# legal_provisions

document_id: ba-1970
provision_ref: s76A
chapter: PART 9 - MISCELLANEOUS
section: 76A
title: Authority’s powers of exemption
content:
76A. —(1) The Authority may, by regulations, exempt any person or class of persons from all or any of the provisions of this Act, subject to such conditions as may be prescribed. (2) The Authority may, on the application of any person, by written notice, exempt the person from all or any of the provisions of this Act or any direction issued or requirement imposed by the Authority under this Act if the Authority considers it appropriate to do so in the circumstances of the case. (3) An exemption under subsection (2) — ( a ) may be granted subject to such conditions as the Authority may specify by written notice; and ( b ) need not be published in the Gazette . (4) The Authority may at any time — ( a ) revoke any exemption granted; or ( b ) add to, vary or revoke any condition imposed, under this section. 77. [ Repealed by Act 1 of 2020 ]


document_id: ba-1970
provision_ref: s77A
chapter: PART 9 - MISCELLANEOUS
section: 77A
title: Amendment of Schedules
content:
77A. —(1) The Minister may by order in the Gazette , amend, add to or vary the Fourth or Fifth Schedule. (2) The Minister may, in any order under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ba-1970
provision_ref: s78
chapter: PART 9 - MISCELLANEOUS
section: 78
title: Regulations
content:
78. —(1) The Authority may, from time to time, make such regulations as may be necessary or expedient for carrying out the purposes and provisions of this Act and for prescribing anything that may be required or authorised to be prescribed by this Act. (2) Without limiting subsection (1), regulations may be made for or with respect to the operations or activities of any person issuing a credit card or charge card including the minimum qualifying criteria for the issue of a credit card or charge card, the standards to be maintained in the conduct of the credit card or charge card business and the duties to be undertaken when soliciting or issuing a credit card or charge card. (3) Without affecting subsection (1), regulations may be made for or with respect to — ( a ) the corporate governance, and the appointment and removal of principal officers, of banks in Singapore or merchant banks in Singapore, their related corporations or other entities in which the banks or merchant banks acquire or hold (directly or indirectly) a major stake as defined in section 32(7) or section 55ZF(2)( a ), as the case may be; ( b ) the prohibition or restriction on mutual holding of shares or other interests between the banks and their related corporations or other entities mentioned in paragraph ( a ), or between the merchant banks and their related corporations or other entities mentioned in paragraph ( a ); and ( c ) the risk management — (i) of banks, whether or not relating to banking business; and (ii) of merchant banks, whether or not relating to a permitted business. [1/2020] (4) Regulations made under this section may relate to all, or any class, category or description of persons, banks or merchant banks, and may make different provisions for different classes, categories or descriptions of persons, banks or merchant banks or to a particular person, bank or merchant bank or of general or specifically limited application. [1/2020] (5) Except as otherwise expressly provided in this Act, regulations made under this section may provide that any contravention of any of those regulations is an offence punishable — ( a ) in the case of an individual, with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 2 years or with both and, in the case of a continuing offence, with a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, with a fine not exceeding $100,000 and, in the case of a continuing offence, with a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [5/2016] (6) Regulations made under subsection (3)( c ) may provide that a contravention of any of those regulations shall be an offence punishable — ( a ) in the case of an individual, with a fine not exceeding $125,000 or with imprisonment for a term not exceeding 3 years or with both and, in the case of a continuing offence, with a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, with a fine not exceeding $250,000 and, in the case of a continuing offence, with a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. [5/2016]


document_id: ba-1970
provision_ref: s79
chapter: PART 9 - MISCELLANEOUS
section: 79
title: Transitional licensing provisions
content:
79. Despite sections 4 and 9, any bank specified in the First Schedule which on 1 January 1970 was carrying on banking business in Singapore is, as from 1 January 1971, granted a licence under this Act, which may be made subject to such conditions (if any) as are contained in any licence under which the bank was carrying on banking business in Singapore immediately before that date.


document_id: ba-1994
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else; [Act 38 of 2022 wef 01/02/2023] “access”, in relation to any content, means to read, view, hear or otherwise experience content, by means of a broadcasting service or an electronic service, and includes — ( a ) access that is subject to a precondition, such as the use of a password; ( b ) access by way of push technology; ( c ) access by way of a standing request; and ( d ) access for a limited period of time only; [Act 38 of 2022 wef 01/02/2023] “Authority” means the Info-communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016; “broadcasting apparatus” means any apparatus capable of or designed or constructed for the reception of any broadcasting service and specified in the First Schedule; “broadcasting apparatus licence” means a licence granted under section 20 in respect of broadcasting apparatus, and “broadcasting apparatus licensee” is to be construed accordingly; “broadcasting licence” means a licence granted under section 8 or 9 for the provision of a licensable broadcasting service, and “broadcasting licensee” is to be construed accordingly; “broadcasting service” means a service whereby signs or signals transmitted (whether or not encrypted) comprise — ( a ) any programme capable of being received, or received and displayed, as visual images, whether moving or still; ( b ) any sound programme for reception; or ( c ) any programme, being a combination of both visual image (whether moving or still) and sound for reception or reception and display, by persons having equipment appropriate for receiving or receiving and displaying (as the case may be) that service, irrespective of the means of delivery of that service; “Chief Executive”, in relation to the Authority, means the Chief Executive of the Authority appointed under section 40(1) of the Info-communications Media Development Authority Act 2016, and includes any individual acting in that capacity; “class licence” means a licence determined under section 9 to be applicable to certain licensable broadcasting services, and “class licensee” is to be construed accordingly; “Code of Practice” means a Code of Practice issued under this Act; “communicate”, in relation to any content, means — ( a ) to make available (by posting or otherwise); or ( b ) to distribute (by sharing or forwarding or otherwise), the content, regardless if the communication is between persons and persons, things and things or persons and things; [Act 38 of 2022 wef 01/02/2023] “content” means information or material capable of communication by means of a broadcasting service or an electronic service — ( a ) whether in the form of text; ( b ) whether in the form of speech, music or other sounds; ( c ) whether in the form of visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction); ( d ) whether in any other form; or ( e ) whether in any combination of forms; [Act 38 of 2022 wef 01/02/2023] “debenture” includes debenture stock; “dwelling house” includes a hotel, inn, boarding house or other similar establishment; “electronic service” has the meaning given by section 2A(2); [Act 38 of 2022 wef 01/02/2023] “encrypted” means treated electronically or otherwise to prevent intelligible reception; “end-user”, in relation to an electronic service, means an individual who, or an entity that, and whether or not in the course of business — ( a ) has access to content or something which contains content; or ( b ) communicates content, or something which contains content, on or by means of the electronic service, but excludes a person who is prescribed by the Minister by order in the Gazette ; [Act 38 of 2022 wef 01/02/2023] “engage in conduct” means — ( a ) to do an act or omit to do an act — (i) on a single occasion; or (ii) on a number of occasions over a period of time; or ( b ) to both do an act and omit to do an act — (i) on a single occasion; or (ii) on a number of occasions over a period of time; [Act 38 of 2022 wef 01/02/2023] “entity” means — ( a ) a body corporate (including a limited liability partnership); ( b ) an unincorporated association; ( c ) a partnership; ( d ) a body politic; ( e ) a body of individuals who together form a body; or ( f ) a person other than an individual; [Act 38 of 2022 wef 01/02/2023] “excluded electronic service” has the meaning given by section 2A(3); [Act 38 of 2022 wef 01/02/2023] “free-to-air broadcasting service” means a licensable broadcasting service made available for reception in at least 2 dwelling houses by broadcasting apparatus commonly available to the public without payment of a subscription fee; “free-to-air licence” means a broadcasting licence granted under this Act for the operation of a free-to-air broadcasting service, and “free-to-air licensee” is to be construed accordingly; “internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore — ( a ) that — (i) enables end-users to access content on the Internet using that service; or (ii) delivers content to persons having equipment appropriate for receiving that content on the Internet, where the delivery of the service is by a telecommunication service described in sub-paragraph (i); and ( b ) that is covered by a licence under the Telecommunications Act 1999, but excludes a social media service and any telecommunication service prescribed by the Minister by order in the Gazette as excluded from this definition; [Act 38 of 2022 wef 01/02/2023] “licence” means a licence granted under any provision of this Act, and “licensee” is to be construed accordingly; “licensable broadcasting service” means any broadcasting service specified in the Second Schedule and is not and has never been an online communication service; [Act 38 of 2022 wef 01/02/2023] “member” means a member of the Authority; “online Code of Practice” means a Code of Practice that is issued or amended under section 45L or amended under section 59(3) on appeal; [Act 38 of 2022 wef 01/02/2023] “online communication service” has the meaning given by section 2A(1); [Act 38 of 2022 wef 01/02/2023] “Part 10A regulations” means regulations made under section 45P; [Act 38 of 2022 wef 01/02/2023] “programme”, in relation to a broadcasting service, means — ( a ) any matter the primary purpose of which is to entertain, educate or inform all or part of the public; or ( b ) any advertising or sponsorship matter, whether or not of a commercial kind, but does not include any matter that is wholly related to or connected with any private communication, that is to say — ( c ) any communication between 2 or more persons that is of a private or domestic nature; ( d ) any internal communication of a business, Government agency or other organisation for the purpose of the operation of the business, agency or organisation; and ( e ) communications in such other circumstances as may be prescribed; “provider”, for an online communication service, has the meaning given by section 2D; [Act 38 of 2022 wef 01/02/2023] “regulated online communication service” means an online communication service that is designated under section 45K(1) as a regulated online communication service; [Act 38 of 2022 wef 01/02/2023] “regulations” means regulations made under this Act; “securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company; “shares”, in relation to a company, means shares in, or stock forming part of, the capital of the company; “Singapore end-user”, in relation to an online communication service, means any of the following end-users of the service: ( a ) an individual physically present in Singapore; ( b ) an entity which — (i) is incorporated under any written law; or (ii) is constituted or organised under a law of a foreign country or territory but registered under any written law; [Act 38 of 2022 wef 01/02/2023] “social media service” has the meaning given by section 45T; [Act 38 of 2022 wef 01/02/2023] “subscription broadcasting service” means a licensable broadcasting service made available to the audience for whom it is intended only upon the payment of a subscription fee; “subscription fee” means any form of consideration. [22/2016] (2) In this Act, unless the context otherwise requires, “part of the public” includes — ( a ) residents in a particular place; ( b ) employees of any firm, company or organisation; ( c ) occupiers of a particular building or part of the building; and ( d ) members of any profession, club or society. (3) For the purposes of this Act, a company is regarded as wholly owned by the Government at any time when all the issued shares in the company are held by or on behalf of the Government. (4) For the purposes of this Act, whether any communication of content by means of a broadcasting service or an online communication service is or is not of a private or domestic nature must be determined by having regard to all or any one of the following factors: ( a ) the number of individuals in Singapore who are able to access the content by means of the service; ( b ) any restrictions on who may access the content by means of the service (such as a requirement for approval or permission from a user, or the provider, of the service); ( c ) the relationship between the persons that the content is being or has been communicated; ( d ) any other relevant factor. [Act 38 of 2022 wef 01/02/2023] (5) However, for the purposes of subsection (4), the following factors do not count as restrictions on access to content communicated by means of a broadcasting service or an online communication service: ( a ) a requirement to log in to or register with the broadcasting service or online communication service (or part of such a service); ( b ) a requirement to make a payment or take out a subscription in order to access the broadcasting service or online communication service (or part of such a service) or to access particular content communicated by means of that service; ( c ) inability to access a broadcasting service or an online communication service (or part of such a service) or to access particular content communicated by means of that service except by using particular technology or a particular kind of device (as long as that technology or device is generally available to the public). [Act 38 of 2022 wef 01/02/2023] (6) In determining for the purposes of this Act whether an end-user is physically present in Singapore, it is to be assumed that the end-user will not falsify or conceal the end-user’s identity or location. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s2A
chapter: PART 1 - PRELIMINARY
section: 2A
title: Meanings of “online communication service” and associated terms
content:
2A. —(1) In this Act, an online communication service means an electronic service that is, or a part of an electronic service having the characteristics that are, specified in the Fourth Schedule. (2) For the purposes of subsection (1), an electronic service means a service — ( a ) that — (i) enables end-users to access or communicate content on the Internet using that service, including a point-to-multipoint service; or (ii) delivers content on the Internet to persons having equipment appropriate for receiving that content, where the delivery of the service is by a service described in sub-paragraph (i); ( b ) that is a service — (i) between a point in Singapore and one or more other points in Singapore; or (ii) between a point and one or more other points, where the firstmentioned point is outside Singapore and at least one of the other points is inside Singapore; and ( c ) that is not an excluded electronic service. (3) For the purposes of subsection (2)( c ), an excluded electronic service means — ( a ) an SMS service; ( b ) an MMS service; ( c ) an internet access service; ( d ) an electronic service where the only user-generated content enabled by that service is one-to-one live aural communications; ( e ) an electronic service where the only user-generated content enabled by that service is communication between 2 or more end-users that is of a private or domestic nature; ( f ) an electronic service where the user-generated content enabled by that service is accessible substantially or only to a closed group of end-users employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business; or ( g ) an electronic service that is prescribed by the Minister, by order in the Gazette , to be an excluded electronic service, after taking into account the functionalities of the service or the user-generated content enabled by that service or both. (4) References in this Act to an online communication service include such a service provided from outside Singapore as well as such a service provided in or from Singapore. (5) In this section — “functionality”, in relation to an electronic service, includes — ( a ) any feature that enables interactions of any description between end-users of the service; and ( b ) any feature that enables end-users to search online locations or databases, index search results or otherwise retrieve content from the search results; “MMS” means an electronic service that enables only the transmission of multimedia messages (such as visual or voice communication) from an end-user on a mobile telephone to another mobile telephone through a telecommunication service; “MMS message” means a message (whether or not accompanied by any sound or images) sent using an MMS; “one-to-one live aural communications”, in relation to an electronic service, means content — ( a ) consisting of speech or other sounds conveyed in real time between 2 end-users of the service by means of the service; ( b ) that is not a recording; and ( c ) that is not accompanied by user-generated content of any other description, except identifying content; “point-to-multipoint service” means an electronic service which allows an end-user to communicate content to more than one end-user simultaneously; “SMS” means an electronic service that only enables the transmission of short text messages from an end-user on a mobile telephone to another mobile telephone through a telecommunication service; “SMS message” means a text message sent using an SMS; “user-generated content”, in relation to an electronic service, means content — ( a ) that is — (i) generated directly on the service by an end-user of the service; or (ii) communicated by posting or sharing on the service by an end-user of the service; and ( b ) that may be accessed by another end-user of that service, or other users, of the service by means of that service. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s2B
chapter: PART 1 - PRELIMINARY
section: 2B
title: Amendment of Fourth Schedule
content:
2B. —(1) The Minister may, by order in the Gazette , revoke or replace, or add to, the Fourth Schedule. (2) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette . [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s2C
chapter: PART 1 - PRELIMINARY
section: 2C
title: Transitional arrangements for former licensable broadcasting service
content:
2C. —(1) With effect from the date that a licensable broadcasting service is specified in the Fourth Schedule as an online communication service (called the conversion date) — ( a ) this Act ceases to apply to — (i) that service as a licensable broadcasting service; and (ii) the provider of that service as a broadcasting licensee; and ( b ) this Act then continues to apply to that service as an online communication service, and the former broadcasting licensee as a provider of an online communication service, but without affecting the following: ( c ) the enforcement by any person of any right or claim against the former broadcasting licensee; ( d ) the enforcement by the former broadcasting licensee of any right or claim against any person; ( e ) any proceeding under section 12(1) with respect to the former licensable broadcasting service that is pending immediately before the conversion date; ( f ) any appeal under section 12(2) or 59(1) with respect to the former licensable broadcasting service that is pending immediately before the conversion date. (2) Any proceeding and appeal mentioned in subsection (1)( e ) and ( f ) may be continued under sections 12 and 59, respectively, as if the Fourth Schedule had not been enacted. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s2D
chapter: PART 1 - PRELIMINARY
section: 2D
title: Meaning of “provider” of online communication service
content:
2D. —(1) Subject to this section, in this Act, the provider of an online communication service is the entity that has control over — ( a ) who can use the online communication service that is specified in the Fourth Schedule; ( b ) the operations of the characteristics of the electronic service that are specified in the Fourth Schedule in respect of the online communication service; or ( c ) which content is communicated or provided on the online communication service. (2) Where an online communication service is generated by a machine, the entity that controls the machine (and that entity alone) is to be treated as being the provider of the online communication service. (3) However, if no entity controls the machine mentioned in subsection (2), but an individual controls or individuals control the machine, the provider of the online communication service is to be treated as being that individual or those individuals. (4) If no entity has control over — ( a ) who can use the online communication service that is specified in the Fourth Schedule; ( b ) the operations of the characteristics of the electronic service that are specified in the Fourth Schedule in respect of the online communication service; or ( c ) which content is communicated or provided on the online communication service, but an individual has or individuals have control over who can do so, then that individual or those individuals is or are to be treated as being the provider of the online communication service. (5) Despite subsection (1), a person that provides an internet access service through which content on an online communication service may be accessed by end-users of the online communication service, is not to be treated as a person who has control over who can use the online communication service for the purposes of this Act. (6) Part 10A regulations may be made to specify who is to be treated as a provider of an online communication service where more than one entity is treated as the provider thereof under subsection (1). [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s3
chapter: PART 2 - PROVISIONS RELATING TO AUTHORITY
section: 3
title: Directions by Minister
content:
3. —(1) The Minister may, after consultation with a person to whom this section applies, give to that person such directions as the Minister thinks fit as to the exercise by that person of that person’s functions under this Act. (2) Without limiting subsection (1), if it appears to the Minister to be requisite or expedient to do so — ( a ) when any public emergency occurs, in the public interest or in the interests of public security, national defence or relations with the government of another country; or ( b ) in order — (i) to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement; (ii) to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or (iii) to enable the Government to become a member of such an organisation or a party to such an agreement, the Minister may, after consultation with a person to whom this section applies, give such directions to that person as are necessary in the circumstances of the case. (3) Any directions given under subsection (1) or (2) may include provisions for — ( a ) the prohibition or regulation of any broadcasting service; ( b ) the taking of, the control of or the use for official purposes of, all or any system and equipment used in the provision of any broadcasting service; and ( c ) the stopping, delaying and censoring of messages and the carrying out of any other purposes which the Minister thinks necessary. (4) A person to whom this section applies must give immediate effect to any directions given to the person under subsection (1) or (2) despite any other duty imposed on the person by or under this Act. (5) A person to whom this section applies must not disclose any directions given to the person under subsection (1) or (2) if the Minister notifies the person that the Minister is of the opinion that the disclosure of the directions is against the public interest. (6) The Minister may — ( a ) pay compensation for any damage caused to a licensee by reason of its compliance with the Minister’s directions under subsection (3)( b ); or ( b ) make grants to licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the Minister’s directions under any other provisions of this section. (7) Any sums required by the Minister for paying compensation or making grants under subsection (6) are to be paid out of the Consolidated Fund. (8) This section applies to the Authority and to any person who is a licensee. (9) If any doubt arises as to — ( a ) the existence of a public emergency; or ( b ) whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister is conclusive evidence of the matters stated in the certificate.


document_id: ba-1994
provision_ref: s4
chapter: PART 2 - PROVISIONS RELATING TO AUTHORITY
section: 4
title: Exclusion of liability of Authority for act or default of licensees
content:
4. The Authority shall not be liable in respect of any injury, loss or damage suffered by any person by reason of any act, default, neglect or otherwise of any licensee or of any agent or employee of the licensee.


document_id: ba-1994
provision_ref: s5
chapter: PART 3 - LICENSING SCHEME
section: 5
title: Power of Authority to grant licences
content:
5. —(1) The Authority may grant the following licences: ( a ) broadcasting licences; ( b ) broadcasting apparatus licences. (2) The Authority may grant licences under subsection (1) in such categories as the Authority may determine are appropriate for the regulation of the broadcasting industry.


document_id: ba-1994
provision_ref: s6
chapter: PART 3 - LICENSING SCHEME
section: 6
title: Codes of Practice
content:
6. —(1) The Authority may issue and from time to time review — ( a ) Codes of Practice relating to standards of programmes and advertisements broadcast by licensees; and ( b ) Codes of Practice relating to broadcast standards required to be maintained by licensees. (2) Any provision in any Code of Practice that is inconsistent with any regulations is, to the extent of the inconsistency — ( a ) to have effect subject to the regulations; or ( b ) where appropriate, having regard to the regulations, to have no effect. (3) The Authority may in any licence exempt any licensee from any provision in a Code of Practice generally or for any time that the Authority may specify.


document_id: ba-1994
provision_ref: s7
chapter: PART 3 - LICENSING SCHEME
section: 7
title: Restriction on transfer of licences
content:
7. —(1) A licence must not be transferred to any other person without the prior written consent of the Authority to the transfer to that person. (2) Any purported transfer of any licence is for all purposes void and of no effect.


document_id: ba-1994
provision_ref: s8
chapter: PART 4 - BROADCASTING SERVICES
section: 8
title: Licensing of broadcasting services
content:
8. —(1) A person must not provide any licensable broadcasting service in or from Singapore without a broadcasting licence granted by the Authority under this section or granted under section 9. (2) Every broadcasting licence (other than a class licence) granted by the Authority must be in such form and for such period and may contain such terms and conditions as the Authority may determine. (3) The Authority may require any licensee to pay a fee on the grant of the licence or such periodic fees while the licence is in force or both of such amount as the Authority may determine by or under the licence. (4) Without limiting subsection (2), conditions attached to a free‑to‑air licence granted under this section may include — ( a ) a condition requiring the licensee to broadcast any programmes that the Authority may require and at such time, or within such period and on such broadcasting service as the Authority may specify; ( b ) a condition prohibiting or restricting, in a manner specified in the licence, the broadcasting by the licensee of advertising material which is of a class or description so specified; ( c ) the right of the Authority in the public interest to make modifications to any condition of the licence during the period to which the licence relates; ( d ) a condition requiring the licensee to provide a performance bond to secure compliance by the licensee with any condition attached to the licence; ( e ) broadcast requirements, including conditions relating to the assignment and use of frequencies, channel capacities and coverage; ( f ) a condition requiring the payment by the licensee of royalties, licence fees, spectrum utilisation fees and other fees and charges as may be prescribed; ( g ) a condition requiring the broadcasting of programmes in any language that may be specified, and the periods and duration of such broadcast; and ( h ) conditions imposing controls and restrictions, directly or indirectly, on the creation, holding or disposal of shares in the licensee or its shareholders or interests in the undertaking of the licensee or any part thereof. (5) The Authority may require any licensee to pay a charge of such amount as the Authority may determine for the late payment of any royalty, fee or charge payable by that licensee to the Authority. [Act 4 of 2008 wef 01/04/2024] (6) Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any royalty, fee or charge shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection. [Act 4 of 2008 wef 01/04/2024]


document_id: ba-1994
provision_ref: s9
chapter: PART 4 - BROADCASTING SERVICES
section: 9
title: Class licences
content:
9. —(1) The Authority may, by notification in the Gazette , determine a class licence (being a broadcasting licence) for the provision of such subscription broadcasting services and other licensable broadcasting services as the Authority may specify. (2) The Authority may include in a class licence any conditions that it thinks fit. (3) Different conditions may be specified for — ( a ) different categories of licensable broadcasting services; and ( b ) different types of such services. (4) Without limiting the conditions that may be imposed, the Authority may impose a condition on a class licence requiring the licensee to comply with a Code of Practice that is applicable to the licensee or designed to ensure that a breach of a condition of the class licence by the licensee does not recur.


document_id: ba-1994
provision_ref: s10
chapter: PART 4 - BROADCASTING SERVICES
section: 10
title: Modification of broadcasting licence conditions
content:
10. —(1) The Authority may modify the conditions of a broadcasting licence (other than a class licence) in accordance with this section. (2) Before making any modification to the conditions of a broadcasting licence under this section, the Authority must give notice to the broadcasting licensee — ( a ) stating that it proposes to make the modification in the manner specified in the notice and (except if the modification results from a contravention by the licensee as described in section 12(1)( a ) or any other default of the licensee) the compensation payable (if any) for any damage caused by the modification; and ( b ) specifying the time (being at least 28 days from the date of service of notice on the licensee) within which written representations with respect to the proposed modification may be made. (3) Upon receiving any written representation mentioned in subsection (2)( b ), the Authority must consider the representation and may — ( a ) reject the representation; or ( b ) amend the proposed modification or compensation payable in accordance with the representation, or otherwise, and, in either event, must thereupon issue a direction in writing to the broadcasting licensee requiring that effect be given to the proposed modification specified in the notice or to such modification as subsequently amended by the Authority within a reasonable time. (4) Any broadcasting licensee aggrieved by a decision of the Authority under subsection (3) may, within 14 days of receiving the direction, appeal to the Minister whose decision is final. (5) The Authority must not enforce a direction given under subsection (3) — ( a ) during the period mentioned in subsection (4); and ( b ) while the broadcasting licensee’s appeal is under consideration by the Minister. (6) If no written representation is received by the Authority within the time specified in subsection (2) or if any written representation made under that subsection is withdrawn, the Authority may immediately carry out the modification as specified in the notice given under that subsection.


document_id: ba-1994
provision_ref: s11
chapter: PART 4 - BROADCASTING SERVICES
section: 11
title: Modification of class licence conditions
content:
11. The Authority may, by notification in the Gazette — ( a ) modify the conditions specified in any class licence; or ( b ) specify additional conditions of any class licence.


document_id: ba-1994
provision_ref: s12
chapter: PART 4 - BROADCASTING SERVICES
section: 12
title: Suspension or cancellation of broadcasting licence, etc.
content:
12. —(1) If the Authority is satisfied that — ( a ) a broadcasting licensee is contravening, or has contravened, any of the conditions of its licence, any relevant Code of Practice, any of the provisions of this Act or the regulations or any direction issued by the Minister or the Authority to, or applicable to, the licensee; ( b ) a broadcasting licensee has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( c ) a broadcasting licensee has made any assignment to, or composition with, its creditors; or ( d ) the public interest or the security of Singapore so requires, the Authority may, by written notice and without any compensation, do either or both of the following: ( e ) cancel the licence or suspend the licence for any period that the Authority thinks fit and, in the case of a class licensee, cancel or suspend the application of the class licence in respect of the class licensee for any period that the Authority thinks fit; ( f ) require the payment of a fine of such amount as the Authority thinks fit. (2) Any person who is aggrieved by any decision of the Authority under this section may, within 14 days of receiving the notice mentioned in subsection (1), appeal to the Minister whose decision is final. (3) In this section, “Code of Practice” includes — ( a ) a code of practice issued by the Authority under section 61 of the Info‑communications Media Development Authority Act 2016; and ( b ) a code of practice issued under section 17 of the Media Development Authority of Singapore Act (Cap. 172, 2003 Revised Edition) before the repeal of that Act by the Info‑communications Media Development Authority Act 2016. [22/2016]


document_id: ba-1994
provision_ref: s13
chapter: PART 4 - BROADCASTING SERVICES
section: 13
title: Compliance with Codes of Practice, etc.
content:
13. —(1) Every broadcasting licensee must comply with the Codes of Practice relating to standards of programmes and advertisements and broadcast standards. (2) A broadcasting licensee must not allow to be transmitted a broadcasting service other than in accordance with — ( a ) any broadcast standards specified in any regulations or Code of Practice; or ( b ) any condition which may be incorporated in its broadcasting licence.


document_id: ba-1994
provision_ref: s14
chapter: PART 4 - BROADCASTING SERVICES
section: 14
title: Free-to-air broadcasting services
content:
14. —(1) A free-to-air licensee must provide broadcasting services in such language as may be specified in its licence. (2) Each free-to-air broadcasting service must be broadcast for at least such number of hours during each day as may be specified in the free-to-air licence.


document_id: ba-1994
provision_ref: s15
chapter: PART 4 - BROADCASTING SERVICES
section: 15
title: Submission of broadcasting material to Authority
content:
15. —(1) A broadcasting licensee must supply to the Authority on demand any material, including the script thereof, which is intended for broadcasting. (2) A broadcasting licensee who is required to supply material under subsection (1) must — ( a ) supply the material in such form as the Authority may determine; or ( b ) make available on demand without charge such equipment as the Authority may determine. (3) The Authority may, if it is satisfied that any programme intended to be broadcast by a broadcasting licensee may be against the public interest or order, national harmony or will offend against decency, require the broadcasting licensee to pre-record the programme and submit it to the Authority for approval before it is broadcast.


document_id: ba-1994
provision_ref: s16
chapter: PART 4 - BROADCASTING SERVICES
section: 16
title: Directions of Authority
content:
16. —(1) The Authority may issue directions in writing to a broadcasting licensee requiring the licensee to take any action with regard to the contents of programmes or advertisements or to broadcast standards that the Authority considers necessary in order to comply with the provisions of this Act, any relevant Code of Practice and any condition attached to the broadcasting licence. (2) Directions issued under subsection (1) may include a direction prohibiting a broadcasting licensee from broadcasting the whole or any part of a programme or of any class of material. (3) Any broadcasting licensee and any other person responsible for the broadcasting of any programme prohibited by a direction issued under subsection (1) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ba-1994
provision_ref: s17
chapter: PART 4 - BROADCASTING SERVICES
section: 17
title: Public service broadcasting services
content:
17. A broadcasting licensee must include, within the broadcasting services required to be broadcast by it under its broadcasting licence, any programmes provided by the Authority or the Government through the Authority as may be required by the Authority under the conditions of its licence, including — ( a ) programmes for schools or other educational programmes; ( b ) news and information programmes produced in Singapore or elsewhere; ( c ) arts and cultural programmes; and ( d ) drama and sports programmes produced in Singapore.


document_id: ba-1994
provision_ref: s18
chapter: PART 4 - BROADCASTING SERVICES
section: 18
title: General requirements in respect of public service programmes
content:
18. —(1) Programmes required under section 17 or pursuant to a condition attached to a broadcasting licence to be broadcast by a broadcasting licensee must be broadcast without charge to the Authority or with such subsidy from the Authority as may be provided in that broadcasting licence. (2) A broadcasting licensee must, on the request of the Authority and on receiving reasonable notice, make available to the Authority without charge such part of its broadcasting apparatus as the Authority may specify for the purpose of broadcasting programmes required to be broadcast under section 17 or pursuant to a condition attached to its broadcasting licence.


document_id: ba-1994
provision_ref: s19
chapter: PART 4 - BROADCASTING SERVICES
section: 19
title: “Must carry” provision
content:
19. —(1) Despite anything in this Act but subject to this section, the Authority may, by a direction in writing, require a broadcasting licensee to provide for transmission and reception any broadcasting service which is — ( a ) provided by any other person for such transmission and reception; and ( b ) specified in its licence or is of a description so specified. (2) Where the Authority gives a direction under this section, the broadcasting licensee to whom the direction is given must comply with the requirements of the direction until it is withdrawn. (3) Where it is proposed to give a direction under this section, the Authority must give notice to the broadcasting licensee — ( a ) stating that the Authority proposes to give directions in the manner specified in the notice and the compensation payable (if any) for the damage caused by the direction; and ( b ) specifying the time (being at least 28 days from the date the notice is served on the broadcasting licensee) within which written representations with respect to the proposed directions may be made. (4) Upon receiving any written representation mentioned in subsection (3)( b ), the Authority must consider the representation and may — ( a ) reject the representation; or ( b ) amend the proposed direction or compensation payable in accordance with the representation, or otherwise, and, in either event, must thereupon issue a direction in writing to the broadcasting licensee requiring that effect be given to the proposed direction specified in the notice or to such direction as subsequently amended by the Authority within a reasonable time. (5) Any broadcasting licensee aggrieved by a decision of the Authority under subsection (4) may, within 14 days of receiving the direction, appeal to the Minister whose decision is final. (6) The Authority must not enforce a direction given under subsection (4) — ( a ) during the period mentioned in subsection (5); and ( b ) while the broadcasting licensee’s appeal is under consideration by the Minister. (7) If no written representation is received by the Authority within the time specified in subsection (3) or if any written representation made under that subsection is withdrawn, the Authority may immediately give effect to the requirements of the direction given under this section.


document_id: ba-1994
provision_ref: s20
chapter: PART 5 - BROADCASTING APPARATUS
section: 20
title: Licensing of broadcasting apparatus
content:
20. —(1) Subject to this section, a person must not — ( a ) install any broadcasting apparatus in any place, or on board any ship, aircraft or vehicle registered in Singapore; ( b ) import, offer for sale, sell or have in the person’s possession with a view to sale, any broadcasting apparatus; or ( c ) operate or have on any premises in Singapore owned or occupied by the person broadcasting apparatus on or by which broadcasting services are received, except under and in accordance with a licence granted under this section. (2) Every licence granted under subsection (1) must be in such form and for such period and may contain such terms and conditions as the Authority may determine. (3) Subsection (1) is not to be construed as requiring any person who works a broadcasting apparatus in the course of the person’s duty as a member of the Singapore Armed Forces, the Singapore Police Force, the Vigilante Corps or the Singapore Civil Defence Force to obtain a licence under this Act. (4) The Authority may exempt any person or broadcasting apparatus or class of broadcasting apparatus from subsection (1).


