# legal_provisions

document_id: fja-2014
provision_ref: s13
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 13
title: Designation of judges of Family Courts
content:
13. —(1) A Family Court is presided over by a District Judge, or a Magistrate, who is designated by the Chief Justice as a judge of the Family Court. (2) A person is designated as a judge of the Family Court for such period as the Chief Justice may determine. (3) Any person designated as a judge of the Family Court must, although the period of his or her designation as such has expired or his or her designation as such has been revoked, in relation to any case heard by him or her as a judge of a Family Court, continue to sit as such a judge for the purpose of giving judgment or otherwise.


document_id: fja-2014
provision_ref: s14
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 14
title: Designation of judges of Youth Courts
content:
14. —(1) A Youth Court is presided over by a District Judge, or a Magistrate, who is designated by the Chief Justice as a judge of the Youth Court. (2) A person is designated as a judge of the Youth Court for such period as the Chief Justice may determine. (3) Any person designated as a judge of the Youth Court must, although the period of his or her designation as such has expired or his or her designation as such has been revoked, in relation to any case heard by him or her as a judge of a Youth Court, continue to sit as such a judge for the purpose of giving judgment or otherwise.


document_id: fja-2014
provision_ref: s15
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 15
title: Appointments and qualifications of registrar, deputy registrar and assistant registrars
content:
15. —(1) The President may, on the recommendation of the Chief Justice, appoint a registrar, a deputy registrar and assistant registrars of the Family Justice Courts. (2) A person must not be appointed to be or to act as the registrar, the deputy registrar or an assistant registrar unless he or she is a qualified person as defined in section 2 of the Legal Profession Act 1966. (3) The registrar, deputy registrar and assistant registrars are ex officio commissioners for oaths.


document_id: fja-2014
provision_ref: s16
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 16
title: Jurisdiction, powers and duties of registrar, deputy registrar and assistant registrars
content:
16. —(1) The registrar, deputy registrar and assistant registrars of the Family Justice Courts have, subject to this Act and any other written law, such jurisdiction, powers and duties as may be prescribed by the Family Justice Rules or, prior to their enactment, the Rules of Court. (2) Subject to this Act and any other written law, all powers and duties conferred and imposed on the registrar, whether by this Act or any other written law, may be exercised and performed by the deputy registrar or any assistant registrar.


document_id: fja-2014
provision_ref: s17
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 17
title: Officers of Family Justice Courts
content:
17. There are to be attached to the Family Justice Courts such commissioners for oaths, interpreters, clerks, bailiffs, process servers, counsellors, social workers, psychologists and other officers as, from time to time, may appear to the Chief Justice to be necessary for the administration of justice and the due execution of all powers and duties which are vested in the Family Justice Courts.


document_id: fja-2014
provision_ref: s18
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 18
title: Powers and duties of certain officers of Family Justice Courts
content:
18. —(1) The bailiffs and process servers must — ( a ) execute all writs, summonses, warrants, orders, notices and other processes of the Family Justice Courts given to them; and ( b ) make a return of the same together with the manner of the execution thereof to the court from which the process issued. (2) The bailiffs in executing any enforcement order for seizure and sale of property, any other enforcement order or any writ of distress may effect an entry into any building, and for that purpose (if necessary) may break open any outer or inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to effect an entry. [Act 25 of 2021 wef 15/10/2024] (3) The bailiffs must arrest and receive all such persons and property as are committed to the custody of the Family Justice Courts. (4) The Registrar may engage any auxiliary police officer appointed under the Police Force Act 2004 * , any security agency, a provider of transport and of warehousing, a valuer, an estate agent, a broker, a solicitor or any other appropriate person to assist the bailiff in the discharge of the bailiff’s duties. [Act 25 of 2021 wef 01/04/2022] [*Updated to be consistent with the 2020 Revised Edition]


document_id: fja-2014
provision_ref: s19
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 19
title: Solicitor, etc., authorised to act as bailiff
content:
19. —(1) Subject to such directions as may be given by the Presiding Judge of the Family Justice Courts, the Registrar may authorise a solicitor or a person employed by a solicitor to exercise the powers and perform the duties of a bailiff during such period or on such occasion as the Registrar thinks fit and subject to such terms and conditions as the Registrar may determine. (2) Section 45(2) applies to a solicitor or person authorised under subsection (1) as it applies to an officer of the Family Justice Courts.


document_id: fja-2014
provision_ref: s20
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 20
title: Oaths of officers
content:
20. —(1) The registrar, deputy registrar and assistant registrars of the Family Justice Courts and such other officers of the Family Justice Courts as may be required by the Chief Justice must, before exercising the functions of their respective offices, take and subscribe the appropriate oath of office set out in the First Schedule. [16/2016] (2) The oath mentioned in subsection (1) may be taken and subscribed before the Presiding Judge of the Family Justice Courts or a Supreme Court Judge or a Judicial Commissioner. [40/2019] (2A) To avoid doubt, where an oath of office is required to be taken and subscribed under subsection (1), a person may take and subscribe the oath by appearing before the Presiding Judge of the Family Justice Courts, a Supreme Court Judge or a Judicial Commissioner through a live video link or live television link created using a remote communication technology that allows the Presiding Judge of the Family Justice Courts, Supreme Court Judge or Judicial Commissioner (as the case may be) to — ( a ) maintain visual contact and communicate with the person taking the oath, and any interpreter present, throughout the process; ( b ) confirm the identity of the person taking the oath and any interpreter present; and ( c ) verify by inspection the oath to be subscribed. [Act 25 of 2023 wef 01/12/2023] (3) Where the oath is taken before the Presiding Judge of the Family Justice Courts, he or she must — ( a ) enter in the record of the Family Justice Courts that the oath was duly administered and taken before him or her; and ( b ) transmit a certified copy of the entry to the Registrar of the Supreme Court.


document_id: fja-2014
provision_ref: s22
chapter: PART 4 - JURISDICTION
section: 22
title: Original civil jurisdiction of General Division of High Court exercisable through Family Division
content:
22. —(1) The part of the civil jurisdiction of the General Division of the High Court which is exercised through the Family Division consists of — ( a ) the jurisdiction conferred on the General Division of the High Court by sections 17(1)( a ), ( d ), ( e ) and ( f ) and 17A of the Supreme Court of Judicature Act 1969; and ( b ) such other jurisdiction relating to family proceedings as is vested in or conferred on the General Division of the High Court by any written law. [40/2019] (2) To avoid doubt, the Family Division of the High Court has, when exercising any jurisdiction mentioned in subsection (1)( a ) or ( b ), all the powers of the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2019]


document_id: fja-2014
provision_ref: s23
chapter: PART 4 - JURISDICTION
section: 23
title: Appellate civil jurisdiction of General Division of High Court exercisable through Family Division
content:
23. —(1) The part of the appellate civil jurisdiction of the General Division of the High Court which is exercised through the Family Division consists of — ( a ) the hearing of appeals from Family Courts when exercising jurisdiction of a quasi‑criminal or civil nature; and ( b ) the hearing of appeals and special cases from the Tribunal for the Maintenance of Parents. [40/2019] (2) Subject to subsection (2A), an appeal lies to the General Division of the High Court from any decision of a Family Court exercising jurisdiction of a quasi‑criminal or civil nature. [16/2016; 40/2019] (2A) An appeal lies to the General Division of the High Court from a decision of a Family Court only with the permission of that Family Court or the General Division of the High Court in any case specified in the Second Schedule subject to any exception specified in that Schedule. [40/2019] [Act 25 of 2021 wef 15/10/2024] (2B) An appeal shall lie to the General Division of the High Court from a decision of a Family Court in proceedings under Part 3 of the Protection from Harassment Act 2014*, only with permission of that Family Court or the General Division of the High Court. [Act 17 of 2019 wef 15/10/2024] [Act 40 of 2019 wef 15/10/2024] [Act 25 of 2021 wef 15/10/2024] [*Updated to be consistent with the 2020 Revised Edition] (2C) An order of the General Division of the High Court giving or refusing permission under subsection (2A) or (2B) is final. [Act 18 of 2023 wef 31/01/2024] (3) An appeal to the General Division of the High Court from a decision of a Family Court — ( a ) may be heard before one Judge or 3 Judges; and ( b ) if heard before 3 Judges, must be decided in accordance with the opinion of the majority of the Judges composing the General Division of the High Court. [40/2019] (4) No Judge is to sit in the General Division of the High Court on the hearing of, or determine any application in proceedings incidental or preliminary to — ( a ) an appeal from a judgment or an order made by him or her as the Presiding Judge of the Family Justice Courts; or ( b ) any proceedings relating to any judgment, order or direction made by him or her as the Presiding Judge of the Family Justice Courts. [40/2019]


document_id: fja-2014
provision_ref: s24
chapter: PART 4 - JURISDICTION
section: 24
title:
Appellate criminal jurisdiction of General Division of High Court exercisable through Family Division

content:
24. —(1) The part of the appellate criminal jurisdiction of the General Division of the High Court which is exercised through the Family Division consists of — ( a ) the hearing of appeals from Family Courts when exercising criminal jurisdiction; and ( b ) the hearing of appeals from Youth Courts. [40/2019] (2) An appeal lies to the General Division of the High Court from any decision of a Family Court exercising criminal jurisdiction or any decision of a Youth Court. [40/2019] (3) An appeal to the General Division of the High Court from a decision of a Family Court or Youth Court — ( a ) may be heard before one Judge or 3 Judges according to the provisions of the law for the time being in force relating to criminal procedure; and ( b ) if heard before 3 Judges, must be decided in accordance with the opinion of the majority of the Judges composing the General Division of the High Court. [40/2019] (4) No Judge is to sit in the General Division of the High Court on the hearing of, or determine any application in proceedings incidental or preliminary to — ( a ) an appeal against a conviction before him or her, or a sentence passed by him or her, as the Presiding Judge of the Family Justice Courts; ( b ) any application made under section 400 of the Criminal Procedure Code 2010 in relation to any judgment or order made, or sentence passed, by him or her as the Presiding Judge of the Family Justice Courts; or ( c ) any proceedings relating to any judgment, order or direction made by him or her as the Presiding Judge of the Family Justice Courts. [40/2019]


document_id: fja-2014
provision_ref: s25
chapter: PART 4 - JURISDICTION
section: 25
title: Family Division may exercise entire jurisdiction of General Division of High Court
content:
25. To avoid doubt, the Family Division of the High Court may exercise the entire original and appellate civil and criminal jurisdiction of the General Division of the High Court under the Supreme Court of Judicature Act 1969 and under any other written law. [40/2019] Division 2 &#x2014; Jurisdiction of Family Courts


document_id: fja-2014
provision_ref: s26
chapter: PART 4 - JURISDICTION
section: 26
title: Jurisdiction of Family Courts
content:
26. —(1) A Family Court is a court of record. (2) Subject to subsections (4), (5) and (6), a Family Court has — ( a ) all the civil jurisdiction of the General Division of the High Court mentioned in section 22(1)( a ) and ( b ); ( b ) when exercising any jurisdiction mentioned in section 22(1)( a ) or ( b ), all the powers of the General Division of the High Court in the exercise of the original civil jurisdiction of the General Division of the High Court; and ( c ) such other jurisdiction relating to family proceedings as is conferred on a Family Court by any written law. [40/2019] (3) Without limiting subsection (2), the jurisdiction of a Family Court to hear and try any civil proceedings which come within the jurisdiction of the Syariah Court constituted under the Administration of Muslim Law Act 1966 is the same as that of the General Division of the High Court, as if section 17A of the Supreme Court of Judicature Act 1969 applies to a Family Court with the modification that any reference in that section to the General Division of the High Court is a reference to a Family Court. [40/2019] (3A) Where an application may be made to either a Family Court or the Family Division of the High Court, the application must be made in the first instance to a Family Court. [Act 18 of 2023 wef 15/10/2024] (4) Despite subsections (2), (3) and (3A), the Chief Justice may by order in the Gazette direct that any class or description of family proceedings specified in the order are to be heard and determined by the Family Division of the High Court. [16/2016] (5) Subject to section 28A of the Supreme Court of Judicature Act 1969 and any order made under subsection (1) of that section, the jurisdiction of a Family Court under subsection (2) does not include — ( a ) any supervisory jurisdiction or revisionary jurisdiction; ( b ) any jurisdiction relating to the judicial review of any act done or decision made by any person or authority, including the issue of any of the following prerogative orders: (i) a Mandatory Order; (ii) a Prohibiting Order; (iii) a Quashing Order; (iv) an Order for Review of Detention; ( c ) any jurisdiction vested exclusively in the General Division of the High Court, in a Youth Court, in any State Court, or in any judicial, quasi‑judicial or administrative tribunal, by written law; and ( d ) any jurisdiction expressly excluded by written law. [40/2019] (6) A Family Court has jurisdiction to grant relief by way of interpleader, and to order the sale of any property subject to interpleader proceedings, only in either of the following circumstances: ( a ) where a bailiff of the Family Justice Courts is charged with the execution of any process or enforcement order of a Family Justice Court, and claim is made to any money or other movable property taken or intended to be taken in execution of the process or under or pursuant to the enforcement order, or to the proceeds or value of any such property, by any person other than the person against whom the process is issued; [Act 25 of 2021 wef 15/10/2024] ( b ) where the person seeking relief — (i) is a party to any proceedings before a Family Justice Court; and (ii) is under liability for any debt, money or other movable property for or in respect of which the person has been or expects to be sued by 2 or more parties making adverse claims thereto. (6A) The Family Court has the jurisdiction and powers of a District Court to hear civil proceedings in relation to any claim or order under the Protection from Harassment Act 2014*, except any claim under section 11 of that Act. [Act 17 of 2019 wef 15/10/2024] [*Updated to be consistent with the 2020 Revised Edition] (6B) Where any written law specifies that any provisions of the Criminal Procedure Code 2010 apply to any family proceedings, those provisions apply to the family proceedings in the Family Court with any modifications that may be prescribed by the Family Justice Rules. [Act 18 of 2023 wef 15/10/2024] (7) The criminal jurisdiction of a Family Court is the same as that of a District Court under section 50 of the State Courts Act 1970 and section 8 of the Criminal Procedure Code 2010. (8) When a Family Court exercises criminal jurisdiction in any proceedings — ( a ) the Family Court has all the powers of a District Court exercising criminal jurisdiction; and ( b ) the provisions of the Criminal Procedure Code 2010 apply to those proceedings in the Family Court, with any modifications that may be prescribed by the Family Justice Rules. [Act 18 of 2023 wef 15/10/2024] (9) Subject to any other written law, a Family Court may, either on its own motion or on the application of any person, order any party to any proceedings in a Family Court, or any child involved in or whose custody or welfare is involved in the proceedings — ( a ) to undergo any mediation or other alternative dispute resolution process or counselling, or to participate in any family support programme or activity, as directed by the Family Court; or ( b ) to attend any professional clinical or therapeutic intervention sessions as directed by the Family Court. [Act 18 of 2023 wef 31/01/2024] (10) Where a Family Court orders any party or child to undergo any mediation or other alternative dispute resolution process under subsection (9), the Family Court also has the following powers: ( a ) to conduct the mediation or other alternative dispute resolution process; ( b ) to appoint a judicial officer, an officer of the Family Justice Courts or any other person to conduct the mediation or other alternative dispute resolution process. [Act 18 of 2023 wef 31/01/2024] (11) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any order made under subsection (9) on or after the date of commencement of section 6( e ) of the Family Justice Reform Act 2023 does not constitute a contempt of court. [Act 18 of 2023 wef 31/01/2024] (12) Where a person fails to comply with any order made under subsection (9) on or after the date of commencement of section 6( e ) of the Family Justice Reform Act 2023 in any proceedings, the Family Court may — ( a ) stay the proceedings until the order has been complied with; ( b ) order any person responsible for the non‑compliance to pay the costs of the proceedings; or ( c ) make any other order that the Family Court thinks fit. [Act 18 of 2023 wef 31/01/2024]


document_id: fja-2014
provision_ref: s27
chapter: PART 4 - JURISDICTION
section: 27
title: Assessors to assist Family Court
content:
27. —(1) In any proceedings before a Family Court, the Court may, if it thinks fit on the application of any party, or on its own motion, summon to its assistance, in such manner as may be prescribed by the Family Justice Rules, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the Court and act as assessors. [Act 18 of 2023 wef 15/10/2024] (2) The remuneration of any assessor for sitting under this section is to be — ( a ) fixed by the agreement of all the parties to the dispute and the assessor or, failing such agreement, by the Family Court; and ( b ) treated as costs in the proceedings unless the Family Court orders otherwise. [Act 18 of 2023 wef 15/10/2024] (3) Where any person is proposed to be summoned as an assessor, objection to him or her, either personally or in respect of his or her qualification, may be taken by any party in such manner as may be prescribed by the Family Justice Rules. [Act 18 of 2023 wef 15/10/2024]


document_id: fja-2014
provision_ref: s28
chapter: PART 4 - JURISDICTION
section: 28
title: Examination and assessment of child, etc.
content:
28. —(1) In any proceedings before a Family Court involving the custody or welfare of a child or involving a person, the Court may, on the application of any party to those proceedings or on its own motion, appoint a registered medical practitioner, psychologist, counsellor, social worker or mental health professional to examine and assess the child or person (as the case may be) for the purposes of preparing expert evidence for use in those proceedings. (2) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional who is not appointed by the Family Court under subsection (1) examines or assesses the child or person, no evidence arising out of that examination or assessment is to be adduced in those proceedings without the permission of the Court. [Act 25 of 2021 wef 15/10/2024] (3) A registered medical practitioner, psychologist, counsellor, social worker or mental health professional appointed under subsection (1) may make such enquiries relevant to the examination and assessment of the child or person as may be provided for under the Family Justice Rules or, prior to their enactment, the Rules of Court.


document_id: fja-2014
provision_ref: s29
chapter: PART 4 - JURISDICTION
section: 29
title:
General power to transfer proceedings from Family Court to General Division of High Court, and vice versa

content:
29. —(1) The General Division of the High Court or a Family Court may, either on its own motion or on the application of any party, order any proceedings in a Family Court to be transferred to the General Division of the High Court, if it appears to the General Division of the High Court or Family Court (as the case may be) that those proceedings, by reason of involving some important question of law or of being a test case, or for any other sufficient reason, should be tried in the General Division of the High Court. [40/2019] (2) The General Division of the High Court may, if it thinks fit, and either on its own motion or on the application of any party, order any proceedings in the General Division of the High Court to be transferred to a Family Court. [40/2019] (3) An order made by the General Division of the High Court under subsection (1) or (2), or by a Family Court under subsection (1), may be made on such terms as the General Division of the High Court or Family Court (as the case may be) sees fit. [40/2019]


document_id: fja-2014
provision_ref: s29A
chapter: PART 4 - JURISDICTION
section: 29A
title: Oral hearing not needed generally
content:
29A. —(1) Subject to subsection (2), a Family Court may decide any matter in its civil or quasi-criminal jurisdiction without hearing oral arguments, other than a matter prescribed by the Family Justice Rules. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an action) to be conducted without an oral hearing, unless all the parties consent. (3) Subject to subsection (4), a Family Court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communications as directed by the court. (4) A Family Court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of a Family Court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022]


document_id: fja-2014
provision_ref: s29B
chapter: PART 4 - JURISDICTION
section: 29B
title: Summary dismissal of certain matters
content:
29B. —(1) A District Judge sitting in a Family Court may, on his or her own motion, summarily dismiss any appeal made against a decision of the Registrar relating to civil or quasi-criminal proceedings, if the District Judge is satisfied of any of the following: ( a ) every issue in the appeal has already been decided by a Family Court or a higher court in an earlier matter in which the appellant was involved, and the appeal therefore has no merit; ( b ) such conditions as may be prescribed by the Family Justice Rules are met. (2) Before summarily dismissing any appeal under subsection (1), a District Judge sitting in a Family Court must — ( a ) give the appellant a reasonable opportunity to show cause why the appeal should not be summarily dismissed; and ( b ) consider any representations of the appellant. (3) In this section, “appeal” includes part of an appeal. [Act 25 of 2021 wef 01/04/2022]


document_id: fja-2014
provision_ref: s29C
chapter: PART 4 - JURISDICTION
section: 29C
title: Satisfaction of judgments and orders for payment of money
content:
29C. —(1) Where a judgment or an order is made, by a Family Court in any family proceedings, under which any sum of money is payable (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), the Family Court may, as it thinks fit, order the money to be paid either — ( a ) in a lump sum, whether immediately or within a period fixed by the Family Court; or ( b ) by instalments payable at the times fixed by the Family Court. (2) If at any time it appears to the satisfaction of a Family Court that any party to any family proceedings is unable from any cause to pay any sum recovered against the party (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of the sum, the Family Court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings — ( a ) for any time and on any terms that the Family Court thinks fit; and ( b ) from time to time until it appears that the cause of inability has ceased. (3) Where an order for payment by instalments is made, no enforcement (except under any maintenance enforcement proceedings) may issue except with the permission of the Family Court. (4) This section does not apply to — ( a ) any sum payable (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) under any judgment or order made by a Family Court before the date of commencement of section 8 of the Family Justice Reform Act 2023; ( b ) any monthly or periodical sum ordered to be paid under a maintenance order; or ( c ) any maintenance ordered to be paid in maintenance enforcement proceedings. (5) In subsection (4) — “maintenance enforcement proceedings” means the proceedings in court arising from any application under the Women’s Charter 1961 to enforce any payment or payments required to be made under a maintenance order, including any appeal against any decision made by the court on the application; “maintenance order” means — ( a ) an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; ( b ) an order for the payment of money in respect of the maintenance of an infant made under the Guardianship of Infants Act 1934; ( c ) an order for maintenance made under the Maintenance of Parents Act 1995; ( d ) a maintenance order, as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975, which is registered or confirmed by the court under that Act; ( e ) an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child, made or deemed to be made by a court under Part 8 of the Women’s Charter 1961; or ( f ) an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10 of the Women’s Charter 1961. [Act 18 of 2023 wef 15/10/2024] Division 3 &#x2014; Jurisdiction of Registrar


document_id: fja-2014
provision_ref: s30
chapter: PART 4 - JURISDICTION
section: 30
title: Jurisdiction of Registrar
content:
30. Any jurisdiction and powers conferred on the Family Division of the High Court or a Family Court by this Act or any other written law may be exercised, to the extent authorised by this Act, the Family Justice Rules or any other written law, by a Registrar.


document_id: fja-2014
provision_ref: s31
chapter: PART 4 - JURISDICTION
section: 31
title: Execution of deed, signing of document or indorsement of negotiable instrument
content:
31. —(1) If any judgment or order of the Family Division of the High Court or a Family Court is for the execution of a deed, the signing of a document or the indorsement of a negotiable instrument, and the party ordered to execute the deed, sign the document or indorse the instrument is absent, or neglects or refuses to do so — ( a ) any party interested in having the deed executed, the document signed or the instrument indorsed may prepare a deed, a document or an indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to a Registrar for execution upon the proper stamp, if any is required by law; and ( b ) the signature of the Registrar on the deed, document or indorsement, by order of the Family Division of the High Court or the Family Court (as the case may be), has the same effect as the execution of the deed, signing of the document or indorsement of the instrument by the party ordered to execute the deed, sign the document or indorse the instrument. (2) Nothing in this section is to be held to abridge the powers of the Family Division of the High Court or a Family Court to proceed by attachment against any person neglecting or refusing to execute, sign or indorse any such deed, document or instrument. Division 4 &#x2014; Appeals from Family Court


document_id: fja-2014
provision_ref: s32
chapter: PART 4 - JURISDICTION
section: 32
title:
General provision relating to appeals from Family Court exercising quasi-criminal or civil jurisdiction

content:
32. Subject to section 23, the Family Justice Rules or, prior to their enactment, the Rules of Court regulate and prescribe the procedure on appeals from a Family Court exercising jurisdiction of a quasi‑criminal or civil nature to the General Division of the High Court. [40/2019]


document_id: fja-2014
provision_ref: s33
chapter: PART 4 - JURISDICTION
section: 33
title: Agreement not to appeal from Family Court exercising civil jurisdiction
content:
33. —(1) An appeal cannot be brought against a decision of the Family Court exercising civil jurisdiction, where the parties have agreed in writing signed by or on behalf of each party that the decision is final, unless the party seeking to appeal proves that — ( a ) the decision is affected by fraud or illegality; or ( b ) there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision. (2) An agreement mentioned in subsection (1) — ( a ) may be made before or after the decision to which the agreement relates is made; and ( b ) may relate to part of a decision, in which case references in subsection (1) to a decision are to be read as references to that part of the decision. [Act 25 of 2021 wef 01/04/2022]


document_id: fja-2014
provision_ref: s34
chapter: PART 4 - JURISDICTION
section: 34
title:
Appeal from Family Court exercising civil or quasi‑criminal jurisdiction not to operate as stay of execution or enforcement

content:
34. —(1) An appeal from a Family Court exercising civil or quasi‑criminal jurisdiction does not operate as a stay of execution or enforcement or of proceedings under the judgment or order appealed from, unless the Family Court or the General Division of the High Court so orders. [40/2019] [Act 18 of 2023 wef 31/01/2024] (2) No intermediate act or proceeding is invalidated except so far as the General Division of the High Court may direct. [40/2019] [Act 18 of 2023 wef 31/01/2024] Division 5 &#x2014; Jurisdiction of Youth Courts


document_id: fja-2014
provision_ref: s35
chapter: PART 4 - JURISDICTION
section: 35
title: Jurisdiction of Youth Courts
content:
35. —(1) A Youth Court has the jurisdiction and powers conferred on it by the Children and Young Persons Act 1993. (1A) Where any written law specifies that any provisions of the Criminal Procedure Code 2010 apply to any proceedings under the Children and Young Persons Act 1993, those provisions apply to those proceedings, with any modifications that may be prescribed by the Family Justice Rules. [Act 18 of 2023 wef 15/10/2024] (2) When a Youth Court exercises criminal jurisdiction in any proceedings — ( a ) the Youth Court has all the powers of a District Court exercising criminal jurisdiction; and ( b ) subject to the Children and Young Persons Act 1993, the provisions of the Criminal Procedure Code 2010 (except section 240(6) of that Code) apply to the Youth Court and those proceedings with any modifications that may be prescribed by the Family Justice Rules. [Act 18 of 2023 wef 15/10/2024] (3) Subject to any other written law, a Youth Court may, either on its own motion or on the application of any person, order any party to any proceedings in a Youth Court to undergo such mediation or other alternative dispute resolution process or counselling, or to participate in such family support programme or activity, as the Youth Court may direct. [Act 18 of 2023 wef 31/01/2024] (4) Where a Youth Court orders any party to undergo any mediation or other alternative dispute resolution process under subsection (3), the Youth Court also has the following powers: ( a ) to conduct the mediation or other alternative dispute resolution process; ( b ) to appoint a judicial officer, an officer of the Family Justice Courts or any other person to conduct the mediation or other alternative dispute resolution process. [Act 18 of 2023 wef 31/01/2024] (5) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any order made under subsection (3) on or after the date of commencement of section 10( e ) of the Family Justice Reform Act 2023 does not constitute a contempt of court. [Act 18 of 2023 wef 31/01/2024] (6) Where a person fails to comply with any order made under subsection (3) on or after the date of commencement of section 10( e ) of the Family Justice Reform Act 2023 in any proceedings, the Youth Court may — ( a ) stay the proceedings until the order has been complied with; ( b ) order any person responsible for the non‑compliance to pay the costs of the proceedings; or ( c ) make any other order that the Youth Court thinks fit. [Act 18 of 2023 wef 31/01/2024]


document_id: fja-2014
provision_ref: s35A
chapter: PART 4 - JURISDICTION
section: 35A
title: Oral hearing not needed generally
content:
35A. —(1) Subject to subsection (2), a Youth Court may decide any matter in its jurisdiction without hearing oral arguments, other than a matter prescribed by the Criminal Procedure Rules or the Family Justice Rules. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an offence) to be conducted without an oral hearing. (3) Subject to subsection (4), a Youth Court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties, using such means of communication as directed by the court. (4) A Youth Court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of a Youth Court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022]


document_id: fja-2014
provision_ref: s36
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 36
title: Registry of Family Justice Courts
content:
36. —(1) There shall be an office of the Family Justice Courts called the Registry of the Family Justice Courts, comprising such departments as the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, may from time to time determine. (2) The Registry is under the control and supervision of the registrar of the Family Justice Courts. (3) The Registry is open on every day of the year except on Saturdays, Sundays and public holidays. (4) Despite subsection (3), a Registrar may lawfully sit or carry out the business of the Registry on a Saturday, Sunday or public holiday if — ( a ) the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, has directed the Registrar to do so on that day; or ( b ) in the Registrar’s opinion, the business to be despatched is extremely urgent. (5) The office hours of the Registry are such times as the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice, may from time to time direct.


document_id: fja-2014
provision_ref: s37
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 37
title: Distribution of business
content:
37. The distribution of business in the Family Justice Courts must be made in accordance with such directions, which may be of a general or a particular nature, as may be given, with the concurrence of the Chief Justice, by the Presiding Judge of the Family Justice Courts.


document_id: fja-2014
provision_ref: s38
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 38
title: Vacations for Family Courts
content:
38. The Chief Justice may authorise vacations for Family Courts not exceeding 15 days in any calendar year.


document_id: fja-2014
provision_ref: s39
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 39
title: List of touts
content:
39. —(1) The registrar of the Family Justice Courts may publish a list of persons proved to his or her satisfaction, by evidence of general repute or otherwise, to act as touts or unauthorised advisers to suitors or other persons, and may alter and amend the list. (2) The registrar of the Family Justice Courts may, by general or special order, exclude from the precincts of the Family Justice Courts any person whose name is included in the list, except when that person is a party to or a witness in any proceedings in a Family Justice Court, when he or she is allowed to remain for such time as is necessary. (3) A person’s name must not be included in the list until he or she has been heard or had an opportunity of being heard against such inclusion. (4) An appeal lies to a Judge of the Family Division of the High Court in chambers from an order made by the registrar of the Family Justice Courts to include a person’s name in the list. (5) The decision of the Judge of the Family Division of the High Court is final. (6) A copy of the list must be kept hung up in the Registry of the Family Justice Courts and must be published in the Gazette . (7) A person whose name appears in the list of touts under section 73 of the Supreme Court of Judicature Act 1969, or the list of touts under section 62 of the State Courts Act 1970, is deemed to be included in the list under this section, and vice versa.


document_id: fja-2014
provision_ref: s40
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 40
title: Impounding documents
content:
40. —(1) A Family Court or Youth Court may order any document produced before it in any proceedings to be impounded. (2) The document which has been impounded must not be delivered out of the custody of the Family Court or Youth Court or inspected except on an order signed by a judicial officer. (3) The Family Court or Youth Court that impounded the document may direct the document to be sent to the Attorney-General, the Commissioner of Stamp Duties or any other officer of the Government. Division 2 &#x2014; Disabilities and protection of officers


document_id: fja-2014
provision_ref: s41
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 41
title: Disqualification of judicial officers
content:
41. —(1) Except with the approval of the Chief Justice, a judicial officer — ( a ) shall not be capable of — (i) accepting or taking any other office of emolument; or (ii) carrying on any business either directly or indirectly; and ( b ) must not accept any fees of office, perquisites, emoluments or advantages, other than his or her salary and allowances. (2) Without limiting subsection (1), a judicial officer may, with the approval of the Chief Justice — ( a ) be appointed to any commission of inquiry, committee of inquiry or other judicial, quasi-judicial or administrative tribunal, or hold any office in any institution or society for charitable purposes or for the advancement or encouragement of art, science, education or other knowledge; and ( b ) receive an allowance or other honorarium in respect of that appointment or office.


document_id: fja-2014
provision_ref: s42
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 42
title: Judicial officers not to act where interested
content:
42. A judicial officer must not, except with the approval of the Chief Justice and with the consent of the parties, investigate, try or commit for trial any proceedings to which he or she is a party or in which he or she is personally interested.


document_id: fja-2014
provision_ref: s43
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 43
title: Officers not to bid at sales under any written law
content:
43. Any officer of the Family Justice Courts having any duty to perform in connection with the sale of any property under any written law must not, directly or indirectly, purchase or bid for the property.


document_id: fja-2014
provision_ref: s44
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 44
title: Misconduct of officers
content:
44. —(1) Without affecting any written law and rules governing the conduct and discipline of public officers, if any officer of the Family Justice Courts is charged — ( a ) with extortion or misconduct while acting under colour of the process of the Family Justice Courts; or ( b ) with not duly paying or accounting for any money levied by him or her under the authority of this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court, it is lawful for a District Judge designated as a judge of the Family Court or judge of the Youth Court, and nominated by the Presiding Judge of the Family Justice Courts, to inquire into the matter in a summary manner. (2) For the purpose of any such inquiry, the District Judge may summon and enforce the attendance of all necessary parties in the like manner as the attendance of witnesses in any case may be enforced. (3) On any such inquiry, the District Judge may make such order as he or she thinks just for the repayment of the money extorted or the due payment of the money levied, and for the payment of damages and costs, and also, if he or she thinks fit, may impose such fine upon the officer, not exceeding $100 for each offence, as appears to the District Judge to be adequate. (4) If it is found by the District Judge that any officer, while employed in carrying out the officer’s duties under this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court or in exercising any of the powers thereof, has wilfully and corruptly exacted or accepted any fee or reward, other than such fees as are for the time being allowed under this Act, the Supreme Court of Judicature Act 1969, the Family Justice Rules or the Rules of Court, that officer shall, in addition to being liable for damages under subsection (3), be incapable of being an officer of the Family Justice Courts. (5) An appeal lies to the Chief Justice from an order made by the District Judge under this section. (6) The decision of the Chief Justice is final.


