# legal_provisions

document_id: sira-2024
provision_ref: s49
chapter: PART 5 - ENFORCEMENT
section: 49
title: Powers of entry of premises without warrant
content:
49. —(1) A police officer may enter at any reasonable time any premises which the police officer reasonably believes to be or may be — ( a ) owned or occupied by an entity; or ( b ) where any activity is being or has been conducted, promoted or carried on, by any entity, and do all or any of the activities mentioned in subsection (2) for any of the purposes mentioned in section 47(1) or (2). (2) A police officer may, after entering any premises mentioned in subsection (1), do all or any of the following: ( a ) examine any thing or observe any activity conducted in or on the premises; ( b ) make a still or moving image or recording of any thing in or on the premises; ( c ) inspect any document on the premises and take extracts from, or make copies of, any such document; ( d ) take into or onto the premises such equipment and materials as the police officer requires for the purpose of exercising his or her powers in relation to the premises; ( e ) operate electronic equipment in or on the premises; ( f ) search or cause to be searched any individual or any thing found in or on the premises for, and seize, any document or thing which the police officer believes on reasonable grounds — (i) is evidential material relevant to, or is intended to be used for the purpose of committing — (A) an offence under this Act or the regulations; or (B) any act against the national security interests of Singapore; and (ii) it is necessary to secure the document or thing in order to prevent it from being concealed, lost or destroyed; ( g ) require any individual found in the premises to answer any question (to the best of that individual’s knowledge, information and belief), and to provide any document or information, about any matter relevant to any purpose mentioned in section 47(1) or (2). (3) The power under subsection (2)( e ) to operate electronic equipment in or on any premises includes the power — ( a ) to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and ( c ) to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the premises for the exercise of the power; or (ii) is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from the premises. (4) A police officer may be assisted by other individuals in exercising enforcement powers under this section if that assistance is necessary and reasonable.


document_id: sira-2024
provision_ref: s50
chapter: PART 5 - ENFORCEMENT
section: 50
title: Powers of entry of premises under warrant
content:
50. —(1) A police officer may apply to a court for a warrant and the court may issue such a warrant if it is satisfied that — ( a ) there are reasonable grounds for suspecting that there are, on any premises, documents — (i) the production of which has been required under section 48; and (ii) which have not been produced as required; ( b ) there are reasonable grounds for suspecting that — (i) there are, on any premises, documents which the police officer has power under section 48 to require to be produced; and (ii) if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or ( c ) a police officer or a person assisting the police officer has attempted to enter the premises in the exercise of his or her powers under section 49 but has been unable to do so and that there are reasonable grounds for suspecting that there are, on the premises, documents the production of which could have been required under that section. (2) A warrant under this section authorises a named officer, and any other persons that the police officer may require to assist him or her, to do all or any of the following: ( a ) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( b ) to search any person on those premises if there are reasonable grounds for believing that that person has in his or her possession any document, equipment or article that has a bearing on the investigation; ( c ) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind); ( d ) to take possession of any document appearing to be of the relevant kind if — (i) such action appears to be necessary for preserving the document or preventing interference with it; or (ii) it is not reasonably practicable to take copies of the document on the premises; ( e ) to take any other step that appears to be necessary for the purpose mentioned in paragraph ( d )(i); ( f ) to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of the person’s knowledge and belief, where it may be found; ( g ) to require any information that is stored in any electronic form and is accessible from the premises and that he or she considers relates to any matter relevant to the investigation, to be produced in a form — (i) in which it can be taken away; or (ii) in which it is visible and legible; ( h ) to remove from those premises for examination any equipment or article that relates to any matter relevant to the investigation. (3) If, in the case of a warrant under subsection (1)( b ), the court is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant may also authorise the actions mentioned in subsection (2) to be taken in relation to any such document. (4) If possession of any document is taken under subsection (2)( d ) or (3), the named officer may, at the request of the person from whom possession of the document was taken, provide such person with a copy of the document. (5) A named officer may allow any equipment or article that has a bearing on an investigation and that may be removed from any premises for examination under subsection (2)( h ) to be retained on those premises subject to any conditions that the named officer may require. (6) A warrant issued under this section — ( a ) must indicate the subject matter and purpose of the investigation; and ( b ) continues in force until the end of one month beginning from the day on which it is issued. (7) The powers conferred by this section must not be exercised except upon production of a warrant issued under this section. (8) A person entering any premises by virtue of a warrant under this section may take with the person such equipment as appears to the person to be necessary. (9) If there is no one at the premises when the named officer proposes to execute such a warrant, the named officer must, before executing it — ( a ) take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and ( b ) if the occupier is informed, give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed. (10) If the named officer is unable to inform the occupier of the intended entry, the named officer must, when executing the warrant, leave a copy of the warrant in a prominent place on the premises. (11) On leaving any premises which the named officer has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as the named officer found them. (12) Any document of which possession is taken under subsection (2)( d ) or (3) may be retained for a period of not more than 3 months. (13) In this section — “named officer” means a police officer named in the warrant; “occupier”, in relation to any premises, means a person whom the police officer reasonably believes is the occupier of those premises.


document_id: sira-2024
provision_ref: s51
chapter: PART 5 - ENFORCEMENT
section: 51
title: Application of Criminal Procedure Code 2010
content:
51. Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an authorised officer seizes any thing under this Part.


document_id: sira-2024
provision_ref: s52
chapter: PART 5 - ENFORCEMENT
section: 52
title: Offences under this Part
content:
52. —(1) A person who, without reasonable excuse, fails to do anything required of the person — ( a ) by an authorised officer or a police officer under section 48(1) or (2); or ( b ) by a police officer under section 49(2)( g ), shall be guilty of an offence. (2) A person — ( a ) who intentionally alters, suppresses or destroys any document, information or article which the person has been required by an authorised officer or a police officer under section 48(1) or (2), or by a police officer under section 49(2)( g ), to provide; or ( b ) who, in providing any document, information or article required by an authorised officer or a police officer under section 48(1) or (2), or by a police officer under section 49(2)( g ), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence. (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (4) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the person — ( a ) does not possess the document, information or article required; or ( b ) has taken all reasonable steps available to the person to obtain the document, information or article required and has been unable to obtain it. (5) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or article or answer any question if doing so might tend to incriminate that person.


document_id: sira-2024
provision_ref: s53
chapter: PART 5 - ENFORCEMENT
section: 53
title: Composition of offences
content:
53. —(1) Subject to subsection (2), the Minister may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding — ( a ) in the case of an offence to which section 36(1)( a )(i)(A) applies — $250,000; ( b ) in the case of an offence to which section 36(1)( b )(i) or (ii) applies — $500,000; or ( c ) in any other case — one half of the amount of the maximum fine that is prescribed for the offence. (2) If the functions and powers of the Minister in respect of a designated entity have been transferred to a relevant Minister under section 6(2), the relevant Minister may compound any offence specified in subsection (3) that is prescribed by the relevant Minister as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding — ( a ) in the case of an offence to which section 36(1)( a )(i)(A) applies — $250,000; ( b ) in the case of an offence to which section 36(1)( b )(i) or (ii) applies — $500,000; or ( c ) in any other case — one half of the amount of the maximum fine that is prescribed for the offence. (3) For the purposes of subsection (2), the offences specified are — ( a ) any offence under Part 3 that is committed by or in relation to the designated entity; ( b ) any offence under section 52(1)( a ) involving the failure to do anything required by an authorised officer appointed by the relevant Minister’s appointed authority; and ( c ) any offence under section 52(2) relating to any matter specified in that provision connected with a requirement of an authorised officer appointed by the relevant Minister’s appointed authority. (4) On payment of the sum of money under subsection (1) or (2), no further proceedings are to be taken against that person in respect of the offence. (5) All sums collected under this section must be paid into the Consolidated Fund. (6) In this section, “relevant Minister’s appointed authority” means the appointed authority appointed by the relevant Minister under section 7(1).


document_id: sira-2024
provision_ref: s54
chapter: PART 6 - MISCELLANEOUS
section: 54
title: Guidelines on Fit and Proper Criteria
content:
54. —(1) For the purpose of determining whether a person is a fit and proper person under this Act or any provision of this Act, the Minister may issue or adopt Guidelines on Fit and Proper Criteria. (2) If the functions and powers of the Minister in respect of a designated entity have been transferred to a relevant Minister under section 6(2), then, for the purpose of determining whether a person is a fit and proper person under this Act or any provision of this Act in relation to that designated entity, the relevant Minister may issue or adopt Guidelines on Fit and Proper Criteria. (3) The Minister or relevant Minister may, at any time, vary or revoke the Guidelines on Fit and Proper Criteria issued by the Minister or relevant Minister (as the case may be) mentioned in subsection (1) or (2), or any part of the Guidelines. (4) The Minister or relevant Minister (as the case may be) must — ( a ) ensure that the Guidelines on Fit and Proper Criteria, or their variation or revocation, are published on the prescribed website; ( b ) specify in the publication, the date on which the Guidelines on Fit and Proper Criteria, or their variation or revocation, take effect; and ( c ) ensure that the Guidelines on Fit and Proper Criteria (including any variation to them) remain available to the public for access and inspection without charge. (5) To avoid doubt, the Guidelines on Fit and Proper Criteria mentioned in subsections (1) and (2) are deemed not to be subsidiary legislation. (6) To avoid doubt, the Guidelines on Fit and Proper Criteria do not prevent any other matter or evidence that may be relevant to be taken into account in determining whether a person is or is not a fit and proper person.


document_id: sira-2024
provision_ref: s55
chapter: PART 6 - MISCELLANEOUS
section: 55
title: Protection from personal liability
content:
55. No liability shall be incurred by the competent authority, an appointed authority, any authorised officer, a member of or any other person acting under the direction of the competent authority or an appointed authority, for anything which is done or purported to be done in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function or duty under this Act.


document_id: sira-2024
provision_ref: s56
chapter: PART 6 - MISCELLANEOUS
section: 56
title: Exemption
content:
56. —(1) The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as the Minister may impose. (2) If the functions and powers of the Minister in respect of a designated entity have been transferred to a relevant Minister under section 6(2), that relevant Minister may, by order in the Gazette — ( a ) exempt that designated entity from part or all of the provisions mentioned in section 6(3)( b ), subject to such conditions as the relevant Minister may impose; and ( b ) exempt any person or class of persons from part or all of the provisions mentioned in section 6(3)( b ), in relation to that designated entity, subject to such conditions as the relevant Minister may impose.


