. (6) An order under subsection (1) or (2) by the licensing officer revoking or suspending a licence — ( a ) takes effect immediately upon service of the notice of the order under subsection (5), in a case where the licensing officer states in the order that it is undesirable in the public interest for the licensee to continue to carry on the licensee’s business as a licensee; and ( b ) in any other case, takes effect at the end of 14 days after the service of the notice of the order on the licensee under subsection (5). (7) In any proceedings under this section consequent upon the conviction of a licensee for a criminal offence, the licensing officer must accept the licensee’s conviction as final. (8) In deciding for the purposes of this section whether a licensee is a fit and proper person to continue to hold a licence, the licensing officer may take into account any matter the licensing officer considers relevant, including any matter mentioned in section 26(8).


document_id: ca-2018
provision_ref: s31
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 31
title: Unlicensed cybersecurity service provider not to recover fees, etc.
content:
31. Any person who provides any licensable cybersecurity service is not entitled to bring any proceeding in any court to recover any commission, fee, gain or reward for the service provided unless, at the time of providing the service, the person is the holder of a valid cybersecurity service provider’s licence.


document_id: ca-2018
provision_ref: s32
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 32
title: Financial penalty
content:
32. —(1) This section applies where a licensee — ( a ) contravenes a provision of this Part, which contravention is not an offence; or ( b ) fails to comply with any condition imposed by the licensing officer on the licence. (2) On the occurrence of a contravention or failure to comply mentioned in subsection (1), the licensing officer may, in addition to or instead of taking any action under section 30(1) or (2), order the licensee to pay a financial penalty of an amount not exceeding $10,000 for each contravention or failure to comply, but not exceeding in the aggregate $50,000. (3) The order mentioned in subsection (2) must specify the date by which the financial penalty is to be paid.


document_id: ca-2018
provision_ref: s33
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 33
title: Licensing officer to give opportunity to make representations before ordering financial penalty
content:
33. —(1) Subsections (2) to (6) apply before the licensing officer makes an order under section 32(2). (2) The licensing officer must give the licensee written notice of — ( a ) the licensing officer’s intention to make the order under section 32(2); and ( b ) the date on which the licensing officer intends to make the order. (3) The date mentioned in subsection (2)( b ) must not be earlier than 21 days after the date of the written notice in subsection (2). (4) The licensee may make representations to the licensing officer at any time before the date mentioned in subsection (2)( b ). (5) The licensing officer must consider any representation made by the licensee before the date mentioned in subsection (2)( b ). (6) The licensing officer must, on or after the date mentioned in subsection (2)( b ), give the licensee written notice of the licensing officer’s final decision.


document_id: ca-2018
provision_ref: s34
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 34
title: Recovery of financial penalties
content:
34. —(1) Any person who fails to pay any financial penalty imposed by the licensing officer by the date specified in the order under section 32(2) or where there is an appeal to the Minister, by the date specified by the Minister, is liable to pay to the licensing officer interest on the amount unpaid at the same rate as for a judgment debt. (2) Any financial penalty payable pursuant to an order under section 32(2), and any interest under subsection (1), is recoverable by the licensing officer, or any person duly authorised by the licensing officer to act on his or her behalf, as a debt due to the Government. (3) The licensing officer may, in any case in which the licensing officer thinks fit, waive, remit or refund in whole or in part any financial penalty imposed or any interest due on any financial penalty. (4) Any financial penalty and any interest on any financial penalty collected under this section must be paid into the Consolidated Fund. (5) In any proceedings for the recovery of any financial penalty or interest due on any financial penalty which any person is liable to pay, a certificate purporting to be under the hand of the licensing officer certifying the amount of the financial penalty or interest due on the financial penalty that is payable by the person is prima facie evidence of the facts stated in the certificate.


document_id: ca-2018
provision_ref: s35
chapter: PART 5 - CYBERSECURITY SERVICE PROVIDERS
section: 35
title: Appeal to Minister
content:
35. —(1) Any person whose application for a licence or for the renewal of a licence has been refused by the licensing officer may, within the relevant period after being notified of such refusal, appeal against the refusal in the prescribed manner to the Minister. (2) Where a licence is granted or renewed by the licensing officer subject to conditions or where any condition is added or modified under section 27(3), the licensee concerned may, within the relevant period after being notified of such conditions, addition or modification, appeal against the conditions in the prescribed manner to the Minister. (3) If the licensing officer has made any order under section 30(1) or (2) in respect of any licensee, the licensee may, within the relevant period after being served with the notice of the order, appeal against the order in the prescribed manner to the Minister. (4) Any person aggrieved by the licensing officer’s order under section 32(2) may, within the relevant period after being notified of the order, appeal against the order in the prescribed manner to the Minister. (5) In any appeal under this section against an order of the licensing officer made consequent upon the conviction of the licensee for a criminal offence, the Minister must accept the licensee’s conviction as final. (6) An appeal under this section against a decision of the licensing officer (except an order mentioned in section 30(6)( b ) or 32(2)) does not affect the effect of the decision appealed against or prevent the taking of action to implement the decision and the decision appealed against must be complied with until the determination of the appeal. (7) The decision of the Minister on an appeal under this section is final. (8) In this section, “relevant period” means 14 days or such longer period as the Minister allows in a particular case, whether allowed before or after the end of the 14 days.


document_id: ca-2018
provision_ref: s35A
chapter: PART 6 - GENERAL
section: 35A
title: Codes of practice and standards of performance
content:
35A. —(1) The Commissioner may, from time to time — ( a ) issue or approve one or more codes of practice or standards of performance for the regulation of the following persons with respect to measures to be taken by them to ensure the cybersecurity of the computers or computer systems indicated: (i) owners of provider-owned critical information infrastructure — the provider-owned critical information infrastructure; (ii) designated providers responsible for third‑party‑owned critical information infrastructure — the third-party-owned critical information infrastructure for which they are responsible; (iii) owners of systems of temporary cybersecurity concern — the systems of temporary cybersecurity concern; (iv) entities of special cybersecurity interest — the systems of special cybersecurity interest in relation to which they are designated; (v) major foundational digital infrastructure service providers — the major foundational digital infrastructure in relation to which they are designated; and ( b ) amend or revoke any code of practice or standard of performance issued or approved under paragraph ( a ). (2) If any provision in any code of practice or standard of performance is inconsistent with this Act, the provision, to the extent of the inconsistency, does not have effect. (3) Where a code of practice or standard of performance is issued, approved, amended or revoked by the Commissioner under subsection (1), the Commissioner must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) in such manner as will secure adequate publicity for such issue, approval, amendment or revocation; ( b ) specify in the notice the date of the issue, approval, amendment or revocation (as the case may be); and ( c ) ensure that, so long as the code of practice or standard of performance remains in force, copies of that code or standard, and of all amendments to that code or standard, are available free of charge to a person to whom that code or standard applies. (4) None of the following has any effect until the notice relating to it is published in accordance with subsection (3): ( a ) a code of practice or standard of performance; ( b ) an amendment to a code of practice or standard of performance; ( c ) a revocation of a code of practice or standard of performance. (5) Any code of practice or standard of performance has no legislative effect. (6) Subject to subsections (4) and (7), every person mentioned in subsection (1) must comply with the codes of practice and standards of performance that apply to the person. (7) The Commissioner may, either generally or for such time as the Commissioner may specify, waive the application to a person of any code of practice or standard of performance, or any part of it. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s35B
chapter: PART 6 - GENERAL
section: 35B
title: Appeal to Minister against decision, etc., under Parts 3, 3A, 3B, 3C and 3D, etc.
content:
35B. —(1) This section applies to appeals to the Minister against any decision, order or written direction of the Commissioner under Part 3, 3A, 3B, 3C or 3D set out in subsection (2), or any code of practice or standard of performance issued, approved or amended by the Commissioner. (2) A person who is aggrieved by — ( a ) the decision of the Commissioner to issue a notice under — (i) section 7(1) or (1A) designating the provider‑owned critical information infrastructure as such; (ii) section 16A(1) designating the designated provider responsible for third-party-owned critical information infrastructure as such; (iii) section 17(1) designating the system of temporary cybersecurity concern as such; (iv) section 18(1) designating the entity of special cybersecurity interest as such; or (v) section 18G(1) designating the major foundational digital infrastructure service provider as such; ( b ) the decision of the Commissioner to issue a notice under — (i) section 9A(1) extending the designation of the provider-owned critical information infrastructure as such; (ii) section 16D(1) extending the designation of the designated provider responsible for third‑party‑owned critical information infrastructure as such; (iii) section 17C(1) extending the designation of the system of temporary cybersecurity concern as such; (iv) section 18C(1) extending the designation of the entity of special cybersecurity interest as such; or (v) section 18J(1) extending the designation of the major foundational digital infrastructure service provider as such; ( c ) an order of the Commissioner under section 16B(5), 16E(2), 16F(2) or (3), 16H(2), 16I(2) or 16J(2); ( d ) a written direction of the Commissioner under section 12(1), 16(2), 16G(1), 16L(2), 17E(1), 18E(1) or 18L(1); or ( e ) any provision in any code of practice or standard of performance issued or approved by the Commissioner that applies to the person, or any amendment made to it, may appeal to the Minister against the decision, order, direction, provision or amendment in the manner prescribed. (3) An appeal under subsection (2) must be made within 30 days after the date of the notice, order or direction, or the issue, approval or amendment (as the case may be) of the code of practice or standard of performance (as the case may be) or such longer period as the Minister allows in a particular case (whether allowed before or after the end of the 30 days). (4) Any person who makes an appeal to the Minister under subsection (2) must, within the period specified in subsection (3) — ( a ) state as concisely as possible the circumstances under which the appeal arises, and the issues and grounds for the appeal; and ( b ) submit to the Minister all relevant facts, evidence and arguments for the appeal. (5) Where an appeal has been made to the Minister under subsection (2), the Minister may require — ( a ) any party to the appeal; and ( b ) any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters appealed against, to provide the Minister with all such information as the Minister may require, whether for the purpose of deciding if an Appeals Advisory Panel should be established or for determining the appeal, and any person so required must provide the information in such manner and within such period as may be specified by the Minister. (6) The Minister may dismiss an appeal of an appellant who fails to comply with subsection (4) or (5). (7) Unless otherwise provided by this Act or allowed by the Minister, where an appeal is lodged under this section, the decision, order, direction or other thing appealed against must be complied with until the determination of the appeal. (8) The Minister may determine an appeal under this section — ( a ) by confirming, varying or reversing a decision, notice, order, direction, provision of a code of practice or standard of performance, or an amendment to such code or standard; or ( b ) by directing the Commissioner to reconsider the Commissioner’s decision, notice, order, direction or provision of a code of practice or standard of performance, as the case may be. (9) Before determining an appeal under subsection (8), the Minister may consult any Appeals Advisory Panel established for the purpose of advising the Minister in respect of the appeal but, in making such determination, is not bound by the advice of the Panel. (10) The decision of the Minister in any appeal is final. (11) The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s35C
chapter: PART 6 - GENERAL
section: 35C
title: Appeals Advisory Panel
content:
35C. —(1) Where the Minister considers that an appeal lodged under section 35B(2) involves issues the resolution or understanding of which require particular technical skills or specialised knowledge, the Minister may establish an Appeals Advisory Panel to provide advice to the Minister in respect of the appeal. (2) For the purposes of establishing an Appeals Advisory Panel, the Minister may do all or any of the following: ( a ) determine, and from time to time vary, the terms of reference of the Appeals Advisory Panel; ( b ) appoint persons possessing particular technical skills or specialised knowledge to be the chairperson and other members of an Appeals Advisory Panel; ( c ) at any time remove the chairperson or other member of an Appeals Advisory Panel from such office; ( d ) determine any other matter which the Minister considers incidental to or expedient for the proper and efficient conduct of business by the Appeals Advisory Panel. (3) An Appeals Advisory Panel may regulate its proceedings in such manner as it considers appropriate, subject to the following: ( a ) the quorum for a meeting of the Appeals Advisory Panel is a majority of its members; ( b ) a decision supported by a majority of the votes cast at a meeting of the Appeals Advisory Panel at which a quorum is present is the decision of that Panel. (4) The remuneration and allowances (if any) of a member of an Appeals Advisory Panel is to be determined by the Minister. (5) An Appeals Advisory Panel is independent in the performance of its functions. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s36
chapter: PART 6 - GENERAL
section: 36
title: Offences by corporations
content:
36. —(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 a member of the corporation (in the case where the affairs of the corporation are managed by its members); or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: ca-2018
provision_ref: s37
chapter: PART 6 - GENERAL
section: 37
title: Offences by unincorporated associations or partnerships
content:
37. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or the partnership and in a position to influence the conduct of that unincorporated association or that partnership in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or the partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or the partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is that unincorporated association or that partnership, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or the partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof as that unincorporated association or that partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not that unincorporated association or that partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: ca-2018
provision_ref: s38
chapter: PART 6 - GENERAL
section: 38
title: Powers of investigation
content:
38. —(1) An investigation officer authorised by the Commissioner may, in relation to any offence under this Act (except any offence under section 23) or any regulations made under this Act, on declaration of the investigation officer’s office and production to the person against whom the investigation officer is acting such identification card as the Commissioner may direct to be carried — ( a ) require any person whom the investigation officer reasonably believes to have committed that offence to furnish evidence of the person’s identity; ( b ) require, by written notice, any person whom the investigation officer reasonably believes has — (i) any information; or (ii) any document in the person’s custody or control, that is relevant to the investigation, to furnish that information or document within the time and manner specified in the written notice; ( c ) require, by written order, the attendance before the investigation officer of any person within the limits of Singapore who, from any information given or otherwise obtained by the investigation officer, appears to be acquainted with the facts or circumstances of the case; or ( d ) examine orally any person who appears to be acquainted with the facts or circumstances of the case — (i) whether before or after that person or anyone else is charged with an offence in connection with the case; and (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceedings in connection with the case. (2) The person mentioned in subsection (1)( d ) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (3) A statement made by a person examined under subsection (1)( d ) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted to the person in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. (4) If any person fails to attend as required by an order under subsection (1)( c ), the investigation officer may report such failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order. (5) An investigation officer may, without payment, take possession or make copies of any document (or any part of it) furnished under subsection (1), for further investigation. (6) Any person who — ( a ) refuses to give access to, or assaults, obstructs, hinders or delays, an investigation officer in the discharge of the investigation officer’s duties under this Act; ( b ) wilfully misstates or without lawful excuse refuses to give any information or produce any document required by an investigation officer under subsection (1); or ( c ) fails to comply with a lawful demand of an investigation officer in the discharge of the investigation officer’s duties under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (7) In this section and section 39, “investigation officer” means the Deputy Commissioner, or any Assistant Commissioner or cybersecurity officer authorised by the Commissioner, exercising the powers of investigation under this section or section 39.


document_id: ca-2018
provision_ref: s39
chapter: PART 6 - GENERAL
section: 39
title: Power to enter premises under warrant
content:
39. —(1) A Magistrate may, on the application of an investigation officer, issue a warrant in respect of any premises if the Magistrate is satisfied that there are reasonable grounds to suspect that there is on the premises any document — ( a ) which has been required by an investigation officer under section 38 to be furnished, but has not been furnished in compliance with that requirement; or ( b ) which, if required by an investigation officer under section 38 to be furnished, will be concealed, removed, tampered with or destroyed. (2) If the Magistrate is also satisfied that there are reasonable grounds to suspect that there is on those premises any other document that relates to any matter relevant to the investigation concerned, the Magistrate may direct that the powers exercisable under the warrant extend to that other document. (3) A warrant under subsection (1) may authorise a named investigation officer, and any other officer whom the Commissioner has authorised in writing to accompany the investigation officer — ( a ) to enter and search the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( b ) to take possession of, make copies of, or secure against interference, any document (or any part of it) that appears to be a document mentioned in subsection (1) or (2) (called in this section the relevant document); ( c ) to require any person on the premises to provide an explanation of any relevant document or, where applicable, to state, to the best of that person’s knowledge and belief, where the relevant document may be found; and ( d ) to require any relevant document that is stored in electronic form and accessible at the premises to be produced in a form that — (i) can be taken away; and (ii) is visible and legible. (4) The warrant continues in force until the end of the period of one month beginning on the day on which it is issued. (5) If the owner or occupier of the premises is present when the investigation officer proposes to execute the warrant, the investigation officer must — ( a ) identify himself or herself to the owner or occupier; ( b ) show the owner or occupier proof of the identity and authorisation of the investigation officer; and ( c ) give the owner or occupier a copy of the warrant. (6) If there is no one at the premises when the investigation officer proposes to execute the warrant, the investigation officer must, before executing it — ( a ) take such steps as are reasonable in all the circumstances to inform the owner or occupier of the premises of the intended entry into the premises; and ( b ) where the owner or occupier is so informed, give the owner or occupier or the legal or other representative of the owner or occupier a reasonable opportunity to be present when the warrant is executed. (7) If the investigation officer is unable to inform the owner or occupier of the premises of the intended entry into the premises, the investigation officer must, when executing the warrant, leave a copy of it in a prominent place on the premises. (8) The investigation officer must — ( a ) prepare and sign a list of all documents and other things taken under subsection (3)( b ) and ( d ) in execution of the warrant; and ( b ) give a copy of the list to the owner or occupier of the premises or the legal or other representative of the owner or occupier. (9) On leaving the premises after executing the warrant, the investigation officer must, if the premises are unoccupied or the owner or occupier of the premises is temporarily absent, leave the premises as effectively secured as the investigation officer found them. (10) In this section — “occupier”, in relation to any premises specified in a warrant under subsection (1), means a person whom the investigation officer named in the warrant reasonably believes to be the occupier of those premises; “premises” includes any building, structure, vehicle, vessel or aircraft.