document_id: ba-1994
provision_ref: s21
chapter: PART 5 - BROADCASTING APPARATUS
section: 21
title: Application of certain provisions of Act to broadcasting apparatus licences
content:
21. Sections 10, 12 and 16 apply, with the necessary modifications, to broadcasting apparatus licences and broadcasting apparatus licensees.


document_id: ba-1994
provision_ref: s22
chapter: PART 6 - FREQUENCY PLANNING
section: 22
title: Frequency planning criteria
content:
22. In performing its functions under this Act, the Authority must have regard to — ( a ) the social and economic characteristics within Singapore; ( b ) the number of existing broadcasting services and the demand for new broadcasting services; ( c ) the developments in technology; ( d ) the technical restraints relating to the transmission, delivery or reception of broadcasting services; ( e ) the demand for electromagnetic, and particularly radio frequency, spectrum for services other than broadcasting services; and ( f ) any other matters that the Authority considers appropriate. [22/2016] 23. [ Repealed by Act 22 of 2016 ]


document_id: ba-1994
provision_ref: s24
chapter: PART 6 - FREQUENCY PLANNING
section: 24
title: Separate licence for use of frequency not required
content:
24. Despite anything in the Telecommunications Act 1999, if a licensee is granted a broadcasting licence under this Act and the licence includes the right for the licensee to use any specified frequency in the electromagnetic spectrum or satellite orbits for the broadcast, or the transmission of one or more broadcasting services, then the licensee is not required to obtain any other licence under this Act or the Telecommunications Act 1999 in respect of the use of such frequency or satellite orbits for the period for which that broadcasting licence is in force and for the purposes permitted by that licence.


document_id: ba-1994
provision_ref: s25
chapter: PART 7 - BROADCASTING CONDITIONS
section: 25
title: Transmission area requirements
content:
25. —(1) A broadcasting licensee must, within the time that may be specified in its broadcasting licence, broadcast in a manner that enables its broadcasting services to be received to the satisfaction of the Authority in all parts of Singapore or any parts of Singapore that the Authority may specify. (2) If the Authority so directs, a free-to-air licensee must publish, in the manner that the Authority may require, notice of the commencement dates for broadcasting its broadcasting services and the areas of Singapore within which its broadcasting services may be received satisfactorily.


document_id: ba-1994
provision_ref: s26
chapter: PART 7 - BROADCASTING CONDITIONS
section: 26
title: Sharing of facilities
content:
26. —(1) The Authority may direct any broadcasting licensee or broadcasting apparatus licensee to coordinate and cooperate, in such manner and on such terms as the Authority may specify, with any other licensee or any other person specified by the Authority in the use or sharing of any broadcasting apparatus or related equipment or facility (other than a telecommunication system licensed under section 5 of the Telecommunications Act 1999) owned, operated or used by the broadcasting licensee or broadcasting apparatus licensee for the purpose of broadcasting, whether or not they have been provided, or are intended to be provided, by the licensee or any other licensee or any other person specified by the Authority. (2) The Authority may direct any broadcasting licensee to coordinate and cooperate, in such manner and on such terms as the Authority may specify, with any telecommunication licensee in the use or sharing of any, or part of any, installation, plant or system owned or used by the telecommunication licensee, where the Authority is of the view that such coordination and cooperation is necessary for the provision of any broadcasting service. (3) In this section, “telecommunication licensee” and “telecommunication system” have the meanings given by section 2 of the Telecommunications Act 1999.


document_id: ba-1994
provision_ref: s27
chapter: PART 7 - BROADCASTING CONDITIONS
section: 27
title: Inspection and testing of broadcasting apparatus
content:
27. —(1) The Authority or any person authorised by it in that behalf may, at any reasonable time, inspect and test any broadcasting apparatus used, or intended to be used, by a broadcasting apparatus licensee for the transmission of any broadcasting service for the purpose of ascertaining whether or not the licensee is complying, or will comply, at all times with the broadcast standards prescribed by this Act or the regulations, any Code of Practice and the conditions of its broadcasting apparatus licence in respect of the transmission of broadcasting services. (2) For the purpose of any inspection or test under subsection (1), the directors, principal officers and other employees of a broadcasting apparatus licensee must — ( a ) make available on request to the Authority or any person authorised by the Authority for the purpose of the inspection or test, and permit to be inspected and tested, any part of its broadcasting apparatus used, or intended to be used, for the transmission of any broadcasting service; ( b ) assist the Authority or such authorised person in carrying out the inspection or test in any manner specified by it; and ( c ) answer directly and truthfully any question put to them by the Authority or such authorised person.


document_id: ba-1994
provision_ref: s28
chapter: PART 7 - BROADCASTING CONDITIONS
section: 28
title: Provision of building space, etc., by developer or owner of building or land
content:
28. —(1) Where the Authority — ( a ) considers it necessary that any licensable broadcasting service should be provided to any building; and ( b ) is of the opinion that any broadcasting apparatus or installation or plant to be used in providing the service has to be installed within the building or any land, the Authority may by direction require the developer or owner of the building or land to provide, within the period that may be specified in the direction, such broadcasting apparatus, installation or plant or space, of a standard acceptable to the Authority, within or on the building or land and access thereto as the Authority may require. (2) Where the Authority — ( a ) considers it necessary that the reception of any licensable broadcasting service in any building in any area should be facilitated; and ( b ) is of the opinion that any broadcasting apparatus or installation or plant to be used in facilitating such reception has to be installed within or on any building or land in that area or any other area, the Authority may by direction require the developer or owner of the building or land to provide, within the period that may be specified in the direction, access to the building or land and access to or interconnection with any broadcasting apparatus or installation or plant within or on the building or land. (3) Any direction under subsection (1) or (2) may include — ( a ) a requirement that the developer or owner of the building or land must contribute wholly or partly to such costs and expenses incurred for the provision of any broadcasting apparatus, installation or plant or space under subsection (1) as the Authority may determine; and ( b ) any other requirements that the Authority may specify. (4) Any person who fails to comply with any requirement in a direction under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (5) Nothing in any direction given under subsection (1) is to be construed as granting any exemption from any licensing requirement under this Act or any other written law which the developer or the owner of any building or land may be required to comply with in respect of any broadcasting apparatus or installation or plant. (6) In this section, “installation or plant” includes all buildings, lands, structures, machinery, equipment, cables, poles and lines used or intended for use in connection with broadcasting.


document_id: ba-1994
provision_ref: s29
chapter: PART 8 - FOREIGN BROADCASTING SERVICES
section: 29
title: Orders proscribing unacceptable foreign broadcasting services
content:
29. —(1) Subject to this section, the Minister may make an order proscribing a foreign broadcasting service for the purposes of section 30. (2) If the Authority considers that the quality or content of any foreign broadcasting service which is brought to its attention is unacceptable and that the service should be the subject of an order under this section, the Authority must notify the Minister the details of the service and the reasons why it considers an order under subsection (1) should be made. (3) The Authority must not consider a foreign broadcasting service to be unacceptable for the purposes of subsection (2) unless the Authority is satisfied that the content of that service included any matter which prejudices the public interest or order, national harmony or offends against good taste or decency. (4) In this section and section 30, “foreign broadcasting service” means a broadcasting service which transmits from a place outside Singapore broadcasting services which are capable of being received in Singapore.


document_id: ba-1994
provision_ref: s30
chapter: PART 8 - FOREIGN BROADCASTING SERVICES
section: 30
title: Offence of supporting proscribed foreign broadcasting services
content:
30. —(1) This section applies to any foreign broadcasting service which is proscribed for the purposes of this section by virtue of an order made under section 29, and references in this section to a proscribed service are references to any such service. (2) Any person who in Singapore does any of the following acts shall be guilty of an offence: ( a ) supplying any equipment or other goods for use in connection with the operation of day-to-day running of a proscribed service; ( b ) supplying, or offering to supply, programmes to be included in any broadcasting service transmitted as part of a proscribed service; ( c ) arranging for, or inviting, any other person to supply programmes to be so included; ( d ) advertising, by means of programmes transmitted as part of a proscribed service, goods supplied by the person or services provided by the person; ( e ) publishing the times or other details of any programmes which are to be transmitted as part of a proscribed service or (otherwise than by publishing such details) publishing advertising matter calculated to promote a proscribed service, whether directly or indirectly; ( f ) supplying, or offering to supply, any decoding equipment which is designed or adapted to be used primarily for the purpose of enabling the reception of programmes transmitted as part of a proscribed service; and ( g ) promoting, financially or otherwise, a proscribed service. (3) Any person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both. (4) Any equipment and goods used in the commission of an offence under this section are liable to be forfeited to the Government. (5) For the purposes of this section, a person exposing decoding equipment for supply or having such equipment in the person’s possession for supply is deemed to offer to supply it.


document_id: ba-1994
provision_ref: s31
chapter: PART 9 - DECLARED FOREIGN BROADCASTING SERVICES
section: 31
title: Declared foreign broadcasting services
content:
31. —(1) The Minister may, by order in the Gazette , declare any foreign broadcasting service rebroadcast in Singapore on any relevant licensable broadcasting service to be a foreign broadcasting service engaging in the domestic politics of Singapore. (2) A person must not, without the prior approval of the Minister, include any declared foreign broadcasting service for rebroadcast in Singapore on any relevant licensable broadcasting service. (3) The Minister may — ( a ) grant his or her approval under subsection (2) subject to any conditions that he or she thinks fit; ( b ) refuse to grant his or her approval; or ( c ) revoke his or her approval at any time without giving any reason. (4) Without limiting subsection (3), the Minister may, in imposing conditions under that subsection, specify that — ( a ) the number of persons capable of receiving any declared foreign broadcasting service rebroadcast in Singapore on any relevant licensable broadcasting service must be restricted in any manner that the Minister may direct; and ( b ) the rebroadcast of any declared foreign broadcasting service on any relevant licensable broadcasting service in Singapore must be suspended for any period that the Minister may direct. (5) Any person who contravenes subsection (2) or fails to comply with any condition imposed under subsection (3)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (6) In this section — “foreign broadcasting service” means — ( a ) any broadcasting service transmitting from a place outside Singapore; or ( b ) any broadcasting service transmitting from a place in Singapore but which is owned, controlled or managed by or on behalf of — (i) the government of a country outside Singapore or the agent of that government, whether resident in Singapore or otherwise; (ii) any company, association or society incorporated or constituted under any law in force outside Singapore, whether or not it has a branch office or place of business in Singapore; or (iii) any person who is not a citizen of Singapore, whether or not he or she is resident in Singapore; “relevant licensable broadcasting service” means a licensable broadcasting service specified in the first column of the Third Schedule provided by a person specified in the second column of that Schedule opposite the licensable broadcasting service.


document_id: ba-1994
provision_ref: s32
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 32
title: Application of this Part to broadcasting company
content:
32. —(1) This Part applies to every broadcasting company unless exempted by the Minister under section 60( b ). (2) In this Part — “broadcasting company” means a company incorporated or registered under the Companies Act 1967 which holds a relevant licence, or a broadcasting holding company; “broadcasting holding company” means a holding company of a company incorporated or registered under the Companies Act 1967 which holds a relevant licence; “holding company” has the meaning given by section 5 of the Companies Act 1967; “relevant licence” means — ( a ) any free-to-air licence; or ( b ) any broadcasting licence under which a subscription broadcasting service may be provided, which permits broadcast which is capable of being received in 50,000 dwelling-houses or more, but does not include any class licence; or ( c ) any other broadcasting licence that the Minister may specify in the public interest or in the interests of public security or order, or national defence; [S 26/2022 wef 13/01/2022] “sub-fund”, “umbrella VCC” and “VCC” have the meanings given by section 2(1) of the VCC Act; [S 26/2022 wef 13/01/2022] “VCC Act” means the Variable Capital Companies Act 2018. [S 26/2022 wef 13/01/2022]


document_id: ba-1994
provision_ref: s33
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 33
title: Special features of broadcasting company
content:
33. —(1) A broadcasting company must not, on or after 2 September 2002, appoint a person as its chief executive officer or director, or as the chairperson of its board of directors, unless it has obtained the approval of the Authority. (2) Unless the Authority otherwise approves, the chief executive officer of a broadcasting company and at least one-half of its directors must be citizens of Singapore. (3) No chief executive officer, director, or chairperson of the board of directors, of a broadcasting company who was appointed before 2 September 2002 is to be permitted by the broadcasting company to act as such on or after that date unless — ( a ) his or her appointment as chief executive officer, director, or chairperson of the board of directors, of the broadcasting company was approved by the Authority before 2 September 2002; or ( b ) his or her appointment as chief executive officer, director, or chairperson of the board of directors, of the broadcasting company is approved by the Authority on a written application by the broadcasting company made within 6 months after 2 September 2002 or any longer period that the Authority may allow. (4) Where the Authority does not approve the appointment of a person as chief executive officer, director or chairperson of the board of directors under subsection (3)( b ), the broadcasting company must immediately remove the person from such office. (5) Any broadcasting company which contravenes this section 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 not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (6) This section has effect despite the provisions of any other written law or of the memorandum or articles of association, or other constitution, of a broadcasting company. (7) In this section — “chief executive officer”, in relation to a broadcasting company, means any person, by whatever name described, who is — ( a ) in the direct employment of, or acting for or by arrangement with, the broadcasting company; and ( b ) principally responsible for the management and conduct of any type of business of the broadcasting company in Singapore, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer; “director” has the meaning given by section 4(1) of the Companies Act 1967.


document_id: ba-1994
provision_ref: s34
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 34
title: Application and interpretation of this section and sections 35 to 42
content:
34. —(1) This section and sections 35 to 42 apply to, and in relation to, all individuals whether resident in Singapore or not and whether citizens of Singapore or not, and to all bodies corporate or unincorporate, whether incorporated or carrying on business in Singapore or not. (2) In sections 35 to 42, unless the context otherwise requires — “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “share” includes stock except where a distinction between stock and shares is expressed or implied; “substantial shareholder” has the meaning given by section 81 of the Companies Act 1967, with the reference to a company in the definition replaced with a reference to a VCC where the entity concerned is a VCC; [S 26/2022 wef 13/01/2022] “voting share” has the meaning given by section 4(1) of the Companies Act 1967. (3) In determining whether a person is a substantial shareholder of a VCC that is an umbrella VCC for the purposes of the definition of “substantial shareholder” in subsection (2), a reference in that definition to voting shares in a VCC is to voting shares that are issued in respect of one or more sub-funds of the umbrella VCC. [S 26/2022 wef 13/01/2022]


document_id: ba-1994
provision_ref: s35
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 35
title: Control of substantial shareholdings in broadcasting companies
content:
35. —(1) A person must not, on or after 2 September 2002, become a substantial shareholder of a broadcasting company without first obtaining the approval of the Minister. (2) Subject to section 37(4), a person who, immediately before 2 September 2002, is a substantial shareholder of a broadcasting company must not continue to be a substantial shareholder unless the person has, within 6 months after 2 September 2002 or any longer period that the Minister may allow, applied to the Minister for approval to continue to be a substantial shareholder. (3) A person must not, on or after 2 September 2002, enter into any agreement or arrangement, whether oral or in writing and whether express or implied, to act together with any other person with respect to the acquisition, holding or disposal of, or the exercise of rights in relation to, their interests in voting shares of an aggregate of more than 5% of the total votes attached to all voting shares in a broadcasting company without first obtaining the approval of the Minister. (3A) In subsection (3), where the broadcasting company concerned is a broadcasting holding company that is an umbrella VCC whose shareholding in or control of a company which holds a relevant licence by virtue of which that company is a subsidiary of the umbrella VCC, is attributable to one or more of its sub-funds, the reference to the voting shares in a broadcasting company is to the voting shares in the umbrella VCC that are issued in respect of that sub-fund or those sub-funds. [S 26/2022 wef 13/01/2022] (4) Subject to section 37(4), a person who, at any time before 2 September 2002, has entered into any agreement or arrangement mentioned in subsection (3) must not continue to be a party to the agreement or arrangement unless the person has, within 6 months after 2 September 2002 or any longer period that the Minister may allow, applied to the Minister for approval to continue to be a party to the agreement or arrangement. (5) For the purposes of this section, a person has an interest in any share if — ( a ) the person is deemed to have an interest in that share under section 7 of the Companies Act 1967; or ( b ) the person otherwise has a legal or an equitable interest in that share except for any interest that is to be disregarded under section 7 of the Companies Act 1967. (6) The application of subsection (5) in relation to any share in a VCC is subject to the following modifications: ( a ) subsection (3) of section 7 of the Companies Act 1967 does not apply; ( b ) paragraph ( ca ) of section 7(9) of the Companies Act 1967 does not apply; ( c ) a book-entry security is treated as an interest in a share; ( d ) a person that is a subsidiary of a VCC does not have an interest in the shares of the VCC by reason only that that interest is purchased or otherwise acquired by the subsidiary under section 22(6) or (11) of the VCC Act. [S 26/2022 wef 13/01/2022]


document_id: ba-1994
provision_ref: s36
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 36
title: Control of shareholdings and voting power in broadcasting companies
content:
36. —(1) A person must not, on or after 2 September 2002, become — ( a ) a 12% controller; or ( b ) an indirect controller, of a broadcasting company without first obtaining the approval of the Minister. (2) Subject to section 37(4), a person who, immediately before 2 September 2002, is — ( a ) a 12% controller; or ( b ) an indirect controller, of a broadcasting company must not continue to be such a controller unless the person has, within 6 months after 2 September 2002 or any longer period that the Minister may allow, applied to the Minister for approval to continue to be such a controller. (3) In subsections (1)( a ) and (2)( a ), “12% controller” means a person who alone or together with the person’s associates — ( a ) holds at least 12% of the shares in the broadcasting company; or ( b ) is in a position to control voting power of at least 12% in the broadcasting company. (3A) In subsection (3), where the broadcasting company concerned is a broadcasting holding company that is an umbrella VCC whose holding in or control of a company which holds a relevant licence by virtue of which that company is a subsidiary of the umbrella VCC, is attributable to one or more of its sub-funds — ( a ) the reference to the shares in a broadcasting company is to the shares in the umbrella VCC that are issued in respect of that sub-fund or those sub-funds; and ( b ) the reference to voting power in a broadcasting company is to the voting power in the umbrella VCC that is exercisable in respect of that sub-fund or those sub-funds. [S 26/2022 wef 13/01/2022] (4) For the purposes of subsections (3) and (3A) — ( a ) a person holds a share if — (i) the person is deemed to have an interest in that share under section 7(6) to (10) of the Companies Act 1967; or (ii) the person otherwise has a legal or an equitable interest in that share except for any interest that is to be disregarded under section 7(6) to (10) of the Companies Act 1967; ( b ) a reference to the control of a percentage of the voting power in a broadcasting company is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the broadcasting company; and ( c ) a person ( A ) is an associate of another person ( B ) if — (i) A is the spouse or a parent, step-parent or remoter lineal ancestor, or a son, stepson, daughter, stepdaughter or remoter issue, or a brother or sister, of B ; (ii) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B , or where B is a corporation, of the directors of B ; (iii) B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A , or where A is a corporation, of the directors of A ; (iv) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B ; (v) B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A ; (vi) A is a related corporation of B ; (vii) A is a corporation in which B , alone or together with other associates of B as described in sub‑paragraphs (ii) to (vi), is in a position to control at least 20% of the voting power in A ; (viii) B is a corporation in which A , alone or together with other associates of A as described in sub‑paragraphs (ii) to (vi), is in a position to control at least 20% of the voting power in B ; or (ix) A is a person with whom B has an agreement or arrangement, whether oral or in writing and whether express or implied, to act together with respect to the acquisition, holding or disposal of shares or other interests in, or with respect to the exercise of their voting power in relation to, the broadcasting company. [S 26/2022 wef 13/01/2022] (4A) The application of subsection (4)( a ) in relation to any share in a VCC is subject to the following modifications: ( a ) paragraph ( ca ) of section 7(9) of the Companies Act 1967 does not apply; ( b ) a book-entry security is treated as an interest in a share; ( c ) a person that is a subsidiary of a VCC does not have an interest in the shares of the VCC by reason only that that interest is purchased or otherwise acquired by the subsidiary under section 22(6) or (11) of the VCC Act. [S 26/2022 wef 13/01/2022] (5) In subsections (1)( b ) and (2)( b ), “indirect controller” means any person, whether acting alone or together with any other person and whether with or without holding shares or controlling voting power in a broadcasting company — ( a ) in accordance with whose directions, instructions or wishes the directors of the broadcasting company are accustomed or under an obligation, whether formal or informal, to act; or ( b ) who is in a position to determine the policy of the broadcasting company, but does not include any person — ( c ) who is a director or other officer of the broadcasting company whose appointment has been approved by the Authority; or ( d ) in accordance with whose directions, instructions or wishes the directors of the broadcasting company are accustomed to act by reason only that they act on advice given by the person in the person’s professional capacity.


document_id: ba-1994
provision_ref: s37
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 37
title: Approval of applications
content:
37. —(1) The Minister may approve an application made by any person under section 35 or 36 if the Minister is satisfied that — ( a ) the person is a fit and proper person; ( b ) having regard to the person’s likely influence, the broadcasting company will or will continue to conduct its business prudently and comply with the provisions of this Act; and ( c ) it is in the national interest to do so. (2) Any approval under this section may be granted to any person subject to any conditions that the Minister may determine, including but not limited to any condition — ( a ) restricting the person’s disposal or further acquisition of shares or voting power in the broadcasting company; or ( b ) restricting the person’s exercise of voting power in the broadcasting company. (3) Any condition imposed under subsection (2) has effect despite any of the provisions of the Companies Act 1967 or the VCC Act (whichever is applicable) or anything contained in the memorandum or articles of association, or other constitution, of the broadcasting company. [S 26/2022 wef 13/01/2022] (4) Where the Minister does not approve an application made by any person under section 35(2) or (4) or 36(2), the person must, within the time that the Minister may specify, take such steps as are necessary — ( a ) in the case of section 35(2), to cease to be a substantial shareholder; ( b ) in the case of section 35(4), to cease to be a party to the agreement or arrangement; or ( c ) in the case of section 36(2), to cease to be — (i) a 12% controller; or (ii) an indirect controller, as the case may be. 38. [ Repealed by Act 31 of 2022 wef 01/11/2022 ]


document_id: ba-1994
provision_ref: s39
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 39
title: Objection to existing control of broadcasting company
content:
39. —(1) The Minister may serve a written notice of objection on any person mentioned in section 35 or 36 if the Minister is satisfied that — ( a ) any condition of approval imposed on the person under section 37(2) has not been complied with; ( b ) the person ceases to be a fit and proper person; ( c ) having regard to the person’s likely influence, the broadcasting company is no longer likely to conduct its business prudently or to comply with the provisions of this Act; ( d ) it is no longer in the national interest to allow the person to continue to be a party to the agreement or arrangement described in section 35(3) or (4), or to continue to be a substantial shareholder, a 12% controller or an indirect controller, as the case may be; ( e ) the person has provided false or misleading information or documents in connection with an application under section 35 or 36; or ( f ) the Minister would not have granted his or her approval under section 37 had the Minister been aware, at that time, of the circumstances relevant to the person’s application for the approval. (2) Before serving a written notice of objection, the Minister must, unless he or she decides that it is not practicable or desirable to do so, cause to be given to the person concerned written notice of the Minister’s intention to serve the written notice of objection, specifying a date by which the person may make written representations with regard to the proposed written notice of objection. (3) Upon receiving the written representations of any person mentioned in subsection (2), the Minister must consider the written representations for the purpose of determining whether to issue a written notice of objection. (4) The Minister must, in any written notice of objection, specify a reasonable period within which the person to be served the written notice of objection must — ( a ) take such steps as are necessary to ensure that the person ceases to be a party to the agreement or arrangement described in section 35(3) or (4), or ceases to be a substantial shareholder, a 12% controller or an indirect controller, as the case may be; or ( b ) comply with any direction or restriction that the Minister may make under section 40. (5) Any person served with a written notice of objection under this section must comply with the notice.


document_id: ba-1994
provision_ref: s40
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 40
title: Power to make directions
content:
40. —(1) Without affecting section 41, if the Minister is satisfied that any person has contravened section 35, 36, 37(4) or 39(5) or any condition imposed under section 37(2), or if the Minister has served a written notice of objection under section 39, the Minister may, by written notice — ( a ) direct the transfer or disposal of all or any of the shares in the broadcasting company held by the person or any of the person’s associates (called in this section the specified shares) within such time and subject to such conditions as the Minister considers appropriate; ( b ) restrict the transfer or disposal of the specified shares; or ( c ) make any other direction or restriction that the Minister considers appropriate. (2) Any person to whom a notice is served under subsection (1) must comply with any direction or restriction that may be specified in the notice. (3) In the case of any direction or restriction made under subsection (1)( a ) or ( b ), despite any of the provisions of the Companies Act 1967 or the VCC Act (whichever is applicable) or anything contained in the memorandum or articles of association, or other constitution, of the broadcasting company — ( a ) no voting rights are exercisable in respect of the specified shares unless the Minister expressly permits those rights to be exercised; ( b ) no shares of the broadcasting company are to be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified shares unless the Minister expressly permits such issue or offer; and ( c ) except in a liquidation of the broadcasting company, no payment is to be made by the broadcasting company of any amount (whether by way of dividends or otherwise) in respect of the specified shares unless the Minister expressly authorises such payment, until a transfer or disposal is effected in accordance with the direction or until the restriction on a transfer or disposal is removed, as the case may be. [S 26/2022 wef 13/01/2022] (4) In this section, “associate” has the meaning given by section 36(4)( c ).


document_id: ba-1994
provision_ref: s41
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 41
title: Offences, penalties and defences
content:
41. —(1) Any person who contravenes section 35, 36(1)( a ) or (2)( a ) or 37(4)( a ), ( b ) or ( c )(i) 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 not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (2) Any person who contravenes section 36(1)( b ) or (2)( b ), 37(4)( c )(ii), 39(5) or 40(2) or any condition imposed under section 37(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (3) Where a person is charged with an offence in respect of a contravention of section 35 or 36, it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened section 35 or 36, as the case may be; and ( b ) the person has, within 14 days of becoming aware that the person had contravened section 35 or 36 (as the case may be), notified the Minister of the contravention and, within the time that may be determined by the Minister, taken such actions in relation to the person’s shareholding or control of the voting power in the broadcasting company as the Minister may direct. (4) Where a person is charged with an offence in respect of a contravention of section 36(1), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the shareholding as described in section 36(4)( a ) of, or in the voting power controlled by, any of his associates described in section 36(4)( c )(i); ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of shares or other interests in, or under which they act together in exercising their voting power in relation to, the broadcasting company; and ( c ) the person has, within 14 days of the date of the contravention, notified the Minister of the contravention and, within the time that may be determined by the Minister, taken such action in relation to the person’s shareholding or control of the voting power in the broadcasting company as the Minister may direct. (5) Except as provided in subsections (3) and (4), it is not a defence for a person charged with an offence in respect of a contravention of section 35 or 36 to prove that the person did not intend to or did not knowingly contravene section 35 or 36, as the case may be.


document_id: ba-1994
provision_ref: s42
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 42
title: Power to obtain information
content:
42. —(1) The Authority may, by written notice, direct any broadcasting company to obtain from any of its shareholders and to transmit to the Authority information — ( a ) as to whether that shareholder holds any share in the broadcasting company as beneficial owner or as trustee; and ( b ) if the shareholder holds the share as trustee, to indicate, so far as the shareholder can, the person for whom the shareholder holds the share (either by name or by other particulars sufficient to enable that person to be identified) and the nature of that person’s interest, and the broadcasting company must comply with that direction within the time that may be specified in the notice. (2) The Authority may, by written notice, require any shareholder of a broadcasting company, or any person who appears from the information provided to the Authority under subsection (1) or this subsection to have an interest in any share in a broadcasting company, to inform the Authority — ( a ) whether the person holds that interest as beneficial owner or as trustee, and if the person holds the interest as trustee, to indicate, so far as he or she can, the person for whom he or she holds the interest (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his or her interest; or ( b ) whether any share or any voting right attached to the share is the subject of an agreement or arrangement described in section 35(3) or (4) or 36(4)( c )(ix), and if so, to give particulars of the agreement or arrangement and the parties to it, and the person must comply with the notice within the time that may be specified in the notice. (3) Any person who — ( a ) fails to comply with a notice under this section; or ( b ) in purported compliance of the notice, knowingly or recklessly makes a statement which is false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.


document_id: ba-1994
provision_ref: s43
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 43
title: Funds from foreign source for purposes of certain broadcasting service
content:
43. —(1) Subject to this section, a person must not, without the prior consent of the Authority, receive any fund from any foreign source for the purposes of financing, directly or indirectly, wholly or partly, any broadcasting service owned or operated by any broadcasting company. (2) The Authority may grant its consent under subsection (1) if it is satisfied, on any information that it may require to be provided to it, that the fund from a foreign source is intended for bona fide commercial purposes. (3) Despite subsection (1), where any fund from a foreign source is sent to a person without the person’s prior knowledge, consent or solicitation and the fund is intended for or given by the sender for any purpose mentioned in that subsection, that person must, within 7 days of receiving the fund, report to the Authority the circumstances and particulars of the receipt of the fund and the purpose for which the fund was received. (4) Where any fund from a foreign source has been received by a person for any purpose mentioned in subsection (1) and the Authority refuses to grant consent to retain the fund, the person must, within the time that is specified by the Authority, return the fund to its sender or, if the sender cannot be traced, donate the fund to any charity specified by the Authority. (5) Any employee of a broadcasting company who, having received any fund from a foreign source for the broadcasting of any item or programme or for adopting a particular line or bias in respect of any item or programme, fails to report in writing, within 7 days of receiving the fund, to the company’s chief executive shall be guilty of an offence and shall be liable on conviction to the same penalty prescribed by subsection (8). (6) For the purposes of subsection (5), any fund received from outside Singapore by an employee is presumed to be from a foreign source until the contrary is proved. (7) Nothing in this section applies to any dealing by any person in the shares of a broadcasting company quoted on a stock exchange in Singapore. (8) Any person who contravenes subsection (1), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both, and the court may, in addition to any other penalty that it may impose, order the forfeiture to the Authority of any fund which is the subject of the charge. (9) In this section and section 44 — “foreign source” includes — ( a ) the government of a country outside Singapore or the agent of that government, whether resident in Singapore or otherwise; ( b ) any company, association or society incorporated or constituted under any law in force outside Singapore, whether or not it has a branch office or place of business in Singapore; ( c ) any person who is not a citizen of Singapore, whether or not he or she is resident in Singapore; ( d ) any — (i) body corporate formed or incorporated in Singapore, one or more of whose members or directors are not citizens of Singapore, or in the case of a member being another company, where one or more of the members or directors of that company are not citizens of Singapore; or (ii) unincorporated association or body constituted under any law in force in Singapore, one or more of whose members or directors are not citizens of Singapore, or in the case of a member being another company, where one or more of the members or directors of that company are not citizens of Singapore, as the Minister may, by notification in the Gazette , declare to be a foreign source; or ( e ) any other source outside Singapore that the Minister may, by notification in the Gazette , declare to be a foreign source; “fund” means money, securities, movable or immovable property or other valuable consideration; “fund from a foreign source” includes any fund provided by a foreign source indirectly through any agent of the foreign source.


document_id: ba-1994
provision_ref: s44
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 44
title: Broadcasting company owned by foreign source
content:
44. —(1) A company must not, unless the Minister otherwise approves, be granted or hold a relevant licence if the Minister is satisfied that — ( a ) any foreign source, alone or together with one or more other foreign sources — (i) holds at least 49% of the shares in the company or its holding company; or (ii) is in a position to control voting power of at least 49% in the company or its holding company; or ( b ) all or a majority of the persons having the direction, control or management of the company or its holding company are — (i) appointed by; or (ii) accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of, any foreign source, whether acting alone or together with one or more other foreign sources. (1A) In subsection (1), where the holding company concerned is an umbrella VCC whose holding in or control of the company by virtue of which that company is a subsidiary of the umbrella VCC, is attributable to one or more of its sub-funds — ( a ) the reference to the shares in the holding company is to the shares in the umbrella VCC that are issued in respect of that sub-fund or those sub-funds; and ( b ) the reference to voting power in the holding company is to the voting power in the umbrella VCC that are exercisable in respect of that sub-fund or those sub-funds. [S 26/2022 wef 13/01/2022] (2) Where the Minister does not grant his or her approval under subsection (1) for a company to hold a relevant licence (whether the licence is granted before, on or after 2 September 2002), the Authority must, within such time and in such manner as the Minister may specify, cancel the licence by written notice and without any compensation. (3) For the purposes of this section — ( a ) a person holds a share if — (i) the person is deemed to have an interest in that share under section 7(6) to (10) of the Companies Act 1967; or (ii) the person otherwise has a legal or an equitable interest in that share except for any interest that is to be disregarded under section 7(6) to (10) of the Companies Act 1967; ( b ) a reference to the control of a percentage of the voting power in a broadcasting company is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the broadcasting company. (4) The application of subsection (3)( a ) in relation to any share in a VCC is subject to the following modifications: ( a ) paragraph ( ca ) of section 7(9) of the Companies Act 1967 does not apply; ( b ) a book-entry security is treated as an interest in a share; ( c ) a person that is a subsidiary of a VCC does not have an interest in the shares of the VCC by reason only that that interest is purchased or otherwise acquired by the subsidiary under section 22(6) or (11) of the VCC Act. [S 26/2022 wef 13/01/2022]


document_id: ba-1994
provision_ref: s45
chapter: PART 10 - OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
section: 45
title: Appeal under this Part
content:
45. Any person aggrieved by any refusal of the Authority to grant its approval or consent under any provision of this Part may appeal to the Minister whose decision is final.