document_id: sira-2024
provision_ref: s57
chapter: PART 6 - MISCELLANEOUS
section: 57
title: Regulations
content:
57. —(1) The Minister may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) If the functions and powers of the Minister in respect of a designated entity have been transferred to a relevant Minister under section 6(2), that relevant Minister may make regulations — ( a ) prescribing, in respect of that designated entity, matters required or permitted to be prescribed under sections 14(1) and (9), 16(2) and (3), 29(3) and 54(4)( a ); and ( b ) prescribing the offences that may be compoundable under section 53(2).


document_id: sita-2014
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Trustees of the university company mentioned in its constituent documents; “constituent documents”, in relation to the university company, means the memorandum of association and articles of association of the university company; “university company” means the company limited by guarantee incorporated under the Companies Act 1967 on 15 September 2009 under the name “Singapore Institute of Technology”.


document_id: sita-2014
provision_ref: s6
section: 6
title: Appointment to Board
content:
6. —(1) The Board consists of such number of trustees as the Minister may appoint. (2) The Minister may, at any time, remove or replace any trustee or appoint new or additional trustees to the Board.


document_id: sita-2014
provision_ref: s9
section: 9
title: Access to accounts and summary of financial statements
content:
9. —(1) The Minister or a person authorised by the Minister (called in this section an authorised person) is entitled, at all reasonable times, to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the university company. (2) The Minister or an authorised person may require any person to provide any information in that person’s possession, or to which that person has access, that the Minister or authorised person considers necessary for ascertaining — ( a ) whether moneys paid to the university company under section 8 were applied or expended in accordance with that section; and ( b ) any other matters that the Minister or authorised person requires. (3) The university company must make available to the public, at such frequency and in such manner as the Minister may determine, a summary of the financial statements of the university company which must be in such form and contain such information as the Minister may determine. (4) Any person who, without reasonable excuse, fails to comply with any requirement of the Minister or an authorised person under subsection (2), or who otherwise hinders, obstructs or delays the Minister or an authorised person in the performance of his or her duties or in the exercise of his or her powers under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: sita-2014
provision_ref: s11
section: 11
title: Act to prevail over constituent documents, etc.
content:
11. —(1) Any provision of the constituent documents, or any regulation of the university company made under any provision of the constituent documents, that is inconsistent with any provision of this Act is, to the extent of the inconsistency, void. (2) Nothing in this Act is to be construed as excusing or exempting the university company from complying with any written law that, apart from this Act, would apply to the university company.


document_id: sla-1920
provision_ref: s2
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001; “Collector” has the meaning given by the Land Revenue Collection Act 1940; “Commissioner of Lands” means the individual that the Minister appoints as the Commissioner of Lands under section 6; “grant” means a grant in perpetuity; “grantee” means the owner of a grant; “Singapore Height Datum” has the meaning given by the Boundaries and Survey Maps Act 1998; “State title” means any grant, any grant in fee simple or estate in perpetuity, or any State lease (of whatever tenure) whenever issued or granted by or on behalf of the Crown, the State or the former East India Company; “subterranean space” means the subsoil below the surface of the earth. [17/2001; 11/2015]


document_id: sla-1920
provision_ref: s3
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 3
title: Appointment of Chief Valuer
content:
3. —(1) The President may appoint a Chief Valuer in accordance with the advice of the Public Service Commission unless the President, acting in his or her discretion, does not concur with that advice. [17/98] (2) The remuneration and other terms of service of the Chief Valuer must not be altered to his or her disadvantage during his or her continuance in office. [2A [17/98]


document_id: sla-1920
provision_ref: s4
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 4
title: Functions of Chief Valuer
content:
4. —(1) The functions of the Chief Valuer are — ( a ) to carry out the valuation of all State lands, lands managed for or on behalf of the Government or buildings on any such land for their disposal; and ( b ) to carry out valuation of any lands and buildings required for feasibility studies, court proceedings, arbitration or other purposes. [17/98] (2) The Chief Valuer must perform any other duties and may exercise any other powers prescribed by or under any written law. [2B [17/98]


document_id: sla-1920
provision_ref: s5
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 5
title: Access to lands, buildings, etc.
content:
5. The Chief Valuer or any officer authorised by him or her may — ( a ) where reasonably necessary for the purposes of any work undertaken by the Chief Valuer in the performance of his or her functions, enter at all reasonable hours into and upon and inspect any land, building or premises without liability for trespass; ( b ) request in writing the owner or occupier of any land, building or premises to provide information to enable the Chief Valuer to carry out that work; and ( c ) inspect any books, documents or papers in the charge of any public officer for the purposes of such work and take extracts from those books, documents or papers without fee. [2C [17/98]


document_id: sla-1920
provision_ref: s6
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 6
title: Commissioner of Lands
content:
6. —(1) There is to be a Commissioner of Lands appointed by the Minister for the general administration of this Act. [17/2001] (2) The Minister may also appoint from among officers of the Authority any number of Deputy Commissioners and Assistant Commissioners of Lands that may be necessary to carry out the provisions of this Act and any rules made under this Act. [17/2001] (3) A Deputy Commissioner or an Assistant Commissioner of Lands may, subject to any special or general directions of the Commissioner, exercise any of the powers conferred on the Commissioner by or under this Act or any other written law. [2D [17/2001]


document_id: sla-1920
provision_ref: s7
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 7
title: Power to make rules for disposal of available lands
content:
7. —(1) The President may make rules for the disposal or temporary occupation of State lands. (2) Rules made under subsection (1) may provide, among other matters, for the following: ( a ) the mode in which applications for land are to be made and the terms and conditions on which grants, leases or other dispositions are to be issued; ( b ) the total or partial exemption, either absolutely or subject to conditions, of land from rent for a term of years, or for any life or lives, or during the maintenance of any institution; ( c ) the time and place at which, and person to whom, rent must be paid. [3


document_id: sla-1920
provision_ref: s8
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 8
title: Modes of alienation
content:
8. Any State land that is alienated or otherwise disposed of, or in respect of which a lease or licence to occupy is issued, under this Act may be alienated, leased or licensed — ( a ) as a parcel of the surface earth, so much of the subterranean space below and so much of the column of airspace above the surface as is reasonably necessary for the use and enjoyment of the land; ( b ) as a parcel of airspace or subterranean space, whether or not held apart from the surface of the earth; or ( c ) only down to such depth below the surface earth as the President may by order direct. [3A [9/2009; 11/2015]


document_id: sla-1920
provision_ref: s9
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 9
title: What is subterranean space reasonably necessary for use and enjoyment of surface earth
content:
9. —(1) To avoid doubt, it is declared that for all purposes, any land includes only so much of the subterranean space as is reasonably necessary for the use and enjoyment of the land, being — ( a ) the depth of subterranean space that is specified in the State title for that land; or ( b ) if no such depth is specified, subterranean space to ‑30.000 metres from the Singapore Height Datum. [11/2015] (2) To avoid doubt, nothing in this section derogates from — ( a ) any reservation, by or under this Act or other written law, in favour of the State — (i) to all mines and minerals, mineral oil, natural gas, stone, clay, sand, gravel, and other natural deposits; or (ii) to enter upon any land and to search for and take any minerals, mineral oil, natural gas, stone, clay, sand, gravel, and other natural deposits which may be found in or below the land; ( b ) any condition implied (by or under this Act or other written law) in any State title for any land with respect to opening of or working any mines or quarries, or digging for minerals, mineral oil, natural gas, stone, laterite, clay, sand, gravel, and other natural deposits; or ( c ) any rule of law or written law relating to ownership of any column of space above any defined parcel of the surface of the earth. [11/2015] (3) Any reference in any written law other than this Act to so much of the subterranean space below any land as is reasonably necessary for the use and enjoyment of the land is a reference to — ( a ) the depth of subterranean space that is specified in the State title for that land; or ( b ) if no such depth is specified, subterranean space to ‑30.000 metres from the Singapore Height Datum. [3B [11/2015]


document_id: sla-1920
provision_ref: s10
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 10
title: Easement of subjacent support
content:
10. —(1) To avoid doubt, it is further declared that for all purposes, there is implied — ( a ) as belonging to each parcel of land — an easement for the subjacent support by any other parcel of land capable of affording such subjacent support; and ( b ) as affecting each parcel of land — an easement for the subjacent support of any other parcel of land that is capable of being so supported. [11/2015] (2) Subject to subsections (3) and (7), the easement implied under subsection (1) also entitles the grantee or lessee of the parcel of land that is the dominant tenement — ( a ) to erect or install within subterranean space any structure necessary for the support of the parcel of land, including underpinning or strengthening any building on that parcel of land; ( b ) to maintain, replace, renew or restore any such structure erected or installed for the support of that parcel of land; and ( c ) to have, upon giving reasonable notice, any access to the servient tenement (through agents and employees) that is reasonably required for erecting or installing any structure mentioned in paragraph ( a ), or for maintaining, replacing, renewing or restoring any such structure. [11/2015] (3) The person entitled to the benefit of the easement implied under subsection (1) — ( a ) cannot exercise any rights under the easement in a way that unreasonably prevents another person from enjoying the use and occupation of the other person’s land; and ( b ) must, when exercising any rights under the easement, take reasonable steps to minimise damage to land or other property from work or activities carried out in the exercise of those rights. [11/2015] (4) Without affecting subsection (2), the easement implied under subsection (1) confers and imposes all ancillary rights and obligations reasonably necessary to make it effective. [11/2015] (5) The easements implied under this section take effect and are enforceable without any registration or notification under the Land Titles Act 1993 on the folios relating to the parcel of land concerned. [11/2015] (6) In this section, any reference to a grantee or lessee of any parcel of land is a reference to the Government if the parcel of land is not the subject of any State title. [11/2015] (7) Nothing in this section — ( a ) derogates from the requirements or effect of any other written law for the time being in force relating to planning and use of land or to building and construction, or from any rule of law relating to lateral support for land; or ( b ) prevents the exercise by any public authority or any licensed provider of a utility service of any power under any other written law in good faith and with reasonable care. [3C [11/2015]