document_id: ca-2018
provision_ref: s40
chapter: PART 6 - GENERAL
section: 40
title: Jurisdiction of court
content:
40. 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: ca-2018
provision_ref: s41
chapter: PART 6 - GENERAL
section: 41
title: Composition of offences
content:
41. —(1) The Commissioner or any Assistant Commissioner authorised by the Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) a sum of $5,000. (2) Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner. (3) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund.


document_id: ca-2018
provision_ref: s41A
chapter: PART 6 - GENERAL
section: 41A
title: Extension of time
content:
41A. —(1) A person who, in any particular case, is unable to do any thing that the person is required to do under Part 3, 3A, 3B, 3C or 3D (including any direction or order issued under those Parts) within the time specified for it may apply in writing to the Commissioner for an extension of time. (2) The Commissioner may grant an extension of time (whether for the same or less than the period of extension applied for), upon being satisfied that there are good reasons to do so. [Act 19 of 2024 wef 31/10/2025]


document_id: ca-2018
provision_ref: s42
chapter: PART 6 - GENERAL
section: 42
title: Service of documents
content:
42. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other like officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) This section does not apply to documents to be served in proceedings in court. (7) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: ca-2018
provision_ref: s43
chapter: PART 6 - GENERAL
section: 43
title: Preservation of secrecy
content:
43. —(1) Subject to subsections (3) and (7), every specified person must preserve, and aid in preserving, the secrecy of — ( a ) all matters relating to a computer or computer system of any person; ( b ) all matters relating to the business, commercial or official affairs of any person; ( c ) all matters that have been identified as confidential under subsection (5); and ( d ) all matters relating to the identity of persons furnishing information to any specified person, that may come to the specified person’s knowledge in the performance of his or her functions or the discharge of his or her duties under this Act. (2) The specified person must not communicate any matter mentioned in subsection (1) to any person, except insofar as such communication — ( a ) is necessary for the performance of any such function or the discharge of any such duty; or ( b ) is lawfully required by any court, or lawfully required or allowed by or under this Act or any other written law. (3) This section does not apply to any information provided in compliance with a direction or requirement under section 23. (4) Any person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (5) Any person, when furnishing any information to a specified person, may identify information that the person claims to be confidential information. (6) Every claim made under subsection (5) must be supported by a written statement giving reasons why the information is confidential. (7) Despite subsection (1), the Commissioner may disclose any information relating to any matter mentioned in subsection (1) in any of the following circumstances: ( a ) where the written consent of the person to whom the information relates has been obtained; ( b ) for the purposes of — (i) a prosecution under this Act; (ii) subject to subsection (8), enabling the Commissioner to give effect to any provision of this Act; (iii) enabling the Commissioner to investigate a suspected offence under this Act or to enforce a provision of this Act; (iv) disclosing to any police officer any information which discloses the commission of an offence under the Computer Misuse Act 1993; or (v) complying with such provision of an agreement between Singapore and a country or territory outside Singapore (called in this section a foreign country) as may be prescribed, where the conditions specified in subsection (9) are satisfied. (8) If the Commissioner is considering whether to disclose any information under subsection (7)( b )(ii), the Commissioner must have regard to — ( a ) the need to exclude, so far as is practicable, information the disclosure of which would in his or her opinion be contrary to the public interest; ( b ) the need to exclude, so far as is practicable — (i) commercial information the disclosure of which would, or might, in his or her opinion, significantly harm the legitimate business interests of the undertaking to which it relates; or (ii) information relating to the private affairs of an individual the disclosure of which would, or might, in his or her opinion, significantly harm the individual’s interest; and ( c ) the extent to which the disclosure is necessary for the purposes for which the Commissioner is proposing to make the disclosure. (9) The conditions mentioned in subsection (7)( b )(v) are — ( a ) the information or documents requested by the foreign country are available to the Commissioner; ( b ) unless the Government otherwise allows, the foreign country undertakes to keep the information or documents given confidential at all times; and ( c ) the disclosure of the information or documents is not likely to be contrary to the public interest. (10) In this section, “specified person” means a person who is or has been — ( a ) the Commissioner, the Deputy Commissioner, an Assistant Commissioner, a cybersecurity officer or a person appointed or employed to assist the Commissioner; ( b ) an authorised officer appointed under section 6; ( c ) a member of an Appeals Advisory Panel established under section 35C; [Act 19 of 2024 wef 31/10/2025] ( d ) a cybersecurity technical expert appointed under section 22; ( e ) an assistant licensing officer; or ( f ) the Minister, or a person appointed or employed to assist the Minister.


document_id: ca-2018
provision_ref: s44
chapter: PART 6 - GENERAL
section: 44
title: Protection from personal liability
content:
44. —(1) No liability shall lie against the Commissioner, the Deputy Commissioner, an Assistant Commissioner, a cybersecurity officer, an authorised officer appointed under section 6, an assistant licensing officer, a member of an Appeals Advisory Panel established under section 35C or any other person acting under the direction of the Commissioner who, acting in good faith and with reasonable care, does or omits to do anything in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function or duty under this Act. [Act 19 of 2024 wef 31/10/2025] (2) Where the Commissioner provides a service to the public whereby information is supplied to the public pursuant to any written law, neither the Commissioner nor any person acting under the direction of the Commissioner who is involved in the supply of such information is liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature appearing in the information or however caused, if the error or omission was made in good faith and despite the exercise of reasonable care in the ordinary course of the discharge of the duties of the Commissioner or such person.


document_id: ca-2018
provision_ref: s45
chapter: PART 6 - GENERAL
section: 45
title: Protection of informers
content:
45. —(1) No witness in any proceedings for an offence under Part 3, 3A, 3B, 3C or 3D, or for a civil penalty under section 37A or 37C, is obliged or permitted — ( a ) to disclose the name, address or other particulars of an informer who has given information with respect to that offence, or the substance of the information received from the informer; or ( b ) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer. [Act 19 of 2024 wef 31/10/2025] (2) If any document which is in evidence or liable to inspection in any proceedings mentioned in subsection (1) 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 the informer’s complaint a material statement which the informer 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 the 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: ca-2018
provision_ref: s46
chapter: PART 6 - GENERAL
section: 46
title: General exemption
content:
46. —(1) The Minister may, by order in the Gazette , exempt any person or any class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as may be prescribed. (2) If any exemption is granted under subsection (1) with conditions, the exemption operates only if the conditions are complied with.


document_id: ca-2018
provision_ref: s47
chapter: PART 6 - GENERAL
section: 47
title: Amendment of Schedules
content:
47. —(1) The Minister may at any time, by order in the Gazette , amend the First or Second Schedule. (2) The Minister may, in any order made under subsection (1), make such transitional, incidental, consequential or supplementary provision as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ca-2018
provision_ref: s48
chapter: PART 6 - GENERAL
section: 48
title: Regulations
content:
48. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the procedure for the designation of a provider-owned critical information infrastructure, designated provider responsible for third-party-owned critical information infrastructure, system of temporary cybersecurity concern, entity of special cybersecurity interest or major foundational digital infrastructure service provider; [Act 19 of 2024 wef 31/10/2025] ( b ) the technical or other standards relating to cybersecurity to be maintained in respect of a provider-owned critical information infrastructure, third-party-owned critical information infrastructure, system of temporary cybersecurity concern, system of special cybersecurity interest or major foundational digital infrastructure; [Act 19 of 2024 wef 31/10/2025] ( c ) the responsibilities and duties of the owner of a provider-owned critical information infrastructure or system of temporary cybersecurity concern, designated provider responsible for third-party-owned critical information infrastructure, entity of special cybersecurity interest or major foundational digital infrastructure service provider; [Act 19 of 2024 wef 31/10/2025] ( d ) the type of changes that are considered material changes to the design, configuration, security or operations of a provider-owned critical information infrastructure or a third-party-owned critical information infrastructure to be reported by the owner of the provider-owned critical information infrastructure or the designated provider responsible for third-party-owned critical information infrastructure; [Act 19 of 2024 wef 31/10/2025] ( e ) the type of cybersecurity incidents relating to — (i) a provider-owned critical information infrastructure that are required to be reported by the owner of the provider-owned critical information infrastructure; (ii) a third-party-owned critical information infrastructure that are required to be reported by the designated provider responsible for third-party-owned critical information infrastructure; (iii) a system of temporary cybersecurity concern that are required to be reported by the owner of the system of temporary cybersecurity concern; (iv) a system of special cybersecurity interest that are required to be reported by the entity of special cybersecurity interest; or (v) a major foundational digital infrastructure that are required to be reported by the major foundational digital infrastructure service provider; [Act 19 of 2024 wef 31/10/2025] ( f ) the requirements for, and the manner for the carrying out of, cybersecurity audits and cybersecurity risk assessments required to be conducted by the owner of a provider-owned critical information infrastructure or the owner of a third-party-owned critical information infrastructure; [Act 19 of 2024 wef 31/10/2025] ( g ) the form and nature of cybersecurity exercises that may be conducted; ( h ) the class or classes of licence to be issued, and the requirements for the grant or renewal of the licence; ( i ) the conduct of licensees in carrying on their business; ( ia ) the use of any accreditation, certification or inspection mark of the Cyber Security Agency of Singapore; [Act 19 of 2024 wef 31/10/2025] ( j ) the fees to be paid in respect of any matter or thing required for the purposes of this Act, including the refund and remission (in whole or part) of such fees; ( k ) all matters and things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Act. (3) Except as otherwise expressly provided in this Act, the regulations — ( a ) may be of general or specific application; ( b ) may provide that any contravention of any specified provision of the regulations shall be an offence; and ( c ) may provide for penalties not exceeding a fine of $50,000 or imprisonment for a term not exceeding 12 months or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of 10% of the maximum fine prescribed for that offence for every day or part of a day during which the offence continues after conviction.


document_id: ca-2018
provision_ref: s49
chapter: PART 6 - GENERAL
section: 49
title: Saving and transitional provisions
content:
49. —(1) Despite anything in this Act, any person who, immediately before the date of commencement of Part 5, is engaged in the business of providing a licensable cybersecurity service, may continue to engage in that business — ( a ) for 6 months starting on the date of commencement of Part 5; and ( b ) if, within the period in paragraph ( a ), the person applies for a licence under section 26, until the earlier of the following: (i) the date on which the licensing officer grants the licence to the person; (ii) the date that the application is finally refused or withdrawn. (2) 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. [51


document_id: ca-2021
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Copyright Act 2021. (2) Division 2 of Part 9 and sections 501(2) and (3) and 507(4)( c ) and (10) come into operation on a date that the Minister appoints by notification in the Gazette .


document_id: ca-2021
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Application to things existing before 21 November 2021
content:
2. Unless it expressly provides otherwise, this Act applies to a thing existing on 21 November 2021 as it applies to a thing coming into existence after that date.


document_id: ca-2021
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Extension of Act to reciprocating countries
content:
3. —(1) Subject to subsection (2), regulations may prescribe that — ( a ) a country is a reciprocating country; and ( b ) this Act is extended so as to apply in relation to the country or its nationals — (i) generally or for specified classes of cases; and (ii) with or without modifications or exceptions. (2) A country may be prescribed as a reciprocating country only if — ( a ) in relation to works protected by copyright under the provisions of this Act — (i) the country and Singapore are both parties to a treaty, convention or other international agreement relating to copyright; or (ii) the Minister is satisfied that those works are or will be adequately protected under the law of the country; and ( b ) in relation to the performances protected under the provisions of this Act — (i) the country and Singapore are both parties to a treaty, convention or other international agreement relating to the protection of performances; or (ii) the Minister is satisfied that those performances are or will be adequately protected under the law of the country. (3) In this section and section 4, “national”, in relation to a country, means — ( a ) a national, citizen or resident of the country; or ( b ) a body incorporated or established under the law of the country.


document_id: ca-2021
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Exclusion of non‑reciprocating countries from Act
content:
4. —(1) Subject to subsection (2), regulations may prescribe that — ( a ) a country is a non‑reciprocating country; and ( b ) either — (i) this Act does not apply in relation to the country or its nationals, whether generally or for specified classes of cases; or (ii) the application of this Act in relation to the country or its nationals is subject to modifications or exceptions. (2) A country may be prescribed as a non‑reciprocating country only if the Minister considers that the law of the country does not give adequate protection to — ( a ) works (or any class of works) protected by copyright under this Act; or ( b ) performances (or any class of performances) protected under this Act. (3) Without limiting subsection (2), the inadequacy of protection may relate to the nature of the work or performance, or the nationality, citizenship or country of residence of the person who made the work or gave the performance. (4) In making regulations under subsection (1)( b ), the Minister must have regard to the nature and extent of the inadequacy mentioned in subsection (2). (5) Regulations under subsection (1) must not deprive a person of any rights acquired under this Act before the date on which the regulations are published in the Gazette . (6) In this section, “work” does not include a published edition of an authorial work.


document_id: ca-2021
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Saving for other laws
content:
5. —(1) Unless it expressly provides otherwise, this Act does not affect any right or privilege of any person (including the Government) under any other written law. (2) This Act does not affect the operation of the law relating to breaches of trust or confidence.


document_id: ca-2021
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Act binds Government
content:
6. —(1) Unless it expressly provides otherwise, this Act binds the Government. (2) The Government is not liable to be prosecuted for an offence under this Act.


document_id: ca-2021
provision_ref: s7
chapter: PART 2 - INTERPRETATION
section: 7
title: General interpretation
content:
7. —(1) In this Act, unless the context otherwise requires — “1911 Act” means the Copyright Act 1911 of the United Kingdom (U.K. 1911, c. 46) insofar as that Act has effect as part of the law of Singapore; “1987 Act” means the Copyright Act (Cap. 63, 2006 Revised Edition) repealed by this Act; “action” means a civil action and includes a counterclaim; “adaptation” — ( a ) in relation to a literary or dramatic work, has the meaning given by section 17; and ( b ) in relation to a musical work, has the meaning given by section 18; “archive” has the meaning given by section 92; “article” includes a copy, in electronic form, of a work; “artistic work” has the meaning given by section 20(1); “authorial work” has the meaning given by section 9; “authorised officer”, in relation to a public collection, has the meaning given by section 94; “body administering an educational institution” has the meaning given by section 84; “body administering an institution aiding persons with intellectual disabilities” has the meaning given by section 90; “body administering an institution aiding persons with print disabilities” has the meaning given by section 87; “broadcast” has the meanings given by sections 27 and 28; “broadcasting licence” and “broadcasting licensee” have the meanings given by section 2(1) of the Broadcasting Act 1994; “building” has the meaning given by section 20(2); “cable programme” has the meaning given by section 34; “cable programme service” has the meaning given by section 35(1); “commercial advantage”, in relation to an act, has the meaning given by section 74; “commercial dealing” has the meaning given by section 73(2); “commercial rental arrangement”, in relation to a computer program or a sound recording, has the meaning given by section 75; “communicate” and “communication” have the meanings given by section 61; “compilation” has the meaning given by section 13(2); “computer program” has the meaning given by section 13(3); “construction” includes erection and “reconstruction” has a corresponding meaning; “contract of service” has the meaning given by section 2(1) of the Employment Act 1968; “copy” has the meanings given by the provisions in Subdivision (2) of Division 3 of Part 2; “Copyright Tribunal” or “Tribunal” means a Copyright Tribunal established under this Act; “copyright work” means a work in which copyright subsists; “Court” means the General Division of the High Court; [Act 22 of 2021 wef 01/04/2022] “custodian”, in relation to a public collection, has the meaning given by section 93; “deal commercially” has the meaning given by section 73(1); “Director of National Archives” means the Director of National Archives appointed under section 15(1) of the National Library Board Act 1995; “dramatic work” has the meaning given by section 15; “drawing” has the meaning given by section 20(2); “edition of an authorial work” includes an edition of authorial works; “educational institution” has the meaning given by section 83; “electronic” means actuated by electric, magnetic, electro‑magnetic, electro‑chemical or electro‑mechanical energy; “electronic copy”, in relation to a work or a recording of a protected performance, means a copy of the work or recording in an electronic form; “engraving” has the meaning given by section 20(2); “exclusive licence” and “exclusive licensee” have the meanings given by section 103; “film” — ( a ) has the meaning given by section 24(1); and ( b ) in relation to a television broadcast, has the meaning given by section 46(2); “flagrantly infringing online location” has the meaning given by section 99; “for‑profit” means operated or conducted, directly or indirectly, for profit; “foreign institution aiding persons with print disabilities” has the meaning given by section 88; “future copyright” has the meaning given by section 140(3); “in electronic form” means in a form usable only by electronic means; “infringing copy” has the meaning given by section 98; “institution” includes an educational institution; “institution aiding persons with intellectual disabilities” has the meaning given by section 89; “institution aiding persons with print disabilities” has the meaning given by section 86; “IPOS” means the Intellectual Property Office of Singapore established by the Intellectual Property Office of Singapore Act 2001; “literary work” has the meaning given by section 13(1); “National Archives” has the meaning given by section 2 of the National Library Board Act 1995; “National Heritage Board” means the National Heritage Board established by the National Heritage Board Act 1993; “National Library Board” means the National Library Board established by the National Library Board Act 1995; “non‑profit” means not operated or conducted, directly or indirectly, for profit; “on demand” has the meaning given by section 62; “organisation” means an organisation or association of persons (whether corporate or unincorporate); “paying audience”, in relation to a television broadcast or cable programme, has the meaning given by section 76(1); “perform” and “performance”, in relation to an authorial work, have the meanings given by section 67; “periodical publication” means an issue of a periodical publication and “same periodical publication” has a corresponding meaning; “person with a print disability” has the meaning given by section 85; “photograph” has the meaning given by section 20(2); “premises” includes any land, building, structure and conveyance; “prescribed international organisation” has the meaning given by section 81(2); “prospective owner”, in relation to a future copyright, means — ( a ) in relation to a future copyright that is not assigned — the person who would be the first owner of the copyright under the provisions of this Act when the copyright comes into existence; and ( b ) in relation to a future copyright that is assigned — the assignee in whom the copyright will vest under the assignment when the copyright comes into existence; “protected performance” means a performance that is protected under Part 4; “protection period”, in relation to a performance, means the period for which the performance is protected under section 174; “provisions of this Act” does not include subsidiary legislation made under this Act; “public body” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018; “public collection” has the meaning given by section 91; “qualified individual” has the meaning given by section 77; “qualified person” has the meaning given by section 78; “qualifying performance” has the meaning given by section 37(1); “re‑transmission”, in relation to a broadcast, has the meaning given by section 65; “receiving apparatus” means any device or equipment that, if operated alone or together with any other device or equipment, enables people to see or hear a work that is communicated; “record” means a disc, tape, paper or other device in which sounds are embodied; “recording”, in relation to a protected performance, has the meaning given by section 38(1); “rights infringement” has the meaning given by section 97; “rights owner” has the meaning given by section 96; “sculpture” has the meaning given by section 20(2); “Singapore resident” has the meaning given by section 79; “sound broadcast” has the meaning given by section 30; “sound recording” has the meaning given by section 21; “soundtrack”, in relation to a film, has the meaning given by section 24(2)( c ); “sounds”, in relation to a film, has the meaning given by section 24(2)( b ); “television broadcast” has the meaning given by section 29; “visual images”, in relation to a film, has the meaning given by section 24(2)( a ); “wireless telegraphy” means the emitting or receiving, otherwise than over a path that is provided by a material substance, of electro‑magnetic energy; “work” has the meaning given by section 8; “work of joint authorship” has the meaning given by section 10; “working day” means any day other than a Saturday, Sunday or public holiday. (2) Unless the context otherwise requires, the provisions of this Part apply to and for the purposes of this Act. Division 2 &#x2014; Works and performances Subdivision (1) &#x2014; Works