document_id: ba-1994
provision_ref: s45A
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45A
title: Purpose
content:
45A. The purpose of this Part is to ensure that providers of online communication services to Singapore end-users — ( a ) provide a safe online environment for Singapore end-users that promotes responsible online behaviour, deters objectionable online activity and prevents access to harmful content; ( b ) place adequate priority on the protection of Singapore end-users who are children of different age groups from exposure to content which may be harmful to them; and ( c ) are regulated in a manner that enables public interest considerations to be addressed. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45B
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45B
title: Application
content:
45B. This Part applies to and in relation to any content that is provided on any online communication service and is accessible by any Singapore end-user except that if the content was published on the Internet before the date of commencement of section 5 of the Online Safety (Miscellaneous Amendments) Act 2022, this Part does not apply to the content on an online communication service unless the content remains accessible to a Singapore end-user of the service on or after that date. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45C
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45C
title: When content is provided or communicated on online communication service
content:
45C. —(1) For the purposes of this Part, content is provided on an online communication service if the content can be accessed by one or more of the end-users using the service. (2) For the purposes of this Part, content is communicated on an online communication service by an end-user if the end-user causes the content to be accessible by one or more other end-users using the service. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45D
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45D
title: Meaning of “egregious content”
content:
45D. —(1) In this Part, “egregious content” means — ( a ) content that advocates or instructs on suicide or self-harm; ( b ) content that advocates or instructs on violence or cruelty to, physical abuse of, or acts of torture or other infliction of serious physical harm on, human beings; ( c ) content that advocates or instructs on sexual violence or coercion in association with sexual conduct, whether or not involving the commission of a heinous sex crime; ( d ) content depicting for a sexual purpose, or that exploits, the nudity of a child or part of a child in a way that reasonable persons would regard as being offensive, whether or not sexual activity is involved; ( e ) content that advocates engaging in conduct in a way that — (i) obstructs or is likely to obstruct any public health measure carried out in Singapore; or (ii) results or is likely to result in a public health risk in Singapore; ( f ) content dealing with matters of race or religion in a way that is likely to cause feelings of enmity, hatred, ill will or hostility against, or contempt for or ridicule of, different racial or religious groups in Singapore; ( g ) content that advocates or instructs on terrorism; or ( h ) any other content that is prescribed by Part 10A regulations as egregious content. (2) It does not matter if the content in subsection (1) relates to conduct engaged in within or outside Singapore. (3) In this section — “heinous sex crime” means — ( a ) an offence under the Penal Code 1871 involving serious sexual assault such as rape or sexual assault by penetration, or sexual communication with or sexual grooming of a child; ( b ) an offence under section 8 of the Children and Young Persons Act 1993; ( c ) an abetment of or a conspiracy to commit an offence specified in paragraph ( a ) or ( b ); ( d ) an attempt to commit an offence specified in paragraph ( a ) or ( b ); or ( e ) conduct outside Singapore which, had it been engaged in within Singapore, would have been an offence specified in paragraph ( a ), ( b ), ( c ) or ( d ) and punishable by a Singapore court; “public health measure” means the organised response by society (including Government) to prevent, mitigate or control a public health risk; “public health risk” means circumstances, a thing or substance that — ( a ) is or is likely to be hazardous to the health of individuals in the context of the wider health of the community; or ( b ) contributes or is likely to contribute to disease or the transmission of an infectious disease to or among human beings; “terrorism” means the engaging in any conduct constituting — ( a ) a terrorist act within the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act 2002 affecting persons or property situated in Singapore; ( b ) a terrorist bombing offence within the meaning given by section 2 of the Terrorism (Suppression of Bombings) Act 2007; ( c ) a nuclear terrorism offence within the meaning given by section 2 of the Terrorism (Suppression of Misuse of Radioactive Material) Act 2017; ( d ) an abetment of or a conspiracy to commit an act or offence specified in paragraph ( a ), ( b ) or ( c ); ( e ) an attempt to commit an act or offence specified in paragraph ( a ), ( b ) or ( c ); or ( f ) an offence specified in paragraph ( a ), ( b ), ( c ), ( d ) or ( e ) and punishable by a Singapore court if the conduct had been engaged in within Singapore. [Act 38 of 2022 wef 01/02/2023] Division 2 &#x2014; Offences involving egregious content


document_id: ba-1994
provision_ref: s45E
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45E
title: Offence of not stopping egregious content on online communication service
content:
45E. —(1) A person commits an offence if — ( a ) the person provides an online communication service with a Singapore end-user link; ( b ) the online communication service provides or can be used to access content on the online communication service; ( c ) the content is egregious content; ( d ) the person knows, or ought reasonably to know that — (i) the online communication service provides or can be used to access that content; and (ii) the content is egregious content; and ( e ) the person fails in the person’s duty under section 45J to comply with a section 45H direction given to the person in relation to that egregious content provided on that online communication service by the person. (2) A person that is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (3) For the purposes of subsection (1), it is immaterial whether the online communication service is provided from outside Singapore or provided in or from Singapore. (4) If — ( a ) a section 45H direction is given in relation to an online communication service provided by a person; and ( b ) in a prosecution of the person for an offence against subsection (1), it is proven that the online communication service provides or can be used to, at the time the direction was given, access the content specified in the direction, then, in that prosecution, it must be presumed until the contrary is proved, that the person knew — ( c ) that the online communication service provides or can be used to access that content at the time the direction was given; and ( d ) that the content is egregious content at the time the direction was given. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45F
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45F
title: Offence of not stopping access to online communication service
content:
45F. —(1) A person commits an offence if — ( a ) the person provides an internet access service with a Singapore end-user link; ( b ) the internet access service can be used by a Singapore end-user of an online communication service to access content provided on the online communication service; ( c ) the content is egregious content; ( d ) the person knows, or ought reasonably to know that — (i) the internet access service can be used by a Singapore end-user of the online communication service to access the content provided on the online communication service; and (ii) the content is egregious content; and ( e ) the person fails in the person’s duty under section 45J to comply with a section 45I blocking direction given to the person in relation to access to the online communication service through its internet access service. (2) A person that is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $20,000 for each day or part of a day the person does not comply with a section 45I blocking direction given to the person but not exceeding a total fine of $500,000. (3) For the purposes of subsection (1), it is immaterial whether the online communication service is provided from outside Singapore or provided in or from Singapore. (4) If — ( a ) a section 45I blocking direction is given in relation to an internet access service provided by a person; and ( b ) in a prosecution of the person for an offence against subsection (1), it is proven that the internet access service can, at the time the direction was given, be used by a Singapore end-user of an online communication service to access content provided on the online communication service using the internet access service specified in the direction, then, in that prosecution, it must be presumed until the contrary is proved that the person knew — ( c ) that the internet access service can, at the time the direction was given, be used by a Singapore end-user of the online communication service to access content provided on that online communication service; and ( d ) that the content is egregious content at the time the direction was given. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45G
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45G
title: Defence
content:
45G. In a prosecution of the person for an offence against section 45E(1) or 45F(1), it is a defence for the person charged to prove, on a balance of probabilities, that — ( a ) it was not reasonably practicable to do more than what was in fact done to satisfy the duty in section 45J; and ( b ) there was no better practicable means than was in fact used to satisfy the duty in section 45J. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45H
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45H
title: Section 45H direction
content:
45H. —(1) If the Authority is satisfied that — ( a ) any egregious content is being provided on an online communication service with a Singapore end-user link; and ( b ) Singapore end-users of the service can access the egregious content, the Authority may give the provider of the online communication service a written direction requiring the provider — ( c ) to do one or more of the following as the Authority considers appropriate: (i) to disable access to the egregious content on its service by Singapore end-users who use or may use the service; (ii) to stop delivery or communication of content to an account or accounts of — (A) all Singapore end-users of the service; or (B) any particular group of end-users comprising one or more Singapore end-users of the service, so as to stop or reduce the communication, provision or access, or further communication, provision or access, by Singapore end-users of egregious content on the online communication service; and ( d ) to do so within the period specified in the written direction, or any extension of that period that the Authority may allow in any particular case. (2) To avoid doubt, a requirement in subsection (1)( c )(ii) — ( a ) may include requiring altering, terminating or suspending any functionality of the service provided to the Singapore end-user concerned; but ( b ) must not require the doing of any thing with respect to the provision of an online communication service to the whole or part of any area in Singapore. (3) In addition, a requirement in subsection (1)( c ) must not relate to any user-generated content that is communication between 2 or more end-users that is of a private or domestic nature. (4) The egregious content must be, so far as is reasonably practicable, identified by the Authority in a section 45H direction in a way that is sufficient to enable the provider concerned to comply with the direction. (5) In this section, “account” includes — ( a ) a free account; ( b ) a prepaid account; and ( c ) anything that may reasonably be regarded as the equivalent of an account. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45I
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45I
title: Section 45I blocking direction
content:
45I. —(1) This section applies to a provider of an internet access service. (2) If the Authority is satisfied that — ( a ) a provider of an online communication service with a Singapore end-user link which is given a section 45H direction fails to comply with the direction; and ( b ) the internet access service has control over access by Singapore end-users of the online communication service to content provided on that online communication service, the Authority may direct the provider of the internet access service to stop access by Singapore end-users to the online communication service. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45J
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45J
title: Duty to comply
content:
45J. —(1) Every provider of an online communication service or an internet access service to whom is given a section 45H direction or section 45I blocking direction, has the duty to take all reasonably practicable steps to comply with the direction given to the provider. (2) No civil or criminal liability is incurred by a provider of an online communication service or an internet access service provider, or an officer, employee or agent of such a provider, for anything done or omitted to be done with reasonable care and in good faith in complying with a section 45H direction or section 45I blocking direction given to the provider. [Act 38 of 2022 wef 01/02/2023] Division 3 &#x2014; Regulated online communication services


document_id: ba-1994
provision_ref: s45K
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45K
title: Regulated online communication service
content:
45K. —(1) The Authority may designate an online communication service with a Singapore end-user link as a regulated online communication service with effect from a date specified in that order if the Authority, after taking into account — ( a ) the range of all online communication services provided to Singapore end-users; and ( b ) the extent and nature of the effect that the different types of online communication services have on the people of Singapore and her different communities, is satisfied that the online communication service should be a regulated online communication service in furtherance of the purposes in section 45A. (2) The Authority must cause notice of every designation under subsection (1) to the public by causing it to be published in any other manner that the Authority considers will secure adequate publicity for the designation. (3) A designation under subsection (1) may be revoked at any time by the Authority by instrument in writing; and the Authority must give notice, or cause the giving of notice, of the revocation in the same manner in which the designation was first given. (4) To avoid doubt, the non-publication of any notice of a designation under subsection (1), or its revocation, in the manner described in subsection (2) does not affect the validity of the designation or revocation, as the case may be. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45L
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45L
title: Online Code of Practice for regulated online communication service
content:
45L. —(1) Without limiting section 6, the Authority may, from time to time and in accordance with rules made under subsection (2) — ( a ) issue one or more online Codes of Practice applicable to providers of any regulated online communication service or specified types of such providers; and ( b ) amend or revoke any online Code of Practice issued under paragraph ( a ), with respect to all or any of the matters in subsection (4) relating to the provision of that regulated online communication service. (2) The Minister may make rules prescribing the manner or form of procedure to be followed in connection with the preparation and issuing of online Codes of Practice applicable to providers of regulated online communication services, and any amendment or revocation of any such Code of Practice, including rules requiring the Authority — ( a ) to give prior notice of any draft online Code of Practice proposed to apply to providers of any regulated online communication service or particular regulated online communication service (including a draft Code of Practice that is to replace an online Code of Practice in force) or any proposal of amendments to or revocation of an online Code of Practice in force; ( b ) to specify the place or places where copies of any draft online Code of Practice or the proposed amendment or revocation may be inspected; ( c ) to invite objections and representations in connection with the draft online Code of Practice or the proposed amendment or revocation; and ( d ) to consider or inquire into all or any of those objections and representations where made in accordance with the rules. (3) If any provision in any online Code of Practice issued or amended under subsection (1) is inconsistent with any provision of this Act or the Part 10A regulations, that provision in that Code — ( a ) is to have effect subject to this Act and the Part 10A regulations; or ( b ) having regard to the provisions of this Act and the Part 10A regulations, does not have effect. (4) An online Code of Practice issued or amended under this section applicable to providers of any regulated online communication service or specified types of such providers may provide for all or any of the following: ( a ) requirements that a provider of the regulated online communication service must, by establishing and applying appropriate systems or processes, provide the service in a way that — (i) prevents Singapore end-users of its service (particularly children of different age groups) from accessing content that presents a material risk of significant harm to them; and (ii) mitigates and manages the risks of danger to Singapore end-users of its service (particularly children of different age groups) from content provided or that may be provided on its service; ( b ) any matter so as to provide practical guidance or certainty in respect of what content does or does not present a material risk of significant harm to Singapore end-users generally or certain types of Singapore end-users of the service; ( c ) the procedures to be followed by a provider of the regulated online communication service so as to satisfy the duty under section 45M to comply with the online Code of Practice applicable to that provider, which may include — (i) undergoing (at its own cost) such audit as the Authority may require to ascertain the provider’s compliance with the provisions of the online Code of Practice applicable to the provider; (ii) reporting to the Authority, periodically or whenever requested by the Authority, information about the measures taken by the provider to ensure that Singapore end-users are able to use the regulated online communication service in a safe manner; or (iii) conducting risk assessments on the systemic risks brought about by or relating to the functioning and use of their services and taking reasonable and effective measures aimed at mitigating those risks; ( d ) a requirement for collaboration or cooperation by the provider of the regulated online communication service with any conduct of research into its regulated online communication service by a suitable expert or experts approved by the Authority, so as to assist in developing the Authority’s understanding of — (i) the nature and level of the systemic risks brought about by or relating to the functioning and use of the regulated online communication service; and (ii) the evolution and severity of such online systemic risks; ( e ) any matter that promotes or furthers any purpose in section 45A. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45M
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45M
title: Duty of regulated online communication service provider
content:
45M. —(1) Every provider of a regulated online communication service has the duty to take all reasonably practicable steps to comply with the online Code of Practice applicable to the provider in the provision of the regulated online communication service. (2) Where it is alleged for the purposes of this Act that any provider of a regulated online communication service failed to comply with the duty under subsection (1), it is for the provider to show that — ( a ) it was not reasonably practicable to do more than what was in fact done to satisfy that duty; and ( b ) there was no better practicable means than was in fact used to satisfy that duty. (3) A requirement of an online Code of Practice applicable to a provider of a regulated online communication service has effect despite — ( a ) any duty of confidentiality or privacy imposed by any rule of law; or ( b ) any duty imposed by any contract or any rule of professional conduct, that prevents the provider from complying with that requirement or restricts the provider in such compliance. (4) No civil or criminal liability is incurred by a provider of a regulated online communication service or an officer, employee or agent of such a provider, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a requirement of the online Code of Practice. (5) An online Code of Practice otherwise does not have legislative effect. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45N
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45N
title: Regulatory action
content:
45N. —(1) Subject to section 45O, if the Authority is satisfied that a provider of a regulated online communication service (called in this section and section 45O the defaulting provider) has failed to satisfy the duty under section 45M(1), the Authority may — ( a ) order the defaulting provider to pay, within a period specified in the order, a financial penalty of any amount that the Authority thinks fit, but not exceeding $1 million; or ( b ) direct the defaulting provider to take any steps, whether in or outside Singapore, and within a specified time, that may be necessary to remedy the failure. (2) A defaulting provider that does not comply with a direction given to the defaulting provider under subsection (1)( b ) 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 not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (3) For the purposes of subsection (2), it is immaterial whether the online communication service concerned is provided from outside Singapore or provided in or from Singapore. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45O
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45O
title: Procedure for regulatory action under section 45N
content:
45O. —(1) Before exercising any powers under section 45N(1) in relation to any defaulting provider of a regulated online communication service, the Authority must give written notice to the defaulting provider — ( a ) stating that the Authority intends to take regulatory action against the defaulting provider; ( b ) specifying the type of action in section 45N(1) the Authority proposes to take, and each instance of non-compliance that is the subject of the action; and ( c ) specifying the time (being at least 14 days from the date of service of notice on the defaulting provider) within which written representations may be made to the Authority with respect to the proposed action. (2) The Authority may, after considering any written representation under subsection (1)( c ), decide to take any regulatory action in section 45N(1) that the Authority considers appropriate. (3) Where the Authority has made any decision under subsection (2) against any defaulting provider, the Authority must serve on the defaulting provider concerned a notice of its decision. (4) Subject to section 59(2), a decision which is specified in the notice given under subsection (3) takes effect from the date on which that notice is given, or on any other date that may be specified in the decision. [Act 38 of 2022 wef 01/02/2023] Division 4 &#x2014; Administrative and general provisions


document_id: ba-1994
provision_ref: s45P
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45P
title: Regulations
content:
45P. —(1) The Authority may, with the approval of the Minister, make regulations which are required or permitted to be prescribed by this Part or are necessary or convenient to be prescribed for carrying out or giving effect to this Part. (2) All subsidiary legislation made under this Part must be presented to Parliament as soon as possible after publication in the Gazette . [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45Q
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45Q
title: Incorporation by reference
content:
45Q. —(1) Any subsidiary legislation made under this Part or any online Code of Practice may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any material contained in any standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the subsidiary legislation or online Code of Practice deals, even if the standard, rule, requirement, specification or other document does not yet exist when the subsidiary legislation or online Code of Practice is made. (2) Any material referred to in subsection (1) may be applied, adopted or incorporated by reference in any subsidiary legislation made under this Part or any online Code of Practice — ( a ) in whole or in part; or ( b ) with modifications, additions, or variations specified in the subsidiary legislation or online Code of Practice, as the case may be. (3) A copy of any material applied, adopted or incorporated by reference in any subsidiary legislation made under this Part or any online Code of Practice, including any amendment to, or replacement of, the material, must be — ( a ) certified as a correct copy of the material by the Minister or the Authority, as the case may be; and ( b ) retained by the Authority. (4) Any material applied, adopted or incorporated in any subsidiary legislation made under this Part or any online Code of Practice by reference under subsection (1) is to be treated for all purposes as forming part of the subsidiary legislation or online Code of Practice; and, unless otherwise provided in the subsidiary legislation or online Code of Practice, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of that subsidiary legislation or online Code of Practice, as the case may be. (5) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any subsidiary legislation made under this Part or any online Code of Practice, the Authority must give notice in the Gazette stating — ( a ) that the material is incorporated in the subsidiary legislation made under this Part or online Code of Practice and the date on which the relevant provision in the subsidiary legislation or online Code of Practice was made; ( b ) that the material is available for inspection during working hours, free of charge; ( c ) the place where the material can be inspected without charge; ( d ) that copies of the material can be purchased; ( e ) the place where copies of the material can be purchased; and ( f ) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. (6) In this section, “modification” includes omissions, additions and substitutions. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45R
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45R
title: Interface with other laws and civil liability
content:
45R. —(1) To avoid doubt, section 26(1) of the Electronic Transactions Act 2010 (which relates to the limitation of liability against network service providers) applies in relation to any liability under this Part other than liability under section 45E, 45F or 45N. (2) Nothing in section 45J or 45M is to be construed — ( a ) as conferring a right of action in any civil proceedings in respect of any contravention of any provision of this Part or an online Code of Practice; or ( b ) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings. (3) For the purposes of sections 45E(1), 45F(1), 45H and 45I, a person is to be disregarded as a Singapore end-user using an online communication service if the person accesses content in any of the following circumstances: ( a ) the accessing of the content is necessary for enforcing this Act or any other written law; ( b ) the accessing of the content is necessary for monitoring compliance with, or investigating a contravention of, this Act or any other written law; ( c ) the accessing of the content is solely for the purposes of proceedings in a Singapore court or tribunal; ( d ) the accessing of the content is both — (i) necessary and solely for, or of assistance in, conducting scientific, medical, academic or historical research; and (ii) reasonable in the circumstances for the purpose of conducting that scientific, medical, academic or historical research. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45S
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45S
title: Modification of section 50
content:
45S. —(1) Where the person that commits an offence under section 50(2) or (3) is a provider of a regulated online communication service and with respect to documents or information relating to that service, that person shall be liable on conviction to a fine not exceeding $1 million despite section 50(4). (2) The power under section 50(1) to require the provision of documents relating to an online communication service includes power to require the production of documents held outside Singapore. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s45T
chapter: PART 10A - ONLINE COMMUNICATION SERVICE REGULATION
section: 45T
title: Interpretation of this Part
content:
45T. —(1) In this Part, unless the context otherwise requires — “advocate”, in relation to any conduct, means counsel, promote, encourage or urge the engaging in that conduct; “child” means an individual who is below 18 years of age; “functionality”, in relation to an online communication service, has the meaning given by section 2A; “harm” includes harm to an individual’s mental health; “section 45H direction” means a direction given under section 45H to a provider of an online communication service, and includes such a direction that is varied under section 59(3) on appeal; “section 45I blocking direction” means a direction given under section 45I to a provider of an internet access service, and includes such a direction varied under section 59(3) on appeal; “social media service” means an electronic service that satisfies all the following characteristics: ( a ) the sole or primary purpose of the service is to enable online interaction or linking between 2 or more end-users (including enabling end-users to share content for social purposes); ( b ) the service allows end-users to communicate content on the service; ( c ) any other characteristics that are prescribed by Part 10A regulations; “system or process” includes — ( a ) a human or an automated system or process; and ( b ) any technology; “user-generated content” has the meaning given by section 2A. (2) To avoid doubt, “content” in this Part includes user-generated content. (3) Where — ( a ) by or under any provision of this Part or any Part 10A regulations or any direction given under this Part, an act or a thing is required or directed to be done within a particular period or before a particular time, or any extended period or time that the Authority may allow; ( 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, even though that period has expired or that time has passed, until that act or thing is done. (4) For the purposes of this Part, an online communication service has a Singapore end-user link if, and only if, all or any of the end-users of that service are Singapore end-users. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s46
chapter: PART 11 - OFFENCES AND PENALTIES
section: 46
title: Offences relating to licensable broadcasting services
content:
46. Any person who contravenes section 8(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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: ba-1994
provision_ref: s47
chapter: PART 11 - OFFENCES AND PENALTIES
section: 47
title: Offences relating to installation, sale, import or possession of broadcasting apparatus
content:
47. Any person who contravenes section 20(1)( a ), ( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both, and any broadcasting apparatus installed or found in the possession of the person so convicted shall be forfeited to the Authority.


document_id: ba-1994
provision_ref: s48
chapter: PART 11 - OFFENCES AND PENALTIES
section: 48
title: Offences relating to unauthorised decoders and unauthorised reception of encrypted programmes
content:
48. —(1) A person must not manufacture, assemble, modify, import, export, sell, offer for sale, let for hire or otherwise distribute any decoder which the person knows is an unauthorised decoder. (2) A person must not wilfully receive or rebroadcast any encrypted programme which has been decoded without the authorisation of the lawful provider of a broadcasting service who had broadcast the programme. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both, and any unauthorised decoder shall be forfeited to the Authority. (4) Where it is proved that a person has manufactured, assembled, modified, imported, exported, sold, offered for sale, let for hire or otherwise distributed any unauthorised decoder, it is presumed, unless there is evidence to the contrary, that the person knew that the decoder was an unauthorised decoder. (5) In this section and section 48A — “decoder” means any apparatus or device (including a computer program) or any component or part thereof which is designed or adapted to enable (whether on its own or with any other apparatus or device) an encrypted programme to be decoded; “lawful provider”, in relation to a broadcasting service, means — ( a ) a person who holds a broadcasting licence; or ( b ) in the case of a broadcasting service transmitted from a place outside Singapore, the person who is authorised to provide the broadcasting service in accordance with the laws of that place; “unauthorised decoder” means a decoder which is designed or adapted to enable an encrypted programme to be viewed in decoded form without the authorisation of the lawful provider of a broadcasting service who had broadcast the programme.


document_id: ba-1994
provision_ref: s48A
chapter: PART 11 - OFFENCES AND PENALTIES
section: 48A
title: Civil action in relation to unauthorised decoders and decoded programmes
content:
48A. —(1) Where — ( a ) a person does an act mentioned in section 48(1) in relation to an unauthorised decoder; ( b ) the unauthorised decoder is used to decode an encrypted programme; and ( c ) the lawful provider of a broadcasting service who had broadcast the encrypted programme or the owner of the copyright in the programme has thereby suffered any loss or damage, the lawful provider of the broadcasting service or the owner of the copyright in the programme (as the case may be) may bring a civil action against the person mentioned in paragraph ( a ). (2) Where — ( a ) a person does an act mentioned in section 48(2) in relation to an encrypted programme that has been decoded without the authorisation of the lawful provider of a broadcasting service who had broadcast the programme; and ( b ) the lawful provider of the broadcasting service or the owner of the copyright in the programme has thereby suffered any loss or damage, the lawful provider of the broadcasting service or the owner of the copyright in the programme (as the case may be) may bring a civil action against the person mentioned in paragraph ( a ). (3) An action must not be brought under subsection (1) or (2) after the expiry of 6 years from the time the relevant act under section 48(1) or (2) (as the case may be) took place.


document_id: ba-1994
provision_ref: s49
chapter: PART 11 - OFFENCES AND PENALTIES
section: 49
title: Offence of hindering employee or agent of Authority
content:
49. Any person who obstructs or hinders any employee or agent of the Authority acting in the discharge of the employee’s or agent’s duty under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: ba-1994
provision_ref: s50
chapter: PART 11 - OFFENCES AND PENALTIES
section: 50
title: Power of Authority to requisition information
content:
50. —(1) The Authority or any person the Authority authorises in that behalf may by notice require any person to provide the Authority or the person so authorised, within the period specified in the notice, with all such documents or information relating to all such matters as the Authority may require for the purposes of this Act and as are within that person’s knowledge or in that person’s custody or under that person’s control. (2) Any person who, on being required by any notice under subsection (1) to provide any document or information, fails to comply with any requirement of the notice shall be guilty of an offence. (3) Any person who — ( a ) intentionally alters, suppresses or destroys any document which the person has been required by any notice under subsection (1) to provide; or ( b ) in providing any estimate, return or other information required of the person under any notice under subsection (1), makes any statement which the person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence. (4) Any person guilty of an offence under subsection (2) or (3) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ba-1994
provision_ref: s51
chapter: PART 11 - OFFENCES AND PENALTIES
section: 51
title:
Power of police officer and other authorised persons against unlicensed broadcasting service or apparatus

content:
51. —(1) Any police officer or any employee authorised by the Authority may, if he or she has reasonable grounds for believing that — ( a ) a broadcasting service has been or is being provided in contravention of this Act; ( b ) a broadcasting service has been or is being provided in breach of any licence; or ( c ) any broadcasting apparatus used is not licensed by the Authority, enter and inspect any premises and seize any broadcasting apparatus found in the premises which appears to be used for or in connection with broadcasting. (2) If there is no prosecution with regard to any broadcasting apparatus seized under this section, such broadcasting apparatus is to be taken and deemed to be forfeited to the Authority unless a claim is made within 2 months from the date of seizure. (3) Any person asserting that the person is the owner of any broadcasting apparatus so seized may personally or by the person’s authorised agent give written notice to the Authority that the person claims the broadcasting apparatus. (4) On receiving the notice, the Authority may direct that the broadcasting apparatus be released or may refer the matter to a District Court or a Magistrate’s Court. (5) The District Court or the Magistrate’s Court may proceed to the examination of the matter and upon examination is to order that the broadcasting apparatus be forfeited or released.


document_id: ba-1994
provision_ref: s52
chapter: PART 11 - OFFENCES AND PENALTIES
section: 52
title: Power of arrest and search
content:
52. —(1) The Chief Executive or any employee of the Authority the Chief Executive authorises to act under this section may arrest without warrant — ( a ) any person found committing or attempting to commit or employing or aiding any person to commit an arrestable offence under this Act; or ( b ) any person against whom a reasonable suspicion exists that the person has been guilty of an arrestable offence under this Act, and may search any person so arrested, except that a female must not be searched except by a female. [22/2016] (2) Every person so arrested must, together with any article as to which an offence may have been committed or attempted to be committed, be taken to a police station. (3) For the purposes of this section, offences punishable under sections 30, 46, 47 and 48 are deemed to be arrestable offences within the meaning of the Criminal Procedure Code 2010.


document_id: ba-1994
provision_ref: s53
chapter: PART 11 - OFFENCES AND PENALTIES
section: 53
title: No entitlement to costs or damages
content:
53. No person is entitled, in any proceedings before any court in respect of any apparatus, equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, to the costs of the proceedings or to any damages or other relief other than an order for the return of the apparatus, equipment, article, book or document or the payment of their value unless the seizure was made without reasonable or probable cause.


document_id: ba-1994
provision_ref: s54
chapter: PART 11 - OFFENCES AND PENALTIES
section: 54
title: Offence against other laws
content:
54. Nothing in this Act prevents any person — ( a ) from being prosecuted under any other written law for any act or omission which constitutes an offence under that law; or ( b ) from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act, but no person is to be punished twice for the same offence.


document_id: ba-1994
provision_ref: s55
chapter: PART 11 - OFFENCES AND PENALTIES
section: 55
title: Conduct of proceedings by officers
content:
55. Proceedings in respect of any offence under this Act may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Authority or an officer of the Government authorised in writing in that behalf by the Chief Executive. [22/2016]


document_id: ba-1994
provision_ref: s56
chapter: PART 11 - OFFENCES AND PENALTIES
section: 56
title: Corporate offenders and unincorporated associations
content:
56. —(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of the body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Proceedings for an offence alleged to have been committed under this Act by an unincorporated association must be brought against the association in its own name (and not in that of any of its members) and, for the purposes of these proceedings, any rules of court relating to service of documents have effect as if the association were a corporation. (4) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, the officer or member as well as the association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (6) Without limiting section 66, the Authority may make regulations to provide for the application of any provision of this section, with such modifications as the Authority considers appropriate, to a body corporate or an unincorporated association formed or recognised under the law of a country or territory outside Singapore. (7) In this section — “officer” — ( a ) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary and members of the committee of the unincorporated association and includes persons holding positions analogous to those of president, secretary or member of such a committee; “partner” includes a person purporting to act as a partner.


document_id: ba-1994
provision_ref: s57
chapter: PART 11 - OFFENCES AND PENALTIES
section: 57
title: Composition of offences
content:
57. —(1) The Authority may compound any offence under this Act which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000. (2) The Authority may, with the approval of the Minister, make regulations prescribing the offences which may be compounded.


document_id: ba-1994
provision_ref: s58
chapter: PART 11 - OFFENCES AND PENALTIES
section: 58
title: Jurisdiction of court
content:
58. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of the offence.


document_id: ba-1994
provision_ref: s59
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 59
title: Appeal to Minister
content:
59. —(1) Any licensee, any provider of an online communication service or any provider of an internet access service (as the case may be) aggrieved by — ( a ) any decision of the Authority in the exercise of any discretion vested in it by or under this Act; or ( b ) anything contained in any Code of Practice or direction issued by the Authority, may appeal to the Minister. [Act 38 of 2022 wef 01/02/2023] (2) Unless otherwise provided, where an appeal is made under this section, the decision, direction or other thing appealed against must be complied with until the appeal is determined. (3) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any Code of Practice. (4) The decision of the Minister in any appeal is final. (5) In relation to the Minister determining an appeal against any online Code of Practice issued or any direction given by, or the exercise of any discretion vested in, the Authority under Part 10A, sections 45H, 45I, 45K, 45L(3) and (4) and 45N(1) apply as if the reference to the Authority in any limit as to any online Code of Practice issued or any direction given by, or the exercise of any discretion under those respective sections, were a reference to the Minister. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s60
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 60
title: Exemption
content:
60. The Minister may, subject to any terms and conditions that the Minister may impose, by order in the Gazette , exempt — ( a ) any class or description of shares or interests in shares from section 35 or 36 or both; and ( b ) any person or class of persons from all or any of the provisions of this Act or any subsidiary legislation made under this Act.


document_id: ba-1994
provision_ref: s61
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 61
title: Equipment of licensee not subject to distress, etc.
content:
61. —(1) No equipment or related facility of a licensee used for providing, transmitting or delivering licensable broadcasting services shall be subject to distress or be liable to be taken under or pursuant to an enforcement order under any process of a court in any bankruptcy or insolvency proceedings by any person without the prior approval of the Minister in writing. [Act 25 of 2021 wef 01/04/2022] (2) This section does not apply to any class licensee.