document_id: sla-1920
provision_ref: s11
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 11
title: Form of grant
content:
11. —(1) Every grant or lease of State land issued under this Part must be in the prescribed form and must be signed by the Collector. Reservation in favour of State of rights in respect of mineral oil in grants and leases made by State (2) In every such grant and in every lease made by the Crown or the State after 3 May 1907, there is implied, in the absence of an express provision to the contrary, a condition with respect to the land comprised in the grant or lease to the effect that there is reserved to the State or its grantees the right to enter upon the land and to search for and take any mineral oil which may be found in or on the land upon paying to the grantee or lessee of the land such compensation for any damage occasioned thereby as may be assessed by the Collector. Difference as to compensation to be settled by arbitration (3) If any person so entitled to compensation is dissatisfied with the compensation as assessed by the Collector, the difference between them must be referred to arbitration, and the sending in by that person of a claim to compensation after the Collector has made an offer of compensation in writing must be treated as a submission to arbitration under the Arbitration Act 2001. [9/2009] Implied condition as to claims of right of way (4) In every grant or lease made by the Crown or the State after 1 December 1915, there is implied, in the absence of an express provision to the contrary, by virtue of this Act in respect of the land comprised in the grant or lease the condition that where any claim is made to the Collector by the owner or occupier of any land adjacent to the land comprised in the grant or lease for a right of way from the owner’s or occupier’s lands over the land comprised in the grant or lease to facilitate the owner’s or occupier’s access to the nearest public road — ( a ) the Collector may mark out for the purpose a road or way over the land comprised in the grant or lease; ( b ) in that case the owner or occupier of those adjacent lands making the claim is entitled to pass and repass with or without animals or vehicles over the road or way so marked out, making full compensation for damage done to growing crops and permanent improvements; and ( c ) the expense of making and maintaining any road or way used for the purpose must be borne by the owner or occupier of those adjacent lands using it, and any dispute relating thereto must be settled by the Collector whose decision is final. [9/2009] Presumption as to grant of estate in perpetuity (5) Every grant of land issued under subsection (1) before 1 March 1961 is deemed to confer an estate in perpetuity on the grantee. [4


document_id: sla-1920
provision_ref: s12
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 12
title: Death of grantee or lessee
content:
12. —(1) Where a grant or lease has been issued under this Act, or a certificate has been issued by the Collector pursuant to Part 3 of the Land Titles Act 1993, to an individual who, unknown to the Collector, was deceased at the date of the issue of the grant or lease or Collector’s Certificate and pursuant to the issue of such grant, lease or certificate the Registrar of Titles has issued a certificate of title to the deceased — ( a ) the personal representative of the deceased may apply to the Registrar of Titles to have the certificate of title duly amended and endorsed with the personal representative’s name as the registered proprietor of the land comprised in the certificate of title in place of the deceased; and ( b ) the Registrar of Titles, if he or she is satisfied that the personal representative has obtained a grant of probate of the will or letters of administration of the estate of the deceased or has been vested with authority to act as such personal representative (as the case may be) must make the appropriate amendment and endorsement on the certificate of title, and the State grant or lease affected, and thereupon section 109 of the Land Titles Act 1993 applies with the necessary modifications. (2) For the purposes of this section, “personal representative” includes — ( a ) an executor, whether original or by representation; ( b ) an administrator; or ( c ) a trustee, for the time being of the estate of a deceased. [5


document_id: sla-1920
provision_ref: s13
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 13
title: Implied covenants in statutory grant
content:
13. —(1) In every grant issued under this Part, there is implied, in the absence of an express provision to the contrary, all the following covenants by the grantee with the Government: ( a ) that the grantee, the grantee’s executors, administrators and assigns will pay at the time and place prescribed in relation to the land described in the grant, the rent (if any) mentioned in the grant payable in respect of the grant by reason of the periodical revisions mentioned in section 16; ( b ) that the grantee, the grantee’s executors, administrators and assigns will maintain in substantial repair all landmarks by which the boundaries of the land are defined; ( c ) that the grantee, the grantee’s executors, administrators and assigns will not use any portion of the land for the burial of a human body without the Minister’s written permission; ( d ) that the grantee, the grantee’s executors, administrators and assigns will not assign or demise the land in parcels or otherwise than the entirety thereof except in the case of a lease for a term not exceeding 7 years. (2) The burden of the covenants mentioned in subsection (1) runs with the land comprised in the grant. (3) If the grantee assigns the land comprised in a grant issued under this Part, and the assignment is duly registered in accordance with the law for the time being in force relating to registration, the personal liability of the grantee in respect of future rent which becomes due under the grant after the date of such registration ceases as from that date. [6


document_id: sla-1920
provision_ref: s14
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 14
title: Implied conditions in grants and leases
content:
14. —(1) Every grant or lease under this Part is also subject, in the absence of an express provision to the contrary, to all the following agreements and conditions in respect of the land comprised in the grant or lease: ( a ) that there is reserved to the State a royalty of 10% of the gross produce of all mines and minerals other than laterite found in or upon the land; ( b ) that earth, clay, gravel, sand and stone and other materials which may at any time be required for the roads, public buildings or other public purposes of Singapore may be taken and removed by or on behalf of the State from the land (not being the site of a messuage or dwelling house, or of any building attached or adjoining to the messuage or dwelling house, and not being the curtilage, garden or orchard of the messuage or dwelling house or the close in which the same is built or pleasure grounds adjoining and belonging to the messuage or dwelling house) without compensation except for actual damage done to growing crops, roads, paths, fruit trees or buildings; ( c ) that the officers of the Government and their workmen are at all times to have free access to the land for the purpose of making drains and sewers, and laying down water pipes, electric and telegraph wires, and other underground communications, and using, repairing and maintaining the same; ( d ) that the Collector and any officer authorised by him or her in writing are at all times to have free access to the land; ( e ) that in case of breach of or default in observing any of the implied covenants mentioned in section 13 other than those for the payment of rent and the maintenance of landmarks, the Collector or any officer authorised by him or her in writing, may, on behalf of the State, re‑enter on the land, or on any portion of the land in the name of the whole, and upon the re‑entry the same is forfeited to and vests in the Government. [9/2009] (2) Every grant or lease under this Part issued after 1 January 1936 is also subject, in the absence of an express provision to the contrary, to all the following agreements and conditions in respect of the land comprised in the grant or lease: ( a ) that the grantee or lessee, and the executors, administrators and assigns of the grantee or lessee, will not at any time, without the President’s written consent and subject to any conditions that the President considers fit, open, work or dig for any oil, mines, minerals, quarries, laterite, clay, gravel or sand (except materials for the making of or repairing new or existing roads on the land) but will to the utmost of his, her or its power keep the oil, mines, minerals, quarries, laterite, clay, gravel or sand pits or deposits unopened and unworked; ( b ) that in case of breach of or default in observing the agreement mentioned in paragraph ( a ) or any such conditions mentioned therein the same powers of re‑entry and forfeiture apply to the land as are by subsection (1)( e ) applied to the breaches and defaults mentioned in that subsection. [7


document_id: sla-1920
provision_ref: s15
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 15
title: Assignee bound by covenants in State grants or leases, etc.
content:
15. —(1) An assignee of, or any person who becomes a proprietor of, any land in Singapore is bound by the exceptions, reservations or covenants (restrictive or otherwise) contained in the Crown grant or lease, or State grant or lease, irrespective of whether the assignee or proprietor has notice (actual or constructive) of such exceptions, reservations or covenants. (2) This section applies to all grants and leases issued before, on or after 15 January 1981. [8


document_id: sla-1920
provision_ref: s16
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 16
title: Rent reserved and periodical revision of rate of rent
content:
16. —(1) The sum (if any) reserved to the Crown or the State as rent in a grant issued under this Part is payable by the grantee, the grantee’s executors, administrators or assigns annually from the date of the grant up to 31 December 1914, the rent for each year being payable on 1 January in that year, and subsequently until the revision mentioned in this section. (2) As soon as may be after 1 January 1915 and thereafter as soon as may be at the end of every 30 years, the Minister may revise the rent so reserved and fix the sum which is payable for the then current term of 30 years, or the remainder of the term, but so that the rent payable in any such term of 30 years does not exceed by more than 50% the rent which was payable in the immediately preceding term. (3) In making such revision, improvements made by the landholder or the landholder’s predecessors in title must not be taken into account. (4) In making such revision, the Minister need not consider each grant separately, but may fix certain areas, and make a general revision in respect of all lands situated within those areas. (5) The Minister may make rules for the purpose of carrying out the provisions of this section. (6) All such rules must be presented to Parliament as soon as possible after publication in the Gazette. (7) If a resolution is passed pursuant to a motion (notice of which has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the rules made under this section are presented to Parliament) annulling the rules or any part of the rules as from a specified date, the rules or such part thereof (as the case may be) become void as from that date but without affecting the validity of anything previously done under the rules or part of the rules or to the making of new rules. [9


document_id: sla-1920
provision_ref: s17
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 17
title: Land granted for religious purposes, etc., when resumable
content:
17. —(1) Any land granted or leased by or on behalf of the Crown or the State or the former East India Company free of rent, or at merely nominal rent, as a building site for a religious edifice, or otherwise for religious or charitable purposes, is forfeited to and vests in the Government if at any time the land or the building on the land is applied without the written consent of the President to purposes other than those (if any) specified in the grant or lease. [9/2009] (2) For the purpose of giving effect to any provision of any international convention, treaty or agreement to which Singapore is a party, the Minister may, by order in the Gazette , vest in the Government any estate or interest in land pursuant to such provisions and specified in the order, and upon the coming into operation of any such order, the estate or interest to which the order relates vests, by virtue of that order and without any conveyance, assignment or further assurance, in the Government free from encumbrances. [9/2009] (3) This section applies to all grants and leases whenever made. [10


document_id: sla-1920
provision_ref: s18
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 18
title: Issue of State title or Collector’s Certificate pending final survey of land area
content:
18. —(1) Pending the issue of a grant or lease for any State land, the Collector may, where the circumstances so require, issue a Collector’s Certificate in respect of any land which has not been surveyed and demarcated to the satisfaction of the Collector and the survey has not yet been approved by the Chief Surveyor and include a caution as to the inconclusiveness of the boundaries and dimensions of the land. (2) Despite subsection (1), the Collector may, where applicable, issue a grant or lease for any parcel of land even though its land area is only an estimated area as shown in a plan filed with and approved by the Chief Surveyor and include a caution as to the inconclusiveness of the boundaries and dimensions of the land. (3) For the purposes of subsections (1) and (2), the Collector may require the intended grantee or lessee to engage a registered surveyor to carry out a survey in accordance with the provisions of the Land Surveyors Act 1991 and the Chief Surveyor must forward the plan to the Collector after it has been filed with and approved by the Chief Surveyor. (4) With regard to all land alienated under subsection (1) or (2) and which has been taken possession of with the Collector’s agreement, payment of the rent reserved under an agreement for alienation may be demanded and enforced as if a grant or lease had been issued for a parcel of land with conclusive land area and boundaries. [11


document_id: sla-1920
provision_ref: s19
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 19
title: Agreement to be called in where title issued after survey
content:
19. —(1) At any time after the survey of any land occupied by virtue of an agreement entered into under section 18, the Collector may, by a written notice duly served as prescribed, require the occupier of the land by virtue of the agreement to deliver up the agreement to the Collector to be cancelled. (2) In exchange for the agreement when so delivered up, a grant or lease must be issued in accordance with the terms of the agreement. [12