document_id: ca-2021
provision_ref: s8
chapter: PART 2 - INTERPRETATION
section: 8
title: What is a work
content:
8. A “work” is — ( a ) an authorial work; ( b ) a published edition of an authorial work; ( c ) a sound recording; ( d ) a film; ( e ) a broadcast; or ( f ) a cable programme. Subdivision (2) &#x2014; Authorial works in general


document_id: ca-2021
provision_ref: s10
chapter: PART 2 - INTERPRETATION
section: 10
title: What is a work of joint authorship
content:
10. An authorial work is a “work of joint authorship” if — ( a ) it is produced by the collaboration of 2 or more authors; and ( b ) the contributions of the authors are not separate.


document_id: ca-2021
provision_ref: s11
chapter: PART 2 - INTERPRETATION
section: 11
title: Reference to author includes all joint authors
content:
11. Unless expressly provided otherwise, a reference in this Act to the author of an authorial work is, in relation to a work of joint authorship, a reference to all the authors of the work.


document_id: ca-2021
provision_ref: s12
chapter: PART 2 - INTERPRETATION
section: 12
title: What is an authorial work with an identified author
content:
12. —(1) An authorial work has an identified author if — ( a ) the identity of the author is generally known or can reasonably be ascertained; or ( b ) in the case of a work of joint authorship — the identity of at least one of the authors is generally known or can reasonably be ascertained. (2) For the purposes of subsection (1) — ( a ) the identity of the author of an authorial work is deemed to be generally known if — (i) the work is published; and (ii) the true name of the author, or a name by which the author is generally known, is specified in the published work as the author; and ( b ) the identity of an author is not generally known just because the pseudonym of the author is generally known. Subdivision (3) &#x2014; Literary, dramatic and musical works


document_id: ca-2021
provision_ref: s13
chapter: PART 2 - INTERPRETATION
section: 13
title: Literary work includes computer program and compilation
content:
13. —(1) A “literary work” includes — ( a ) a compilation in any form; and ( b ) a computer program. (2) A “compilation” is a compilation or table — ( a ) consisting — (i) wholly or partly of the following material: (A) an authorial work, including a computer program; (B) a published edition of an authorial work; (C) a sound recording; (D) a film; (E) a broadcast; (F) a cable programme; (G) a recording of a protected performance; or (ii) of data other than the material mentioned in sub‑paragraph (i); and ( b ) that is an intellectual creation because of the selection or arrangement of its contents. (3) A “computer program” is an expression (in any language, code or notation) of a set of instructions (whether with or without related information) intended to — ( a ) directly cause a device with information processing capabilities to perform a particular function; or ( b ) cause a device with information processing capabilities to perform a particular function after — (i) converting the instructions into another language, code or notation; (ii) copying the instructions in a different material form; or (iii) both of those acts. (4) To avoid doubt, a computer program made before 10 April 1987 (or over a period ending before that date) is a literary work.


document_id: ca-2021
provision_ref: s14
chapter: PART 2 - INTERPRETATION
section: 14
title: Subject matter of copyright in compilations
content:
14. To avoid doubt, any copyright in a compilation — ( a ) is limited to the selection or arrangement of its contents that constitutes an intellectual creation; and ( b ) is in addition to, and independent of, any copyright in its contents and any other right under Part 4 (protection of performances) in relation to its contents.


document_id: ca-2021
provision_ref: s15
chapter: PART 2 - INTERPRETATION
section: 15
title: What does a dramatic work include
content:
15. —(1) Subject to subsection (2), a “dramatic work” includes — ( a ) a work of dance or mime; and ( b ) a scenario or script for a film, but not a film. (2) A work of dance or mime made before 21 November 2021 is not a dramatic work unless it is described in writing in the form in which the show is to be presented.


document_id: ca-2021
provision_ref: s16
chapter: PART 2 - INTERPRETATION
section: 16
title: When is a literary, dramatic or musical work made
content:
16. —(1) A literary, dramatic or musical work is made at the time when, or over the period during which, the work is first fixed in a material form, including — ( a ) in writing; or ( b ) by storage — (i) in a computer; (ii) on any medium by electronic means; or (iii) on any other medium from which the work, or a substantial part thereof, can be directly reproduced. (2) A literary, dramatic or musical work in the form of sounds embodied in an article or a thing is considered — ( a ) to have been fixed in a material form; and ( b ) to have been so fixed when those sounds were embodied in that article or thing. Subdivision (4) &#x2014; Adaptations of
literary, dramatic or musical works


document_id: ca-2021
provision_ref: s17
chapter: PART 2 - INTERPRETATION
section: 17
title: What is an adaptation of a literary or dramatic work
content:
17. An “adaptation” of a literary work is — ( a ) in relation to a literary work in a non‑dramatic form — a version of the work (whether in its original language or in a different language) in a dramatic form; ( b ) in relation to a literary work in a dramatic form — a version of the work (whether in its original language or in a different language) in a non‑dramatic form; ( c ) in relation to a literary work being a computer program — a version of the work (whether or not in the language, code or notation in which the work was originally expressed) that is not a copy of the work; and ( d ) in relation to any literary work (whether in a non‑dramatic form or dramatic form) — (i) a translation of the work; or (ii) a version of the work in which a story or an action is conveyed wholly or mainly through pictures.


document_id: ca-2021
provision_ref: s19
chapter: PART 2 - INTERPRETATION
section: 19
title: Adaptation of literary, dramatic or musical work includes adaptation of substantial part thereof
content:
19. An adaptation of a substantial part of a literary, dramatic or musical work is to be treated as an adaptation of the work. Subdivision (5) &#x2014; Artistic works


document_id: ca-2021
provision_ref: s20
chapter: PART 2 - INTERPRETATION
section: 20
title: What is an artistic work
content:
20. —(1) An “artistic work” — ( a ) is any of the following: (i) a painting, a sculpture, a drawing, an engraving or a photograph (whether the work is of artistic quality or not); (ii) a building or a model of a building (whether the building or model is of artistic quality or not); (iii) a work of artistic craftsmanship to which neither sub‑paragraph (i) nor (ii) applies; but ( b ) does not include a layout‑design or an integrated circuit as defined in section 2(1) of the Layout‑Designs of Integrated Circuits Act 1999. (2) For the purposes of this Act — “building” includes a structure of any kind; “drawing” includes any diagram, map, chart or plan; “engraving” includes an etching, a lithograph, a product of photogravure, a woodcut, a print or any other similar work, but not a photograph; “photograph” — ( a ) is a product of — (i) photography or a similar process; or (ii) xerography; but ( b ) does not include any article or thing in which the visual images of a film are embodied; “sculpture” includes a cast or model made for purposes of sculpture. Subdivision (6) &#x2014; Sound recordings


document_id: ca-2021
provision_ref: s21
chapter: PART 2 - INTERPRETATION
section: 21
title: What is a sound recording
content:
21. A “sound recording” is the sounds embodied in a record, but does not include the sounds of a film.


document_id: ca-2021
provision_ref: s23
chapter: PART 2 - INTERPRETATION
section: 23
title: Who is the maker of a sound recording
content:
23. The maker of a sound recording is the person who owns the first record embodying the sounds when the recording is produced. Subdivision (7) &#x2014; Films


document_id: ca-2021
provision_ref: s24
chapter: PART 2 - INTERPRETATION
section: 24
title: What is a film; what are the visual images, sounds and soundtrack of a film
content:
24. —(1) A “film” — ( a ) is all the visual images embodied in a thing in a way that — (i) the images can be shown as a moving picture by using that thing; or (ii) that thing can be used to embody the images in another thing, and the images can be shown as a moving picture by using that other thing; and ( b ) includes all the sounds embodied in — (i) that thing or any part of that thing; or (ii) any disc, tape or other device that is made available by the maker of the film to be used together with that thing. (2) In relation to a film — ( a ) “visual images” is the visual images mentioned in subsection (1)( a ); ( b ) “sounds” is the sounds mentioned in subsection (1)( b ); and ( c ) a “soundtrack” is — (i) the thing or any part of the thing mentioned in subsection (1)( b )(i); or (ii) the disc, tape or other device mentioned in subsection (1)( b )(ii). (3) In this section, “thing” includes an article.


document_id: ca-2021
provision_ref: s26
chapter: PART 2 - INTERPRETATION
section: 26
title: Who is the maker of a film
content:
26. The maker of a film is the person who undertakes the arrangements needed to make the film. Subdivision (8) &#x2014; Broadcasts


document_id: ca-2021
provision_ref: s29
chapter: PART 2 - INTERPRETATION
section: 29
title: What is a television broadcast
content:
29. A “television broadcast” is the visual images that are broadcast by way of television, together with any sounds broadcast for reception along with those images.


document_id: ca-2021
provision_ref: s31
chapter: PART 2 - INTERPRETATION
section: 31
title: Who is the maker of a broadcast
content:
31. The maker of a broadcast is — ( a ) the person who broadcasts the relevant visual images or sounds (or both); and ( b ) in the case of direct broadcasting by satellite — the person who transmits the relevant visual images or sounds (or both) to the satellite transponder.


document_id: ca-2021
provision_ref: s32
chapter: PART 2 - INTERPRETATION
section: 32
title: Where is a broadcast made
content:
32. A broadcast is made at — ( a ) the place from which the relevant visual images or sounds (or both) are broadcast; and ( b ) in the case of direct broadcasting by satellite — the place from which the relevant visual images or sounds (or both) are transmitted to the satellite transponder.


document_id: ca-2021
provision_ref: s33
chapter: PART 2 - INTERPRETATION
section: 33
title: When is a broadcast made
content:
33. A broadcast is made at — ( a ) the time when the relevant visual images or sounds (or both) are broadcast; and ( b ) in the case of direct broadcasting by satellite — the time when the relevant visual images or sounds (or both) are transmitted to the satellite transponder. Subdivision (9) &#x2014; Cable programmes


document_id: ca-2021
provision_ref: s34
chapter: PART 2 - INTERPRETATION
section: 34
title: What is a cable programme
content:
34. A “cable programme” is a programme (including any item) that is included in a cable programme service.


document_id: ca-2021
provision_ref: s35
chapter: PART 2 - INTERPRETATION
section: 35
title: What is a cable programme service
content:
35. —(1) A “cable programme service” — ( a ) is a service that consists wholly or mainly of the sending of visual images or sounds (or both) by any person — (i) by means of a telecommunication system (whether run by that person or any other person); and (ii) for reception — (A) by any means other than wireless telegraphy, at 2 or more places in Singapore (either simultaneously, or at different times in response to requests made by different users of the service); or (B) by any means, at a place in Singapore for the purpose of being played or shown there to members of the public or any group of persons; but ( b ) does not include any service under paragraph ( a ) if and to the extent that that service is provided for a person providing another service under that paragraph. (2) For the purposes of subsection (1) — “information” means — ( a ) speech, music and other sounds; ( b ) visual images; ( c ) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of visual images or sounds; or ( d ) signals serving for the actuation or control of machinery or apparatus; “telecommunication system” — ( a ) means an electronic system for conveying information; and ( b ) includes any apparatus that is — (i) constructed or adapted to transmit or receive information that is to be or have been conveyed by means of a system mentioned in paragraph ( a ); and (ii) situated in Singapore and — (A) connected to but not comprised in a system mentioned in paragraph ( a ); or (B) is connected to and comprised in a system mentioned in paragraph ( a ) that extends beyond Singapore. (3) For the purposes of subsection (1), the person who controls the apparatus mentioned in paragraph ( b ) of the definition of “telecommunication system” in subsection (2) is regarded as running the relevant telecommunications system.


document_id: ca-2021
provision_ref: s36
chapter: PART 2 - INTERPRETATION
section: 36
title: What is inclusion in a cable programme service
content:
36. A programme is included in a cable programme service only if it is included in the service by the person providing the service. Subdivision (10) &#x2014; Qualifying performances and
recordings of protected performances


document_id: ca-2021
provision_ref: s37
chapter: PART 2 - INTERPRETATION
section: 37
title: What is a qualifying performance
content:
37. —(1) A “qualifying performance” is — ( a ) any of the following performances: (i) a performance (including an improvisation and a performance that uses puppets) of a dramatic work or part of the dramatic work; (ii) a performance (including an improvisation) of a musical work or part of the musical work; (iii) the reading, recitation or delivery of a literary work or part of the literary work, or the recitation or delivery of an improvised literary work; (iv) a performance of a dance; (v) a performance of a circus act or a variety act or any similar presentation or show; but ( b ) not any of the following performances: (i) the performance of a musical work by the students or staff of an educational institution (whether on the premises of the institution or elsewhere) in the presence of an audience and in the course of the activities of the institution; (ii) a reading, recital or delivery of any item of news and information; (iii) a performance of a sporting activity; (iv) a participation in a performance as a member of an audience; (v) a performance in a National Day Parade in Singapore; (vi) any prescribed performance. (2) For the purposes of subsection (1), it does not matter whether a performance is given — ( a ) before, on or after 21 November 2021; or ( b ) in the presence of an audience or otherwise.


document_id: ca-2021
provision_ref: s38
chapter: PART 2 - INTERPRETATION
section: 38
title: What is a recording of a protected performance
content:
38. —(1) A “recording”, in relation to a protected performance, means a sound recording of the performance or a substantial part of the performance, and includes a copy of such a recording. (2) To avoid doubt, Subdivision (6) applies to recordings of protected performances as it applies to other sound recordings. Division 3 &#x2014; Acts relating to works and performances Subdivision (1) &#x2014; General


document_id: ca-2021
provision_ref: s39
chapter: PART 2 - INTERPRETATION
section: 39
title: Act done in relation to work, etc., includes act done in relation to substantial part thereof
content:
39. —(1) Doing an act in relation to a substantial part of a work is to be treated as doing an act in relation to the work. (2) This section does not affect the interpretation of any reference in sections 110 and 145 to the publication, or absence of publication, of a work.


document_id: ca-2021
provision_ref: s40
chapter: PART 2 - INTERPRETATION
section: 40
title:
Act done in relation to protected performance, etc., includes act done in relation to substantial part thereof

content:
40. —(1) Doing an act in relation to a substantial part of a protected performance is to be treated as doing an act in relation to the performance. (2) Doing an act in relation to a recording of a substantial part of a protected performance is to be treated as doing an act in relation to a recording of the performance. Subdivision (2) &#x2014; Copying


document_id: ca-2021
provision_ref: s41
chapter: PART 2 - INTERPRETATION
section: 41
title: What is a copy of an authorial work
content:
41. —(1) A “copy” of an authorial work is a reproduction of the work in any material form. (2) Without limiting subsection (1), an authorial work is reproduced in a material form if — ( a ) it is stored — (i) in a computer; (ii) on any medium by electronic means; or (iii) on any other medium from which the work, or a substantial part thereof, can be directly reproduced; ( b ) it is reproduced in the form of a film; ( c ) in the case of a literary, dramatic or musical work — it is reproduced in the form of a sound recording; ( d ) in the case of an artistic work in a 2‑dimensional form — a version of the work in a 3‑dimensional form is produced; ( e ) in the case of an artistic work in a 3‑dimensional form — a version of the work in a 2‑dimensional form is produced; or ( f ) it is converted into or from a digital or other electronic machine‑readable form (whether from or into a copy in the form of a film or sound recording, or otherwise). (3) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work.