document_id: fja-2014
provision_ref: s45
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 45
title: Protection of judicial and other officers
content:
45. —(1) A judicial officer shall not be liable to be sued for any act done by him or her in the discharge of his or her judicial duty whether or not within the limits of his or her jurisdiction, provided that he or she at the time in good faith believed himself or herself to have jurisdiction to do or order the act complained of. (2) No officer of the Family Justice Courts charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the court shall be liable to be sued for the execution of or attempting to execute such writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless he or she knowingly acted in excess of the authority conferred upon him or her by such writ, summons, warrant, order, notice or other mandatory process of the court. (3) An officer of the Family Justice Courts is not to be deemed to have acted knowingly in excess of his or her authority merely by reason of the existence of a dispute as to the ownership of any property seized under any enforcement order or writ of distress. [Act 25 of 2021 wef 15/10/2024] (4) No judicial officer, officer of the Family Justice Courts or court‑appointed mediator shall be liable to be sued for an act done by him or her for the purposes of any court proceedings, or any mediation or other alternative dispute resolution process conducted by him or her, in the Family Division of the High Court, a Family Court or a Youth Court, if the act — ( a ) was done in good faith; and ( b ) did not involve any fraud or wilful misconduct on his or her part. (5) A child representative appointed to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child, shall not be liable to be sued for an act done by the child representative for the purposes of those proceedings, or any mediation or other alternative dispute resolution process related to those proceedings, if the act — ( a ) was done in good faith; and ( b ) did not involve any fraud or wilful misconduct on the part of the child representative. [16/2016] (6) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional is appointed by a Family Court to examine and assess a child or person for the purposes of preparing expert evidence for use in any proceedings involving the custody or welfare of that child or involving that person (as the case may be), the registered medical practitioner, psychologist, counsellor, social worker or mental health professional (as the case may be) shall not be liable to be sued for an act done by him or her for the purposes of the examination or assessment, or the preparation of the expert evidence for use in those proceedings, if the act — ( a ) was done in good faith; and ( b ) did not involve any fraud or wilful misconduct on his or her part. [16/2016] (7) A person who provides advice to a Family Justice Court under section 11A of the Guardianship of Infants Act 1934, section 12 of the International Child Abduction Act 2010, section 130 of the Women’s Charter 1961 or any other written law as the Minister may by order in the Gazette prescribe, shall not be liable to be sued for any advice so provided on or after the appointed date (including in the form of a report) or any act done on or after that date by that person for the purposes or in the course of providing the advice (including in the form of a report), if — ( a ) the advice was provided, or the act was done, in good faith; and ( b ) the advice or act did not involve any fraud or wilful misconduct on his or her part. [Act 18 of 2023 wef 31/01/2024] (8) A parenting coordinator appointed by a Family Justice Court to conduct a parenting coordination programme shall not be liable to be sued for any act done on or after the appointed date by the parenting coordinator for the purposes of the parenting coordination programme, if the act — ( a ) was done in good faith; and ( b ) did not involve any fraud or wilful misconduct on his or her part. [Act 18 of 2023 wef 31/01/2024] (9) A person (called a referrer) who, at the request of a Family Justice Court, refers any party to the proceedings or any child involved in or whose custody or welfare is involved in the proceedings for any professional clinical or therapeutic intervention, shall not be liable to be sued for any act done on or after the appointed date by the referrer for the purposes of the referral, if the act — ( a ) was done in good faith; and ( b ) did not involve any fraud or wilful misconduct on the part of the referrer. [Act 18 of 2023 wef 31/01/2024] (10) In this section — “appointed date” means — ( a ) in the case of a person who provides advice to a Family Justice Court under any written law prescribed by order in the Gazette for the purposes of subsection (7) — the date prescribed by that order, being a date not earlier than the date of that order; or ( b ) in any other case — the date of commencement of section 11 of the Family Justice Reform Act 2023; “parenting coordination programme” means a family support programme for the purpose of addressing or resolving any disagreement about any parenting matter between spouses or former spouses, arising from any relationship issue or relationship problem between spouses or former spouses, or between a parent and a child. [Act 18 of 2023 wef 31/01/2024] Division 3 &#x2014; Other matters


document_id: fja-2014
provision_ref: s46
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 46
title: Family Justice Rules
content:
46. —(1) There is a Family Justice Rules Committee consisting of — ( a ) the Chief Justice, who is the Chairperson of the Committee; ( b ) a Supreme Court Judge to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing; ( c ) the Presiding Judge of the Family Justice Courts; ( d ) the registrar of the Family Justice Courts; ( e ) the Director of Legal Aid; and ( f ) 2 practising advocates and solicitors to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing. [40/2019] (2) The Family Justice Rules Committee may make Family Justice Rules regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the Family Division of the High Court, the Family Courts and the Youth Courts in all causes and matters whatsoever in or with respect to which those Courts respectively have for the time being jurisdiction (including the procedure and practice to be followed in the Registry of the Family Justice Courts) and any matters incidental to or relating to any such procedure or practice. (3) Without limiting subsection (2), Family Justice Rules may be made for the following purposes: ( a ) prescribing the manner in which, and the time within which, any application, which under this Act or any other written law is to be made to the Family Division of the High Court, a Family Court or a Youth Court, must be made; ( b ) prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a Judge, or a judge of a Family Court or Youth Court, in court or in chambers, may be transacted or exercised by the Registrar (including provisions for appeals against decisions of the Registrar); ( c ) regulating and prescribing the procedure to be followed on appeals from a Family Court or Youth Court to the General Division of the High Court, and the procedure in connection with the transfer of any proceedings from a Family Court to the General Division of the High Court or from the General Division of the High Court to a Family Court; ( d ) prescribing the scales of allowances, costs and fees to be taken, or paid to any party or witness, in any proceedings in the Family Division of the High Court, a Family Court or a Youth Court, and regulating any matters relating to the costs of proceedings in such Courts; ( e ) enabling proceedings — (i) to be commenced in a Family Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made; (ii) purporting to have been commenced in a Family Court by or against a person to be treated, if he or she was dead at their commencement, as having been commenced by or against (as the case may be) his or her estate whether or not a grant of probate or letters of administration was made before their commencement; and (iii) commenced or treated as commenced in a Family Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against (as the case may be) a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives; ( f ) regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings or on any application in connection with or at any stage of any proceedings; ( g ) regulating the joinder of parties and prescribing in what cases persons absent, but having an interest in a cause or matter, are bound by any order made therein, and in what cause or matter orders may be made for the representation of absent persons by one or more parties to a cause or matter; ( h ) providing for the appointment of a child representative to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child, and for the remuneration of the child representative; ( ha ) prescribing the modes by which the wishes of a child may be determined by the Family Division of the High Court or a Family Court; [Act 18 of 2023 wef 31/01/2024] ( i ) regulating the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the court, except that the rate of interest must not in any case exceed 8% per annum, unless it has been otherwise agreed between the parties; ( j ) prescribing in what cases money due under a judgment or order is to be paid into court; ( k ) providing for the enforcement of any order of the Family Division of the High Court (in the exercise of its original or appellate civil jurisdiction) or of the Family Court; ( l ) regulating the modes in which an enforcement order for seizure and sale of property may be executed, and the manner in which seizure may be made of any property seizable thereunder, and the mode of sale by a bailiff or any other officer of the Family Justice Courts of any property so seized, and the manner in which the right and title of purchasers of the property at any sale by any officer of the Family Justice Courts may be secured to the purchasers; [Act 25 of 2021 wef 15/10/2024] ( m ) regulating the discovery of a judgment debtor’s property in aid of the enforcement of any judgment or order; [Act 25 of 2021 wef 15/10/2024] ( n ) the taking of evidence before an examiner on commission or by letters of request, and prescribing the circumstances in which evidence so taken may be read on the trial of an action; ( o ) prescribing in what cases and on what conditions a court may act upon the certificate of accountants, actuaries or other scientific persons; [Act 25 of 2021 wef 01/04/2022] ( p ) amending, altering or adding to the forms set out in, or in any subsidiary legislation made under, any Act mentioned in the definition of “family proceedings” in section 2(1); [Act 25 of 2021 wef 01/04/2022] ( q ) prescribing anything that is required or permitted under this Act to be prescribed by the Family Justice Rules. [Act 25 of 2021 wef 01/04/2022] [40/2019] (4) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made for that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. (5) At any meeting of the Family Justice Rules Committee, 5 members form a quorum and all questions must be decided by a majority of votes of the members present and voting. (6) No Family Justice Rules may be made without the consent of the Chief Justice. (7) All Family Justice Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette . (8) Prior to the enactment of Family Justice Rules on any matter which may be dealt with under those Rules, the Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court for dealing with that matter.


document_id: fja-2014
provision_ref: s46A
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 46A
title: Amendment of Second Schedule
content:
46A. —(1) The Minister may, after consulting the Chief Justice, by order in the Gazette , amend the Second Schedule. [16/2016] (2) An order under subsection (1) may contain such provisions of a saving or transitional nature as appear to the Minister, after consulting the Chief Justice, to be necessary or expedient. [16/2016]


document_id: fja-2014
provision_ref: s47
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 47
title: Saving and transitional provisions
content:
47. —(1) Despite sections 4, 22, 23 and 24, any family proceedings (not being probate proceedings) commenced in the High Court before 1 October 2014 are, on and after that date, to be continued in and dealt with by the High Court as if those sections had not been enacted. (2) Despite sections 4 and 22, any contentious probate proceedings commenced in the High Court before 1 January 2015 are, on and after that date, to be continued in and dealt with by the High Court as if those sections had not been enacted. (3) Any non-contentious probate proceedings commenced in the High Court before 1 January 2015 are, on and after that date, to be continued in and dealt with by the Family Division of the High Court. (4) Any family proceedings (not being probate proceedings) commenced in a District Court or Magistrate’s Court before 1 October 2014 are, on and after that date, to be continued in and dealt with by a Family Court. (5) Despite amendments made to the Probate and Administration Act 1934 and State Courts Act 1970 on 1 January 2015, any contentious probate proceedings commenced in a District Court before that date are, on and after that date, to be continued in and dealt with by a District Court. (6) The following provisions continue to apply to any contentious probate proceedings commenced in a District Court before 1 January 2015 as if the Probate and Administration Act 1934 and State Courts Act 1970 had not been amended on that date: ( a ) sections 2 (definitions of “court” and “judge”), 31, 34, 36, 39, 40, 43(2), 45, 50(1), 53, 54, 66(1) and (2) and 67(1) and (2) of the Probate and Administration Act 1934 as in force immediately before 1 January 2015; ( b ) sections 2 (definition of “District Court limit”), 26( a ) and 27 of the State Courts Act 1970 as in force immediately before 1 January 2015. (7) Despite sections 4 and 23, any appeal from any contentious probate proceedings commenced in a District Court is, if the appeal is commenced in the High Court before 1 January 2015, to be continued in and dealt with by the High Court, on and after that date, as if those sections had not been enacted. (8) Any non-contentious probate proceedings commenced in a District Court before 1 January 2015 is, on and after that date, to be continued in and dealt with by a Family Court. (9) Any family proceedings transferred to a District Court before 1 October 2014 pursuant to an order made by the Chief Justice under section 28A of the Supreme Court of Judicature Act 1969 is, on and after that date, to be continued in and dealt with by a Family Court. (10) Any proceedings commenced in a Juvenile Court before 1 October 2014 is, on and after that date, to be continued in and dealt with by a Youth Court. (11) [ Omitted as having had effect ] (12) [ Omitted as spent ] (13) In this section, “probate proceedings” means any civil proceedings under the Probate and Administration Act 1934.


document_id: flcmia-1959
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act — “Federal Lands Commissioner” means the Federal Lands Commissioner of Malaysia appointed under the relevant law for the time being in force in Malaysia; “property” includes all estates, interests, easements and rights, whether equitable or legal, in, to or out of property, and things in action.


document_id: flcmia-1959
provision_ref: s3
section: 3
title: Incorporation of Federal Lands Commissioner
content:
3. —(1) The officer for the time being appointed to be the Federal Lands Commissioner, and his successors in office, shall be a body corporate under the name of “the Federal Lands Commissioner” (referred to in this Act as the Corporation). (2) The Corporation may sue and be sued in its name and shall have perpetual succession and a corporate seal, and the seal may from time to time be broken, changed, altered and made anew as to the Corporation seems fit, and, until a seal is provided under this section, a stamp bearing the inscription “the Federal Lands Commissioner” may be used as the corporate seal.


document_id: flcmia-1959
provision_ref: s4
section: 4
title: Powers of Corporation
content:
4. The Corporation may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may convey, assign, surrender and yield up, charge, mortgage, demise, re‑assign, transfer or otherwise dispose of, or deal with, any movable or immovable property vested in the Corporation upon such terms as to the Corporation seem fit.


document_id: flcmia-1959
provision_ref: s5
section: 5
title: Execution of documents
content:
5. —(1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the Federal Lands Commissioner who shall sign every such deed, document or other instrument to which the corporate seal is affixed, and such signing shall be sufficient evidence that the seal was duly and properly affixed and that the seal is the lawful seal of the Corporation. (2) Section 11 of the Registration of Deeds Act 1988 shall not apply to any instrument purporting to be executed under subsection (1).


document_id: flcmia-1959
provision_ref: s6
section: 6
content:
6. A notification in the Malaysia Gazette of the appointment of any person to be the Federal Lands Commissioner shall be conclusive evidence that that person was duly so appointed.


document_id: flcmia-1959
provision_ref: s7
section: 7
title: Vesting of property
content:
7. —(1) All movable and immovable property in Singapore which, immediately before 27 February 1959 was vested in the Chief Secretary, Federation of Malaya, under the provisions of the Chief Secretary, Federation of Malaya (Incorporation) Ordinance (Cap. 294, 1955 Revised Edition), shall, on that date and without any conveyance, assignment or transfer whatever, vest in the Corporation for the like title, estate or interest and on the like tenure as the same was vested or held immediately before that date. (2) The President may, by order, vest in the Corporation any property, movable or immovable, for the time being vested in any officer or person for the purposes of the Government of Malaysia and, upon the coming into operation of any such order, the property to which the order relates shall, without any conveyance, assignment or transfer whatever, vest in the Corporation for the like title, estate or interest and on the like tenure as the same was vested or held immediately before the coming into operation of the order.


document_id: flcmia-1959
provision_ref: s8
section: 8
title: Vesting of rights and liabilities of Chief Secretary
content:
8. All rights, powers and liabilities which were, immediately before 27 February 1959, vested in or imposed on the Chief Secretary, Federation of Malaya, by virtue of the Chief Secretary, Federation of Malaya (Incorporation) Ordinance (Cap. 294, 1955 Revised Edition) or otherwise shall, on that date, be vested in or be imposed on the Corporation.


document_id: flcmia-1959
provision_ref: s9
section: 9
title: Corporation to be a company for purposes of land acquisition
content:
9. For the purposes of the Land Acquisition Act 1966, the Corporation shall be deemed to be a company, and any person duly appointed by the Corporation and authorised by the Minister shall be deemed to be an officer of the company.


document_id: flcmia-1959
provision_ref: s10
section: 10
title: Act deemed a private Act for purposes of Registration of Deeds Act 1988
content:
10. For the purposes of the Registration of Deeds Act 1988, this Act shall be deemed to be a private Act.


document_id: flcmia-1959
provision_ref: s11
section: 11
title: Saving and other rights
content:
11. Nothing in this Act shall affect the rights of the Government or of any bodies politic or corporate or other persons except such as are mentioned in this Act and those claiming by, from or under them.


document_id: flpa-2012
provision_ref: s3
section: 3
title: Application of foreign limitation law
content:
3. —(1) Subject to the following provisions of this Act, where in any action or proceedings in a court in Singapore the law of any other country is required (in accordance with rules of private international law applicable by any such court) to be applied to determine any matter — ( a ) the law of that other country relating to limitation applies in respect of that matter for the purposes of the action or proceedings; and ( b ) the law of Singapore relating to limitation does not so apply. (2) Where a foreign law is required to be considered for the purpose of actionability under a choice of law rule, that foreign law is deemed to apply under subsection (1). (3) For the purposes of any law applicable by virtue of subsection (1)( a ), the law of Singapore determines whether, and the time at which, proceedings have been commenced in respect of any matter. (4) A court in Singapore, in exercising in pursuance of subsection (1)( a ) any discretion conferred by the law of any other country, is so far as practicable to exercise that discretion in the manner in which it is exercised in comparable cases by the courts of that other country. (5) In this section, “law”, in relation to any country, excludes rules of private international law applicable by the courts of that country or, in the case of Singapore, this Act.


document_id: flpa-2012
provision_ref: s4
section: 4
title: Exceptions
content:
4. —(1) In any case in which the application of section 3 would to any extent conflict with public policy, that section does not apply to the extent that its application would so conflict. (2) The application of section 3 in relation to any action or proceedings conflicts with public policy to the extent that its application would cause undue hardship to a person who is, or might be made, a party to the action or proceedings. (3) Where, under a law applicable by virtue of section 3 for the purposes of any action or proceedings, a limitation period is or may be extended or interrupted in respect of the absence of a party to the action or proceedings from any specified jurisdiction or country, so much of that law as provides for the extension or interruption is to be disregarded for those purposes. (4) Subsection (3) does not apply to the extent that its application would conflict with public policy, or would cause undue hardship to a person who is, or might be made, a party to the action or proceedings.


document_id: flpa-2012
provision_ref: s5
section: 5
title: Foreign judgments on limitation points
content:
5. Where a court in any country outside Singapore has determined any matter wholly or partly by reference to the law of that or any other country (including Singapore) relating to limitation, then, for the purposes of the law relating to the effect to be given in Singapore to that determination, that court is, to the extent that it has so determined the matter, deemed to have determined it on its merits.


document_id: flpa-2012
provision_ref: s6
section: 6
title: Meaning of law relating to limitation
content:
6. —(1) References in this Act to the law of any country (including Singapore) relating to limitation are, in relation to any matter, to be construed as references to so much of the relevant law of that country as (in any manner) makes provision with respect to a limitation period applicable to the bringing of proceedings in respect of that matter in the courts of that country and include — ( a ) references to so much of that law as relates to, and to the effect of, the application, extension, reduction or interruption of that period; and ( b ) a reference, where under that law there is no limitation period which is so applicable, to the rule that such proceedings may be brought within an indefinite period. (2) In subsection (1), “relevant law”, in relation to any country, means the procedural and substantive law applicable, apart from any rules of private international law, by the courts of that country.


document_id: flpa-2012
provision_ref: s7
section: 7
title: Application to Government
content:
7. This Act binds the Government and applies in relation to any action or proceedings by or against the Government as it applies in relation to actions and proceedings to which the Government is not a party.


document_id: flpa-2012
provision_ref: s8
section: 8
title: Transitional provision
content:
8. Nothing in this Act — ( a ) affects any action, proceedings or arbitration commenced before 1 June 2012; or ( b ) applies in relation to any matter if the limitation period which, apart from this Act, would have been applied in respect of that matter in Singapore expired before 1 June 2012.


document_id: fmdmo-1954
provision_ref: s1
section: 1
title: Short title
content:
1. This Ordinance may be cited as the Franciscan Missionaries of the Divine Motherhood Ordinance 1954.


document_id: fmdmo-1954
provision_ref: s2
section: 2
title: The Franciscan Missionaries of the Divine Motherhood to be a body corporate
content:
2. —(1) The said Reverend Mother Mary Angela and her successors for the time being in office of the Reverend Mother Superior of the Franciscan Missionaries of the Divine Motherhood in Malaya, duly authorised and appointed as hereinafter provided, shall be a body corporate, hereinafter in this Ordinance called the “Corporation” and shall hereafter for the purposes of this Ordinance have the name of the “Reverend Mother Superior of the Franciscan Missionaries of the Divine Motherhood in Malaya”, and by that name have perpetual succession and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered and made anew as the Corporation thinks fit. (3) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may sell, convey, assign, surrender and yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of any movable and immovable property vested in the Corporation upon such terms as the Corporation shall think fit.


document_id: fmdmo-1954
provision_ref: s3
section: 3
title: Use of corporate seal
content:
3. —(1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the Reverend Mother Superior for the time being or her attorney, duly authorised by power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886 and shall also be signed by the said Reverend Mother Superior for the time being, or her attorney so authorised as aforesaid. (2) Such signing shall be taken as sufficient evidence that the seal was duly and properly affixed and that the same is the lawful seal of the Corporation.


document_id: fmdmo-1954
provision_ref: s4
section: 4
title: Notification of appointment of Reverend Mother Superior
content:
4. A notification in the Gazette of the appointment of any person to exercise the office of Reverend Mother Superior of the Franciscan Missionaries of the Divine Motherhood in Malaya shall be conclusive evidence that such person was duly authorised to exercise the said office.


document_id: fmdmo-1954
provision_ref: s5
section: 5
title: Saving of Government and other rights
content:
5. Nothing in this Ordinance shall affect the right of the Government, all bodies politic and corporate, and all others except such as are mentioned in this Ordinance, and those claiming by, from or under them. [7/97]


document_id: fnecda-1949
provision_ref: s1
section: 1
title: Short title
content:
1. This Act is the Foreign National Emblems (Control of Display) Act 1949. [Act 29 of 2022 wef 01/08/2023]


document_id: fnecda-1949
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — [ Deleted by Act 29 of 2022 wef 01/08/2023 ] “foreign national emblem” means any flag, banner or other emblem being or purporting to be the flag, banner or other emblem of any state, or the flag, banner or other emblem of any political organisation claiming to be a national movement in any state or any likeness or resemblance however reproduced of any national leader or former national leader of any state or the leader or former leader of any such political organisation; [Act 29 of 2022 wef 01/08/2023] “premises” means any land, building, vessel, vehicle or place whatsoever; “school” means any premises or any part of any premises where persons are habitually taught whether in one or more classes; “state” means any state or country, other than Singapore, and includes any dependency, possession or part of any state.


document_id: fnecda-1949
provision_ref: s3
section: 3
title: Display of foreign national emblems in public or at schools prohibited
content:
3. —(1) No person shall display in public or at or within any school any foreign national emblem. [Act 29 of 2022 wef 01/08/2023] (2) For the purposes of this section, an emblem shall be deemed to be displayed in public if it is displayed in any road, street, bridge, passage, footway or place over which the public or any class of the public has a right of way or to which the public has access, whether on payment or otherwise, or if it is displayed in such manner as to be visible from any such road, street, bridge, passage, footway or place by any member of the public using the same or being therein. [Act 29 of 2022 wef 01/08/2023]


document_id: fnecda-1949
provision_ref: s4
section: 4
title: Exceptions
content:
4. Nothing in section 3 shall apply to — ( a ) the display of any foreign national emblem of the state of which he is a national by any of the following persons: (i) any person duly accredited as a diplomatic representative of a foreign power or as a consular representative of a foreign power to Singapore to whom an exequatur or provisional or other authorisation has been granted by the Government; (ii) any person in the service of a Commonwealth Government or the government of any British dependency or possession or of the Republic of Ireland and officially recognised as representing that government in Singapore; (iii) any person upon whom the immunities and privileges referred to in Part 2 or Part 3 of the Second Schedule to the International Organisations (Immunities and Privileges) Act 1948 have been conferred under that Act; or [Act 29 of 2022 wef 01/08/2023] ( b ) the display of any foreign national emblem on any ship or aircraft. [16/2016] [Act 29 of 2022 wef 01/08/2023]


document_id: fnecda-1949
provision_ref: s5
section: 5
title: Exemptions
content:
5. The Minister may, by order published in the Gazette or by a permit in writing, exempt from section 3 the display of any foreign national emblem specified in the order or permit, and that order or permit may regulate the manner of that display and the period during which that display may be permitted. [Act 29 of 2022 wef 01/08/2023]


document_id: fnecda-1949
provision_ref: s6
section: 6
title: Arrest without warrant
content:
6. Any police officer may arrest without warrant any person whom he has reasonable cause to believe has committed or is committing an offence.


document_id: fnecda-1949
provision_ref: s7
section: 7
title: Power of entry and search
content:
7. Any police officer may enter any premises where any foreign national emblem is displayed contrary to the provisions of this Act or of the terms or conditions of any order or permit made or given under section 5 or any school in which he has reasonable cause to believe that an offence is being or has been committed and may search any premises or school so entered or any part thereof and may seize any article found therein which he has reasonable cause to believe to be evidence of the commission of any such offence. [Act 29 of 2022 wef 01/08/2023]


document_id: fnecda-1949
provision_ref: s8
section: 8
title: Offences and penalties
content:
8. —(1) Any person who — ( a ) displays any foreign national emblem contrary to the provisions of this Act or of any condition of any order or permit made or given under section 5; or [Act 29 of 2022 wef 01/08/2023] ( b ) being the owner, tenant, lessee, occupier or person in charge of any premises knowingly permits the display of any foreign national emblem on or from those premises or within any school contrary to the provisions of this Act or of any condition of any order or permit made or given under section 5, [Act 29 of 2022 wef 01/08/2023] shall be guilty of an offence and shall be liable on conviction — (i) in the case of a person other than a body corporate to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both; and (ii) in the case of a body corporate to a fine not exceeding $1,000. (2) No prosecution shall be instituted under this Act without the prior consent in writing of the Public Prosecutor.


document_id: fpa-1966
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “accounting officer” includes every public officer who is charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any public moneys, or who is charged with the duty of disbursing, or who does in fact disburse, any public moneys, and every public officer who is charged with the receipt, custody or disposal of, or the accounting for, public stores or who in fact receives, holds or disposes of public stores; “Consolidated Fund” means the Consolidated Fund constituted by Article 145 of the Constitution; “financial year” means a period of 12 months ending on 31 March in any year; “public moneys” means all revenue, loan, trust and other moneys and all bonds, debentures, and other securities whatsoever raised or received by or on account of Singapore; “public stores” means chattels which are the property of or in the possession of or under the control of Singapore; “statutory expenditure” has the meaning given by Article 148(4) of the Constitution; “Treasury” means the Minister charged with the responsibility for finance and includes any officer under the administrative control or direction of the Minister. [15/2021] (2) Unless expressly provided otherwise in this Act, any word or expression in this Act that is defined in sections 2 and 11 of the Significant Infrastructure Government Loan Act 2021 has the meaning given to the word or expression by those sections. [15/2021]


document_id: fpa-1966
provision_ref: s2A
chapter: PART 1A - ACCOUNTANT-GENERAL
section: 2A
title: Appointment of Accountant-General
content:
2A. —(1) The President may appoint an Accountant‑General in accordance with the advice of the Public Service Commission unless the President, acting in his or her discretion, does not concur with that advice. (2) The remuneration and other terms of service of the Accountant‑General must not be altered to his or her disadvantage during his or her continuance in office.


document_id: fpa-1966
provision_ref: s2B
chapter: PART 1A - ACCOUNTANT-GENERAL
section: 2B
title: Duties of Accountant-General
content:
2B. —(1) The Accountant-General is responsible for the supervision and administration of the Government accounting system, including financial and accounting records and procedures for the receipt, custody, investment, safekeeping and payment of public moneys and the purchase, custody and disposal of public property. (2) The Accountant-General must perform such other duties and exercise such other powers as may be prescribed by or under any written law.


document_id: fpa-1966
provision_ref: s3
chapter: PART 2 - ACCOUNTING OFFICERS
section: 3
title: Duties of accounting officers
content:
3. Every accounting officer shall be subject to the provisions of this Act and any regulations made thereunder and must perform such duties, keep such records and render such accounts as may be prescribed by or under this Act or by instructions issued by the Treasury in matters of financial and accounting procedure not inconsistent therewith.


document_id: fpa-1966
provision_ref: s4
chapter: PART 2 - ACCOUNTING OFFICERS
section: 4
title: Bank accounts
content:
4. No accounting officer shall open any public or official account in respect of public moneys of Singapore in any bank without the authority in writing of the Minister, and no bank shall permit an overdraft on any public or official account in respect of public moneys of Singapore unless the same be authorised by the Minister or under the authority of any written law.


document_id: fpa-1966
provision_ref: s5
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 5
title: Powers of Minister
content:
5. The Minister shall, subject to the provisions of the Constitution and of this Act, have the management of the Consolidated Fund and the supervision, control and direction of all matters relating to the financial affairs of Singapore which are not assigned to any other Minister by any other law.


document_id: fpa-1966
provision_ref: s6
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 6
title: Consolidated Fund accounts
content:
6. There shall be maintained by the Treasury in respect of the Consolidated Fund 2 separate accounts: ( a ) an account to be called the Consolidated Revenue Account in which account shall be kept all moneys in the Fund other than such moneys as are mentioned in paragraph ( b ); ( b ) an account to be called the Consolidated Loan Account in which account shall be kept all moneys received by way of loan upon the public credit of Singapore and that are not to refinance an earlier borrowing under the Significant Infrastructure Government Loan Act 2021. [15/2021]


document_id: fpa-1966
provision_ref: s7
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 7
title: Custody and investment of public moneys
content:
7. —(1) All public moneys shall be kept with such bank or banks as the Minister shall from time to time direct. (2) All such moneys paid into a bank shall be deemed to be the property of Singapore lent by Singapore to the bank. (3) Subject to subsection (4), moneys standing to the credit of Singapore with any bank, or otherwise held by Singapore may be invested by the Minister — ( a ) on deposit in any bank; ( b ) in gold and other bullion; ( c ) in securities of, or guaranteed by, any government or international financial institution; ( d ) in any of the stocks, funds, securities or investments; or ( e ) as otherwise authorised by law, and such investments together with the interest and any other income received therefrom shall form either — ( f ) part of the Consolidated Fund; ( g ) part of any fund created by any law; or ( h ) part of any deposit account constituted under section 8, as the case may be. (4) Moneys referred to in subsection (3) shall not be invested by the Minister in any stock, bond, fund or security issued by the Government of Singapore. (5) Interest and any other income received from the investment of any moneys in accordance with subsection (3) shall be accounted in the Consolidated Revenue Account, except that where it is so provided in any law or under the terms of any trust, or the Minister so directs, the interest and any other income received from the investment of any moneys standing to the credit of any trust account shall be paid to the credit of such trust account. (6) All costs, expenses and charges incurred in relation to making any investment under subsection (3) shall be charged on and paid out of the Consolidated Fund without further authority other than this section. (7) Notwithstanding subsection (3), moneys specified in the Schedule and paid to the credit of any deposit account constituted under section 8 shall be invested by the Minister on deposit in any bank. (8) Interest received from the investment of any moneys in accordance with subsection (7) shall be paid, in such manner and at such rate as the Minister may direct, to the credit of the deposit account to which it relates and any balance of interest not so paid to the credit of any deposit account shall be paid into the Consolidated Revenue Account. (9) The Minister may at any time, by order in the Gazette , add to or vary the Schedule.


document_id: fpa-1966
provision_ref: s7A
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 7A
title: Capital injections to statutory corporations
content:
7A. —(1) Notwithstanding section 7, the Minister may invest by way of capital injection in any statutory corporation out of a capital contribution appropriated by Parliament from the Consolidated Fund by written law. (2) Except as otherwise expressly provided in any written law, the Minister, after consultation with the Minister charged with the responsibility for the statutory corporation concerned, shall determine the terms and conditions under which the capital injection under this section shall be made, and may from time to time vary such terms and conditions. (3) Without prejudice to subsection (2), the Minister may from time to time, on behalf of the Government, subscribe for or otherwise acquire shares or other securities in the statutory corporation in which moneys are invested by way of capital injection under this section. (4) Nothing in this section shall prevent the investment of moneys by the Government in any statutory corporation in accordance with the Development Fund Act 1959 or the Developmental Investment Fund Act 2000. (5) In this section — “capital contribution” includes money provided, or to be provided, to a statutory corporation for — ( a ) the purchase of assets to be held or owned by the statutory corporation; or ( b ) the development of assets held or owned by the statutory corporation; “statutory corporation” means any body corporate established by or under written law to perform or discharge any public function.


document_id: fpa-1966
provision_ref: s8
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 8
title: Deposit accounts
content:
8. —(1) The Minister shall establish such deposit accounts as may be necessary for the proper accounting of moneys received subject to a trust or for the proper accounting of moneys received not being revenues of Singapore. (2) The following moneys shall be paid to the credit of the deposit account to which they relate: ( a ) all moneys deposited with any accounting officer, not being revenues of Singapore; ( b ) all moneys received from the sale to any person or department of any articles purchased or produced, or for work paid for, with moneys standing to the credit of a deposit account; ( c ) all moneys paid by any person for the purpose of any deposit account. (3) Subject to the provisions of any law and the terms of any trust, the Minister shall in respect of any such deposit account or class of deposit accounts specify the persons by whom and the manner in which such account or class of accounts shall be controlled. (4) Subject to the provisions of any law and the terms of any trust, the Minister may direct that any deposit account shall be closed and thereupon, after all liabilities of the account have been met, the account shall be closed accordingly. (5) Subject to the provisions of any law and the terms of any trust, the Minister may direct that any moneys standing to the credit of any deposit account which are not required for the purposes of that account and the balance of moneys standing to the credit of a deposit account closed under subsection (4) shall be paid into the Consolidated Revenue Account.


document_id: fpa-1966
provision_ref: s9
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 9
title: Advance accounts
content:
9. The Minister shall establish such advance accounts as may be necessary for the proper accounting of moneys approved for the purpose of making advances by a Supply or Supplementary Supply law.


document_id: fpa-1966
provision_ref: s10
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 10
title: Government funds
content:
10. There shall be paid into any Government fund created by any law — ( a ) such sums as may from time to time be appropriated by any written law for the purposes of any such fund, either out of the Consolidated Revenue Account or out of the Consolidated Loan Account, as the case may be; ( b ) revenues of Singapore allocated by any written law thereto; ( c ) all repayments of loans made out of any such fund and all interest thereon; ( d ) all moneys received from the sale to any person or department of any articles purchased or produced, or for work paid for, with moneys standing to the credit of any such fund; and ( e ) all moneys paid by any person for the purpose of any such fund.


document_id: fpa-1966
provision_ref: s11
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 11
title: Contingencies Fund
content:
11. —(1) A Contingencies Fund is hereby created consisting of moneys from time to time appropriated thereto from the Consolidated Fund. (2) The Minister may, if he or she is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists and for which funds cannot be provided under section 17(4) and if the President, acting in his or her discretion, concurs with the making of an advance for such need, make advances from the Contingencies Fund to meet that need.


document_id: fpa-1966
provision_ref: s12
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 12
title: Payment of moneys from Consolidated Fund
content:
12. —(1) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by this section. (2) The Minister shall by warrant authorise the issue from the Consolidated Fund of sums to meet the due cost of any service charged upon the Consolidated Fund, and such sums shall be accounted in the Consolidated Revenue Account: Provided that this subsection shall not apply to sums issued from the Consolidated Fund to meet the cost of any service charged upon the Consolidated Fund which — ( a ) is authorised by law to be met from moneys accounted in the Consolidated Loan Account; and ( b ) is withdrawn from the Consolidated Fund in accordance with subsection (4). [Act 3 of 2024 wef 26/02/2024] (3) ( a ) The Minister may by warrant authorise the issue from the Consolidated Fund of sums to meet expenditure — [Act 3 of 2024 wef 26/02/2024] (i) appropriated by a Supply or Supplementary Supply law or any other law or approved by resolution of Parliament in accordance with Article 148A(2) of the Constitution; or (ii) approved by resolution of Parliament in accordance with Article 148B(1) of the Constitution with which the President concurs: Provided that the aggregate of such sums under each head of expenditure shall not exceed the total sum so approved. ( b ) The Minister may by warrant authorise the issue from the Consolidated Fund of sums to meet expenditure — (i) approved by resolution of Parliament in accordance with Article 148B(2) of the Constitution with which the President concurs; or (ii) approved by the Cabinet in accordance with Article 148B(4) of the Constitution. [Act 3 of 2024 wef 26/02/2024] ( c ) Notwithstanding any general or specific authority which may have been given by him or her, it shall be within the discretion of the Minister to limit or suspend any expenditure so authorised. (4) The Minister may by warrant authorise the issue from the Consolidated Fund of sums to be applied for the purposes for which funds shall have been appropriated by or in accordance with the provisions of any written law authorising the raising of a loan and such sums shall be accounted in the Consolidated Loan Account. [Act 3 of 2024 wef 26/02/2024]


document_id: fpa-1966
provision_ref: s13
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 13
title: Payment of moneys from Government funds
content:
13. Unless it is expressly provided to the contrary in any law creating any fund, the Minister may by warrant authorise the issue from any such fund of sums sanctioned for expenditure therefrom by inclusion in estimates laid before Parliament and approved by resolution thereof. [Act 3 of 2024 wef 26/02/2024]


document_id: fpa-1966
provision_ref: s14
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 14
title: Payment of moneys from deposit accounts
content:
14. The Minister or any person specified under section 8(3) in respect of any deposit account or class of deposit accounts may withdraw moneys accounted therein for the purposes of such account.


document_id: fpa-1966
provision_ref: s15
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 15
title: Guarantees and loans
content:
15. —(1) No guarantee involving a financial liability shall be binding upon Singapore unless given with the written authority of the Minister with which the President concurs or in accordance with law. (2) No loan raised by the Government shall be binding upon Singapore unless it is raised in accordance with Article 144 of the Constitution.


document_id: fpa-1966
provision_ref: s16
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 16
title: Refunds, etc., charged on Consolidated Fund
content:
16. Where any law provides for the payment of any refund, rebate or drawback in respect of any money paid into the Consolidated Fund under the authority of any law, and accounted in the Consolidated Revenue Account, the amount of such refund, rebate or drawback shall be charged on the Consolidated Fund.