document_id: sla-1920
provision_ref: s20
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 20
title: Surrender of title
content:
20. —(1) If the owner of the land comprised in any Crown grant or lease, or State grant or lease, desires to surrender the owner’s title to the land in exchange for one or more new titles for development, subdivision or other purposes, the owner may apply to the President to accept the surrender of the owner’s existing title to the land and, in lieu thereof, to regrant one or more titles for the whole of the land or in parcels, subject to any terms and conditions imposed by the President for accepting the surrender. (2) When the President is satisfied with the title of the applicant and the applicant has agreed to accept all the terms and conditions imposed by the President under subsection (1), the President has to accept a surrender of the grant or lease and issue to the applicant, in lieu of the grant or lease surrendered, one or more new grants or leases for the land or in parcels. (3) The applicant must pay all costs and expenses of, or consequent on, the application. [13


document_id: sla-1920
provision_ref: s21
chapter: PART 1 - STATUTORY GRANTS AND LEASES
section: 21
title: Surrender of State lease with a view to grant of new State lease
content:
21. —(1) A State lease (called in this section the original State lease) may be surrendered, whether before or after 4 August 1995, with a view to accepting a new State lease in place of the original State lease, without a surrender of any sublease derived out of the original State lease. [9/2009] (2) A new State lease may be granted and accepted, in place of any original State lease so surrendered, without any such surrender of a sublease specified in subsection (1), and the new State lease operates as if all subleases derived out of the original State lease had been surrendered before the surrender of the original State lease was effected. [9/2009] (3) The lessee under the new State lease and any person deriving title under the lessee is entitled to the same rights and remedies in respect of the rent reserved by and the covenants, agreements and conditions contained in any sublease as if the original State lease had not been surrendered but was or remained vested in the lessee. [9/2009] (4) Each sublessee and any person deriving title under the sublessee is entitled to hold and enjoy the land comprised in the sublease (subject to the payment of any rent reserved by and to observance of the covenants and conditions contained in the sublease) as if the original State lease out of which the sublease was derived had not been surrendered. [9/2009] (5) The Government in granting the new State lease is entitled to the same remedies, by distress or entry in and upon the land comprised in any such sublease for rent reserved by or for breach of any covenant, agreement or condition contained in the new State lease (so far only as the rents reserved by or the covenants, agreements or conditions contained in the new State lease do not exceed or impose greater burdens than those reserved by or contained in the original State lease out of which the sublease is derived) as the Government would have if — ( a ) the original State lease had not been surrendered; or ( b ) a new sublease derived out of the new State lease had been granted to the sublessee or a person deriving title under the sublessee, as the case may be. [9/2009] (6) For the purposes of subsection (5), the imposition of any covenant restricting the use or development of land comprised in a new State lease is not to be regarded as imposing a greater burden than those covenants contained in the original State lease. (7) This section does not affect the powers of the court to give relief against forfeiture. [13A


document_id: sla-1920
provision_ref: s22
chapter: PART 2 - GRANTS IN FEE SIMPLE
section: 22
title: Grants in fee simple
content:
22. —(1) Subject to section 20, grants in fee simple must not be issued otherwise than in accordance with this Part. (2) Every grant in fee simple issued under this Part must be in the prescribed form and must be signed by the Collector. [14


document_id: sla-1920
provision_ref: s23
chapter: PART 2 - GRANTS IN FEE SIMPLE
section: 23
title: Corrected and amended grants
content:
23. The President may, where former grants are surrendered, make grants, or amended grants, in fee simple in any of the following cases: ( a ) when any lands have been held in fee simple under a grant which is found to be defective in the description of the lands intended to be thereby granted owing to incorrect survey or otherwise, and that grant has been surrendered by the holder of the grant to the intent that the holder may receive in lieu thereof a new grant correctly describing the lands and hereditaments intended to be conveyed by the surrendered grant; ( b ) when in consequence of any dispute regarding the boundaries of any land comprised in a grant in fee simple, or for any like cause, it has been agreed between the owner of the land and the President that the owner must surrender the grant to the intent that the owner may receive an amended grant in lieu of the grant surrendered. [15


document_id: sla-1920
provision_ref: s24
chapter: PART 2 - GRANTS IN FEE SIMPLE
section: 24
title: Surrender and regrant
content:
24. When for the convenience of the Government the owner of any land held under a grant in fee simple surrenders the grant to the intent that the owner may receive a grant in lieu thereof, the President is to issue a grant in lieu thereof in fee simple for land either in the same place or elsewhere, or for land partly in the same place and partly elsewhere, except that the land to be held under the new grant is approximately equal in value to the land held under the grant to be surrendered. [16


document_id: sla-1920
provision_ref: s25
chapter: PART 2 - GRANTS IN FEE SIMPLE
section: 25
title: Housing and Development Board’s interest in land
content:
25. Where land held under a grant in fee simple has been or is acquired by the Government for the purposes of the Housing and Development Board at the cost of the Board’s funds or of any funds exclusively allocated for those purposes, and has been or by the acquisition becomes vested in the State, the President may, at the request of the Chairperson of the Board, issue to the Board one or more grants of that land or any part of that land in fee simple. [17


document_id: sla-1920
provision_ref: s26
chapter: PART 2 - GRANTS IN FEE SIMPLE
section: 26
title: Grants in fee simple of unrequired road reserve or strip of State land
content:
26. Where State land constituting the whole or part of a State reserve for road, or other strip of State land, is situated adjoining land held, or to be held, by any person under a grant in fee simple, and that State land is no longer required, or not required by the State as such a reserve, or otherwise, the President may issue to that person a grant of that State land or any part of that State land in fee simple. [18


document_id: sla-1920
provision_ref: s27
chapter: PART 3 - GENERAL
section: 27
title: Power to make rules
content:
27. —(1) The Minister may make rules to carry out the purposes of this Act and, in particular, the Minister may make rules for all or any of the following matters: ( a ) the fees to be collected by the Collector; ( b ) the form of grants, leases, grants in fee simple, and other instruments for the purposes of this Act. (2) All rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette . (3) If a resolution is passed pursuant to a motion (notice of which has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the rules made under this section are presented to Parliament) annulling the rules or any part of the rules as from a specified date, the rules or such part thereof (as the case may be) become void as from that date but without affecting the validity of anything previously done under the rules or part of the rules or to the making of new rules. [19


document_id: sla-1920
provision_ref: s28
chapter: PART 3 - GENERAL
section: 28
title: Fees to be paid to Authority
content:
28. —(1) All fees collected in connection with any service provided by the Commissioner of Lands or Collector under this Act or any rules made under this Act must be paid into the funds of the Authority. [17/2001] (2) Subsection (1) does not apply to any premium, rents or any other consideration paid to the Commissioner of Lands or Collector in exchange for any rights or interest in land which must be paid into the Consolidated Fund. [19A [17/2001]


document_id: sla-1920
provision_ref: s29
chapter: PART 3 - GENERAL
section: 29
title: Erection and repair of wall, bank, etc.
content:
29. —(1) Every owner or occupier of land abutting on State land must define and keep defined the boundary between the land so owned or occupied and the adjoining State land by some wall, bank, drains, fence, road or path, or other sufficient means so as to show the whole extent of the boundary. [9/2009] (2) In default of the owner or occupier so doing, the Collector may call upon the owner or occupier by a written notice duly served as prescribed to define or renew the whole or any part of the boundary in the manner aforesaid. (3) If the defining or renewal of the boundary is not commenced within 30 days from the date the notice is served and diligently proceeded with, the Collector may cause the boundary to be defined or renewed and recover twice the amount of the cost necessarily incurred in defining or renewing the boundary as if the cost were an arrear of rent due to the State in respect of the land. [20


document_id: sla-1963
provision_ref: s2
section: 2
title: Removal of unlawful occupants of lands used for the purposes of any Malaysian forces
content:
2. —(1) The provisions of this section shall apply to lands used or to be used for the purposes of any military, naval or air forces of Malaysia. (2) A Magistrate’s Court, on the information of the Federal Lands Commissioner or a person authorised by him that any person is in unlawful occupation of any land to which this section applies, may issue a summons for the appearance before the Court of the person informed against; and on his appearing to the summons or (in default of his appearance thereto) on proof of service of the summons the Court may proceed in a summary way to hear and determine the information. (3) If on the hearing of the information the Court is satisfied of the truth thereof, the Court shall by warrant require any police officer specified in the warrant forthwith to dispossess and remove such person from the land, and on behalf of the Federal Lands Commissioner to take possession of the land together with all crops growing thereon and all buildings and other immovable property upon and affixed to the land; and the warrant may be executed by any police officer into whose hands the warrant may come, whether or not it is addressed to him.


document_id: slaa-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Singapore Land Authority established under section 3; “Chairperson” means the Chairperson of the Authority and includes any temporary Chairperson of the Authority; “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity; “debenture” includes debenture stock; “Deputy Chairperson” means the Deputy Chairperson of the Authority and includes any temporary Deputy Chairperson of the Authority; “land” includes foreshores and any interest in land; “member” means any member of the Authority; “public authority” means any board, body or authority established by or under any written law to perform or discharge any public function; “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” includes stock; “State land” means all land in Singapore except — ( a ) land lawfully granted, or contracted to be granted, in fee simple or estate in perpetuity by or on behalf of the Government; ( b ) land subject to any agreement, lease or licence lawfully granted by or on behalf of the Government; and ( c ) land dedicated as national parks or nature reserves, and includes any land which, having been granted or held under any agreement, lease or licence, has been lawfully surrendered or resumed or compulsorily acquired, and any land which, having been lawfully held by any person for any estate or interest, has been or is lawfully forfeited to, or by any means has reverted or reverts to, the Government; “State title” includes any grant in fee simple or estate in perpetuity, any State lease (of whatever tenure) and any temporary occupation licence. [5/2018]


document_id: slaa-2001
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment and incorporation of Singapore Land Authority
content:
3. A body called the Singapore Land Authority is established, which is a body corporate with perpetual succession and is, by that name, capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering all such other acts or things as a body corporate may lawfully do or suffer.


document_id: slaa-2001
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Common seal
content:
4. —(1) The Authority must have a common seal and the seal may be broken, changed, altered or made anew as the Authority thinks fit. (2) All deeds and other documents requiring the seal of the Authority must be sealed with the common seal of the Authority. (3) All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Chief Executive for the purpose or by one member and the Chief Executive. (4) All courts, judges and persons acting judicially are to take notice of the imprint of the common seal of the Authority appearing on any document and presume that it was duly affixed.