document_id: ca-2021
provision_ref: s42
chapter: PART 2 - INTERPRETATION
section: 42
title: What is a copy of a published edition of an authorial work
content:
42. A “copy” of a published edition of an authorial work is a reproduction of the edition (whether made by a photographic process or otherwise) in any material form.


document_id: ca-2021
provision_ref: s43
chapter: PART 2 - INTERPRETATION
section: 43
title:
What is a reasonable portion when copying a published edition of a literary, dramatic or musical work

content:
43. —(1) In the following cases, a copy of a literary, dramatic or musical work contained in a published edition of the work is taken to contain only a reasonable portion of the work for the purposes of this Act: ( a ) where the edition has 10 or more pages — (i) only 10% or less of the number of pages in the edition are copied in total; or (ii) if the edition is divided into chapters — the pages copied are all from the same chapter; ( b ) where the edition is an electronic edition and is not divided into pages — (i) only 10% or less of the total number of bytes in the edition are copied in total; (ii) only 10% or less of the total number of words in that edition are copied in total; (iii) if it is not practicable to use the total number of words as a measure — only 10% or less of the contents of that edition are copied in total; or (iv) if the edition is divided into chapters — the parts copied are all from the same chapter. (2) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to a literary, dramatic or musical work. (3) This section does not limit the meaning of “reasonable portion” in this Act.


document_id: ca-2021
provision_ref: s44
chapter: PART 2 - INTERPRETATION
section: 44
title: What is a copy of a sound recording
content:
44. A “copy” of a sound recording is a record — ( a ) embodying a sound recording or a substantial part of a sound recording; and ( b ) derived, directly or indirectly, from a record produced upon the making of a sound recording.


document_id: ca-2021
provision_ref: s45
chapter: PART 2 - INTERPRETATION
section: 45
title: What is a copy of a film
content:
45. A “copy” of a film is any article or thing in which the visual images or sounds comprising the film are embodied.


document_id: ca-2021
provision_ref: s46
chapter: PART 2 - INTERPRETATION
section: 46
title: What is a copy of a television broadcast
content:
46. —(1) A “copy” of a television broadcast is — ( a ) insofar as the broadcast consists of visual images — a film of the broadcast, and includes a copy of such a film; and ( b ) insofar as the broadcast consists of sounds — a sound recording of the broadcast, and includes a copy of such a recording. (2) For the purposes of subsection (1), a film of a television broadcast includes — ( a ) a film of any of the visual images comprised in the programme; and ( b ) a photograph of any of those images.


document_id: ca-2021
provision_ref: s47
chapter: PART 2 - INTERPRETATION
section: 47
title: What is a copy of a sound broadcast
content:
47. A “copy” of a sound broadcast is a sound recording of the broadcast, and includes a copy of such a recording.


document_id: ca-2021
provision_ref: s48
chapter: PART 2 - INTERPRETATION
section: 48
title: What is a copy of a cable programme
content:
48. —(1) A “copy” of a cable programme is — ( a ) insofar as the programme consists of visual images — a film of the programme, and includes a copy of such a film; and ( b ) insofar as the programme consists of sounds — a sound recording of the programme, and includes a copy of such a recording. (2) For the purposes of subsection (1), a film of a cable programme includes — ( a ) a film of any of the visual images comprised in the programme; and ( b ) a photograph of any of those images.


document_id: ca-2021
provision_ref: s50
chapter: PART 2 - INTERPRETATION
section: 50
title: Copy of work includes temporary or incidental copy
content:
50. —(1) Making a copy of a work that is temporary or is incidental to some other use of the work is to be treated as making a copy of the work. (2) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work.


document_id: ca-2021
provision_ref: s51
chapter: PART 2 - INTERPRETATION
section: 51
title: What is a copy of a recording of a protected performance
content:
51. A “copy” of a recording of a protected performance is a record — ( a ) embodying a recording of the performance or a substantial part of the performance; and ( b ) derived, directly or indirectly, from a record produced upon the making of a recording of the performance or a substantial part of the performance.


document_id: ca-2021
provision_ref: s52
chapter: PART 2 - INTERPRETATION
section: 52
title: Copy of recording of protected performance work includes temporary or incidental copy
content:
52. Making a copy of a recording of a protected performance that is temporary or is incidental to some other use of the recording is to be treated as making a copy of the recording. Subdivision (3) &#x2014; Publishing


document_id: ca-2021
provision_ref: s53
chapter: PART 2 - INTERPRETATION
section: 53
title: What constitutes publication of an authorial work
content:
53. —(1) Subject to subsection (2) and sections 58, 59 and 60, an authorial work is published only if copies of the work (or of an edition of the work) have been supplied to the public (whether by sale, over the Internet, or otherwise). (2) The following acts are not to be treated as publishing an authorial work: ( a ) despite section 39, supplying copies of a substantial part of the work to the public; ( b ) performing a literary, dramatic or musical work; ( c ) selling or otherwise supplying records of a literary, dramatic or musical work to the public; ( d ) exhibiting an artistic work; ( e ) constructing a building or a model of a building; ( f ) selling or otherwise supplying photographs of a building, of a model of a building or of a sculpture to the public; ( g ) selling or otherwise supplying engravings of a building, of a model of a building or of a sculpture to the public.


document_id: ca-2021
provision_ref: s54
chapter: PART 2 - INTERPRETATION
section: 54
title: What constitutes publication of an edition of an authorial work
content:
54. —(1) Subject to sections 58, 59 and 60, an edition of an authorial work is published only if copies of the edition have been supplied to the public (whether by sale, over the Internet, or otherwise). (2) Section 39 does not apply to subsection (1).


document_id: ca-2021
provision_ref: s55
chapter: PART 2 - INTERPRETATION
section: 55
title: What constitutes publication of a sound recording
content:
55. Subject to sections 58, 59 and 60, a sound recording is published only if copies of the recording or a part of the recording have been supplied to the public (whether by sale, over the Internet, or otherwise).


document_id: ca-2021
provision_ref: s56
chapter: PART 2 - INTERPRETATION
section: 56
title: What constitutes publication of a film
content:
56. Subject to sections 58, 59 and 60, a film is published only if copies of the film have been supplied to the public (whether by sale, over the Internet, or otherwise).


document_id: ca-2021
provision_ref: s57
chapter: PART 2 - INTERPRETATION
section: 57
title: What constitutes publication of a recording of a protected performance
content:
57. Subject to sections 58, 59 and 60, a recording of a protected performance is published only if copies of the recording or a part of the recording have been supplied to the public (whether by sale, over the Internet, or otherwise).


document_id: ca-2021
provision_ref: s58
chapter: PART 2 - INTERPRETATION
section: 58
title:
Matters to be considered or ignored for publication, first publication, and publication before death

content:
58. —(1) In this section, “relevant material” means — ( a ) an authorial work; ( b ) an edition of an authorial work; ( c ) a sound recording; ( d ) a film; or ( e ) a recording of a protected performance. (2) If a publication of a relevant material is merely colourable and is not intended to satisfy the reasonable requirements of the public — ( a ) the publication must be ignored for the purposes of this Act; but ( b ) the publication may be considered to the extent that it may be a rights infringement or an infringement of a moral right under Division 1 or 2 of Part 7. (3) A publication of a relevant material in Singapore or elsewhere is still the first publication if the publication and every earlier publication take place within a period of 30 days. (4) An unauthorised act must be ignored in deciding — ( a ) whether any relevant material is published; ( b ) whether a publication of any relevant material is the first publication of that material; or ( c ) whether any relevant material is published in the lifetime of a person. (5) Subject to section 230(3) (publication of old works deemed to be authorised), an act is unauthorised for the purposes of subsection (4) only if — ( a ) where the relevant material is a work — (i) copyright subsists in the work and the act is not done by or with the licence of the copyright owner; or (ii) copyright does not subsist in the work and the act is not done by or with the licence of — (A) the author of the authorial work; (B) the publisher of the edition; (C) the maker of the sound recording or film; or (D) any person lawfully claiming under the author, publisher or maker, as the case may be; and ( b ) where the relevant material is a recording of a protected performance — the act was not done with the authority of the rights owner of the performance. (6) Subsections (4) and (5) do not affect — ( a ) any provision of this Act relating to — (i) the acts comprised in a copyright; or (ii) acts constituting rights infringements; or ( b ) Divisions 1 and 2 of Part 7 (moral rights).


document_id: ca-2021
provision_ref: s59
chapter: PART 2 - INTERPRETATION
section: 59
title: Effect of acts done before 21 November 2021
content:
59. —(1) Sections 53, 54, 55, 56, 57 and 58 do not apply for the purposes of deciding — ( a ) whether a work has been published by virtue of an act done before 21 November 2021; ( b ) whether a publication of a work before 21 November 2021 is the first publication of the work; or ( c ) whether a work is, by virtue of an act done before 21 November 2021, published in the lifetime of a person. (2) Despite the repeal of the 1987 Act, section 24 of that Act applies instead for those purposes (as modified, where applicable, by section 209 of that Act). (3) In this section, “work” means an authorial work, an edition of an authorial work, a sound recording or a film.


document_id: ca-2021
provision_ref: s60
chapter: PART 2 - INTERPRETATION
section: 60
title: Specific acts that do not constitute publication
content:
60. —(1) The following provisions provide that certain acts in certain circumstances are not to be treated as publication: ( a ) section 223(4) (publicising public exhibitions); ( b ) section 225(3) (making public collection available on internal network); ( c ) section 226(3) (copying or communicating material for users of public collections); ( d ) section 227(3) (copying originals for use on premises of public collections); ( e ) section 228(3) (copying or communicating unpublished thesis in university library or archive); ( f ) section 229(3) (copying or communicating unpublished old material in public collections); ( g ) section 233(3) (copying or communicating material for administrative purposes of public collections); ( h ) section 244(5) (copying for computational data analysis); ( i ) section 278(3) (copying or communicating material in public registers); ( j ) section 281(3) (copying or communicating publicly disclosed material); ( k ) section 283(3) (data sharing within public sector); ( l ) section 287 (public act). (2) To avoid doubt, the provisions mentioned in subsection (1) do not limit section 53(2). Subdivision (4) &#x2014; Communicating


document_id: ca-2021
provision_ref: s61
chapter: PART 2 - INTERPRETATION
section: 61
title: What does communicate mean
content:
61. —(1) “Communicate”, in relation to a work or performance, means to transmit the work or performance by electronic means, and includes — ( a ) broadcasting the work or performance; ( b ) the inclusion of the work or performance in a cable programme; and ( c ) making the work or performance available (on a network or otherwise) in a way that it may be accessed by any person on demand. [Act 32 of 2024 wef 25/11/2024] (2) For the purposes of subsection (1), it does not matter — ( a ) whether the transmission is over a path or a combination of paths; ( b ) whether the path or paths are provided by a material substance or by wireless means or otherwise; and ( c ) whether the work or performance is sent in response to a request. (3) “Communication” has a corresponding meaning.


document_id: ca-2021
provision_ref: s62
chapter: PART 2 - INTERPRETATION
section: 62
title: What does accessibility on demand mean
content:
62. A person may access a thing “on demand” if the person may access the thing from a place and at a time chosen by the person.


document_id: ca-2021
provision_ref: s63
chapter: PART 2 - INTERPRETATION
section: 63
title: Who is the maker of a communication
content:
63. The maker of a communication (other than a broadcast) is the person responsible for deciding the content of the communication when the communication is made. Subdivision (5) &#x2014; Broadcasting, etc.


document_id: ca-2021
provision_ref: s64
chapter: PART 2 - INTERPRETATION
section: 64
title: What is doing an act by the reception of a broadcast
content:
64. —(1) To do an act by the reception of a broadcast is to do that act by receiving a broadcast from — ( a ) the transmission by which the broadcast is made; or ( b ) a transmission that is — (i) made otherwise than by broadcasting; and (ii) made simultaneously with the transmission by which the broadcast is made. (2) For the purposes of subsection (1), it does not matter whether the broadcast is received directly from the transmission concerned or from a re‑transmission made by any person from any place. (3) In subsection (2), “re‑transmission” — ( a ) means any re‑transmission (whether over paths provided by a material substance or not); and ( b ) includes a re‑transmission made by making use of any article or thing in which the visual images or sounds constituting the broadcast (or both) have been embodied.


document_id: ca-2021
provision_ref: s65
chapter: PART 2 - INTERPRETATION
section: 65
title: What is a re‑transmission of a broadcast
content:
65. —(1) “Re‑transmission”, in relation to a broadcast, means a re‑transmission of the broadcast without altering its contents. (2) For the purposes of subsection (1), it does not matter — ( a ) whether the re‑transmission is simultaneous with the original transmission; and ( b ) whether the technique used to make the re‑transmission is the same as that used for the original transmission.


document_id: ca-2021
provision_ref: s66
chapter: PART 2 - INTERPRETATION
section: 66
title: When is a copy of a sound recording or a film used in a broadcast
content:
66. —(1) This section applies where — ( a ) a copy of a sound recording or a film is used for the purpose of making a broadcast (called in this section the primary broadcast); and ( b ) a person makes a further broadcast (called in this section the secondary broadcast) by receiving and simultaneously further transmitting — (i) the transmission by which the primary broadcast is made; or (ii) a transmission that is — (A) made otherwise than by broadcasting; and (B) made simultaneously with the transmission by which the primary broadcast is made. (2) The person making the secondary broadcast is deemed not to have used the copy for the purpose of making that broadcast. Subdivision (6) &#x2014; Performing


document_id: ca-2021
provision_ref: s67
chapter: PART 2 - INTERPRETATION
section: 67
title: What does a performance of an authorial work include
content:
67. —(1) A “performance” of an authorial work — ( a ) includes — (i) any mode of visual or aural presentation of the authorial work, whether the presentation is by — (A) the use of any receiving apparatus; (B) the exhibition of a film; (C) the use of a record; or (D) any other means; and (ii) the delivery of the authorial work by way of a lecture, an address, a speech or a sermon; but ( b ) does not include the communication of a work to the public. (2) “Perform”, in relation to an authorial work, has a corresponding meaning. (3) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work.


document_id: ca-2021
provision_ref: s68
chapter: PART 2 - INTERPRETATION
section: 68
title: Performance by operating receiving apparatus
content:
68. —(1) This section applies where — ( a ) any device or equipment is operated to communicate, directly or indirectly, visual images or sounds to a receiving apparatus; and ( b ) those images are displayed, or those sounds are emitted, by the receiving apparatus. (2) The operation of the device or equipment is not a performance. (3) Insofar as the display of those images or the emission of those sounds is a performance of an authorial work, the performance is deemed to be given — ( a ) by the operation of the receiving apparatus; and ( b ) by the occupier of the premises where the receiving apparatus is situated — (i) whether or not the occupier operated the receiving apparatus; but (ii) only if the receiving apparatus is provided by or with the consent of the occupier.


document_id: ca-2021
provision_ref: s69
chapter: PART 2 - INTERPRETATION
section: 69
title: Performance by operating apparatus for reproducing sounds
content:
69. —(1) This section applies where — ( a ) an authorial work is performed by operating any apparatus for reproducing sounds by using a record; and ( b ) the apparatus is provided by or with the consent of the occupier of the premises where the apparatus is situated. (2) The occupier is deemed to be the person giving the performance (whether or not the occupier operated the apparatus). (3) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work. Subdivision (7) &#x2014; Causing visual images to be seen or
sounds to be heard


document_id: ca-2021
provision_ref: s70
chapter: PART 2 - INTERPRETATION
section: 70
title: Communication not included
content:
70. The communication of a work to the public is not to be treated as causing visual images to be seen or sounds to be heard.


document_id: ca-2021
provision_ref: s71
chapter: PART 2 - INTERPRETATION
section: 71
title: Causing by operating receiving apparatus
content:
71. —(1) This section applies where — ( a ) any device or equipment is operated to communicate, directly or indirectly, visual images or sounds to a receiving apparatus; and ( b ) those images are displayed, or those sounds are emitted, by a receiving apparatus. (2) The operation of the device or equipment is not to be treated as causing those images to be seen or those sounds to be heard. (3) Insofar as the display of those images causes those images to be seen, those images are deemed to be caused to be seen — ( a ) by the operation of the receiving apparatus; and ( b ) by the occupier of the premises where the receiving apparatus is situated — (i) whether or not the occupier operated the receiving apparatus; but (ii) only if the receiving apparatus is provided by or with the consent of the occupier. (4) Insofar as the emission of those sounds causes those sounds to be heard, those sounds are deemed to be caused to be heard — ( a ) by the operation of the receiving apparatus; and ( b ) by the occupier of the premises where the receiving apparatus is situated — (i) whether or not the occupier operated the receiving apparatus; but (ii) only if the receiving apparatus is provided by or with the consent of the occupier.