document_id: fpa-1966
provision_ref: s17
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 17
title: Estimates and transfer
content:
17. —(1) The estimates of expenditure laid before Parliament in accordance with Article 147(1) of the Constitution in respect of any financial year must show subheads under each head of expenditure. (2) There must be laid before Parliament a list showing under each head of expenditure the political appointments and the number and categories of personnel whose salaries are to be met from the allocations of funds for political appointments and permanent staff respectively. (3) No addition or alteration to the list referred to in subsection (2) shall be made unless authorised by the Minister by the issue of a warrant. [Act 3 of 2024 wef 26/02/2024] (4) If the exigencies of the public service render it necessary to alter the proportions assigned to the subheads under a head of expenditure shown in the estimates referred to in subsection (1) or to create a new subhead, the Minister may by warrant authorise the transfer of a further sum out of any surplus arising on any other subhead of the same head, in aid of any subhead which may be deficient, or any new subhead which may be deficient, or any new subhead. [Act 3 of 2024 wef 26/02/2024]


document_id: fpa-1966
provision_ref: s17A
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 17A
title: Transfer of functions between heads of expenditure
content:
17A. —(1) Where, after the passing of a Supply law for a financial year, the responsibility for a service or purpose for which an appropriation is made in that law is transferred from the head of expenditure for which the appropriation was made to another head of expenditure, the Minister may in writing direct that the appropriation shall not lapse but may be issued to, or applied by, that other head, in accordance with the direction, for that service or purpose. (2) Where the Minister gives a direction under subsection (1), he or she must cause a copy of the direction to be laid before Parliament within 30 days after it is given.


document_id: fpa-1966
provision_ref: s18
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 18
title: Yearly statement of accounts
content:
18. —(1) The Minister must for the purpose of section 8 of the Audit Act 1966, as soon as practicable after the end of every financial year, prepare in respect of that year — ( a ) a full and particular account of the Consolidated Revenue Account stating under the heads and subheads of the estimates or supplementary estimates laid before Parliament in accordance with Article 146, 147, 148, 148B or 148C of the Constitution in respect of that year the amounts estimated to be received and spent in that year and the amounts actually received and spent in that year; ( b ) a full and particular statement of receipts and expenditure of moneys accounted in the Consolidated Loan Account; ( c ) a statement of receipts and expenditure of moneys accounted in any deposit account or class of deposit accounts; ( d ) a statement of receipts and expenditure of moneys accounted in any advance account or class of advance accounts; ( e ) a statement of receipts and expenditure of moneys accounted in any Government fund created by any law; ( f ) so far as is practicable, a statement of the assets and liabilities of Singapore at the end of the financial year, the manner in which those assets are invested or held, and the general heads in respect of which those liabilities are outstanding; ( g ) so far as is practicable, a statement of outstanding guarantees and other financial liabilities of Singapore at the end of the financial year; and ( h ) such other statements as the Minister may think fit, and, after the accounts and statements referred to in this section have been audited, present to the President those audited accounts and statements together with another statement stating whether the audited accounts and statements referred to in this section show any drawing on or likelihood of drawing on the reserves of the Government which were not accumulated by the Government during its current term of office as defined in the Constitution. [15/2021] (2) Without limiting subsection (1)( h ), where nationally significant infrastructure expenditure incurred has been met from any proceeds of any loan raised under the Significant Infrastructure Government Loan Act 2021 — ( a ) the nationally significant infrastructure expenditure has to be capitalised in accordance with regulations made under section 24; and ( b ) if there is a decline in the value of any nationally significant infrastructure for reasons other than depreciation before the end of its useful life, a statement must be made stating — (i) that impairment adjustments have been made with respect to the nationally significant infrastructure concerned; and (ii) whether or not there is any resulting draw on the reserves of the Government which were not accumulated by the Government during its current term of office as defined in the Constitution, because of any such impairment adjustment. [15/2021]


document_id: fpa-1966
provision_ref: s19
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 19
title: Write-off
content:
19. Subject to the provisions of the Constitution, the Minister shall in respect of public moneys and public stores have power — ( a ) to write off losses or deficiencies of public moneys and the value of lost, deficient, condemned, unserviceable, redundant or obsolete public stores; and ( b ) to abandon any claim to irrecoverable amounts of revenue, debts and overpayments.


document_id: fpa-1966
provision_ref: s20
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 20
title: Surcharge
content:
20. —(1) If it appears to the Minister that any person who is or was in the employment of the Government — ( a ) has failed to collect any moneys owing to the Government for the collection of which he or she is or was responsible; ( b ) is or was responsible for any improper payment of public moneys or moneys administered by the Government or for any payment of such moneys which is not duly vouched; or ( c ) is or was responsible for any deficiency in, or for the destruction of, any public moneys, or moneys administered by the Government, stamps, securities, public stores, or other property of the Government, and if a satisfactory explanation is not, within a period specified by the Minister, furnished to the Minister, with regard to such failure to collect, improper payment, payment not duly vouched, deficiency or destruction, the Minister may refer the matter to the appropriate Service Commission and the Service Commission may, after such inquiry as it thinks fit, surcharge against that person the whole or such proportion as it thinks fit of any such amount not collected, payment, deficiency, or loss or the original value of the property destroyed, as the case may be. (2) In this section and sections 21 and 22, “the appropriate Service Commission” means the Public Service Commission, the Judicial Service Commission or the Legal Service Commission. [Act 33 of 2021 wef 14/01/2022]


document_id: fpa-1966
provision_ref: s21
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 21
title: Notification of surcharge
content:
21. The Secretary of the appropriate Service Commission must cause the head of the department of the person surcharged to be notified of any surcharge made under section 20 and that head of department must thereupon notify the person surcharged.


document_id: fpa-1966
provision_ref: s22
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 22
title: Withdrawal of surcharge
content:
22. The appropriate Service Commission may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Secretary of the appropriate Service Commission must at once cause the head of department to be notified of such withdrawal.


document_id: fpa-1966
provision_ref: s23
chapter: PART 3 - CONTROL AND MANAGEMENT OF PUBLIC
section: 23
title: Recovery of surcharge
content:
23. The amount of any surcharge made under section 20 and not withdrawn under section 22 shall be a debt due to the Government from the person against whom the surcharge is made and may be sued for and recovered in any court of competent jurisdiction at the suit of the Government, and the Minister may direct that the amount of any surcharge shall be recovered by equal monthly instalments by deductions from the salary or pension of such officer in amounts not exceeding one-fourth of the total monthly salary or pension, as the case may be, of such officer.


document_id: fpa-1966
provision_ref: s24
chapter: PART 4 - REGULATIONS
section: 24
title: Regulations
content:
24. —(1) The Minister may make regulations, to be called Financial Regulations, not inconsistent with the provisions of this Act, for carrying out the provisions of this Act and, in particular, such regulations may provide for — ( a ) the collection, receipt, custody, issue, expenditure, due accounting for, care and management of all public moneys and the guidance of all persons concerned therein; ( b ) the more effectual record, examination, inspection and departmental check of all receipts and expenditure and the keeping of all necessary records and accounts; ( c ) the forms for all records and documents whatever required under the provisions of this Act or the regulations made thereunder; ( d ) the purchase, safe custody, issue, sale or other disposal or writing-off of public stores and other property of Singapore, and the proper accounting for, and stocktaking of, such stores and property; ( e ) the preparation of estimates of revenue and expenditure; ( f ) the authorisation of rates of payment of public funds for specific purposes where such rates of payment are not provided by law; ( g ) the making of advances to public officers and other persons and the rates and limits of such advances and the rates of interest thereon; and ( h ) the capitalising of nationally significant infrastructure expenditure, including where the nationally significant infrastructure — (i) is depreciated over the useful life of the nationally significant infrastructure by accounting for depreciation expenses in the relevant financial statements required by Article 147(5) of the Constitution; or (ii) is impaired by accounting for impairment losses in the relevant financial statements required by Article 147(5) of the Constitution, if there is a decline in the value of the nationally significant infrastructure for reasons other than depreciation before the end of its useful life. [15/2021] (2) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: fra-1875
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless there is something repugnant in the subject or context, “foreign State” includes any person or persons exercising, or assuming to exercise, the powers of government in or over any country, colony, province, or people beyond the limits of Singapore.


document_id: fra-1875
provision_ref: s3
section: 3
title: Power to prohibit or permit recruiting
content:
3. If any person is, within the limits of Singapore, obtaining, or attempting to obtain, recruits for the service of any foreign State in any capacity, the President may by order in writing, signed by the Minister, either prohibit that person from so doing or permit him to do so subject to any conditions which the President imposes.


document_id: fra-1875
provision_ref: s4
section: 4
title: Power to impose conditions
content:
4. The President may by general order notified in the Gazette either prohibit recruiting for the service of any foreign State, or impose upon such recruiting any conditions which he thinks fit.


document_id: fra-1875
provision_ref: s5
section: 5
title: Punishment of offences
content:
5. Any person who in violation of the prohibition of the President, or of any condition subject to which permission to recruit has been accorded — ( a ) induces or attempts to induce any person to accept, agree to accept, or to proceed to any place with a view of obtaining, any commission or employment in the service of any foreign State; or ( b ) knowingly aids in the engagement of any person so induced by forwarding or conveying him, or by advancing money, or in any other way whatever, shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 7 years or to both.


document_id: fsa-1965
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019; “animal feed” means organic or mineral substances or mixtures of such substances used for the feeding of animals; “authorised officer” means any person appointed under section 3(2) by the Director‑General to be an authorised officer; “compound feed” means products which, when administered in the quantities prescribed, are adequate under normal management conditions to afford to normal animals of the species and class concerned the full range of nutritional ingredients in their diet necessary for the breeding or rearing of exemplary specimens of animals; “Director-General” means the Director‑General, Food Administration appointed under section 3(1) of the Sale of Food Act 1973; “feed concentrate” means such feed as is designed to supplement or balance the basic ingredients of a feed ratio to afford normal animals full nourishment and includes mineral mixtures; “simple feed” means a livestock feed which has been declared by the Minister, by notification in the Gazette , to be a simple feed within the meaning of this Act; “statutory statement” means a written statement furnished under section 5. [11/2019]


document_id: fsa-1965
provision_ref: s3
section: 3
title: Administration of Act and appointment of authorised officer, etc.
content:
3. —(1) The Director‑General shall be responsible for the administration of this Act, subject to the general or special directions of the Minister. (2) The Director‑General may in writing appoint any public officer or any officer of the Agency or any other statutory authority, or an auxiliary police officer appointed under the Police Force Act 2004, to be an authorised officer for the purposes of this Act and any rules made thereunder. [11/2019] (3) The Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon him by this Act (except the power of delegation conferred by this subsection) to any authorised officer. [11/2019] (4) The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke a person’s appointment as an authorised officer. [11/2019] (5) An auxiliary police officer who is appointed as an authorised officer under subsection (2) does not, by virtue only of the appointment, become an employee or agent of the Agency. [11/2019]


document_id: fsa-1965
provision_ref: s4
section: 4
title: Licence to import, manufacture, etc., animal feeds
content:
4. —(1) The Director‑General may issue a licence to any person to import, manufacture, process for sale or sell simple feeds, feed concentrates or compound feeds upon an application made in the prescribed form and the payment of such fees as may be prescribed. (2) A licence shall be subject to such conditions as may be prescribed and such other conditions as the Director‑General may, in his discretion, impose. (3) The Director‑General may, in his discretion, at any time, revoke or suspend a licence. (4) No person shall import, manufacture, process for sale or sell simple feeds, feed concentrates or compound feeds without a licence issued by the Director‑General. (5) Any person who acts in contravention of subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: fsa-1965
provision_ref: s5
section: 5
title: Obligation to furnish statutory statement by purchaser
content:
5. Every person who sells animal feeds shall furnish to the purchaser on or before delivery or as soon as possible a written statement in the prescribed form which shall contain such particulars as may be prescribed.


document_id: fsa-1965
provision_ref: s6
section: 6
title: Manufacturer to give warranty
content:
6. A manufacturer of simple feeds, feed concentrates or compound feeds shall give to every purchaser a warranty in the prescribed form which shall contain such particulars as may be prescribed.


document_id: fsa-1965
provision_ref: s7
section: 7
title: Right of purchaser to have sample taken
content:
7. The purchaser of any animal feed shall on payment of the prescribed fees be entitled to — ( a ) have a sample of the article taken by an authorised officer and analysed; and ( b ) receive a certificate of the result of the analysis.


document_id: fsa-1965
provision_ref: s8
section: 8
title: Powers of authorised officer
content:
8. —(1) Any authorised officer may at any time enter and examine any land, building or premises for the purpose of ascertaining whether — ( a ) that land, building or premises is being used for the purpose of the manufacture, processing for sale or sale of simple feeds, feed concentrates and compound feeds; or ( b ) any offence under this Act or any rules made thereunder has been or is being committed. (2) An authorised officer may at any time enter — ( a ) any premises used for the storage, manufacture and sale of animal feeds; or ( b ) any vehicle used for the transport of animal feeds, for the purpose of inspecting the condition of — ( c ) storage compartments; and ( d ) animal feeds and taking samples thereof. (3) The Director‑General or an authorised officer may arrest without warrant any person committing or attempting to commit or whom he reasonably suspects of being engaged in committing or attempting to commit any offence under this Act or any rules made thereunder, if — ( a ) the person refuses to furnish his name and address or furnishes an address out of Singapore; or ( b ) there are reasonable grounds for believing that the person has furnished a false name or address or that the person is likely to abscond. [11/2019] (4) The Director‑General or an authorised officer making an arrest without warrant must without unnecessary delay bring the person arrested before a Magistrate’s Court. [11/2019]


document_id: fsa-1965
provision_ref: s8A
section: 8A
title: Other powers of investigation
content:
8A. —(1) For the purpose of investigating any offence under this Act or any rules made thereunder, the Director‑General or an authorised officer may — ( a ) require any person in Singapore whom the Director‑General or authorised officer (as the case may be) has reason to believe to be acquainted with any facts or circumstances relevant to that investigation — (i) to furnish any document or information in that person’s possession; or (ii) to attend before the Director‑General or authorised officer to answer any question to the best of that person’s knowledge, information and belief; or ( b ) examine orally any person supposed to be acquainted with the facts and circumstances of the case. [11/2019] (2) The person mentioned in subsection (1)( b ) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture. [11/2019] (3) Any statement made by any person in answer to a question under subsection (1) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. [11/2019] (4) If any person fails to attend before the Director‑General or an authorised officer as required under subsection (1), the Director‑General or authorised officer may report the failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order. [11/2019]


document_id: fsa-1965
provision_ref: s9
section: 9
title: Fees, etc., payable to Agency
content:
9. All fees, charges and moneys collected under this Act or any rules made thereunder (except composition sums) must be paid to the Agency. [11/2019]


document_id: fsa-1965
provision_ref: s10
section: 10
title: Penalty
content:
10. —(1) Any person who fails to furnish a statutory statement as is required under section 5 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Any manufacturer who does not supply a warranty as is required under section 6 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (3) Any manufacturer who furnishes a warranty containing statements that are incorrect or inaccurate shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (4) In any case where in any simple feed, feed concentrate or compound feed which has been sold, it is found on analysis to contain any ingredient deleterious or dangerous to animals, the seller, manufacturer or proprietor, as the case may be, shall be deemed to be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (5) Any person who — ( a ) fraudulently tampers with any animal feed so as to procure that any sample of it taken or submitted for analysis under this Act does not correctly represent the article; or ( b ) tampers or interferes with any sample submitted for analysis under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (6) Any owner of, or person entrusted for the time being with the charge and custody of, simple feeds, feed concentrates or compound feeds who — ( a ) refuses to allow any authorised officer to take samples as he thinks fit; or ( b ) otherwise wilfully delays or obstructs any authorised officer in the execution of his duties under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: fsa-1965
provision_ref: s11
section: 11
title: Rules
content:
11. —(1) The Minister may make rules for or with respect to any purpose which is considered by him necessary for carrying out the provisions of this Act and for prescribing any matter which is authorised or required under this Act to be prescribed. (2) Without prejudice to the generality of subsection (1), the Minister may by such rules provide for — ( a ) the regulation and control of the manufacture, preparation, marketing or importation of simple feeds, feed concentrates or compound feeds; ( b ) the therapeutic substances that may be added to simple feeds, feed concentrates or compound feeds; ( c ) the particulars that shall be contained in a warranty given by a manufacturer and the limits within which such particulars may differ from the actual nature, quality or amounts of the ingredients of the simple feeds, feed concentrates or compound feeds; ( d ) the method of taking samples and their analysis; ( e ) the forms for licences and for other purposes for use in connection with this Act; and ( f ) the prescribing of fees and charges for the purposes of this Act. (3) Such rules may — ( a ) prescribe that any act or omission in contravention of the provisions of any rule is an offence; ( b ) provide for the imposition of penalties which shall not exceed a fine of $500 or imprisonment for a term of 6 months or both; and ( c ) provide that, in addition to such fine and imprisonment, the penalty may extend to the cancellation or suspension of a licence. (4) The Minister may, in lieu of making any rules prescribing forms which by this Act are required to be or may be prescribed, authorise the Director‑General to prescribe such forms as he thinks fit. (5) All such rules shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.


document_id: fsa-1993
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “alternative solution”, in relation to any fire safety works, means an engineering solution for the fire safety works to satisfy any fire performance requirements in the Fire Code, being a solution that is based on — ( a ) a deterministic or probabilistic analysis of fire scenarios or both types of analysis; or ( b ) a quantitative or qualitative assessment of design alternatives or both against the fire performance requirements in the Fire Code, using engineering tools, methodologies and performance criteria as may be acceptable to the Commissioner, but does not include engineered smoke control systems where the usage and design are in accordance with the Fire Code; “authorised officer”, in relation to any power conferred or duties imposed on the Commissioner by or under this Act, means a person authorised under section 3 to exercise that power or to carry out that duty; “building” has the meaning given by the Building Control Act 1989; “building works” has the meaning given by the Building Control Act 1989; “class of petroleum” means any petroleum prescribed to be a class of petroleum for the purposes of this Act; “Commissioner” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986; “Fire Code” means the Code of Practice for Fire Precautions in Buildings published by the Commissioner on the website maintained by the Force, as amended or remade from time to time, and includes any code, standard, rule, specification or provision adopted under section 106; “fire forensic specialist” means an individual who is appointed under section 20 as a fire forensic specialist; “fire hazard” means any matter or circumstance which materially increases the likelihood of fire or the danger to life or property that would result from the outbreak of fire and includes — ( a ) any alteration to any building in contravention of any law relating to building works or fire safety works such as might render escape in the event of fire more difficult; ( b ) any removal from any building of any fire safety measure which was provided in such building in accordance with plans approved by the Commissioner under section 55; ( c ) any specified fire hazard; and ( d ) any other matter or circumstance which would materially hamper the Force in the discharge of its duties in the event of fire; “fire hazard abatement notice” means a written notice issued by the Commissioner under section 28(1); “fire performance requirements” means the objectives specified in the Fire Code in respect of fire safety works; “fire protection system” includes any installation, equipment or works manufactured, used or designed to be used for the purposes of — ( a ) extinguishing, attacking, preventing or limiting a fire and its by‑product; or ( b ) giving warning of a fire; “fire protection works” means the provision, extension or alteration of any fire protection system; “fire safety engineer” means a person who is registered as a fire safety engineer under this Act; “fire safety measures” includes any installation, equipment or works manufactured, used or designed to be used for the purposes of — ( a ) extinguishing, attacking, preventing or limiting a fire and controlling the spread of smoke resulting from the fire; ( b ) giving warning of a fire; ( c ) providing access to any premises or place for the purpose of extinguishing, attacking, preventing or limiting a fire; ( d ) providing means of escape; or ( e ) providing a means of communication to facilitate firefighting operations or the evacuation of persons in the event of fire; “fire safety works” means — ( a ) any fire protection works; ( b ) the installation, provision or removal of, or addition or alteration to, any fire safety measure; ( c ) any relevant pipeline works; or ( d ) any relevant works; “flammable material” means any substance prescribed to be a flammable material for the purposes of this Act; “Force” has the meaning given by the Civil Defence Act 1986; “install”, in relation to a regulated fire safety product, includes the use of the regulated fire safety product in the construction of a building; “member” has the meaning given by the Civil Defence Act 1986 and includes any public officer serving in the Force as engineering or technical staff; “occupier”, in relation to any premises, means the person in occupation of the premises or having the charge, management or control thereof and, in relation to any part of any premises different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part; “officer” has the meaning given by the Civil Defence Act 1986 and includes any public officer serving in the Force as engineering or technical officer; “owner” — ( a ) in relation to any premises, includes any mortgagee in possession and any person for the time being receiving the rent of the premises whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the premises were let to a tenant, and any person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises; ( b ) in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, means the management corporation having control of the building; ( c ) in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, means the subsidiary management corporation having control of that limited common property; ( d ) in respect of any fire safety measure, includes the occupier or the owner of the premises in or on which the fire safety measure is installed or kept; ( e ) in relation to an aircraft or a vessel, includes the charterer of the aircraft or vessel, as the case may be; and ( f ) in relation to a vehicle, means the registered owner of the vehicle; “peer reviewer” means a fire safety engineer who is appointed to review and assess whether any alternative solution in plans for any fire safety works that is prepared or proposed by another person satisfies any fire performance requirements; “petroleum” includes crude petroleum, liquefied petroleum gas and other naturally occurring hydrocarbon liquid derived from crude petroleum, coal, shale, peat or other bituminous substances; “pipeline” includes any section of a pipeline; “pipeline owner”, in relation to any section of a relevant pipeline, means — ( a ) if the section of the relevant pipeline is entirely or partially on a piperack or pipetrack — the person who owns or leases, and has management and control, of the piperack or pipetrack; or ( b ) if the entire section of the relevant pipeline is not on a piperack or pipetrack — a person who owns or leases that section of the relevant pipeline and uses that section of the relevant pipeline for the conveyance of any class of petroleum or any flammable material; “piperack” means a multi-tiered rack supporting one or more pipelines above the ground; “pipetrack” means an area where one or more pipelines are supported on sleepers on the ground; “premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built or not, whether public or private, and whether or not maintained under statutory authority; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function, but does not include a Town Council; “public building” means a building to which the public or a section of the public has access as of right, or by virtue of express or implied permission with or without payment of a fee; “qualified person” means a person who is registered as — ( a ) an architect under the Architects Act 1991 and has in force a practising certificate issued under that Act; or ( b ) a professional engineer under the Professional Engineers Act 1991 and has in force a practising certificate issued under that Act; “register of registered inspectors” means the register kept and maintained under section 5(1); “registered inspector” means a person who is registered as a registered inspector under section 6; “regulated fire safety product” means any material or product prescribed under section 113(1) to be such; “relevant pipeline” means a pipeline used, or to be used, for the conveyance of any class of petroleum or any flammable material, and includes the piperack or pipetrack (if any) for the management of the pipeline but does not include such a pipeline located in licensed premises; “relevant pipeline works” means the construction, alteration or repair of a relevant pipeline commenced or carried out on or after 1 September 2013; “relevant works” means — ( a ) the erection, extension, alteration, addition or repair of a building — (i) that involves the use of combustible materials; or (ii) that affects the means of escape from the building or the effectiveness of fire safety measures; ( b ) the provision, extension or alteration of any air‑conditioning service or ventilating system in or in connection with a building; or ( c ) the provision, extension or alteration of any system for the delivery of liquefied petroleum gas from a cylinder to the point of use, in or in connection with any building that is used for a non‑residential purpose; “specified fire hazard”, in relation to a building, means — ( a ) the overcrowding of a building that is a public building such as might render escape in the event of fire more difficult; ( b ) any fire safety measure in the building that is not in proper working order, whether because of lack of proper maintenance or for any other reason; or ( c ) the obstruction of escape routes, passageways, common property or limited common property of the building such as might render escape in the event of fire more difficult; “street” has the meaning given by the Street Works Act 1995; “vessel” includes — ( a ) any ship or boat or air-cushioned vehicle; and ( b ) any rig or platform, whether floating at sea or fixed to the sea bed, used in any form of operations at sea. [7/2004; 47/2004; 14/2013; 10/2015; 31/2016; 22/2019] (2) In this Act, unless the context otherwise requires, any reference to premises or building includes a reference to a part of such premises or building, as the case may be. [14/2013] (3) For the purposes of the definition of “pipeline owner” in subsection (1), the owner of the land on which any piperack, pipetrack or pipeline is located is not to be regarded as the person who owns or leases the piperack, pipetrack or pipeline (as the case may be) by reason only that the piperack, pipetrack or pipeline is a fixture annexed to that land. [14/2013] (4) Where — ( a ) by or under any provision of this Act, an act or a thing is required or directed to be done within a particular period or before a particular time; ( b ) failure to do that act or thing within the period or before the time mentioned in paragraph ( a ) constitutes an offence; and ( c ) that act or thing is not done within the period or before the time mentioned in paragraph ( a ), the obligation to do that act or thing continues, despite that the period or time mentioned in paragraph ( a ) has expired or passed, until that act or thing is done; and a person shall be guilty of a separate offence in respect of each day or part of a day after that period or time has expired or passed, during which the person continues to refuse or fail to comply with that requirement or direction. [22/2019]


document_id: fsa-1993
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Authorised officers
content:
3. —(1) The powers conferred and the duties imposed on the Commissioner under this Act, except sections 13, 14, 15, 16, 17 and 96, may be exercised and carried out by any of the following persons generally or specially authorised by name or office by the Commissioner and subject to the Commissioner’s directions: ( a ) any member of the Force; ( b ) any qualified person in the employment of the Government. [14/2013] (2) Subject to the directions of the Commissioner, the powers conferred and the duties imposed on the Commissioner under the provisions of Part 4 relating to the approving of plans of fire safety works and any regulations made under this Act necessary for carrying out or giving effect to those provisions may also be exercised and carried out by any qualified person who is — ( a ) in the employment of the Housing and Development Board, the Jurong Town Corporation or such other public authority constituted by any written law as the Minister may approve for the purpose; and ( b ) generally or specially authorised by name or office by the Commissioner. (3) The Commissioner may authorise any qualified person in writing to carry out the duties and responsibilities or exercise all or any of the powers of the Commissioner under this Act, subject to subsection (4) and such conditions or limitations as the Commissioner may specify. [14/2013] (4) The duties, responsibilities and powers which the Commissioner may authorise any qualified person to carry out or exercise under subsection (3) are those approved by the Minister in writing. (5) Any qualified person who is generally or specially authorised under subsection (2) or (3) to carry out the duties and responsibilities or exercise all or any of the powers of the Commissioner under this Act is deemed to be — ( a ) a public officer for the purposes of this Act; and ( b ) a public servant for the purposes of the Penal Code 1871. [14/2013]


document_id: fsa-1993
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Registration required to act as registered inspector
content:
4. A person commits an offence if — ( a ) the person is not a registered inspector; and ( b ) the person, knowing that he or she is not a registered inspector, intentionally does any of the following, whether or not for reward: (i) certify that any completed fire safety works have been carried out in accordance with the approved plans of fire safety works, the Fire Code, and the provisions of this Act, for the purposes of section 60(5); (ii) inspect any fire safety works for the purpose of making a certification mentioned in sub‑paragraph (i); (iii) advertise or otherwise hold out that the person is willing to do (whether or not for reward) anything in sub‑paragraph (i) or (ii). [3A [22/2019]


document_id: fsa-1993
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Register of registered inspectors
content:
5. —(1) The Commissioner must keep and maintain a register in which must be entered the names and prescribed particulars of all persons registered under section 6 as registered inspectors. (2) The register of registered inspectors must be kept and maintained at the office of the Commissioner and must be available for inspection by any person without charge at such time as that office is open for business. [4


document_id: fsa-1993
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Registration of registered inspectors
content:
6. —(1) An application for registration as a registered inspector must be made in such manner and must be accompanied by such documents and particulars as may be prescribed. (2) No person may be registered as a registered inspector unless he or she can satisfy the Commissioner that he or she possesses the prescribed qualifications and practical experience. (3) Without prejudice to subsection (2), the Commissioner may refuse to register as a registered inspector an applicant who, in the Commissioner’s opinion, is not of good character and reputation or unable to carry out the duties and responsibilities of a registered inspector under this Act. [14/2013] (4) The Commissioner may appoint a committee of persons to assist the Commissioner in considering applications for registration as registered inspectors. (5) Where the Commissioner has registered a person as a registered inspector, the Commissioner must issue to the person a certificate of registration. [5


document_id: fsa-1993
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Cancellation of registration and suspension from practice
content:
7. —(1) Without prejudice to section 11(7), the Commissioner may by order cancel the registration of any registered inspector or suspend him or her from practice for a period not exceeding 12 months under any of the following circumstances: ( a ) if he or she is deceased; ( b ) if he or she has contravened or failed to comply with section 8(1); ( c ) if he or she is convicted of an offence involving fraud or dishonesty or an offence under this Act; ( d ) if it appears to the Commissioner that he or she is no longer in the position to carry out the duties or responsibilities of a registered inspector under this Act; ( e ) if he or she has procured his or her registration by fraud or misrepresentation; or ( f ) if he or she is a qualified person or a fire safety engineer, his or her registration as such is revoked or cancelled or he or she is suspended from practising as such under this Act or any other relevant written law. [7/2004; 14/2013] (2) The Commissioner may, if the Commissioner considers that no cause of sufficient gravity for cancellation of registration or suspension from practice exists, by writing censure the registered inspector. (3) The Commissioner must not exercise the Commissioner’s powers under subsection (1)( b ), ( c ), ( d ), ( e ) or ( f ) or (2) unless an opportunity of being heard has been given to the registered inspector against whom the Commissioner intends to exercise his or her powers. [7/2004] (4) Where a registered inspector has been suspended from practice under subsection (1), the Commissioner must, within 7 days of the expiry of such suspension, restore the name and particulars of that registered inspector to the register of registered inspectors and issue to him or her a fresh certificate of registration. [7/2004] (5) Any person whose application for registration as a registered inspector is refused, or who is dissatisfied with the decision of the Commissioner under subsection (1), may, within 14 days of being notified in writing of the refusal or the decision, appeal to the Minister. [22/2019] (6) Where an order made by the Commissioner to cancel the registration of a registered inspector or suspend the registered inspector from practice has taken effect, the Commissioner must — ( a ) remove the name and particulars of the inspector concerned from the register of registered inspectors; ( b ) cancel any certificate of registration issued to the inspector concerned under section 6(5); and ( c ) notify the inspector concerned accordingly. (7) The inspector concerned must, within 14 days of being notified of the removal of his or her name and particulars from the register of registered inspectors, surrender to the Commissioner the certificate of registration issued to him or her. (8) Any person who fails to comply with subsection (7) shall be guilty of an offence. (9) Any person whose name has been removed from the register of registered inspectors under subsection (1)( b ), ( c ), ( d ), ( e ) or ( f ) must, if his or her appeal to the Minister is allowed, have his or her name reinstated as soon as may be practicable. [5A [7/2004; 14/2013]


document_id: fsa-1993
provision_ref: s8
chapter: PART 1 - PRELIMINARY
section: 8
title: Independence of registered inspectors
content:
8. —(1) At the time of carrying out his or her duties and responsibilities or exercising his or her powers as a registered inspector under this Act, a registered inspector must not have a professional or financial interest in the building or relevant pipeline, or any part thereof, or fire safety works in respect of which the duties and responsibilities or powers are to be carried out or exercised. [7/2004; 14/2013] (2) A registered inspector is regarded as having a professional or financial interest in the building or relevant pipeline, or any part thereof, or fire safety works if — ( a ) he or she is or has been responsible for or acting as consultant to the design or construction of the building or relevant pipeline, or any of the fire safety works in any capacity; ( b ) he or she or any nominee of his or hers is a member, officer or employee of a company or other body which has a professional or financial interest in the building or relevant pipeline, or any part thereof, or fire safety works; or ( c ) he or she is a partner or is in the employment of a person who has a professional or financial interest in the building or relevant pipeline, or any part thereof, or fire safety works. [14/2013] (3) For the purposes of this Act — ( a ) a person is to be treated as having a professional or financial interest in the building or relevant pipeline, or any part thereof, or fire safety works even if the person has that interest only as trustee for the benefit of some other person; and ( b ) in the case of a husband and wife living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other. [14/2013] (4) For the purposes of this Act — ( a ) involvement in the fire safety works as a registered inspector; and ( b ) entitlement to any fee paid for his or her function as a registered inspector, is not regarded as constituting a professional or financial interest. (5) Any person who contravenes this section shall be guilty of an offence. [6


document_id: fsa-1993
provision_ref: s9
chapter: PART 1 - PRELIMINARY
section: 9
title: Appointment of Registered Inspectors Inquiry Panel, etc.
content:
9. —(1) For the purpose of enabling an Inquiry Committee to be constituted in accordance with this section, the Minister must appoint a panel (called in this Act the Registered Inspectors Inquiry Panel) consisting of such numbers of — ( a ) qualified persons who are not members of the Force; and ( b ) members of the Force, as the Commissioner may determine. [7/2004; 14/2013] (2) A member of the Registered Inspectors Inquiry Panel is appointed for a term of 2 years and is eligible for re‑appointment. [14/2013] (3) Where any complaint against a registered inspector relating to his or her conduct or the discharge of his or her duties or responsibilities is received by the Commissioner, the Commissioner may constitute an Inquiry Committee consisting of 5 members of the Registered Inspectors Inquiry Panel, for the purposes of inquiring into the complaint. [14/2013] (4) An Inquiry Committee must consist of — ( a ) a Chairperson appointed by the Commissioner; ( b ) 2 qualified persons who are not members of the Force; and ( c ) 2 members of the Force. (5) The Commissioner may, on the Commissioner’s own motion, constitute an Inquiry Committee for the purposes of inquiring into the conduct of any registered inspector or the discharge of a registered inspector’s duties or responsibilities if it appears to the Commissioner that the registered inspector has contravened or failed to comply with any provision of the prescribed code of professional conduct and ethics. (6) The Chairperson of an Inquiry Committee presides at every meeting of the Inquiry Committee. (7) In the absence of the Chairperson of an Inquiry Committee, the Commissioner must appoint an acting Chairperson who has and may exercise all the powers of the Chairperson. (8) The Minister may at any time remove any member of an Inquiry Committee or fill any vacancy in its membership. [6A [7/2004]


document_id: fsa-1993
provision_ref: s10
chapter: PART 1 - PRELIMINARY
section: 10
title: Proceedings of Inquiry Committee
content:
10. —(1) An Inquiry Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit. (2) The Chairperson of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee. (3) All the members of an Inquiry Committee must be present to constitute a quorum for a meeting of the Inquiry Committee. (4) Any decision to be made at any meeting of the Inquiry Committee is to be determined by a majority of votes of the members of the Inquiry Committee and, in the case of an equality of votes, the Chairperson of the Inquiry Committee has a second or casting vote. (5) A member of an Inquiry Committee is, notwithstanding that he or she has ceased to be a member of the Registered Inspectors Inquiry Panel on the expiry of his or her term of office, deemed to be a member of the Registered Inspectors Inquiry Panel until such time as the Commissioner has decided that the Inquiry Committee of which he or she is a member has completed its work. [6B [14/2013]