document_id: slaa-2001
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Constitution of Authority
content:
5. —(1) The Authority consists of the following members: ( a ) a Chairperson; ( b ) a Deputy Chairperson; ( c ) not less than 8 but not more than 20 other members as the Minister may determine. (2) The First Schedule has effect with respect to the Authority, its members and its proceedings.


document_id: slaa-2001
provision_ref: s6
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 6
title: Functions and duties of Authority
content:
6. —(1) Subject to the provisions of this Act, it is the function and duty of the Authority — ( a ) to optimise land resources; ( b ) to provide secure, reliable and effective registration systems for recording transactions relating to land in Singapore in accordance with the Land Titles Act 1993, the Land Titles (Strata) Act 1967 and the Registration of Deeds Act 1988; ( c ) to manage and maintain the cadastral survey system in Singapore as a foundation for land title, any spatial reference database or information system and for the purposes of any written law, including regulating the conduct of cadastral survey in Singapore; ( d ) to promote, develop or contribute to the development of an integrated spatial reference database or information system relating to land tenure, land transactions, land ownership, land boundaries and other related geographical information so as to facilitate the exchange and dissemination between the Government, public authorities, educational institutions and persons in the private sector of such information; ( e ) to act as agent of the Government in — (i) the acquisition of land under the Land Acquisition Act 1966 or any other method, or the resumption or forfeiture of land under the State Lands Act 1920, the State Lands Protection Act 2022 or any other law; [Act 42 of 2022 wef 01/11/2024] (ii) the administration and management of all State lands and buildings on State lands in accordance with the Foreshores Act 1920, the Sand and Granite Quarries Act 1970, the State Lands Act 1920, the State Lands Protection Act 2022 and any other written law; [Act 42 of 2022 wef 01/11/2024] (iii) the allocation and disposal of State land or grant of any State title to any person or public authority in accordance with the Foreshores Act 1920, the State Lands Act 1920 and any other written law; and (iv) the assessment, collection and recovery of any land betterment charge payable under the Land Betterment Charge Act 2021, and any premium (including differential premium), rent, royalty, fee or charge for or in connection with the mining or working of land for minerals, or with the disposition of any State land or grant of any State title or the exercise of any rights under any State title; [Act 11 of 2021 wef 01/08/2022] ( ea ) to cooperate and collaborate with the competent authority in the discharge of its functions under the Planning Act (Cap. 232) or the Planning Act 1998, when it is revised and citable by that short title; [Act 11 of 2021 wef 01/08/2022] ( f ) to administer the Residential Property Act 1976; ( g ) to report to and advise the Government on matters relating to land survey, land tenure, land transactions, land ownership, land boundaries and the administration, management, allocation, acquisition and disposition of State land; ( h ) to maintain and provide access by the public to documents and information relating to land survey, land tenure, land transactions, land ownership, land boundaries, State lands, State titles and other related matters kept or maintained by the Authority; ( i ) to manage technical cooperation and exchange in the area of land survey and land resource administration and management with other persons and organisations, including foreign organisations and international intergovernmental organisations, on its own or on behalf of the Government; ( j ) to represent the Government internationally in respect of matters relating to land survey and land resource administration and management; ( k ) to provide training, advice and assistance in relation to land survey and land resource administration and management to any Government department or any public authority, or to authorities of other countries and territories which administer and manage public lands and resources; ( l ) to provide administrative support services to the Land Surveyors Board in the performance of its functions under the Land Surveyors Act 1991; and ( m ) to exercise any other functions and duties conferred on the Authority by or under this Act or any other written law. (2) In carrying out its functions, the Authority must — ( a ) have regard to efficiency and economy and to the social, industrial, commercial and economic needs of Singapore; and ( b ) as far as practicable, promote, develop and provide facilities or services that facilitate or are necessary for land planning, land infrastructure development and maintenance, and economic growth in Singapore. (3) In addition to the functions and duties imposed by this section, the Authority may undertake any other functions that the Minister may assign to the Authority and in so doing, the Authority is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Authority in respect of those functions. (4) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.


document_id: slaa-2001
provision_ref: s7
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 7
title: Powers of Authority
content:
7. —(1) The Authority has power to do anything for the purpose of discharging its functions under this Act or under any other written law, or which it may consider advantageous, necessary or convenient to the discharge of those functions and in particular, may — ( a ) formulate and implement policies to optimise land resources and build up the supporting infrastructure; ( b ) administer systems for the recording and registration of transactions relating to land under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 and the Registration of Deeds Act 1988; ( c ) collect, compile and analyse information relating to land tenure, geography, transactions relating to land or other subject matter necessary or connected with the establishment and maintenance of an integrated spatial reference database or information system (and related products and services) or the performance of any of its other functions, and make available, publish or disseminate such information, products or services or the results of such compilation or analysis; ( d ) prescribe, regulate or implement measures, guidelines and standards on any matter related to or connected with land survey and land registration; ( e ) prescribe policies, standards and common methods of capturing geographical and other information and information relating to land tenure, land transactions, land ownership, land boundaries and other related matters so as to facilitate the mutual exchange and dissemination of such information; ( f ) levy any charges or fees that are reasonable for services and facilities provided by the Authority; ( g ) form or participate in the formation of any company or in any joint venture as a shareholder or partner or in any other capacity, with any firm, body corporate, society or institution for the purposes of this Act or any other written law and to share profits; ( h ) subscribe for or acquire any securities and shares of an incorporated company or other body corporate, procure its admission to membership of an incorporated company limited by guarantee, promote the formation of or participate in the promotion of an incorporated company or acquire an undertaking or part of an undertaking; ( i ) engage in conjunction with other authorities, international agencies or organisations in any study or cooperation project related to or connected with land resource administration and management or in the promotion of land administration and management; ( j ) regulate and control any activity related to or connected with the network of survey control marks in Singapore; ( k ) enter into contracts for itself or for the Government for the supply of goods or materials or for the execution of works or any other contract as may be necessary for the discharge of its duties and functions under this Act or any other written law; ( l ) lease, let, develop or otherwise utilise any property, movable or immovable, vested in or acquired by the Authority on the terms and conditions that the Authority thinks fit; ( m ) provide financial loans, advances, grants, aid or assistance to any person for all or any of the purposes of this Act; ( n ) provide bursaries, scholarships and training grants in the field of land administration and management; ( o ) receive donations, grants, gifts, subsidies and contributions from any source and raise funds by all lawful means; ( p ) make provision for pensions, gratuities, allowances or other benefits for employees or former employees of the Authority; ( q ) grant or guarantee loans to officers or employees of the Authority for any purpose specifically approved by the Authority; ( r ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Authority and members of their families; and ( s ) do any other acts incidental to any of its functions and powers. (2) This section is not to be construed as limiting any power of the Authority conferred by or under any other written law.


document_id: slaa-2001
provision_ref: s8
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 8
title: Power to request for information
content:
8. —(1) Without affecting section 7, the Authority, or any officer authorised on its behalf, may request any person to provide the Authority with information relating to land tenure, land transactions, land ownership, land boundaries or other geographical information. (2) A request under subsection (1) — ( a ) must be in writing; ( b ) must be served on the person to whom it is addressed; ( c ) must specify the particulars of information required; ( d ) may specify the form in which and the time within which the information is to be provided; ( e ) may require the information to be provided periodically at or within the time or times and in the form or forms specified in the request; and ( f ) may specify the place or manner at or in which the information is to be delivered. (3) Any person who — ( a ) wilfully refuses or without lawful excuse (the proof of which lies on the person) neglects — (i) to provide the information required within the time allowed in any request under subsection (1) for providing the information; (ii) to provide the information in the form specified in any request under subsection (1); or (iii) to deliver the information at the place or in the manner specified in any request under subsection (1) for the delivery thereof; or ( b ) wilfully provides or causes to be provided any false information in respect of any matter specified in a request under subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. (4) Nothing in this section obliges or binds any person to provide any information not in the person’s possession or which the person is prohibited by law from disclosing.


document_id: slaa-2001
provision_ref: s9
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 9
title: Directions by Minister
content:
9. —(1) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority must provide the Minister with any information in respect of its property and activities in the manner and at the times that the Minister may require.


document_id: slaa-2001
provision_ref: s10
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 10
title: Appointment of committees and delegation of powers
content:
10. —(1) The Authority may appoint from among its own members or from other persons who are not members any number of committees that it thinks fit for purposes which, in the opinion of the Authority, would be better regulated and managed by means of those committees. (2) The Authority may, subject to any conditions or restrictions that it thinks fit, delegate to any committee appointed under subsection (1) or to the Chairperson or Chief Executive or to any other member, officer or employee of the Authority any of the functions or powers of the Authority under this Act or any other written law. [5/2018] (3) Any function or power delegated under subsection (2) to any committee or person may be performed or exercised by the committee or person to whom it has been delegated in the name and on behalf of the Authority.


document_id: slaa-2001
provision_ref: s11
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 11
title: Chief Executive, officers and employees, etc.
content:
11. —(1) There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on any terms and conditions that the Authority determines, any other officers, employees, consultants and agents that may be necessary for the effective performance of its functions. [5/2018]


document_id: slaa-2001
provision_ref: s12
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 12
title: Protection from personal liability
content:
12. —(1) No suit or other legal proceedings shall lie personally against any member, officer or employee of the Authority or any other person acting under the direction of the Authority for anything which is in good faith and with reasonable care done or omitted to be done in the execution or purported execution of this Act or any other written law. [Act 42 of 2022 wef 01/11/2024] (2) Where the Authority provides a service to the public by which information is supplied to the public pursuant to any written law, neither the Authority nor any of its members, officers or employees involved in the supply of the information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of any nature appearing in the information or however caused if made in good faith and in the ordinary course of the discharge of the duties of that member, officer or employee. 13. [ Repealed by Act 5 of 2018 ]


document_id: slaa-2001
provision_ref: s14
chapter: PART 5 - FINANCIAL PROVISIONS
section: 14
title: Funds and property of Authority
content:
14. The funds and property of the Authority consist of — ( a ) grants made under section 19; ( b ) all moneys paid to the Authority by way of grants, subsidies, donations, gifts and contributions; ( c ) all fees and charges payable to the funds of the Authority under any written law; [Act 42 of 2022 wef 01/11/2024] ( d ) all moneys received by the Authority by way of charges and fees for services rendered by the Authority to any person, including any collection agency fee; ( e ) all moneys derived from the disposal, lease or hire of, or any other dealing with, any property vested in or acquired by the Authority; ( f ) all accumulations of income derived from any such property or money, including any gains made on the sale of any investment of such money, and interest or gains thereon; ( g ) all moneys borrowed by the Authority under this Act; and ( h ) all other moneys and property lawfully received by the Authority for the purposes of the Authority.