document_id: ca-2021
provision_ref: s72
chapter: PART 2 - INTERPRETATION
section: 72
title: Causing by operating apparatus for reproducing sounds
content:
72. —(1) This section applies where — ( a ) sounds are caused to be heard by operating any apparatus for reproducing sounds by using a record; and ( b ) the apparatus is provided by or with the consent of the occupier of the premises where the apparatus is situated. (2) The occupier is deemed to be the person causing those sounds to be heard (whether or not the occupier operated the apparatus). Subdivision (8) &#x2014; Commercial acts


document_id: ca-2021
provision_ref: s73
chapter: PART 2 - INTERPRETATION
section: 73
title: What is a commercial dealing in a thing
content:
73. —(1) A person deals commercially in a thing if the person — ( a ) sells the thing; ( b ) lets the thing for hire; ( c ) by way of trade, offers or exposes the thing for sale or hire; ( d ) distributes the thing for the purpose of trade; or ( e ) by way of trade, exhibits the thing in public. (2) “Commercial dealing” has a corresponding meaning. (3) In this section, “thing” includes an article.


document_id: ca-2021
provision_ref: s74
chapter: PART 2 - INTERPRETATION
section: 74
title: What does it mean to do an act for commercial advantage
content:
74. A person does an act to obtain a “commercial advantage” if and only if the act is done to obtain a direct advantage, direct benefit or direct financial gain for a business or trade carried on by the person.


document_id: ca-2021
provision_ref: s75
chapter: PART 2 - INTERPRETATION
section: 75
title: What is a commercial rental arrangement relating to a computer program or sound recording
content:
75. —(1) Subject to subsection (2), a “commercial rental arrangement”, in relation to a computer program or sound recording, is an arrangement with the following features: ( a ) under the arrangement, a copy of the program or recording is made available by a person on terms that it must or may be returned to the person; ( b ) the arrangement is made in the course of business; ( c ) the arrangement provides for the copy to be made available — (i) for payment in money or money’s worth; or (ii) as part of the provision of a service in return for payment in money or money’s worth. (2) An arrangement is not a commercial rental arrangement if — ( a ) the arrangement is for the lending of a copy of a computer program or sound recording; and ( b ) the amount payable under the arrangement is intended to be no more than — (i) the amount necessary to recover the costs, including overheads, of the arrangement; or (ii) a deposit to secure the return of the copy. (3) In deciding whether an arrangement is a commercial rental arrangement, it is the substance and not the form of the arrangement that matters.


document_id: ca-2021
provision_ref: s76
chapter: PART 2 - INTERPRETATION
section: 76
title: Who is a paying audience for a television broadcast or cable programme
content:
76. —(1) A person ( X ) is a “paying audience” in relation to a television broadcast or cable programme if — ( a ) subject to subsection (2), X pays to be admitted to — (i) a place where the broadcast or programme is to be seen or heard; or (ii) a place that contains the place where the broadcast or programme is to be seen or heard; or ( b ) X is admitted to a place where the broadcast or programme is to be seen or heard, in circumstances where the place supplies goods or services at prices that — (i) exceed the usual prices charged at that place; and (ii) are partly attributable to the facilities for seeing or hearing the broadcast or programme. (2) Subsection (1)( a ) does not apply if — ( a ) X is admitted to the place in question because X is a resident or an inmate; or ( b ) X is admitted to the place in question as a member of a club or society, where — (i) payment is only for membership of the club or society; and (ii) the provision of facilities for seeing or hearing television broadcasts or cable programmes is only incidental to the main purposes of the club or society. Division 4 &#x2014; Relevant persons and organisations Subdivision (1) &#x2014; Qualified individuals and persons


document_id: ca-2021
provision_ref: s77
chapter: PART 2 - INTERPRETATION
section: 77
title: Who is a qualified individual
content:
77. An individual is a “qualified individual” if he or she is — ( a ) a Singapore citizen; ( b ) a Singapore resident; or ( c ) an individual who, if he or she had been alive on 1 November 1957, would have qualified for Singapore citizenship under the repealed Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957).


document_id: ca-2021
provision_ref: s78
chapter: PART 2 - INTERPRETATION
section: 78
title: Who is a qualified person
content:
78. A person is a “qualified person” if the person is — ( a ) a qualified individual; or ( b ) a body corporate incorporated in Singapore under any written law.


document_id: ca-2021
provision_ref: s79
chapter: PART 2 - INTERPRETATION
section: 79
title: Who is a Singapore resident
content:
79. An individual is a “Singapore resident” if he or she is — ( a ) resident in Singapore; or ( b ) residing in Singapore under a valid pass lawfully issued to him or her under the Immigration Act 1959 to enter and remain in Singapore for any purpose other than a temporary purpose.


document_id: ca-2021
provision_ref: s80
chapter: PART 2 - INTERPRETATION
section: 80
title: Country of residence not affected by temporary absence
content:
80. A person who, at a given period of time, is ordinarily resident in a country (including Singapore) but is temporarily absent from that country at any time during that period is to be treated as if he or she is resident in that country throughout that period. Subdivision (2) &#x2014; International organisations


document_id: ca-2021
provision_ref: s81
chapter: PART 2 - INTERPRETATION
section: 81
title: What is a prescribed international organisation
content:
81. —(1) Regulations may prescribe international organisations for the purposes of this Act. (2) A “prescribed international organisation” is an international organisation prescribed under subsection (1) and includes — ( a ) an organ of, or office within, the organisation; and ( b ) a commission, council or other body established by the organisation or organ. (3) In this section, “international organisation” means an organisation — ( a ) of which 2 or more countries, or the governments of 2 or more countries, are members; or ( b ) that is constituted by persons representing — (i) 2 or more countries; or (ii) the governments of 2 or more countries.


document_id: ca-2021
provision_ref: s82
chapter: PART 2 - INTERPRETATION
section: 82
title: Legal capacity of prescribed international organisation
content:
82. —(1) A prescribed international organisation has, and is deemed to have had at all material times, the legal capacity of a body corporate for the purposes of — ( a ) holding, dealing with and enforcing copyright; and ( b ) all legal proceedings relating to copyright. (2) This section does not limit any legal capacity that a prescribed international organisation has under any other written law. Subdivision (3) &#x2014; Educational institutions


document_id: ca-2021
provision_ref: s83
chapter: PART 2 - INTERPRETATION
section: 83
title: What is an educational institution
content:
83. An “educational institution” is any of the following institutions or undertakings, but only if they are non‑profit: ( a ) an institution at which education is provided to children under 7 years of age; ( b ) a school or similar institution at which one or more of the following is provided: (i) full‑time primary education; (ii) full‑time secondary education; (iii) full‑time pre‑university education; (iv) any other full‑time education as may be prescribed; ( c ) a junior college, university, college of advanced education or technical and further education institution; ( d ) an institution that conducts courses of primary, secondary, pre‑university or tertiary education by correspondence or on an external study basis; ( e ) a school of nursing; ( f ) an undertaking within a hospital, being an undertaking that conducts courses of study or training in — (i) providing medical services; or (ii) providing services incidental to the provision of medical services; ( g ) a teacher education centre; ( h ) an institution whose main function is to provide courses of study or training for the purpose of — (i) general education; (ii) preparing persons for a particular occupation or profession; or (iii) the continuing education of persons engaged in a particular occupation or profession; ( i ) any prescribed institution at which education is provided; ( j ) an undertaking, within a body administering an educational institution mentioned in paragraphs ( a ) to ( i ), whose main functions include providing teacher training for instructors in any educational institution mentioned in paragraphs ( a ) to ( i ); ( k ) an institution, or an undertaking within a body administering an educational institution mentioned in paragraphs ( a ) to ( j ), whose main functions include providing materials to any educational institution mentioned in paragraphs ( a ) to ( j ) for the purpose of assisting that institution in its teaching purposes.


document_id: ca-2021
provision_ref: s84
chapter: PART 2 - INTERPRETATION
section: 84
title: What is the body administering an educational institution
content:
84. The “body administering an educational institution” is — ( a ) if the institution is a body corporate — the institution; or ( b ) in any other case — the body or person (including the Government) having ultimate responsibility for administering the institution. Subdivision (4) &#x2014; Persons with print disabilities


document_id: ca-2021
provision_ref: s85
chapter: PART 2 - INTERPRETATION
section: 85
title: Who is a person with a print disability
content:
85. A person is a “person with a print disability” if he or she — ( a ) is blind; ( b ) has severely impaired sight; ( c ) is unable to hold or manipulate books; ( d ) is unable to focus or move his or her eyes; or ( e ) has a perceptual handicap.


document_id: ca-2021
provision_ref: s86
chapter: PART 2 - INTERPRETATION
section: 86
title: What is an institution aiding persons with print disabilities
content:
86. An “institution aiding persons with print disabilities” is an institution — ( a ) whose main functions include providing relevant material to persons with print disabilities; ( b ) that is formed, incorporated or established in Singapore; and ( c ) that is prescribed as an institution aiding persons with print disabilities.


document_id: ca-2021
provision_ref: s87
chapter: PART 2 - INTERPRETATION
section: 87
title: What is the body administering an institution aiding persons with print disabilities
content:
87. The “body administering an institution aiding persons with print disabilities” is — ( a ) in a case where the institution is a body corporate — the institution; or ( b ) in any other case — the body or person (including the Government) having ultimate responsibility for administering the institution.


document_id: ca-2021
provision_ref: s88
chapter: PART 2 - INTERPRETATION
section: 88
title: What is a foreign institution aiding persons with print disabilities
content:
88. A “foreign institution aiding persons with print disabilities” is an institution — ( a ) whose main functions include providing relevant materials to persons with print disabilities; and ( b ) that is formed, incorporated or established outside Singapore. Subdivision (5) &#x2014; Persons with intellectual disabilities


document_id: ca-2021
provision_ref: s89
chapter: PART 2 - INTERPRETATION
section: 89
title: What is an institution aiding persons with intellectual disabilities
content:
89. An “institution aiding persons with intellectual disabilities” is any educational institution or non‑profit organisation — ( a ) whose main functions include aiding persons with intellectual disabilities; and ( b ) that is prescribed as an institution aiding persons with intellectual disabilities.


document_id: ca-2021
provision_ref: s90
chapter: PART 2 - INTERPRETATION
section: 90
title: What is the body administering an institution aiding persons with intellectual disabilities
content:
90. The “body administering an institution aiding persons with intellectual disabilities” is — ( a ) in a case where the institution is a body corporate — the institution; or ( b ) in any other case — the body or person (including the Government) having ultimate responsibility for administering the institution. Subdivision (6) &#x2014; Public collections:
galleries, libraries, archives and museums


document_id: ca-2021
provision_ref: s91
chapter: PART 2 - INTERPRETATION
section: 91
title: What is a public collection
content:
91. A “public collection” is — ( a ) the National Archives; ( b ) the collections of the National Heritage Board prescribed to be public collections by the Minister charged with the responsibility for the Board; ( c ) the permanent collection of a library; or ( d ) an archive.


document_id: ca-2021
provision_ref: s92
chapter: PART 2 - INTERPRETATION
section: 92
title: What is an archive
content:
92. An “archive” is any collection of materials (including documents and objects) of historical significance or public interest that is — ( a ) in the permanent custody of a corporate or an unincorporated body; ( b ) maintained by that body for the purpose of conservation or preservation; and ( c ) not run for profit by that body. Illustration Museums and galleries are examples of bodies that could have custody of archives.


document_id: ca-2021
provision_ref: s93
chapter: PART 2 - INTERPRETATION
section: 93
title: What is the custodian of a public collection
content:
93. A “custodian” is — ( a ) in relation to the National Archives — the National Library Board; ( b ) in relation to the prescribed collections of the National Heritage Board — the National Heritage Board or a body prescribed by the Minister charged with the responsibility for the Board; ( c ) in relation to the permanent collection of a library — the body or person (including the Government) having ultimate responsibility for the administration of the library; and ( d ) in relation to an archive — the body or person (including the Government) having ultimate responsibility for the administration of the archive.


document_id: ca-2021
provision_ref: s94
chapter: PART 2 - INTERPRETATION
section: 94
title: Who is an authorised officer of a public collection
content:
94. An “authorised officer”, in relation to a public collection, means an authorised officer of the custodian of the public collection.


document_id: ca-2021
provision_ref: s95
chapter: PART 2 - INTERPRETATION
section: 95
title: When is a library run for profit
content:
95. A library is not taken to be for‑profit just because it is owned by a person carrying on business for profit. Division 5 &#x2014; Rights and rights infringements Subdivision (1) &#x2014; Common provisions


document_id: ca-2021
provision_ref: s96
chapter: PART 2 - INTERPRETATION
section: 96
title: Who is a rights owner
content:
96. A “rights owner” is — ( a ) in relation to a copyright work — the owner of the copyright; and ( b ) in relation to a protected performance — the person who is entitled to bring an action for an infringing use of the performance.


document_id: ca-2021
provision_ref: s97
chapter: PART 2 - INTERPRETATION
section: 97
title: What is a rights infringement
content:
97. A “rights infringement” is — ( a ) an infringement of copyright; or ( b ) an infringing use of a protected performance.


document_id: ca-2021
provision_ref: s98
chapter: PART 2 - INTERPRETATION
section: 98
title: What is an infringing copy of a copyright work or protected performance
content:
98. —(1) An “infringing copy” — ( a ) in relation to a copyright work, is a copy of the work that is — (i) made in Singapore on or after 21 November 2021 in circumstances that constitute an infringement of copyright in the work under this Act; (ii) made in Singapore before 21 November 2021 in circumstances that constitute an infringement of copyright in the work under the 1911 Act or the 1987 Act, as the case may be; or (iii) made outside Singapore without the consent of the copyright owner and imported without the licence of the copyright owner (whether the making or importation happened before, on or after 21 November 2021); and ( b ) in relation to a protected performance, is a recording of the performance that is — (i) made in Singapore on or after 21 November 2021 in circumstances that constitute an infringing use of the performance under this Act; (ii) made in Singapore before 21 November 2021 in circumstances that constitute an unauthorised use of the performance under the 1987 Act; or (iii) made outside Singapore and imported without the consent of the rights owner of the performance (whether the making or importation happened before, on or after 21 November 2021). (2) In subsection (1)( a ), “copy”, in relation to an authorial work, means a copy of the work or of an adaptation of the work, but not a copy of a film of the work or adaptation.


document_id: ca-2021
provision_ref: s99
chapter: PART 2 - INTERPRETATION
section: 99
title: What is a flagrantly infringing online location
content:
99. —(1) A “flagrantly infringing online location” is an online location that has been or is being used to flagrantly commit or facilitate rights infringements. (2) In deciding whether an online location is a flagrantly infringing online location, the following matters must be considered and the appropriate weight must be given to them: ( a ) whether the primary purpose of the online location is to commit or facilitate rights infringements; ( b ) whether the online location makes available or contains directories, indexes or categories of the means to commit or facilitate rights infringements; ( c ) whether the owner or operator of the online location demonstrates a general disregard for copyright or the protection of performances; ( d ) whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to rights infringements; ( e ) whether the online location contains guides or instructions to circumvent measures, or any order of any court, that disable access to the online location on the ground of or related to rights infringements; ( f ) the volume of traffic at or frequency of access to the online location; ( g ) any other relevant matters. Subdivision (2) &#x2014; Provisions relating to copyright works


document_id: ca-2021
provision_ref: s100
chapter: PART 2 - INTERPRETATION
section: 100
title: What are acts comprised in a copyright
content:
100. An act comprised in a copyright is any act that, under this Act, the owner of the copyright has the exclusive right to do.


document_id: ca-2021
provision_ref: s101
chapter: PART 2 - INTERPRETATION
section: 101
title: What does it mean to do an act with or without the licence of copyright owner
content:
101. An act is done with or without the licence of a copyright owner if it is done or not done under a licence that is binding on the copyright owner.


document_id: ca-2021
provision_ref: s102
chapter: PART 2 - INTERPRETATION
section: 102
title: If there are 2 or more copyright owners for a work, which owner is relevant
content:
102. —(1) This section applies where (whether because of an assignment limited in accordance with section 139 or otherwise) there are 2 or more different persons who are owners (or prospective owners) of a copyright in respect of its application to — ( a ) the doing of different acts or classes of acts; or ( b ) the doing of one or more acts or classes of acts in different countries or at different times. (2) The relevant copyright owner (or prospective copyright owner) for any purpose under this Act is the owner (or prospective owner) of the copyright in relation to — ( a ) the doing of the act or class of acts relevant for that purpose; and ( b ) where applicable, the doing of that act or those acts at the time or in the country relevant for that purpose. (3) Without limiting subsection (2) — ( a ) where this Act refers to importing an article without the licence of a copyright owner, the relevant copyright owner is the owner of the copyright in relation to the making of that type of article in the country into which the article is imported; and ( b ) where this Act refers to selling or otherwise dealing with an article without the licence of a copyright owner, the relevant copyright owner is the owner of the copyright in relation to the making of that type of article in the country where the article is sold or otherwise dealt with. (4) Where this Act refers to an imported article that is made without the consent of a copyright owner — ( a ) the relevant copyright owner is — (i) the owner of the copyright in relation to the making of that type of article in the country where the imported article is made; or (ii) if there is no person falling under sub‑paragraph (i), the owner of the copyright in relation to the making of that type of article in Singapore; and ( b ) the article is deemed to be made with the relevant copyright owner’s consent if it is made with the relevant copyright owner’s licence (other than a compulsory licence), ignoring for this purpose any condition as to the sale, distribution or other dealings in the article after its making.