document_id: ba-1994
provision_ref: s62
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 62
title: International dealings of Authority
content:
62. For the purposes of the conduct of any international broadcast and subject to this Act, the Authority may enter into direct communication, arrangement and agreement with the lawfully constituted broadcasting authority of any country or with any duly authorised international agency or organisation concerned with broadcasting (as the case may be) for — ( a ) the purpose of providing facilities, fixing rates, arranging terms of payment or accounting; ( b ) operational, engineering or administrative purposes; or ( c ) any other purpose necessary to properly fulfil its functions under this Act.


document_id: ba-1994
provision_ref: s63
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 63
title: Government’s right to determine international relations
content:
63. —(1) Nothing in section 62 is deemed to abrogate the right of the Government at any time to determine its relations with any country or with any international agency or organisation. (2) The Authority and each broadcasting licensee must so discharge their responsibilities and conduct their business as to comply with and fulfil all international agreements, conventions or undertakings relating to broadcasting to which Singapore is a party.


document_id: ba-1994
provision_ref: s64
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 64
title: Service of documents
content:
64. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s last email address. (5) In addition, a document permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; ( b ) where by the exercise of reasonable diligence, the name of any individual or a body of persons to whom the document is to be served, or the business address, residential address or last email address of the individual or body, cannot be ascertained — by posting it on a website that is maintained by the Authority and prescribed by the Minister by notification in the Gazette for this purpose; or ( c ) by any other method authorised by the regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way. (6) 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; ( 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); or ( d ) if the document is posted on a website mentioned in subsection (5)( b ) — at the beginning of the day after the date on which subsection (5)( b ) has been complied with. (7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent (express or implied) to service in that way. (8) This section does not apply to documents to be served in proceedings in court. (9) In this section — “Act” includes any subsidiary legislation made under this Act; “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business, or place of employment, 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; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “document” includes a notice permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s64A
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 64A
title: Financial penalties, etc., payable to Consolidated Fund
content:
64A. All fines imposed under section 12(1) and all financial penalties ordered under section 45N(1) — ( a ) may be recovered by the Authority in any court of competent jurisdiction as if they were simple contract debts; and ( b ) must be paid into the Consolidated Fund. [Act 38 of 2022 wef 01/02/2023]


document_id: ba-1994
provision_ref: s65
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 65
title: Amendment of First, Second and Third Schedules
content:
65. —(1) The Minister may, by notification in the Gazette , at any time amend the First, Second or Third Schedule. (2) The Minister may, in any notification made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient.


document_id: ba-1994
provision_ref: s66
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 66
title: Regulations
content:
66. The Authority may, with the approval of the Minister, make regulations — ( a ) required or permitted to be prescribed by this Act; and ( b ) necessary or convenient to be prescribed for carrying out or giving effect to the purposes of this Act. 67. [ Repealed by Act 22 of 2016 ]


document_id: ba-1994
provision_ref: s68
chapter: PART 12 - MISCELLANEOUS PROVISIONS
section: 68
title: Transitional and saving provisions
content:
68. —(1) All acts done by the Singapore Broadcasting Authority before 1 January 2003 continue to remain valid and applicable as though done by the Authority, until the time invalidated, revoked, cancelled or otherwise determined by the Authority. (2) Any decision, document, licence, consent, approval or authorisation prepared, made, issued or granted by the Singapore Broadcasting Authority under the Singapore Broadcasting Authority Act (Cap. 297, 1995 Revised Edition) before 1 January 2003 is, so far as it is not inconsistent with the provisions of this Act, deemed to be a decision, document, licence, consent, approval or authorisation prepared, made, issued or granted by the Authority. (3) Where anything has been commenced by or on behalf of the Singapore Broadcasting Authority before 1 January 2003, the thing may be carried on and completed by or under the authority of the Authority. (4) Despite the repeal of Part XI of the Singapore Broadcasting Authority Act (Cap. 297, 1995 Revised Edition), as from 1 January 2003, sections 49 to 53 of that Act continue in force and to apply to the broadcasting successor companies mentioned in those sections as if that Part has not been repealed. (5) In this section, “broadcasting successor companies” means companies nominated by the Minister for the purposes of the repealed section 49 of the Singapore Broadcasting Authority Act (Cap. 297, 1995 Revised Edition).


document_id: bata-2005
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “approval” means an approval granted by the Director‑General under this Act; [Act 11 of 2023 wef 01/05/2023] “biological agent” means — ( a ) any micro-organism (including any bacterium, virus, fungus, rickettsia and parasite); ( b ) any infectious substance (including any prion); or ( c ) any component of a micro-organism or an infectious substance (but not including any toxin), that is capable of causing death, disease or other biological malfunction in a human; “biological agent waste” means any unwanted, unused or obsolete biological agent or any material or waste contaminated with any biological agent; “biosafety committee” means a biosafety committee appointed under section 39; “certification”, in relation to a facility, means a certification under section 51, and includes a re‑certification of the facility; “certified facility” means a facility certified under section 51; “diagnosis” means any activity undertaken solely with the intention of analysing any specimen from a person or an animal in which a biological agent is or is suspected of being present for the purpose of — ( a ) determining the cause of any disease suffered by any person or animal; ( b ) assessing the clinical progress of any person or animal; ( c ) carrying out the clinical management of any person or animal; or ( d ) determining the cause of death of any person or animal in an autopsy; [ Deleted by Act 11 of 2023 wef 01/05/2023 ] “Director‑General” means the Director‑General of Health; [Act 11 of 2023 wef 01/05/2023] “enforcement officer” means any person appointed by the Director‑General to be an enforcement officer under section 3(2); [Act 11 of 2023 wef 01/05/2023] “excluded purpose” means any purpose specified in section 4(1); “facility” means any premises or conveyance that is being used for — ( a ) the storage of any biological agent or toxin; or ( b ) the carrying out of any activity involving any biological agent or toxin; “Fifth Schedule toxin” means any toxin specified in the Fifth Schedule; “First Schedule (Part 1) biological agent” means any biological agent specified in Part 1 of the First Schedule; “First Schedule (Part 2) biological agent” means any biological agent specified in Part 2 of the First Schedule; “First Schedule biological agent” means any biological agent specified in the First Schedule; “Fourth Schedule biological agent” means any biological agent specified in the Fourth Schedule; “goods in transit” means goods that are brought into Singapore solely for the purpose of taking them out of Singapore, whether on the same conveyance on which they were brought into Singapore or on another conveyance, without the goods being landed and kept at any place in Singapore pending their being taken out of Singapore; “import” means to bring into Singapore any goods other than goods in transit or goods which are to be transhipped; “inactivated”, in relation to a biological agent, means that the biological agent has been rendered non-infectious and unable to replicate itself under any condition; “large-scale production”, in relation to a biological agent, means the production by any person of the biological agent using equipment at a facility capable of producing in aggregate 10 or more litres of culture of the biological agent at any one time; “non-peaceful purpose” means any purpose that is calculated to — ( a ) cause death to any person or endanger any person’s life; ( b ) create a serious risk to the health or the safety of the public or a section of the public; ( c ) release into the environment, distribute, or expose the public or a section of the public to, any biological agent or toxin, in order to cause damage or harm to the environment or the public or a section thereof; ( d ) disrupt or seriously interfere with the provision of essential emergency services such as the police, civil defence and medical services; ( e ) cause prejudice to public security or national defence; ( f ) influence or compel the Government, any other government, or any international organisation to do or refrain from doing any act; or ( g ) intimidate the public or a section of the public; “operator”, in relation to a facility, means the person who operates the facility or who has the management or control of the facility; “permit” means a permit granted by the Director‑General under this Act; [Act 11 of 2023 wef 01/05/2023] “protected place” means any premises declared to be a protected place under the Infrastructure Protection Act 2017; “public transportation” means transportation by bus, taxi, rail or any other conveyance, whether publicly or privately operated, which provides general or special service to the general public on a regular and continuing basis, and includes such other means of transportation as may be prescribed as a type of public transportation for the purposes of this Act; “registered medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997, and includes a dentist registered under the Dental Registration Act 1999; “Second Schedule biological agent” means any biological agent specified in the Second Schedule; “Singapore Civil Defence Force” means the Singapore Civil Defence Force raised and maintained under the Civil Defence Act 1986; “staff”, in relation to any facility, means — ( a ) any person employed at the facility to do any work under a contract of service; ( b ) any consultant assisting the operator of the facility in the carrying out of any activity involving any biological agent or toxin at the facility; and ( c ) any other person (including any student or intern) authorised by the operator of the facility to carry out any activity involving any biological agent or toxin at the facility; “Third Schedule biological agent” means any biological agent specified in the Third Schedule; “toxin” means any poisonous substance that is produced and extracted from any micro‑organism; “transferee”, in relation to any biological agent or toxin, means the person to whom the biological agent or toxin is provided; “transferor”, in relation to any biological agent or toxin, means the person who provides the biological agent or toxin to another person; “tranship” means to bring any goods into Singapore solely for the purpose of taking them out of Singapore, whether on the same conveyance on which they were brought into Singapore or on another conveyance, where the goods are landed and kept at any place in Singapore pending their being taken out of Singapore; “uncertified facility” means a facility that is not certified under section 51. [22/2007; 41/2017]


document_id: bata-2005
provision_ref: s3
chapter: PART 2 - ADMINISTRATION AND APPLICATION
section: 3
title: Administration of Act
content:
3. —(1) The Director‑General is, subject to any general or special directions of the Minister, responsible for the administration of this Act. [Act 11 of 2023 wef 01/05/2023] (2) The Director‑General may in writing appoint any public officer, officer of any statutory authority or any other person to be an enforcement officer for the purposes of this Act. [Act 11 of 2023 wef 01/05/2023] (3) Every enforcement officer, when exercising his or her powers and carrying out his or her duties under this Act, must comply with such general or special directions as may, from time to time, be given to the enforcement officer by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (4) The Director‑General may delegate all or any of the powers conferred on him or her by this Act to any enforcement officer, subject to such conditions or limitations as the Director‑General may specify, except the power of delegation conferred by this subsection. [Act 11 of 2023 wef 01/05/2023] (5) The Director‑General may establish one or more advisory committees consisting of such persons as the Director‑General may appoint for the purpose of advising the Director‑General on any matter arising out of the administration and enforcement of this Act. [Act 11 of 2023 wef 01/05/2023]


document_id: bata-2005
provision_ref: s4
chapter: PART 2 - ADMINISTRATION AND APPLICATION
section: 4
title: Act not to apply in relation to use of biological agents or toxins for certain purposes
content:
4. —(1) Subject to subsections (2) and (3), Parts 3 to 6, with the exception of section 41( e ), do not apply in relation to — ( a ) the disposal of any biological agent or toxin by a hazardous waste contractor; ( b ) the handling of any biological agent or toxin in the course of carrying out a diagnosis or an autopsy; ( c ) the collection of food samples or samples from the environment for the purpose of carrying out any laboratory analysis to determine or identify, for public health purposes, the nature of any biological agent or toxin that is present in such samples or in the environment from which such samples have been taken; or ( d ) the use or possession by any of the following persons of any finished cosmetic or medicinal product consisting of any toxin: (i) any person lawfully manufacturing, supplying, selling or dispensing the finished cosmetic or medicinal product; (ii) any registered medical practitioner using the finished cosmetic or medicinal product in the course of treating another person; (iii) any person using the finished cosmetic or medicinal product for the cosmetic or medical purposes for which it is intended. (2) Despite subsection (1), where any biological agent or toxin is provided to any person for any excluded purpose and the person uses the biological agent or toxin for any purpose other than an excluded purpose, this Act applies in relation to the possession and use of the biological agent or toxin by that person. (3) Despite subsection (1), where any biological agent or toxin is provided to any person for any excluded purpose and the person transfers the biological agent or toxin to any other person for any purpose other than an excluded purpose, this Act applies in relation to the transfer and transportation of the biological agent or toxin to, and the possession and use of the biological agent or toxin by, that other person.


document_id: bata-2005
provision_ref: s5
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 5
title: Prohibition against use of biological agents for non-peaceful purpose, etc.
content:
5. —(1) A person must not — ( a ) use; ( b ) develop or produce; ( c ) acquire, stockpile, retain or possess; or ( d ) transfer to another person, whether directly or indirectly, any biological agent for any non-peaceful purpose. (2) Any person who contravenes subsection (1) — ( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million or to imprisonment for a term which may extend to life imprisonment or to both; and ( b ) may be arrested without warrant by a police officer or an enforcement officer. Division 2 &#x2014; First Schedule biological agents Subdivision (1) &#x2014; Possession and use


document_id: bata-2005
provision_ref: s6
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 6
title: Prohibition against possession of First Schedule biological agents without approval
content:
6. —(1) A person must not possess any First Schedule biological agent unless the person’s possession of the First Schedule biological agent is authorised by and is in accordance with the conditions of an approval granted by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (2) Subject to subsection (3), for the purpose of subsection (1), no approval to possess a First Schedule biological agent may be granted to any person unless — ( a ) the person is the operator of a certified facility; and ( b ) where the biological agent is a First Schedule (Part 2) biological agent, the facility is a protected place. (3) Despite subsection (2)( a ), the Director‑General may grant an approval to possess a First Schedule biological agent to the operator of an uncertified facility if the Director‑General is satisfied that any activity involving the use of the First Schedule biological agent will be carried out at such facility in a safe and proper manner. [Act 11 of 2023 wef 01/05/2023] (4) A person who has been granted an approval to possess a First Schedule biological agent must keep or use the First Schedule biological agent only at the following places: ( a ) where the person is the operator of a certified facility, at the certified facility specified in the approval to possess; and ( b ) where the person is the operator of an uncertified facility, at such facility as may be specified in the approval to possess. (5) Any person who — ( a ) possesses any First Schedule biological agent in contravention of subsection (1); or ( b ) keeps or uses such biological agent at any facility in contravention of subsection (4), shall be guilty of an offence and shall be liable on conviction to be punished as follows: ( c ) in the case of a First Schedule (Part 1) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and ( d ) in the case of a First Schedule (Part 2) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both. (6) Where any person possesses any First Schedule biological agent in contravention of subsection (1) or keeps or uses such biological agent at any facility in contravention of subsection (4), the Director‑General may order any one or more of the following: ( a ) the immediate cessation of any activity involving the First Schedule biological agent carried out by the person at the facility; ( b ) the destruction of the First Schedule biological agent at the facility; ( c ) the decontamination of the facility; ( d ) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; ( e ) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to the First Schedule biological agent at the facility should — (i) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (ii) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (7) Any person who contravenes any order made by the Director‑General under subsection (6) shall be guilty of an offence and shall be liable on conviction to be punished as follows: ( a ) where the order has been made in relation to or in connection with a First Schedule (Part 1) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and ( b ) where the order has been made in relation to or in connection with a First Schedule (Part 2) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both. [Act 11 of 2023 wef 01/05/2023] (8) This section does not apply to — ( a ) any person who has been engaged to transport any First Schedule biological agent within Singapore and whose possession of the First Schedule biological agent is merely incidental to the person’s transporting it in accordance with such engagement; or ( b ) any person who has been engaged to store any First Schedule biological agent within Singapore pending — (i) the delivery of the First Schedule biological agent to the person who has procured its import into Singapore; or (ii) the export of the First Schedule biological agent from Singapore in the course of transhipment, and whose possession of the First Schedule biological agent is merely incidental to the person’s storing it in accordance with such engagement.


document_id: bata-2005
provision_ref: s7
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 7
title: Prohibition against large-scale production of First Schedule biological agents without approval
content:
7. —(1) A person must not carry out or procure any large-scale production of any First Schedule biological agent unless the large‑scale production of the First Schedule biological agent — ( a ) is authorised by an approval granted by the Director‑General; and [Act 11 of 2023 wef 01/05/2023] ( b ) is carried out — (i) at the facility specified in the approval; and (ii) in accordance with the conditions of the approval. (2) For the purposes of subsection (1), an approval to produce a First Schedule biological agent must not be granted to any person unless the person has already been granted an approval to possess the First Schedule biological agent as referred to in section 6. (3) Where any person produces any First Schedule biological agent at any facility in contravention of subsection (1) — ( a ) 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 10 years or to both; and ( b ) the Director‑General may order any one or more of the following: (i) the immediate cessation of any activity involving the First Schedule biological agent carried out by the person at the facility; (ii) the destruction of the First Schedule biological agent at the facility; (iii) the decontamination of the facility; (iv) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; (v) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to the First Schedule biological agent at the facility should — (A) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (B) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (4) Any person who contravenes any order made by the Director‑General under subsection (3)( b ) 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 10 years or to both. [Act 11 of 2023 wef 01/05/2023] Subdivision (2) &#x2014; Import and transhipment


document_id: bata-2005
provision_ref: s8
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 8
title: Prohibition against import or transhipment of First Schedule biological agents without permit
content:
8. —(1) A person must not import or procure the import of any First Schedule biological agent unless the import of the First Schedule biological agent is authorised by and is carried out in accordance with the conditions of a permit granted by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (2) A person must not tranship any First Schedule biological agent unless the transhipment of the First Schedule biological agent is authorised by and is carried out in accordance with the conditions of a permit granted by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (3) For the purposes of subsection (1), a permit to import a First Schedule biological agent must not be granted to any person unless the person has already been granted an approval to possess the First Schedule biological agent as referred to in section 6. (4) Every permit to import or tranship a First Schedule biological agent is valid only in respect of one consignment of the First Schedule biological agent for which an application for the permit has been made. (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to be punished as follows: ( a ) in the case of a First Schedule (Part 1) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and ( b ) in the case of a First Schedule (Part 2) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both.


document_id: bata-2005
provision_ref: s9
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 9
title: Notification of failure of receipt of import
content:
9. —(1) Every holder of a permit to import any First Schedule (Part 2) biological agent must immediately notify the Director‑General, in such form and manner as the Director‑General may require, in the event the holder of the permit fails to receive the consignment of the First Schedule (Part 2) biological agent to which the permit to import relates. [Act 11 of 2023 wef 01/05/2023] (2) For the purposes of subsection (1), the holder of the permit to import is deemed to have failed to receive the consignment of the First Schedule (Part 2) biological agent to which the permit to import relates if the holder of the permit does not receive the consignment within 24 hours of such time as may be reasonably estimated by the holder of the permit for the receipt. (3) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: bata-2005
provision_ref: s10
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 10
title: Storage of First Schedule biological agents upon import or pending transhipment
content:
10. —(1) Where any First Schedule biological agent that has been imported into Singapore is required to be stored temporarily at any place before it is delivered to the facility for which it is destined, the person to whom the permit to import the First Schedule biological agent has been granted must ensure that the First Schedule biological agent is stored at a place which is safe and secure, and that the storage at such place is carried out in accordance with such requirements as may be prescribed. (2) Where any First Schedule biological agent that is being transhipped through Singapore is required to be landed and stored temporarily at any place before it is delivered to the conveyance on which it will be taken out of Singapore, the person to whom the permit to tranship the First Schedule biological agent has been granted must ensure that the First Schedule biological agent is stored at a place which is safe and secure, and that the storage at such place is carried out in accordance with such requirements as may be prescribed. (3) Where a holder of a permit to import or tranship any First Schedule biological agent stores the biological agent in contravention of subsection (1) or (2), as the case may be — ( a ) the holder of the permit shall be guilty of an offence and shall be liable on conviction to be punished as follows: (i) in the case of a First Schedule (Part 1) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and (ii) in the case of a First Schedule (Part 2) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both; and ( b ) the Director‑General may order the holder of the permit, at the expense of the holder of the permit, to do any one or more of the following: (i) take such measures as the Director‑General may specify to ensure that the First Schedule biological agent is properly stored; (ii) destroy the First Schedule biological agent; (iii) decontaminate the place at which the First Schedule biological agent was stored in contravention of subsection (1) or (2). [Act 11 of 2023 wef 01/05/2023] (4) Any holder of a permit to import any First Schedule biological agent and any holder of a permit to tranship any First Schedule biological agent who contravenes any order made by the Director‑General under subsection (3)( b ) shall be guilty of an offence and shall be liable on conviction to be punished as follows: ( a ) where the order has been made in relation to or in connection with a First Schedule (Part 1) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and ( b ) where the order has been made in relation to or in connection with a First Schedule (Part 2) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both. [Act 11 of 2023 wef 01/05/2023] Subdivision (3) &#x2014; Transfer


document_id: bata-2005
provision_ref: s11
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 11
title: Prohibition against transfers of First Schedule biological agents except by certain persons
content:
11. —(1) Subject to subsection (2), a person must not transfer any First Schedule biological agent unless — ( a ) the person has an approval to possess the First Schedule biological agent as referred to in section 6; and ( b ) the transferee — (i) has also been granted an approval to possess the First Schedule biological agent as referred to in section 6; or (ii) is outside Singapore. (2) A person to whom any First Schedule biological agent has been provided for any excluded purpose must not transfer the First Schedule biological agent to any other person for any purpose other than an excluded purpose unless the transferee — ( a ) has been granted an approval to possess the First Schedule biological agent as referred to in section 6; or ( b ) is outside Singapore. (3) Any transferor who transfers any First Schedule biological agent to any transferee in Singapore, knowing or having reason to believe that such transferee does not have an approval to possess the First Schedule biological agent as referred to in section 6, shall be guilty of an offence and shall be liable on conviction to be punished as follows: ( a ) where the biological agent is a First Schedule (Part 1) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and ( b ) where the biological agent is a First Schedule (Part 2) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both.


document_id: bata-2005
provision_ref: s12
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 12
title: Notifications relating to transfers of First Schedule biological agents
content:
12. —(1) Any transferor who wishes to transfer any First Schedule (Part 2) biological agent to a transferee must notify — ( a ) the Director‑General of the proposed transfer within such time and in such form and manner as the Director‑General may require; [Act 11 of 2023 wef 01/05/2023] ( b ) the transferee of an estimated time of receipt by the transferee of the biological agent being transferred; and ( c ) the carrier of the biological agent (where the carrier is not the transferor or transferee) prior to the despatch of the biological agent of a 24‑hour emergency number that is monitored at all times by a person who — (i) has knowledge of the hazards and characteristics of the biological agent being transported; or (ii) has immediate access to a person who possesses such knowledge and information. (2) Where a transferee fails to receive any First Schedule (Part 2) biological agent which is being transferred to the transferee, the transferee must immediately notify the Director‑General, in such form and manner as the Director‑General may require, of the failure of receipt. [Act 11 of 2023 wef 01/05/2023] (3) For the purposes of subsection (2), a transferee is deemed to have failed to receive the First Schedule (Part 2) biological agent which is being transferred to the transferee if the transferee does not receive the biological agent within 24 hours of the estimated time of receipt of the biological agent provided by the transferor. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. Subdivision (4) &#x2014; Transportation


document_id: bata-2005
provision_ref: s13
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 13
title: Prohibition against transportation by certain means
content:
13. —(1) A person must not transport or procure the transportation of any First Schedule biological agent within Singapore by mail or public transportation. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to be punished as follows: ( a ) where the biological agent is a First Schedule (Part 1) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and ( b ) where the biological agent is a First Schedule (Part 2) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both. Division 3 &#x2014; Second Schedule biological agents Subdivision (1) &#x2014; Possession and use


document_id: bata-2005
provision_ref: s14
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 14
title: Prohibition against use of Second Schedule biological agents without special approval
content:
14. —(1) A person must not use any Second Schedule biological agent for any purpose unless the use of the Second Schedule biological agent is authorised by and is carried out in accordance with the conditions of a special approval to handle the Second Schedule biological agent granted by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (2) A special approval to handle any Second Schedule biological agent must not be granted to any person unless the Director‑General is satisfied that — ( a ) the use for which the person requires the Second Schedule biological agent is necessary in the public interest; and ( b ) the person who requires the Second Schedule biological agent has put in place adequate measures to contain the risks to public health and security posed by the Second Schedule biological agent. [Act 11 of 2023 wef 01/05/2023] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both. (4) This section does not apply to — ( a ) any person who has been engaged to transport any Second Schedule biological agent within Singapore and whose possession of the Second Schedule biological agent is merely incidental to the person’s transporting it in accordance with such engagement; or ( b ) any person who has been engaged to store any Second Schedule biological agent within Singapore pending — (i) the delivery of the Second Schedule biological agent to the person who has procured its import into Singapore; or (ii) the export of the Second Schedule biological agent from Singapore in the course of transhipment, and whose possession of the Second Schedule biological agent is merely incidental to the person’s storing it in accordance with such engagement.


document_id: bata-2005
provision_ref: s15
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 15
title: Prohibition against possession of Second Schedule biological agents without approval
content:
15. —(1) A person must not possess any Second Schedule biological agent unless the person’s possession of the Second Schedule biological agent is authorised by and is in accordance with the conditions of an approval granted by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (2) For the purposes of subsection (1), an approval to possess a Second Schedule biological agent must not be granted to any person unless the person — ( a ) is the operator of a certified facility which is a protected place; and ( b ) has been granted a special approval to handle the Second Schedule biological agent as referred to in section 14. (3) A person who has been granted an approval to possess a Second Schedule biological agent must keep or use the Second Schedule biological agent only at the certified facility specified in the approval to possess. (4) Any person who — ( a ) possesses any Second Schedule biological agent in contravention of subsection (1); or ( b ) keeps or uses such biological agent at any facility in contravention of subsection (3), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both. (5) Where any person possesses any Second Schedule biological agent in contravention of subsection (1) or keeps or uses such biological agent at any facility in contravention of subsection (3), the Director‑General may order any one or more of the following: ( a ) the immediate cessation of any activity involving the Second Schedule biological agent carried out by the person at the facility; ( b ) the destruction of the Second Schedule biological agent at the facility; ( c ) the decontamination of the facility; ( d ) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; ( e ) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to the Second Schedule biological agent at the facility should — (i) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (ii) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (6) Any person who contravenes any order made by the Director‑General under subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 11 of 2023 wef 01/05/2023] (7) This section does not apply to — ( a ) any person who has been engaged to transport any Second Schedule biological agent within Singapore and whose possession of the Second Schedule biological agent is merely incidental to the person’s transporting it in accordance with such engagement; or ( b ) any person who has been engaged to store any Second Schedule biological agent within Singapore pending — (i) the delivery of the Second Schedule biological agent to the person who has procured its import into Singapore; or (ii) the export of the Second Schedule biological agent from Singapore in the course of transhipment, and whose possession of the Second Schedule biological agent is merely incidental to the person’s storing it in accordance with such engagement.


document_id: bata-2005
provision_ref: s16
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 16
title: Prohibition against large-scale production of Second Schedule biological agents
content:
16. —(1) A person must not carry out or procure any large‑scale production of any Second Schedule biological agent. (2) Where any person produces any Second Schedule biological agent at any facility in contravention of subsection (1) — ( a ) 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 10 years or to both; and ( b ) the Director‑General may order any one or more of the following: (i) the immediate cessation of any activity involving the Second Schedule biological agent carried out by the person at the facility; (ii) the destruction of the Second Schedule biological agent at the facility; (iii) the decontamination of the facility; (iv) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; (v) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to the Second Schedule biological agent at the facility should — (A) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (B) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (3) Any person who contravenes any order made by the Director‑General under subsection (2)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million or to imprisonment for a term which may extend to life imprisonment or to both. [Act 11 of 2023 wef 01/05/2023] Subdivision (2) &#x2014; Import and transhipment


document_id: bata-2005
provision_ref: s17
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 17
title: Prohibition against import or transhipment of Second Schedule biological agents without permit
content:
17. —(1) A person must not import or procure the import of any Second Schedule biological agent unless the import of the Second Schedule biological agent is authorised by and is carried out in accordance with the conditions of a permit granted by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (2) A person must not tranship any Second Schedule biological agent unless the transhipment of the Second Schedule biological agent is authorised by and is carried out in accordance with the conditions of a permit granted by the Director-General. [Act 11 of 2023 wef 01/05/2023] (3) For the purposes of subsection (1), a permit to import a Second Schedule biological agent must not be granted to any person unless the person has already been granted an approval to possess the Second Schedule biological agent as referred to in section 15. (4) Every permit to import or tranship a Second Schedule biological agent is valid only in respect of one consignment of the Second Schedule biological agent for which an application for the permit has been made. (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.


document_id: bata-2005
provision_ref: s18
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 18
title: Notification of failure of receipt of import
content:
18. —(1) Every holder of a permit to import any Second Schedule biological agent must immediately notify the Director‑General, in such form and manner as the Director‑General may require, in the event the holder of the permit fails to receive the consignment of the Second Schedule biological agent to which the permit to import relates. [Act 11 of 2023 wef 01/05/2023] (2) For the purposes of subsection (1), the holder of the permit to import is deemed to have failed to receive the consignment of the Second Schedule biological agent to which the permit to import relates if the holder of the permit does not receive the consignment within 24 hours of such time as may be reasonably estimated by the holder of the permit for the receipt. (3) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: bata-2005
provision_ref: s19
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 19
title: Storage of Second Schedule biological agents upon import or pending transhipment
content:
19. —(1) Where any Second Schedule biological agent that has been imported into Singapore is required to be stored temporarily at any place before it is delivered to the facility for which it is destined, the person to whom the permit to import the Second Schedule biological agent has been granted must ensure that the Second Schedule biological agent is stored at a place which is safe and secure, and that the storage at such place is carried out in accordance with such requirements as may be prescribed. (2) Where any Second Schedule biological agent that is being transhipped through Singapore is required to be landed and stored temporarily at any place before it is delivered to the conveyance on which it will be taken out of Singapore, the person to whom the permit to tranship the Second Schedule biological agent has been granted must ensure that the Second Schedule biological agent is stored at a place which is safe and secure, and that the storage at such place is carried out in accordance with such requirements as may be prescribed. (3) Where a holder of a permit to import or tranship any Second Schedule biological agent stores the biological agent in contravention of subsection (1) or (2), as the case may be — ( a ) the holder of the permit 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 10 years or to both; and ( b ) the Director‑General may order the holder of the permit, at the expense of the holder of the permit, to do any one or more of the following: (i) take such measures as the Director‑General may specify to ensure that the Second Schedule biological agent is properly stored; (ii) destroy the Second Schedule biological agent; (iii) decontaminate the place at which the Second Schedule biological agent was stored in contravention of subsection (1) or (2). [Act 11 of 2023 wef 01/05/2023] (4) Any holder of a permit to import any Second Schedule biological agent and any holder of a permit to tranship any Second Schedule biological agent who contravenes any order made by the Director‑General under subsection (3)( b ) 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 10 years or to both. [Act 11 of 2023 wef 01/05/2023] Subdivision (3) &#x2014; Transfer


document_id: bata-2005
provision_ref: s20
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 20
title: Prohibition against transfers of Second Schedule biological agents except by certain persons
content:
20. —(1) Subject to subsection (2), a person must not transfer any Second Schedule biological agent unless — ( a ) the person has an approval to possess the Second Schedule biological agent as referred to in section 15; and ( b ) the transferee — (i) has also been granted an approval to possess the Second Schedule biological agent as referred to in section 15; or (ii) is outside Singapore. (2) A person to whom any Second Schedule biological agent has been provided for any excluded purpose must not transfer the Second Schedule biological agent to any other person for any purpose unless the transferee — ( a ) has been granted an approval to possess the Second Schedule biological agent as referred to in section 15; or ( b ) is outside Singapore. (3) Any transferor who transfers any Second Schedule biological agent to any transferee in Singapore, knowing or having reason to believe that such transferee does not have an approval to possess the Second Schedule biological agent as referred to in section 15, 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 10 years or to both.