document_id: slaa-2001
provision_ref: s15
chapter: PART 5 - FINANCIAL PROVISIONS
section: 15
title: Application of moneys
content:
15. The moneys of the Authority for any financial year must be applied in defraying the following charges: ( a ) the remuneration, fees and allowances of the members of the Authority; ( b ) the salaries, fees, remuneration, pensions, superannuation allowances and gratuities of the officers, agents, employees, advisers and former employees of the Authority; ( c ) working and establishment expenses and expenditure on, or provision for, the maintenance of any of the property of the Authority, and the discharge of the functions of the Authority properly chargeable to revenue account; ( d ) expenses incurred or incidental to the investment or management of the moneys or property of the Authority; ( e ) interest on any loan raised by the Authority; ( f ) sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the repayment of borrowed money; ( g ) any sums that may be deemed appropriate to set aside in respect of depreciation or renewal of the property of the Authority, having regard to the amount set aside out of revenue under paragraphs ( c ) and ( f ); ( h ) the cost, or any portion of the cost, of any new works, plant, vessels or appliances not being a renewal of the property of the Authority, which the Authority may determine to charge to revenue; ( i ) any sums by way of contribution, for the purposes associated with the objects of this Act that the Authority may determine, to the public or for charities; and ( j ) any other expenditure authorised by the Authority and properly chargeable to revenue account.


document_id: slaa-2001
provision_ref: s16
chapter: PART 5 - FINANCIAL PROVISIONS
section: 16
title: Bank accounts
content:
16. —(1) The Authority must open and maintain an account or accounts with such bank or banks as the Authority thinks fit. (2) Every such account must be operated by such person or persons authorised to do so by the Authority.


document_id: slaa-2001
provision_ref: s17
chapter: PART 5 - FINANCIAL PROVISIONS
section: 17
title: Minister’s approval of estimates
content:
17. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Authority, be sent without delay to the Minister. [5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates. [5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Authority, and the Authority is bound by the Minister’s decision. [5/2018]


document_id: slaa-2001
provision_ref: s18
chapter: PART 5 - FINANCIAL PROVISIONS
section: 18
title: Power of investment
content:
18. The Authority may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004]


document_id: slaa-2001
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Grants
content:
19. For the purpose of enabling the Authority to carry out its functions under this Act, the Minister may make grants to the Authority of such sums of money as the Minister may determine out of moneys to be provided by Parliament.


document_id: slaa-2001
provision_ref: s20
chapter: PART 5 - FINANCIAL PROVISIONS
section: 20
title: Power to borrow
content:
20. For the discharge of its functions or duties under this Act or any other written law, the Authority may raise loans from the Government or, with the approval of the Minister for Finance, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by — ( a ) mortgage, overdraft or otherwise; ( b ) charge, whether legal or equitable, on any property vested in the Authority or on any other revenue receivable by the Authority under this Act or any other written law; or ( c ) the creation and issue of debentures or bonds.


document_id: slaa-2001
provision_ref: s21
chapter: PART 5 - FINANCIAL PROVISIONS
section: 21
title: Financial year
content:
21. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year. [5/2018]


document_id: slaa-2001
provision_ref: s30
chapter: PART 7 - MISCELLANEOUS
section: 30
title: Symbol or representation of Authority
content:
30. —(1) The Authority has the exclusive right to the use of any symbol or representation that the Authority may select or devise and to display or exhibit the symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Authority or which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: slaa-2001
provision_ref: s31
chapter: PART 7 - MISCELLANEOUS
section: 31
title: Powers of enforcement
content:
31. —(1) In addition to the powers conferred by this Act or any other written law, an officer or employee of the Authority may, in relation to any offence under this Act or any written law set out in the Third Schedule, on declaration of his or her office and production to the person against whom he or she is acting of the identification card directed by the Chief Executive to be carried by officers or employees of the Authority — ( a ) require any person whom the officer or employee reasonably believes to have committed that offence to furnish evidence of the person’s identity; ( b ) require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from such book or document; and ( c ) require, by written order, the attendance before the officer or employee of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case. (2) Any person who — ( a ) refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Authority in the discharge of the duties by that officer or employee under this Act or that other written law; ( b ) wilfully misstates or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of the person by an officer or employee of the Authority under subsection (1); or ( c ) fails to comply with a lawful demand of an officer or employee of the Authority in the discharge of the duties by that officer or employee under this Act or that other written law, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: slaa-2001
provision_ref: s32
chapter: PART 7 - MISCELLANEOUS
section: 32
title: Offences committed by bodies corporate, etc.
content:
32. —(1) Where an offence under this Act which has been 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, a director, manager, secretary or any similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (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 or management as if the member were a director of the body corporate. (3) Proceedings for an offence under this Act alleged to have been committed by a partnership must be brought in the name of the partnership and not in that of the partners; but without affecting any liability of the partners under subsection (5). (4) A fine imposed on a partnership on its conviction in such proceedings must be paid out of the partnership assets. (5) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly.


document_id: slaa-2001
provision_ref: s33
chapter: PART 7 - MISCELLANEOUS
section: 33
title: Composition of offences
content:
33. —(1) The Chief Executive or any officer authorised by the Chief Executive may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000. (2) On payment of the sum, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund. [Act 42 of 2022 wef 01/11/2024]


document_id: slaa-2001
provision_ref: s34
chapter: PART 7 - MISCELLANEOUS
section: 34
title: Proceedings conducted by officers of Authority
content:
34. —(1) Proceedings in respect of an offence under this Act or under any written law set out in the Third Schedule may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Authority who is authorised in writing in that behalf by the Chief Executive. [15/2010] (2) Despite any written law, a legal officer of the Authority who has been admitted as an advocate and solicitor under the Legal Profession Act 1966 may — ( a ) appear in any civil proceedings involving the Authority or any Registrar in the performance of the Registrar’s functions or duties under any written law so specified; and ( b ) make and do all acts and applications in respect of such proceedings on behalf of the Authority or any Registrar, as the case may be. (3) [ Deleted by Act 42 of 2022 wef 01/11/2024 ] (4) The Minister may, by order in the Gazette , amend the Third Schedule. (5) For the purposes of this section, “Registrar” means — ( a ) the Registrar of Titles appointed under the Land Titles Act 1993; ( b ) the Registrar of Deeds appointed under the Registration of Deeds Act 1988; or ( c ) the Controller of Residential Property appointed under the Residential Property Act 1976.


document_id: slaa-2001
provision_ref: s35
chapter: PART 7 - MISCELLANEOUS
section: 35
title: Preservation of secrecy
content:
35. —(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by any written law, a person who is or has been a member, an officer, employee or an agent of the Authority or a member of a committee of the Authority must not disclose any information or matter relating to the affairs of the Authority or of any other person which has been obtained by the person in the performance of the person’s duties or the exercise of the person’s functions. [5/2018] (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: slaa-2001
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS
section: 36
title: Rules
content:
36. —(1) The Authority may make rules for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Authority may make rules for or with respect to all or any of the following matters: ( a ) the manner of appointment, conduct and discipline and the terms and conditions of service of the employees of the Authority; ( b ) the establishment of funds for the payment of gratuities and other benefits to employees of the Authority.


document_id: slaa-2001
provision_ref: s37
chapter: PART 7 - MISCELLANEOUS
section: 37
title: References in other written law
content:
37. —(1) Where in any written law reference is made to the Land Office, the Survey Department or the Singapore Land Registry, the reference is to be read as a reference to the Authority. (2) The Registry of Deeds mentioned in the Registration of Deeds Act 1988 and the Land Titles Registry mentioned in the Land Titles Act 1993 are transferred to the Authority and all references in any written law to the Registry of Deeds or the Land Titles Registry are to be read as references to the Registry of Deeds or the Land Titles Registry (as the case may be) of the Authority.


document_id: slfa-1977
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Directors constituted under section 7(1); “Chairperson” means the Chairperson of the Board elected in accordance with section 7(3); “director” means a member of the Board of Directors mentioned in section 7(1); “Foundation” means the Singapore Labour Foundation established under section 3; “general meeting” means an annual general meeting or extraordinary general meeting of the Foundation; “member” means a member of the Foundation; “National Trades Union Congress” means the National Trades Union Congress registered under the Trade Unions Act 1940; [Act 17 of 2023 wef 01/07/2023] “virtual meeting technology” means any technology that allows a person to participate in a meeting without being physically present at the place of meeting. [Act 17 of 2023 wef 01/07/2023]


document_id: slfa-1977
provision_ref: s3
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 3
title: Establishment and incorporation of Foundation
content:
3. A body corporate called the Singapore Labour Foundation is established, which — ( a ) has perpetual succession; ( b ) has a common seal; ( c ) may sue and be sued in its corporate name; ( d ) may perform any other acts that bodies corporate may by law perform; and ( e ) may exercise any powers that are conferred by this Act.