document_id: ca-2021
provision_ref: s103
chapter: PART 2 - INTERPRETATION
section: 103
title: What is an exclusive licence
content:
103. —(1) An “exclusive licence”, in relation to a copyright, is a licence — ( a ) granted by the owner or prospective owner of the copyright; and ( b ) authorising the licensee, to the exclusion of any other person, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do. (2) “Exclusive licensee” has a corresponding meaning. Subdivision (3) &#x2014; Provisions relating to protected performances


document_id: ca-2021
provision_ref: s104
chapter: PART 2 - INTERPRETATION
section: 104
title: If there are 2 or more rights owners for a protected performance, whose authority is relevant
content:
104. If a performance has 2 or more rights owners — ( a ) a reference in this Act to the doing of an act in relation to the performance (or a recording of the performance) with the rights owner’s authority is a reference to the doing of the act with the authority of every rights owner; and ( b ) a reference in this Act to the doing of an act in relation to the performance (or a recording of the performance) without the rights owner’s authority is a reference to the doing of the act without the authority of every rights owner. Division 6 &#x2014; Miscellaneous


document_id: ca-2021
provision_ref: s105
chapter: PART 2 - INTERPRETATION
section: 105
title: When is a visual image or sound embodied in an article or a thing
content:
105. A visual image or sound is embodied in an article or a thing if the article or thing has been treated so that the visual image or sound can be reproduced from the article or thing, either with or without the aid of a separate device.


document_id: ca-2021
provision_ref: s107
chapter: PART 3 - COPYRIGHT IN WORKS
section: 107
title: Copyrights to subsist independently
content:
107. —(1) The subsistence or otherwise of copyright under any provision of this Part does not affect the subsistence or otherwise of copyright under any other provision of this Part. (2) Without limiting subsection (1), the subsistence or otherwise of copyright in an authorial work does not affect the subsistence or otherwise of copyright in another work derived wholly or partly from the authorial work.


document_id: ca-2021
provision_ref: s108
chapter: PART 3 - COPYRIGHT IN WORKS
section: 108
title: Nature of copyright
content:
108. —(1) Where a copyright owner has the exclusive right to do an act — ( a ) the right is a right to exclude others from doing that act (or authorising the doing of that act) without the authorisation of the copyright owner; and ( b ) it is declared that the right is not a positive right of the copyright owner to do that act. (2) To avoid doubt, where a copyright owner has the right to be paid equitable remuneration for the doing of an act, the right is not a positive right of the copyright owner to do that act. Division 2 &#x2014; Authorial works


document_id: ca-2021
provision_ref: s109
chapter: PART 3 - COPYRIGHT IN WORKS
section: 109
title: Conditions for copyright to subsist in unpublished authorial works
content:
109. —(1) Subject to the provisions of this Act, copyright subsists in an unpublished authorial work if — ( a ) the work is original; and ( b ) one of the following applies: (i) the author is a qualified individual when the work is made; (ii) if the work is made over a period — the author is a qualified individual for a substantial part of that period; (iii) the work is made — (A) by or under the direction or control of the Government; or (B) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation. (2) In this section, “author”, in relation to a work of joint authorship, means any of the joint authors.


document_id: ca-2021
provision_ref: s110
chapter: PART 3 - COPYRIGHT IN WORKS
section: 110
title: Conditions for copyright to subsist in published authorial works
content:
110. —(1) Subject to the provisions of this Act, where an authorial work is published and copyright subsists in the work immediately before its first publication by virtue of section 109 — ( a ) copyright continues to subsist in the work if and only if — (i) the author of the work — (A) is a qualified individual when the work is first published; or (B) dies before the work is first published but is a qualified individual immediately before his or her death; or (ii) the work is first published — (A) in Singapore; (B) by or under the direction or control of the Government; or (C) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation; and ( b ) the copyright expires if paragraph ( a ) does not apply. (2) Subject to the provisions of this Act, where an authorial work is published and there is no copyright in the work immediately before its first publication, copyright subsists in the work if and only if — ( a ) the work is original; and ( b ) one of the following applies: (i) the author of the work — (A) is a qualified individual when the work is first published; or (B) dies before the work is first published but is a qualified individual immediately before his or her death; (ii) the work is first published — (A) in Singapore; (B) by or under the direction or control of the Government; or (C) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation. (3) In this section, “author”, in relation to a work of joint authorship, means any of the joint authors.


document_id: ca-2021
provision_ref: s111
chapter: PART 3 - COPYRIGHT IN WORKS
section: 111
title: Conditions for copyright to subsist in buildings
content:
111. —(1) Subject to the provisions of this Act, copyright subsists in an original artistic work — ( a ) that is a building in Singapore; or ( b ) that is attached to, or part of, a building in Singapore. (2) This section does not apply to or in relation to a building if the construction of the building was completed before 10 April 1987.


document_id: ca-2021
provision_ref: s112
chapter: PART 3 - COPYRIGHT IN WORKS
section: 112
title: Nature of copyright in literary, dramatic and musical works
content:
112. —(1) For the purposes of this Act, unless the contrary intention appears, copyright in a literary, dramatic or musical work is the exclusive right to do all or any of the following acts: ( a ) to make a copy of the work; ( b ) to publish the work if the work is unpublished; ( c ) to perform the work in public; ( d ) to communicate the work to the public; ( e ) to make an adaptation of the work; ( f ) to do, in relation to an adaptation of the work, any of the acts specified in paragraphs ( a ) to ( e ); ( g ) in the case of a computer program — to enter into a commercial rental arrangement the essential object of which is the rental of the program. (2) If a computer program is embodied in a machine or device and cannot be copied through the ordinary use of the machine or a device, subsection (1)( g ) does not extend to entering into a commercial rental arrangement in respect of the machine or device. (3) In subsection (2), “device” does not include — ( a ) a floppy disc; ( b ) a CD‑ROM; ( c ) an integrated circuit; or ( d ) any other device that is ordinarily used to store computer programs.


document_id: ca-2021
provision_ref: s113
chapter: PART 3 - COPYRIGHT IN WORKS
section: 113
title: Nature of copyright in artistic works
content:
113. For the purposes of this Act, unless the contrary intention appears, copyright in an artistic work is the exclusive right to do all or any of the following acts: ( a ) to make a copy of the work; ( b ) to publish the work if it is unpublished; ( c ) to communicate the work to the public.


document_id: ca-2021
provision_ref: s114
chapter: PART 3 - COPYRIGHT IN WORKS
section: 114
title: Duration of copyright in authorial works
content:
114. —(1) Where an authorial work is first published within 50 years after the end of the year in which the work is made, any copyright in the work expires — ( a ) if the author is identified within 70 years after the end of the year in which the work is first published — 70 years after the end of the year in which the author dies; and ( b ) if not — 70 years after the end of the year in which the work is first published. (2) Where an authorial work is first published more than 50 years after the end of the year in which the work is made, but is made available to the public other than by publication within those 50 years, any copyright in the work expires — ( a ) if the author is identified within 70 years after the end of the year in which the work is first made available to the public — 70 years after the end of the year in which the author dies; and ( b ) if not — 70 years after the end of the year in which the work is first made available to the public. (3) In any other case, any copyright in an authorial work expires — ( a ) if the author of the work is identified within 70 years after the end of the year in which the work is made — 70 years after the end of the year in which the author dies; and ( b ) if not — 70 years after the end of the year in which the work is made. (4) This section is subject to section 110(1)( b ) (expiry of copyright upon publication).


document_id: ca-2021
provision_ref: s115
chapter: PART 3 - COPYRIGHT IN WORKS
section: 115
title:
Duration of copyright in authorial works — transitional provision for certain works published before 31 December 2022

content:
115. —(1) Despite section 114, any copyright in an authorial work expires 70 years after the end of the year in which the work is first made available to the public if — ( a ) the work is a literary, dramatic or musical work or an engraving; ( b ) the author is identified on or before 31 December 2022; ( c ) the author died before 21 November 2021; and ( d ) the work is first made available to the public — (i) after the death of the author; and (ii) on or before 31 December 2022. (2) Despite section 114, any copyright in an authorial work expires 70 years after the end of the year in which the work is first published in any of the following circumstances: ( a ) the work — (i) is first published on or before 31 December 2022; and (ii) has no identified author on or before that date; ( b ) the work is — (i) a photograph; and (ii) first published on or before 31 December 2022; ( c ) the work is — (i) a literary, dramatic or musical work or an engraving; and (ii) made or first published on or before 31 December 2022 by or under the direction or control of the Government. (3) Despite section 114, any copyright in an artistic work (other than an engraving) expires 70 years after the end of the year in which the work is made if the work is made by or under the direction or control of the Government before 21 November 2021. (4) This section is subject to section 110(1)( b ) (expiry of copyright upon publication).


document_id: ca-2021
provision_ref: s116
chapter: PART 3 - COPYRIGHT IN WORKS
section: 116
title:
Interpretation of sections 114 and 115 — making available to public; application to works of joint authorship

content:
116. —(1) This section applies for the purposes of sections 114 and 115. (2) Subject to subsection (3), an authorial work is made available to the public in the following circumstances (but without limiting the expression “made available to the public”): ( a ) the work (or, in the case of a literary, dramatic or musical work, an adaptation of the work) is — (i) performed in public; (ii) communicated to the public; or (iii) published; ( b ) if the work is an artistic work — the work is exhibited in public; ( c ) if the work is an artistic work included in a film — the visual images of the film are seen in public; ( d ) if the work is a building — the building is constructed; ( e ) records of the work (or, in the case of a literary, dramatic or musical work, of an adaptation of the work) are — (i) offered to the public (whether or not for sale); or (ii) exposed for sale to the public. (3) An unauthorised act (as defined by section 58(5)) must be ignored in deciding whether an authorial work is made available to the public. (4) In the case of a work of joint authorship — ( a ) the work has an identified author if any of the joint authors are identified; and ( b ) a reference to the death of the author is a reference to the death of the last surviving identified author. Illustration An authorial work is jointly made in 2021 by A1 and A2 . A1 is identified, A2 is not. A1 dies in 2050. The work is not made available to the public at any time before the end of 2071. By virtue of section 114(3)( a ) read with section 116(4), any copyright in the work expires in 2120. Division 3 &#x2014; Published editions of authorial works


document_id: ca-2021
provision_ref: s117
chapter: PART 3 - COPYRIGHT IN WORKS
section: 117
title: Conditions for copyright to subsist in published editions of authorial works
content:
117. —(1) Subject to the provisions of this Act, copyright subsists in a published edition of an authorial work if — ( a ) the person who first published the edition is a qualified person at the date when the edition is first published; or ( b ) the edition is first published — (i) in Singapore; (ii) by or under the direction or control of the Government; or (iii) by or under the direction or control of a prescribed international organisation. (2) Subsection (1) does not apply to an edition of an authorial work that — ( a ) reproduces a previous edition of the same work; or ( b ) was first published before 10 April 1987.


document_id: ca-2021
provision_ref: s118
chapter: PART 3 - COPYRIGHT IN WORKS
section: 118
title: Nature of copyright in published editions of authorial works
content:
118. For the purposes of this Act, unless the contrary intention appears, copyright in a published edition of an authorial work is the exclusive right to make a copy of that edition.


document_id: ca-2021
provision_ref: s119
chapter: PART 3 - COPYRIGHT IN WORKS
section: 119
title: Duration of copyright in published editions of authorial works
content:
119. Any copyright in a published edition of an authorial work expires 25 years after the end of the year in which the edition is first published. Division 4 &#x2014; Sound recordings


document_id: ca-2021
provision_ref: s120
chapter: PART 3 - COPYRIGHT IN WORKS
section: 120
title: Conditions for copyright to subsist in sound recordings
content:
120. Subject to the provisions of this Act, copyright subsists in a sound recording if — ( a ) the maker of the recording is a qualified person when the recording is made; or ( b ) the recording is made or first published — (i) in Singapore; (ii) by or under the direction or control of the Government; or (iii) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation.


document_id: ca-2021
provision_ref: s121
chapter: PART 3 - COPYRIGHT IN WORKS
section: 121
title: Nature of copyright in sound recordings
content:
121. For the purposes of this Act, unless the contrary intention appears, copyright in a sound recording is — ( a ) the exclusive right to do all or any of the following acts: (i) to make a copy of the recording; (ii) to enter into a commercial rental arrangement in respect of the recording; (iii) to publish the recording if it is unpublished; (iv) to communicate the recording to the public; and ( b ) if the recording has been published for commercial purposes and a person ( X ) causes the sounds embodied in the recording to be heard in public, the right to be paid equitable remuneration of an amount — (i) agreed between the copyright owner and X ; or (ii) in default of agreement, decided by a Copyright Tribunal.


document_id: ca-2021
provision_ref: s122
chapter: PART 3 - COPYRIGHT IN WORKS
section: 122
title: Duration of copyright in sound recordings
content:
122. —(1) Subject to subsections (2) and (3), any copyright in a sound recording expires — ( a ) if the recording is first published within 50 years after the end of the year in which the recording is made — 70 years after the end of the year in which the recording is first published; and ( b ) in any other case — 70 years after the end of the year in which the recording is made. (2) If a sound recording is first published on or before 31 December 2022, any copyright in the recording expires 70 years after the end of the year in which the recording is first published. (3) If the making of a sound recording was completed before 10 April 1987 — ( a ) this section does not apply to the recording; and ( b ) section 522 applies instead. Division 5 &#x2014; Films


document_id: ca-2021
provision_ref: s123
chapter: PART 3 - COPYRIGHT IN WORKS
section: 123
title: Conditions for copyright to subsist in films
content:
123. —(1) Subject to the provisions of this Act, copyright subsists in a film if — ( a ) the maker of the film is a qualified person for the whole or a substantial part of the period during which the film is made; or ( b ) the film is made or first published — (i) in Singapore; (ii) by or under the direction or control of the Government; or (iii) on or after 10 April 1987 by or under the direction or control of a prescribed international organisation. (2) This section does not apply to a film if the making of the film was completed before 10 April 1987.


document_id: ca-2021
provision_ref: s124
chapter: PART 3 - COPYRIGHT IN WORKS
section: 124
title: Nature of copyright in films
content:
124. For the purposes of this Act, unless the contrary intention appears, copyright in a film is the exclusive right to do all or any of the following acts: ( a ) to make a copy of the film; ( b ) to cause the visual images of the film to be seen in public; ( c ) to cause any sounds of the film to be heard in public; ( d ) to communicate the film to the public.


document_id: ca-2021
provision_ref: s125
chapter: PART 3 - COPYRIGHT IN WORKS
section: 125
title: Duration of copyright in films
content:
125. —(1) Subject to subsection (2), any copyright in a film expires — ( a ) if the film is first published within 50 years after the end of the year in which the film is made — 70 years after the end of the year in which the film is first published; ( b ) if the film is first published more than 50 years after the end of the year in which the film is made, but is made available to the public other than by publication within those 50 years — 70 years after the end of the year in which the film is first made available to the public; and ( c ) in any other case — 70 years after the end of the year in which the film is made. (2) If a film is first published on or before 31 December 2022, any copyright in the film expires 70 years after the end of the year in which the film is first published. (3) For the purposes of this section — ( a ) subject to paragraph ( b ), a film is made available to the public in the following circumstances (but without limiting the expression “made available to the public”): (i) the film is communicated to the public; (ii) the visual images of the film are seen in public; (iii) any sounds of the film are heard in public; (iv) the film is published; and ( b ) an unauthorised act (as defined by section 58(5)) must be ignored in deciding whether a film is made available to the public. Division 6 &#x2014; Broadcasts


document_id: ca-2021
provision_ref: s126
chapter: PART 3 - COPYRIGHT IN WORKS
section: 126
title: Conditions for copyright to subsist in broadcasts
content:
126. —(1) Subject to the provisions of this Act, copyright subsists in a broadcast if the broadcast is made from a place in Singapore by the holder of a broadcasting licence. (2) This section does not apply to — ( a ) a broadcast made before 10 April 1987; and ( b ) a broadcast made after that date that is a repetition of a broadcast made before that date.


document_id: ca-2021
provision_ref: s127
chapter: PART 3 - COPYRIGHT IN WORKS
section: 127
title: Nature of copyright in broadcasts
content:
127. For the purposes of this Act, unless the contrary intention appears, copyright in a broadcast is the exclusive right to do all or any of the following acts: ( a ) to make a copy of the broadcast; ( b ) to communicate the broadcast to the public (whether by rebroadcasting it or otherwise); ( c ) in the case of a television broadcast — (i) to cause it, insofar as it consists of visual images, to be seen in public by a paying audience; or (ii) to cause it, insofar as it consists of sounds, to be heard in public by a paying audience.


document_id: ca-2021
provision_ref: s128
chapter: PART 3 - COPYRIGHT IN WORKS
section: 128
title: Duration of copyright in broadcasts
content:
128. Subject to section 129, any copyright in a broadcast expires 50 years after the end of the year in which the broadcast is made.