document_id: bata-2005
provision_ref: s21
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 21
title: Notifications relating to transfers of Second Schedule biological agents
content:
21. —(1) Any transferor who wishes to transfer any Second Schedule biological agent to a transferee must notify — ( a ) the Director‑General of the proposed transfer within such time and in such form and manner as the Director‑General may require; [Act 11 of 2023 wef 01/05/2023] ( b ) the transferee of an estimated time of receipt by the transferee of the biological agent being transferred; and ( c ) the carrier of the biological agent (where the carrier is not the transferor or transferee) prior to the despatch of the biological agent of a 24‑hour emergency number that is monitored at all times by a person who — (i) has knowledge of the hazards and characteristics of the biological agent being transported; or (ii) has immediate access to a person who possesses such knowledge and information. (2) Where a transferee fails to receive any Second Schedule biological agent which is being transferred to the transferee, the transferee must immediately notify the Director‑General, in such form and manner as the Director‑General may require, of the failure of receipt. [Act 11 of 2023 wef 01/05/2023] (3) For the purposes of subsection (2), a transferee is deemed to have failed to receive the Second Schedule biological agent which is being transferred to the transferee if the transferee does not receive the biological agent within 24 hours of the estimated time of receipt of the biological agent provided by the transferor. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. Subdivision (4) &#x2014; Transportation


document_id: bata-2005
provision_ref: s22
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 22
title: Prohibition against transportation by certain means
content:
22. —(1) A person must not transport or procure the transportation of any Second Schedule biological agent within Singapore by mail or public transportation. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both. Division 4 &#x2014; Third Schedule biological agents


document_id: bata-2005
provision_ref: s23
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 23
title: Prohibition against large-scale production of Third Schedule biological agents without approval
content:
23. —(1) A person must not carry out or procure any large-scale production of any Third Schedule biological agent unless the large‑scale production of the Third Schedule biological agent — ( a ) is authorised by an approval granted by the Director‑General; and [Act 11 of 2023 wef 01/05/2023] ( b ) is carried out — (i) at the facility specified in the approval; and (ii) in accordance with the conditions of the approval. (2) Where any person produces any Third Schedule biological agent at any facility in contravention of subsection (1), the Director‑General may order any one or more of the following: ( a ) the immediate cessation of any activity involving the Third Schedule biological agent carried out by the person at the facility; ( b ) the destruction of the Third Schedule biological agent at the facility; ( c ) the decontamination of the facility; ( d ) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; ( e ) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to the Third Schedule biological agent at the facility should — (i) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (ii) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (3) Any person who contravenes any order made by the Director‑General under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 11 of 2023 wef 01/05/2023]


document_id: bata-2005
provision_ref: s24
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 24
title: Prohibition against transportation by certain means
content:
24. —(1) A person must not transport or procure the transportation of any Third Schedule biological agent within Singapore by mail or public transportation. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. Division 5 &#x2014; Fourth Schedule biological agents


document_id: bata-2005
provision_ref: s25
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 25
title: Prohibition against import of Fourth Schedule biological agents without permit
content:
25. —(1) A person must not import or procure the import of any Fourth Schedule biological agent unless the import of the Fourth Schedule biological agent is authorised by and is carried out in accordance with the conditions of a permit granted by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (2) Every permit to import a Fourth Schedule biological agent is valid only in respect of one consignment of the Fourth Schedule biological agent for which an application for a permit to import has been made. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: bata-2005
provision_ref: s26
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 26
title: Prohibition against transportation by certain means
content:
26. —(1) A person must not transport or procure the transportation of any Fourth Schedule biological agent within Singapore by mail or public transportation. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. Division 6 &#x2014; Inactivated biological agents


document_id: bata-2005
provision_ref: s27
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 27
title: Prohibition against inactivation of biological agents
content:
27. —(1) A person must not inactivate or procure the inactivation of any First Schedule biological agent or Second Schedule biological agent unless — ( a ) the person has been granted an approval to possess the First Schedule biological agent as referred to in section 6, or an approval to possess the Second Schedule biological agent as referred to in section 15, as the case may be; and ( b ) the inactivation of the biological agent is carried out — (i) in accordance with such method as may be approved by the person’s biosafety committee; and (ii) at the facility specified in the person’s approval to possess the First Schedule biological agent or Second Schedule biological agent. (2) Subsection (1) does not apply insofar as the inactivation relates to the decontamination of any First Schedule biological agent waste or Second Schedule biological agent waste. (3) Where any person has inactivated or attempted to inactivate any First Schedule biological agent or Second Schedule biological agent at any facility in contravention of subsection (1) (whether or not the inactivation is successful), the Director‑General may order any one or more of the following: ( a ) the immediate cessation of any activity involving that First Schedule biological agent or Second Schedule biological agent carried out by the person at the facility; ( b ) the destruction of that First Schedule biological agent or Second Schedule biological agent at the facility; ( c ) the decontamination of the facility; ( d ) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; ( e ) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to that First Schedule biological agent or Second Schedule biological agent at the facility should — (i) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (ii) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (4) Any person who contravenes any order made by the Director‑General under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 11 of 2023 wef 01/05/2023]


document_id: bata-2005
provision_ref: s28
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 28
title: Prohibition against import of inactivated biological agents without permit
content:
28. —(1) A person must not import or procure the import of — ( a ) any inactivated First Schedule biological agent; or ( b ) any inactivated Second Schedule biological agent, for any purpose unless the import of the inactivated First Schedule biological agent or inactivated Second Schedule biological agent (as the case may be) is authorised by and is carried out in accordance with the conditions of a permit granted by the Director-General. [Act 11 of 2023 wef 01/05/2023] (2) The Director‑General must not grant any permit to import any inactivated First Schedule biological agent or any inactivated Second Schedule biological agent to any person unless the Director‑General is satisfied that the biological agent has been properly inactivated. [Act 11 of 2023 wef 01/05/2023] (3) Without prejudice to section 50, for the purpose of satisfying himself or herself that any First Schedule biological agent or Second Schedule biological agent has been properly inactivated, the Director‑General may require an applicant for a permit to import to provide such information relating to — ( a ) the person by whom the inactivation of the First Schedule biological agent or Second Schedule biological agent (as the case may be) has been carried out; and ( b ) the method of the inactivation used and its efficacy. [Act 11 of 2023 wef 01/05/2023] (4) Every permit to import an inactivated First Schedule biological agent or an inactivated Second Schedule biological agent entitles the holder of the permit to import from the person referred to in subsection (3)( a ) any number of consignments of the inactivated First Schedule biological agent or the inactivated Second Schedule biological agent, as specified in the permit, which has been so inactivated using the method referred to in subsection (3)( b ). (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: bata-2005
provision_ref: s29
chapter: PART 3 - BIOLOGICAL AGENTS AND
section: 29
title: Prohibition against transportation by certain means
content:
29. —(1) A person must not transport or procure the transportation of any inactivated First Schedule biological agent or any inactivated Second Schedule biological agent within Singapore by mail or public transportation. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: bata-2005
provision_ref: s30
chapter: PART 4 - TOXINS
section: 30
title: Prohibition against use of toxins for non-peaceful purpose, etc.
content:
30. —(1) A person must not — ( a ) use; ( b ) develop or produce; ( c ) acquire, stockpile, retain or possess; or ( d ) transfer to another person, whether directly or indirectly, any toxin for any non-peaceful purpose. (2) Any person who contravenes subsection (1) — ( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million or to imprisonment for a term which may extend to life imprisonment or to both; and ( b ) may be arrested without warrant by a police officer or an enforcement officer. Division 2 &#x2014; Possession and use


document_id: bata-2005
provision_ref: s31
chapter: PART 4 - TOXINS
section: 31
title: Prohibition against possession of Fifth Schedule toxins without approval
content:
31. —(1) A person must not possess any Fifth Schedule toxin unless the person’s possession of the Fifth Schedule toxin is authorised by and is in accordance with the conditions of an approval granted by the Director-General. [Act 11 of 2023 wef 01/05/2023] (2) For the purpose of subsection (1), an approval to possess a Fifth Schedule toxin must not be granted to any person unless the person is the operator of a facility which is a protected place. (3) A person who has been granted an approval to possess a Fifth Schedule toxin must keep or use the Fifth Schedule toxin only at such facility as may be specified in the approval to possess. (4) Where any person possesses any Fifth Schedule toxin in contravention of subsection (1) or keeps or uses any Fifth Schedule toxin at any facility in contravention of subsection (3) — ( a ) 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 10 years or to both; and ( b ) the Director‑General may order any one or more of the following: (i) the immediate cessation of any activity involving the Fifth Schedule toxin carried out by the person at the facility; (ii) the destruction of the Fifth Schedule toxin at the facility; (iii) the decontamination of the facility; (iv) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; (v) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to the Fifth Schedule toxin at the facility should — (A) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (B) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (5) Any person who contravenes any order made by the Director‑General under subsection (4)( b ) 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 10 years or to both. [Act 11 of 2023 wef 01/05/2023] (6) This section does not apply to — ( a ) any person who has been engaged to transport any Fifth Schedule toxin within Singapore and whose possession of the Fifth Schedule toxin is merely incidental to the person’s transporting it in accordance with such engagement; or ( b ) any person who has been engaged to store any Fifth Schedule toxin within Singapore pending — (i) the delivery of the Fifth Schedule toxin to the person who has procured its import into Singapore; or (ii) the export of the Fifth Schedule toxin from Singapore in the course of transhipment, and whose possession of the Fifth Schedule toxin is merely incidental to the person’s storing it in accordance with such engagement. Division 3 &#x2014; Import and transhipment


document_id: bata-2005
provision_ref: s32
chapter: PART 4 - TOXINS
section: 32
title: Prohibition against import or transhipment of Fifth Schedule toxins without permit
content:
32. —(1) A person must not import or procure the import of any Fifth Schedule toxin unless the import of the Fifth Schedule toxin is authorised by and is carried out in accordance with the conditions of a permit granted by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (2) A person must not tranship any Fifth Schedule toxin unless the transhipment of the Fifth Schedule toxin is authorised by and is carried out in accordance with the conditions of a permit granted by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (3) For the purposes of subsection (1), a permit to import a Fifth Schedule toxin must not be granted to any person unless the person has already been granted an approval to possess the Fifth Schedule toxin as referred to in section 31. (4) Every permit to import or tranship a Fifth Schedule toxin is valid only in respect of one consignment of the Fifth Schedule toxin for which an application for the permit has been made. (5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.


document_id: bata-2005
provision_ref: s33
chapter: PART 4 - TOXINS
section: 33
title: Notification of failure of receipt of import
content:
33. —(1) Every holder of a permit to import any Fifth Schedule toxin must immediately notify the Director‑General, in such form and manner as the Director‑General may require, in the event the holder of the permit fails to receive the consignment of the Fifth Schedule toxin to which the permit to import relates. [Act 11 of 2023 wef 01/05/2023] (2) For the purposes of subsection (1), the holder of the permit to import is deemed to have failed to receive the consignment of the Fifth Schedule toxin to which the permit to import relates if the holder of the permit does not receive the consignment within 24 hours of such time as may be reasonably estimated by the holder of the permit for the receipt. (3) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: bata-2005
provision_ref: s34
chapter: PART 4 - TOXINS
section: 34
title: Storage of Fifth Schedule toxins upon import or pending transhipment
content:
34. —(1) Where any Fifth Schedule toxin that has been imported into Singapore is required to be stored temporarily at any place before it is delivered to the facility for which it is destined, the person to whom the permit to import the Fifth Schedule toxin has been granted must ensure that the Fifth Schedule toxin is stored at a place which is safe and secure, and that the storage at such place is carried out in accordance with such requirements as may be prescribed. (2) Where any Fifth Schedule toxin that is being transhipped through Singapore is required to be landed and stored temporarily at any place before it is delivered to the conveyance on which it will be taken out of Singapore, the person to whom the permit to tranship the Fifth Schedule toxin has been granted must ensure that the Fifth Schedule toxin is stored at a place which is safe and secure, and that the storage at such place is carried out in accordance with such requirements as may be prescribed. (3) Where a holder of a permit to import or tranship any Fifth Schedule toxin stores the toxin in contravention of subsection (1) or (2), as the case may be — ( a ) the holder of the permit 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 10 years or to both; and ( b ) the Director‑General may order the holder of the permit, at the expense of the holder of the permit, to do any one or more of the following: (i) take such measures as the Director‑General may specify to ensure that the Fifth Schedule toxin is properly stored; (ii) destroy the Fifth Schedule toxin; (iii) decontaminate the place at which the Fifth Schedule toxin was stored in contravention of subsection (1) or (2). [Act 11 of 2023 wef 01/05/2023] (4) Any holder of a permit to import any Fifth Schedule toxin and any holder of a permit to tranship any Fifth Schedule toxin who contravenes any order made by the Director‑General under subsection (3)( b ) 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 10 years or to both. [Act 11 of 2023 wef 01/05/2023] Division 4 &#x2014; Transfer


document_id: bata-2005
provision_ref: s35
chapter: PART 4 - TOXINS
section: 35
title: Prohibition against transfers of Fifth Schedule toxins except by certain persons
content:
35. —(1) Subject to subsection (2), a person must not transfer any Fifth Schedule toxin unless — ( a ) the person has an approval to possess the Fifth Schedule toxin as referred to in section 31; and ( b ) the transferee — (i) has also been granted an approval to possess the Fifth Schedule toxin as referred to in section 31; or (ii) is outside Singapore. (2) A person to whom any Fifth Schedule toxin has been provided for any excluded purpose must not transfer the Fifth Schedule toxin to any other person for any purpose other than an excluded purpose unless the transferee — ( a ) has been granted an approval to possess the Fifth Schedule toxin as referred to in section 31; or ( b ) is outside Singapore. (3) Any transferor who transfers any Fifth Schedule toxin to any transferee in Singapore, knowing or having reason to believe that such transferee does not have an approval to possess the Fifth Schedule toxin as referred to in section 31, 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 10 years or to both.


document_id: bata-2005
provision_ref: s36
chapter: PART 4 - TOXINS
section: 36
title: Notifications relating to transfers of Fifth Schedule toxins
content:
36. —(1) Any transferor who wishes to transfer any Fifth Schedule toxin to a transferee must notify — ( a ) the Director‑General of the proposed transfer within such time and in such form and manner as the Director‑General may require; [Act 11 of 2023 wef 01/05/2023] ( b ) the transferee of an estimated time of receipt by the transferee of the toxin being transferred; and ( c ) the carrier of the toxin (where the carrier is not the transferor or transferee) prior to the despatch of the toxin of a 24‑hour emergency number that is monitored at all times by a person who — (i) has knowledge of the hazards and characteristics of the toxin being transported; or (ii) has immediate access to a person who possesses such knowledge and information. (2) Where a transferee fails to receive any Fifth Schedule toxin which is being transferred to the transferee, the transferee must immediately notify the Director‑General, in such form and manner as the Director‑General may require, of the failure of receipt. [Act 11 of 2023 wef 01/05/2023] (3) For the purposes of subsection (2), a transferee is deemed to have failed to receive the Fifth Schedule toxin which is being transferred to the transferee if the transferee does not receive the toxin within 24 hours of the estimated time of receipt of the toxin provided by the transferor. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. Division 5 &#x2014; Transportation


document_id: bata-2005
provision_ref: s37
chapter: PART 4 - TOXINS
section: 37
title: Prohibition against transportation by certain means
content:
37. —(1) A person must not transport or procure the transportation of any Fifth Schedule toxin within Singapore by mail or public transportation. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.


document_id: bata-2005
provision_ref: s38
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 38
title: Application
content:
38. —(1) Except as otherwise specified, the duties and obligations specified in this Division apply to the operator of a facility who has been granted — ( a ) an approval to possess any First Schedule biological agent or Second Schedule biological agent; ( b ) an approval to produce on a large scale any First Schedule biological agent or Third Schedule biological agent; or ( c ) an approval to possess any Fifth Schedule toxin, in relation to or in connection with the possession or production allowed by such approval. (2) In this Division — “biological agent” means — ( a ) any First Schedule biological agent; ( b ) any Second Schedule biological agent; or ( c ) any Third Schedule biological agent produced on a large scale; “toxin” means any Fifth Schedule toxin.


document_id: bata-2005
provision_ref: s39
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 39
title: Appointment of biosafety committee and biosafety co‑ordinator
content:
39. —(1) Every operator of a facility must, in accordance with such requirements as may be prescribed — ( a ) appoint a biosafety committee comprising the persons specified in the Sixth Schedule; and ( b ) appoint a biosafety co-ordinator. (2) The biosafety co-ordinator of a facility must undergo such training as the Director‑General may from time to time require. [Act 11 of 2023 wef 01/05/2023] (3) Subject to subsection (4), every operator of a facility must, before carrying out any of the following activities at the facility, obtain the advice of the biosafety committee as to the safety measures required for the carrying out of that activity: ( a ) any activity involving any biological agent or toxin; ( b ) the inactivation of any biological agent. (4) Nothing in subsection (3) requires the operator of a facility to obtain the advice of the biosafety committee in respect of an activity which the operator proposes to carry out at the facility if the proposed activity is of the same type and is to be carried out in the same manner as an activity in respect of which the operator had previously obtained the advice of the biosafety committee in accordance with that subsection and which had been carried out safely. (5) In order to properly advise the operator of a facility as to the safety measures required for the carrying out of any activity referred to in subsection (3) at the facility, the biosafety committee must — ( a ) conduct risk assessments in relation to the activity proposed to be carried out; ( b ) devise such measures for the management of the risks that may arise from the proposed activity; and ( c ) formulate such other policies, programmes and codes of practice as may be necessary for — (i) the proposed activity to be carried out safely at the facility; and (ii) the training of staff who will be involved in the carrying out of the proposed activity. (6) An operator of a facility must not commence or allow the commencement of any activity involving any biological agent or toxin at the facility unless — ( a ) the biosafety committee has determined that the proposed activity may be carried out safely at the facility; ( b ) the biosafety co-ordinator has implemented the measures, policies, programmes and codes of practice as devised or formulated by the biosafety committee under subsection (5); and ( c ) where the proposed activity involves the use of any biological agent inactivated at the facility, the biosafety committee has verified that the biological agent has been properly inactivated. (7) The biosafety committee must review every 2 years or earlier, as may be appropriate, all measures, policies, programmes and codes of practice devised or formulated by it under subsection (5), and must immediately inform the operator of the facility of any change to such measures, policies, programmes and codes of practice as the biosafety committee thinks necessary. (8) Where the biosafety committee has proposed changes to any existing measure, policy, programme or code of practice — ( a ) the biosafety co-ordinator of the facility must implement such changes as soon as possible within the timeframe stipulated by the biosafety committee; and ( b ) the operator of the facility must, if so advised by the biosafety committee, discontinue the activity to which the changes relate until such time as the biosafety co-ordinator has implemented those changes.


document_id: bata-2005
provision_ref: s40
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 40
title: Maintaining facilities and equipment
content:
40. Every operator of a facility must — ( a ) ensure that the facility is appropriate for its purpose and complies with such requirements as may be prescribed; ( b ) maintain the facility, and any equipment therein, in an optimal and a safe working condition; ( c ) establish and implement adequate security systems to control access to the facility itself, to those parts of the facility where the biological agents or toxins are kept or handled, and to such biological agents or toxins themselves; ( d ) ensure that the biohazard sign set out in the Seventh Schedule is prominently displayed at every door leading into the facility; and ( e ) implement a pest control programme within the facility.


document_id: bata-2005
provision_ref: s41
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 41
title: Activities and staff
content:
41. Every operator of a facility must — ( a ) ensure that proper assessments of risk, management of risk, operational monitoring, supervision and review of the storage of or activities involving biological agents or toxins at the facility are carried out; ( b ) ensure that the storage of or activities involving biological agents are carried out at an appropriate biosafety level at the facility and in accordance with such requirements as may be prescribed; ( c ) ensure that no research, teaching or operational activity involving biological agents or toxins at the facility is undertaken until a risk assessment of the activity is conducted by the biosafety committee and it is demonstrated that any hazard that may arise from the activity can be controlled; ( d ) ensure that emergencies arising from any storage of or activity involving biological agents or toxins carried out at the facility are dealt with in accordance with appropriate procedures; ( e ) ensure that no biological agent, toxin or waste which contains a biological agent or toxin is discharged into the environment without the appropriate decontamination and ensure that such waste is lawfully discharged and disposed of; ( f ) ensure that activities involving biological agents or toxins are conducted by staff of the facility who are properly trained to conduct such activities, or conducted under the supervision of such persons; ( g ) ensure that all staff of the facility receive such training as may be required by the Director‑General; [Act 11 of 2023 wef 01/05/2023] ( h ) ensure that all staff of the facility are properly protected against any risk of exposure to any biological agent or toxin, including — (i) ensuring that all staff of the facility are appropriately attired; (ii) ensuring that all staff of the facility adhere to safe working practices and techniques; (iii) making available to all staff of the facility the appropriate vaccination or prophylaxis; and (iv) ensuring that all staff of the facility are not exposed to hazards arising out of the use, handling, transport or storage of any biological agent or toxin; and ( i ) establish a health and medical surveillance system for the staff of the facility so that any member of the staff who has been infected by or who has been exposed to any biological agent or toxin in the course of carrying out any activity involving biological agents or toxins may be expeditiously identified and treated.


document_id: bata-2005
provision_ref: s42
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 42
title: Visitors
content:
42. —(1) Where a person who is not a member of the staff of a facility is required to carry out any work at the facility, the operator of the facility must ensure that that person is made aware of the biological hazards associated with the storage of and activities involving biological agents and toxins carried out at the facility. (2) Subject to subsection (3), where a person who is not a member of the staff of a facility is required to enter any part of the facility where there is a risk of exposure to biological agents or toxins, the operator of the facility must ensure that that person — ( a ) is accompanied by a member of the staff of the facility — (i) when that person enters the facility; (ii) when that person leaves the facility; and (iii) for such time that that person is in the facility as the operator of the facility thinks necessary; and ( b ) is properly protected against any risk of exposure to such biological agent or toxin at the facility. (3) Where a person who is not a member of the staff of a facility is required to enter the facility at which any First Schedule (Part 2) biological agent or Second Schedule biological agent is kept, the operator of the facility must ensure that that person — ( a ) is accompanied by a member of the staff of the facility at all times and in all parts of the facility; and ( b ) is properly protected against any risk of exposure to such biological agent at the facility.


document_id: bata-2005
provision_ref: s43
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 43
title: Use of animals
content:
43. Every operator of a facility who uses any animal for experimentation involving biological agents or toxins at the operator’s facility must comply with such requirements as may be prescribed in relation to animal containment.


document_id: bata-2005
provision_ref: s44
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 44
title: Records and reporting requirements
content:
44. Every operator of a facility must — ( a ) maintain an inventory of all biological agents and toxins at the facility, which must include records of the following: (i) the storage location of the biological agents and toxins; (ii) the personnel having approval to access any of the biological agents and toxins, and the biological agents and toxins to which such approval relates; (iii) the use to which the biological agents or toxins are to be and have been put; (iv) the transfers of the biological agents and toxins within the facility and between the facility and any other facility; (v) the inactivation of the biological agents; (vi) the disposal of the biological agents and toxins; and (vii) where the biological agents and toxins are First Schedule (Part 2) biological agents, Second Schedule biological agents or Fifth Schedule toxins — (A) the personnel who have dealt with the biological agents or toxins; and (B) the personnel who have entered the area where the biological agents or toxins are used or stored; ( b ) maintain a record of all visitors to the facility; and ( c ) report immediately to the Director‑General in such form and manner as the Director‑General may require — (i) all confirmed or suspected infections or illnesses acquired by any member of the staff of the facility in the course of carrying out any activity involving biological agents or toxins at the facility; (ii) all adverse incidents involving biological agents that may potentially cause transmission of any infectious disease; (iii) all adverse incidents involving toxins; (iv) all loss, whether through theft or otherwise, of biological agents and toxins; and (v) the destruction by the operator of the facility of any of the operator’s stocks of First Schedule (Part 2) biological agents, Second Schedule biological agents and Fifth Schedule toxins. [Act 11 of 2023 wef 01/05/2023]


document_id: bata-2005
provision_ref: s45
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 45
title: Failure to perform duties and obligations
content:
45. —(1) Where the operator of a facility fails to comply with any duty or obligation imposed under this Division — ( a ) the operator shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both 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; and ( b ) the Director‑General may order any one or more of the following: (i) the immediate cessation of any activity involving any biological agent or toxin at the facility; (ii) the destruction of any biological agent or toxin at the facility; (iii) the decontamination of the facility; (iv) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; (v) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to any biological agent or toxin at the facility should — (A) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (B) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (2) Any person who contravenes any order made by the Director‑General under subsection (1)( b ) shall be guilty of an offence and shall be liable on conviction to be punished as follows: ( a ) where the offence involves a First Schedule (Part 1) biological agent or a Third Schedule biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and ( b ) where the offence involves a First Schedule (Part 2) biological agent, a Second Schedule biological agent or a Fifth Schedule toxin, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both. [Act 11 of 2023 wef 01/05/2023] (3) Where it is proved to the satisfaction of the court that the biosafety committee of a facility has rendered any advice to the operator of the facility under section 39(3) in a reckless or grossly negligent manner or in bad faith, every member of the biosafety committee shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both unless the member proves that — ( a ) the advice was rendered without the member’s consent or connivance; and ( b ) the member had exercised all such diligence to prevent the biosafety committee from rendering that advice as the member ought to have exercised in the circumstances. (4) Where any member of staff of a facility fails to comply with any measure, policy, programme or code of practice implemented by the biosafety co‑ordinator of the facility pursuant to section 39(6)( b ) or (8)( a ), the member of staff shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. Division 2 &#x2014; Duties and obligations of carriers
of biological agents and toxins


document_id: bata-2005
provision_ref: s46
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 46
title: Application
content:
46. —(1) Except as otherwise specified, the duties and obligations specified in this Division apply to any carrier, being a person (including a transferor or transferee) who undertakes the transportation in Singapore of — ( a ) any First Schedule biological agent; ( b ) any Second Schedule biological agent; ( c ) any Third Schedule biological agent in quantities aggregating 10 litres or more carried on any conveyance at any one time; or ( d ) any Fifth Schedule toxin. (2) In this Division — “biological agent” means — ( a ) any First Schedule biological agent; ( b ) any Second Schedule biological agent; or ( c ) any Third Schedule biological agent transported in quantities aggregating 10 litres or more on any conveyance at any one time; “toxin” means any Fifth Schedule toxin.


document_id: bata-2005
provision_ref: s47
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 47
title: Transportation of biological agents and toxins
content:
47. —(1) A carrier must ensure that there are no unreasonable delays in the carrier’s transportation of any biological agent or toxin. (2) The carrier must ensure that any person employed by the carrier to drive any conveyance for the purpose of transporting biological agents and toxins is trained in the management of accidents involving biohazardous materials. (3) For the purpose of subsection (2), the training of any person employed by a carrier to drive any conveyance for the purpose of transporting biological agents and toxins must include such training as the Director‑General may specify. [Act 11 of 2023 wef 01/05/2023] (4) The carrier must ensure that any conveyance used for the transportation of biological agents and toxins is affixed with such biohazard warning panel or label as the Director‑General may require when transporting biological agents or toxins. [Act 11 of 2023 wef 01/05/2023] (5) Where, in the course of transporting biological agents or toxins on any conveyance, there is any spillage or leakage of the biological agents or toxins, the person employed by the carrier to drive the conveyance must — ( a ) immediately cordon off the area surrounding the conveyance and the spillage or leakage; and ( b ) immediately notify the Commissioner of the Singapore Civil Defence Force or such officer as the Commissioner may authorise for the purpose of this section. (6) For the purpose of transporting — ( a ) any First Schedule (Part 2) biological agent; ( b ) any Second Schedule biological agent; ( c ) any Third Schedule biological agent in quantities aggregating 10 litres or more; or ( d ) any Fifth Schedule toxin, the carrier must take all necessary steps to ensure the security of the biological agent or toxin in the course of the transportation, including the use of security personnel and the prevention of unauthorised access to the biological agent or toxin.


document_id: bata-2005
provision_ref: s48
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 48
title: Packaging and labelling of biological agents and toxins
content:
48. The transferor must ensure that the packing and labelling of biological agents and toxins being transported comply with such requirements as may be prescribed.


document_id: bata-2005
provision_ref: s49
chapter: PART 5 - DUTIES AND OBLIGATIONS
section: 49
title: Failure to perform duties and obligations
content:
49. Any person who contravenes any provision of this Division shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: bata-2005
provision_ref: s50
chapter: PART 6 - APPROVALS, PERMITS AND
section: 50
title: Approvals and permits
content:
50. —(1) An application for any approval or permit required under this Act must be made to the Director‑General in such form and manner as the Director‑General may require and must be accompanied by — ( a ) such particulars, information and documents as the Director‑General may specify; and ( b ) if required by the Director‑General, a statutory declaration by the applicant verifying any information contained in or relating to the application. [Act 11 of 2023 wef 01/05/2023] (2) An applicant for any approval required under this Act must, if required by the Director‑General or an enforcement officer, provide the Director‑General or enforcement officer access to the facility of the applicant in order that the Director‑General or enforcement officer may inspect such facility and observe the work processes and procedures undertaken thereat. [Act 11 of 2023 wef 01/05/2023] (3) Upon considering an application made under subsection (1), the Director‑General may — ( a ) grant the approval or permit applied for, with or without conditions; or ( b ) refuse to grant the approval or permit applied for. [Act 11 of 2023 wef 01/05/2023] (4) The Director‑General may at any time vary or revoke any of the existing conditions imposed under subsection (3)( a ) or impose new conditions. [Act 11 of 2023 wef 01/05/2023] (5) Where the Director‑General refuses to grant any approval or permit under subsection (3)( b ), the Director‑General must, if requested to do so in writing by the applicant, state in writing the reasons for the Director‑General’s refusal. [Act 11 of 2023 wef 01/05/2023] (6) An approval to possess any biological agent or toxin ceases to be valid upon the occurrence of any of the following events: ( a ) upon the person to whom the approval has been granted ceasing to be the operator of the facility (whether certified or uncertified) specified in the approval; ( b ) where the facility in respect of which the approval has been granted is required under this Act to be a certified facility, upon that facility ceasing to be such a certified facility. (7) If the Director‑General has reason to believe that — ( a ) the grant of any approval or permit was obtained by fraud or misrepresentation; ( b ) the person to whom the approval or permit was granted has contravened, is contravening or is likely to contravene any provision of this Act or any condition imposed under subsection (3)( a ) or (4); or ( c ) any activity carried out at the facility to which the approval or permit relates poses a risk to public health, the Director‑General may do all or any of the following: ( d ) suspend or cancel the approval or permit; ( e ) order any one or more of the following: (i) the immediate cessation of any activity involving any biological agent or toxin at the facility; (ii) the destruction of any biological agent or toxin at the facility; (iii) the decontamination of the facility; (iv) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; (v) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to any biological agent or toxin at the facility should — (A) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (B) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (8) The Director‑General may suspend or cancel any approval or permit without any prior notice of such suspension or revocation. [Act 11 of 2023 wef 01/05/2023] (9) Where any approval or permit ceases to be valid or is suspended or cancelled, the Director‑General or an enforcement officer may seize any biological agent or toxin to which the approval or permit relates, and any other material arising out of any activity carried out in relation to or in connection with the biological agent or toxin to which the approval or permit relates. [Act 11 of 2023 wef 01/05/2023] (10) Any person who contravenes any order made by the Director‑General under subsection (7)( e ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both 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. [Act 11 of 2023 wef 01/05/2023]


document_id: bata-2005
provision_ref: s51
chapter: PART 6 - APPROVALS, PERMITS AND
section: 51
title: Certification of facilities
content:
51. —(1) Any facility which is required to be a certified facility for the purposes of this Act must be certified by an approved certification body. (2) For the purpose of this Act, a certification of a facility under subsection (1) ceases to be valid — ( a ) upon the expiry of one year from the date of the certification; or ( b ) upon any design or structural change made to the facility, whichever is earlier. (3) Where a certification of a facility ceases to be valid under subsection (2), the facility may be re‑certified as a certified facility for the purposes under subsection (1). (4) Where a facility is certified by an approved certification body under this section, the operator of the facility must inform the Director‑General of its certification in such form and manner as the Director‑General may specify and provide to the Director‑General a copy of the certification report issued by the approved certification body, before storing or carrying out any activity involving any biological agent at the certified facility. [Act 11 of 2023 wef 01/05/2023] (5) The operator of a certified facility must comply with such requirements as may be prescribed. (6) Where — ( a ) the operator of a facility stores or carries out any activity involving any biological agent without the facility being certified in accordance with this section; ( b ) the operator of a facility stores or carries out any activity involving any biological agent to which the certification relates without notifying the Director‑General of the certification under this section or providing to the Director‑General a copy of the certification report as required under subsection (4); or ( c ) the operator of a certified facility fails to comply with any prescribed requirement referred to in subsection (5), the Director‑General may order any one or more of the following: ( d ) the immediate cessation of any activity involving any biological agent at the facility; ( e ) the destruction of any biological agent at the facility; ( f ) the decontamination of the facility; ( g ) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; ( h ) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to any biological agent at the facility should — (i) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (ii) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (7) Any person who contravenes any order made by the Director‑General under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both 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. [Act 11 of 2023 wef 01/05/2023] (8) In this section, “approved certification body” means a certification body approved by the Director‑General for the purpose of subsection (1). [Act 11 of 2023 wef 01/05/2023]