document_id: fsa-1993
provision_ref: s11
chapter: PART 1 - PRELIMINARY
section: 11
title: Commencement of inquiry, etc.
content:
11. —(1) An Inquiry Committee must, within a reasonable time of its constitution, commence its inquiry and, subject to subsection (2), submit a written report of its findings (called in this section the written report) to the Commissioner not later than 6 months after its constitution. (2) The Commissioner may grant an extension of time to an Inquiry Committee to submit the written report to the Commissioner if he or she is satisfied that the circumstances of the case justify the grant of an extension of time. (3) Subject to the provisions of this Act, the Inquiry Committee may determine its own procedure. [14/2013] (4) Where an Inquiry Committee is of the opinion that a registered inspector should be called upon to answer any allegation made against him or her, the Inquiry Committee must — ( a ) post or deliver to the registered inspector concerned — (i) copies of any complaint made against him or her; and (ii) a notice inviting him or her to give, within such period (being at least 14 days) as may be specified in the notice, to the Inquiry Committee any written explanation he or she may wish to offer and to advise the Inquiry Committee if he or she wishes to be heard by the Committee; ( b ) allow the time specified in the notice to elapse; ( c ) give the registered inspector concerned reasonable opportunity to be heard if he or she so desires; and ( d ) give due consideration to any explanation (if any) given by the registered inspector concerned. (5) Where the complainant withdraws the complaint before the Inquiry Committee is constituted or before the inquiry by the Committee is concluded, the Commissioner may, despite such withdrawal, constitute an Inquiry Committee and direct it to inquire, or may direct the Inquiry Committee to continue with its inquiry, into the matter, and the Inquiry Committee must comply with that direction. [7/2004] (6) An Inquiry Committee must, in its written report, make such recommendation as it thinks fit. (7) The Commissioner must consider the written report submitted by an Inquiry Committee and may — ( a ) dismiss the complaint; ( b ) by order cancel the registration of the registered inspector concerned; ( c ) by order suspend the registered inspector concerned from practice for a period not exceeding 12 months; ( d ) by order impose a penalty not exceeding $5,000; ( e ) in writing censure the registered inspector concerned; or ( f ) make such other order as the Commissioner thinks fit. (8) The Commissioner is not bound by any recommendation made by an Inquiry Committee in its written report. (9) The Commissioner must in writing notify the registered inspector concerned of the Commissioner’s decision or any order made against the registered inspector concerned under subsection (7). (10) A registered inspector who is aggrieved by a decision of or an order made by the Commissioner under subsection (7)( b ), ( c ), ( d ) or ( f ) may, within 14 days of the receipt of the written notification, appeal to the Minister. [22/2019] (11) Any penalty imposed by the Commissioner in exercise of the powers conferred by subsection (7) is recoverable as a judgment debt from the registered inspector ordered to pay the penalty. [6C


document_id: fsa-1993
provision_ref: s12
chapter: PART 1 - PRELIMINARY
section: 12
title: Powers of Inquiry Committee
content:
12. —(1) For the purposes of any inquiry conducted by an Inquiry Committee, the Inquiry Committee may — ( a ) require evidence to be given on oath and for that purpose the Chairperson of the Inquiry Committee may administer an oath; and ( b ) require any person to attend and give evidence before it and to produce all plans, books, documents and papers in the custody of, or under the control of, that person relating to the subject matter of the inquiry. (2) Every person who, without lawful excuse, refuses or fails to — ( a ) attend and give evidence when required to do so by the Inquiry Committee; ( b ) answer truly and fully any question put to the person by a member of the Inquiry Committee; or ( c ) produce to the Inquiry Committee any plans, book, document or paper required to be produced by the person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (3) For the purposes of conducting an inquiry, an Inquiry Committee may appoint any person to make or assist in the making of whatever preliminary inquiries it thinks necessary. [6D


document_id: fsa-1993
provision_ref: s13
chapter: PART 1 - PRELIMINARY
section: 13
title: Powers in event of fire
content:
13. —(1) The Commissioner or any member of the Force authorised by the Commissioner may, in the event of a fire or a suspected fire, by himself or herself or with other members under his or her command — ( a ) enter, break into or through and take possession of or demolish or cause to be taken possession of or demolished any premises or structure for the purpose of extinguishing or preventing the spread of the fire; ( b ) enter, break into, take possession of, remove or destroy, or cause to be taken possession of, removed or destroyed, any aircraft, vehicle, vessel or thing for the purpose of extinguishing or preventing the spread of the fire; ( c ) take any equipment required to be used into, through or upon any premises, aircraft, vehicle or vessel where he or she thinks it necessary for the purpose of carrying out his or her duties; ( d ) remove from any building, structure, aircraft, vehicle or vessel which is on fire or is in the vicinity of the fire, any flammable, combustible, explosive or dangerous material found therein without responsibility for any consequent loss or damage; ( e ) for the purpose of extinguishing or preventing the spread of the fire, cause any building or structure which is on fire, or which is adjacent to or in the vicinity of any building or structure which is on fire, to be pulled down, either wholly or partially, or otherwise destroyed or damaged; ( f ) cause water to be shut off from, or turned into, any main or pipe in order to obtain a greater pressure and supply of water for the purpose of extinguishing the fire in consultation with the Public Utilities Board; ( g ) shut off or disconnect, or order any person having the control thereof to shut off or disconnect, the supply of gas, petroleum, flammable material or electricity to any premises which are on fire or which are in the vicinity of the fire; ( h ) close or cause to be closed any street in the vicinity of the fire or calamity; ( i ) remove any aircraft, vehicle, vessel or thing impeding the operation of the Force and, where reasonably necessary for that purpose, he or she may use force or break into any such aircraft, vehicle, vessel or thing; ( j ) remove, using reasonable force if necessary, any person who, by that person’s presence or otherwise, interferes with the firefighting operations or who is, in his or her opinion, endangered by the fire; ( k ) control and direct all operations for the extinguishing of the fire and all fire services present and all persons there who place their services at his or her disposal; ( l ) use any convenient supply of water; and ( m ) generally do all other things that are reasonably necessary for protecting life or property or for extinguishing the fire or for preventing the spread of the fire. [7/2004; 14/2013] (2) No person or body (including the Government) shall be liable to any action, penalty or claim by reason of any action under subsection (1)( f ). [7


document_id: fsa-1993
provision_ref: s14
chapter: PART 1 - PRELIMINARY
section: 14
title: Power to enter premises for various purposes
content:
14. —(1) The Commissioner or any member of the Force authorised by the Commissioner in writing on producing (if so required) an authenticated document showing his or her authority has a right to enter any premises at all reasonable hours for the purpose of — ( a ) ascertaining whether there is or has been, on or in connection with the premises, any contravention of any of the provisions of this Act, or any contravention of or failure to comply with a licence condition imposed under section 51 or 52; ( b ) obtaining information required for firefighting purposes with respect to the character of the premises, the availability of water supplies and the means of access thereto and other material circumstances relating to firefighting purposes; ( c ) conducting fire drills and exercises, provided prior reasonable written notice is given to the owner or occupier of such premises; ( d ) ascertaining whether there exists in the premises any fire hazard; ( e ) obtaining any evidence of the commission of any offence under this Act or contravention of or failure to comply with any licence condition imposed under section 51 or 52 in the premises, where there is reason to suspect that there is such evidence; ( f ) ascertaining whether or not any place of public assembly or premises used for purposes of entertainment or recreation are being used to accommodate a larger number of persons than is permitted under any regulations made under this Act; ( g ) checking and testing fire safety measures; and ( h ) performance by the Commissioner or the Force of his or her or its powers under this or any other written law. [14/2013; 10/2015; 22/2019] (2) Subject to subsection (3), the Commissioner or any member of the Force authorised under subsection (1) must not exercise the right of entry conferred by subsection (1) unless 24 hours’ notice in writing of the intended entry has been given to the occupier. [14/2013] (3) Subsection (2) does not apply in respect of entry into a place of public entertainment or public assembly, factory, workshop or workplace or premises otherwise used for business purposes. [8 [14/2013; 10/2015]


document_id: fsa-1993
provision_ref: s15
chapter: PART 1 - PRELIMINARY
section: 15
title: Power to board vessel for various purposes
content:
15. —(1) The Commissioner or any member of the Force authorised by the Commissioner in writing on producing (if so required) an authenticated document showing his or her authority has a right to board any vessel at all reasonable hours for all or any of the following purposes: ( a ) obtaining information required for firefighting purposes with respect to the character of the vessel, the availability of water supplies and the means of access thereto and other material circumstances relating to firefighting purposes; ( b ) conducting fire drills and exercises; ( c ) performance by the Commissioner or the Force of his or her or its powers under this Act or any other written law. [14/2013; 10/2015] (2) The Commissioner or any member of the Force authorised under subsection (1) must not exercise the right to board any vessel conferred by subsection (1) unless prior reasonable written notice has been given to the owner of the vessel. [8A [14/2013; 10/2015]


document_id: fsa-1993
provision_ref: s16
chapter: PART 1 - PRELIMINARY
section: 16
title: Power to enter premises, etc., up to 48 hours after fire
content:
16. —(1) For the purposes of investigating the cause or origin of any fire which has occurred in or on any aircraft, vessel or vehicle, or in or on any premises, the Commissioner, or a member of the Force or a fire forensic specialist authorised by the Commissioner in writing — ( a ) may enter and inspect those premises or any adjacent premises, or may board the aircraft, vessel or vehicle, as the case may be; and ( b ) may seize or detain the aircraft or vehicle. [10/2015] (2) The power conferred under subsection (1)( a ) on the Commissioner, or a member of the Force or a fire forensic specialist authorised by the Commissioner, may be exercised — ( a ) without notice within a period of 48 hours after the fire on the premises, aircraft, vessel or vehicle (as the case may be) has been put out; and ( b ) in any other case, only after giving written notice of the intended entry to the occupier of the premises or intended boarding to the owner of the aircraft, vessel or vehicle, as the case may be. [10/2015] (3) However, this section does not authorise the Commissioner, or a member of the Force or a fire forensic specialist, to enter any part of any premises, or to board any part of an aircraft, vessel or vehicle (as the case may be), without first producing (if so required) an authenticated document showing his or her authority to so enter or board. [10/2015] (4) To avoid doubt, nothing in this section limits the powers of any authority to investigate accidents under any written law for the time being in force relating to air navigation or merchant shipping. [8B [10/2015]


document_id: fsa-1993
provision_ref: s17
chapter: PART 1 - PRELIMINARY
section: 17
title: Powers ancillary to sections 14, 15 or 16
content:
17. —(1) The Commissioner or any member of the Force or fire forensic specialist exercising the powers under section 14, 15 or 16 may (so far as may be reasonably necessary for the purpose to which his or her exercise of the powers relates) do all or any of the following in the premises, aircraft, vehicle or vessel, as the case may be: ( a ) take with him or her any assistance or equipment; ( b ) search the premises, aircraft, vehicle or vessel; ( c ) take photographs or video recordings of and conduct any inspection, measurement or test on the premises, aircraft, vehicle or vessel or any thing found therein; ( d ) take, without payment, for the purpose of examination reasonable samples of any description from the premises, aircraft, vehicle or vessel; ( e ) seize or detain any thing found in the premises, aircraft, vehicle or vessel that he or she believes on reasonable grounds to be connected with the commission of any offence under this Act or to be otherwise relevant to the administration or enforcement of this Act; ( f ) do any other thing reasonably necessary for carrying out the purpose to which his or her exercise of the powers relates. [14/2013; 10/2015] (2) For the purposes of section 14, 15 or 16 or subsection (1)( b ), the Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16 (as the case may be), may — ( a ) require the owner or occupier of the premises, or the owner or person having charge of the aircraft, vehicle or vessel (as the case may be), to provide all reasonable assistance to the Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16, as the case may be; and ( b ) if the circumstances so warrant, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container, receptacle or any other thing. [14/2013; 10/2015] (3) Any person who fails to comply with any requirement made under subsection (2)( a ) shall be guilty of an offence. [14/2013] (4) Where the Commissioner, or a member of the Force or a fire forensic specialist seizes any thing under subsection (1)( e ), he or she must — ( a ) immediately give written notice of the seizure to the owner of the thing seized or to the agent of such owner; or ( b ) if the name and address of the owner or agent of the thing seized are not known, affix a notice prominently at the place where the thing was seized. [14/2013; 10/2015] (5) Any person aggrieved by the seizure of any thing under subsection (1)( e ) may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court. [14/2013] (6) Upon hearing such complaint, the Magistrate’s Court may — ( a ) confirm the seizure wholly or in part; ( b ) disallow the seizure wholly or in part; ( c ) order that any thing seized be restored to its owner, subject to any condition which the Court may think fit to impose to ensure that the thing is preserved for any purpose for which it may subsequently be required; or ( d ) order payment to be made to the owner of the thing seized of such amount as the Court considers will compensate the owner for any loss or depreciation resulting from the seizure. [14/2013] (7) Any thing seized under subsection (1)( e ) may be kept or stored at the place where it was seized or may, at the direction of the Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16, be removed to any other place to be kept or stored thereat. [14/2013; 10/2015] (8) The Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16 may mark, seal or label any thing being detained under subsection (1)( e ) in such manner as he or she thinks fit for the purpose of indicating that the thing is under detention and may lock or seal the place (or any part thereof) in which the thing is being detained. [14/2013; 10/2015] (9) Any person who, without the authority of the Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16, as the case may be — ( a ) interferes with, removes or otherwise disposes of any thing seized or detained under section 14, 15 or 16 or tampers with, alters or removes any mark, seal or label placed under subsection (8); or ( b ) opens, breaks or otherwise tampers with the lock or seal placed under 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 6 months or to both. [14/2013; 10/2015] (10) Subsections (4) to (9) apply to any aircraft or vehicle seized under section 16 as if they were seized or detained under subsection (1)( e ). [14/2013] (11) Nothing in this section is to be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section. [8C [14/2013]


document_id: fsa-1993
provision_ref: s18
chapter: PART 1 - PRELIMINARY
section: 18
title: Power to examine persons and secure attendance, etc.
content:
18. —(1) Where the Commissioner, or any member of the Force authorised by the Commissioner in writing, reasonably suspects that an offence has been committed under this Act, the Commissioner or the authorised member may do all or any of the following: ( a ) examine orally any person who appears to be acquainted with matters related to the offence; ( b ) require, by written notice, any person within Singapore who appears to be acquainted with matters related to the offence, to attend before the Commissioner or the authorised member; ( c ) require any person to provide any information, produce any book or document related to the offence in the possession of that person, or provide a copy of the book or document; ( d ) without payment, inspect, take or retain copies of, or extracts from, any book, document or copy mentioned in paragraph ( c ). [22/2019] (2) A person is not excused from making an oral statement under subsection (1)( a ) on the ground that the statement might tend to incriminate the person but, where the person claims before making the statement that the statement might tend to incriminate the person, that statement is not admissible in evidence against that person in criminal proceedings other than proceedings for an offence under subsection (4)( c ) or ( d ). [22/2019] (3) A statement made by any person examined under this section must — ( a ) be in writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. [22/2019] (4) A person commits an offence if the person — ( a ) without reasonable excuse, neglects or refuses to provide any information or produce any book or document, or any copy of the book or document, required under this section; ( b ) without reasonable excuse, neglects or refuses to attend before the Commissioner or the authorised member as required under this section; ( c ) provides any information or produces any book or document, or any copy of the book or document, required under this section that is false in a material particular and that the person knows to be false or does not believe to be true; or ( d ) by the intentional suppression of any material fact, provides information required under this section that is misleading. [22/2019] (5) Any person who is guilty of an offence under subsection (4)( a ) or ( b ) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both. [22/2019] (6) Any person who is guilty of an offence under subsection (4)( c ) or ( d ) 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. [8CA [22/2019]


document_id: fsa-1993
provision_ref: s19
chapter: PART 1 - PRELIMINARY
section: 19
title: Exemption of Singapore Armed Forces
content:
19. Sections 13, 14, 15, 16 and 17 do not apply to any aircraft, vehicle or vessel belonging to or exclusively employed in the service of the Singapore Armed Forces or of any visiting force lawfully present in Singapore. [8D [14/2013]


document_id: fsa-1993
provision_ref: s20
chapter: PART 1 - PRELIMINARY
section: 20
title: Fire forensic specialists
content:
20. —(1) The Minister may, in writing, appoint any of the following individuals to be fire forensic specialists to assist the Commissioner, or any member of the Force authorised by the Commissioner under section 16, exercising in Singapore a power under that section or section 17: ( a ) a public officer (except an operations support officer at grade III, IV or V or other public officer at equivalent grade) who is not a member of the Force but is employed in the offices of the Force; ( b ) an individual (who is not a public officer) with suitable qualifications or experience to properly exercise the powers of a fire forensic specialist. [10/2015; 5/2018] (2) A fire forensic specialist’s appointment is to be for such period as the Minister decides and, for an individual mentioned in subsection (1)( b ), is to be on such terms and conditions (including remuneration) as the Minister decides from time to time. [10/2015] (3) The Minister may, for any reason that appears to the Minister to be sufficient, at any time revoke an individual’s appointment as a fire forensic specialist. [10/2015] (4) The Commissioner must issue to each fire forensic specialist an identification card, which must be carried at all times by the fire forensic specialist when exercising powers under any provision in this Act. [10/2015] (5) A fire forensic specialist whose appointment as such ceases must return any identification card issued to him or her under subsection (4) to the Commissioner. [10/2015] (6) A fire forensic specialist is not a member of the Force, and an individual mentioned in subsection (1)( b ) who is appointed as a fire forensic specialist under that subsection does not, by virtue only of that appointment, become an employee or agent of the Government. [10/2015] (7) A fire forensic specialist is to be issued with such equipment, or such description of equipment, as the Commissioner may determine. [10/2015] (8) The Commissioner may, in writing, authorise a fire forensic specialist to exercise any of the powers in sections 16 and 17 in aid of any member of the Force or class of such members, as the Commissioner may specify in that authorisation, but the Commissioner cannot authorise under this subsection any fire forensic specialist to arrest any individual. [10/2015] (9) The Commissioner’s authorisation under subsection (8) for a fire forensic specialist may do any or all of the following: ( a ) limit the powers in sections 16 and 17 that the fire forensic specialist may exercise; ( b ) limit when the fire forensic specialist may exercise his or her powers in sections 16 and 17 or any of them; ( c ) limit where in Singapore the fire forensic specialist may exercise his or her powers in sections 16 and 17 or any of them; ( d ) limit the circumstances in which the fire forensic specialist may exercise his or her powers in sections 16 and 17 or any of them; ( e ) limit the purposes for which the fire forensic specialist may exercise his or her powers in sections 16 and 17 or any of them. [10/2015] (10) A fire forensic specialist who under this section is authorised by the Commissioner to exercise any power under section 16 or 17 to assist the Commissioner or a member of the Force — ( a ) must obey all lawful directions (general or specific) of the Commissioner and the member of the Force when exercising such power; and ( b ) is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising such power. [10/2015] (11) Without prejudice to subsection (10), where any law or written law protects a member of the Force from liability for the member’s acts or omissions, that law or written law is taken to operate as if those acts or omissions included the fire forensic specialist’s acts or omissions when acting in the course of his or her duty as a fire forensic specialist in accordance with the written authorisation of the Commissioner under this Part and the lawful directions of the member of the Force he or she assists. [10/2015] (12) To avoid doubt, a fire forensic specialist does not cease to be acting on the direction of a member of the Force by reason only that that member of the Force is not present at all times when the fire forensic specialist exercises any power under section 16 or 17. [8E [10/2015]


document_id: fsa-1993
provision_ref: s21
chapter: PART 1 - PRELIMINARY
section: 21
title: Appointment of supplementary enforcement officers
content:
21. —(1) The Commissioner may appoint an individual (including an employee of a public authority) as a supplementary enforcement officer to do all or any of the following, if the individual is suitably trained to do so: ( a ) to exercise the power in section 14(1)( a ), ( d ), ( f ) or ( g ); ( b ) to do anything authorised in section 17(1)( a ), ( b ), ( c ) or ( f ) or (2)( a ) when exercising any power or doing anything mentioned in paragraph ( a ); ( c ) to exercise the power or do anything authorised in section 28(1), 101(1) or 108(1) or (2) in relation to an offence under this Act that is prescribed for the purposes of this paragraph. [22/2019] (2) An appointment under subsection (1) is subject to the provisions of this Act and any conditions or limitations specified by the Commissioner. [22/2019] (3) Section 14, 17, 28(1), 101(1) or 108 applies to an individual appointed under subsection (1) as if the individual were — ( a ) in the case of section 14 or 17 — a member of the Force authorised by the Commissioner; ( b ) in the case of section 28 or 101(1) — the Commissioner; and ( c ) in the case of section 108 — an authorised officer. [22/2019] (4) An individual appointed under subsection (1) who, in the course of duty as an individual so appointed, exercises any power mentioned in subsection (1), is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising such power. [8F [22/2019]


document_id: fsa-1993
provision_ref: s22
chapter: PART 1 - PRELIMINARY
section: 22
title: Power to fix plate showing position of fire hydrant
content:
22. —(1) Upon giving 7 days’ notice in writing to the owner or occupier of any property situate in the vicinity of a fire hydrant or water supply, the Commissioner may thereafter cause a plate indicating the location of such fire hydrant or water supply to be fixed to any part of the property as may, in the opinion of the Commissioner, be best suited to indicate such location. (2) Any person who refuses to allow the fixing of any plate mentioned in subsection (1), or obstructs any person in the course of the fixing thereof or removes or defaces any such plate after it has been so fixed shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [9


document_id: fsa-1993
provision_ref: s23
chapter: PART 1 - PRELIMINARY
section: 23
title: Power to install fire hydrants
content:
23. The Commissioner may place or cause to be placed fire hydrants as the Commissioner may think necessary at convenient places in streets or roads. [10


document_id: fsa-1993
provision_ref: s24
chapter: PART 1 - PRELIMINARY
section: 24
title: Damaging, etc., of fire hydrants
content:
24. —(1) Any person who — ( a ) not being a member of the Force takes water from a fire hydrant other than for the extinguishment of a fire without the consent of the Commissioner or the Public Utilities Board, as the case may be; or ( b ) wilfully damages a fire hydrant, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (2) Any person convicted of an offence under subsection (1)( b ) shall, in addition to the fine imposed on the person under that subsection, also be liable to pay compensation to the Public Utilities Board for any expenses reasonably incurred in repairing or replacing such fire hydrant. [11


document_id: fsa-1993
provision_ref: s25
chapter: PART 1 - PRELIMINARY
section: 25
title: False alarm
content:
25. —(1) Any person who knowingly gives or causes to be given a false alarm of fire to the Force or to the police 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 3 months or to both. (2) For the purposes of this section, “false alarm of fire” includes a false call for the ambulance or other services provided by the Force. [12


document_id: fsa-1993
provision_ref: s26
chapter: PART 2 - FIRE HAZARD IN PREMISES
section: 26
title: Offence for owner or occupier to cause, etc., specified fire hazard
content:
26. —(1) An owner or occupier of any building commits an offence if the owner or occupier causes, or does or omits to do anything that is likely to cause, a specified fire hazard to arise at the building. [22/2019] (2) An owner or occupier of any building commits an offence if the owner or occupier knows or ought to know that — ( a ) there is a specified fire hazard in the building; or ( b ) a specified fire hazard is likely to arise at the building, but does not take reasonable steps to abate the specified fire hazard or prevent the specified fire hazard from arising, as the case may be. [22/2019] (3) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove that the defendant intended to cause a specified fire hazard to arise at the building. [22/2019] (4) The offence under subsection (1) is a strict liability offence. [12A [22/2019]


document_id: fsa-1993
provision_ref: s27
chapter: PART 2 - FIRE HAZARD IN PREMISES
section: 27
title: Offence for any person to cause specified fire hazard
content:
27. A person commits an offence if the person does anything or omits to do anything that causes or is likely to cause — ( a ) any fire safety measure in the premises not to be in proper working order; or ( b ) any escape route, passageway, common property or limited common property of a building to be obstructed — (i) such as might render escape in the event of fire more difficult; and (ii) which obstruction cannot be easily removed by an individual escaping from a fire, and the person knows or ought to know that the act or omission causes or is likely to cause the effect mentioned in paragraph ( a ) or ( b ). [12B [22/2019]


document_id: fsa-1993
provision_ref: s28
chapter: PART 2 - FIRE HAZARD IN PREMISES
section: 28
title: Abatement of fire hazards
content:
28. —(1) The Commissioner may, if satisfied of the existence in or on any premises of any fire hazard, serve — ( a ) upon the person by reason of whose act, default or sufferance the fire hazard arose or continues; ( b ) if such person is the employee or agent of some other person, upon such other person; or ( c ) upon the occupier or owner of the premises in or on which such fire hazard exists, a written notice requiring the person to abate the fire hazard within the period specified in the notice, and to do all such things as may be necessary for that purpose, and to take all steps necessary to prevent the recurrence of such fire hazard. (2) The notice may, if the Commissioner thinks fit, specify any works to be executed for the purposes mentioned in subsection (1). (3) The notice may, if the Commissioner thinks fit, require the person on whom the notice is served under subsection (1) to submit, within the period specified in the notice, a fire hazard mitigation plan to prevent such fire hazard from recurring in or on the premises. [14/2013] (4) Where the person by reason of whose act, default or sufferance a fire hazard arose or continues cannot be found and it is clear that the fire hazard neither arose nor continues by reason of any act, default or sufferance on the part of the occupier or owner of the premises in or on which it exists, the Commissioner may abate the fire hazard and may do what is necessary to prevent a recurrence thereof. (5) Where a fire hazard abatement notice has been served on any person under subsection (1) and that person — ( a ) fails to comply with any of the requirements within the time specified in the notice; or ( b ) fails to take such steps as are specified in the notice to prevent the recurrence of the fire hazard, the person shall, whether or not an order under section 31 has been made in respect of him, be guilty of an offence. [13


document_id: fsa-1993
provision_ref: s29
chapter: PART 2 - FIRE HAZARD IN PREMISES
section: 29
title: Commissioner may abate fire hazard in emergency
content:
29. —(1) Where a fire hazard abatement notice has been served upon any person under section 28 and if the person on whom the notice has been served fails to comply with any of the requirements of the notice within the time specified in the notice, the Commissioner may, if the Commissioner is satisfied that the fire hazard to which the notice relates — ( a ) constitutes an immediate or substantial danger of fire in or on the premises; or ( b ) is likely, if fire breaks out in or on the premises, to increase the normal risk to life which occurs in the event of a fire, cause to be carried out in or on the premises such work, including the removal and seizure of any property causing the fire hazard, as appears to the Commissioner to be necessary to abate the fire hazard and to prevent a recurrence of the fire hazard. (2) The Commissioner may recover the expenses incurred under subsection (1), from the person on whom the notice has been served. [14


document_id: fsa-1993
provision_ref: s30
chapter: PART 2 - FIRE HAZARD IN PREMISES
section: 30
title: Power to order closure of premises in emergency
content:
30. —(1) The Commissioner may, if the Commissioner is satisfied of the matters specified in section 29 and that it is necessary for the safety of persons that the premises should be closed immediately — ( a ) order the owner or occupier of the premises to close the premises immediately for such period not exceeding 72 hours as is specified in that order and as the Commissioner considers necessary for the alleviation of the danger in question; or ( b ) if an order referred to in paragraph ( a ) cannot for any reason be given to the owner or occupier of the premises or if such an order, having been given to that owner or occupier, is not immediately obeyed, close the premises for such period not exceeding 72 hours as the Commissioner considers necessary for the alleviation of the danger in question, using such force as is reasonably necessary for the removal from the premises of persons therein without doing them bodily harm. [14/2013] (2) The Commissioner may exercise the powers under subsection (1)( a ) or ( b ) in respect of the occurrence of a fire hazard, whether or not the fire hazard has been abated since the service of a fire hazard abatement notice on the owner or occupier of the premises under section 28, if — ( a ) within the 24 months immediately before that fire hazard arose, the same owner or occupier of the premises (as the case may be) had been convicted of any combination of 3 or more offences under subsection (10) or section 28(5), 31(5) or 32(4) in respect of the premises, whether or not any of those offences related to a fire hazard similar to that fire hazard; ( b ) the Commissioner is satisfied that it is necessary for the safety of persons for the premises to be closed immediately; and ( c ) the Commissioner has not previously exercised the powers under this subsection in respect of the same occurrence of the fire hazard. [14/2013] (3) The period of 24 months mentioned in subsection (2)( a ) must not start on a date earlier than 1 September 2013. [14/2013] (4) The Commissioner giving an order under subsection (1) or (2) must do so — ( a ) in writing served on the owner or occupier of the premises in question; or ( b ) orally, in which case the Commissioner must, as soon as is practicable thereafter, serve on the owner or occupier of the premises in question confirmation in writing of the contents of that order and of the time and place at which that order was so given, and must cause a copy of that order or confirmation (as the case requires) to be affixed to those premises in a conspicuous position. [14/2013] (5) The Commissioner may, if he or she considers that the danger to which an order given under subsection (1) or (2) relates has been alleviated, rescind that order. [14/2013] (6) Any police officer may, if requested by the Commissioner or an authorised officer to do so, assist the Commissioner or authorised officer in the exercise of any power conferred on the Commissioner by this section. (7) If the Commissioner or an authorised officer considers that a danger in relation to which he or she has exercised the power conferred on him or her by subsection (1) or (2) cannot be, or has not been, alleviated within a period of 72 hours mentioned in subsection (1), he or she must, having given such prior notice of his or her intention to do so to the owner or occupier of the premises in question as is practicable in the circumstances, apply to a Magistrate’s Court for an order directing the owner or occupier to close or keep closed (as the case requires) those premises for such period as the Court considers necessary for the alleviation of that danger. [14/2013] (8) A Magistrate’s Court may, on an application made to the Court under subsection (7), grant, subject to such conditions as the Court thinks fit to impose, the order sought by the application. (9) If an application is made to a Magistrate’s Court under subsection (7) while the premises in question are closed under subsection (1) or (2), that closure continues until the application is finally determined or is withdrawn. [14/2013] (10) Any person who, without reasonable excuse, fails to comply with any closing order given by the Commissioner under subsection (1) or (2) or the order made by the Magistrate’s Court under subsection (8) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [14/2013] (11) In considering whether it is necessary for the safety of persons for the premises to be closed immediately or whether a danger has been alleviated, in relation to the application of this section to a fire hazard, the Commissioner or the Magistrate’s Court (as the case may be) may consider whether — ( a ) that fire hazard is likely to recur in or on the premises; and ( b ) that fire hazard, if it were to recur in or on the premises, would — (i) constitute an immediate or substantial danger of fire in or on the premises; or (ii) be likely, if a fire breaks out in or on the premises, to increase the normal risk to life which occurs in the event of a fire. [15 [14/2013]


document_id: fsa-1993
provision_ref: s31
chapter: PART 2 - FIRE HAZARD IN PREMISES
section: 31
title: Fire hazard order
content:
31. —(1) Where a fire hazard abatement notice is served on any person, and if — ( a ) that person fails to comply with any of the requirements of the notice within the time specified in the notice; or ( b ) the fire hazard, although abated since the service of the notice, is, in the opinion of the Commissioner, likely to recur in or on the same premises, the Commissioner may make a complaint to a Magistrate’s Court and the Court hearing the complaint may grant or refuse to grant a fire hazard order. (2) A fire hazard order mentioned in subsection (1) may be — ( a ) an abatement order, that is to say, an order which requires a person to comply with all or any of the requirements of a fire hazard abatement notice in connection with which the order is made, or otherwise to abate the fire hazard or to do what may be necessary to prevent the recurrence of the fire hazard within the period specified in the order; ( b ) a prohibition order, that is to say, an order which prohibits the use of any premises for such activities as are specified in the order which activities may materially increase the likelihood of fire or danger to life or property resulting from the outbreak of fire in or on the premises; ( c ) a closing order, that is to say, an order authorising the closure of any premises which are likely to be a danger to life or property in the event of fire; or ( d ) a combination of such orders. (3) An abatement order or a prohibition order must, if the person in respect of whom the order is made so requires or if the Magistrate’s Court making the order considers it desirable, specify the works to be executed by such person for the purpose of abating, or of preventing the recurrence of, the fire hazard to which the order relates. (4) A Magistrate’s Court, if satisfied that any premises in respect of which a prohibition order or a closing order granted under section 30(8) or this section is in force have been rendered suitable for the use specified in the order, may, on application by the Commissioner or the owner or occupier of the premises, declare that it is so satisfied and revoke the prohibition order or closing order. (5) Any person in respect of whom a fire hazard order is made who, without reasonable excuse, fails to comply with the order shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; or ( b ) where the offence involves failure to comply with a closing order, to a fine not exceeding $100,000 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 $1,000 for every day or part of a day during which the offence continues after conviction. [14/2013] (6) Without prejudice to subsection (5), where a fire hazard order has not been complied with, the Commissioner may abate the fire hazard and may do whatever may be necessary in the execution of the order, and may recover any expenses reasonably incurred thereby from the person against whom the order was made. [16


document_id: fsa-1993
provision_ref: s32
chapter: PART 2 - FIRE HAZARD IN PREMISES
section: 32
title: Provision as to appeal against order
content:
32. —(1) Where a person appeals to the General Division of the High Court against a fire hazard order, the fire hazard order is suspended pending the determination or abandonment of the appeal. [14/2013; 40/2019] (2) If the fire hazard order has not been quashed on appeal, the period for compliance with the requirements of the fire hazard order starts to run on the determination or abandonment of the appeal. [14/2013] (3) There is no appeal to the General Division of the High Court against a fire hazard order, unless it is or includes a closing order or requires the execution of structural works. [40/2019] (4) If the appeal against a fire hazard order is dismissed or is abandoned, then despite subsections (1) and (2), the appellant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day during the period prior to the dismissal or abandonment of the appeal when the fire hazard order was not complied with. [14/2013] (5) A fine under subsection (4) is not payable if the appellant satisfies the court before which proceedings are taken for the imposition of the fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay. [14/2013] (6) In the event of an appeal against a fire hazard order, no work, except as mentioned in subsection (7), may be done under section 31(6) under the order until after the determination or abandonment of the appeal. (7) If the court by which the order was made is of the opinion that the nature of the fire hazard is such as to require immediate abatement, the court may, even though the appeal is pending, authorise the Commissioner immediately to abate the hazard. (8) Despite subsection (7) — ( a ) if the appeal is allowed, the Commissioner must pay to the person against whom the order was made the amount of any damage sustained by the person by reason of the abatement of the hazard by the Commissioner; and ( b ) if the appeal is dismissed or abandoned, the Commissioner may recover from such person the expenses incurred by the Commissioner in abating the hazard in the manner provided for in section 34. [17


document_id: fsa-1993
provision_ref: s33
chapter: PART 2 - FIRE HAZARD IN PREMISES
section: 33
title: Property and materials seized or removed by Commissioner in abating fire hazard
content:
33. —(1) Any property or materials seized or removed by the Commissioner in abating or doing what is necessary to prevent the recurrence of a fire hazard under this Act or in enforcing any regulations made under this Act, may be confiscated by the Commissioner or may, on application by the owner within 2 weeks of such seizure or removal, be returned to the owner on such terms and conditions as the Commissioner thinks fit. (2) Any property or materials confiscated by the Commissioner under subsection (1) may be sold or disposed of in such manner as the Minister may direct. (3) The money arising from the sale of any property under subsection (2) may be retained by the Commissioner and applied in payment of the expenses incurred by the Commissioner in connection with the abatement of the fire hazard and the surplus (if any) must be paid — ( a ) to the owner of such property if the owner applies therefor within 12 months of the date of the sale; or ( b ) into the Consolidated Fund if, or to the extent to which, the surplus is not disposed of under paragraph ( a ). [18