document_id: ca-2021
provision_ref: s129
chapter: PART 3 - COPYRIGHT IN WORKS
section: 129
title: Duration of copyright in repeat broadcasts
content:
129. —(1) This section applies to a broadcast (called in this section a repeat broadcast) that — ( a ) repeats (whether for the first time or otherwise) an earlier broadcast (called in this section the original broadcast) that is made from a place in Singapore by the holder of a broadcasting licence; and ( b ) is made by broadcasting visual images or sounds embodied in any article or thing. (2) If a repeat broadcast is made within 50 years after the end of the year in which the original broadcast is made, any copyright in the repeat broadcast expires at the end of those 50 years. (3) If a repeat broadcast is not made within 50 years after the end of the year in which the original broadcast is made, there is no copyright in the repeat broadcast. Division 7 &#x2014; Cable programmes


document_id: ca-2021
provision_ref: s130
chapter: PART 3 - COPYRIGHT IN WORKS
section: 130
title: Conditions for copyright to subsist in cable programmes
content:
130. —(1) Subject to the provisions of this Act, copyright subsists in a cable programme if the programme is included in a cable programme service that is provided by a qualified person in Singapore. (2) Subsection (1) does not apply to a cable programme that is included in a cable programme service — ( a ) by the reception and immediate re‑transmission of a broadcast; or ( b ) before 10 April 1987.


document_id: ca-2021
provision_ref: s131
chapter: PART 3 - COPYRIGHT IN WORKS
section: 131
title: Nature of copyright in cable programmes
content:
131. —(1) For the purposes of this Act, unless the contrary intention appears, copyright in a cable programme is the exclusive right to do all or any of the following acts: ( a ) to make a copy of the programme; ( b ) to communicate the programme to the public; ( c ) to cause the programme — (i) insofar as it consists of visual images — to be seen in public by a paying audience; or (ii) insofar as it consists of sounds — to be heard in public by a paying audience. (2) An act in subsection (1) may be done by — ( a ) the reception of a cable programme; or ( b ) using any record, print, negative, tape or other article on which a cable programme has been recorded. (3) To the extent that a cable programme consists of visual images — ( a ) any copyright in the programme extends to any sequence of those images that is sufficient to be seen as a moving picture; and ( b ) to show an infringement of any copyright in the programme, it is not necessary to prove that the act in question extends beyond any sequence that is so sufficient.


document_id: ca-2021
provision_ref: s132
chapter: PART 3 - COPYRIGHT IN WORKS
section: 132
title: Duration of copyright in cable programmes
content:
132. Any copyright in a cable programme expires 50 years after the end of the year in which the cable programme is first included in the cable programme service. Division 8 &#x2014; Ownership and transactions


document_id: ca-2021
provision_ref: s133
chapter: PART 3 - COPYRIGHT IN WORKS
section: 133
title: First owner — maker of work, etc., is default first owner
content:
133. —(1) Subject to the provisions of this Act, the first owner of copyright in a work is — ( a ) in the case of an authorial work — subject to subsection (2), the author; ( b ) in the case of a published edition of an authorial work — the publisher; ( c ) in the case of a sound recording — the maker of the recording; ( d ) in the case of a film — the maker of the film; ( e ) in the case of a broadcast — the broadcasting licensee that made the broadcast; and ( f ) in the case of a cable programme — the person providing the cable programme service in which the programme was included. (2) If copyright subsists in a work of joint authorship only because one or more (but not all) of the joint authors are qualified individuals, subsection (1)( a ) does not confer ownership of the copyright on a joint author who is not a qualified individual. (3) Subsections (1) and (2) are subject to any contrary intention in — ( a ) any written agreement made on or after 21 November 2021 by the person who would otherwise be the first owner of a copyright under those subsections; or ( b ) any agreement before 21 November 2021 by the person who would otherwise be the first owner of a copyright under those subsections.


document_id: ca-2021
provision_ref: s134
chapter: PART 3 - COPYRIGHT IN WORKS
section: 134
title: First owner — copyright created in the course of employment
content:
134. —(1) This section applies where, in the course of a contract of service, the employee — ( a ) makes an authorial work; or ( b ) does any of the following on or after 21 November 2021: (i) makes a sound recording, film or broadcast; (ii) provides a cable programme service in which a cable programme is included; (iii) publishes an edition of an authorial work. (2) The first owner of any copyright in the relevant work is to be determined according to this section (and not section 133). (3) Subject to subsection (4), the employer is the first owner of any copyright in the relevant work. (4) Where — ( a ) the relevant work is a literary work, a dramatic work or an artistic work; ( b ) the employer is the proprietor of a periodical; and ( c ) the work is made for publication in a periodical, then — ( d ) if the work is made on or after 10 April 1987 — (i) the employer is the first owner of any copyright in the work only to the extent that the copyright relates to — (A) publishing the work in any periodical; or (B) making a copy of the work for the purpose of its being so published; and (ii) the employee is otherwise the first owner of any copyright in the work; and ( e ) if the work was made before 10 April 1987, the employee is entitled to restrain the publication of the work otherwise than in a periodical. (5) Subsections (3) and (4) are subject to any contrary intention in — ( a ) any written agreement made between the employer and the employee on or after 21 November 2021; or ( b ) any agreement made between the employer and the employee before 21 November 2021. (6) In this section — “periodical” means a newspaper, magazine or similar periodical, and includes an online periodical; “relevant work” means a work mentioned in subsection (1).


document_id: ca-2021
provision_ref: s135
chapter: PART 3 - COPYRIGHT IN WORKS
section: 135
title:
First owner — sound recordings, films and certain authorial works commissioned before 21 November 2021

content:
135. —(1) This section applies where — ( a ) one party ( X ) entered into an agreement with another party ( Y ) before 21 November 2021; ( b ) pursuant to the agreement, X does any of the following (whether before, on or after 21 November 2021): (i) takes a photograph; (ii) paints or draws a portrait; (iii) makes an engraving; (iv) makes a sound recording; (v) makes a film; ( c ) the things mentioned in paragraph ( b ) are not done in the course of a contract of service (whether with Y or any other person); and ( d ) Y provides valuable consideration pursuant to the agreement. (2) The first owner of any copyright in the commissioned work is to be determined according to this section (and not section 133). (3) Subject to subsections (4), (5) and (6), Y is the first owner of any copyright in the commissioned work. (4) Where — ( a ) the agreement is made on or after 10 April 1987 but before 21 November 2021; ( b ) the commissioned work is a photograph, a portrait or an engraving; and ( c ) Y requires the commissioned work for any particular purpose, that purpose must be communicated to X and X is entitled to restrain the doing, otherwise than for that particular purpose, of any act comprised in the copyright in the commissioned work. (5) Where — ( a ) the agreement was made before 10 April 1987; and ( b ) the commissioned work is a sound recording, the first owner of any copyright in the recording is the person who would be the first owner under the law applicable when the agreement was made. (6) Subsections (3), (4) and (5) are subject to any contrary intention in — ( a ) any written agreement made between X and Y on or after 21 November 2021; or ( b ) any agreement made between X and Y before 21 November 2021. (7) In this section — ( a ) where the agreement mentioned in subsection (1)( a ) was made before 10 April 1987, “photograph” includes photo‑lithograph and a work produced by a process similar to photography; and ( b ) “commissioned work” means a work mentioned in subsection (1)( b ).


document_id: ca-2021
provision_ref: s136
chapter: PART 3 - COPYRIGHT IN WORKS
section: 136
title: First owner — Government and prescribed international organisations
content:
136. —(1) Despite subsections (3) and (4) and sections 133, 134 and 135, the Government is the first owner of — ( a ) any copyright in an unpublished authorial work made by or under the direction or control of the Government (including any copyright in the work after it is published); ( b ) any copyright in a published authorial work subsisting by virtue of section 110, if the work is first published by or under the direction or control of the Government; ( c ) any copyright in a published edition of an authorial work, if — (i) the edition is first published on or after 21 November 2021 by or under the direction or control of the Government; or (ii) the edition is first published before 21 November 2021 by or under the direction or control of the Government and copyright subsists in the edition only by virtue of section 117(1)( b )(ii); and ( d ) any copyright in a sound recording or film, if the recording or film is made or first published by or under the direction or control of the Government. (2) Subsection (1) is subject to any contrary intention in — ( a ) any written agreement made by the Government on or after 21 November 2021; or ( b ) any agreement made by the Government before 21 November 2021. (3) Despite sections 133, 134 and 135, if copyright subsists in the following works only by virtue of the work being made or first published by or under the direction or control of a prescribed international organisation, the organisation is the first owner of the copyright: ( a ) an unpublished authorial work; ( b ) a published authorial work; ( c ) a published edition of an authorial work; ( d ) a sound recording; ( e ) a film. (4) Subsection (3) is subject to any contrary intention in — ( a ) any written agreement made by the organisation on or after 21 November 2021; or ( b ) any agreement made by the organisation before 21 November 2021.


document_id: ca-2021
provision_ref: s137
chapter: PART 3 - COPYRIGHT IN WORKS
section: 137
title: Transfer of copyright
content:
137. Copyright may be transferred as personal or moveable property by — ( a ) assignment; ( b ) testamentary disposition; or ( c ) operation of law.


document_id: ca-2021
provision_ref: s138
chapter: PART 3 - COPYRIGHT IN WORKS
section: 138
title: Assignment — formalities
content:
138. An assignment of copyright is valid only if it is — ( a ) made in writing; and ( b ) signed by or on behalf of the assignor.


document_id: ca-2021
provision_ref: s139
chapter: PART 3 - COPYRIGHT IN WORKS
section: 139
title: Assignment — partial assignment
content:
139. An assignment of copyright may be limited, but only in one or more of the following ways: ( a ) to some but not all the types of acts comprised in the copyright; ( b ) to a part but not the whole of each type of act comprised in the copyright; ( c ) to a part of the whole duration of the copyright; ( d ) in the case of copyright in sound recordings — to the whole or a part of the right to be paid equitable remuneration under section 121( b ).


document_id: ca-2021
provision_ref: s140
chapter: PART 3 - COPYRIGHT IN WORKS
section: 140
title: Assignment — assignment of future copyright
content:
140. —(1) A future copyright may be assigned by the person who would be the copyright owner when the copyright comes into existence. (2) Where a future copyright is assigned, the copyright will, when it comes into existence — ( a ) vest in the assignee or the assignee’s successor in title, as the case may be; and ( b ) not vest in the person who would otherwise be the first owner under section 133, 134, 135 or 136. (3) In this section and section 141, “future copyright” means a copyright that will come into existence in the future.


document_id: ca-2021
provision_ref: s141
chapter: PART 3 - COPYRIGHT IN WORKS
section: 141
title: Licences — licence of future copyright
content:
141. —(1) A licence may be granted in respect of a future copyright by the person who would be the copyright owner when the copyright comes into existence. (2) Section 143 applies to a licence of a future copyright as it applies to the licence of a subsisting copyright.


document_id: ca-2021
provision_ref: s142
chapter: PART 3 - COPYRIGHT IN WORKS
section: 142
title: Licences — formalities for exclusive licence
content:
142. An exclusive licence of a copyright is valid only if it is — ( a ) made in writing; and ( b ) signed by or on behalf of the owner or prospective owner of the copyright.


document_id: ca-2021
provision_ref: s143
chapter: PART 3 - COPYRIGHT IN WORKS
section: 143
title: Licences — licence binds successors in title to copyright except bona fide purchaser
content:
143. Where the owner of a copyright grants a licence of the copyright — ( a ) in the case of a licence granted on or after 1 July 2004 to the Government or a public body — the licence binds every successor in title to the copyright; and ( b ) in any other case — the licence binds every successor in title to the copyright, but not — (i) a successor in title who purchased the title in good faith for valuable consideration and without actual or constructive notice of the licence; or (ii) a person who derives title from that successor.


document_id: ca-2021
provision_ref: s144
chapter: PART 3 - COPYRIGHT IN WORKS
section: 144
title: Death — devolution of copyright coming into existence after would‑be owner dies
content:
144. —(1) This section applies where a copyright comes into existence after the death of the person who would have been the copyright owner had he or she been alive. (2) The ownership of the copyright is to devolve as if — ( a ) the copyright existed immediately before the person’s death; and ( b ) the person had then been the copyright owner. (3) Despite sections 133, 134, 135 and 136, the person to whom the copyright devolves is the first owner of the copyright.


document_id: ca-2021
provision_ref: s145
chapter: PART 3 - COPYRIGHT IN WORKS
section: 145
title: Death — bequest of manuscript, etc., includes any copyright therein
content:
145. —(1) This section applies to a bequest (whether specific or general) if — ( a ) the testator dies on or after 10 April 1987; ( b ) the bequest entitles a person, beneficially or otherwise, to — (i) the manuscript of a literary, dramatic or musical work; or (ii) an artistic work; and ( c ) the work is not published during the testator’s lifetime. (2) Subject to any contrary intention in the testator’s will, the bequest is to be treated as including a bequest of any copyright in the work insofar as the testator owned the copyright immediately before his or her death. (3) In this section, “manuscript”, in relation to an authorial work, means an original document (whether written by hand or not) embodying the work. Division 9 &#x2014; Infringement of copyright Subdivision (1) &#x2014; What is an infringement of copyright


document_id: ca-2021
provision_ref: s146
chapter: PART 3 - COPYRIGHT IN WORKS
section: 146
title: Infringement by doing act comprised in copyright
content:
146. —(1) Subject to the provisions of this Act, copyright is infringed if — ( a ) a person does in Singapore, or authorises the doing in Singapore of, any act comprised in the copyright; and ( b ) the person neither owns the copyright nor has the licence of the copyright owner. (2) For the purposes of subsection (1) — ( a ) in the case of a sound recording — it does not matter whether an act is done by directly or indirectly making use of a copy of the recording; and ( b ) in the case of a broadcast or a cable programme — it does not matter whether an act is done — (i) by the reception of the broadcast or programme; or (ii) by making use of any article or thing in which the visual images and sounds comprised in the broadcast or programme are embodied.


document_id: ca-2021
provision_ref: s147
chapter: PART 3 - COPYRIGHT IN WORKS
section: 147
title: Infringement by importation for commercial dealing, etc.
content:
147. —(1) Subject to the provisions of this Act, copyright in a work is infringed if — ( a ) a person imports an article for the purpose of — (i) commercial dealing; or (ii) distributing the article to an extent that will prejudicially affect the copyright owner; ( b ) the article is imported without the licence of the copyright owner; and ( c ) the person knows or ought reasonably to know that the article was made without the consent of the copyright owner. (2) For the purposes of subsection (1), it does not matter whether the article is made before, on or after 21 November 2021. (3) This section does not limit section 146.


document_id: ca-2021
provision_ref: s148
chapter: PART 3 - COPYRIGHT IN WORKS
section: 148
title: Infringement by commercial dealing, etc.
content:
148. —(1) Subject to the provisions of this Act, copyright in a work is infringed if — ( a ) a person does any of the following acts in Singapore: (i) deals commercially in an article; or (ii) distributes an article to an extent that will prejudicially affect the copyright owner; ( b ) the act is done without the licence of the copyright owner; and ( c ) the person knows or ought reasonably to know that — (i) if the article is made in Singapore — the making of the article infringed the copyright; and (ii) if the article is imported — the article was made without the consent of the copyright owner. (2) For the purposes of subsection (1) — ( a ) it does not matter whether the article is made before, on or after 21 November 2021; and ( b ) an article made before 21 November 2021 is to be treated as having been made in infringement of copyright if it was made in infringement of copyright under the 1911 Act or the 1987 Act, as the case may be. (3) This section does not limit section 146.


document_id: ca-2021
provision_ref: s149
chapter: PART 3 - COPYRIGHT IN WORKS
section: 149
title:
Accessory to imported article to be ignored for purposes of sections 147 and 148 in certain circumstances

content:
149. —(1) This section applies where — ( a ) an imported article includes an accessory; ( b ) the accessory is or embodies any of the following material: (i) an authorial work; (ii) a published edition of an authorial work; (iii) a sound recording; (iv) a film; ( c ) copyright subsists in the material; and ( d ) the article (considered apart from the accessory) is not an infringing copy. (2) Despite section 147, the copyright in the material is not infringed by the importation of the article. (3) Despite section 148, the copyright in the material is not infringed by any commercial dealing in, or distribution of, the imported article. (4) To avoid doubt, nothing in this section affects the operation of this Act in relation to an authorial work, a published edition, a sound recording or a film that is embodied in the imported article. (5) In this section, “accessory”, in relation to an article — ( a ) means one or more of the following: (i) a label affixed to, or displayed on, the article; (ii) the article’s packaging or container; (iii) a label affixed to, or displayed on, the article’s packaging or container; (iv) a leaflet, pamphlet, certificate, warranty, brochure, written instruction or other information incidental to the article and provided with the article on its sale; (v) an instructional sound recording or film incidental to the article and provided with the article on its sale; but ( b ) does not include — (i) a copy of an authorial work that is incorporated into the surface of the article and is a permanent part of the article; (ii) a copy of an authorial work that cannot be separated from the article without making the article unsuitable for its ordinary use; or (iii) a manual for use in connection with, and meant to be sold together with, computer software.