document_id: bata-2005
provision_ref: s52
chapter: PART 7 - ENFORCEMENT
section: 52
title: Power of entry, inspection, search and seizure, etc.
content:
52. —(1) For the purpose of the administration and enforcement of this Act, the Director‑General or any enforcement officer may — ( a ) at any time and without warrant, enter, inspect and search any premises that are being used or that the Director‑General or enforcement officer has reason to suspect are being used in contravention of this Act, and may — (i) examine any practice or procedure that is being applied to any activity that has been or is being carried out on the premises; (ii) inspect, or remove for inspection, any apparatus, appliance, equipment or instrument used or found on the premises; (iii) inspect, test and examine, or remove for inspection, testing and examination, any container or receptacle found on the premises that the Director‑General or enforcement officer reasonably believes to contain or to have contained any biological agent or toxin; (iv) inspect, test and examine, or remove for inspection, testing and examination, any substance or material found on the premises (including the product of any activity carried out on the premises) that the Director‑General or enforcement officer reasonably believes to be or to include any biological agent or toxin; (v) seize any such apparatus, appliance, equipment, instrument, container, receptacle, substance or material that the Director‑General or enforcement officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act; and (vi) require the owner of, or the operator of any facility on, the premises to — (A) decontaminate the premises in such manner as the Director‑General or enforcement officer may specify; and (B) stop using, and to prevent any other person from entering or using, the premises until the Director‑General or enforcement officer is satisfied that the premises are safe for use; ( b ) at any time and without warrant, stop, board, inspect and search any conveyance that is being used or that the Director‑General or enforcement officer has reason to suspect is being used in contravention of this Act, and may — (i) inspect, or remove for inspection, any apparatus, appliance, equipment or instrument used or found on the conveyance; (ii) inspect, test and examine, or remove for inspection, testing and examination, any container or receptacle found on the conveyance that the Director‑General or enforcement officer reasonably believes to contain or to have contained any biological agent or toxin; (iii) inspect, test and examine, or remove for inspection, testing and examination, any substance or material found on the conveyance that the Director‑General or enforcement officer reasonably believes to be or to include any biological agent or toxin; (iv) seize any such apparatus, appliance, equipment, instrument, container, receptacle, substance or material that the Director‑General or enforcement officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act; and (v) require the owner of or the person using the conveyance to — (A) decontaminate the conveyance in such manner as the Director‑General or enforcement officer may specify; and (B) stop using, and to prevent any other person from using, the conveyance until the Director‑General or enforcement officer is satisfied that the conveyance is safe for use; ( c ) require any person to furnish any information within the person’s knowledge, including information relating to — (i) any activity that has been or is being carried out on any premises; (ii) any person involved in the carrying out of any activity on any premises; (iii) any practice or procedure that has been or is being applied to any activity carried out on any premises; (iv) any apparatus, appliance, equipment or instrument that has been or is being used in carrying out any activity on any premises; and (v) the source of any biological agent or toxin that has been or is being used in the carrying out of any activity on any premises, or which is found on any conveyance, and may further require such person to attend at a specified time and place for the purposes of complying with this paragraph; ( d ) require any person to produce in a form which is visible and legible and may be taken away, any information stored in any electronic form relating to — (i) any activity that has been or is being carried out on any premises; (ii) any person involved in the carrying out of any activity on any premises; (iii) any practice or procedure that has been or is being applied to any activity carried out on any premises; (iv) any apparatus, appliance, equipment or instrument that has been or is being used in carrying out any activity on any premises; and (v) the source of any biological agent or toxin that has been or is being used in the carrying out of any activity on any premises, or which is found on any conveyance, and may further require such person to attend at a specified time and place for the purposes of complying with this paragraph; ( e ) require any person to produce any book or document relating to — (i) any activity that has been or is being carried out on any premises; (ii) any person involved in the carrying out of any activity on any premises; (iii) any practice or procedure that has been or is being applied to any activity carried out on any premises; (iv) any apparatus, appliance, equipment or instrument that has been or is being used in carrying out any activity on any premises; and (v) the source of any biological agent or toxin that has been or is being used in the carrying out of any activity on any premises, or which is found on any conveyance, for inspection, retention or the making of copies thereof by the Director‑General or any enforcement officer, or to provide the Director‑General or any enforcement officer with copies of such book or document; and may further require such person to attend at a specified time and place for the purposes of complying with this paragraph; ( f ) require any person who was or is present on any premises or on any conveyance and whom the Director‑General or enforcement officer has reason to suspect has been exposed to any biological agent or toxin to undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify; and ( g ) arrest without warrant any person whom the Director‑General or enforcement officer has reason to believe has committed any offence under this Act if — (i) the name and address of that person are unknown; (ii) that person refuses or declines to give his or her name or address when required; or (iii) the enforcement officer has reason to doubt the accuracy of any name or address given by that person. [10/2008] [Act 11 of 2023 wef 01/05/2023] (2) Any person who — ( a ) without reasonable excuse, refuses or fails to comply with any requirement of the Director‑General or an enforcement officer under this section; or [Act 11 of 2023 wef 01/05/2023] ( b ) gives any false or misleading information when required to furnish any information to the Director‑General or an enforcement officer under this section, [Act 11 of 2023 wef 01/05/2023] shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: bata-2005
provision_ref: s53
chapter: PART 7 - ENFORCEMENT
section: 53
title: Power to make orders for cessation of activity on facilities, etc.
content:
53. —(1) Where the Director‑General has reason to suspect that any storage of or activity involving any biological agent, inactivated biological agent or toxin at or carried out on any facility — ( a ) has or is suspected to have given rise, or is likely to give rise, to an adverse incident; ( b ) poses an imminent threat to public health; ( c ) is a threat to national security; or ( d ) is contrary to the public interest, the Director‑General may order any one or more of the following: ( e ) the immediate cessation of any activity involving any biological agent or toxin at the facility; ( f ) the destruction of any biological agent or toxin at the facility; ( g ) the decontamination of the facility; ( h ) the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation; ( i ) that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to any biological agent or toxin at the facility should — (i) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (ii) be quarantined at such place and for such period as the Director‑General may specify in the order. [Act 11 of 2023 wef 01/05/2023] (2) Any person who contravenes any order made by the Director‑General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both. [Act 11 of 2023 wef 01/05/2023] (3) Subsection (1) is in addition to, and not in derogation of, any other provision in this Act empowering the Director‑General to make any similar order referred to in paragraphs ( e ) to ( i ) of that subsection. [Act 11 of 2023 wef 01/05/2023] (4) Where an order is made under this Act by the Director‑General — ( a ) for the cessation of any activity at any facility; ( b ) for the destruction of any biological agent, inactivated biological agent or toxin; ( c ) for the decontamination of any facility; ( d ) for the closure or cordoning off of any facility; or ( e ) that any person who may be or may have been exposed to any biological agent or toxin at the facility should undergo any medical examination or medical treatment or be quarantined, the Director‑General or an enforcement officer may take such measures as may be reasonable and necessary to ensure that the order is properly carried out, including any remedial or precautionary measure as may be necessary for ensuring the safety of persons carrying out the order or who are present at the facility when the order is being carried out. [Act 11 of 2023 wef 01/05/2023] (5) Where any order has been made by the Director‑General under this Act for — ( a ) the cessation of any activity involving any biological agent, inactivated biological agent or toxin; ( b ) the destruction of any biological agent, inactivated biological agent or toxin; or ( c ) the closure or cordoning off of any facility at which there is any biological agent, inactivated biological agent or toxin, the Director‑General or an enforcement officer may seize any biological agent, inactivated biological agent or toxin to which the order relates, and any other material arising out of any activity carried out involving the biological agent, inactivated biological agent or toxin. [Act 11 of 2023 wef 01/05/2023]


document_id: bata-2005
provision_ref: s54
chapter: PART 7 - ENFORCEMENT
section: 54
title: Power of seizure
content:
54. —(1) Where the Director‑General or an enforcement officer has exercised his or her power of seizure under this Act — ( a ) the Director‑General or enforcement officer must immediately give written notice of the seizure to the owner of the matter seized, or the person from whom the matter was seized, and may — (i) direct that the matter under seizure be kept or stored in the premises or conveyance where it was seized or be removed to any other place to be kept or stored thereat; or (ii) dispose of the matter seized immediately if the Director‑General or enforcement officer is of the view that it is decayed, putrefied or deleterious to health; and ( b ) any person aggrieved by the seizure may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court and the Magistrate’s Court may — (i) confirm the seizure wholly or in part; (ii) disallow the seizure wholly or in part; (iii) order that any matter that has been seized be returned to its owner, subject to any condition which the Court may think fit to impose to ensure that the matter seized is preserved for any purpose for which it may subsequently be required; or (iv) order payment to be made to the owner of or person entitled to the matter seized of such amount as the Court considers reasonable compensation to the owner or person for any loss or depreciation resulting from the seizure. [Act 11 of 2023 wef 01/05/2023] (2) Where — ( a ) no complaint is received by the Magistrate’s Court within 48 hours of the seizure under subsection (1)( b ); or ( b ) the Magistrate’s Court confirms the seizure under subsection (1)( b )(i), the matter seized in its entirety or to the extent to which its seizure was confirmed by the Magistrate’s Court (as the case may be) becomes the property of the Government and must be destroyed, disposed of or otherwise dealt with in such manner as the Director‑General thinks fit. [Act 11 of 2023 wef 01/05/2023]


document_id: bata-2005
provision_ref: s55
chapter: PART 7 - ENFORCEMENT
section: 55
title: Obstruction of public officers
content:
55. —(1) A person must not at any time hinder, obstruct or molest the Director‑General or any enforcement officer 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. [Act 11 of 2023 wef 01/05/2023] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of a first offence, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in the case of a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: bata-2005
provision_ref: s56
chapter: PART 7 - ENFORCEMENT
section: 56
title: Offences by bodies corporate, etc.
content:
56. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) Regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: bata-2005
provision_ref: s57
chapter: PART 7 - ENFORCEMENT
section: 57
title: Liability for offences by agents or servants
content:
57. Where an offence under this Act is committed by any person acting as an agent or a servant of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the firstmentioned person, be liable under this Act in the same manner and to the same extent as if that other person had personally committed the offence if it is proved that the act which constituted the offence was committed with his or her consent or connivance or that it was attributable to any neglect on his or her part.


document_id: bata-2005
provision_ref: s58
chapter: PART 7 - ENFORCEMENT
section: 58
title: Jurisdiction of court
content:
58. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act (other than the offences under sections 5, 16 and 30) and has power to impose the full penalty or punishment in respect of the offence.


document_id: bata-2005
provision_ref: s59
chapter: PART 7 - ENFORCEMENT
section: 59
title: Composition of offences
content:
59. —(1) The Director‑General may compound all offences under this Act, other than the offences specified in the Eighth Schedule, 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. [Act 11 of 2023 wef 01/05/2023] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of such offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: bata-2005
provision_ref: s60
chapter: PART 8 - MISCELLANEOUS
section: 60
title: Appeal to Minister
content:
60. —(1) Any person who is aggrieved by — ( a ) any refusal of the Director‑General to grant any approval or permit required under this Act; [Act 11 of 2023 wef 01/05/2023] ( b ) any decision of the Director‑General to suspend or revoke any such approval or permit; or [Act 11 of 2023 wef 01/05/2023] ( c ) any order of the Director‑General for the cessation of any activity carried out on any facility, the destruction of any biological agent, inactivated biological agent or toxin at any facility, the decontamination of any facility or the closure or cordoning off of any facility, [Act 11 of 2023 wef 01/05/2023] may appeal to the Minister in writing within such time as may be prescribed. (2) The decision of the Minister is final. (3) Despite any appeal, an order made by the Director‑General for the cessation of any activity, or the closure or cordoning off of any facility, takes effect from the date specified in the order, unless the Minister otherwise directs. [Act 11 of 2023 wef 01/05/2023]


document_id: bata-2005
provision_ref: s61
chapter: PART 8 - MISCELLANEOUS
section: 61
title: General exemption
content:
61. The Minister may, either permanently or for such period as the Minister may think fit, exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act.


document_id: bata-2005
provision_ref: s63
chapter: PART 8 - MISCELLANEOUS
section: 63
title: Regulations
content:
63. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the regulation of the possession, storage, use, import, transfer, transportation and disposal of scheduled biological agents, inactivated scheduled biological agents and Fifth Schedule toxins, including — (i) the imposition of duties and obligations of persons who possess, store, use, import, transfer, transport or dispose of such biological agents, inactivated biological agents and toxins; and (ii) the measures, practices, procedures, processes and standards to be adopted and implemented in the possession, storage, use, import, transfer, transportation and disposal of such biological agents, inactivated biological agents and toxins; ( b ) the regulation of the design and structural requirements of facilities; ( c ) the qualifications of persons controlling, managing or carrying out the storage or disposal of, or activities involving, any scheduled biological agent, inactivated scheduled biological agent or Fifth Schedule toxin at any facility; ( d ) the measures to be adopted and implemented for dealing with and investigating into any adverse incident and the procedures for the reporting of such adverse incident to the Director‑General; [Act 11 of 2023 wef 01/05/2023] ( e ) the duties and obligations of operators, biosafety committees, biosafety co‑ordinators and staff of facilities (in addition to the duties and obligations of such persons specified in this Act); ( f ) the procedures of biosafety committees; ( g ) the prescribing of fees payable for the purposes of this Act; ( h ) such matters as may be required by this Act to be prescribed; ( i ) such other matter as the Minister thinks necessary for the administration and enforcement of this Act. (3) The Minister may, in making any regulations under this section — ( a ) provide that where there has been any contravention of any provision thereof, the Director‑General may, as may be appropriate, order — (i) the immediate cessation of any activity involving any scheduled biological agent, inactivated scheduled biological agent or Fifth Schedule toxin; (ii) the destruction of any scheduled biological agent, inactivated scheduled biological agent or Fifth Schedule toxin; (iii) the decontamination of any facility; (iv) the closure or cordoning off of any facility until such time as the Director‑General is satisfied that the facility may safely resume operation; and (v) that any person who is or was at any facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to any scheduled biological agent, inactivated scheduled biological agent or Fifth Schedule toxin at the facility should — (A) undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or (B) be quarantined at such place and for such period as the Director‑General may specify in the order; and [Act 11 of 2023 wef 01/05/2023] ( b ) provide that a contravention of any provision of the regulations or an order referred to in paragraph ( a ) made under the regulations shall be an offence punishable — (i) in relation to or in connection with any First Schedule (Part 1) biological agent, Third Schedule biological agent or Fourth Schedule biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and (ii) in relation to or in connection with any First Schedule (Part 2) biological agent, Second Schedule biological agent or Fifth Schedule toxin, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both. (4) In this section — “inactivated scheduled biological agent” means a First Schedule biological agent, a Second Schedule biological agent, a Third Schedule biological agent or a Fourth Schedule biological agent that has been inactivated; “scheduled biological agent” means a First Schedule biological agent, a Second Schedule biological agent, a Third Schedule biological agent or a Fourth Schedule biological agent.


document_id: bca-1989
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “accredited checker” means a person who is registered as an accredited checker under section 16, whether acting on his or her own behalf or on behalf of an accredited checking organisation; “accredited checking organisation” means an accredited checking organisation registered as such under section 16; [ Deleted by Act 23 of 2023 wef 18/12/2023 ] “amended plans” means plans showing any deviation from, or any amendment or addition to, any plans of building works approved or deemed approved under section 5(3) or 5AA(1); [Act 23 of 2023 wef 18/12/2023] “analyst” means an analyst approved by the Commissioner of Building Control; “builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for the person’s own account or for or on behalf of another person but does not include a sub-contractor in relation to those building works; [Act 12 of 2020 wef 15/06/2024] “builder’s licence” means a general builder’s licence or a specialist builder’s licence granted under Part 5A; “building” means any permanent or temporary building or structure and includes — ( a ) a hut, shed or roofed enclosure; ( b ) an earth retaining or stabilising structure, whether permanent or temporary; ( c ) a dock, wharf or jetty; ( ca ) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; ( d ) a culvert, crossing, bridge, underpass or tunnel; ( da ) a fixed installation; [Act 12 of 2020 wef 01/10/2025] ( e ) a sewage treatment plant, sewer, drain, swimming pool or any non‑proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; ( f ) a shelter provided under the Civil Defence Shelter Act 1997; and ( g ) such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette , declare to be a building; “Building and Construction Authority” means the Building and Construction Authority established under section 3 of the Building and Construction Authority Act 1999; “building regulations” means any regulations made under section 49; “building works” means — ( a ) the erection, extension or demolition of a building; ( b ) the alteration, addition or repair of a building; ( c ) the provision, extension or alteration of any air conditioning service or ventilating system in or in connection with a building, and includes any fixed installation works, and any site formation works connected with or carried out for the purpose of paragraph ( a ), ( b ) or ( c ); [Act 12 of 2020 wef 01/10/2025] “certificate of statutory completion” means a certificate of statutory completion issued under section 12; “Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be; “common property” has the meaning given by — ( a ) the Town Councils Act 1988 * where the common property is comprised in a housing estate of the Housing and Development Board; or ( b ) the Building (Strata Management) Act 2004 * in any other case; [Act 12 of 2020 wef 01/10/2025] “competent authority” means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development of land; “developer”, in relation to any building works, means the person for whom or on whose behalf the building works are carried out; “earth retaining structure” means any structure, structural system or other means used to maintain the shape of excavation during construction, earth filling or cutting; “escalator” means a machine-powered installation comprising — ( a ) a stairway with continuously moving steps and handrails carrying people between different floors of a building; or ( b ) a continuously moving walkway for conveying people between different parts of a building or between 2 buildings, and includes a passenger conveyor, and any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating the escalator; [Act 12 of 2020 wef 01/01/2022] “exterior feature”, in relation to any building, means any permanent feature of a building that — ( a ) is installed on, forms part of or projects outwards from the roof or exterior of the building; and ( b ) is prescribed by building regulations; [Act 12 of 2020 wef 01/01/2022] “fixed installation” means any of the following machine-powered installations: ( a ) an escalator; ( b ) a lift; ( c ) a mechanised car parking system, and includes any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating a fixed installation; [Act 12 of 2020 wef 01/01/2022] “fixed installation owner”, for a fixed installation, means — ( a ) where the fixed installation is part of any common property of a housing estate of the Housing and Development Board — (i) the Town Council established under the Town Councils Act 1988 * with the duty to maintain that common property in that housing estate; or (ii) where there is no such Town Council — the Board; ( b ) where the fixed installation is part of any common property or limited common property comprised in a strata title plan — the management corporation or subsidiary management corporation having control of the common property or limited common property (as the case may be) or the person receiving any rent or charge for the maintenance and management of that common property or limited common property, as the case may be; ( c ) where the fixed installation is part of any common property not comprised in a strata title plan and is not described in paragraph ( a ) or ( c ) — the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 * as the owner of the common property or a mortgagee in possession; ( d ) where the fixed installation is comprised in a lot of a subdivided building (whether or not in a strata title plan) and is not part of any common property — any person who is the registered proprietor or registered subsidiary proprietor (as the case may be) in the land-register under the Land Titles Act 1993 * of the fee simple, estate in perpetuity or leasehold estate of that lot; ( e ) where the fixed installation is not in a subdivided building and is not part of any common property but is installed or operated in, or in connection with, a building — the owner of that building; or ( f ) in any other case — a person with a legal or beneficial interest in the fixed installation and who is prescribed in building regulations for that fixed installation or class of fixed installations to which that installation belongs, but excludes a supplier (or an agent of a supplier) of a fixed installation who, by reason only of a contract for the sale or installation of the fixed installation, retains the ownership of the fixed installation pending any payment of the price or other consideration for that sale or installation; [Act 12 of 2020 wef 01/01/2022] “fixed installation works” means — ( a ) the installation of any fixed installation; ( b ) the carrying out of such major alteration or replacement works as may be prescribed in respect of any fixed installation; or ( c ) the testing and commissioning, following the completion of any works mentioned in paragraph ( a ) or ( b ), of any fixed installation; [Act 12 of 2020 wef 01/01/2022] “flat” has the meaning given by the Land Titles (Strata) Act 1967; “general builder’s licence” means a licence granted under Part 5A * authorising the person granted the licence to carry on the business of a general builder, but excludes such a licence when it is not in force; [Act 12 of 2020 wef 15/06/2024] “general building works” means any building works other than specialist building works; “geotechnical aspects”, in relation to any geotechnical building works, means — ( a ) an analysis of the geological structure and earth materials of the site of the geotechnical building works and its influence on the geotechnical building works; ( b ) an analysis of the ground water regime and its influence on the wall stability and integrity of the geotechnical building works over time; and ( c ) such other applications of earth sciences to and engineering aspects of the geotechnical building works as may be prescribed; “geotechnical building works” means any of the following building works: ( a ) any excavation or other building works to make — (i) a tunnel with a diameter, width or height of more than 2 metres; or (ii) a caisson, cofferdam, trench, ditch, shaft or well with a depth of more than 6 metres; ( b ) any building works for constructing, altering or repairing any earth retaining structure in or for a trench, ditch, shaft or well with a depth or height of more than 6 metres; ( c ) any earthworks or other building works for constructing or stabilising a slope with a height of more than 6 metres (measured as the vertical distance between the highest level and lowest level of the slope); ( d ) any type of foundation works that the Minister may prescribe in the building regulations for buildings of 30 storeys or more; “geotechnical engineer” means a professional engineer who is registered under the Professional Engineers Act 1991 as a specialist professional engineer in the specialised branch of geotechnical engineering; “grant” or “granted”, in relation to a general builder’s licence or a specialist builder’s licence, includes grant or granted on renewal of the licence; [Act 12 of 2020 wef 15/06/2024] “Housing and Development Board” means the Housing and Development Board established under section 3 of the Housing and Development Act 1959; “immediate supervision”, in relation to any building works or part thereof, means personally and directly exercising oversight, control and inspection of the carrying out of the building works or part thereof; “insignificant building works” means any building works that are prescribed under section 4( d ); “key structural elements” means the foundations, columns, beams, shear cores, structural walls, struts, ground anchors and any other parts of a building which are essential for its support and overall structural stability; “large building works” means any building works that are prescribed for the purposes of section 7(1)( b ); “licensed general builder” means a person to whom a general builder’s licence is granted but excludes the person when the general builder’s licence is not in force; [Act 12 of 2020 wef 09/12/2022] “licensed specialist builder”, for any specialist building works, means a person to whom a specialist builder’s licence is granted in respect of those specialist building works but excludes the person when that specialist builder’s licence is not in force; [Act 12 of 2020 wef 09/12/2022] “lift” means a machine‑powered installation that — ( a ) is, or is intended to be, installed in or attached to a building or part of a building or without being attached to any building; ( b ) is designed for raising or lowering people, or people and things in combination; and ( c ) has a car, cage or platform, the direction or movement of which is substantially vertical and restricted by a guide or guides, and includes any supporting structure, machinery, equipment, apparatus and enclosure used or designed for use for operating a lift, but does not include a mechanised car parking system; [Act 12 of 2020 wef 09/12/2022] “limited common property” has the meaning given by the Building (Strata Management) Act 2004 * ; [Act 12 of 2020 wef 01/10/2025] “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “lodgment” means a lodg


document_id: bca-1989
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Authorised officers
content:
3. —(1) The Minister may appoint any person or persons that the Minister thinks fit to be the Commissioner of Building Control responsible for the operation of this Act, either generally or for any particular Part or provision of this Act or for any particular regulations made under this Act, and may in the notification specify the extent of and manner in which that responsibility is to be exercised. [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The Commissioner of Building Control may generally or specially authorise, by name or office, any of the following persons to exercise or carry out, subject to such conditions or limitations as the Commissioner of Building Control may specify by directions, all or any of the powers conferred or duties imposed on the Commissioner of Building Control under this Act: ( a ) any public officer; ( b ) any officer of the Building and Construction Authority; ( c ) any officer of such other public authority constituted by any written law as the Minister may approve for this purpose. [2/2012] (3) Any person who is authorised under subsection (2) to exercise any power or carry out any duty of the Commissioner of Building Control under this Act — ( a ) must, when exercising that power or carrying out that duty, comply with the directions of the Commissioner of Building Control; ( b ) is deemed to be a public servant for the purposes of the Penal Code 1871; and ( c ) if the person is an officer mentioned in subsection (2)( b ) or ( c ), is deemed to be a public officer for the purposes of this Act. [2/2012]


document_id: bca-1989
provision_ref: s4
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 4
title: Application to building works
content:
4. —(1) Except as otherwise expressly provided, this Part applies to all building works except — ( a ) building works for a temporary building or the occupation of any such building; ( b ) [ Deleted by Act 12 of 2020 wef 01/10/2025 ] ( c ) building works that are exempted under section 30, or are in relation to a building that is so exempted; and ( d ) building works that are prescribed in the building regulations to be insignificant building works. [47/2007] [Act 12 of 2020 wef 01/10/2025] (2) Except as provided in subsection (1), the provisions in this Part and the building regulations made for the purposes of this Part (so far as relevant) apply to and in relation to fixed installation works as if the fixed installation works are building works with the prescribed exceptions, modifications and adaptations in the building regulations as the differences between fixed installation works and other building works require. [Act 12 of 2020 wef 01/10/2025] Division 2 &#x2014; Building plan approvals and permits


document_id: bca-1989
provision_ref: s5
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 5
title: Application for approval of plans of building works
content:
5. —(1) An application for approval of the plans of any building works must be made to the Commissioner of Building Control by the developer of those building works. [47/2007] (2) An application for approval of the plans of any building works must be accompanied by — ( a ) the application fee prescribed, if any; ( b ) the names and particulars of — (i) the appropriate qualified person whom the developer of or the builder (being either a licensed general builder or licensed specialist builder) undertaking the building works has appointed to prepare the plans of those building works; and [Act 12 of 2020 wef 15/06/2024] (ii) where the building works comprise wholly or partly of any geotechnical building works, the geotechnical engineer whom the developer of or the builder (being either a licensed general builder or licensed specialist builder) undertaking the building works has appointed to prepare the plans relating to the geotechnical aspects of those geotechnical building works; [Act 12 of 2020 wef 15/06/2024] ( c ) the plans of the building works prepared in accordance with this Act and the building regulations; [Act 12 of 2020 wef 15/06/2024] ( d ) in the case of major building works, a certificate from the following accredited checkers: (i) a certificate by an accredited checker stating that he or she has checked the plans relating to those building works and that, to the best of his or her knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those building works; and (ii) where the building works comprise wholly or partly of any geotechnical building works, another certificate by a specialist accredited checker (who may or may not be the same accredited checker mentioned in sub‑paragraph (i)) stating that the specialist accredited checker has checked the geotechnical aspects of those geotechnical building works and that, to the best of his or her knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those geotechnical building works; ( e ) the certificate (in the form prescribed) signed by the qualified person appointed to prepare the plans of those building works, certifying that he prepared those plans; and ( f ) any other documents that may be prescribed in the building regulations. [47/2007; 22/2012] (3) Upon receiving an application under subsection (1) for the approval of plans of any building works, the Commissioner of Building Control must consider the application and may — ( a ) approve any one or more of the plans submitted to the Commissioner of Building Control, with or without conditions; ( b ) direct the developer (in writing) to comply with any requirements that the Commissioner of Building Control may specify for the purpose of ensuring that all or any of the plans submitted to him or her comply with the provisions of this Act and the building regulations and to re-submit those plans for his or her approval, within the period specified in the direction; or ( c ) disapprove any one or more of the plans submitted to him or her. [47/2007] (4) If the direction given by the Commissioner of Building Control under subsection (3)( b ) is not complied with within the period specified in that direction, the application for approval of those plans is, at the end of that period, deemed to be disapproved by the Commissioner of Building Control. [47/2007] [Act 12 of 2020 wef 15/06/2024] (5) The Commissioner of Building Control may, without checking the plans and design calculations of any building works, approve those plans on the basis of — ( a ) where the plans relate to any major building works or geotechnical building works, the certificate of an accredited checker or specialist accredited checker or both (as the case may be) certifying that — (i) the accredited checker has checked the plans relating to the major building works and that, to the best of the accredited checker’s knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those major building works; and (ii) where the building works comprise wholly or partly of any geotechnical building works, the specialist accredited checker has checked the geotechnical aspects of the geotechnical building works and that, to the best of the specialist accredited checker’s knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those geotechnical building works; or ( b ) in any other case, the certificate (in the form prescribed) signed by the qualified person appointed to prepare the plans of those building works, certifying that the qualified person prepared those plans. [47/2007; 22/2012] (6) Despite subsection (5), the Commissioner of Building Control may carry out random checks on any of the detailed structural plans, design calculations or geotechnical aspects of any building works before approving those plans under that subsection. [47/2007]


document_id: bca-1989
provision_ref: s5A
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 5A
title: Deviations from approved building plans
content:
5A. —(1) Where the plans of any building works or proposed building works have been approved by the Commissioner of Building Control under section 5(3)( a ) and the developer of the building works intends to depart or deviate from the plans approved, the developer must apply to the Commissioner of Building Control for his or her approval of the amended plans showing the proposed departure or deviation. [47/2007] (2) An application under subsection (1) must be accompanied by — ( a ) the amended plans of the building works prepared in accordance with the building regulations by the appropriate qualified person mentioned in section 5(2)( b )(i) or (ii) or both, as the case may be; ( aa ) the names and prescribed particulars of — (i) the appropriate qualified person whom the developer or builder of the building works has appointed to prepare the amended plans; and (ii) where the building works comprise wholly or partly any geotechnical building works, the geotechnical engineer whom the developer or builder of the building works has appointed to prepare the amended plans relating to the geotechnical aspects of those geotechnical building works; [Act 23 of 2023 wef 18/12/2023] ( b ) in the case of major building works, a certificate from the following accredited checkers: (i) a certificate by an accredited checker stating that he or she has checked the amended plans relating to those building works and that, to the best of the accredited checker’s knowledge and belief, the amended plans so checked do not show any inadequacy in the key structural elements of the building to be erected or affected by those building works; and (ii) where the building works comprise wholly or partly of any geotechnical building works, a certificate by a specialist accredited checker (who may or may not be the same accredited checker mentioned in sub‑paragraph (i)) stating that the specialist accredited checker has checked the amended geotechnical aspects of the geotechnical building works and that, to the best of the specialist accredited checker’s knowledge and belief, there is no inadequacy in the geotechnical aspects relating to those geotechnical building works; [Act 23 of 2023 wef 18/12/2023] ( c ) the certificate (in the form prescribed) signed by the qualified person appointed to prepare the amended plans of those building works, certifying that the qualified person prepared those amended plans; and [47/2007; 22/2012] [Act 23 of 2023 wef 18/12/2023] ( d ) any other documents prescribed in the building regulations. [Act 23 of 2023 wef 18/12/2023] (3) The first approval granted under section 5 of any plans of building works ends and is superseded to the extent that the amended plans relating to those same building works are approved under this section (whether or not the approval also relates to other building works). [47/2007]


document_id: bca-1989
provision_ref: s5AA
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 5AA
title: Plans of lodgment works deemed approved
content:
5AA. —(1) Despite section 5, the plans of any lodgment works are deemed approved by the Commissioner of Building Control, if all of the conditions in subsection (2) are satisfied. (2) The conditions mentioned in subsection (1) are as follows: ( a ) the developer of the lodgment works has lodged the plans of the lodgment works, together with the prescribed lodgment fee (if any) and information and documents prescribed under subsection (7)( b ), with the Commissioner of Building Control; ( b ) the plans comply with all prescribed requirements in this Act and the building regulations that are applicable to such plans; ( c ) the developer has obtained a written acknowledgment of the lodgment from the Commissioner of Building Control. (3) The Commissioner of Building Control may issue a written acknowledgment to the developer without checking the plans and design calculations of the lodgment works, on the basis of the information and documents prescribed under subsection (7)( b ) that are submitted with the plans. (4) To avoid doubt, the written acknowledgment is only evidence that the plans of the lodgment works have been lodged with the Commissioner of Building Control, and is not evidence that the plans comply with the prescribed requirements mentioned in subsection (2)( b ). (5) Without affecting subsection (3), if the Commissioner of Building Control is of the view that the plans of the lodgment works lodged with him or her do not comply with any prescribed requirement mentioned in subsection (2)( b ), he or she may — ( a ) refuse to accept any further lodgment of the plans of those lodgment works; and ( b ) direct the developer of the lodgment works to apply under section 5 for approval of the plans instead. (6) Nothing in this section prevents a developer from applying under section 5 for approval of the plans of any lodgment works, instead of lodging the plans of those works with the Commissioner of Building Control under this section. (7) The building regulations may — ( a ) prescribe as lodgment works any class of building works that have been assessed as suitable to be so prescribed because they are less complex building works; and ( b ) prescribe the matters to be submitted with the plans for lodgment works (including any amended plans), including but not limited to — (i) the lodgment fee, if any; (ii) the information or documents to be submitted with the plans or amended plans; (iii) the timelines for making the plans or amended plans; and (iv) the requirements that the plans or amended plans of the lodgment works must comply with. [Act 23 of 2023 wef 18/12/2023]


document_id: bca-1989
provision_ref: s5AB
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 5AB
title: Deviations from lodged building plans
content:
5AB. —(1) Where the plans of any lodgment works are deemed approved under section 5AA and the developer of the lodgment works intends to depart or deviate from the plans, then — ( a ) if the departure or deviation results in the building works no longer being lodgment works, the developer must apply under section 5 for approval of the plans of the proposed departure or deviation; or ( b ) if paragraph ( a ) does not apply, the developer must — (i) comply with the conditions in section 5AA(2) in relation to the amended plans, and section 5AA applies accordingly in relation to such plans; or (ii) apply under section 5 for approval of the plans of the proposed departure or deviation. (2) The first deemed approval under section 5AA of the plans of any lodgment works ends and is superseded to the extent that the plans of the proposed departure or deviation relating to those lodgment works are approved or deemed approved by the Commissioner of Building Control under section 5 or 5AA, as the case may be. [Act 23 of 2023 wef 18/12/2023]


document_id: bca-1989
provision_ref: s5B
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 5B
title: Lapsing or revocation of building plans approval
content:
5B. —(1) Any approval granted under section 5 or 5A, or deemed approval under section 5AA, in respect of any building works automatically lapses — ( a ) when any written permission mentioned in section 12 of the Planning Act 1998 that has been granted in respect of any development of land involving the building works lapses pursuant to section 20 of that Act; ( b ) if no such written permission has been granted in respect of those building works, at the end of a continuous period of 6 months during which the building works are suspended; or ( c ) if the building works do not start within the period prescribed in the building regulations. [47/2007] [Act 23 of 2023 wef 18/12/2023] (2) The Commissioner of Building Control may, at any time, revoke any approval granted in respect of any building works under section 5 or 5A if he or she is satisfied that any information given in the application for approval or any document submitted to the Commissioner of Building Control in connection with the application for approval is false in a material particular. [47/2007] (3) Where the Commissioner of Building Control has under subsection (2) revoked any approval granted under section 5 or 5A in respect of any plans of building works, any permit, certificate of statutory completion and temporary occupation permit granted in respect of those building works also automatically lapses. [47/2007]