document_id: fsa-1993
provision_ref: s34
chapter: PART 2 - FIRE HAZARD IN PREMISES
section: 34
title: Recovery of costs and expenses by Commissioner
content:
34. —(1) If all and any sums payable by or recoverable from the owner in respect of costs and expenses incurred by the Commissioner in or about the execution of any work which are under this Act recoverable from the owner of any premises are not paid by the owner within 14 days after demand, such sums may be reported to a District Court or a Magistrate’s Court and recovered in the same manner as if it were a fine imposed by a District Court or a Magistrate’s Court, as the case may be. (2) An appeal lies to the General Division of the High Court from any decision of a District Court or a Magistrate’s Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals. [40/2019] (3) The person liable to pay any sum under subsection (1) is the owner at the time when the work was completed. (4) Any occupier who, when requested by or on behalf of the Commissioner to state the name of the owner of the premises, refuses or wilfully omits to disclose or wilfully misstates the same shall, unless the occupier shows cause to the satisfaction of a District Court or a Magistrate’s Court for the occupier’s refusal or misstatement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [19


document_id: fsa-1993
provision_ref: s35
chapter: PART 3 - FIRE PREVENTION IN BUILDINGS
section: 35
title: Fire certificate
content:
35. —(1) This section applies only to buildings or classes of buildings that the Minister, by notification in the Gazette , designates. [22/2019] (2) A person must not — ( a ) occupy or use a building; or ( b ) permit a building owned or managed by the person to be occupied or used, unless there is a fire certificate authorising the occupation or use. [22/2019] (3) An application for a fire certificate for a building must be made in accordance with regulations made under this Act. [22/2019] (4) Any person who contravenes subsection (2) shall be guilty of an offence. [22/2019] (5) In a prosecution for an offence under subsection (4) in relation to the use or occupation of a building, it is not necessary for the prosecution to prove that the defendant knew that there was no fire certificate authorising the use or occupation of the building. [22/2019] (6) The offence under subsection (4) is a strict liability offence. [20 [22/2019]


document_id: fsa-1993
provision_ref: s36
chapter: PART 3 - FIRE PREVENTION IN BUILDINGS
section: 36
title: Order to install fire safety measures
content:
36. —(1) Where the Commissioner is of the view that the provision or installation of a fire safety measure in any building is necessary for public safety, the Commissioner may, by written order given to the owner of the building, require the owner to provide or install, at the owner’s expense, the fire safety measure within the time specified in the written order. [22/2019] (2) To avoid doubt, a requirement may be given under subsection (1) whether or not the owner is carrying out or proposing to carry out any fire safety works in relation to that building. [22/2019] (3) Any owner of a building who fails to comply with any requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [22/2019] (4) The offence under subsection (3) is a strict liability offence. [22/2019] (5) Any owner of a building who is aggrieved by the Commissioner’s requirement under subsection (1) may, within 14 days after being notified of the written order, appeal to the Minister. [20A [22/2019]


document_id: fsa-1993
provision_ref: s37
chapter: PART 3 - FIRE PREVENTION IN BUILDINGS
section: 37
title: Emergency Response Plan
content:
37. —(1) The Minister may, by notification in the Gazette , designate any premises or class of premises for which an Emergency Response Plan must be provided. [14/2013] (2) Such Emergency Response Plan must conform to such requirements as may be prescribed in any regulations made under this Act, and such requirements may differ for different classes of premises. [14/2013] (3) The owner or occupier of the premises is responsible for the preparation and execution of the Emergency Response Plan, including the distribution of the Emergency Response Plan to the occupants of such premises. [14/2013] (4) The owner or occupier of the premises must organise and conduct evacuation drills on an annual basis or at such frequency or upon such occasion as may be directed by the Commissioner. (5) The Commissioner may direct the owner or occupier of the premises to do any of the following: ( a ) implement fire safety programmes for occupants of the premises, within the time specified in the direction; ( b ) maintain records of fire safety programmes conducted for the premises, for the period specified in the direction. [22/2019] (6) Any person who contravenes subsection (2), (3) or (4), or who, without reasonable excuse, fails to comply with a direction of the Commissioner under subsection (5), shall be guilty of an offence. [22/2019] (7) Unless otherwise prescribed under this Act, this Act applies to a fire emergency plan prepared before 1 September 2013 in like manner as it applies to an Emergency Response Plan. [21 [14/2013]


document_id: fsa-1993
provision_ref: s38
chapter: PART 3 - FIRE PREVENTION IN BUILDINGS
section: 38
title: Fire safety managers and Company Emergency Response Teams
content:
38. —(1) The Minister may, by notification in the Gazette , specify any premises or class of premises in which the owner or occupier of the premises is required to appoint fire safety managers and Company Emergency Response Teams in respect of such premises or class of premises. [14/2013] (2) The owner or occupier of the premises must ensure that the fire safety measures and fire safety practices of such premises comply with the requirements of this Act. [14/2013] (3) The fire safety manager and Company Emergency Response Team of the premises must — ( a ) assist the owner or occupier of the premises in the performance of the owner or occupier’s duties under this Act; and ( b ) perform such duties with respect to the premises as may be prescribed. [22/2019] (4) If the Commissioner is satisfied that any particular premises mentioned in subsection (1) are at-risk premises, the Commissioner may, by written notice given to the owner or occupier of the particular premises, require the owner or occupier to do all or any of the following: ( a ) establish and maintain for the particular premises a Company Emergency Response Team comprising a specified number of members that is higher than the number prescribed; ( b ) provide the Company Emergency Response Team for the particular premises with such additional pieces or types of fire safety equipment as the Commissioner considers necessary for the premises, in addition to that prescribed; ( c ) notify the Commissioner of any intended change in ownership or occupancy of the particular premises at least 14 days before the change in ownership or occupancy is to take effect. [22/2019] (5) Premises are at‑risk premises for the purposes of subsection (4) where — ( a ) the risk of fire occurring in or spreading in or from the particular premises is higher than that for other premises in general; or ( b ) the age, physical ability or such other characteristics of the individuals who occupy or frequent the particular premises render escape by these individuals in the event of fire more difficult. [22/2019] (6) Any person who contravenes subsection (2) or (3) or fails to comply with the Commissioner’s written notice under subsection (4) shall be guilty of an offence. [22/2019] (7) In a prosecution for an offence under subsection (6), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. [22/2019] (8) The offence under subsection (6) is a strict liability offence. [22 [22/2019]


document_id: fsa-1993
provision_ref: s39
chapter: PART 3 - FIRE PREVENTION IN BUILDINGS
section: 39
title: Extension of time
content:
39. —(1) The Commissioner may do all or any of the following: ( a ) extend the period for doing anything under this Part (including in a direction or a written notice given under this Part); ( b ) shorten the period of an extension granted under paragraph ( a ); ( c ) impose conditions for an extension granted under paragraph ( a ). [22/2019] (2) Any owner or occupier of a building who is aggrieved by the Commissioner’s decision to shorten the period of an extension under subsection (1)( b ) to do anything in relation to the building may appeal to the Minister within 14 days after being notified of the Commissioner’s decision. [22AA [22/2019]


document_id: fsa-1993
provision_ref: s40
chapter: PART 3 - FIRE PREVENTION IN BUILDINGS
section: 40
title: Meaning of owner or occupier in this Part
content:
40. In this Part, where a building or premises is a building erected on land comprised in a strata subdivision plan approved by the competent authority, references to the owner or occupier of the building or premises do not include references to the subsidiary proprietors or tenants of any part of the building or premises. [22AB [22/2019]


document_id: fsa-1993
provision_ref: s41
chapter: PART 3A - FIRE SAFETY ENGINEERS
section: 41
title: Duties and responsibilities of fire safety engineers
content:
41. —(1) Subject to the provisions of this Act, a person must not prepare or propose, or hold out or advertise in any way that the person is willing to prepare or propose, plans for any fire safety works using any alternative solution to satisfy any fire performance requirements unless the person is — ( a ) an appropriate qualified person who is also a fire safety engineer; or ( b ) a qualified person preparing or proposing the alternative solution under the direct supervision of a fire safety engineer. [7/2004; 22/2019] (2) Subject to the provisions of this Act, a person who is not a fire safety engineer must not act as a peer reviewer. [7/2004] (3) Where a fire safety engineer prepares or proposes, or supervises the preparation or proposal of, any plan for fire safety works using any alternative solution to satisfy any fire performance requirements, he or she must take all reasonable steps and exercise due diligence to ensure that the alternative solution satisfies those fire performance requirements. [7/2004] (4) Where a fire safety engineer is appointed as a peer reviewer to review and assess whether any alternative solution satisfies any fire performance requirements, the peer reviewer must not issue any certification under section 55(5)( a )(iii) unless he or she has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his or her certification is being sought satisfies those fire performance requirements. [7/2004] (5) Subject to the provisions of this Act, a peer reviewer must not, at any time when reviewing and assessing whether any alternative solution used in any plan for any fire safety works satisfies any fire performance requirements, have any professional or financial interest in — ( a ) the fire safety works or the building works in respect of which his or her duties and responsibilities as peer reviewer are to be carried out; or ( b ) the building or relevant pipeline, or any part thereof, to which the fire safety works relate. [7/2004; 14/2013] (6) A peer reviewer is regarded as having a professional or financial interest in any fire safety works or building works, or in any building or relevant pipeline, or any part thereof, if — ( a ) the peer reviewer is or has been responsible for, or is acting as the consultant for, the design or construction of the building or relevant pipeline or any of the fire safety works in any capacity; ( b ) the peer reviewer, or any nominee of the peer reviewer, is a member, officer or employee of a company or other body which has a professional or financial interest in the building or relevant pipeline, or any part thereof, or in the building works or fire safety works; or ( c ) the peer reviewer is a partner or is in the employment of a person who has a professional or financial interest in the building or relevant pipeline, or any part thereof, or in the building works or fire safety works. [7/2004; 14/2013] (7) For the purposes of this section — ( a ) a person is regarded as having a professional or financial interest in the building or relevant pipeline, or any part thereof, or in any building works or fire safety works, even if the person has that interest only as a trustee for the benefit of some other person; and ( b ) in the case of a husband and wife living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other. [7/2004; 14/2013] (8) To avoid doubt — ( a ) involvement in the fire safety works as a peer reviewer; and ( b ) entitlement to any fee paid for acting as a peer reviewer, are not regarded as constituting a professional or financial interest. [7/2004] (9) Any person who contravenes subsection (1) or (2) shall be guilty of an offence. [7/2004] (10) Any fire safety engineer who contravenes subsection (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both. [22A [7/2004; 22/2019]


document_id: fsa-1993
provision_ref: s42
chapter: PART 3A - FIRE SAFETY ENGINEERS
section: 42
title: Registration of fire safety engineers
content:
42. —(1) An application for registration as a fire safety engineer must be made to the Commissioner in such form and manner, and be accompanied by such documents, particulars and fee, as may be prescribed. [7/2004] (2) A person must not be registered as a fire safety engineer unless the person can satisfy the Commissioner that the person possesses the prescribed qualifications and practical experience. [7/2004] (3) The Commissioner may, subject to such conditions as the Commissioner may impose, exempt any person from the requirements in subsection (2) if the Commissioner is satisfied that the person possesses such other qualifications or practical experience as the Commissioner considers adequate to enable that person to effectively carry out that person’s duties and responsibilities as a fire safety engineer under this Act. [14/2013] (4) The Commissioner may — ( a ) appoint a committee of persons to assist the Commissioner in considering applications for registration as fire safety engineers; and ( b ) by himself or herself or through the committee appointed under paragraph ( a ), interview the applicants and make such enquiries or do anything which the Commissioner may think necessary or expedient for the purposes of subsections (2) and (5). [7/2004] (5) The Commissioner may refuse to register any applicant who, in the Commissioner’s opinion — ( a ) is not of good character and reputation; or ( b ) is unable to effectively carry out his or her duties and responsibilities as a fire safety engineer under this Act. [7/2004; 14/2013] (6) Any person whose application for registration has been refused may, within 14 days after receiving notice of such refusal, appeal to the Minister. [7/2004; 22/2019] (7) The Commissioner must issue a certificate of registration to every person registered as a fire safety engineer. [22B [7/2004]


document_id: fsa-1993
provision_ref: s43
chapter: PART 3A - FIRE SAFETY ENGINEERS
section: 43
title: Disciplinary action against fire safety engineers
content:
43. —(1) Where the Commissioner is satisfied that the fire safety engineer — ( a ) has been convicted of any offence under this Act, or any other offence involving fraud or dishonesty; ( b ) has obtained his or her registration under this Act by fraud or misrepresentation; ( c ) has his or her qualification for registration withdrawn or cancelled by the institution or authority through which it was acquired or by which it was awarded; ( d ) has contravened section 41(3), (4) or (5); ( e ) has not complied with the prescribed requirements relating to such continuing professional education programme for a fire safety engineer, or has failed to submit records relating thereto, as the Commissioner may require; ( f ) is no longer in a position to effectively carry out his or her duties or responsibilities as a fire safety engineer or peer reviewer under this Act; ( g ) has his or her registration as a registered inspector cancelled or has been suspended from practice as a registered inspector, where the fire safety engineer is also a registered inspector; ( h ) has for any reason ceased to be a qualified person, where the fire safety engineer is also a qualified person; or ( i ) has not complied with any condition of his or her registration, the Commissioner may, after giving the fire safety engineer concerned a reasonable opportunity of being heard, either orally or in writing, exercise any of the powers in subsection (2). [7/2004; 14/2013] (2) The powers the Commissioner may exercise under subsection (1) in relation to a fire safety engineer are as follows: ( a ) cancel the registration of the fire safety engineer; ( b ) suspend the registration of the fire safety engineer for a period not exceeding 12 months; ( c ) impose such conditions as are necessary to restrict the practice of the fire safety engineer for a period not exceeding 12 months, including any condition requiring the fire safety engineer to undergo further training, to practise only under supervision or to cease acting as a peer reviewer; ( d ) require the fire safety engineer to give such undertaking as the Commissioner thinks fit; ( e ) impose on the fire safety engineer a penalty not exceeding $5,000; ( f ) censure the fire safety engineer in writing; ( g ) dismiss the complaint against the fire safety engineer; or ( h ) make such other orders as the Commissioner thinks fit. [7/2004] (3) Where a fire safety engineer in respect of whom any conditions have been imposed, or any undertaking is required to be given, under subsection (2)( c ) or ( d ) fails to comply with any of the conditions or breaches his or her undertaking, or the fire safety engineer fails to pay the penalty under subsection (2)( e ), the Commissioner may, if the Commissioner thinks fit, after giving the fire safety engineer concerned a reasonable opportunity of being heard either orally or in writing, by order — ( a ) cancel the registration of the fire safety engineer; or ( b ) suspend the registration of the fire safety engineer for such period not exceeding 12 months as may be specified in the order. [7/2004] (4) The Commissioner may, by written notice served on the fire safety engineer concerned, vary or revoke any of the conditions imposed on the fire safety engineer under subsection (2)( c ). [7/2004] (5) Any decision of the Commissioner under subsection (2), (3) or (4) in relation to a fire safety engineer does not take effect until the 15th day after the date on which the decision is communicated to the fire safety engineer concerned. [22/2019] (6) Any person against whom the Commissioner has made any decision under subsection (2), (3) or (4) may, if aggrieved by the decision, appeal to the Minister within a period of 14 days after receiving notice of such decision. [7/2004] (7) Any penalty imposed on a fire safety engineer under subsection (2)( e ) is recoverable as a debt due from the fire safety engineer. [7/2004] (8) In any proceedings under this section and section 44 against a fire safety engineer consequent upon his or her conviction for an offence, the Commissioner and an Inquiry Committee must accept his or her conviction as final and conclusive. [22C [7/2004; 14/2013]


document_id: fsa-1993
provision_ref: s44
chapter: PART 3A - FIRE SAFETY ENGINEERS
section: 44
title: Inquiry Committee
content:
44. —(1) The Commissioner may constitute an Inquiry Committee and refer a complaint or information to the Committee to investigate — ( a ) if the Commissioner receives any written complaint against or any written information about the conduct of a fire safety engineer as a peer reviewer or otherwise, or the discharge of his or her duties as a fire safety engineer or peer reviewer; or ( b ) on his or her own motion, if the Commissioner reasonably suspects that there may be grounds for disciplinary action against the fire safety engineer. [14/2013] (2) An Inquiry Committee must consist of — ( a ) a chairperson; ( b ) 2 fire safety engineers who are not members of the Force; and ( c ) 2 other members who are members of the Force, all of whom must be appointed by the Commissioner from the Fire Safety Engineers Inquiry Panel constituted under section 45. [7/2004; 14/2013] (3) An Inquiry Committee must — ( a ) within a reasonable time of its constitution, commence its inquiry into the complaint against or information referred to it by the Commissioner under subsection (1); and ( b ) submit to the Commissioner a written report of its findings and its recommendations not later than 6 months after its constitution, or such later date as the Commissioner may, in any special case, permit. [7/2004; 14/2013] (4) The Commissioner may, for the purposes of exercising the Commissioner’s powers under section 43(1) in respect of a fire safety engineer, consider the findings and recommendations of any Inquiry Committee constituted to investigate any complaint against or information about that fire safety engineer. [14/2013] (5) Where the complainant withdraws the complaint before the Inquiry Committee is constituted or before the inquiry by the Committee is concluded, the Commissioner may, despite such withdrawal, constitute an Inquiry Committee and direct it to investigate, or may direct the Inquiry Committee to continue with its inquiry, into the matter, and the Inquiry Committee must comply with that direction. [7/2004; 14/2013] (6) Where an Inquiry Committee is of the opinion that a fire safety engineer should be called upon to answer any allegation made against him or her, the Inquiry Committee must — ( a ) post or deliver to the fire safety engineer concerned — (i) copies of any complaint or information touching upon his or her conduct, including any statutory declaration or affidavit that may be made in support of the complaint or information; and (ii) a notice inviting him or her to give, within such period (being at least 14 days) as may be specified in the notice, to the Inquiry Committee any written explanation he or she may wish to offer and to advise the Committee if he or she wishes to be heard by the Committee; ( b ) allow the time specified in the notice to elapse; ( c ) give the fire safety engineer concerned a reasonable opportunity to be heard if he or she so desires; and ( d ) give due consideration to any explanation (if any) given by the fire safety engineer concerned. [7/2004; 14/2013] (7) For the purposes of any inquiry into any complaint or information referred to it under subsection (1), an Inquiry Committee may — ( a ) require evidence to be given on oath and for that purpose, the chairperson of the Inquiry Committee may administer an oath; ( b ) require any person to attend and give evidence before it, and to produce all plans, books, documents or papers in the possession of, or under the control of, that person relating to the subject matter of the inquiry; or ( c ) appoint any person to make or assist in the making of such preliminary inquiries as the Inquiry Committee thinks fit. [7/2004; 14/2013] (8) Any person who, without lawful excuse, refuses or fails to — ( a ) attend and give evidence before an Inquiry Committee when required to do so by the Committee; ( b ) answer truly and fully any question put to the person by a member of the Inquiry Committee; or ( c ) produce to an Inquiry Committee any plan, book, document or paper required by the Committee to be produced by him, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [7/2004; 14/2013] (9) An Inquiry Committee may meet from time to time and, subject to the provisions of this Act, may regulate its own procedure and the manner in which questions are decided before the Inquiry Committee. [7/2004; 14/2013] (10) References in this Act or any other written law to an Inquiry Committee constituted under this section include references to an Investigation Committee constituted under this section before 1 September 2013. [22D [14/2013]


document_id: fsa-1993
provision_ref: s45
chapter: PART 3A - FIRE SAFETY ENGINEERS
section: 45
title: Fire Safety Engineers Inquiry Panel
content:
45. —(1) There is to be a Fire Safety Engineers Inquiry Panel for the purpose of constituting Inquiry Committees under section 44 to investigate into any complaint against or information about the conduct of any fire safety engineer as a peer reviewer or otherwise, or the discharge of his or her duties as a fire safety engineer or peer reviewer. [7/2004; 14/2013] (2) The Fire Safety Engineers Inquiry Panel comprises — ( a ) such number of fire safety engineers who are not members of the Force as the Commissioner may determine; and ( b ) such number of members of the Force as the Commissioner may determine. [7/2004; 14/2013] (3) Every member of the Fire Safety Engineers Inquiry Panel is to be appointed by the Minister for a term of 2 years, and is eligible for re‑appointment. [7/2004; 14/2013] (4) The Minister may at any time remove any person from the Fire Safety Engineers Inquiry Panel and fill any vacancy in its membership. [7/2004; 14/2013] (5) Any member of the Fire Safety Engineers Inquiry Panel whose term of appointment expires in the course of any inquiry by an Inquiry Committee to which the member has been appointed continues as a member of that Committee until the Committee’s written report of the inquiry is submitted to the Commissioner under section 44(3)( b ). [7/2004; 14/2013] (6) Each person who, immediately before 1 September 2013, is a member of the Fire Safety Engineers Discipline Panel appointed under this section is deemed to have been appointed as a member of the Fire Safety Engineers Inquiry Panel for a term expiring on the date when the person’s term would have expired if section 24 of the Fire Safety (Amendment) Act 2013 had not been enacted. [22E [14/2013]


document_id: fsa-1993
provision_ref: s46
chapter: PART 3A - FIRE SAFETY ENGINEERS
section: 46
title: Register of fire safety engineers
content:
46. —(1) The Commissioner must keep and maintain at the Commissioner’s office a register of fire safety engineers, in which must be entered the names of all persons registered as fire safety engineers, the qualifications by virtue of which they are each so registered and such other particulars in relation to the person as may from time to time be determined by the Commissioner. [7/2004] (2) The name and particulars of a fire safety engineer — ( a ) who has died; or ( b ) who has no address in Singapore at which he or she can be found, must be removed from the register of fire safety engineers. [7/2004] (3) In addition, once any decision of the Commissioner under section 43 to cancel or suspend the registration of any fire safety engineer takes effect — ( a ) the Commissioner must remove the name and particulars of the fire safety engineer concerned from the register of fire safety engineers and, as soon as it may be practicable, notify the fire safety engineer concerned; ( b ) the fire safety engineer concerned must, within 7 days of being so notified, surrender to the Commissioner the certificate of registration issued to him or her; and ( c ) the Commissioner must cancel any certificate of registration issued to the fire safety engineer concerned. [7/2004; 14/2013] (4) While the registration of a fire safety engineer is suspended under section 43, the person’s name must not appear in the register of fire safety engineers, but at the end of the period of suspension, the Commissioner must, within 7 days of that period ending, restore the person’s name and particulars to the register of fire safety engineers and re‑issue to him or her a fresh certificate of registration, without the payment of any fee. [7/2004] (5) Any fire safety engineer may apply, in the prescribed form and manner, to the Commissioner to have his or her name removed from the register of fire safety engineers. [7/2004] (6) The Commissioner must refuse any application by a fire safety engineer to remove his or her name from the register of fire safety engineers if the Commissioner is satisfied that at the time of the application — ( a ) disciplinary action under section 43 is pending against the fire safety engineer; or ( b ) the conduct of the fire safety engineer (whether as a peer reviewer or otherwise) is the subject of any complaint to or information received by the Commissioner. [22F [7/2004]


document_id: fsa-1993
provision_ref: s47
chapter: PART 3B - ALARM MONITORING SERVICES
section: 47
title: Interpretation of this Part
content:
47. In this Part, unless the context otherwise requires — “alarm monitoring service” means the service consisting of monitoring signals from any alarm system installed in or for a building for the purpose of fire safety and for transmission to the Force; “alarm monitoring station” means any building at which an alarm monitoring service is carried out; “communication link” means the part of an alarm monitoring system that transmits a signal from the system to an alarm monitoring network; “licensing officer” means the Commissioner or such other public officer that the Commissioner appoints, by name or office, to assist the Commissioner in carrying out the Commissioner’s functions and duties under this Part; “responsible officer”, in relation to an applicant for a licence or a licensee, means — ( a ) where the applicant or licensee is a partnership — a partner of the partnership; ( b ) where the applicant or licensee is an unincorporated association — a member of the governing body of the unincorporated association; and ( c ) where the applicant or licensee is a company or other body corporate — a director of the company or an officer holding a managerial or similar executive position in the body corporate. [22G [22/2019]


document_id: fsa-1993
provision_ref: s48
chapter: PART 3B - ALARM MONITORING SERVICES
section: 48
title: Licence required to carry on business of providing alarm monitoring services
content:
48. —(1) A person must not carry on a business of providing alarm monitoring services at a building to be used as an alarm monitoring station unless the person is authorised to do so at that building by a licence under section 50. [22/2019] (2) A person must not advertise or otherwise hold out that the person is carrying on a business of providing alarm monitoring services at a building to be used as an alarm monitoring station unless the person is authorised to carry on such a business at that building by a licence under section 50. [22/2019] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence. [22/2019] (4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. [22/2019] (5) The offence under subsection (3) is a strict liability offence. [22H [22/2019]


document_id: fsa-1993
provision_ref: s49
chapter: PART 3B - ALARM MONITORING SERVICES
section: 49
title: Application for grant or renewal of licence
content:
49. —(1) An application for the grant or renewal of a licence must be — ( a ) made to the licensing officer in the form or manner that the licensing officer requires; and ( b ) accompanied by — (i) the particulars, information and documents that the licensing officer requires; and (ii) the prescribed fee, if any. [22/2019] (2) If a person intends to carry on the business of providing alarm monitoring services at more than one alarm monitoring station, a separate application must be made in respect of each alarm monitoring station. [22/2019] (3) The licensing officer may, in order to properly consider an application under subsection (1), request the applicant to provide, within a specified time, any additional information. [22/2019] (4) The licensing officer may refuse to consider an application relating to a proposed alarm monitoring service in the following circumstances: ( a ) the application is incomplete or otherwise not made in accordance with this section; ( b ) in the case of an application for the grant of a licence, the alarm monitoring system provided or to be provided by the applicant cannot be connected, or be converted to be connected, to the alarm monitoring network kept by the Force; ( c ) in the case of an application to renew a licence, the application is submitted less than 2 months before the expiry of the licence. [22I [22/2019]


document_id: fsa-1993
provision_ref: s50
chapter: PART 3B - ALARM MONITORING SERVICES
section: 50
title: Grant of licence
content:
50. —(1) After considering an application for the grant or renewal of a licence, the licensing officer may — ( a ) grant the licence to carry on a business of providing alarm monitoring services, specifying the alarm monitoring station from which the service is or is to be carried out (called in this Part the licensed alarm monitoring station); or ( b ) refuse the application. [22/2019] (2) A person may be granted more than one licence. [22/2019] (3) The licensing officer may refuse to grant or renew a licence if any of the following applies: ( a ) the building specified in the application to be used as an alarm monitoring station is not suitable to be used as such; ( b ) the applicant is not a fit and proper person to hold a licence; ( c ) it is not in the public interest to grant the licence. [22/2019] (4) For the purposes of determining whether a person is a fit and proper person to hold a licence under subsection (3)( b ), the licensing officer may consider such criteria and requirements as may be prescribed, including criteria and requirements relating to — ( a ) any responsible officer of the applicant; ( b ) any person having substantial interest in, or control or direction over, the business of the applicant; or ( c ) any person having control of or direction over the applicant’s operations at the building to be used as an alarm monitoring station. [22/2019] (5) Any person whose application for the grant or renewal of a licence is refused may, within 14 days after being notified in writing of the refusal, appeal to the Minister. [22J [22/2019]


document_id: fsa-1993
provision_ref: s51
chapter: PART 3B - ALARM MONITORING SERVICES
section: 51
title: Licence conditions
content:
51. In granting a licence, the licensing officer may impose conditions, which may include conditions — ( a ) relating to the operational and technical requirements for the licensed alarm monitoring station; and ( b ) requiring the licensee to establish a communication link from the alarm monitoring system used in the licensed alarm monitoring station to the alarm monitoring network kept by the Force, in the manner specified. [22K [22/2019]


document_id: fsa-1993
provision_ref: s52
chapter: PART 3B - ALARM MONITORING SERVICES
section: 52
title: Modifying conditions of licence
content:
52. —(1) The licensing officer may, in accordance with this section, modify the conditions of a licence without compensating the licensee to whom the licence is granted. [22/2019] (2) Before modifying any conditions of a licence, the licensing officer must give notice to the licensee concerned — ( a ) stating the modification that the licensing officer proposes to make; and ( b ) specifying the time within which the licensee may make written representations to the licensing officer with respect to the proposed modification. [22/2019] (3) The time specified by the licensing officer in the notice given under subsection (2) must not be less than 14 days after the date of the notice. [22/2019] (4) Despite subsection (3), the licensing officer may specify a time, being less than 14 days after the date of the notice mentioned in subsection (2), if the licensing officer is of the opinion that it is in the public interest for the licence conditions to be modified as soon as possible. [22/2019] (5) On receipt of any written representation made in accordance with this section by the licensee concerned, the licensing officer must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in the manner that the licensing officer thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. [22/2019] (6) Where — ( a ) the licensing officer rejects any written representation under subsection (5)( a ); ( b ) the licensing officer amends any proposed modification to the conditions of the licence under subsection (5)( b ); or ( c ) no written representation is received by the licensing officer within the time specified by the licensing officer, or any written representation made by the licensee is subsequently withdrawn, and the licensee has not given immediate effect to the modification, the licensing officer must give a direction to the licensee requiring the licensee (within the time specified in the direction) to give effect to the modification as specified in the notice given under subsection (2), or as amended by the licensing officer, as the case may be. [22/2019] (7) Where the licensing officer has given a direction mentioned in subsection (6) to a licensee, the licensee may, within 14 days after the date of the direction, appeal in writing to the Minister against the direction. [22/2019] (8) The direction mentioned in subsection (6) takes effect on the date specified in the direction despite an appeal being made to the Minister. [22/2019] (9) In this section, “modification” and “modify”, in relation to the conditions of a licence, include deleting, or varying and substituting a condition, and adding a condition. [22L [22/2019]


document_id: fsa-1993
provision_ref: s53
chapter: PART 3B - ALARM MONITORING SERVICES
section: 53
title: Failure to verify fire, etc., before cancelling request
content:
53. —(1) Where a request is made to the Commissioner to extinguish a fire or protect life and property from a fire, or to contain or mitigate the escape of any petroleum or flammable material, at any building, the licensee providing alarm monitoring services for the building must take all reasonable steps to ascertain that there is no fire or escape of petroleum or flammable material (as the case may be) at the building before cancelling the request. [22/2019] (2) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [22/2019] (3) In this section, “request” includes the transmission, on a communication link, of a signal from an alarm system to the alarm monitoring network kept by the Force. [22M [22/2019]


document_id: fsa-1993
provision_ref: s54
chapter: PART 3B - ALARM MONITORING SERVICES
section: 54
title: Revocation of licence
content:
54. —(1) The licensing officer may revoke a licence if the licensing officer is satisfied that — ( a ) the licensee has contravened any condition of the licence; ( b ) the licence had been obtained by fraud or misrepresentation; ( c ) a circumstance that the licensing officer becomes aware of would have required or permitted the licensing officer to refuse to grant or renew the licensee’s licence, had the licensing officer been aware of the circumstance immediately before the licence was granted or renewed; ( d ) the licensee has ceased to carry on the business of providing alarm monitoring services in respect of which the licence is granted; ( 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 is contravening, or has contravened, any requirement of this Act; ( g ) the licensee has been convicted of any offence under this Act; ( h ) the licensee is no longer a fit and proper person to continue to hold the licence; or ( i ) it is in the public interest to do so. [22/2019] (2) Before revoking the licence, the licensing officer must give notice to the licensee concerned — ( a ) stating that the licensing officer intends to revoke the licence; and ( b ) specifying the time within which written representations may be made to the licensing officer. [22/2019] (3) The time specified by the licensing officer in the notice given under subsection (2) must not be less than 14 days after the date of the notice. [22/2019] (4) Despite subsection (3), the licensing officer may specify a time, being less than 14 days after the date of the notice mentioned in subsection (2), if the licensing officer is of the opinion that it is in the public interest for the licence to be revoked as soon as possible. [22/2019] (5) The licensing officer may, after considering any written representation made by the licensee concerned, revoke the licence and notify the licensee of the revocation. [22/2019] (6) The licensing officer must provide the licensee with the grounds of revocation of the licence, in writing, within 7 days after being so required by the licensee. [22/2019] (7) Any person who is aggrieved by the revocation of the person’s licence may appeal to the Minister — ( a ) within 14 days after being notified of the revocation; or ( b ) if, within the period mentioned in paragraph ( a ), the person requires the licensing officer to provide the grounds of revocation — within 14 days after being provided with the grounds of revocation. [22/2019] (8) A decision of the licensing officer to revoke the licence takes effect despite an appeal against that decision being made to the Minister. [22N [22/2019]


document_id: fsa-1993
provision_ref: s55
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 55
title: Fire safety works
content:
55. —(1) Subject to the provisions of this Act, the person for whom any proposed fire safety works are to be commenced or carried out shall apply in accordance with the regulations made under this Act to the Commissioner for approval of the plans of the fire safety works. [14/2013] (2) Subject to the provisions of this Act, every person for whom any fire safety works (whether as part of any building works or otherwise) are to start on or after 1 July 2004 must, before making an application under subsection (1) for approval of the plans of those fire safety works, appoint — ( a ) where the plans or any part thereof contain any alternative solution — (i) an appropriate qualified person who is a fire safety engineer to prepare those plans or that part thereof containing the alternative solution, or a fire safety engineer to supervise a qualified person to prepare those plans or that part thereof; and (ii) another fire safety engineer as a peer reviewer to review and assess whether the alternative solution therein satisfies the fire performance requirements in the Fire Code; or ( b ) in any other case, an appropriate qualified person to prepare the plans of those fire safety works. [7/2004] (3) The Commissioner may — ( a ) approve, subject to such terms and conditions as the Commissioner may impose, any one or more of the plans submitted to the Commissioner under subsection (1); ( b ) disapprove any of the plans which is not in order; or ( c ) in writing direct the applicant to comply, within such period as may be specified in the direction, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the provisions of this Act. [14/2013] (4) If the person to whom any written direction is given under subsection (3) fails to comply with the requirements specified in the direction within the time specified therein, the Commissioner may reject the plans. (5) Where an application is made under subsection (1) regarding any plans of any fire safety works, the Commissioner may, without checking the plans, approve those plans if — ( a ) in the case of plans mentioned in subsection (2)( a ), the application and plans are accompanied by — (i) a written declaration by the qualified person who prepared those plans declaring that the plans (excluding the alternative solution) have been prepared in accordance with the Fire Code and comply with the provisions of this Act; (ii) a written declaration by the fire safety engineer who prepared or (as the case may be) supervised the preparation of the plans or that part thereof containing the alternative solution, declaring that the alternative solution satisfies the fire performance requirements and complies with the provisions of this Act; and (iii) a certification from the peer reviewer that the alternative solution contained in the plans or that part thereof satisfies the fire performance requirements and complies with the provisions of this Act; or ( b ) in the case of plans mentioned in subsection (2)( b ), the application and plans are accompanied by a written declaration by the qualified person who prepared those plans declaring that the plans have been prepared in accordance with the Fire Code and the provisions of this Act. [7/2004; 14/2013] (6) Despite subsection (5), the Commissioner may, in his or her discretion, carry out random checks on any plans of fire safety works at any time before or after approving the plans under that subsection. (7) The Commissioner may at any time revoke any approval granted in respect of any plans of fire safety works — ( a ) under subsection (3)( a ), if the Commissioner is satisfied that any information given in the application for approval or any document submitted to the Commissioner in respect of the application for approval is false in a material particular; and ( b ) under subsection (5), if the Commissioner is satisfied that the written declaration submitted by the qualified person or fire safety engineer or the certificate of a peer reviewer mentioned in that subsection is false. [7/2004] (8) The Commissioner must not revoke any approval granted in respect of any plans of fire safety works unless — ( a ) the Commissioner has given a written notice to the person for whom the fire safety works are carried out to comply, within such period as may be specified in the notice, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the Fire Code, and any of the provisions of this Act; and ( b ) the person has failed or refused to comply with the requirements specified in the written notice. [14/2013] (9) The requirements mentioned in subsection (8) may include — ( a ) the amendment of any of the approved plans of fire safety works; ( b ) the rectification of the fire safety works; and ( c ) the alteration or demolition of a building or part thereof to which the fire safety works relate. (10) Any person who fails or refuses to comply with any requirement specified in the written notice given by the Commissioner under subsection (8) shall be guilty of an offence. (11) The Commissioner must in writing notify the person for whom the fire safety works are carried out of the Commissioner’s decision — ( a ) to disapprove any plans of fire safety works under subsection (3)( b ); ( b ) to reject any plans of fire safety works under subsection (4); or ( c ) to revoke an approval granted in respect of any plans of fire safety works under subsection (7), and must specify a date, not less than 14 days from the date of the written notification, on which the decision of the Commissioner takes effect. (12) Where a decision of the Commissioner to revoke any approval granted in respect of any plans of fire safety works has taken effect — ( a ) any fire certificate granted under section 35 in respect of any building to which the fire safety works relate; and ( b ) any fire safety certificate or temporary fire permit issued in respect of the fire safety works under section 60, as the case may be, automatically lapses. [7/2004] (13) For the purposes of this section, any plans of any fire safety works that are prepared in accordance with the solutions issued by the Commissioner as in compliance with the fire performance requirements are deemed to satisfy the fire performance requirements. [23 [7/2004]