document_id: ca-2021
provision_ref: s150
chapter: PART 3 - COPYRIGHT IN WORKS
section: 150
title:
Infringement by making device or providing service, etc., to access works communicated without authority

content:
150. —(1) Subject to the provisions of this Act, copyright in a work is infringed by a person ( X ) if — ( a ) the work is communicated to the public without the copyright owner’s authority; ( b ) X does any of the following acts (whether before or after the work is so communicated): (i) makes a device to obtain a commercial advantage; (ii) deals commercially in a device; (iii) imports a device for the purpose of commercial dealing; (iv) distributes a device to an extent that will prejudicially affect the copyright owner; (v) offers to the public, or provides, a service — (A) in exchange for payment; or (B) together with the sale of a device; ( c ) the device or service is capable of facilitating access to the work; and ( d ) X knows or ought reasonably to know that the device or service — (i) is capable of facilitating access to works communicated to the public without the authority of their copyright owners; and (ii) has only a limited commercially significant purpose or use other than that capability. (2) In this section — “device” includes a component of a device, and a computer program; “service” includes a subscription service and the provision of information.


document_id: ca-2021
provision_ref: s151
chapter: PART 3 - COPYRIGHT IN WORKS
section: 151
title:
Infringement by failure to pay equitable remuneration for causing sounds embodied in commercially published sound recordings to be heard in public

content:
151. —(1) Subject to the provisions of this Act, copyright in a sound recording is infringed if a person fails to pay equitable remuneration to the copyright owner in circumstances to which section 121( b ) applies. (2) This section does not limit section 146.


document_id: ca-2021
provision_ref: s152
chapter: PART 3 - COPYRIGHT IN WORKS
section: 152
title: Exceptions to infringement
content:
152. —(1) Part 5 (permitted uses) applies. (2) The following written laws also provide for exceptions to copyright infringement: ( a ) section 25(5) of the Newspaper and Printing Presses Act 1974 (copies of declared foreign newspapers); ( b ) section 57(2) of the Patents Act 1994 (reproduction or publication of models and documents in connection with Government use); ( c ) section 108(6) of the Patents Act 1994 (publication of patent specification or application); ( d ) section 45(6) of the Registered Designs Act 2000 (reproduction or publication of models and documents in connection with Government use). Subdivision (2) &#x2014; Action for copyright infringement


document_id: ca-2021
provision_ref: s153
chapter: PART 3 - COPYRIGHT IN WORKS
section: 153
title: Action for copyright infringement
content:
153. —(1) Subject to the provisions of this Act, an action against a person for an infringement of copyright may be brought in the Court by — ( a ) the copyright owner; or ( b ) if an exclusive licence of the copyright is in force at the time of the infringement — the exclusive licensee. (2) The exclusive licensee’s right of action under subsection (1)( b ) is concurrent with the copyright owner’s right of action under subsection (1)( a ). (3) This section does not — ( a ) give an exclusive licensee any right against a copyright owner; or ( b ) affect any right that an exclusive licensee has against a copyright owner.


document_id: ca-2021
provision_ref: s154
chapter: PART 3 - COPYRIGHT IN WORKS
section: 154
title: Limitation of action
content:
154. An action may not be brought for an infringement of copyright more than 6 years after the infringement takes place.


document_id: ca-2021
provision_ref: s155
chapter: PART 3 - COPYRIGHT IN WORKS
section: 155
title: Remedies and border enforcement measures
content:
155. Part 6 applies, subject to Subdivision (3) of this Division. Subdivision (3) &#x2014; Infringement action where
exclusive licensee has concurrent right of action


document_id: ca-2021
provision_ref: s156
chapter: PART 3 - COPYRIGHT IN WORKS
section: 156
title: Interpretation of this Subdivision
content:
156. In this Subdivision — “infringement” means an infringement of copyright for which the copyright owner and the exclusive licensee of the copyright have concurrent rights of action; “infringement action” has a corresponding meaning; “party” means the copyright owner or the exclusive licensee, as the case may be.


document_id: ca-2021
provision_ref: s157
chapter: PART 3 - COPYRIGHT IN WORKS
section: 157
title: Application of this Subdivision
content:
157. —(1) This Subdivision applies where an action for an infringement of copyright may be brought by the copyright owner and the exclusive licensee of the copyright. (2) This Subdivision does not apply in relation to a licence granted before 10 April 1987.


document_id: ca-2021
provision_ref: s158
chapter: PART 3 - COPYRIGHT IN WORKS
section: 158
title: Joinder and costs
content:
158. —(1) This section applies if the copyright owner or the exclusive licensee (but not both) brings an infringement action. (2) Unless the Court orders otherwise, the party that brought the action may proceed with the action without joining the other party as a claimant or adding the other party as a defendant. (3) If the other party is added as a defendant, that other party is not liable for any costs in the action unless that other party files and serves a notice of intention to contest or not contest the claim and takes part in the proceedings.


document_id: ca-2021
provision_ref: s159
chapter: PART 3 - COPYRIGHT IN WORKS
section: 159
title: Same defences and same remedies available
content:
159. —(1) This section applies if the exclusive licensee brings an infringement action. (2) A defendant in the action is entitled to the same defences under this Act that would be available to the defendant if the action had been brought by the copyright owner. (3) Subject to this Subdivision, the exclusive licensee is entitled to the same remedies that the copyright owner would be entitled to under Division 1 of Part 6 if the action had been brought by the copyright owner. (4) The remedies of the exclusive licensee are concurrent with the remedies of the copyright owner.


document_id: ca-2021
provision_ref: s160
chapter: PART 3 - COPYRIGHT IN WORKS
section: 160
title: Assessment of damages
content:
160. —(1) This section applies if — ( a ) the copyright owner or the exclusive licensee brings an infringement action for an infringement; and ( b ) the other party is not a claimant in that action. (2) If the Court orders the payment of damages or statutory damages for the infringement, the following matters must be considered in assessing damages or statutory damages: ( a ) any right of action exercisable by the other party under that section in respect of the infringement; ( b ) if the action is brought by the exclusive licensee — any liabilities (whether for royalties or otherwise) to which the licence is subject; ( c ) if a separate infringement action is brought by the other party for the infringement — any pecuniary remedy already awarded to the other party under section 305 in respect of the infringement.


document_id: ca-2021
provision_ref: s161
chapter: PART 3 - COPYRIGHT IN WORKS
section: 161
title: Apportionment of profits
content:
161. —(1) This section applies if the copyright owner or the exclusive licensee brings an infringement action for an infringement (whether or not the other party is also a claimant in that action). (2) If the Court orders an account of profits to be taken in respect of the infringement, the Court must — ( a ) apportion the profits between the copyright owner and the exclusive licensee in a way the Court considers just; and ( b ) give directions to give effect to that apportionment. (3) Subsection (2) is subject to any contrary agreement between the copyright owner and the exclusive licensee.


document_id: ca-2021
provision_ref: s162
chapter: PART 3 - COPYRIGHT IN WORKS
section: 162
title: Separate actions for same infringement
content:
162. —(1) This section applies if the copyright owner and the exclusive licensee bring separate actions for the same infringement. (2) If there is a final order in one action — ( a ) for damages or statutory damages to be paid in respect of the infringement; or ( b ) to take an account of profits in respect of the infringement, the Court may not make an order to take an account of profits in respect of that infringement in the other action. (3) If there is a final order in one action to take an account of profits in respect of the infringement, the Court may not make an order for the payment of damages or statutory damages for that infringement in the other action. Subdivision (4) &#x2014; Presumptions in infringement actions


document_id: ca-2021
provision_ref: s163
chapter: PART 3 - COPYRIGHT IN WORKS
section: 163
title: Application
content:
163. —(1) This Division applies in an action for copyright infringement. (2) The presumptions in this Division do not apply if the contrary is proved.


document_id: ca-2021
provision_ref: s164
chapter: PART 3 - COPYRIGHT IN WORKS
section: 164
title: Presumption that copyright subsists if not disputed, etc.
content:
164. —(1) Copyright is presumed to subsist in a work if — ( a ) the defendant does not put in issue the question whether copyright subsists in the work; ( b ) the defendant puts that question in issue, but does not satisfy the Court that this is done in good faith; or ( c ) the defendant puts that question in issue in good faith, but an affidavit is made — (i) by or on behalf of the claimant; and (ii) asserting facts relevant to showing that copyright subsists in the work. (2) The affidavit mentioned in subsection (1)( c ) is to be admitted in evidence and the facts mentioned in subsection (1)( c )(ii) are presumed to be true. (3) Subsections (1)( c ) and (2) do not apply if the Court directs that oral evidence be adduced to prove the matters stated in the affidavit. (4) If the defendant — ( a ) puts in issue the question whether copyright subsists in a work; ( b ) causes, as a result, unnecessary costs or delay in the proceedings; and ( c ) does not satisfy the Court that the question is put in issue in good faith, the Court may order that — ( d ) the defendant is not allowed any costs in the action; and ( e ) the defendant is to pay to the other parties any costs that the defendant caused them to incur.


document_id: ca-2021
provision_ref: s165
chapter: PART 3 - COPYRIGHT IN WORKS
section: 165
title: Presumption that claimant owns copyright if not disputed, etc.
content:
165. —(1) This section applies if copyright is proved (or presumed by section 164) to subsist in a work. (2) The claimant is presumed to own the copyright if — ( a ) the defendant does not put in issue the question whether the claimant owns the copyright; ( b ) the defendant puts that question in issue, but does not satisfy the Court that this is done in good faith; or ( c ) the defendant puts that question in issue in good faith, but an affidavit is made — (i) by or on behalf of the claimant; and (ii) asserting facts relevant to showing that the claimant owns the copyright. (3) The affidavit mentioned in subsection (2)( c ) is to be admitted in evidence and the facts mentioned in subsection (2)( c )(ii) are presumed to be true. (4) Subsections (2)( c ) and (3) do not apply if the Court directs that oral evidence be adduced to prove the matters stated in the affidavit. (5) If the defendant — ( a ) puts in issue the question whether the claimant owns the copyright in a work; ( b ) causes, as a result, unnecessary costs or delay in the proceedings; and ( c ) does not satisfy the Court that the question is put in issue in good faith, the Court may order that — ( d ) the defendant is not allowed any costs in the action; and ( e ) the defendant is to pay to the other parties any costs that the defendant caused them to incur.


document_id: ca-2021
provision_ref: s166
chapter: PART 3 - COPYRIGHT IN WORKS
section: 166
title: Presumption of authorship where name appears
content:
166. —(1) This section applies if — ( a ) either — (i) a name purporting to be that of the author (or a joint author) of an authorial work appears on a published copy of the work; or (ii) a name purporting to be that of the author (or a joint author) of the work appears on an artistic work when it is made; and ( b ) the name is — (i) a person’s true name; or (ii) a name by which a person is commonly known. (2) The person is presumed — ( a ) to be the author (or a joint author) of the authorial work; and ( b ) to have made the work in circumstances to which sections 134 and 135 (works made in the course of employment or under commission) do not apply.


document_id: ca-2021
provision_ref: s167
chapter: PART 3 - COPYRIGHT IN WORKS
section: 167
title: Presumptions where authorial work is first published in Singapore
content:
167. —(1) This section applies if — ( a ) an infringement action is brought in relation to an authorial work; ( b ) the presumptions in section 166 are not applicable; ( c ) it is proved that — (i) the work is first published in Singapore; (ii) the first publication took place within the 70 years immediately before 1 January of the year in which the action is brought; and (iii) a name purporting to be that of the publisher appears on the first published copies of the work; and ( d ) the name is — (i) a person’s true name; or (ii) a name by which a person is commonly known. (2) Copyright is presumed to subsist in the work. (3) The person is presumed to be the owner of the copyright in the work when the work is first published.


document_id: ca-2021
provision_ref: s168
chapter: PART 3 - COPYRIGHT IN WORKS
section: 168
title: Presumptions where author is dead
content:
168. —(1) This section applies if it is proved that the author of an authorial work is dead. (2) The work is presumed to be original. (3) If the claimant alleges that a specified publication is the first publication of the work and that the first publication took place in a specified country and on a specified date — ( a ) the specified publication is presumed to be the first publication of the work; and ( b ) the first publication of the work is presumed to have taken place in the specified country and on the specified date.


document_id: ca-2021
provision_ref: s169
chapter: PART 3 - COPYRIGHT IN WORKS
section: 169
title: Presumptions as to anonymous or pseudonymous authorial work
content:
169. —(1) This section applies if — ( a ) an authorial work is published; ( b ) the publication is anonymous or is alleged by the claimant to be pseudonymous; and ( c ) it is not proved that the work has an identified author. (2) The work is presumed to be original. (3) If the claimant alleges that a specified publication is the first publication of the work and that the first publication took place in a specified country and on a specified date — ( a ) the specified publication is presumed to be the first publication of the work; and ( b ) the first publication of the work is presumed to have taken place in the specified country and on the specified date.


document_id: ca-2021
provision_ref: s170
chapter: PART 3 - COPYRIGHT IN WORKS
section: 170
title: Presumptions relating to label or mark on copies of sound recording
content:
170. —(1) This section applies if — ( a ) copies of a sound recording are supplied to the public; and ( b ) those copies bear a label or other mark stating that — (i) a specified person owns the copyright in the recording; (ii) the recording is first published in a specified year; or (iii) the recording is first published in a specified country. (2) It is respectively presumed that — ( a ) the specified person owns the copyright in the recording; ( b ) the recording is first published in the specified year; and ( c ) the recording is first published in the specified country.


document_id: ca-2021
provision_ref: s171
chapter: PART 3 - COPYRIGHT IN WORKS
section: 171
title: Presumptions as to maker of film
content:
171. —(1) This section applies if — ( a ) copies of a film are made available to the public; ( b ) the name of a person appears on those copies in a way that implies that the person made the film; and ( c ) in the case of an individual — the name is — (i) the person’s true name; or (ii) the name by which the person is commonly known. (2) The person is presumed — ( a ) to have made the film; and ( b ) to have made the film in circumstances to which section 135 (works made under commission) does not apply.


document_id: ca-2021
provision_ref: s172
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 172
title: Interpretation of this Part
content:
172. In this Part — “direct”, in relation to recording a performance, means recording the live performance; “indirect”, in relation to recording a performance, means recording from a communication of the performance.


document_id: ca-2021
provision_ref: s173
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 173
title: Protection of performances
content:
173. A performance is protected if it is — ( a ) a qualifying performance; and ( b ) given live — (i) in Singapore; or (ii) by a qualified individual.


document_id: ca-2021
provision_ref: s174
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 174
title: Duration of protection
content:
174. A performance is protected for the period — ( a ) starting on the day the performance is given; and ( b ) ending 70 years after the end of the year in which the performance is given.


document_id: ca-2021
provision_ref: s175
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 175
title: Infringing use — general
content:
175. Subject to Part 5 (permitted uses), a person makes an infringing use of a protected performance if — ( a ) the person does any of the following acts: (i) while the performance is live — (A) directly or indirectly records the performance in any manner or medium; (B) communicates the performance to the public; or (C) causes the performance to be seen or heard (or both) in public; (ii) makes a copy of a recording of the performance; (iii) publishes a recording of the performance, but only if no recording of the performance has been published; (iv) makes a recording of the performance available to the public (on a network or otherwise) in a way that the recording may be accessed by any person on demand; and ( b ) the act is done — (i) when the performance is protected; (ii) in Singapore; and (iii) without the rights owner’s authority.


document_id: ca-2021
provision_ref: s176
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 176
title: Infringing use — commercial dealing in unauthorised recordings, etc.
content:
176. Subject to Part 5 (permitted uses), a person makes an infringing use of a protected performance if — ( a ) the person does any of the following acts: (i) deals commercially in a recording of the performance; (ii) imports a recording of the performance for the purpose of commercially dealing; ( b ) the act is done — (i) when the performance is protected; (ii) in Singapore; and (iii) without the rights owner’s authority; and ( c ) the person knows or ought reasonably to know that the recording — (i) is made without the rights owner’s authority; and (ii) either — (A) is made on or after 21 November 2021 in circumstances that constitute an infringing use of the performance under section 175; or (B) was made before 21 November 2021 in circumstances that constitute an unauthorised use of the performance under the 1987 Act.


document_id: ca-2021
provision_ref: s177
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 177
title: Action for infringing use of protected performance
content:
177. A performer of a protected performance may bring an action in the Court against any person who makes an infringing use of the performance.


document_id: ca-2021
provision_ref: s178
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 178
title: Limitation of action
content:
178. An action under section 177 for an infringing use of a performance may not be brought more than 6 years after the infringing use takes place.


document_id: ca-2021
provision_ref: s180
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 180
title: Assignment of right to bring action
content:
180. —(1) The right to bring an action under section 177 may be assigned. (2) For the purposes of subsection (1), an assignment is valid only if it is — ( a ) made in writing; and ( b ) signed by or on behalf of the assignor. (3) Subsection (2)( b ) does not apply to an assignment made before 21 November 2021.


document_id: ca-2021
provision_ref: s181
chapter: PART 4 - PROTECTION OF PERFORMANCES
section: 181
title: Presumptions relating to identity of performers
content:
181. —(1) This section applies to an action under section 177. (2) Unless the contrary is proved, a person is presumed to be the performer of a performance if — ( a ) the person’s true name, or a name by which the person is commonly known, appears on a recording of the performance in a way that implies that the person gave the performance; and ( b ) the recording is made available to the public. (3) Unless the contrary is proved, a group of persons is presumed to have performed in a performance if — ( a ) the group’s true name, or a name by which the group is commonly known, appears on a recording of the performance in a way that implies that the group gave the performance; and ( b ) the recording is made available to the public.