document_id: bca-1989
provision_ref: s6
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 6
title: Permit to carry out structural works
content:
6. —(1) Subject to the provisions of this Act, an application for a permit to carry out structural works in any building works may be made at any time to the Commissioner of Building Control by — ( a ) the developer of those building works; ( b ) the builder (who is either a licensed general builder or licensed specialist builder) whom the developer has appointed in respect of those building works; and [Act 12 of 2020 wef 15/06/2024] ( c ) the qualified person whom the developer or builder in paragraph ( b ) has appointed under section 8 or 11 to supervise those building works. [47/2007] [Act 12 of 2020 wef 15/06/2024] (2) An application for a permit to carry out structural works in any building works must be accompanied by — ( a ) a notification, signed by the developer of the building works, stating the date on which those building works are to start; ( b ) the names and particulars of — (i) the qualified person appointed under section 8 or 11 to supervise the carrying out of those building works; and (ii) where the building works comprise wholly or partly of any geotechnical building works, the geotechnical engineer who is appointed under section 8 or 11 to supervise the geotechnical aspects of those geotechnical building works; ( c ) the following documents signed by the builder undertaking those building works, who is either a licensed general builder or licensed specialist builder: (i) an acceptance of the builder’s appointment in respect of the structural works; and (ii) an undertaking of responsibility for strict compliance with the provisions of this Act and the building regulations; [Act 12 of 2020 wef 15/06/2024] ( d ) the following documents signed by the qualified person or persons mentioned in paragraph ( b ): (i) a confirmation of his or her appointment in respect of the building works; and (ii) a notice of the names and particulars of the site supervisor, or all members of the team of site supervisors, he or she has appointed in respect of the structural works in accordance with section 10(1) or (2); and ( e ) any other documents that the Commissioner of Building Control may require. [47/2007; 22/2012] (3) The Commissioner of Building Control may, on an application made under subsection (1), grant a permit to carry out structural works in any building works jointly to — ( a ) the developer of those building works; ( b ) the builder whom the developer has appointed in respect of those building works if the builder is a licensed general builder or licensed specialist builder, as the case may be; and [Act 12 of 2020 wef 15/06/2024] ( c ) the qualified person whom the developer or builder in paragraph ( b ) has appointed under section 8 or 11 to supervise those building works, subject to any terms and conditions that the Commissioner of Building Control thinks fit to impose. [47/2007] [Act 12 of 2020 wef 15/06/2024] (4) The Commissioner of Building Control may revoke a permit to carry out any structural works if the structural works, if started, are suspended for a continuous period of more than 3 months. [47/2007] (5) Any permit to carry out structural works in any building works granted under this section is not transferable, and automatically lapses if any of the following permit holders ceases to be: ( a ) the developer of those building works; ( b ) the builder whom the developer has appointed in respect of those building works; or ( c ) the qualified person whom the developer or builder in paragraph ( b ) has appointed under section 8 or 11 to supervise those building works. [47/2007] [Act 12 of 2020 wef 15/06/2024] (6) In addition to subsection (5)( b ), a permit to carry out structural works in any building works that is granted to a builder who is a licensed general builder or a licensed specialist builder automatically lapses if — ( a ) any of the following licences of the builder ceases to be in force: (i) the general builder’s licence; (ii) the specialist builder’s licence relating to those structural works; and ( b ) the Commissioner of Building Control does not waive the application of this subsection in the particular case. [Act 12 of 2020 wef 15/06/2024]


document_id: bca-1989
provision_ref: s6A
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 6A
title: Modification or waiver of building regulations
content:
6A. —(1) The Commissioner of Building Control may, on receipt of an application in relation to any particular building works, advertisements, signboards or skysigns, modify or waive, subject to any terms and conditions that he or she may impose, any of the requirements of the building regulations. [47/2007] (2) Every application under subsection (1) must — ( a ) be made to the Commissioner of Building Control by or on behalf of the developer of the building works, advertisements, signboards or skysigns; ( b ) be in such form as the Commissioner of Building Control may require; ( c ) state the nature and extent of and the reasons for the proposed modification or waiver of those requirements; and ( d ) be accompanied by any plans and other particulars that may be prescribed in the building regulations. [47/2007] Division 3 &#x2014; Building works


document_id: bca-1989
provision_ref: s7
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 7
title: Supervision of building works
content:
7. —(1) Except as otherwise provided in this Act or the building regulations — ( a ) all building works must be carried out under the supervision of an appropriate qualified person; ( b ) the structural elements of all such building works as are prescribed in the building regulations (called in this Act large building works) must be carried out under the full‑time supervision of a site supervisor, or a team of site supervisors, working under an appropriate qualified person’s control and direction; and ( c ) concreting, piling, pre-stressing, tightening of high-friction grip bolts, the construction of earth retaining and stabilising structures, or other critical structural works of all such building works as are prescribed in the building regulations (called in this Act small-scale building works) must be carried out under the immediate supervision of — (i) an appropriate qualified person; or (ii) a site supervisor, or a team of site supervisors, working under an appropriate qualified person’s control and direction. [47/2007; 22/2012] (2) Except as otherwise provided in this Act or the building regulations, a person must not commence or carry out the geotechnical aspects of any geotechnical building works except — ( a ) under the supervision of the qualified person appointed under section 8(1)( d )(ii) or 11(1)( d )(ii) or (iii)(B); or ( b ) under the full-time supervision of a site supervisor or a team of site supervisors appointed under section 10 by the qualified person in paragraph ( a ) and working under his or her control and direction. [47/2007; 22/2012] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in respect 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 further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007]


document_id: bca-1989
provision_ref: s7A
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 7A
title: Tests of and in connection with building works
content:
7A. —(1) Subject to subsection (3), the qualified person appointed to supervise the carrying out of any building works must carry out or cause to be carried out any tests of or in connection with the building works that may be prescribed in the building regulations or required by the Commissioner of Building Control. [47/2007] (2) Any tests prescribed, or required to be carried out, under subsection (1) must be carried out in the manner and at the places and times that may be prescribed in the building regulations. [47/2007] (3) The Commissioner of Building Control may, on an application in relation to any particular building works, give a direction waiving the operation of subsection (1) in relation to those building works if the Commissioner of Building Control is satisfied that the operation of that subsection in relation to that particular case would be unreasonable. [47/2007] (4) An application under subsection (3) must be accompanied by any particulars that may be prescribed in the building regulations. [47/2007] (5) If a qualified person fails to comply with subsection (1), the Commissioner of Building Control may, by written order served on the qualified person, every site supervisor, and the builder and specialist builder (if any) of the building works (being licensed under Part 5A * ) and the developer, require the building works to cease until the order is withdrawn. [47/2007] [Act 12 of 2020 wef 15/06/2024] [*Updated to be consistent with the 2020 Revised Edition] (6) Without affecting the right of the Commissioner of Building Control to exercise his or her power under subsection (5), any qualified person 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 respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement, and if the failure to comply continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction. [47/2007] (7) If any person on whom an order made under subsection (5) is served fails to comply with the order, the person 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 respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day the person fails to comply with the requirement, and if the failure to comply 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 further fine not exceeding $1,000 for every day or part of a day during which the failure to comply continues after conviction. [47/2007] Division 4 &#x2014; Duties of developers, qualified persons,
site supervisors and builders


document_id: bca-1989
provision_ref: s8
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 8
title: Duties of developers
content:
8. —(1) Subject to the provisions of this Act, every developer of building works must appoint — ( a ) an appropriate qualified person to prepare the plans of the building works in accordance with this Act if no such person is appointed by the builder in paragraph ( c ); ( b ) an appropriate qualified person to supervise the carrying out of those building works if no such person is appointed by the builder in paragraph ( c ); ( c ) a builder who is licensed under Part 5A * to carry out those building works; [Act 12 of 2020 wef 15/06/2024] [*Updated to be consistent with the 2020 Revised Edition] ( d ) where the building works comprise wholly or partly of any geotechnical building works and if the builder in paragraph ( c ) does not appoint any of the following: (i) a qualified person who is a geotechnical engineer to prepare the plans relating to the geotechnical aspects of the building works, who may or may not be the same qualified person mentioned in paragraph ( a ); and (ii) a qualified person who is a geotechnical engineer to supervise the geotechnical aspects of those building works, who may or may not be the same qualified person mentioned in paragraph ( b ); ( e ) in respect of the detailed structural plans and design calculations of major building works — (i) an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation, if the value of the building works exceeds the prescribed limit in the building regulations; or (ii) an accredited checker (whether or not a director, partner, member or an employee of an accredited checking organisation), if the value of the building works does not exceed the prescribed limit mentioned in sub‑paragraph (i); and ( f ) where the building works comprise wholly or partly of any geotechnical building works — (i) a specialist accredited checker in respect of the geotechnical aspects of those building works; and (ii) in addition to appointing a builder under paragraph ( c ), a licensed specialist builder to monitor instruments measuring pore pressures for saturated and unsaturated levels, ground water levels, ground movements or building movements and to measure forces, deformations or displacements. [47/2007; 22/2012] [Act 12 of 2020 wef 15/06/2024] (1A) The developer of any building works must notify the Commissioner of Building Control of every appointment it makes under subsection (1)( c ) and ( f )(ii) (if any) within 14 days after making that appointment. [Act 12 of 2020 wef 15/06/2024] (2) If any qualified person, builder, licensed specialist builder, accredited checker or specialist accredited checker appointed under subsection (1) in respect of building works becomes unwilling to act or unable, whether by reason of the termination of his, her or its appointment or for any other reason, to carry out his, her or its respective duties under this Act, the developer must — ( a ) without delay appoint under subsection (1) another qualified person, builder, licensed specialist builder, accredited checker or specialist accredited checker (as the case may be) in his, her or its place; and [Act 12 of 2020 wef 15/06/2024] ( b ) within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment. [47/2007] [Act 12 of 2020 wef 15/06/2024] (3) The developer of any building works must notify the Commissioner of Building Control of any contravention of this Act or the building regulations relating to those building works of which the developer knows or ought reasonably to know. [47/2007] (4) Any developer of building works who, without reasonable excuse, fails to comply with subsection (1A) or (2)( b ) shall be guilty of an offence. [47/2007] [Act 12 of 2020 wef 15/06/2024] (5) Any developer who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [47/2007] (6) It is a defence in any prosecution for a contravention of subsection (3) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention mentioned in the charge. [47/2007]


document_id: bca-1989
provision_ref: s9
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 9
title: Duties of qualified persons and specialists
content:
9. —(1) Every qualified person who is appointed under section 8 or 11 to prepare the plans of any building works must — ( a ) take all reasonable steps and exercise due diligence to ensure that the building works are designed in accordance with — (i) the provisions of this Act; and (ii) subject to section 6A, the requirements prescribed in the building regulations; ( b ) notify the Commissioner of Building Control of any contravention of this Act or the building regulations in relation to those building works of which the qualified person knows or ought reasonably to know; and ( c ) supply a copy of every plan of the building works approved or deemed approved by the Commissioner of Building Control to — (i) the site supervisor or the team of site supervisors (as the case may be) appointed under section 10; (ii) the builder of those building works; and (iii) the qualified person appointed under section 8 or 11 to supervise those building works. [47/2007; 22/2012] [Act 23 of 2023 wef 18/12/2023] (2) For the purpose of subsection (1)( a ) — ( a ) the plans of any building works that are prepared in accordance with the acceptable solutions as set out in the Approved Document issued by the Commissioner of Building Control in respect of such building works are deemed to comply with the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; and ( b ) where the qualified person appointed to prepare the plans of any building works intends to utilise any alternative solution (that is to say, a solution that entails the use of any design, material or construction method that differs completely or partially from those in the acceptable solution), the qualified person must — (i) take all reasonable steps and exercise due diligence to ensure that the alternative solution satisfies the objectives and performance requirements that are prescribed by the building regulations in respect of such building works; or (ii) obtain the certification of another person who has such requisite specialist knowledge or qualification in the application of the alternative solution as the Commissioner of Building Control may approve (called in this section a specialist in the alternative solution), that the alternative solution satisfies the objectives and performance requirements prescribed by the building regulations in respect of such building works. [47/2007; 2/2012; 22/2012] (3) A specialist in the alternative solution must not issue any certification for the purposes of subsection (2)( b )(ii) unless the specialist in the alternative solution 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 the objectives and performance requirements that are prescribed by the building regulations in respect of the building works for which the alternative solution is to be applied. [47/2007; 22/2012] (4) Every qualified person who is appointed under section 8 or 11 to supervise the carrying out of any building works, or the geotechnical aspects of any geotechnical building works, must — ( a ) take all reasonable steps and exercise due diligence in supervising and inspecting the building works or geotechnical building works (as the case may be) to ensure that those building works are being carried out in accordance with — (i) the provisions of this Act; (ii) subject to section 6A, the building regulations; (iii) the relevant plans approved or deemed approved by the Commissioner of Building Control; and [Act 23 of 2023 wef 18/12/2023] (iv) any terms and conditions imposed by the Commissioner of Building Control; ( b ) in the absence of a site supervisor, take all reasonable steps and exercise due diligence in giving immediate supervision to the carrying out of concreting, piling, pre‑stressing, tightening of high‑friction grip bolts or other critical structural works of the building works to ensure that those critical structural works of the building works are being carried out in accordance with — (i) the provisions of this Act; (ii) subject to section 6A, the building regulations; (iii) the relevant plans approved or deemed approved by the Commissioner of Building Control; and [Act 23 of 2023 wef 18/12/2023] (iv) any terms and conditions imposed by the Commissioner of Building Control; ( c ) notify the Commissioner of Building Control of any contravention of this Act or the building regulations in relation to those building works of which the qualified person knows or ought reasonably to know; ( d ) keep and maintain at the premises on which building works are carried out such documents, books and records as may be prescribed in the building regulations; ( e ) submit to the Commissioner of Building Control at the prescribed times such reports and certificates as may be prescribed in the building regulations; and ( f ) notify the Commissioner of Building Control if the building works have been suspended for a period of more than 3 months. [47/2007; 22/2012] (5) If any qualified person who is appointed under section 8 or 11 — ( a ) to prepare the plans of any building works; or ( b ) to supervise the carrying out of any building works, or the geotechnical aspects of any geotechnical building works, 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 this Act, the qualified person must, within 14 days of ceasing to carry out his or her duties, notify the Commissioner of Building Control and the builder of those building works of that fact. [47/2007; 22/2012] (6) If any site supervisor appointed under section 10 in respect of any building works 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 section 10(5), the qualified person appointed under section 8 or 11 to supervise the carrying out of the building works must — ( a ) appoint another site supervisor in his or her place; and ( b ) within 7 days thereafter, notify the Commissioner of Building Control of that substitute appointment. [47/2007] (7) A qualified person who is appointed under section 8 or 11 to supervise the carrying out of any building works, or the geotechnical aspects of any geotechnical building works, must not supervise — ( a ) any works relating to the structural elements of any major building works; or ( b ) the geotechnical aspects of the geotechnical building works, if the qualified person, or any nominee of the qualified person, is a partner, an officer or an employee of — ( c ) the developer of those building works; ( d ) the builder of those building works; or ( e ) an associate of the developer or builder mentioned in paragraph ( c ) or ( d ). [47/2007; 22/2012] (8) If any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (1)( a ) or (2)( b ), the qualified person shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement, and if the contravention continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007; 22/2012] (8A) If any specialist in the alternative solution mentioned in subsection (2)( b )(ii) contravenes subsection (3), the specialist in the alternative solution 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. [22/2012] (9) If any qualified person appointed under section 8 or 11 contravenes subsection (4)( a ) or ( b ), the qualified person 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 contravention, to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement, and if the contravention continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007] (10) If — ( a ) any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (1)( b ); or ( b ) any qualified person appointed under section 8 or 11 contravenes subsection (4)( c ), ( d ) or ( e ) or (7), the qualified person shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( d ) in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the qualified person contravenes subsection (1)( b ) or (4)( c ), ( d ) or ( e ), as the case may be, and if the contravention continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007] (11) If — ( a ) any qualified person appointed under section 8 or 11 to prepare the plans of any building works contravenes subsection (5); or ( b ) any qualified person appointed under section 8 or 11 contravenes subsection (4)( f ) or (5), the qualified person shall be guilty of an offence. [47/2007] (12) It is a defence in any prosecution for a contravention of subsection (1)( b ) or (4)( c ) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention mentioned in the charge. [47/2007]


document_id: bca-1989
provision_ref: s10
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 10
title: Duties of site supervisors
content:
10. —(1) The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any large building works must appoint the following site supervisors in respect of the structural elements of the large building works: ( a ) a team of site supervisors comprising not less than any number of persons that may be prescribed in relation to the value of those large building works; or ( b ) at least one site supervisor, in any other case. [47/2007] (2) The appropriate qualified person appointed under section 8 or 11 to supervise the carrying out of any small‑scale building works must appoint at least one site supervisor, in respect of the critical structural elements of the small‑scale building works. [47/2007] (3) A person must not be appointed under this section as a site supervisor in respect of any building works for the purposes of this Act unless — ( a ) he or she possesses the initial practical experience and qualifications prescribed; and ( b ) he or she remains accredited with the Building and Construction Authority or a prescribed organisation. [47/2007] (4) A site supervisor must not supervise any structural works of any major building works if the site supervisor, or any nominee of the site supervisor, is a partner, an officer or an employee of — ( a ) the developer or builder of those building works; or ( b ) any associate of the developer or builder of those building works. [47/2007] (5) Every site supervisor appointed under this section in respect of any building works must take all reasonable steps and exercise due diligence in giving — ( a ) in the case of large building works — full‑time supervision to the carrying out of the structural elements of the building works; and ( b ) in the case of small-scale building works — immediate supervision to the carrying out of the critical structural elements of the building works, to ensure that the structural elements or critical structural elements (as the case may be) of the building works in question are carried out in accordance with the plans of the building works supplied to him or her in accordance with section 9(1)( c ) by a qualified person, and with any terms and conditions imposed by the Commissioner of Building Control. [47/2007] (6) If a site supervisor appointed in respect of any building works 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), the site supervisor must, within 7 days of ceasing to carry out those duties, notify the Commissioner of Building Control of that fact. [47/2007] (7) Any site supervisor who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. [47/2007] (8) Any site supervisor who contravenes subsection (5) 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 contravention, to an additional fine not exceeding $1,000 for each day or part of a day the site supervisor fails to comply with the requirement, and if the contravention continues after the conviction, the site supervisor shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007] (9) Any site supervisor or qualified person who, without reasonable excuse, contravenes subsection (6) shall be guilty of an offence. [47/2007]


document_id: bca-1989
provision_ref: s11
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 11
title: Duties of builders
content:
11. —(1) A builder undertaking any building works must — ( a ) ensure that the building works are carried out in accordance with — (i) the provisions of this Act; (ii) subject to section 6A, the building regulations; (iii) the relevant plans approved or deemed approved by the Commissioner of Building Control and supplied to the builder by a qualified person under section 9(1)( c ); and [Act 23 of 2023 wef 18/12/2023] (iv) any terms and conditions imposed by the Commissioner of Building Control in accordance with the provisions of this Act and, subject to section 6A, the building regulations; ( b ) notify the Commissioner of Building Control of any contravention of this Act or the building regulations relating to those building works of which the builder knows or ought reasonably to know; ( c ) keep at the premises on which the building works are carried out, and make available on request (at a reasonable time) by any licensed specialist builder appointed in respect of specialist building works comprised in those same building works, all plans of those building works approved or deemed approved by the Commissioner of Building Control and supplied to the builder by a qualified person under section 9(1)( c ); [Act 23 of 2023 wef 18/12/2023] [Act 12 of 2020 wef 15/06/2024] ( d ) where no such qualified person has been appointed by the developer in respect of those building works, appoint — (i) an appropriate qualified person to prepare the plans of the building works; (ii) an appropriate qualified person to supervise the carrying out of those building works; and (iii) where the building works comprise wholly or partly of any geotechnical building works — (A) a geotechnical engineer (who may or may not be the same person mentioned in sub‑paragraph (i)) to prepare the plans relating to the geotechnical aspects of the geotechnical building works; and (B) a geotechnical engineer (who may or may not be the same person mentioned in sub‑paragraph (ii)) to supervise the geotechnical aspects of the geotechnical building works; ( e ) have an adequate number of construction supervisors working under the builder’s direction to assist the builder to ensure that paragraph ( a ) is complied with; ( f ) within 7 days of the completion of the building works, certify that the new building has been erected or the building works have been carried out in accordance with the provisions of this Act and, subject to section 6A, the building regulations and deliver that certificate to the Commissioner of Building Control; ( fa ) at all times before the completion of the building works the builder is undertaking, hold a licence under Part 5A * authorising the builder to carry out those building works; [Act 12 of 2020 wef 15/06/2024] [*Updated to be consistent with the 2020 Revised Edition] ( g ) no later than the 14th day after the appointment or termination of any licensed specialist builder (including the builder undertaking the building works) in respect of any specialist building works comprised in those building works, notify the Commissioner of Building Control of that appointment or termination, as the case may be; and [Act 12 of 2020 wef 15/06/2024] ( h ) comply with any other duties that may be prescribed in the building regulations. [47/2007; 22/2012] (2) A licensed specialist builder undertaking any specialist building works must — ( a ) ensure that the specialist building works are carried out in accordance with — (i) the provisions of this Act; (ii) subject to section 6A, the building regulations; (iii) the relevant plans approved or deemed approved by the Commissioner of Building Control; and [Act 23 of 2023 wef 18/12/2023] (iv) any terms and conditions imposed by the Commissioner of Building Control in accordance with the provisions of this Act and, subject to section 6A, the building regulations; ( aa ) no later than the 7th day after the completion of the specialist building works — (i) certify that the specialist building works have been carried out in accordance with paragraph ( a ); and (ii) submit the certificate in respect of the matters in sub-paragraph (i) to the Commissioner of Building Control; [Act 12 of 2020 wef 15/06/2024] ( b ) notify the Commissioner of Building Control of any contravention of this Act or the building regulations relating to those specialist building works, being a contravention which the licensed specialist builder knows or ought reasonably to know; and [Act 12 of 2020 wef 15/06/2024] ( c ) comply with any other duties that may be prescribed in the building regulations. [47/2007] [Act 12 of 2020 wef 15/06/2024] (3) Without limiting subsection (2), a licensed specialist builder who is appointed by the developer under section 8(1)( f )(ii) in respect of any building works must not carry out any work monitoring instruments measuring pore pressures for saturated and unsaturated levels, ground water levels, ground movements or building movements and to measure forces, deformations or displacements in connection with those building works if the licensed specialist builder, or any nominee of the licensed specialist builder, is a partner, an officer or an employee of — ( a ) the developer or builder of those building works; or ( b ) any associate of the developer or builder of those building works. [47/2007] [Act 12 of 2020 wef 15/06/2024] (4) If any builder or licensed specialist builder appointed under this section or section 8 in respect of building works becomes unwilling to act or unable, whether by reason of the termination of the builder’s or specialist builder’s appointment or for any other reason, to carry out the builder’s or specialist builder’s duties under subsection (1) or (2), the builder or licensed specialist builder (as the case may be) must, within 14 days of ceasing to carry out the builder’s or specialist builder’s duties, notify the Commissioner of Building Control of that fact. [47/2007] [Act 12 of 2020 wef 15/06/2024] (5) If any qualified person who is appointed under section 8 or this section — ( a ) to prepare the plans of any building works; or ( b ) to supervise any building works, 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 this Act, the builder and licensed specialist builder of those building works must cease or must not commence carrying out the building works until the developer or the builder appoints another appropriate qualified person in respect of those building works. [47/2007] [Act 12 of 2020 wef 15/06/2024] (6) A builder who contravenes subsection (1)( a ), or a licensed specialist builder who contravenes subsection (2)( a ) or (3) 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. [47/2007] [Act 12 of 2020 wef 15/06/2024] (7) If — ( a ) a builder contravenes subsection (1)( b ) or ( c ); or ( b ) a licensed specialist builder contravenes subsection (2)( b ), the builder or licensed specialist builder (as the case may be) shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( d ) in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the builder or licensed specialist builder contravenes subsection (1)( b ) or ( c ) or (2)( b ), and if the contravention continues after the conviction, the builder or licensed specialist builder (as the case may be) shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007] [Act 12 of 2020 wef 15/06/2024] (8) It is a defence in any prosecution for a contravention of subsection (1)( b ) or (2)( b ) for the builder or licensed specialist builder to prove to the satisfaction of the court that the builder or licensed specialist builder did not know nor could reasonably have discovered the contravention or non‑compliance mentioned in the charge. [47/2007] [Act 12 of 2020 wef 15/06/2024] (9) If — ( a ) a builder, without reasonable excuse, contravenes subsection (1)( d ), ( e ), ( f ), ( g ) or ( h ) or (4); or ( b ) a licensed specialist builder, without reasonable excuse, contravenes subsection (2)( aa ) or ( c ) or (4), the builder or licensed specialist builder (as the case may be) shall be guilty of an offence. [47/2007] [Act 12 of 2020 wef 15/06/2024] (10) Any builder or licensed specialist builder who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in respect 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 builder or licensed specialist builder (as the case may be) shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007] [Act 12 of 2020 wef 15/06/2024] (11) To avoid doubt — ( a ) a builder undertaking any building works is responsible for complying with subsection (1)( a ); and ( b ) a licensed specialist builder undertaking any specialist building works is responsible for complying with subsection (2)( a ), despite the builder or licensed specialist builder (as the case may be) entering into a contract or an arrangement with a sub-contractor to execute the whole or any part of those building works or specialist building works, as the case may be. [Act 12 of 2020 wef 15/06/2024] Division 5 &#x2014; Building occupancy


document_id: bca-1989
provision_ref: s12
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 12
title: Occupation of buildings
content:
12. —(1) Except as otherwise provided in this Act, a person must not occupy, or permit or cause to be occupied, any building where any building works have been carried out unless the Commissioner of Building Control has issued a certificate of statutory completion in respect of that building. [47/2007; 22/2012] (1A) An application for a certificate of statutory completion in respect of any building must be made to the Commissioner of Building Control in the prescribed manner and accompanied by any certificates or written approvals required to be obtained in respect of the building that may be prescribed. [22/2012] (2) Nothing in subsection (1) prohibits — ( a ) the occupation by any person of any building for the sole purpose of preventing any damage to the building or any theft of any property therein; or ( b ) the occupation by any person of any building in respect of which a temporary occupation permit has been granted. [47/2007; 22/2012] (2A) An application for a temporary occupation permit in respect of any building must be made to the Commissioner of Building Control in the prescribed manner and accompanied by any certificates or written approvals required to be obtained in respect of the building that may be prescribed. [22/2012] (3) The Commissioner of Building Control may, on an application in the prescribed manner in relation to any building, grant a temporary occupation permit in respect of the building subject to any written directions that the Commissioner of Building Control may specify and, in particular, those written directions may — ( a ) limit the period for which the temporary occupation permit is granted; ( b ) require any work or alteration to the building to be carried out that may be specified to the satisfaction of the Commissioner of Building Control; and ( c ) provide for the completion of the work or alteration before the expiration of a specified period. [47/2007] (4) A temporary occupation permit is only prima facie evidence that a building is suitable for occupation and is not to be taken to be evidence of compliance with the provisions of this Act, the building regulations or any other written law. [47/2007] (5) The Commissioner of Building Control may amend, suspend or, in the event of failure to comply with any written direction issued under subsection (3), revoke any temporary occupation permit. [47/2007] (6) Any person who contravenes subsection (1) or fails to comply with any written direction issued under subsection (3) 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 6 months or to both; and ( b ) in respect of a continuing contravention or failure to comply, to an additional fine not exceeding $1,000 for each day or part of a day the contravention or failure to comply continues, and if the contravention or failure to comply 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 further fine not exceeding $2,000 for every day or part of a day during which the contravention or failure to comply continues after conviction. [47/2007] Division 6 &#x2014; Accredited checkers


document_id: bca-1989
provision_ref: s13
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 13
title: Unlawful undertaking work as accredited checker, etc.
content:
13. —(1) Any person who — ( a ) undertakes work which is required by this Act or the building regulations to be performed by an accredited checker when the person is not an accredited checker under this Division or when the person’s registration as such is suspended; or ( b ) undertakes work which is required by this Act or the building regulations to be performed by a specialist accredited checker when the person is not a specialist accredited checker under this Division or when the person’s registration as such is suspended, shall be guilty of an offence. [47/2007] (2) Any person who undertakes any work on behalf of an organisation, being work which is required by this Act or the building regulations to be undertaken by an accredited checker who is either a director, partner, member or an employee of an accredited checking organisation when — ( a ) it is not registered as an accredited checking organisation under this Division; or ( b ) its registration as such is suspended, shall be guilty of an offence. [47/2007] (3) If — ( a ) an accredited checker undertakes work on the accredited checker’s own behalf as an accredited checker in relation to building works the value of which is more than — (i) $10 million, if no other sum is prescribed under paragraph ( b ); or (ii) any other sum that the Minister may, by notification in the Gazette , specify; or ( b ) a specialist accredited checker undertakes work on the specialist accredited checker’s own behalf as a specialist accredited checker in relation to building works the value of which is more than the sum specified by the Minister by notification in the Gazette , the accredited checker or specialist accredited checker (as the case may be) shall be guilty of an offence. [47/2007] (4) If an organisation which is not registered as an accredited checking organisation under this Division advertises or holds itself out or describes itself in any way to be an accredited checking organisation, that organisation shall be guilty of an offence. [47/2007]


document_id: bca-1989
provision_ref: s14
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 14
title: Register of accredited checkers, etc.
content:
14. —(1) The Commissioner of Building Control must keep and maintain the following registers: ( a ) a register of accredited checkers registered under section 16; ( b ) a register of specialist accredited checkers registered under section 16; and ( c ) a register of accredited checking organisations registered under section 16, in which must be entered the names and prescribed particulars of the persons and organisations so registered. [47/2007] (2) The absence of the name of any person or organisation from the registers kept under subsection (1) is prima facie evidence that — ( a ) in the case of the register of accredited checkers, that the person is not so registered or that the person’s registration has been suspended or cancelled; ( b ) in the case of the register of specialist accredited checkers, that the person is not so registered or that the person’s registration has been suspended or cancelled; and ( c ) in the case of the register of accredited checking organisations, that the organisation is not so registered or that its registration has been suspended or cancelled. [47/2007] (3) The registers mentioned in subsection (1) must be kept and maintained at the office of the Commissioner of Building Control and must be available for inspection by any person without charge during office hours. [47/2007]


document_id: bca-1989
provision_ref: s15
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 15
title: Who may be registered as accredited checker, etc., or accredited checking organisation
content:
15. —(1) Subject to the provisions of this Act, a person who applies to be registered, or to renew the person’s registration, as an accredited checker or as a specialist accredited checker (as the case may be) is eligible to be so registered or have the person’s registration so renewed if, and only if the person — ( a ) has paid the prescribed fee for the registration or renewal; ( b ) satisfies the Commissioner of Building Control that the person has the qualifications and the practical experience (whether in Singapore or elsewhere) prescribed for an accredited checker, or the specialist qualifications and the specialist practical experience (whether in Singapore or elsewhere) prescribed for a specialist accredited checker, as the case may be; and ( c ) satisfies any other requirements that may be prescribed for such registration or renewal. [47/2007] (2) Without limiting subsection (1), the Commissioner of Building Control may refuse to register, or to renew the registration of, a person as an accredited checker or as a specialist accredited checker if, in the opinion of the Commissioner of Building Control — ( a ) the person is not of good character and reputation; or ( b ) there are reasonable grounds for believing that the person will not carry out the duties of an accredited checker or a specialist accredited checker (as the case may be) in accordance with this Act or the building regulations. [47/2007] (3) Subject to the provisions of this Act, a partnership or corporation which applies to be registered, or to renew its registration, as an accredited checking organisation is eligible to be so registered or have its registration so renewed if, and only if — ( a ) it is — (i) a partnership consisting wholly of professional engineers registered under the Professional Engineers Act 1991 or which is licensed under that Act to supply professional engineering services in Singapore; or (ii) a corporation licensed under the Professional Engineers Act 1991 to supply professional engineering services in Singapore; and ( b ) it satisfies the Commissioner of Building Control that it meets any requirements that may be prescribed for such registration or renewal. [47/2007]