document_id: fsa-1993
provision_ref: s56
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 56
title: Prohibition of fire safety works without approval of plans
content:
56. —(1) A person must not carry out, or permit or authorise the carrying out of, any fire safety works — ( a ) before the Commissioner has approved all the plans of the fire safety works under section 55; or ( b ) otherwise than in accordance with the plans approved under section 55. [22/2019] (2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [24 [14/2013]


document_id: fsa-1993
provision_ref: s57
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 57
title: Appointment and duties of qualified person
content:
57. —(1) Subject to the provisions of this Act, every person for whom any fire safety works are or are to be carried out must appoint — ( a ) in the case of plans mentioned in section 55(2)( a ) — (i) the same qualified person who prepared those plans to supervise the carrying out of the fire safety works, including the alternative solution, as required under this section; and (ii) the same fire safety engineer who prepared or (as the case may be) supervised the preparation of the plans or that part thereof containing the alternative solution to supervise the carrying out of the fire safety works or part thereof containing the alternative solution as required under this section; or ( b ) in the case of plans mentioned in section 55(2)( b ), the same qualified person who prepared the approved plans of those fire safety works to supervise the fire safety works as required under this section. [7/2004] (2) Where any fire safety works involve the installation of a regulated fire safety product and the qualified person appointed under subsection (1) is not an appropriate qualified person to supervise the installation, every person for whom the fire safety works are or are to be carried out must appoint an appropriate qualified person to supervise the installation of the regulated fire safety product. [22/2019] (3) If any qualified person or fire safety engineer appointed under subsection (1) or (2) or paragraph ( b ) becomes unwilling or unable, whether by reason of the termination of his or her appointment or for any other reason, to carry out his or her duties under subsection (5) — ( a ) the qualified person or fire safety engineer must, within 14 days of his or her ceasing to carry out his or her duties, notify the Commissioner and the person for whom such works are or are to be carried out of the fact; and ( b ) the person for whom the fire safety works are or are to be carried out must cease or cause to be ceased and must not commence or cause to be commenced the carrying out of such work until the person has appointed another appropriate qualified person or fire safety engineer in respect of such works. [7/2004; 22/2019] (4) Where the person for whom any such works are or are to be carried out appoints an appropriate qualified person or fire safety engineer under subsection (3)( b ), the person must, within 7 days of the appointment, notify the Commissioner of the appointment. [7/2004] (5) Every qualified person or fire safety engineer appointed under this section in respect of any fire safety works must — ( a ) take all reasonable steps and exercise due diligence in supervising and inspecting the fire safety works to ensure that such works are being carried out in accordance with the provisions of this Act and subject to section 59, any regulations made under this Act, the codes of practice, the plans approved in respect thereof by the Commissioner and any terms and conditions imposed by the Commissioner; ( b ) notify the Commissioner of any contravention of the provisions of this Act or codes of practice in connection with the fire safety works; and ( c ) submit to the Commissioner at the prescribed times such reports and certificates as may be prescribed in any regulations made under this Act. [7/2004; 14/2013] (6) Any person who contravenes or fails to comply with subsection (1), (2) or (3)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [14/2013; 22/2019] (7) Subject to subsection (9), any qualified person or fire safety engineer who fails to comply with a requirement mentioned in subsection (5)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in respect of a continuing failure to comply with the requirement mentioned in subsection (5)( a ) or ( b ) (as the case may be), to an additional fine not exceeding $1,000 for every day or part of a day the qualified person or fire safety engineer fails to comply with the requirement. [22/2019] (8) Subject to subsection (9), any qualified person or fire safety engineer who fails to comply with a requirement mentioned in subsection (5)( c ) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing failure to comply with the requirement mentioned in that subsection, to an additional fine not exceeding $1,000 for every day or part of a day the qualified person or fire safety engineer fails to comply with the requirement. [22/2019] (9) Where the failure to comply in respect of which the qualified person or fire safety engineer is convicted under subsection (7) or (8) continues after the conviction, the qualified person or fire safety engineer shall be guilty of a further offence and shall be liable on conviction of the further offence to a fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction. [22/2019] (10) It is a defence in any prosecution for a contravention or non‑compliance with subsection (5)( b ) for the person charged to prove to the satisfaction of the court that the person did not know, nor could reasonably have discovered, the contravention or non‑compliance referred to in the charge. (11) Any qualified person or fire safety engineer or person for whom any fire safety works are or are to be carried out (as the case may be) who, without reasonable excuse, contravenes or fails to comply with subsection (3)( a ) or (4) shall be guilty of an offence. [25 [7/2004]


document_id: fsa-1993
provision_ref: s58
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 58
title: Supervision of fire safety works
content:
58. —(1) Except as otherwise provided in this Act, a person must not commence or carry out any fire safety works except under the supervision of an appropriate qualified person or fire safety engineer appointed under section 57(1), (2) or (3)( b ). [7/2004; 14/2013; 22/2019] (2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. [26 [14/2013]


document_id: fsa-1993
provision_ref: s59
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 59
title: Modification or waiver of requirements relating to fire safety
content:
59. —(1) The Commissioner may, on receipt of an application in relation to any particular fire safety works, modify or waive, subject to such terms and conditions as the Commissioner may impose, any of the requirements relating to fire safety in buildings or in relation to relevant pipelines as may be prescribed in any regulations made under this Act. [14/2013] (2) Every such application must — ( a ) be made in writing to the Commissioner by or on behalf of the owner of the building or the person for whom the relevant pipeline works are being carried out (as the case may be) to which the application relates; ( b ) state the nature and extent of and the reasons for the proposed modification or waiver of such requirements; and ( c ) be accompanied by such plans and other particulars as may be prescribed. [14/2013] (3) Where an application made under subsection (2) is refused, or is granted by the Commissioner subject to such terms and conditions as he may impose, the applicant may, if aggrieved by the decision of the Commissioner, appeal to the Minister within 28 days of the date of notification of the decision. [27 [22/2019]


document_id: fsa-1993
provision_ref: s60
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 60
title: Fire safety certificate
content:
60. —(1) Any person for whom any fire safety works had been carried out and completed must apply to the Commissioner and obtain a fire safety certificate in respect of the completed fire safety works. (2) All applications under subsection (1) must be made to the Commissioner in the form and manner prescribed in any regulations made under this Act. (3) The Commissioner may, on application by such person in the prescribed manner, in relation to any building or relevant pipeline, or part thereof — ( a ) issue the fire safety certificate, subject to such conditions as the Commissioner thinks fit; or ( b ) issue a temporary fire permit and may in writing direct the applicant to comply, within such period as may be specified in the direction, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the provisions of this Act. [14/2013] (4) If the person to whom any written direction is given under subsection (3)( b ) fails to comply with the requirements specified in the direction within the time specified therein, the application is deemed to be withdrawn. (5) Where an application for a fire safety certificate under subsection (1) is accompanied by a certificate of a registered inspector certifying that, to the best of the knowledge and belief of the registered inspector, the completed fire safety works to which the application relates have been carried out in accordance with the approved plans of fire safety works, the Fire Code, and the provisions of this Act, the Commissioner may, without inspecting the completed fire safety works, issue a fire safety certificate or temporary fire permit, as the Commissioner considers appropriate, on the basis of the certificate of the registered inspector. [14/2013; 22/2019] (6) Any registered inspector who — ( a ) issues a certificate mentioned in subsection (5) that is false or misleading in any material particular; and ( b ) does so knowing, or reckless as to whether, the certificate is false or misleading in any material particular, 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. [22/2019] (7) Despite subsection (5), the Commissioner may, in his or her discretion, carry out random inspections on the completed fire safety works to which any application under this section relates, at any time before or after the issuing of a fire safety certificate or temporary fire permit. (8) The Commissioner may at any time revoke any fire safety certificate or temporary fire permit issued in respect of any completed fire safety works — ( a ) under subsection (3), if he or she is satisfied that any information given in the application for a fire safety certificate or any document submitted to the Commissioner in respect of the application for the fire safety certificate is false in a material particular; and ( b ) under subsection (5), if he or she is satisfied that any certificate of the registered inspector mentioned in that subsection is false. (9) The Commissioner must not revoke a fire safety certificate or temporary fire permit unless — ( a ) the Commissioner has given a written notice to the person for whom the fire safety works have been carried out to comply, within such period as may be specified in the notice, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the Fire Code, and any of the provisions of this Act; and ( b ) the person has failed or refused to comply with the requirements specified in the written notice. [14/2013] (10) The requirements mentioned in subsection (9) may include — ( a ) the amendment of any of the approved plans of fire safety works to which the completed fire safety works relate; ( b ) the rectification of the completed fire safety works; and ( c ) the alteration or demolition of a building or part thereof to which the completed fire safety works relate. (11) Any person who fails or refuses to comply with any requirement specified in the written notice given by the Commissioner under subsection (9) shall be guilty of an offence. (12) The Commissioner must in writing notify the person for whom the fire safety works are carried out of the Commissioner’s decision to revoke a fire safety certificate or temporary fire permit, and must specify a date, not less than 14 days from the date of the written notification, on which the decision of the Commissioner takes effect. (13) Any person who fails to comply with this section or with any condition imposed by the Commissioner under subsection (3)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [29 [14/2013]


document_id: fsa-1993
provision_ref: s61
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 61
title: Application for change of use of premises
content:
61. —(1) Any person who changes the use of any premises must, if such change of use would cause the existing fire safety measures to become inadequate, prior to carrying out the change, apply to the Commissioner for approval to change the use of the premises. (2) All applications for permission to change the use of the premises must be made to the Commissioner in the form and manner prescribed in any regulations made under this Act. (3) The Commissioner may, on application in the prescribed manner, in relation to any premises or part thereof — ( a ) grant permission for the change of use, subject to such conditions as the Commissioner may impose; or ( b ) in writing direct the applicant to comply, within such period as may be specified in the direction, with such requirements as the Commissioner may specify for the purpose of ensuring compliance with the provisions of this Act and such written directions may also — (i) require the applicant to provide additional fire safety measures in relation to the building; or (ii) provide that the work or alteration must be completed before the expiry of a specified period. [14/2013] (4) If the person to whom any written direction under subsection (3)( b ) fails to comply with the requirements specified in the direction within the time specified therein, the application is deemed to be withdrawn. (5) Any person who fails to comply with this section or with any condition imposed by the Commissioner under subsection (3)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [14/2013; 22/2019] (6) Nothing in this section is to be taken in any way to derogate from the provisions of the Planning Act 1998 and any relevant rules made under that Act relating to change of use of premises. [30


document_id: fsa-1993
provision_ref: s62
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 62
title: Order for demolition, removal, etc., of unauthorised fire safety works
content:
62. —(1) Where, in the opinion of the Commissioner, any fire safety works are being carried out or have been carried out in contravention of the Fire Code, or any of the provisions of this Act (called in this section the unauthorised fire safety works), the Commissioner may by written order require — ( a ) the cessation of the unauthorised fire safety works until the order is withdrawn; ( b ) such work or alteration to be carried out to the unauthorised fire safety works or the building or part thereof to which the unauthorised fire safety works relate as may be necessary to cause the unauthorised fire safety works to comply with the Fire Code, and any of the provisions of this Act; or ( c ) the demolition of the building or relevant pipeline, or part thereof to which the unauthorised fire safety works relate. [14/2013] (2) An order made under subsection (1) may specify all or any of the following: ( a ) the manner in which the works, alteration or demolition mentioned in subsection (1) is to be carried out; ( b ) the time within which the works, alteration or demolition must commence; ( c ) the time within which the works, alteration or demolition must be completed. (3) An order made under subsection (1) shall be served — ( a ) where a temporary fire permit has been granted in respect of a building under section 60, on the owner of the building or the occupier of that part of the building affected by the order, as the case may be; ( b ) where fire safety works are being carried out in relation to a building, on the person for whom the fire safety works are carried out or the qualified person supervising the fire safety works; ( c ) where a temporary fire permit has been granted in respect of a relevant pipeline under section 60, on the pipeline owner or the person for whom the relevant pipeline works are carried out; or ( d ) where fire safety works are being carried out in relation to a relevant pipeline or part thereof, on the person for whom the fire safety works are carried out or the qualified person supervising the fire safety works, and must specify a date, not less than 14 days from the date of the order, on which the order takes effect. [14/2013] (4) If an order made under subsection (1) is not complied with and no appeal under section 64 has been made to the Minister in respect of the order before the order takes effect, the Commissioner may — ( a ) demolish, remove or alter, or cause to be demolished, removed or altered, the building, the relevant pipeline or the unauthorised fire safety works or to take such other steps as may appear to the Commissioner to be necessary, including ordering the closure of the building or part thereof or cessation of use of the relevant pipeline; and ( b ) recover all expenses reasonably incurred by the Commissioner in the exercise of the Commissioner’s powers under this section from the person in default. [14/2013] (5) Without prejudice to the right of the Commissioner to exercise his or her powers under subsection (4), if any person on whom an order is served under subsection (3) fails to comply with the order, the person 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 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [14/2013] (6) The Commissioner may seize any material resulting from the carrying out of any work under subsection (4). (7) Any material seized by the Commissioner under this section may be confiscated by the Commissioner and may be disposed of in such manner as the Commissioner thinks fit, and the proceeds (if any) of such disposal must be paid into the Consolidated Fund. [30A


document_id: fsa-1993
provision_ref: s63
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 63
title: Closure order
content:
63. —(1) Where the Commissioner makes an order under section 62(4)( a ) requiring the closure of any building or cessation of use of any relevant pipeline, or part thereof, the order (called in this section a closure order) must be served — ( a ) where the closure order relates to the building — on the owner of the building; ( b ) where the closure order relates to a part of the building — on the occupier of that part of the building; or ( c ) where the closure order relates to a relevant pipeline — on the pipeline owner. [14/2013] (2) A closure order must specify a date, not less than 14 days after the date of the closure order, on which the closure order takes effect, and may require the person served — ( a ) where the order relates to a building or a part of the building, to cease to inhabit or use the building or that part thereof and to remove all goods, furniture and effects from the building or that part thereof before the closure order takes effect; or ( b ) where the order relates to a relevant pipeline, to cease using the pipeline or allowing it to be used. [14/2013] (3) Subject to subsection (5), where a closure order is in force in respect of a building or part thereof (as the case may be), a person other than a member of the Force in the course of his or her duty must not enter, be in or use the building or that part thereof to which the closure order relates at any time. [14/2013] (4) Any person who contravenes or fails to comply with 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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [14/2013] (5) Where a closure order is in force in respect of a building or part thereof (as the case may be), the Commissioner may, if he or she thinks fit and subject to such conditions as he or she may impose, by written notice permit any person to enter, be in or use the building or that part thereof to which the closure order relates. [14/2013] (6) Any permission granted under subsection (5) may be cancelled by the Commissioner at any time and for any reason. (7) A closure order remains in force in respect of a building or relevant pipeline, or the part thereof (as the case may be) until the Commissioner has served a notice of expiry of the closure order — ( a ) where the closure order relates to the building — on the owner of the building; ( b ) where the closure order relates to a part of the building — on the occupier of that part of the building; or ( c ) where the closure order relates to a relevant pipeline — on the pipeline owner. [14/2013] (8) A notice of expiry of a closure order must specify the building or relevant pipeline, or the part thereof, to which it relates and the date upon which the closure order expires. [30B [14/2013]


document_id: fsa-1993
provision_ref: s64
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 64
title: Appeals to Minister
content:
64. Any person aggrieved by — ( a ) a decision of the Commissioner to disapprove any plans of fire safety works under section 55(3)( b ); ( b ) a decision of the Commissioner to reject any plans of fire safety works under section 55(4); ( c ) a decision of the Commissioner to revoke any approval granted in respect of any plans of fire safety works under section 55(7); ( d ) a decision of the Commissioner to revoke any fire safety certificate or temporary fire permit under section 60(8); ( e ) an order made by the Commissioner under section 62(1); or ( f ) a closure order made by the Commissioner under section 62(4)( a ), may, before the decision or order (as the case may be) takes effect, appeal in writing to the Minister. [30C


document_id: fsa-1993
provision_ref: s65
chapter: PART 4 - CONTROL OF FIRE SAFETY WORKS
section: 65
title: Application of this Part to Government buildings, etc.
content:
65. —(1) This Part applies to fire safety works starting on or after 15 April 2004 and which are carried out by or on behalf of the Government in any building wholly or partly owned or occupied by the Government, but nothing in this Act renders the Government to prosecution for an offence. [7/2004] (2) To avoid doubt, no person is immune from prosecution for any offence under this Part by reason that the person is a contractor engaged to provide services to the Government, or is acting in any other similar capacity for, or on behalf of, the Government. [30D [7/2004]


document_id: fsa-1993
provision_ref: s66
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 66
title: Interpretation of this Part
content:
66. In this Part, unless the context otherwise requires — “accredited certification body” means a person accredited under the Singapore Accreditation Council’s Certification Body Accreditation Scheme administered by the Enterprise Singapore Board; “accredited laboratory” means a person providing laboratory testing services that is — ( a ) accredited under the Singapore Accreditation Council’s Laboratory Accreditation Scheme administered by the Enterprise Singapore Board; ( b ) recognised under a bilateral mutual recognition agreement or arrangement between Singapore and any other country; or ( c ) recognised under a multilateral mutual recognition agreement or arrangement between Singapore and 2 or more other countries; “applicable standard”, in relation to a regulated fire safety product, means the standard specified in the Fire Code for the regulated fire safety product; “certificate of conformity”, in relation to a regulated fire safety product, means a certificate issued by an accredited certification body as to the compliance of the regulated fire safety product with the applicable standard for the regulated fire safety product; “compliant fire safety product” means any regulated fire safety product — ( a ) that is tested by an accredited laboratory for compliance with the applicable standard for the regulated fire safety product; ( b ) that complies with the applicable standard for the regulated fire safety product; ( c ) in respect of which there is a valid certificate of conformity; and ( d ) that is not prescribed under section 74(3) as a non‑compliant fire safety product; “Enterprise Singapore Board” means the Enterprise Singapore Board established by section 3 of the Enterprise Singapore Board Act 2018; “foreign person” means any person who is not a Singapore person; “non-compliant fire safety product” means any regulated fire safety product that is not a compliant fire safety product; “offer to supply”, in relation to any regulated fire safety product, includes an attempt to supply or exposure for supply; “Singapore person” means any person who is — ( a ) a citizen of Singapore; ( b ) a body corporate or corporation incorporated or constituted under the law of Singapore; or ( c ) a person domiciled in Singapore; “supply”, in relation to any regulated fire safety product, includes — ( a ) the supply of the regulated fire safety product by way of sale (including by way of barter or exchange), lease, loan, hire or hire‑purchase; ( b ) causing or allowing the supply of the regulated fire safety product; ( c ) the supply of the regulated fire safety product in connection with any agreement; and ( d ) receiving, sending or delivering the regulated fire safety product for supply; “valid certificate of conformity” means a certificate of conformity that — ( a ) is issued — (i) to a Singapore person; or (ii) to a foreign person who has, at the time of the issue, appointed a local representative who is a Singapore person; and ( b ) is not expired, terminated or otherwise suspended or cancelled by an accredited certification body (under this Act or otherwise). [31 [22/2019]


document_id: fsa-1993
provision_ref: s67
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 67
title: False test reports for regulated fire safety products
content:
67. —(1) Any accredited laboratory that issues a false test report knowing that it is false 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. [22/2019] (2) Any accredited laboratory that issues a false test report reckless or negligent as to whether it is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. [22/2019] (3) If a person is guilty of an offence under subsection (2) with respect to a false test report for a regulated fire safety product and — ( a ) in reliance on the false test report, an accredited certification body — (i) issues a certificate of conformity for the regulated fire safety product; or (ii) determines that the requirements of a post‑certification test mentioned in section 69(3)( b ) are satisfied in respect of the regulated fire safety product; ( b ) a fire occurs in a building in which that regulated fire safety product is installed; ( c ) the regulated fire safety product does not, during the fire, function or perform in a manner that complies with the applicable standard for the regulated fire safety product; and ( d ) damage, death or injury attributable to the fire occurs, then the person shall, instead of the punishment prescribed in subsection (2), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [22/2019] (4) However, subsection (3) does not apply if it is proved, on a balance of probabilities, that the failure of the regulated fire safety product to function or perform did not cause or worsen any damage, death or injury attributable to the fire. [22/2019] (5) In this section, “false test report”, in relation to a regulated fire safety product, means a test report that — ( a ) states the result of a test of compliance with an applicable standard conducted on the regulated fire safety product; and ( b ) is false or misleading in any material particular. [32 [22/2019]


document_id: fsa-1993
provision_ref: s68
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 68
title: Giving false information to accredited certification body
content:
68. —(1) Any person who gives false information to an accredited certification body for the purposes of obtaining a certificate of conformity for a regulated fire safety product knowing that the information is false 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. [22/2019] (2) Any person who gives false information to an accredited certification body for the purposes of obtaining a certificate of conformity for a regulated fire safety product, reckless or negligent as to whether the information is false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. [22/2019] (3) If a person is guilty of an offence under subsection (2) with respect to a certificate of conformity for a regulated fire safety product and — ( a ) a fire occurs in a building in which that regulated fire safety product is installed; ( b ) the regulated fire safety product does not, during the fire, function or perform in a manner that complies with the applicable standard for the regulated fire safety product; and ( c ) damage, death or injury attributable to the fire occurs, then the person shall, instead of the punishment prescribed in subsection (2), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [22/2019] (4) However, subsection (3) does not apply if it is proved, on a balance of probabilities, that the failure of the regulated fire safety product to function or perform did not cause or worsen any damage, death or injury attributable to the fire. [32A [22/2019]


document_id: fsa-1993
provision_ref: s69
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 69
title: Certification of regulated fire safety products
content:
69. —(1) A person commits an offence if — ( a ) the person is not an accredited certification body; ( b ) the person certifies, or holds out or advertises in any way that the person is willing to certify, that any regulated fire safety product complies with the applicable standard for the regulated fire safety product; and ( c ) the person — (i) knows that it is not an accredited certification body; or (ii) is reckless or negligent as to whether it is an accredited certification body. [22/2019] (2) An accredited certification body commits an offence if the accredited certification body issues a certificate of conformity for a regulated fire safety product that does not comply with the applicable standard for the regulated fire safety product if — ( a ) the accredited certification body knows that the regulated fire safety product does not so comply; or ( b ) the accredited certification body is reckless or negligent as to whether the regulated fire safety product so complies. [22/2019] (3) An accredited certification body that issues a certificate of conformity for a regulated fire safety product must cancel the certificate of conformity for the purposes of this Act — ( a ) as soon as practicable after the accredited certification body knows or has reasonable cause to believe (whether by a test or analysis conducted under section 72(1) or otherwise) that the regulated fire safety product does not comply with the applicable standard for the regulated fire safety product; or ( b ) where the Fire Code requires any post-certification test to be conducted for the regulated fire safety product within a specified period after the issue of the certificate of conformity — as soon as practicable after the accredited certification body knows or has reasonable cause to believe that the post-certification test is not conducted within the specified period. [22/2019] (4) Any person who is guilty of an offence under subsection (1)( c )(i) or (2)( a ) — ( a ) 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 ( b ) in the case of a continuing contravention of subsection (1)( c )(i) — (i) shall be liable on conviction to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues; and (ii) if the contravention continues after the conviction, shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [22/2019] (5) Any person who is guilty of an offence under subsection (1)( c )(ii) or (2)( b ) — ( a ) shall be liable on conviction to a fine not exceeding $50,000; and ( b ) in the case of a continuing contravention of subsection (1)( c )(ii) — (i) shall be liable on conviction to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues; and (ii) if the contravention continues after the conviction, shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [22/2019] (6) If a person is guilty of an offence under subsection (1)( c )(ii) or (2)( b ) and — ( a ) a fire occurs in a building in which that regulated fire safety product is installed; ( b ) the regulated fire safety product does not, during the fire, function or perform in a manner that complies with the applicable standard for the regulated fire safety product; and ( c ) damage, death or injury attributable to the fire occurs, then the person shall, instead of the punishment prescribed in subsection (5)( a ), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [22/2019] (7) However, subsection (6) does not apply if it is proved, on a balance of probabilities, that the failure of the regulated fire safety product to function or perform did not cause or worsen any damage, death or injury attributable to the fire. [22/2019] (8) Any accredited certification body that contravenes subsection (3)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to — ( a ) a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in the case of a continuing contravention of subsection (3)( a ) or ( b ) (as the case may be), to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [32B [22/2019]


document_id: fsa-1993
provision_ref: s70
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 70
title: Supply of regulated fire safety products
content:
70. —(1) Any person (whether in Singapore or not) who — ( a ) supplies or offers to supply to a person in Singapore any non‑compliant fire safety product as a compliant fire safety product or for use as a regulated fire safety product; or ( b ) in the course of such supply or offer, represents that the non‑compliant fire safety product is a compliant fire safety product or is fit for use as a regulated fire safety product, knowing that the non‑compliant fire safety product is a non‑compliant fire safety product, shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and ( d ) in the case of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [22/2019] (2) Any person (whether in Singapore or not) who — ( a ) supplies or offers to supply to a person in Singapore any non‑compliant fire safety product as a compliant fire safety product or for use as a regulated fire safety product; or ( b ) in the course of such supply or offer, represents that the non‑compliant fire safety product is a compliant fire safety product or is fit for use as a regulated fire safety product, reckless or negligent as to whether the non-compliant fire safety product is a non‑compliant fire safety product, shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $50,000; and ( d ) in the case of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [22/2019] (3) If a person is guilty of an offence under subsection (2) and — ( a ) a fire occurs in a building in which that non‑compliant fire safety product is installed; ( b ) the non-compliant fire safety product does not, during the fire, function or perform in a manner that complies with the applicable standard for the regulated fire safety product; and ( c ) damage, death or injury attributable to the fire occurs, then the person shall, instead of the punishment prescribed in subsection (2)( c ), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [22/2019] (4) However, subsection (3) does not apply if it is proved, on a balance of probabilities, that the failure of the non‑compliant fire safety product to function or perform did not cause or worsen any damage, death or injury attributable to the fire. [32C [22/2019]


document_id: fsa-1993
provision_ref: s71
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 71
title: Installation of non‑compliant fire safety products
content:
71. —(1) Any relevant person who installs, or causes to be installed, in or on the building — ( a ) any non-compliant fire safety product, knowing that it is a non‑compliant fire safety product; or ( b ) any regulated fire safety product, knowing that the manner in which it is installed adversely affects fire safety in the building, 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. [22/2019] (2) Any relevant person who installs, or causes to be installed, in or on the building any non-compliant fire safety product, reckless or negligent as to whether it is a non‑compliant fire safety product shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. [22/2019] (3) Any relevant person who installs, or causes to be installed, in or on the building any regulated fire safety product in a manner that adversely affects fire safety in the building, reckless or negligent as to whether the manner in which the regulated fire safety product is installed adversely affects fire safety in the building, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. [22/2019] (4) If a relevant person is guilty of an offence under subsection (2) and — ( a ) a fire occurs in a building in which that non‑compliant fire safety product is installed; ( b ) the non-compliant fire safety product does not, during the fire, function or perform in a manner that complies with the applicable standard for the regulated fire safety product; and ( c ) damage, death or injury attributable to the fire occurs, then the person shall, instead of the punishment prescribed in subsection (2), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [22/2019] (5) If a relevant person is guilty of an offence under subsection (3) and — ( a ) a fire occurs in a building in which that regulated fire safety product is installed; and ( b ) damage, death or injury attributable to the fire occurs, then the person shall, instead of the punishment prescribed in subsection (3), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [22/2019] (6) However, subsection (4) or (5) does not apply if it is proved, on a balance of probabilities, that the failure of the non‑compliant fire safety product to function or perform or the manner in which the regulated fire safety product was installed (as the case may be) did not cause or worsen any damage, death or injury attributable to the fire. [22/2019] (7) It is a defence to a prosecution for an offence under subsection (2) if it is proved, on a balance of probabilities, that the relevant person had taken all reasonable steps to ensure that the regulated fire safety product so installed was a compliant fire safety product at the time the regulated fire safety product was delivered to the relevant person. [22/2019] (8) It is a defence to a prosecution for an offence under subsection (3) if the relevant person proves, on a balance of probabilities, that the relevant person had taken all reasonable steps to ensure that the regulated fire safety product was installed in accordance with the Fire Code. [22/2019] (9) Subsections (1)( a ) and (2) do not apply in relation to a relevant person if the regulated fire safety product in question is a non‑compliant fire safety product only by reason that the certificate of conformity for the regulated fire safety product expires or is suspended or terminated after the regulated fire safety product is delivered to the relevant person. [22/2019] (10) In this section — “builder” has the meaning given by section 2(1) of the Building Control Act 1989; “relevant person”, in relation to a building, means the owner or builder of the building. [32D [22/2019]


document_id: fsa-1993
provision_ref: s72
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 72
title: Commissioner may require testing of regulated fire safety product
content:
72. —(1) The Commissioner may, by written notice to any of the following persons, require the person to submit a regulated fire safety product or samples of the regulated fire safety product to an accredited laboratory for the purpose of testing or analysis, within the time specified in the notice: ( a ) an accredited certification body that has issued a certificate of conformity for the regulated fire safety product; ( b ) a person carrying on a trade or business that consists of or includes the supply of the regulated fire safety product (called in this section the supplier); ( c ) a person to whom a certificate of conformity for the regulated fire safety product is issued (called in this section the certificate holder). [22/2019] (2) Where the accredited certification body, the supplier or the certificate holder does not have possession, charge or control of the regulated fire safety product specified in the notice, any person who has such possession, charge or control must render all necessary and reasonable assistance to enable the accredited certification body, the supplier or the holder (as the case may be) to comply with the notice. [22/2019] (3) Any accredited certification body, supplier or certificate holder who, without reasonable excuse, refuses or fails to comply with any requirement of the Commissioner under subsection (1) shall be guilty of an offence. [22/2019] (4) Any person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence. [33 [22/2019]


document_id: fsa-1993
provision_ref: s73
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 73
title: Commissioner may give directions relating to regulated fire safety products
content:
73. —(1) The Commissioner may give one or more of the directions in subsection (2) to any person with possession, charge or control of a regulated fire safety product or who supplied a regulated fire safety product, if the Commissioner has reasonable grounds to believe that — ( a ) the direction is necessary for fire safety; and ( b ) the regulated fire safety product — (i) is a non-compliant fire safety product; or (ii) was installed in a manner that adversely affects fire safety in a building. [22/2019] (2) The directions are — ( a ) to recall a non‑compliant fire safety product; ( b ) to cease supplying a non‑compliant fire safety product; ( c ) to remove a regulated fire safety product from a building; ( d ) to dispose of a non‑compliant fire safety product recalled under paragraph ( a ) in any manner required by the Commissioner; and ( e ) to rectify any contravention of the Fire Code in the installation of a regulated fire safety product. [22/2019] (3) In relation to a direction mentioned in subsection (2)( a ), ( c ), ( d ) or ( e ), the Commissioner — ( a ) may specify, in the direction, the manner in which the recall, removal, disposal or rectification (as the case may be) is to be conducted; and ( b ) must specify, in the direction, the period within which the recall, removal, disposal or rectification (as the case may be) is to be completed. [22/2019] (4) A person to whom a direction mentioned in subsection (2)( a ), ( c ), ( d ) or ( e ) has been given must give written notice to the Commissioner of the completion of the recall, removal, disposal or rectification (as the case may be) as soon as practicable after that completion. [22/2019] (5) Subject to subsection (6), any person who, without reasonable excuse, refuses or fails to comply with the Commissioner’s direction under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) to an additional fine not exceeding $1,000 for each day or part of a day the person fails to comply with the direction after the expiry of the period, or the time, specified in the direction. [22/2019] (6) If the failure to comply in respect of which the person is convicted under subsection (1) continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction. [22/2019] (7) Any person who is aggrieved by any direction of the Commissioner under subsection (1) may, within 14 days after being notified of the direction, appeal to the Minister. [22/2019] (8) A direction of the Commissioner under subsection (1) takes effect despite an appeal against that decision being made to the Minister. [33A [22/2019]


document_id: fsa-1993
provision_ref: s74
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 74
title: Commissioner may give directions in relation to certificates of conformity
content:
74. —(1) The Commissioner may, by written notice to the accredited certification body that issued a certificate of conformity for a regulated fire safety product, direct the accredited certification body to cancel the certificate, within the time specified in the written notice if — ( a ) the accredited certification body contravenes section 69(2) or (3); or ( b ) the person to whom the certificate of conformity is issued refuses or fails to comply with a requirement under section 72(1) in respect of the regulated fire safety product or a sample of the regulated fire safety product. [22/2019] (2) The Commissioner may, by written notice to an accredited certification body, direct the accredited certification body not to issue any certificate of conformity to a person for the period specified in the written notice if the Commissioner has reason to believe that the person has contravened section 70(1) or (2). [22/2019] (3) The Minister may prescribe that a regulated fire safety product is a non‑compliant fire safety product if the accredited certification body that issued the certificate of conformity in respect of the regulated fire safety product refuses or fails to comply with a direction under subsection (1) or (2) in respect of that certificate. [22/2019] (4) The Commissioner must, before making the direction under subsection (1)( b ), give the person to whom the certificate of conformity is issued — ( a ) written notice of the Commissioner’s intention to make the direction; and ( b ) an opportunity to submit reasons, within 14 days after the notice is given, as to why the direction should not be made. [22/2019] (5) The Commissioner must, before making the direction under subsection (2), give the person in respect of which the direction applies — ( a ) written notice of the Commissioner’s intention to make the direction; and ( b ) an opportunity to submit reasons, within 14 days after the notice is given, as to why the direction should not be made. [22/2019] (6) Despite subsections (4) and (5), the Commissioner may specify a time, being less than 14 days after the date of the written notice mentioned in subsection (4) or (5) (as the case may be) if the Commissioner is of the opinion that it is in the public interest for the direction to be made as soon as possible. [22/2019] (7) The Commissioner may, at any time, cancel a direction given under subsection (2). [22/2019] (8) Any accredited certification body that, without reasonable excuse, refuses or fails to comply with the Commissioner’s direction under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in the case of a continuing refusal or failure to comply, to an additional fine not exceeding $1,000 for each day or part of a day the refusal or failure continues. [22/2019] (9) Any person who is aggrieved by any direction of the Commissioner under subsection (1) or (2) may, within 14 days after being notified of the direction, appeal to the Minister. [22/2019] (10) A direction of the Commissioner under subsection (1) or (2) takes effect despite an appeal against that decision being made to the Minister. [33B [22/2019]