document_id: slfa-1977
provision_ref: s4
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 4
title: Objects
content:
4. The objects of the Foundation are to — ( a ) promote the welfare of the members of the labour movement in Singapore and of the families of the members; [Act 30 of 2024 wef 01/11/2024] ( b ) participate, aid and assist in social, economic or educational programmes and undertakings relating to the development of the labour movement in Singapore; [Act 30 of 2024 wef 01/11/2024] ( c ) provide bursaries, scholarships and fellowships for — (i) children of members of trade unions and platform work associations affiliated to the National Trades Union Congress and of members of other organisations that are associate affiliates of the National Trades Union Congress; [Act 30 of 2024 wef 01/11/2024] (ii) workers from Singapore or elsewhere who pursue studies or undergo training in Singapore in fields that are relevant to trade unions and platform work associations; and [Act 30 of 2024 wef 01/11/2024] (iii) persons nominated by the National Trades Union Congress to pursue studies in institutions of higher learning in Singapore or elsewhere; ( d ) award fellowship and awards in institutions of higher learning for research in matters relating to the labour movement; [Act 30 of 2024 wef 01/11/2024] ( e ) establish and maintain industrial rehabilitation centres; ( f ) construct and maintain suitable premises for the use of trade unions, platform work associations and co-operative societies managed by trade unions, platform work associations or both in Singapore; and [Act 30 of 2024 wef 01/11/2024] ( g ) assist by way of grants, donations or otherwise such charitable, educational or other work, object or endeavour in Singapore or elsewhere as the Board considers desirable in the interests of, or for the furtherance of, the labour movement or co‑operative movement in Singapore or elsewhere. [Act 30 of 2024 wef 01/11/2024]


document_id: slfa-1977
provision_ref: s5
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 5
title: Powers
content:
5. For the purpose of carrying out the objects of the Foundation, the Board may — ( a ) purchase, take on lease, hire, or otherwise acquire any real or personal property which may be considered necessary or convenient for any of the objects of the Foundation; ( b ) sell, manage, lease, mortgage, dispose of, or otherwise deal with, all or any part of the property of the Foundation; ( c ) receive any gift of any nature for one or more of the objects of the Foundation; ( d ) take any steps by personal or written appeals, public meetings or otherwise, that may be considered necessary or expedient by the Board, to obtain funds for the Foundation in the shape of contributions, donations, annual subscriptions or otherwise, and generally raise funds by all lawful means to carry out the objects of the Foundation; ( e ) borrow money in any manner that the Board may think fit; ( f ) invest the moneys of the Foundation not immediately required for its purposes in or upon any investments, securities or property that the Board may think fit, subject nevertheless to the conditions (if any) and the consents (if any) that may, for the time being, be imposed or required by law; ( g ) utilise the corpus and income of the Foundation in any manner that the Board may think fit for the purpose of carrying out the objects of the Foundation; ( h ) appoint one or more committees consisting of directors alone or any combination of directors and members (so long as there is, in the latter case, on each committee one director who is to be chairperson of that committee) for any object, power or purpose set out in this Act (other than the power to borrow money) which, in the opinion of the Board, would be better or more conveniently regulated, managed or carried out by means of a committee; and ( i ) do any other lawful acts or things that are necessary, incidental or conducive to the attainment of the objects of the Foundation.


document_id: slfa-1977
provision_ref: s6
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 6
title: Members of Foundation
content:
6. —(1) The Foundation consists of any number of members that the Board may admit to membership. (2) Without limiting subsection (1), the Board may admit as members bodies or organisations affiliated to the National Trades Union Congress or any person, company or association who or which is a benefactor of the Foundation. (3) A member must pay the entrance fee (if any) and annual subscription that the Board may determine from time to time. (4) A member may resign from the Foundation at any time by giving notice of the member’s resignation to the Board, but the member remains liable for any subscription or other sums as may be due to the Foundation on the date of the member’s resignation. (5) The Board may at any time terminate the membership of any member — ( a ) if the member has a mental disorder and becomes incapable of managing himself or herself or his or her affairs; ( b ) if the member becomes a bankrupt or suspends payment to, or makes any arrangement or composition with, the member’s creditors; ( c ) if the member, being a company or an association or a body of persons, corporate or unincorporated, becomes insolvent or suspends payment to, or makes any arrangement or composition with, its creditors or goes into liquidation; ( d ) if the member fails to pay any annual subscription or other fees due to the Foundation; ( e ) if the member, being an affiliate or associate affiliate of the National Trades Union Congress, ceases to be so affiliated; ( f ) if a resolution is passed at a general meeting of the Foundation that the member should cease to be a member of the Foundation; or ( g ) for any other reason that to the Board may seem just or proper.


document_id: slfa-1977
provision_ref: s7
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 7
title: Management of affairs of Foundation
content:
7. —(1) The affairs of the Foundation are to be managed by a Board of Directors which consists of — ( a ) 3 directors to be appointed by the Minister on the advice of the National Trades Union Congress; ( b ) 2 directors to be appointed by the Minister; and ( c ) 2 directors to be elected at the annual general meeting of the Foundation. (2) The directors hold office for a term of 3 years and are eligible for re‑appointment at the end of their term of office. (3) The Board must elect a Chairperson and a Deputy Chairperson from among its directors. (4) The Minister may, at any time, revoke any appointment made by him or her under subsection (1)( a ) or ( b ) without giving any reason; and any director elected under subsection (1)( c ) may be removed by a resolution passed at a general meeting of the Foundation.


document_id: slfa-1977
provision_ref: s8
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 8
title: Engagement of employees
content:
8. The Board may engage any employees that it considers necessary and may regulate their duties and fix their salaries.


document_id: slfa-1977
provision_ref: s9
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 9
title: General administrative control of work of Foundation
content:
9. The Board may appoint one of the directors to exercise, subject to the Board’s direction, general administrative control over the work of the Foundation, and any appointment so made may be honorary, or at the Board’s discretion, remunerated at the rate that the Board may determine.


document_id: slfa-1977
provision_ref: s10
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 10
title: Meetings of Board
content:
10. —(1) The Chairperson must summon meetings of the Board as often as may be necessary but not less frequently than once in 3 months. (2) At every meeting of the Board, 4 directors form a quorum, and decisions are to be adopted by a simple majority of the votes of the directors present and voting, except in the case of an equality of votes when the Chairperson, or the person presiding at the meeting, has a casting vote. (3) The Chairperson, or in his or her absence the Deputy Chairperson, presides at meetings of the Board. (4) If both the Chairperson and the Deputy Chairperson are absent from a meeting of the Board, the director whom the directors present select presides at the meeting. (5) Subject to subsection (2), the Board is not precluded from holding any meeting or acting in any matter merely by reason of any vacancy in its membership. (6) Subject to the provisions of this Act, the Board may regulate its own proceedings, including the holding of meetings, the notice to be given of the meetings, the proceedings at the meetings, the use of virtual meeting technology at the meetings, the keeping of minutes and the custody, production and inspection of the minutes. [Act 17 of 2023 wef 01/07/2023]


document_id: slfa-1977
provision_ref: s11
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 11
title: Validity of acts of directors
content:
11. The acts of a director are valid despite any defect that may subsequently be discovered in the director’s appointment or qualifications.


document_id: slfa-1977
provision_ref: s12
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 12
title: Annual general meeting
content:
12. —(1) The Foundation must hold an annual general meeting as near as may be in the same month each year as determined by the Board. (2) The business to be transacted at each annual general meeting is, inter alia, to — ( a ) consider the annual statements of account and the report of the auditors; ( b ) consider the annual report of the activities of the Foundation; ( c ) appoint auditors in accordance with section 21 and to fix their remuneration; ( d ) elect a director or directors under section 7(1)( c ) if a vacancy exists or vacancies exist; and ( e ) consider any other matter or business affecting the Foundation.


document_id: slfa-1977
provision_ref: s13
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 13
title: Extraordinary general meeting
content:
13. —(1) Upon receipt of a requisition in writing by at least 100 members or one-quarter of the total number of members, whichever is less, the Secretary to the Board must forthwith convene an extraordinary general meeting of the Foundation. (2) The requisition must state the objects of the meeting and must be signed by the requisitionists and deposited at the office of the Foundation. (3) Despite subsection (1), the Secretary to the Board must convene an extraordinary general meeting of the Foundation at any time that the Board thinks this necessary and must, in the notice convening the meeting, state the objects of the meeting.


document_id: slfa-1977
provision_ref: s14
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 14
title: Notice of general meeting
content:
14. —(1) The Board must send a notice of every general meeting to the members at least 14 days prior to the meeting being held, and the notice must specify the date, time and place for the holding of the meeting, the nature of the business to be transacted at the meeting and, in case of special business, concise particulars of the special business. (2) The accidental omission to give the notice to, and the non‑receipt of the notice by, a member does not invalidate the proceedings at any meeting.


document_id: slfa-1977
provision_ref: s15
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 15
title: Venue of general meeting
content:
15. Every general meeting of the Foundation must be held at the office of the Foundation or at any other place that may be specified by the Board.


document_id: slfa-1977
provision_ref: s16
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 16
title: Quorum at general meetings
content:
16. —(1) One-quarter of the total number of members of the Foundation as recorded in the register of members forms a quorum at all general meetings. (2) If, within half an hour after the time appointed for a general meeting, a quorum is not present, the meeting stands adjourned to the same day in the next week at the same place and time; and if, at the adjourned meeting, a quorum is not present within half an hour after the time appointed for the meeting, the persons entitled to vote who are present constitute a quorum. (3) The Chairperson, or in his or her absence the Deputy Chairperson, is entitled to take the chair at any general meeting; but in the absence of the Chairperson and the Deputy Chairperson, any director, or in the absence of any director any member, appointed by the members present is entitled to take the chair. (4) Every question arising at a general meeting must, unless a poll be demanded by a member, be decided on a show of hands; and every member present is entitled to vote, and in the case of an equality of votes, the person presiding at the meeting has a casting vote. (5) The Board must cause minutes to be kept of all proceedings at every general meeting of the Foundation.


document_id: slfa-1977
provision_ref: s16A
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 16A
title: Arrangements for meetings
content:
16A. —(1) This section applies to the following types of meetings: ( a ) an annual general meeting of the Foundation; ( b ) an extraordinary general meeting of the Foundation. (2) The Foundation may hold a meeting to which this section applies — ( a ) at a physical place; ( b ) at a physical place and using virtual meeting technology; or ( c ) using virtual meeting technology only. (3) Where the Foundation holds a meeting to which this section applies under subsection (2)( b ) or ( c ), the meeting may be held without any number of those participating in the meeting being together at the same place. (4) Where a meeting to which this section applies is held (whether wholly or partly) using virtual meeting technology — ( a ) a reference in this Act to any person (including any member of the Foundation) present at a meeting includes a person who attends the meeting using virtual meeting technology; ( b ) subject to paragraph ( d ), a reference in this Act to a vote of a member of the Foundation at a meeting includes a vote by electronic means or any other means that the Board may determine; ( c ) subject to paragraph ( d ), a reference in this Act to the entitlement of a person to vote at a meeting includes, where the person is present by virtual meeting technology, the entitlement to vote by electronic means or any other means that the Board may determine; ( d ) a reference in this Act to voting by a person on a show of hands at a meeting includes, where the person is present by virtual meeting technology, voting by the person by electronic means or any other means that the Board may determine but only if the person can be identified — (i) by any method that may be prescribed relating to the verification or authentication of the identity of persons attending the meeting; or (ii) if no method is so prescribed, by any method that the Board may determine; and ( e ) a reference in this Act to an income and expenditure account, a balance sheet, a financial report or other document being caused to be laid before the Foundation at a meeting includes the relevant document being caused to be produced or made available — (i) on a website; or (ii) by any other means that the Board may determine. [Act 17 of 2023 wef 01/07/2023]


document_id: slfa-1977
provision_ref: s16B
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 16B
title: Technological disruptions, etc., in meetings
content:
16B. A meeting to which section 16A(2)( b ) or ( c ) applies is not invalidated by reason of any technological disruption, malfunction or outage unless the court — ( a ) is of the opinion that the technological disruption, malfunction or outage has caused or may cause substantial injustice that cannot be remedied by any order of the court; and ( b ) by order declares the meeting to be invalid. [Act 17 of 2023 wef 01/07/2023]


document_id: slfa-1977
provision_ref: s17
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 17
title: Custody of documents
content:
17. The register of members, the minutes of proceedings of all general meetings of the Foundation and of all meetings of the Board and all books of account of the Foundation must be kept at the office of the Foundation and must, subject to any rules that may be in force, be open to inspection by members, provided that the written permission of the Chairperson or of a director is obtained prior to the inspection.