document_id: bca-1989
provision_ref: s16
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 16
title: Registration of accredited checkers, etc., or accredited checking organisations
content:
16. —(1) An application for registration, or to renew any registration, as — ( a ) an accredited checker; ( b ) a specialist accredited checker; or ( c ) an accredited checking organisation, must be made in such manner and must be accompanied by such documents and particulars as the Commissioner of Building Control may determine. [47/2007] (2) Upon receiving an application under subsection (1), or an application to renew such registration, the Commissioner of Building Control must consider the application and may — ( a ) register or renew the registration of (as the case may be) the applicant as an accredited checker, a specialist accredited checker or an accredited checking organisation, with or without conditions; or ( b ) refuse the registration or renewal. [47/2007] (3) Where the Commissioner of Building Control has registered a person, or renewed the person’s registration, as an accredited checker, a specialist accredited checker or an accredited checking organisation, he or she must issue to that person a certificate of such accreditation. [47/2007] (4) Every registration as an accredited checker, a specialist accredited checker or an accredited checking organisation is, unless earlier cancelled under section 17, valid for the period specified therein (being not longer than 12 months), and upon its expiry, that registration may be renewed for the period specified (being also not longer than 12 months). [47/2007] (5) The Commissioner of Building Control may appoint a committee of persons to assist him or her in considering applications for registration, or renewal of registration, as an accredited checker, a specialist accredited checker or an accredited checking organisation. [47/2007]


document_id: bca-1989
provision_ref: s17
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 17
title: Cancellation, etc., of registration
content:
17. —(1) Subject to section 22, the Commissioner of Building Control may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checker or a specialist accredited checker if the Commissioner of Building Control is satisfied that the accredited checker or specialist accredited checker, as the case may be — ( a ) obtained his or her registration or renewed registration by fraud or misrepresentation; ( b ) no longer satisfies any of the requirements in section 15(1) by virtue of which he or she was so registered; ( c ) is convicted of an offence involving fraud or dishonesty or an offence under this Act or the building regulations; ( d ) is for any medical reason or any other reason no longer in a position to carry out the duties of an accredited checker or a specialist accredited checker (as the case may be) effectively under this Act or the building regulations; ( e ) has contravened or failed to comply with section 18(4) or (5); ( f ) has for any reason been censured or ordered to pay a financial penalty by a Disciplinary Committee under the Professional Engineers Act 1991 or has had his or her registration as a professional engineer under that Act revoked or suspended; or ( g ) has failed to meet any standards of performance that may be prescribed in the building regulations. [47/2007] (2) The Commissioner of Building Control may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checking organisation if the Commissioner of Building Control is satisfied that — ( a ) it obtained its registration or renewal of registration by fraud or misrepresentation; ( b ) it has contravened or failed to comply with section 18(4) or (5); ( c ) it has been convicted of an offence under this Act or the building regulations; ( d ) any accredited checker who is — (i) a partner or an employee of the accredited checking organisation which is a partnership; or (ii) a director or manager or an employee of the accredited checking organisation which is a corporation, has been convicted of an offence under this Act or the building regulations; ( e ) it is no longer in a position to carry out the duties of an accredited checking organisation under this Act or the building regulations; ( f ) it no longer satisfies any of the prescribed requirements by virtue of which it was so registered; or ( g ) its performance as an accredited checking organisation, or the performance of any accredited checker who is a director, partner, member or an employee of the accredited checking organisation and acting on its behalf, fails to meet any standards of performance that may be prescribed in the building regulations. [47/2007] (3) The Commissioner of Building Control must not exercise his or her powers under subsection (1) or (2) unless an opportunity of being heard has been given to the accredited checker, specialist accredited checker or accredited checking organisation against whom the Commissioner of Building Control intends to exercise his or her powers. [47/2007] (4) The Commissioner of Building Control may appoint — ( a ) a committee of persons; and ( b ) an advocate and solicitor, to assist the Commissioner of Building Control in considering any representation that may be made to him or her under subsection (3). [47/2007] (5) The Commissioner of Building Control may, in addition to any order made under subsection (1) or (2), order the accredited checker, specialist accredited checker or accredited checking organisation that is the subject of the order to pay to the Commissioner of Building Control any sum that he or she thinks fit, not exceeding $10,000, in respect of costs and expenses of and incidental to any proceedings before the committee appointed under subsection (4)( a ). [47/2007] (6) The costs and expenses mentioned in subsection (5) include — ( a ) the costs and expenses of any advocate and solicitor appointed under subsection (4)( b ); ( b ) any reasonable expenses that the Commissioner of Building Control may pay to witnesses; and ( c ) any reasonable expenses that are necessary for the conduct of proceedings before the committee appointed under subsection (4)( a ). [47/2007] (7) Where the Commissioner of Building Control suspends or cancels the registration of an accredited checker, a specialist accredited checker or an accredited checking organisation under this section, the Commissioner of Building Control must — ( a ) cancel any certificate of accreditation issued to the person or organisation concerned under section 16(3); and ( b ) remove the name and particulars of that person or organisation from the register of accredited checkers, the register of specialist accredited checkers or the register of accredited checking organisations, as the case may be. [47/2007] (8) If the registration of an accredited checker, a specialist accredited checker or an accredited checking organisation is suspended under this section for any period, then at the end of the period of suspension, his, her or its name and particulars are to be reinstated on the respective register under section 14, and his, her or its certificate of accreditation is to be restored. [47/2007] (9) The person whose registration as an accredited checker, a specialist accredited checker or an accredited checking organisation is suspended or cancelled under this section must, within 14 days of being notified of the suspension or cancellation of registration, surrender to the Commissioner of Building Control the certificate of accreditation issued under section 16(3), failing which the person or organisation shall be guilty of an offence. [47/2007] (10) The Commissioner of Building Control must cancel the registration of an accredited checker or a specialist accredited checker who has died or whose registration has been cancelled under subsection (11). [47/2007] (11) If the Commissioner of Building Control has cancelled the registration of a person as an accredited checker under subsection (1), he or she must also cancel the registration of the person as a specialist accredited checker. [47/2007]


document_id: bca-1989
provision_ref: s18
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 18
title: Duties and independence of accredited checkers, etc., and accredited checking organisations
content:
18. —(1) An accredited checker who — ( a ) is appointed in respect of any major building works; or ( b ) is acting on behalf of an accredited checking organisation, must check the detailed structural plans and design calculations of the building works in accordance with the building regulations and must carry out any other duties that may be prescribed by those regulations. [47/2007] (2) The specialist accredited checker appointed under section 8(1) in respect of any geotechnical building works must check the geotechnical aspects of those building works in accordance with the building regulations and must carry out any other duties that may be prescribed by those regulations. [47/2007; 22/2012] (3) An accredited checker or a specialist accredited checker who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. [47/2007] (4) An accredited checker must not issue a certificate under section 5(2)( d ) or 5A in respect of the plans of any building works — ( a ) if the accredited checker has any professional or financial interest in the building works shown in the plans described in the certificate; or ( b ) in the case where the accredited checker is a director, partner, member or an employee of an accredited checking organisation and acting on behalf of the accredited checking organisation — (i) if the accredited checking organisation that is a corporation and any of its directors; or (ii) if any partner of the accredited checking organisation that is a partnership, has a professional or financial interest in the building works shown in the plans described in the certificate by the accredited checking organisation under section 5(2)( d ) or 5A. [47/2007] (5) A specialist accredited checker must not issue a certificate under section 5(2)( d ) or 5A in respect of the geotechnical aspects of any geotechnical building works if the specialist accredited checker has any professional or financial interest in the geotechnical building works shown in the plans described in the certificate. [47/2007; 22/2012] (6) An accredited checker is regarded as having a professional or financial interest in any building works if — ( a ) he or she is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which — (i) do not affect any key structural element; or (ii) affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element; ( b ) he or she or any nominee of his or hers is a member or an officer or employee of a company or other body which has a professional or financial interest in the building 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 works. [47/2007] (7) An accredited checking organisation is regarded as having a professional or financial interest in any building works if — ( a ) any of its directors, partners, members or employees is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which — (i) do not affect any key structural element; or (ii) affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element; ( b ) any nominee of the organisation is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works; or ( c ) the organisation or any of its directors or partners is a partner or is in the employment of a person who has a professional or financial interest in the building works. [47/2007] (8) For the purposes of this Act — ( a ) a person is treated as having a professional or financial interest in the building works even if the person has that interest only as trustee for the benefit of some other person; and ( b ) in the case of married people living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other. [47/2007] (9) For the purposes of this Act — ( a ) involvement in the building works as an accredited checker or a specialist accredited checker; and ( b ) entitlement to any fee paid for his or her function as an accredited checker or a specialist accredited checker, is not regarded as constituting a professional or financial interest. [47/2007] (10) If a person who is — ( a ) an accredited checker; ( b ) a specialist accredited checker; ( c ) an accredited checking organisation that is a corporation; or ( d ) a partner of an accredited checking organisation that is a partnership, or a director of an accredited checking organisation that is a corporation, contravenes subsection (4) or (5) (as the case may be), the person shall be guilty of an offence and shall be liable on conviction to — ( e ) where the person is a corporation — a fine not exceeding $100,000; and ( f ) in any other case — a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. [47/2007] Division 7 &#x2014; Enforcement and administration


document_id: bca-1989
provision_ref: s19
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 19
title: Demolition, etc., of unauthorised building works
content:
19. —(1) Where, in the opinion of the Commissioner of Building Control, any building has been erected, or any building works are or have been carried out, in contravention of the provisions of this Act or the building regulations, the Commissioner of Building Control may by written order require — ( a ) the cessation of the building works until the order is withdrawn; ( b ) the demolition of the building; or ( c ) any work or alteration to the building or building works to be carried out that may be necessary to cause the same to comply with the provisions of this Act and the building regulations or otherwise to put an end to the contravention thereof. [47/2007] (2) An order made under subsection (1) must specify all or any of the following: ( a ) the manner in which the demolition, work or alteration specified in the order is to be carried out; ( b ) the time within which the demolition, work or alteration must commence; ( c ) the time within which the demolition, work or alteration must be completed; ( d ) that the demolition, work or alteration must be carried out with due diligence to the satisfaction of the Commissioner of Building Control, and at the cost of the person on whom the order is served under subsection (3). [47/2007] [Act 12 of 2020 wef 01/01/2022] (3) An order made under subsection (1) must be served — ( a ) where a building has been erected — on the owner or occupier of the building; and ( b ) where building works are being carried out — on the developer of the building works or the builder carrying out the building works. [47/2007] (4) If an order made under subsection (1) is not complied with, the Commissioner of Building Control may — ( a ) demolish, remove or alter, or cause to be demolished, removed or altered, any building or building works or take any other steps that appear to the Commissioner of Building Control to be necessary, including ordering the closure of the building; and ( b ) recover all expenses reasonably incurred by the Commissioner of Building Control in the exercise of his or her powers under this section from the person in default. [47/2007] (5) Without affecting the right of the Commissioner of Building Control to exercise his or her powers under subsection (4), if any person on whom an order made under subsection (1) is served fails to comply with the order, that person 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 6 months or to both; and ( b ) in respect of a continuing failure to comply, to an additional fine not exceeding $500 for each day or part of a day the failure to comply continues, and if the failure to comply 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 further fine not exceeding $1,000 for every day or part of a day during which the failure to comply continues after conviction. [47/2007] (6) The Commissioner of Building Control may seize any materials resulting from the carrying out of any work under subsection (4). [47/2007] (7) This section applies to any building works, whether or not for or connected with any temporary building. [47/2007]


document_id: bca-1989
provision_ref: s20
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 20
title: Building offences
content:
20. —(1) Any person who commences or carries out, or permits or authorises the commencement or carrying out of — ( a ) any building works (including geotechnical building works) the plans of which have not been approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA; or [Act 23 of 2023 wef 18/12/2023] ( b ) any building works (including geotechnical building works) for which there is no permit under section 6 in force, shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and ( d ) in respect 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 further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007; 22/2012] (1A) In proceedings for an offence under subsection (1) in relation to any lodgment works the plans of which — ( a ) have been lodged with the Commissioner of Building Control for the purpose of section 5AA; but ( b ) were not deemed approved because section 5AA(2)( b ) was not complied with, it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused reasonably believed that section 5AA(2)( b ) had been complied with. [Act 23 of 2023 wef 18/12/2023] (2) Any person who contravenes any term or condition of — ( a ) an approval of plans of any building works under section 5 or 5A; or ( b ) a permit to carry out any building works under section 6, shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( d ) in respect 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 further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. [47/2007] (3) Any person directly concerned with the building works who, in carrying out the building works deviates, or permits or authorises the building works to deviate, in any material way from any plans of the building works approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA shall each 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. [47/2007] [Act 12 of 2020 wef 01/01/2022] [Act 23 of 2023 wef 18/12/2023] (4) In proceedings for an offence under subsection (3) — ( a ) it is not necessary for the prosecution to prove that an accused knew that the building works concerned deviate in any material way from any plans of the building works approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA; but [Act 23 of 2023 wef 18/12/2023] ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know and could not reasonably have known the plans of those building works approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA. [Act 12 of 2020 wef 01/01/2022] [Act 23 of 2023 wef 18/12/2023]


document_id: bca-1989
provision_ref: s21
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 21
title: Pecuniary penalty
content:
21. —(1) Whether or not proceedings have been instituted against any person for an offence under section 20 in respect of any building works, the Commissioner of Building Control may require the person to pay a sum not exceeding 10 times the prescribed fees for the approval of plans of the building works or which would have been payable had each approval been obtained, for those building works, where it appears to the Commissioner of Building Control that such an offence has been committed. [47/2007] (2) Any person who is aggrieved by a decision of the Commissioner of Building Control under subsection (1) may, within 14 days of being notified of the decision, appeal to the Minister against the decision. [47/2007] (3) Where an appeal is made to the Minister under subsection (2), the Minister may confirm, vary or reverse the decision of the Commissioner of Building Control, or give any directions in the matter that he or she thinks fit, and the decision of the Minister is final. [47/2007] (4) Every pecuniary penalty or part thereof outstanding is recoverable as a debt due to the Building and Construction Authority. [47/2007] (4A) All sums collected under this section must be paid into the Consolidated Fund. [Act 12 of 2020 wef 01/01/2022] (5) On acceptance by the Commissioner of Building Control of the pecuniary penalty imposed under this section, the unauthorised building works in respect of which the penalty is paid are deemed to have been carried out without contravening section 20. [47/2007]


document_id: bca-1989
provision_ref: s22
chapter: PART 2 - CONTROL OF BUILDING WORKS
section: 22
title: Appeals
content:
22. —(1) Where an application made under — ( a ) section 5 or 5A for approval of plans of any building works; ( b ) section 6 for a permit to carry out any structural works; ( c ) section 6A for any modification or waiver of the requirements of the building regulations in relation to any particular building works; ( d ) section 7A(3) for a waiver of the operation of section 7(1) in relation to any building works; ( e ) section 15 for registration, or for the renewal of registration, as an accredited checker, a specialist accredited checker or an accredited checking organisation; or ( f ) section 22FC for registration, or for the renewal of registration, as an energy auditor, is refused, or is granted by the Commissioner of Building Control subject to terms and conditions, the applicant may, if aggrieved by the decision of the Commissioner of Building Control, appeal to the Minister against the decision within 14 days after being served with the notice of the decision. [47/2007; 22/2012] [Act 28 of 2024 wef 30/09/2025] (1A) Where the Commissioner of Building Control has made a decision under section 5AA(5)( a ) and ( b ), the developer concerned may appeal to the Minister against the decision within 14 days after being served with the notice of the decision. [Act 23 of 2023 wef 18/12/2023] (2) If the Commissioner of Building Control has made an order under section 17 in respect of an accredited checker, a specialist accredited checker or an accredited checking organisation, the accredited checker, specialist accredited checker or accredited checking organisation concerned may appeal to the Minister against the order within 14 days after being served with the notice of the order. [47/2007] (2A) If the Commissioner of Building Control has cancelled or suspended the registration of an energy auditor under section 22FD, the energy auditor concerned may appeal to the Minister against the cancellation or suspension within 14 days after being served with the notice of the cancellation or suspension. [22/2012] [Act 28 of 2024 wef 30/09/2025] (3) In any appeal under this section in relation to the conviction of an accredited checker, a specialist accredited checker, an accredited checking organisation or an energy auditor for a criminal offence, the Minister on appeal from any order or decision of the Commissioner of Building Control is to accept the conviction as final and conclusive. [47/2007; 22/2012] (4) Where an appeal is brought under this section from a decision of the Commissioner of Building Control, the Minister may, after giving the aggrieved appellant an opportunity to make written representations, dismiss or allow the appeal, unconditionally or subject to any conditions that he or she thinks fit. [47/2007] (5) The decision of the Minister in any appeal under this section is final. [47/2007]


document_id: bca-1989
provision_ref: s22A
chapter: PART 3 - RETROFITTING OF EXTERIOR FEATURES AND
section: 22A
title: Application and interpretation of this Part
content:
22A. —(1) This Part applies to all exterior features on any building except — ( a ) exterior features on any detached house, semi-detached house, terrace house or linked house, none of which are comprised in any strata title plan; and ( b ) exterior features located on the lowest level of any building. [34/2004] (2) This Part also applies in relation to all fixed installations whenever installed. [Act 12 of 2020 wef 01/10/2025] (3) In this Part — “applicable date” means — ( a ) in relation to an exterior feature — the date prescribed under section 22C to be the applicable date for the class of exterior features to which that exterior feature belongs; and ( b ) in relation to a fixed installation — the date prescribed under section 22C for the class of fixed installations to which that fixed installation belongs; “grace period” means — ( a ) in relation to an exterior feature — the grace period prescribed under section 22C for the class of exterior features to which that exterior feature belongs, being a period starting on the applicable date for that exterior feature; and ( b ) in relation to a fixed installation — the grace period prescribed under section 22C for the class of fixed installations to which that fixed installation belongs, being a period starting on the applicable date for that fixed installation; “person responsible”, in relation to an exterior feature that is part of the common property of any housing estate of the Housing and Development Board, includes (in addition to that defined in section 2(1)) the Board if the Board is designated by the Minister to be a person responsible with respect to that exterior feature; “prescribed age” means — ( a ) in relation to an exterior feature — the age prescribed under section 22C to be the prescribed age for a class of exterior features to which the exterior feature belongs; and ( b ) in relation to a fixed installation — the age prescribed under section 22C to be the prescribed age for a class of fixed installations to which the fixed installation belongs. [Act 12 of 2020 wef 01/10/2025] (4) For the purposes of this Part — ( a ) the age of an exterior feature of a building must be counted from the date of its first installation on that building as determined in accordance with such date as is prescribed under section 22C for that exterior feature; and ( b ) the age of a fixed installation must be counted from the date prescribed under section 22C for a class of fixed installations to which the fixed installation belongs. [Act 12 of 2020 wef 01/10/2025] (5) Nothing in this Part — ( a ) prohibits or prevents the Commissioner of Building Control from exercising any of his powers under any other provision of this Act or the building regulations; or ( b ) limits the effect of any other provision of this Act or the building regulations or any other written law for the time being in force. [Act 12 of 2020 wef 01/10/2025]


document_id: bca-1989
provision_ref: s22AA
chapter: PART 3 - RETROFITTING OF EXTERIOR FEATURES AND
section: 22AA
title: Duty to retrofit fixed installation
content:
22AA. —(1) Every fixed installation owner of a fixed installation must carry out, or cause to be carried out, retrofitting of the fixed installation, whether or not of a prescribed age, in accordance with this section. (2) The retrofitting mentioned in subsection (1) must be — ( a ) completed within the time required by subsection (3); and ( b ) carried out by a person and in the manner prescribed under section 22C for the fixed installation concerned. (3) The time by which retrofitting of a fixed installation must be completed is — ( a ) the grace period prescribed for the fixed installation where — (i) there is no prescribed age for the fixed installation; or (ii) the fixed installation is, on the applicable date for that fixed installation, of the prescribed age or older; or ( b ) the longer of the following periods, where the fixed installation is, on the applicable date for that fixed installation, below the prescribed age: (i) the grace period prescribed for that fixed installation; (ii) the period starting on the applicable date for that fixed installation and ending immediately before the fixed installation attains the prescribed age. (4) A fixed installation owner who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000 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. (5) In any proceedings for an offence under subsection (4), it is a defence for an accused to prove, on a balance of probabilities, that the accused was not the fixed installation owner of the fixed installation — ( a ) at any time during the grace period prescribed for that fixed installation; or ( b ) before the fixed installation attained the prescribed age. [Act 12 of 2020 wef 01/10/2025]


document_id: bca-1989
provision_ref: s22B
chapter: PART 3 - RETROFITTING OF EXTERIOR FEATURES AND
section: 22B
title: Duty to retrofit exterior feature
content:
22B. —(1) Where an exterior feature of a prescribed building has been installed on, forms part of, or projects outwards from the building at any time before the applicable date prescribed for the exterior feature, the person responsible for the exterior feature must carry out or cause to be carried out retrofitting of that exterior feature in such manner, by such person and using such material as may be prescribed in relation to that exterior feature — ( a ) where there is no prescribed age for that exterior feature, or the exterior feature is, on that applicable date, of the prescribed age or older — within the grace period prescribed for that exterior feature; or ( b ) where the exterior feature is, on that applicable date, less than the prescribed age — within the grace period prescribed for that exterior feature or within the period before the exterior feature attains the prescribed age, whichever period is the longer. [34/2004] (2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 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. [34/2004] [Act 12 of 2020 wef 01/10/2025] (3) If a person is charged with an offence under subsection (2), it is a defence for the person to prove that the person was not the person responsible for the exterior feature at any time during that grace period or before the exterior feature attained that prescribed age, as the case may be. [34/2004] (4) [ Deleted by Act 12 of 2020 wef 01/10/2025 ] (5) [ Deleted by Act 12 of 2020 wef 01/10/2025 ]


document_id: bca-1989
provision_ref: s22C
chapter: PART 3 - RETROFITTING OF EXTERIOR FEATURES AND
section: 22C
title: Retrofitting orders
content:
22C. —(1) The Minister may, by order in the Gazette , prescribe any matter which is required or permitted to be prescribed by this Part. [34/2004] (2) Without limiting subsection (1), the Minister may, in an order made under that subsection, prescribe — ( a ) the duties and responsibilities of any person authorised to carry out retrofitting of an exterior feature or a fixed installation, including providing that any failure or neglect to comply with any such duty or responsibility shall be an offence; [Act 12 of 2020 wef 01/10/2025] ( b ) different applicable dates, prescribed ages, grace periods and persons responsible for an exterior feature in relation to different exterior features; ( ba ) different applicable dates, prescribed ages and grace periods in relation to different fixed installations; [Act 12 of 2020 wef 01/10/2025] ( c ) different qualifications and training for persons authorised to carry out retrofitting in relation to different exterior features or different fixed installations, as the case may be; and [Act 12 of 2020 wef 01/10/2025] ( d ) that any contravention of any provision of the order shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both and, in the case of a continuing offence, with a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [34/2004] (3) All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [34/2004]


document_id: bca-1989
provision_ref: s22D
chapter: PART 3A - DISABILITY AND OTHER
section: 22D
title: Interpretation of this Part
content:
22D. —(1) In this Part, unless the context otherwise requires — “building” does not include a temporary building; “performance requirement” means a performance requirement in the building regulations that — ( a ) is to facilitate the access to, and use of, a building and its facilities by persons with disabilities; or ( b ) is prescribed in the building regulations for the purposes of this Part; “person with disability” means an individual who has an impairment of hearing or sight, or an impairment which limits his ability to walk, or which restricts him or her to using a wheelchair; “physical feature”, in relation to a building, includes the following physical features (permanent or temporary): ( a ) any feature arising from the design or construction of the building; ( b ) any feature of any approach to, exit from or access to such a building; ( c ) any fixtures, fittings or facility in or on the premises of the building; or ( d ) any other physical element or quality of the land on which the building stands. [47/2007] (2) A physical feature of a building satisfies the relevant performance requirement for the purposes of this Part where the physical feature is constructed or installed in or in connection with the building in accordance with the performance requirement that — ( a ) is relevant in relation to that physical feature; and ( b ) is in effect at the following time: (i) the day upon which the works to construct or install the physical feature started; or (ii) in the case of a physical feature provided as part of building works to which Part 2 applies, the day a certificate of statutory completion is issued in respect of the building on the completion of those building works. [47/2007] (3) To avoid doubt, this Part applies to the physical features of any building, whether constructed before, on or after 15 February 2008. [47/2007]


document_id: bca-1989
provision_ref: s22DA
chapter: PART 3A - DISABILITY AND OTHER
section: 22DA
title: Requiring works to be done upon trigger application
content:
22DA. —(1) Where the Commissioner of Building Control receives, on or after the date of commencement of section 17 of the Building Control (Amendment) Act 2020, a trigger application relating to a relevant building, the Commissioner of Building Control may, by written notice, require the owner of the relevant building (who may or may not be the applicant of a trigger application relating to the same relevant building) to do the following: ( a ) to prepare and submit for approval the plans of relevant building works specified by the Commissioner of Building Control in the notice in relation to that relevant building; ( b ) where the plans of the relevant building works mentioned in paragraph ( a ) are approved, to complete those relevant building works in relation to the relevant building within the time specified in the notice. (2) An owner of a relevant building given a notice under subsection (1) who, without reasonable excuse, fails to comply with the notice — ( a ) shall be guilty of an offence and shall be liable on conviction — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; and (ii) to a further fine not exceeding $250 for each day or part of a day the owner fails to comply with the notice; and ( b ) in the case of a continuing failure to comply with the notice after conviction, shall be guilty of a further offence and shall be liable on conviction to a further fine not exceeding $500 for each day or part of a day during which the failure to comply continues after conviction. (3) In this section — “factory” means any building that is used or allowed to be used — ( a ) for handling, sorting, packing, storing, altering, repairing, constructing, processing or manufacturing any goods; ( b ) for the repair, construction or manufacturing of any vessel or vehicle; or ( c ) for any building operation or work of engineering construction, and includes any building associated with a building used or allowed to be used for a purpose in paragraph ( a ), ( b ) or ( c ); “relevant building” means a building — ( a ) the gross floor area of which is more than 500 square metres, or such other smaller minimum area prescribed in substitution; ( b ) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, and whether or not access to the building may be restricted at particular times or for particular purposes; and ( c ) that is not comprised in any development which is used or allowed to be used solely for residential purposes or as a factory; “relevant building works”, in relation to a relevant building, means building works to erect any physical feature — ( a ) in any corridor, lobby, washroom or other common area in the relevant building to which occupiers of the relevant building have general access; and ( b ) towards satisfying the relevant performance requirement for the purposes of this Part; “trigger application” means an application for approval of the plans of any building works under section 5(1) for the alteration, addition or repair of a relevant building. [Act 12 of 2020 wef 01/06/2023]


document_id: bca-1989
provision_ref: s22E
chapter: PART 3A - DISABILITY AND OTHER
section: 22E
title: Duty of building owner, etc., not to alter
content:
22E. —(1) Every owner or occupier of a building must not remove, alter or obstruct, or cause the removal, alteration or obstruction of, any physical feature of the building where — ( a ) the physical feature satisfies the relevant performance requirement for the purposes of this Part; and ( b ) the removal, alteration or obstruction will cause the physical feature to cease to satisfy the relevant performance requirement. [47/2007] (2) Where, in the opinion of the Commissioner of Building Control, any physical feature of a building mentioned in subsection (1)( a ) has been removed, altered or obstructed so as to cease to satisfy the relevant performance requirement, the Commissioner of Building Control may, by written notice, require such repairs, work or alteration to the physical feature or the building or other remedial action as he or she thinks fit to be carried out to reinstate the physical feature so as to satisfy the relevant performance requirement. [47/2007] (3) A notice to reinstate under subsection (2) must specify — ( a ) the manner in which the repairs, work, alteration or remedial action specified in the notice is to be carried out; ( b ) the time within which the repairs, work, alteration or remedial action must commence; ( c ) the time within which the repairs, work, alteration or remedial action must be completed; and ( d ) that the repairs, work, alteration or remedial action must be carried out with due diligence to the satisfaction of the Commissioner of Building Control. [47/2007] (4) A notice to reinstate under subsection (2) must be made in respect of any building or any physical feature thereof and must be served — ( a ) on the owner of the building; ( b ) where that owner is not known or cannot be found by reasonable inquiry, on the occupier of the building; ( c ) in the case of a physical feature comprised in any common property or limited common property of any subdivided building, on the owner thereof; or ( d ) in the case of a physical feature comprised in any common property of residential or commercial property in any housing estate of the Housing and Development Board — (i) on the Town Council receiving any rent or charge for the maintenance of that common property; or (ii) where there is no Town Council with the function and duty to maintain that common property, on the Housing and Development Board. [47/2007] (5) If any person on whom a notice under subsection (2) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; ( b ) to a further fine not exceeding $250 for each day or part of a day the person fails, without reasonable excuse, to comply with the requirements of that notice; and ( c ) in the case of a continuing offence after conviction, to a further fine not exceeding $500 for every day or part of a day during which the failure to comply continues after conviction. [47/2007]


document_id: bca-1989
provision_ref: s22F
chapter: PART 3A - DISABILITY AND OTHER
section: 22F
title: Appeal against notice to reinstate
content:
22F. —(1) Any person on whom a notice to reinstate under section 22E(2) is served may, within 21 days after the date of receipt of the notice, appeal in writing to the Minister against the notice in the prescribed manner. [47/2007] (2) Even though an appeal is lodged under subsection (1), the notice appealed against takes effect and must be complied with unless otherwise ordered by the Minister. [47/2007] (3) The Minister may determine an appeal under this section by confirming, varying or cancelling the notice of the Commissioner of Building Control under section 22E(2). [47/2007] (4) The decision of the Minister in any appeal under this section is final. [47/2007]


document_id: bca-1989
provision_ref: s22FA
chapter: PART 3B - ENVIRONMENTAL SUSTAINABILITY MEASURES
section: 22FA
title: Interpretation of this Part
content:
22FA. In this Part — “approved reduction”, in relation to the energy use intensity of a building, means a reduction in the energy use intensity of the building by a percentage approved by the Commissioner of Building Control under section 22FO(3) for that building; [Act 28 of 2024 wef 30/09/2025] “as-built score”, in relation to an existing building which has undergone a major energy use change, means the ES score awarded to that building upon the completion of the major energy use change; [Act 28 of 2024 wef 30/09/2025] “audit report” means a report of the result of an energy audit mentioned in section 22FN(1)( d ); [Act 28 of 2024 wef 30/09/2025] “design score”, in relation to an existing building for which a major energy use change is proposed, means the ES score projected for that building upon the completion of the major energy use change, assessed based on the design of the proposed major energy use change; [Act 28 of 2024 wef 30/09/2025] “energy auditor” means a person registered as an energy auditor under section 22FC; [Act 28 of 2024 wef 30/09/2025] “energy efficiency improvement plan” means an energy efficiency improvement plan prepared under section 22FN(1)( c ), and includes any energy efficiency improvement plan amended in accordance with section 22FO(4) or 22FS(1); [Act 28 of 2024 wef 30/09/2025] “energy use intensity”, in relation to a building, means the annual energy consumption of the building per unit of gross floor area (expressed in kilowatt hour (kWh) per square metre per year), calculated using the prescribed methodology; [Act 28 of 2024 wef 30/09/2025] “energy use intensity threshold” means the threshold level of energy use intensity prescribed for the purposes of this Part; [Act 28 of 2024 wef 30/09/2025] “energy-intensive building” means a Type 1 building that has an energy use intensity that exceeds the energy use intensity threshold; [Act 28 of 2024 wef 30/09/2025] “environmental sustainability score” or “ES score” means a numerical score to assess the environmental sustainability of a building, calculated using the prescribed scoring methodology; [Act 28 of 2024 wef 30/09/2025] “existing building” means any building in respect of which a certificate of statutory completion or a temporary occupation permit is issued; [ Deleted by Act 28 of 2024 wef 30/09/2025 ] “gross floor area”, in relation to a building, means the aggregate of the gross areas of all floor spaces of the building that are prescribed (whether the floor space is within or outside the building, enclosed, covered or otherwise), but excludes any prescribed excluded area; [Act 28 of 2024 wef 30/09/2025] “major energy use change”, in relation to an existing building, means — ( a ) the installation, substantial alteration or replacement of a prescribed cooling system of the building; or ( b ) any other change to the energy requirements of the building that may be prescribed; [Act 28 of 2024 wef 30/09/2025] “mandatory energy improvement audit notice” or “MEI audit notice” means a mandatory energy improvement audit notice issued under section 22FJ(1); [Act 28 of 2024 wef 30/09/2025] “mechanical engineer” means a professional engineer registered under the Professional Engineers Act 1991 in the branch of mechanical engineering who has in force a practising certificate issued under that Act; “minimum environmental sustainability standard”, in relation to any building, means the prescribed minimum standard of environmental sustainability applicable to that building, or to a building of that type or class, expressed in terms of a ES score and other specified requirements; [Act 28 of 2024 wef 30/09/2025] [ Deleted by Act 28 of 2024 wef 30/09/2025 ] “specified reduction”, in relation to the energy use intensity of a building, means a reduction in the energy use intensity of the building by a prescribed percentage; [Act 28 of 2024 wef 30/09/2025] “Type 1 building” means an existing building, or part of an existing building, of any class or type for the time being prescribed for the purposes of Divisions 2, 3 and 4; [Act 28 of 2024 wef 30/09/2025] “Type 2 building” means an existing building, or part of an existing building, of any class or type for the time being prescribed for the purposes of Division 5. [22/2012] [Act 28 of 2024 wef 30/09/2025]