document_id: fsa-1993
provision_ref: s75
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 75
title: Power to enter premises to carry out direction upon notice or under warrant
content:
75. —(1) If a person to whom a direction mentioned in section 73(1) is given refuses or fails, without reasonable excuse, to comply with the direction, the Commissioner — ( a ) may authorise any member (called in this section an authorised member) to carry out the direction; and ( b ) may recover the costs and expenses reasonably incurred in carrying out the direction as a debt due to the Government from that person. [22/2019] (2) An authorised member may enter any premises at any reasonable time to carry out the direction mentioned in section 73(1) after giving at least 24 hours’ notice of the intention to do so to the owner or occupier of the premises. [22/2019] (3) Before entering the premises under subsection (2), an authorised member must produce, if so required — ( a ) the authorised member’s original identity card or any identification card that the Commissioner directs to be carried by the authorised member as proof of the authorised member’s identity; and ( b ) a duly authenticated document showing the authorised member’s authority. [22/2019] (4) A Magistrate may by warrant authorise a member to enter any premises, with such force as may be necessary, if the Magistrate is satisfied, on sworn information in writing — ( a ) that the member needs to enter into any premises to carry out a direction mentioned in section 73(1); and ( b ) that — (i) entry into the premises has been refused, or such refusal is likely; or (ii) the premises are unoccupied or the owner or occupier is temporarily absent. [22/2019] (5) The warrant continues in force until the purpose for which the entry is necessary has been satisfied. [22/2019] (6) If the owner or occupier is present when an authorised member seeks to execute the warrant, the authorised member must — ( a ) identify himself or herself to the owner or occupier; ( b ) show the owner or occupier the authorised member’s identity card or identification card and the duly authenticated document mentioned in subsection (3); ( c ) show the owner or occupier the warrant; and ( d ) if required, give the owner or occupier a copy of the warrant. [22/2019] (7) If the owner or occupier is not present when an authorised member seeks to execute the warrant, but some other person who appears to be in charge of the premises is present, then subsection (6) applies to that other person as if that other person were the owner or occupier. [22/2019] (8) An authorised member entering the premises under a warrant issued under subsection (4) may do all or any of the following: ( a ) break open any outer or inner door or window leading to the premises; ( b ) enter any part of the premises with such force as may be necessary; ( c ) remove by force any obstruction to the entry. [22/2019] (9) An authorised member entering the premises under subsection (2), or under a warrant issued under subsection (4), may do any of the following: ( a ) take with him or her such other persons as may be necessary; ( b ) remove or demolish any fixtures or fittings in the premises if such removal or demolition is necessary for carrying out the direction under section 73(1). [22/2019] (10) If the premises are unoccupied at the time of entry, the authorised member must leave the premises as effectually secured against trespassers as the authorised member found the premises. [22/2019] (11) Subject to subsection (10), the Commissioner is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (9)( b ). [33C [22/2019]


document_id: fsa-1993
provision_ref: s76
chapter: PART 5 - REGULATED FIRE SAFETY PRODUCTS
section: 76
title: Power to enter premises to carry out direction without notice or warrant
content:
76. —(1) If — ( a ) a person to whom a direction mentioned in section 73(1) is given refuses or fails to comply with the direction; and ( b ) the Commissioner has reasonable grounds to believe in respect of any premises that the non‑compliant fire safety product is posing an imminent danger affecting public safety, the Commissioner — ( c ) may authorise any member (called in this section an authorised member) to enter the premises without warrant to carry out the direction; and ( d ) may recover the costs and expenses reasonably incurred in carrying out the direction as a debt due to the Government from that person. [22/2019] (2) If the owner or occupier of the premises is present when an authorised member seeks to enter the premises, the authorised member must show the owner or occupier the identity card or identification card and the duly authenticated document mentioned in section 75(3). [22/2019] (3) If the owner or occupier is not present when entry under subsection (2) is sought, but some other person who appears to be in charge of the premises is present, then subsection (2) applies to that other person as if that other person were the owner or occupier. [22/2019] (4) An authorised member entering the premises under this section may do all or any of the following: ( a ) take with him or her such other persons as may be necessary; ( b ) break open any outer or inner door or window leading to the premises; ( c ) forcibly enter the premises and every part of the premises; ( d ) remove by force any obstruction to the entry; ( e ) remove or demolish any fixtures or fittings in the premises if such removal or demolition is necessary for carrying out the direction mentioned in section 73(1). [22/2019] (5) If the premises are unoccupied at the time of entry, the authorised member must leave the premises as effectually secured against trespassers as the authorised member found the premises. [22/2019] (6) Subject to subsection (5), the Commissioner is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (4)( e ). [33D [22/2019]


document_id: fsa-1993
provision_ref: s77
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 77
title: Interpretation of this Part
content:
77. —(1) In this Part and in section 113, unless the context otherwise requires — “dispensing” means transferring any class of petroleum or any flammable material from one container to any other container or containers for the purpose of distribution, through hose, pipe or by any other means (but not including a licensed pipeline) and includes discharging into a motor vehicle or from the tank of a road tanker; “import” means to take or cause to be taken into Singapore by land, sea or air from any place outside Singapore, but does not include the bringing into Singapore by sea or air of any substance or product which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which the substance or product was brought into Singapore without any landing or transhipment within Singapore; “licensed pipeline” means any relevant pipeline licensed for the conveyance of any class of petroleum or any flammable material under section 82; “licensed premises” means any premises licensed for the storage or keeping of any class of petroleum or any flammable material under section 78; “liquefied petroleum gas” means any material having a vapour pressure not exceeding that allowed for commercial propane and composed predominantly of the following hydrocarbons, either by themselves or as mixtures, that is to say, propane, propylene, butane (normal butane or iso-butane) and butylenes; “pipeline licence” means a licence for the conveyance of any class of petroleum or any flammable material through any relevant pipeline specified in the licence; “place” includes houses, yards and open spaces appurtenant thereto, buildings and footways and any underground space; “road tanker” means a goods vehicle as defined in the Road Traffic Act 1961 which has a tank that is structurally attached or is an integral part of the frame of the vehicle; “storage licence” means a licence to store or keep any class of petroleum or any flammable material at any premises specified in the licence; “transport”, in relation to any class of petroleum or any flammable material, means the carriage of such petroleum or flammable material by any vehicle on land from one place in Singapore to another place, whether within or outside Singapore, and includes — ( a ) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle; ( b ) the marking of packages and unit loads containing any class of petroleum or any flammable material for transport, and placarding containers and vehicles in which such petroleum or flammable material are transported; and ( c ) any other matters incidental to their transport. [7/2004; 14/2013] (2) For the purposes of this Part and section 113, a person may be regarded as transporting any class of petroleum or any flammable material — ( a ) by the person marking packages and unit loads containing such petroleum or flammable material for transport, and placarding containers and any vehicles in which such petroleum or flammable material are transported; ( b ) by the person consigning such petroleum or flammable material for transport; ( c ) by the person loading such petroleum or flammable material into or onto a vehicle, or into a tank container or container that is to be put on a vehicle, for transport or unloading any class of petroleum or any flammable material that has been transported; ( d ) by the person marshalling vehicles and separating such petroleum or flammable material; ( e ) by the person undertaking, or being responsible for, otherwise than as an employee or subcontractor, the transport of such petroleum or flammable material; ( f ) by the person providing emergency information in relation to the transport of such petroleum or flammable material; ( g ) by the person driving a vehicle carrying such petroleum or flammable material; ( h ) by being the consignee of such petroleum or flammable material that are to be transported; or ( i ) by being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity referred to above. [34 [7/2004]


document_id: fsa-1993
provision_ref: s78
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 78
title: Storage of petroleum and flammable materials
content:
78. A person must not store or keep, or cause to be stored or kept, any class of petroleum or any flammable material except — ( a ) in or on licensed premises; ( b ) in such quantities and in such manner and in accordance with requirements prescribed in relation to such petroleum or flammable material; and ( c ) under the authority of and in accordance with the provisions of a storage licence from the Commissioner and every condition specified therein. [35 [7/2004; 14/2013]


document_id: fsa-1993
provision_ref: s79
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 79
title: Import of petroleum and flammable materials
content:
79. —(1) A person must not import any class of petroleum or any flammable material if — ( a ) the regulations require the person importing such petroleum or flammable material to hold a licence from the Commissioner to import such petroleum or flammable material; and ( b ) the person does not hold such a valid licence. [7/2004] (2) A person must not import any class of petroleum or any flammable material unless the importation — ( a ) is effected in accordance with the provisions of the person’s licence and with every condition specified therein; and ( b ) is in such quantities and in such manner and in accordance with requirements prescribed in relation to such petroleum or flammable material. [35A [7/2004; 14/2013]


document_id: fsa-1993
provision_ref: s80
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 80
title: Transport of petroleum and flammable materials
content:
80. —(1) A person must not transport any class of petroleum or any flammable material (other than as a driver of a road vehicle) if — ( a ) the regulations require the person transporting such petroleum or flammable material to hold a licence from the Commissioner to transport such petroleum or flammable material; and ( b ) the person does not hold such a valid licence. [7/2004; 14/2013] (2) A person must not transport any class of petroleum or any flammable material (other than as a driver of a road vehicle) unless the transportation — ( a ) is in accordance with the provisions of the person’s licence and with every condition specified therein; and ( b ) is in such quantities and in such manner and in accordance with requirements prescribed in relation to such petroleum or flammable material. [7/2004; 14/2013] (3) A person must not drive any vehicle transporting any class of petroleum or any flammable material by road if — ( a ) the regulations require the vehicle to be licensed to transport such petroleum or flammable material and the vehicle is not licensed by the Commissioner to carry such petroleum or flammable material; and ( b ) the regulations require the person to hold a permit from the Commissioner to drive a vehicle carrying such petroleum or flammable material and the person does not hold such a valid permit. [7/2004] (4) A person must not drive any vehicle transporting any class of petroleum or any flammable material by road unless the person does so in such manner and in accordance with requirements prescribed in relation to such petroleum or flammable material, and in accordance with the provisions of the person’s permit and every condition specified therein. [7/2004; 14/2013] (5) Nothing in this section applies to petroleum or any flammable material in the fuel tank of a vehicle which is used or intended to be used as fuel for that vehicle. [7/2004] (6) Every permit issued by the Commissioner before 16 February 2005 authorising any person to drive any vehicle transporting any class of petroleum or any flammable material by road is deemed to have been issued under subsection (3)( b ). [35B [7/2004]


document_id: fsa-1993
provision_ref: s81
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 81
title: Dispensing of petroleum and flammable materials
content:
81. A person must not dispense or cause to be dispensed any class of petroleum or any flammable material except — ( a ) in or on licensed premises; ( b ) in accordance with the provisions of the storage licence for the licensed premises and with every condition specified therein; and ( c ) in the case of the dispensing of any class of petroleum or any flammable material into cylinders, where the regulations require a person so dispensing that class of petroleum or flammable material to have the specific approval of the Commissioner, with such approval and in accordance with any conditions the Commissioner may impose. [36 [14/2013]


document_id: fsa-1993
provision_ref: s82
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 82
title: Pipelines for petroleum and flammable materials
content:
82. A person, being a pipeline owner, must not convey, or allow the conveyance of, any class of petroleum or any flammable material through any section of a relevant pipeline in relation to which the person is the pipeline owner except under the authority of and in accordance with the provisions of a pipeline licence from the Commissioner and every condition specified therein. [36A [14/2013]


document_id: fsa-1993
provision_ref: s83
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 83
title: Conduct of works in vicinity of licensed pipeline
content:
83. —(1) A person (other than the holder of the licence) must not commence or carry out, or cause or permit the commencement or carrying out of, any works in the vicinity of the licensed pipeline unless the person — ( a ) has given to the holder of the licence not less than 7 days’ notice in writing of the date on which it is proposed to commence the works; ( b ) has obtained from the holder of the licence the necessary information on the location of the licensed pipeline; and ( c ) has consulted the holder of the licence on the steps to be taken to prevent the licensed pipeline from being damaged while the works are being carried out. [14/2013] (2) Every person who commences or carries out, or causes or permits the commencement or carrying out of, any works referred to in subsection (1) must — ( a ) comply with all reasonable requirements of the holder of the licence for the prevention of damage to the licensed pipeline; ( b ) ensure that reasonable precautions are taken when such works are being carried out to prevent any damage to the licensed pipeline; and ( c ) allow the holder of the licence reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the licensed pipeline. [14/2013] (3) Upon receiving a notice under subsection (1)( a ), the holder of the licence must — ( a ) promptly inform the person giving the notice of the location of the licensed pipeline, and provide the person with such other information as may be necessary to enable the person to ascertain the exact location of the licensed pipeline; ( b ) advise the person on the precautions to be taken to prevent damage to the licensed pipeline; and ( c ) take all such measures at the work site as may be reasonable and necessary for the protection of the licensed pipeline and, in so doing, the holder of the licence must have regard to the potential risks and dangers that can arise from any damage to the licensed pipeline. [14/2013] (4) Nothing in subsection (1) prohibits a person from commencing or carrying out, or causing or permitting the commencement or carrying out of, any works where the person has reasonable cause to believe that it is necessary to do so in the interest of public or private safety. [14/2013] (5) The person mentioned in subsection (4) must, as soon as practicable but not more than 24 hours after commencing the work, give to the holder of the licence written notice stating the nature and extent of those works. [14/2013] (6) Any person who contravenes subsection (1), (2), (3) or (5) shall be guilty of an offence. [14/2013] (7) Subject to subsection (8), in any proceedings for an offence under subsection (6), it is a defence for the person charged to prove — ( a ) that the person took all reasonable steps to discharge the person’s duty under subsection (1), (2), (3) or (5), as the case may be; or ( b ) that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. [14/2013] (8) If, in any proceedings for an offence under subsection (6), the defence involves acting on information supplied by the holder of the licence, the person charged is not, without permission of the court, entitled to rely on that defence unless the person charged has, within 14 clear days before the hearing, served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information. [14/2013] [Act 25 of 2021 wef 01/04/2022] (9) In this section — “construction works and services” has the meaning given by the Building and Construction Authority Act 1999; “earthworks” has the meaning given by the Gas Act 2001; “holder of the licence” means the holder of a pipeline licence for the licensed pipeline concerned; “works” means any construction works and services or earthworks. [36B [14/2013]


document_id: fsa-1993
provision_ref: s84
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 84
title: Damage to licensed pipeline
content:
84. —(1) Any person who wilfully or recklessly removes, destroys, damages or suffers to be damaged any licensed pipeline or hinders or prevents a licensed pipeline from being used or operated in the manner in which it is intended to be used or operated shall be guilty of an offence. [14/2013] (2) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. [14/2013] (3) If, in any proceedings for an offence under subsection (1), the defence involves acting on information supplied by a holder of the licence, the person charged is not, without permission of the court, entitled to rely on that defence unless the person charged has, within 14 clear days before the hearing, served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information. [36C [14/2013] [Act 25 of 2021 wef 01/04/2022]


document_id: fsa-1993
provision_ref: s85
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 85
title: Offences
content:
85. —(1) Any person who contravenes section 78, 79(1) or (2), 80(1), (2), (3) or (4) or 81 shall be guilty of an offence. [7/2004; 14/2013] (2) Any person who contravenes section 82 or 83 shall be guilty of an offence. [14/2013] (3) Any person who contravenes section 84 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 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [37 [14/2013]


document_id: fsa-1993
provision_ref: s86
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 86
title: Powers of entry, inspection, etc.
content:
86. —(1) For the purposes of this Part, the Commissioner has powers to — ( a ) stop and examine any vehicle when he or she has reason to believe that any class of petroleum or any flammable material is being transported in the vehicle in contravention of this Act; ( b ) inspect, examine and test all classes of petroleum or any flammable material stored on land and for such purposes take samples thereof; ( c ) enter any place where he or she has reason to believe that any class of petroleum or any flammable material is stored in contravention of this Act; and ( d ) seize any stock of any class of petroleum, any flammable material or equipment in respect of which he or she has reason to believe that an offence under this Act has been committed. [7/2004; 14/2013] (2) If any place liable to inspection under this section is closed, any person residing in or being in charge of such place must, on demand by any authorised officer, allow the authorised officer free entry thereto and provide all reasonable facilities for a search therein. [14/2013] (3) If entry to such place cannot be obtained, any authorised officer may — ( a ) break open any outer or inner door or window of that place; ( b ) forcibly enter that place and every part thereof; or ( c ) remove by force any obstruction to such entry or search. [38 [14/2013]


document_id: fsa-1993
provision_ref: s87
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 87
title: Power to waive requirements
content:
87. —(1) The Commissioner may upon application by any person — ( a ) waive or modify any of the requirements of any licence or permit issued under this Part; or ( b ) waive the requirement for that person to obtain any licence or permit issued under this Part in any circumstances specified in writing by the Commissioner if the Commissioner is satisfied that fire safety will not be compromised in those circumstances. [14/2013] (2) A waiver or modification under subsection (1) — ( a ) may be granted subject to such conditions as the Commissioner may specify in writing; and ( b ) need not be published in the Gazette and may be revoked at any time by the Commissioner. [14/2013] (3) The Commissioner may at any time add to, vary or revoke any condition imposed under this section. [14/2013] (4) The Minister may, by regulations prescribed under section 113, provide that the powers of the Commissioner under subsection (1) are limited only to certain kinds of licences or permits or certain circumstances specified in the regulations. [38A [14/2013]


document_id: fsa-1993
provision_ref: s88
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 88
title: Grant and renewal of licence or permit
content:
88. —(1) The grant of any licence or permit under this Part is in the absolute discretion of the Commissioner. [7/2004] (2) Every licence or permit granted under this Part is subject to such conditions as the Commissioner thinks fit to impose. [7/2004] (3) Every licence or permit granted under this Part, if it has not been cancelled under section 89, may, on the application of the holder of the licence or permit, be renewed by the Commissioner subject to such conditions as the Commissioner thinks fit to impose. [7/2004] (4) Every licence or permit is, on payment of the prescribed fees, valid for such period not exceeding 3 years as the Commissioner may determine. [7/2004] (5) Any person who is aggrieved by any decision of the Commissioner under this section may, within one month of being notified of the decision of the Commissioner, appeal to the Minister. [22/2019] (6) Any person who contravenes any of the conditions of a licence or permit granted under this Part shall be guilty of an offence. [39 [7/2004]


document_id: fsa-1993
provision_ref: s89
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 89
title: Cancellation of licence or permit
content:
89. —(1) If — ( a ) at any time it appears to the Commissioner — (i) that any premises or vehicle, in respect of which a licence or permit has been granted, has become unfit for the purpose for which it was licensed by reason of the increase of building or of population in its neighbourhood; or (ii) that from any other cause, any licence or permit should for the public safety be cancelled; or ( b ) the person to whom the licence or permit was granted contravenes any of the conditions of the licence or permit, the Commissioner may by order cancel the licence or permit. [7/2004] (2) The Commissioner must, before cancelling any licence or permit under subsection (1), give to the person concerned written notice of the Commissioner’s intention to do so specifying a date, not less than 21 days after the notice, upon which the cancellation takes effect and calling upon the person concerned to show cause to the Commissioner why the licence or permit should not be cancelled. [7/2004] (3) When the Commissioner has cancelled the licence or permit under subsection (1), he or she must inform the person concerned by written notice of such cancellation as soon as it may be practicable. [7/2004; 14/2013] (4) The person whose licence or permit has been cancelled may, within 14 days of the receipt of the notice mentioned in subsection (3), or such extended period of time as the Minister may allow, appeal in writing against the cancellation to the Minister. [7/2004; 22/2019] (5) An order of cancellation does not take effect until the expiry of a period of 14 days after the Commissioner has informed the holder of the licence or permit in question of the order. [40 [7/2004]


document_id: fsa-1993
provision_ref: s90
chapter: PART 6 - CONTROL OF PETROLEUM AND
section: 90
title: Disposal of stocks and equipment
content:
90. Any property or thing seized or removed by the Commissioner in exercise of his or her powers under this Part or any regulations made under this Act must be confiscated and disposed of in such manner as the Commissioner thinks fit, and the proceeds (if any) of such disposal must be paid into the Consolidated Fund. [42


document_id: fsa-1993
provision_ref: s91
chapter: PART 6A - APPEALS
section: 91
title: Appeals to Minister
content:
91. —(1) This section applies to every appeal to the Minister made under this Act. [22/2019] (2) An appeal to the Minister must be made in the manner prescribed. [22/2019] (3) The Minister may determine an appeal against a decision of or an order made by the Commissioner or a licensing officer — ( a ) by confirming the decision or order in whole or varying it in part; or ( b ) by reversing the decision or order. [22/2019] (4) Before determining an appeal, the Minister may consult the Appeal Advisory Board appointed under section 92. [22/2019] (5) In deciding an appeal, the Minister may have regard to any report made to the Minister by the Appeal Advisory Board. [22/2019] (6) The Minister’s decision on any appeal is final. [22/2019] (7) Except where provided by sections 52(8), 54(8), 73(8) and 74(10) or unless the Minister otherwise directs, a decision or an order appealed against does not take effect until — ( a ) the appeal is determined by the Minister under subsection (3); or ( b ) the appeal is withdrawn. [22/2019] (8) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal under this Act: ( a ) the Second Minister (if any) for his or her Ministry; ( b ) a Minister of State (which includes a Senior Minister of State) for his or her Ministry; ( c ) a Parliamentary Secretary (which includes a Senior Parliamentary Secretary) assisting the Minister under this Part; ( d ) any public officer in his or her Ministry not subordinate to the Commissioner whose decision or order is appealed against. [22/2019] (9) Any reference to the Minister in subsections (1) to (7) includes a reference to a person designated under subsection (8). [42A [22/2019]


document_id: fsa-1993
provision_ref: s92
chapter: PART 6A - APPEALS
section: 92
title: Appeal Advisory Board
content:
92. —(1) The Appeal Advisory Board consists of a Chairperson, a Vice‑Chairperson and such other members as the Minister may appoint. [22/2019] (2) The Chairperson, Vice‑Chairperson and members of the Appeal Advisory Board — ( a ) hold their office for such period as the Minister may determine, and may be re‑appointed; ( b ) may at any time be removed from office by the Minister; and ( c ) may at any time resign from their office by writing addressed to the Minister. [42B [22/2019]


document_id: fsa-1993
provision_ref: s93
chapter: PART 7 - MISCELLANEOUS
section: 93
title: Charging for extinguishing fires, etc., on inland waters or sea
content:
93. —(1) The Commissioner may charge fees for extinguishing any fire or protecting life and property in the event of any fire on inland waters or the sea, from such classes of persons as may be prescribed. [14/2013] (2) The Commissioner may recover as a debt due to the Government, from the classes of prescribed persons mentioned in subsection (1), the reasonable costs and expenses of investigating a fire mentioned in that subsection, including charges for any laboratory analysis. [22/2019] (3) Different classes of persons and amounts of fees may be prescribed for different circumstances. [14/2013] (4) Any such unpaid fees may be recovered by the Government as a civil debt in any court of competent jurisdiction. [14/2013] (5) In this section, references to the sea are not restricted to the territorial waters of Singapore. [43 [14/2013]


document_id: fsa-1993
provision_ref: s94
chapter: PART 7 - MISCELLANEOUS
section: 94
title: Obstructing authorised persons in execution of their duty
content:
94. Any person who obstructs, hinders or impedes the Commissioner or any person authorised under this Act in the performance and execution of his or her duty or of anything which he or she is empowered or required to do by virtue or in consequence of or under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [44 [14/2013]


document_id: fsa-1993
provision_ref: s95
chapter: PART 7 - MISCELLANEOUS
section: 95
title: Analyst’s certificate
content:
95. —(1) A certificate purporting to be signed by an analyst employed by the Health Sciences Authority and purporting to relate to petroleum is to be admitted in evidence in any proceedings for an offence under Part 6, on its production by the prosecution without proof of signature and, until the contrary is proved, such certificate is prima facie evidence of all matters contained therein. [4/2001] (2) In this section, “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001. [45 [4/2001]


document_id: fsa-1993
provision_ref: s96
chapter: PART 7 - MISCELLANEOUS
section: 96
title: Powers of arrest
content:
96. —(1) The Commissioner or any member of or above the rank of warrant officer duly authorised in writing in that behalf by the Commissioner or any police officer may without warrant arrest any person whom he or she reasonably suspects to have committed an offence under this Act — ( a ) if the name and address of the person are unknown to him or her; ( b ) if the person declines to give the person’s name and address; or ( c ) if there is any reason to doubt the accuracy of the name and address, if given. [7/2004; 14/2013] (2) A person arrested under this section may be detained until the person’s name and address are correctly ascertained. (3) No person arrested may be detained longer than is necessary for bringing the person before a court unless the order of a court for his or her detention is obtained. [46


document_id: fsa-1993
provision_ref: s97
chapter: PART 7 - MISCELLANEOUS
section: 97
title: Inaccuracies in documents
content:
97. —(1) A misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act, does not in any way affect the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable. [14/2013] (2) No proceedings taken under or by virtue of this Act are invalid for want of form. [47 [14/2013]


document_id: fsa-1993
provision_ref: s98
chapter: PART 7 - MISCELLANEOUS
section: 98
title: Evidence
content:
98. —(1) The contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act are, until the contrary is proved, presumed to be correct. [14/2013] (2) All records and other documents required by this Act to be kept by the Commissioner are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be), subscribed by that officer with the officer’s name and the officer’s official title is admissible in evidence as proof of the contents of the documents or extracts. [14/2013] (3) A certificate purporting to be under the hand of the Commissioner and specifying the costs and expenses or arrears as due and payable by any person is prima facie evidence of the facts certified therein and of the signature of the Commissioner. [48


document_id: fsa-1993
provision_ref: s99
chapter: PART 7 - MISCELLANEOUS
section: 99
title: Service of documents
content:
99. —(1) A document that is permitted or required by this Act to be served on, given or communicated to a person may be served as described in this section. [22/2019] (2) A document may be served on an individual — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. [22/2019] (3) A document may be served on a partnership (other than a limited liability partnership) — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. [22/2019] (4) A document may be served on a body corporate (including a limited liability partnership) — ( a ) by giving it to the body corporate’s secretary or other similar officer, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s last email address. [22/2019] (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). [22/2019] (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior consent (express or implied) to service in that way. [22/2019] (7) This section does not apply to documents to be served in proceedings in court. [22/2019] (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice or an order permitted or required by this Act to be served; “last email address” means — ( a ) the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore. [49 [22/2019]


document_id: fsa-1993
provision_ref: s99A
chapter: PART 7 - MISCELLANEOUS
section: 99A
title: Use of electronic service for making applications under Part 4
content:
99A. —(1) The Commissioner may permit an application to him or her under Part 4 to be made through the electronic service described in section 42AA of the Building Control Act 1989. (2) Where a person uses the electronic service mentioned in subsection (1) to make an application to the Commissioner, the Commissioner may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, by sending it to the person’s account with the electronic service. (3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service. (4) This section applies despite anything to the contrary in this Act. (5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010. [Act 23 of 2023 wef 18/12/2023]


document_id: fsa-1993
provision_ref: s100
chapter: PART 7 - MISCELLANEOUS
section: 100
title: Jurisdiction of court
content:
100. Despite the provisions of the Criminal Procedure Code 2010, a District Court has jurisdiction to hear and determine all offences under this Act and has power to impose the full penalty or punishment in respect of an offence under this Act. [50 [14/2013]


document_id: fsa-1993
provision_ref: s101
chapter: PART 7 - MISCELLANEOUS
section: 101
title: Composition of offences
content:
101. —(1) The Commissioner may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [14/2013] (2) On payment of such sum of money, no further proceedings may be taken against that person in respect of the offence. [14/2013] (3) The Minister may make regulations to prescribe the offences which may be compounded under this section. [51


document_id: fsa-1993
provision_ref: s102
chapter: PART 7 - MISCELLANEOUS
section: 102
title: Conduct of prosecutions
content:
102. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Force or any other person authorised in writing in that behalf by the Commissioner. [52 [15/2010; 14/2013]


document_id: fsa-1993
provision_ref: s103
chapter: PART 7 - MISCELLANEOUS
section: 103
title: Exemption
content:
103. The Minister may, by order either generally or in any particular case, and subject to such conditions as the Minister may impose, exempt any person, premises, structure, aircraft, vehicle, vessel or fire safety works from all or any of the provisions of this Act. [53 [7/2004; 14/2013]


document_id: fsa-1993
provision_ref: s104
chapter: PART 7 - MISCELLANEOUS
section: 104
title: Offences by corporations
content:
104. —(1) Where, in any proceedings 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. [22/2019] (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. [22/2019] (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. [22/2019] (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. [22/2019] (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. [22/2019] (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. [54 [22/2019]


document_id: fsa-1993
provision_ref: s105
chapter: PART 7 - MISCELLANEOUS
section: 105
title: Offences by unincorporated associations or partnerships
content:
105. —(1) Where, in any proceedings for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. [22/2019] (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. [22/2019] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. [22/2019] (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. [22/2019] (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. [22/2019] (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. [54A [22/2019]


document_id: fsa-1993
provision_ref: s106
chapter: PART 7 - MISCELLANEOUS
section: 106
title: Adoption of codes and standards
content:
106. —(1) Any regulations made under section 113 may adopt (wholly or partially or as amended by the regulations or by reference) any code, standard, rule, specification or provision which relates to any matter with which the regulations deal and which is — ( a ) recommended, issued or adopted by the Enterprise Singapore Board; ( b ) recommended, issued or adopted by any other standards organisation or body of any place outside Singapore being an organisation or body approved by the Commissioner; or ( c ) included in any document issued by any Government department or issued by the public authority constituted under any written law. [14/2013; 10/2018] (2) The Commissioner must cause a copy of every code, standard, rule, specification or provision adopted under subsection (1)( b ) or ( c ) to be made available for inspection by members of the public without charge at the office of the Commissioner during normal office hours. (3) In any proceedings under this Act, a copy certified by the Commissioner as a true copy of a code, standard, rule, specification or provision adopted under subsection (1)( b ) or ( c ) is evidence of the code, standard, rule, specification or provision so adopted. [14/2013] (4) Unless otherwise provided in any regulations made under section 113, in the event that any code, standard, rule, specification or provision adopted under subsection (1) is inconsistent with the Code of Practice for Fire Precautions in Buildings published by the Commissioner, the Code of Practice for Fire Precautions in Buildings prevails. [55 [14/2013]


document_id: fsa-1993
provision_ref: s107
chapter: PART 7 - MISCELLANEOUS
section: 107
title: General penalties
content:
107. Any person who is guilty of an offence under this Act for which no penalty is expressly provided 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 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [56 [14/2013]


document_id: fsa-1993
provision_ref: s108
chapter: PART 7 - MISCELLANEOUS
section: 108
title: Provision of information
content:
108. —(1) In addition to any other powers under this Act, the Commissioner or any authorised officer may by notice require any person to provide, within a reasonable period specified in the notice, any document, record or information in the possession or knowledge of that person that the Commissioner or the authorised officer (as the case may be) believes on reasonable grounds to be relevant to the administration or enforcement of this Act. [14/2013] (2) The power to require a person to provide any document or record under subsection (1) includes the power to retain the original copy of the document or record or to copy or make extracts from the document or record. [14/2013] (3) Any person who, without reasonable excuse, fails to comply with any notice under subsection (1) or who provides any information which the person knows or has reason to believe is false or misleading shall be guilty of an offence. [57 [14/2013]


document_id: fsa-1993
provision_ref: s109
chapter: PART 7 - MISCELLANEOUS
section: 109
title: False or misleading information
content:
109. Any person who provides any information, that the person knows or has reason to believe is false or misleading, to the Commissioner or licensing officer in connection with any application for a licence or permit under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [57A [22/2019]


document_id: fsa-1993
provision_ref: s110
chapter: PART 7 - MISCELLANEOUS
section: 110
title: Saving of prosecutions under other laws
content:
110. —(1) Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act, or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act. [14/2013] (2) No person shall be punished twice for the same offence. [58


document_id: fsa-1993
provision_ref: s111
chapter: PART 7 - MISCELLANEOUS
section: 111
title: Protection from liability
content:
111. —(1) No liability shall lie against the Government or any public officer by reason of the fact that any fire safety works are carried out in accordance with the provisions of this Act or that such works or plans of the building are subject to inspection or approval by the Commissioner or the public officer. (2) Nothing in this Act makes it obligatory for the Commissioner to inspect any building or fire safety works or the site of any proposed building to ascertain whether the provisions of this Act are complied with or whether any plans, certificates, notices or other documents submitted to the Commissioner are accurate. [14/2013] (3) No matter or thing done by the Commissioner or by any public officer, fire forensic specialist or member of the Force or done by an individual appointed under section 21, if it were done with reasonable care and in good faith for the purpose of carrying out the provisions of this Act, subjects the Commissioner or such person personally liable to any action, liability, claim or demand whatsoever. [59 [14/2013; 10/2015; 22/2019]


document_id: fsa-1993
provision_ref: s112
chapter: PART 7 - MISCELLANEOUS
section: 112
title: Transfer of employees to Force
content:
112. On 8 April 1994, every person who immediately before that date was serving in the Singapore Fire Service constituted under the repealed Fire Service Act (Cap. 110, 1985 Revised Edition) and in force immediately before that date is transferred to the Force on the same terms and rank enjoyed or attained by the person immediately prior to the person’s transfer and is deemed to be appointed under the Civil Defence Act 1986, and the person’s service in the Singapore Fire Service is deemed to be service under the Civil Defence Act 1986. [60


document_id: fsa-1993
provision_ref: s113
chapter: PART 7 - MISCELLANEOUS
section: 113
title: Regulations
content:
113. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act as the Minister considers necessary and for any matter which is required under this Act to be prescribed and, in particular, the Minister may make regulations in respect of all or any of the following matters: ( a ) the establishment, registration and regulation of fire safety managers and Company Emergency Response Teams in any premises or any class of premises as may be prescribed by the Minister, and the requirement for such persons to be provided with fire safety equipment as may be prescribed or to undergo such training or assessment and satisfy such standards as the Commissioner may specify; ( b ) the control of the sale, supply, installation, repair, maintenance and inspection of fire safety works; ( c ) the licensing of persons who carry on the trade or business of supplying, selling, maintaining, repairing or inspecting fire safety works; ( d ) the prescribing of the type of fire safety measures to be installed in any premises; ( e ) the prescribing of the requirements of an Emergency Response Plan required under this Act; ( f ) the time and manner of making an application for a fire certificate under section 35, and the circumstances in which the Commissioner may revoke a fire certificate; ( g ) the duties of persons granted licences under section 50; ( h ) the control, regulation and supervision by registration, licensing, inspection or otherwise of places to which the public has access; ( i ) the submission of plans and specifications of fire safety works, the authorisation of persons qualified to submit the same and their duties and responsibilities and the nature or classifications of plans or specifications which each such person may submit; ( j ) the time and manner of making an application for temporary fire permits and fire safety certificate; ( k ) the time and manner of making an application for the change of use of premises; ( l ) the duties of accredited certification bodies in relation to the certification of regulated fire safety products; ( m ) the duties of a local representative appointed by a foreign person to whom a certificate of conformity is issued; ( n ) the duties of a person to whom a certificate of conformity is issued; ( o ) the prescribing of the type of tests to be applied to any petroleum or flammable material to ascertain its flashpoint and the methods of applying the same; ( p ) the determining of the standard of any class of petroleum; ( q ) the licensing and management of relevant pipelines and places for storing any class of petroleum or any flammable material, including requirements to establish Company Emergency Response Teams and to prepare Emergency Response Plans for such Company Emergency Response Teams to undergo such training or assessment and satisfy such standards as the Commissioner may specify; ( r ) the prescribing of the quantities of any class of petroleum or any flammable material that may be stored in any licensed premises and the method in which it is to be stored including the maximum quantity of any class of petroleum or any flammable material that can be stored without a licence for residential, commercial or industrial use; ( s ) the regulation of the dispensing of any class of petroleum or any flammable material; ( t ) the regulation of the conveyance of any class of petroleum or any flammable material by a relevant pipeline; ( u ) the regulation of the transport of any class of petroleum or any flammable material, including specifying the time during which such petroleum or flammable material can be transported and the maximum quantity of any class of petroleum or any flammable material that can be transported without a licence or permit; ( v ) the determining of the quantity of and the receptacles in which any class of petroleum or any flammable material may be carried in any vehicle; ( w ) the prescribing of the standard and specification for the construction of any premises in which any class of petroleum or any flammable material is to be stored; ( x ) the prescribing of the types and standards of materials and appliances to be used for preventing or extinguishing fire in any licensed premises; ( y ) the provisions for the protection of premises adjacent to licensed premises; ( z ) the requiring of any receptacle containing petroleum or flammable material to carry warning labels and to denote the class of petroleum or the flammable material contained therein; ( za ) the regulation of the import, storage, transport, distribution, maintenance and disposal of cylinders used to contain any class of petroleum or flammable material, including requirements to store different brands of cylinders at different licensed premises and for labelling and colour-coding of cylinders; ( zb ) the prescribing of fees and charges for the purposes of this Act; ( zc ) the prescribing of conditions to be attached to any licence or permit, including the requirement for licensees to impose specified contractual terms on other parties to enable the licensee to maintain fire safety in its operations, and the requirements and conditions to be observed by persons at the premises or driving any vehicle to which the licence or permit relates; ( zd ) the regulation, control and licensing of persons and organisations engaged in the business of petroleum or flammable material distribution; ( ze ) the requirement for security to be given by any class of licensees to ensure compliance with this Act; ( zf ) the prescribing of forms for licences and permits and for other purposes for use in connection with this Act; ( zg ) the duties and responsibilities of registered inspectors and fire safety engineers and the manner in which those duties and responsibilities are to be discharged, including a code of conduct and ethics for registered inspectors and fire safety engineers; ( zh ) the prescribing of the procedure of the Appeal Advisory Board; ( zi ) the regulation of the proceedings of any Inquiry Committee constituted under section 9 or section 44; ( zj ) the prescribing of the procedure of or any other matter relating to an appeal to the Minister; ( zk ) the prescribing of a right to appeal to the Minister against a decision made under the regulations; ( zl ) the prescribing of any matter which is required for the purposes of this Act. [7/2004; 14/2013; 22/2019] (2) The Minister may, in making any regulations under subsection (1), provide that any contravention or failure to comply with any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both. [61


document_id: fsa-1993
provision_ref: s114
chapter: PART 7 - MISCELLANEOUS
section: 114
title: Transitional provisions
content:
114. —(1) Any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved under the repealed Fire Service Act (Cap. 110, 1985 Revised Edition) or the repealed section 12, 14, 17, 18 or 19 of the Petroleum Act (Cap. 229, 1985 Revised Edition), so far as it is not inconsistent with the provisions of this Act and except as otherwise expressly provided in this Act or in any other written law, continues and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act. (2) All moneys belonging to the Fire Service Welfare Fund established under section 12 of the repealed Fire Service Act (Cap. 110, 1985 Revised Edition) are, on 8 April 1994, transferred to and deemed to be moneys belonging to the Civil Defence Force Fund established under section 101 of the Civil Defence Act 1986 and must be used for the purposes stated in that section. [62


document_id: fsma-2022
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Financial Services and Markets Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: fsma-2022
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Monetary Authority of Singapore established by the Monetary Authority of Singapore Act 1970; “bank” means a bank licensed under the Banking Act 1970; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “financial institution” means — ( a ) any bank; ( b ) any merchant bank licensed under the Banking Act 1970; ( c ) any finance company licensed under the Finance Companies Act 1967; ( d ) any person that is approved as a financial institution under section 4; ( e ) a person granted a licence under the Payment Services Act 2019; ( f ) any insurer licensed or regulated under the Insurance Act 1966; ( g ) any insurance intermediary registered or regulated under the Insurance Act 1966; ( h ) any financial adviser licensed under the Financial Advisers Act 2001; ( i ) any approved holding company, approved exchange, recognised market operator, licensed trade repository, licensed foreign trade repository, approved clearing house, recognised clearing house, authorised benchmark administrator, authorised benchmark submitter, designated benchmark submitter or holder of a capital markets services licence under the Securities and Futures Act 2001; ( j ) any trustee for a collective investment scheme authorised under section 286 of the Securities and Futures Act 2001, that is approved under that Act; ( k ) any trustee-manager of a business trust that is registered under the Business Trusts Act 2004; ( l ) any licensed trust company under the Trust Companies Act 2005; ( m ) any designated financial holding company under the Financial Holding Companies Act 2013; ( n ) any person licensed under the Banking Act 1970 to carry on the business of issuing credit cards or charge cards in Singapore; ( o ) any operator of a designated payment system regulated under the Payment Services Act 2019; ( p ) any person licensed under this Act to carry on the business of providing any type of digital token service; and ( q ) any other person licensed, approved, authorised, designated, recognised, registered or otherwise regulated under this Act or any other MAS scheduled Act — (i) including any person who is exempted under this Act or any other MAS scheduled Act from being licensed, approved, authorised, designated, recognised, registered or regulated; but (ii) not including any collective investment scheme that is authorised under section 286, or recognised under section 287, of the Securities and Futures Act 2001, but does not include (whether in respect of the whole, or any Part or provision, of this Act) such person or class of persons as the Authority may, by regulations made under section 192, prescribe; “Guidelines on Fit and Proper Criteria” means the Guidelines on Fit and Proper Criteria mentioned in section 188 which are for the time being in force; “MAS scheduled Act” means any Act set out in the Schedule to the Monetary Authority of Singapore Act 1970.


document_id: fsma-2022
provision_ref: s3
chapter: PART 2 - GENERAL POWERS OVER FINANCIAL INSTITUTIONS
section: 3
title: Power to issue directions to financial institutions
content:
3. —(1) The Authority may, if the Authority thinks it necessary in the public interest, request information from and make recommendations to such financial institutions as the Authority may, from time to time, determine and issue directions for the purpose of securing that effect is given to any such request or recommendation. (2) Before issuing any direction under subsection (1), the financial institution or financial institutions concerned must, unless the Authority in respect of any particular direction decides that it is not practicable or desirable, be given an opportunity to make representations with regard to the proposed direction within such time as the Authority specifies. (3) Upon receipt of any representations mentioned in subsection (2), the Authority must consider the representations and may — ( a ) reject the representations; or ( b ) amend or modify the proposed direction in accordance with the representations, or otherwise, and in either event, the Authority must thereupon issue a direction in writing to such financial institution or financial institutions (as the case may be) requiring that effect be given to the proposed direction or to the proposed direction as subsequently amended or modified by the Authority within a reasonable time, and the financial institution or financial institutions (as the case may be) must comply with that direction. (4) A financial institution that fails or refuses to comply with a direction issued under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. (5) It is not necessary to publish any direction issued under this section in the Gazette .


document_id: fsma-2022
provision_ref: s4
chapter: PART 2 - GENERAL POWERS OVER FINANCIAL INSTITUTIONS
section: 4
title: Power to approve financial institutions and control their operations
content:
4. —(1) The Authority may require any relevant financial institution which operations are considered by the Authority to affect — ( a ) monetary stability and credit and exchange conditions in Singapore; ( b ) the development of Singapore as a financial centre; or ( c ) the financial situation of Singapore generally, to be approved by the Authority for the purpose of carrying on business in Singapore. (2) On an application in writing for approval under subsection (1), the Authority may — ( a ) grant approval; ( b ) grant approval subject to such conditions as the Authority sees fit to impose; or ( c ) refuse to grant approval without any obligation to give reasons for its refusal. (3) Without limiting section 3, the Authority may, if the Authority thinks it necessary or expedient in the public interest, give directions either of a general or special nature to any relevant financial institution approved under subsection (2) in relation to — ( a ) the range of activities that the relevant financial institution may engage in or the range of services that the relevant financial institution may provide; ( b ) the terms and conditions under which the relevant financial institution may carry on a particular activity or provide a particular service; and ( c ) all matters in which it appears to the Authority that — (i) the activities that the relevant financial institution engages in; or (ii) the services that the relevant financial institution provides, affect or are likely to affect — (iii) monetary or economic policy; (iv) credit conditions; or (v) the development of Singapore as a financial centre, and the relevant financial institution must comply with the directions. (4) The Authority may, from time to time, issue guidelines to and impose conditions of operation on any relevant financial institution as the Authority thinks fit and may amend or revise those guidelines and conditions. (5) The Authority may withdraw approval of a relevant financial institution if it appears to the Authority that — ( a ) any information required to be provided in connection with an application for approval was false or misleading in a material particular; ( b ) the relevant financial institution has failed to comply with any direction or guideline issued or condition attached to an approval or conditions of operation imposed under this section; ( c ) the relevant financial institution has conducted its affairs so as to threaten the interests of its depositors or customers; or ( d ) it is in the public interest to do so. (6) Any relevant financial institution that is aggrieved by a decision of the Authority to withdraw approval may appeal against the decision to the Minister whose decision is final. (7) A relevant financial institution, required under subsection (1) to obtain the Authority’s approval, that carries on its business without first obtaining that approval shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine of $3,000 for every day or part of a day during which the offence continues after conviction. (8) A relevant financial institution that fails to comply with any direction given under subsection (3) or any condition subject to which an approval is granted under subsection (2)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine of $2,000 for every day or part of a day during which the offence continues after conviction. (9) It is not necessary to publish any direction given under this section in the Gazette . (10) In this section, “relevant financial institution” means any financial institution or class of financial institutions other than — ( a ) a financial institution or class of financial institutions licensed, approved, authorised, designated, recognised, registered or otherwise regulated by the Authority under this Act or any other MAS scheduled Act; or ( b ) a financial institution or class of financial institutions exempted from being licensed, approved, authorised, designated, recognised, registered or regulated by the Authority under this Act or any other MAS scheduled Act.


document_id: fsma-2022
provision_ref: s5
chapter: PART 2 - GENERAL POWERS OVER FINANCIAL INSTITUTIONS
section: 5
title: Fees
content:
5. —(1) Every financial institution approved by the Authority under section 4 may be required to pay such fees in respect of anything done under or by virtue of that section as the Authority may by notification in the Gazette prescribe. (2) The Authority may prescribe different fees in respect of different classes of financial institutions and such fees are to apply uniformly to such classes. (3) The manner of payment is as specified by the Authority.


document_id: fsma-2022
provision_ref: s6
chapter: PART 3 - PROHIBITION ORDER
section: 6
title: Interpretation of this Part
content:
6. In this Part, unless the context otherwise requires — “appointee”, in relation to a financial institution, or any other person who carries on a business or an activity, provides a relevant service or performs a relevant function — ( a ) means a person, by whatever name called, in the employment of, or acting for, or by arrangement with, the financial institution or other person, who carries on, provides or performs for or on behalf of the financial institution or other person, any activity, business, service or relevant function, whether or not the person is remunerated, and whether the person’s remuneration, if any, is by way of salary, wages, commission or otherwise; and ( b ) includes any officer of the financial institution or other person who carries on, provides or performs for or on behalf of the financial institution or other person, any activity, business, service or relevant function, whether or not the officer is remunerated, and whether the officer’s remuneration, if any, is by way of salary, wages, commission or otherwise, but does not include a representative; “company” has the meaning given by section 4(1) of the Companies Act 1967; “critical system”, in relation to a financial institution, means a system, the failure of which will — ( a ) cause significant disruption to the operations of the financial institution; or ( b ) materially and adversely impact any service that the financial institution is providing to its customers; “critical system administration” refers to the maintenance or operation of a critical system of a financial institution by persons granted access to the system; “digital payment token” has the meaning given by section 2(1) of the Payment Services Act 2019; “digital payment token instrument” has the meaning given by section 2(1) of the Payment Services Act 2019; [Act 18 of 2022 wef 30/06/2025] “director” includes — ( a ) any person occupying the position of director of a corporation by whatever name called; ( b ) a person in accordance with whose directions or instructions the directors of a corporation are accustomed to act; and ( c ) an alternate or substitute director; “handling of funds or assets” means any of the following: ( a ) the safeguarding or administration of funds or assets belonging to a customer of a financial institution; ( b ) the safeguarding or administration of funds or assets belonging to a financial institution; ( c ) the safeguarding of a digital payment token belonging to — (i) a customer of a financial institution; or (ii) a financial institution, where the financial institution has control over the digital payment token; ( d ) the carrying out of an instruction relating to a digital payment token for — (i) a customer of a financial institution; or (ii) a financial institution’s own account, where the financial institution has control over the digital payment token; ( e ) the safeguarding of a digital payment token instrument belonging to — (i) a customer of a financial institution; or (ii) a financial institution, where the financial institution has control over one or more digital payment tokens associated with the digital payment token instrument; ( f ) the carrying out of an instruction relating to one or more digital payment tokens associated with a digital payment token instrument for — (i) a customer of a financial institution; or (ii) a financial institution’s own account, where the financial institution has control over the digital payment token instrument; “officer”, in relation to a corporation, includes — ( a ) a director, a secretary or an employee of the corporation; ( b ) a receiver or manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and ( c ) the liquidator of the corporation appointed in a voluntary winding up; “relevant function” means any one or more of the following functions in a financial institution, in relation to an activity, a business or a service, the conduct of which is regulated or authorised by the Authority: ( a ) handling of funds or assets; ( b ) risk taking; ( c ) risk management and control; ( d ) critical system administration; ( e ) any other function critical to the integrity or functioning of financial institutions which the Authority may prescribe for the purpose of protecting trust or deterring misconduct in the financial industry; “relevant service”, in relation to a financial institution — ( a ) means any service which the financial institution obtains or receives from another person; but ( b ) does not include — (i) a service provided in the course of employment by an employee of the financial institution; or (ii) a service provided by a director, a representative or an officer of that financial institution in the course of the director’s, representative’s or officer’s appointment; “representative” — ( a ) in relation to a financial adviser licensed under the Financial Advisers Act 2001, has the meaning given by section 2(1) of that Act; and ( b ) in relation to an authorised benchmark administrator, exempt benchmark administrator, authorised benchmark submitter, exempt benchmark submitter, designated benchmark submitter, or a person who carries on business in any regulated activity, under the Securities and Futures Act 2001, has the meaning given by section 2(1) of that Act; “risk management and control” means any of the following: ( a ) the identification, assessment, monitoring and reporting of specified risks arising from a financial institution’s operations; ( b ) the development and implementation of policies and procedures intended to ensure compliance by a financial institution with the relevant legal and regulatory requirements in the jurisdictions that the financial institution conducts business in; ( c ) the monitoring of, auditing of or reporting on compliance with policies and procedures intended to ensure compliance by a financial institution with the relevant legal and regulatory requirements in the jurisdictions that the financial institution conducts business in; “risk taking” means the taking of actions that result in a financial institution undertaking any specified risk in the course of the business of the financial institution; “share” has the meaning given by section 4(1) of the Companies Act 1967; “specified risk” means credit risk, asset risk, liquidity risk, market risk, operational risk, technology risk, market conduct risk, money laundering risk, terrorism financing risk, legal risk, reputational risk, regulatory risk, or any other risks as may be prescribed by the Authority; “system” means any hardware, software, network or other information technology component which is part of an information technology infrastructure; “treasury share” — ( a ) in relation to a company, has the meaning given by section 4(1) of the Companies Act 1967; and ( b ) in relation to a corporation (other than a company), means any share equivalent to a treasury share in a company; “voting share” has the meaning given by section 4(1) of the Companies Act 1967.


document_id: fsma-2022
provision_ref: s7
chapter: PART 3 - PROHIBITION ORDER
section: 7
title: Power of Authority to make prohibition orders
content:
7. —(1) The Authority may, by written notice, make a prohibition order against any person, if the Authority is satisfied that the person is not a fit and proper person in accordance with the Guidelines on Fit and Proper Criteria to carry out any one or more of the acts mentioned in subsection (2)( a ), ( b ), ( c ), ( d ) or ( e ). (2) A prohibition order made under subsection (1) may prohibit the person, whether permanently or for a specified period, from any one or more of the following: ( a ) carrying on any activity or business, or providing any service, the carrying on or provision (as the case may be) of which is regulated or authorised by the Authority; ( b ) performing any relevant function; ( c ) taking part, directly or indirectly, in the management of, or acting as a director, partner or manager of, any financial institution; ( d ) becoming a substantial shareholder of any financial institution that is a corporation; ( e ) where the person is a substantial shareholder of a financial institution that is a corporation, acquiring any interest in any voting share in the financial institution other than a voting share in which the person already has an interest. (3) A prohibition order made under subsection (1) may allow the person, subject to any condition specified in the order — ( a ) to do a specified act; or ( b ) to do a specified act in specified circumstances, that the order would otherwise prohibit the person from doing. (4) The Authority must not make a prohibition order against a person without giving the person an opportunity to be heard. (5) Any person who is aggrieved by the decision of the Authority to make a prohibition order against the person may, within 30 days after the decision, appeal in writing to the Minister. (6) Where the Authority makes a prohibition order against any person who is an appointed, provisional or temporary representative under the Securities and Futures Act 2001 or an appointed or provisional representative under the Financial Advisers Act 2001, it must indicate against the person’s name in the public register of representatives under the Securities and Futures Act 2001 or the Financial Advisers Act 2001 (as the case may be) that fact, and the indication must remain in the register for the duration that the prohibition order is in force. (7) For the purposes of this section, a person is a substantial shareholder of a financial institution that is a corporation if — ( a ) the person has an interest or interests in one or more voting shares (excluding treasury shares) in the financial institution; and ( b ) the total votes attached to that share, or those shares, is not less than 5% of the total votes attached to all the voting shares (excluding treasury shares) in the financial institution. (8) For the purposes of this section, a person is a substantial shareholder of a financial institution that is a corporation the share capital of which is divided into 2 or more classes of shares, if — ( a ) the person has an interest or interests in one or more voting shares (excluding treasury shares) in one of those classes; and ( b ) the total votes attached to that share, or those shares, is not less than 5% of the total votes attached to all the voting shares (excluding treasury shares) in that class. (9) In this section, “partner” and “manager”, in relation to a financial institution that is a limited liability partnership, have the meanings given by section 2(1) of the Limited Liability Partnerships Act 2005. (10) Section 4 of the Securities and Futures Act 2001, with the necessary modifications, applies for the purpose of determining whether a person has an interest in a voting share as if a reference to securities, securities‑based derivatives contracts or units in a collective investment scheme is a reference to voting shares.


document_id: fsma-2022
provision_ref: s8
chapter: PART 3 - PROHIBITION ORDER
section: 8
title: Effect of prohibition orders
content:
8. —(1) A person against whom a prohibition order is made must comply with the prohibition order. (2) Where a prohibition order is made against a person ( A ), a financial institution must not employ or enter into any arrangement with A , or use A ’s service, whether directly or indirectly — ( a ) to carry on any activity or business, or provide any service, the carrying on or provision (as the case may be) of which is regulated or authorised by the Authority; or ( b ) to perform any relevant function, to the extent that the activity, business, service or relevant function is prohibited by the order. (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 2 years or to both. (4) A financial institution that contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (5) Where a financial institution is charged with an offence for contravening subsection (2) for indirectly employing or entering into an arrangement with A or indirectly using A ’s service, to carry on any activity or business, or provide any service, the carrying on or provision of which is regulated or authorised by the Authority, or to perform any relevant function, that is prohibited by a prohibition order made against A , it is a defence for the financial institution to prove — ( a ) that the financial institution took all reasonable steps to ensure compliance with subsection (2); and ( b ) after doing so, believed on reasonable grounds, that it is not and will not be indirectly employing or entering into an arrangement with, or indirectly using the services of, any person to carry on any activity or business, provide any service, or perform the relevant function, where the person is prohibited by a prohibition order made against the person from carrying on the activity or business, providing the service, or performing the relevant function. (6) Any person against whom a prohibition order has been issued prohibiting the person from — ( a ) carrying on any activity or business, or providing any service the carrying on, or provision (as the case may be) of which is regulated or authorised by the Authority; or ( b ) performing any relevant function, must (by written notice) immediately inform all its representatives or appointees who, for or on behalf of the person, carry on the activity or business, provide the service or perform the relevant function, of the prohibition order and the period for which the prohibition order is to be in force. (7) Any representative or appointee to whom notice of the prohibition order is given under subsection (6) must cease to carry on any activity or business, provide any service or perform any relevant function, for or on behalf of the person against whom the prohibition order was issued to the same extent that that person is prohibited from carrying on that activity or business, providing that service, or performing that relevant function under the prohibition order. (8) A person who contravenes subsection (6) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction. (9) A prohibition order does not operate so as to — ( a ) avoid or affect any agreement, transaction or arrangement entered into by the person against whom the order is made, whether the agreement, transaction or arrangement was entered into before, on or after the issue of the prohibition order; or ( b ) affect any right, obligation or liability arising under any such agreement, transaction or arrangement.


document_id: fsma-2022
provision_ref: s9
chapter: PART 3 - PROHIBITION ORDER
section: 9
title: Variation or revocation of prohibition orders
content:
9. —(1) The Authority may vary or revoke a prohibition order, by giving written notice to the person against whom the order was made, if the Authority is satisfied that it is appropriate to do so because of a change in any of the circumstances based on which the Authority made the order. (2) The Authority may vary or revoke a prohibition order under subsection (1) — ( a ) on the Authority’s own initiative; or ( b ) if the person against whom the order was made lodges with the Authority an application for the Authority to do so, accompanied by such documents as may be required by the Authority. (3) An application mentioned in subsection (2)( b ) must be accompanied by the prescribed fee, if any. (4) The Authority must not vary a prohibition order made against a person under subsection (2)( a ) without giving the person an opportunity to be heard. (5) A person who is aggrieved by the decision of the Authority to vary a prohibition order made against the person under subsection (2)( a ) may, within 30 days after the decision, appeal in writing to the Minister.


document_id: fsma-2022
provision_ref: s10
chapter: PART 3 - PROHIBITION ORDER
section: 10
title: Date and effect of prohibition orders
content:
10. A prohibition order, or any variation or revocation of a prohibition order, takes effect on the date specified by the Authority in the order or the notice in section 9(1), as the case may be.


document_id: fsma-2022
provision_ref: s11
chapter: PART 3 - PROHIBITION ORDER
section: 11
title: Power of Authority to publish information
content:
11. The Authority — ( a ) must publish the making of a prohibition order under section 7, and the variation or revocation of a prohibition order under section 9, in such manner as the Authority thinks will secure adequate publicity for the fact that the prohibition order was made, varied or revoked, as the case may be; and ( b ) may from time to time and in such form or manner as the Authority thinks fit, publish such other information relating to — (i) the making of a prohibition order under section 7, or the variation or revocation of a prohibition order under section 9; or (ii) the person in respect of whom a prohibition order was made under section 7, or varied or revoked under section 9, as the Authority may consider necessary or expedient to publish in the interest of the public or a section of the public or for the protection of investors.


document_id: fsma-2022
provision_ref: s12
chapter: PART 3 - PROHIBITION ORDER
section: 12
title: Records of prohibition orders
content:
12. —(1) The Authority must keep, in such form as the Authority thinks fit, records on persons — ( a ) against whom prohibition orders are made under section 7; and ( b ) whose or which prohibition orders are varied or revoked under section 9. (2) The Authority may publish the records mentioned in subsection (1), or any part of the records, in such manner as the Authority considers appropriate. (3) Any person may, upon payment of such fee as may be prescribed, inspect the records kept or published by the Authority under subsection (1) or (2), or require a copy of or extract from, such records to be given or certified by the Authority. (4) A copy of or an extract from any record mentioned in subsection (3) that is certified by the Authority to be a true copy or extract is admissible as prima facie evidence of the matter stated therein in any legal proceedings. Division 2 &#x2014; Appeals on prohibition orders and miscellaneous


document_id: fsma-2022
provision_ref: s13
chapter: PART 3 - PROHIBITION ORDER
section: 13
title: Appeals to Minister
content:
13. —(1) Where an appeal is made to the Minister under this Part, the Minister may confirm, vary or reverse the decision of the Authority on appeal, or give such directions in the matter as the Minister thinks fit, and the decision of the Minister is final. (2) Where an appeal is made to the Minister under this Part, the Minister must, within 28 days after the receipt of the appeal, constitute an Appeal Advisory Committee comprising not less than 3 members of the Appeal Advisory Panel and refer that appeal to the Appeal Advisory Committee. (3) The Appeal Advisory Committee is to submit to the Minister a written report on the appeal referred to the Committee under subsection (2), and may make such recommendations as the Committee thinks fit. (4) The Minister must consider the report submitted under subsection (3) in making his or her decision under this section but he or she is not bound by the recommendations in the report.


document_id: fsma-2022
provision_ref: s14
chapter: PART 3 - PROHIBITION ORDER
section: 14
title: Appeal Advisory Committees
content:
14. —(1) For the purpose of enabling Appeal Advisory Committees to be constituted under section 13, the Minister is to appoint a panel (called in this Part the Appeal Advisory Panel) comprising such members from the financial services industry, and the public and private sectors, as the Minister may appoint. (2) A member of the Appeal Advisory Panel is to be appointed for a term of not more than 2 years and is eligible for re-appointment. (3) An Appeal Advisory Committee has the power, in the exercise of its functions, to inquire into any matter or thing relating to the financial services industry and may, for this purpose, summon any person to give evidence on oath or affirmation or produce any document or material necessary for the purpose of the inquiry. (4) Nothing in subsection (3) compels the production by an advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act 1893, of a document or material containing a privileged communication made by or to him or her in that capacity or authorise the taking of possession of any such document or material which is in his or her possession. (5) An advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act 1893, who refuses to produce any document or other material referred to in subsection (4) is nevertheless obliged to give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, the privileged communication was made. (6) For the purposes of this Part, every member of an Appeal Advisory Committee — ( a ) is taken to be a public servant for the purposes of the Penal Code 1871; and ( b ) in case of any suit or legal proceedings brought against him or her for any act done or omitted to be done in the execution of his or her duty under the provisions of this Part, has the like protection and privileges as are by law given to a Judge in the execution of his or her office. (7) A person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. (8) Every Appeal Advisory Committee must have regard to the interest of the public, the protection of investors and the safeguarding of sources of information. (9) Subject to the provisions of this Part, an Appeal Advisory Committee may regulate its own procedure and is not bound by the rules of evidence.


document_id: fsma-2022
provision_ref: s15
chapter: PART 4 - POWERS REGARDING INTERNATIONAL
section: 15
title: Directions or regulations to discharge Government’s international obligations
content:
15. —(1) The Authority may, from time to time — ( a ) issue such directions to a financial institution or class of financial institutions; and ( b ) make such regulations under section 192 concerning any financial institution or class of financial institutions or relating to the activities of any financial institution or class of financial institutions, as the Authority considers necessary in order to discharge or facilitate the discharge of any obligation binding on Singapore by virtue of a decision of the Security Council of the United Nations. (2) A financial institution to which a direction is issued under subsection (1)( a ) or which is bound by any regulations mentioned in subsection (1)( b ) must comply with the direction or regulations despite any other duty imposed on the financial institution by any rule of law, written law or contract. (3) A financial institution in carrying out any act in compliance with any direction or regulations mentioned in subsection (1), is not to be treated as being in breach of any such rule of law, written law or contract. (4) A financial institution must not disclose any direction issued under subsection (1)( a ) if the Authority notifies the financial institution that the Authority is of the opinion that the disclosure of the direction is against the public interest. (5) A financial institution that — ( a ) fails or refuses to comply with a direction issued to the financial institution under subsection (1); ( b ) contravenes any regulations mentioned in subsection (1); or ( c ) discloses a direction issued to the financial institution in contravention of subsection (4), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million. (6) It is not necessary to publish any direction issued under this section in the Gazette .


document_id: fsma-2022
provision_ref: s16
chapter: PART 4 - POWERS REGARDING INTERNATIONAL
section: 16
title: Requirements for prevention of money laundering and terrorism financing
content:
16. —(1) The Authority may, from time to time, issue such directions, or make such regulations under section 192, concerning any financial institution or class of financial institutions as the Authority considers necessary for the prevention of money laundering or the financing of terrorism. (2) In particular, the directions and regulations mentioned in subsection (1) may provide for — ( a ) customer due diligence measures to be conducted by financial institutions to prevent money laundering and the financing of terrorism; and ( b ) the records to be kept for that purpose. (3) A financial institution must — ( a ) conduct such customer due diligence measures as may be specified by the directions referred to in subsection (2) that are issued to the financial institution, or as may be prescribed by the regulations mentioned in that subsection that are applicable to the financial institution; and ( b ) maintain records on transactions and information obtained through the conduct of those measures for such period and in such manner as may be specified by the directions referred to in subsection (2) that are issued to the financial institution, or as may be prescribed by the regulations mentioned in that subsection that are applicable to the financial institution. (4) A financial institution that — ( a ) fails to comply with a direction issued to the financial institution under subsection (1); ( b ) contravenes any regulations mentioned in subsection (1); or ( c ) contravenes subsection (3), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine of $100,000 for every day or part of a day during which the offence continues after conviction. (5) It is not necessary to publish any direction issued under this section in the Gazette . Division 2 &#x2014; Assistance to foreign authorities and domestic
authorities for their supervisory functions and other actions
in respect of money laundering, terrorism financing
and other offences Subdivision (1) &#x2014; General provisions


document_id: fsma-2022
provision_ref: s17
chapter: PART 4 - POWERS REGARDING INTERNATIONAL
section: 17
title: Interpretation of this Division
content:
17. —(1) In this Division, unless the context otherwise requires — “agent” means an insurance agent in respect of policies which relate to general business within the meaning of section 3(1)( b ) of the Insurance Act 1966; “AML/CFT authority” or Anti-Money Laundering/Countering the Financing of Terrorism authority means a public authority of a foreign country which is responsible for the supervision of foreign financial institutions in that foreign country; “AML/CFT requirement” or Anti-Money Laundering/Countering the Financing of Terrorism requirement — ( a ) in relation to a foreign country, means a law or regulatory requirement of that foreign country for the detection or prevention of money laundering or the financing of terrorism; or ( b ) in relation to Singapore, means a written law, or a regulatory requirement imposed under a written law, for the detection or prevention of money laundering or the financing of terrorism; “applicable offence” means a drug dealing offence or a serious offence as defined in the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; “book” includes any record, register, document or other record of information and any account or accounting record, however compiled, recorded or stored, and whether in written or printed form or on microfilm or any electronic form or otherwise; “chief executive”, in relation to a financial institution, means any person, by whatever name called, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the financial institution; and ( b ) is principally responsible for the management and conduct of the business of the financial institution; “corresponding authority” means a public authority of a foreign country which exercises a function that corresponds to a regulatory function of the Authority under any prescribed written law; “director”, in relation to a financial institution, includes — ( a ) any person, by whatever name called, occupying the position of a director of the financial institution; ( b ) a person in accordance with whose directions or instructions the directors of the financial institution are accustomed to act; and ( c ) an alternate director, or a substitute director, of the financial institution; “domestic authority” means a Law Officer, a ministry or department of the Government, or a statutory body (other than the Authority) established by or under a public Act for a public purpose; “employee” includes an individual seconded or temporarily transferred from another employer; “enforcement action” means any civil or criminal action taken by a domestic authority against a person for an applicable offence, including the restraining of dealing with, or the seizure or confiscation of, any property in connection with an applicable offence, and the offer of composition of the offence; “executive officer”, in relation to a financial institution, means any person, by whatever name called, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the financial institution; and ( b ) is concerned with or takes part in the management of the financial institution on a day-to-day basis; “foreign country” means any country or territory other than Singapore; “foreign financial institution” means an institution that is licensed, approved, registered or otherwise regulated under any law administered by a corresponding authority in a foreign country to carry on any financial activities in that country, or that is exempted from such licensing, approval, registration or regulation for the carrying on of any financial activities in that country; “information” includes any information, book, document or other record in any form whatsoever (including an electronic form), as well as any container or article containing any information or record; “insurance agent” has the meaning given by section 2 of the Insurance Act 1966; “investigation”, in relation to a domestic authority, means an investigation by that authority to determine if a person has committed or is committing an applicable offence; “Law Officer” means the Attorney-General, a Deputy Attorney‑General, the Solicitor‑General, a Deputy Public Prosecutor or a legally qualified member of the Attorney‑General’s Chambers; “office-holder”, in relation to a financial institution, means any person acting as the liquidator, the provisional liquidator, the receiver or the receiver and manager of the financial institution, or acting in an equivalent capacity in relation to that financial institution; “policy” has the meaning given by the First Schedule to the Insurance Act 1966; “prescribed written law” means the following Acts and the subsidiary legislation made under those Acts: ( a ) this Act; ( b ) the Banking Act 1970; ( c ) the Business Trusts Act 2004; ( d ) the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011; ( e ) the Finance Companies Act 1967; ( f ) the Financial Advisers Act 2001; ( g ) the Financial Holding Companies Act 2013; ( h ) the Insurance Act 1966; ( i ) the Monetary Authority of Singapore Act 1970; ( j ) the Payment Services Act 2019; ( k ) the Securities and Futures Act 2001; ( l ) the Trust Companies Act 2005; ( m ) such other Act as the Authority may prescribe by regulations made under section 192; “protected information” means information that is protected from unauthorised disclosure under any prescribed written law; “public authority” includes a financial supervisor established as an independent non‑governmental authority under a law of a foreign country; “supervision” — ( a ) in relation to an AML/CFT authority of a foreign country, means the supervision by the AML/CFT authority of foreign financial institutions carrying on any financial activities in that country for compliance with the AML/CFT requirements of that country applicable to those institutions; or ( b ) in relation to a domestic authority, means the supervision by the domestic authority of persons regulated by it for compliance with the applicable AML/CFT requirements of Singapore; “supervisory action” — ( a ) in relation to an AML/CFT authority, means any action taken by the AML/CFT authority for or in connection with its supervision of foreign financial institutions; or ( b ) in relation to a domestic authority, means any action taken by the domestic authority for or in connection with its supervision of persons regulated by it. (2) In this Division, an AML/CFT authority exercises consolidated supervision authority over a financial institution if — ( a ) the financial institution is either — (i) a foreign financial institution established or incorporated in the foreign country of the AML/CFT authority; or (ii) a subsidiary of such a foreign financial institution; and ( b ) the AML/CFT authority carries out consolidated supervision of the foreign financial institution mentioned in paragraph ( a )(i) or (ii) (as the case may be) and its subsidiaries, branches, agencies and offices outside that foreign country, for compliance with the AML/CFT requirements of that foreign country that are applicable to the foreign financial institution.