document_id: slfa-1977
provision_ref: s18
chapter: PART 2 - THE FOUNDATION AND THE BOARD
section: 18
title: Accounts
content:
18. —(1) The Board must open and maintain any account or accounts with a bank or banks that it considers necessary. (2) The Board must cause proper books of account to be kept with respect to — ( a ) all sums of money received and expended by the Foundation and all matters in respect of which receipt and expenditure takes place; ( b ) all sales and purchases of goods by the Foundation; and ( c ) the assets and liabilities of the Foundation.


document_id: slfa-1977
provision_ref: s19
chapter: PART 3 - MISCELLANEOUS
section: 19
title: Application of income and property
content:
19. —(1) Subject to subsection (2), the income and property of the Foundation from wherever derived must be applied solely towards the promotion of the objects of the Foundation as set out in section 4, and no portion of that income or property may be paid or transferred directly or indirectly by way of dividend, bonus, profit or otherwise to members or directors. (2) Nothing in subsection (1) is to be construed as preventing the payment, in good faith, of — ( a ) remuneration to employees of the Foundation; ( b ) remuneration to the director charged with general administrative control over the work of the Foundation as provided in section 9; ( c ) out-of-pocket and travelling expenses to any director; and ( d ) other proper charges and expenses of the Foundation.


document_id: slfa-1977
provision_ref: s19A
chapter: PART 3 - MISCELLANEOUS
section: 19A
title: Issue of shares, etc.
content:
19A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Foundation under this Act, or of any capital injection or other investment by the Government in the Foundation in accordance with any written law, the Foundation must issue the shares or other securities to the Minister for Finance that the Minister for Finance may direct.


document_id: slfa-1977
provision_ref: s20
chapter: PART 3 - MISCELLANEOUS
section: 20
title: Presentation of accounts
content:
20. The Board must, at every annual general meeting, cause to be prepared and to be laid before the Foundation an income and expenditure account, a balance sheet and a financial report in respect of the preceding year.


document_id: slfa-1977
provision_ref: s21
chapter: PART 3 - MISCELLANEOUS
section: 21
title: Auditors
content:
21. The auditors to be appointed by the Foundation at a general meeting must be public accountants within the meaning of the Companies Act 1967.


document_id: slfa-1977
provision_ref: s22
chapter: PART 3 - MISCELLANEOUS
section: 22
title: Annual report
content:
22. The Board must, as soon as practicable after the close of each financial year, submit to the Minister an annual report on the activities of the Foundation during that year, and the Minister must cause a copy of every such report to be presented to Parliament.


document_id: slfa-1977
provision_ref: s23
chapter: PART 3 - MISCELLANEOUS
section: 23
title: Protection from liability for bona fide acts
content:
23. No matter or thing done and no contract of any kind entered into by the Board and no matter or thing done by any director or member or by any employee engaged by the Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act, subject any such director, member or employee to any action, liability, claim or demand whatsoever in respect thereof.


document_id: slfa-1977
provision_ref: s24
chapter: PART 3 - MISCELLANEOUS
section: 24
title: Common seal
content:
24. —(1) The Foundation must have and may use the common seal which may be broken, changed, altered or made anew as the Board may think fit. (2) The Board must provide for the safe custody of the seal which must only be used by the authority of the Board and every instrument to which the seal is affixed must be signed by the Chairperson or a director and must be countersigned by a second director or some other person appointed by the Board for the purpose; and such signing is sufficient evidence that the common seal of the Foundation has been duly and properly affixed and that the seal is the lawful seal of the Foundation.


document_id: slfa-1977
provision_ref: s25
chapter: PART 3 - MISCELLANEOUS
section: 25
title: Rules
content:
25. —(1) The Board may make rules, not inconsistent with the provisions of this Act, for the carrying into effect of any of the purposes or provisions of this Act. (2) All rules made under this section must be published in the Gazette .


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


document_id: slpa-2022
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. In this Act, unless the context otherwise requires — “animal” means — ( a ) any fish, mollusc, crustacea or other form of aquatic life; ( b ) any reptile; ( c ) any bird; ( d ) any livestock or domestic fowl; or ( e ) any mammal (other than man); “authorised officer”, for any provision of this Act, means an individual who is appointed as an authorised officer under section 29 for the purposes of that provision; “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001; “Collector” has the meaning given by the Land Revenue Collection Act 1940; “Commissioner of Lands” means the Commissioner of Lands appointed under section 6(1) of the State Lands Act 1920; “compliance period”, for an encroachment notice — ( a ) means the period specified in the encroachment notice within which the person given the encroachment notice must comply with it; and ( b ) includes any extension of that period under section 33, if granted; “corporation” means any body corporate formed or incorporated or existing in or outside Singapore and includes any foreign company within the meaning of the Companies Act 1967; “damage” includes to contaminate; “director” has the meaning given by section 4(1) of the Companies Act 1967; “encroachment notice” means a notice given under section 12; “enforcement officer” means an individual who is appointed under section 30 as an enforcement officer; “erect”, in relation to a structure, includes any work carried out in constructing, installing, creating, replacing, maintaining, renewing or restoring a structure; “forest product” means the product of trees and other vegetation (such as timber and fruits) that are of economic value; “goods” means movable property of any kind, and includes — ( a ) any sand, soil, rocks, building material or building component; ( b ) any device, equipment or machinery or any part of any device, equipment or machinery; ( c ) any live animal or insect; and ( d ) any packaging, freight container, pallet or like article of transport, but does not include choses in action; “holding yard” means a place used by or under the management or control of the Authority for the storage of removed material; “land” includes — ( a ) any structure or premises in, under or over the land; and ( b ) any foreshore; “lawful authority” means with the permission of the Authority, or as required or allowed by or under any written law; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “objection” means an objection given under section 15 to an encroachment notice; “objection period”, for an encroachment notice — ( a ) means the period specified in the encroachment notice within which the person given the encroachment notice may give an objection if the person objects to and does not wish to comply with the encroachment notice; and ( b ) includes any extension of that period under section 33, if granted; “offence under this Act” includes an offence under any subsidiary legislation made under this Act; “park”, in relation to a vehicle or vessel, means as follows: ( a ) to bring the vehicle to a stationary position and cause it to wait for any purpose; ( b ) to moor the vessel and cause it to be secured in a stationary position on the water; “partner”, in relation to a limited partnership, includes a limited partner in the limited partnership; “public authority” means a body established by or under any public Act to perform a public function; “removed material” means any of the following that is moved or removed by an authorised officer under section 13(2)( a ) or ( b ): ( a ) any vehicle or vessel or a part thereof; ( b ) any animal (dead or alive); ( c ) any waste, goods, structure or other thing; “repealed Act” means the State Lands Encroachments Act 1883 repealed by this Act; “State land” has the meaning given by section 3; “structure” includes any of the following: ( a ) a building, including a building constructed of short‑lived materials; ( b ) a post, pile, stake, pipe, chain, wire or any other similar thing fixed to the ground; ( c ) a dock, wharf or jetty, or a floating structure that is or is to be permanently moored; ( d ) a tunnel, foundation or pit, or an underpass or excavation works; ( e ) a drain, canal, culvert or lined water channel; ( f ) a seawall, revetment, groyne, weir or dyke; ( g ) a billboard, signboard, hoarding, fence, partition, sun‑shading device or canopy, an awning or advertising structure, or a platform, safety netting or other temporary structure; ( h ) a roof, cladding, curtain wall, bracket, cornice or other exterior feature of a building that is installed on, forms part of or projects outwards from a building; ( i ) a road or path; ( j ) a flyover, overpass, viaduct or bridge, whether or not only for pedestrians or vehicles; ( k ) any works for the reclamation of land that are or are liable to be, or would, but for the reclamation, be or be liable to be, covered wholly or partly by water; “substance”, in relation to State land, includes earth, stone, clay, gravel, sand, shell, minerals, mineral oil, natural gas and other materials found on, in or forming part of the State land; “unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose; “vehicle” means any vehicle (whether mechanically propelled or otherwise) that is designed to transport goods, people or goods and people, on land; “vessel” means a boat, launch or floating craft used in navigation by water, however propelled or moved; “waste” means any of the following, whether or not recyclable: ( a ) any garbage, rubbish or refuse; ( b ) any construction debris, demolition debris or renovation debris; ( c ) any solid or liquid waste matter (whether domestic or commercial), and includes ashes, any dead animal, landscaping material, and garden cuttings or clippings or other plant matter; ( d ) any other material, substance or thing (whether or not of a similar kind) deposited at a place if its size, shape, nature or volume adversely affects the proper use of the place.


document_id: slpa-2022
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “State land”
content:
3. —(1) Subject to subsections (2), (3) and (4), in this Act, State land means land in Singapore — ( a ) that is unalienated land; ( b ) that vests in the Government or becomes State land because of the operation of this Act, or a declaration or other instrument under another Act, and remains unalienated land; ( c ) that is surrendered to the Government by the owner of the land or holder of a lease for that land and remains unalienated land; or ( d ) that is the subject of a notification in the Gazette made under the provisions of section 3 or 5 of the Land Acquisition Act 1966 unless the notification is cancelled before possession of the land is taken by a Collector under that Act. (2) Land ceases to be State land if — ( a ) the land is sold, or lawfully contracted to be sold, and the purchase price or other consideration (if any) for the sale has been received by the Government (or a person on behalf of the Government), regardless of whether — (i) the purchaser is recorded in the register of titles as the registered proprietor of the land or by the creation of one or more folios for that land; or (ii) one or more folios for that land is created under the Land Titles Act 1993; or ( b ) the land is lawfully contracted to be sold by award of tender and the deposit has been received by the Government or a person on behalf of the Government. (3) However, land to which subsection (2)( b ) applies becomes State land again if the purchaser fails to complete the purchase. (4) None of the following parcels of land is treated as State land for the purposes of this Act: ( a ) unalienated land that is set aside under the Parks and Trees Act 2005 as a national park, nature reserve or public park, or as green verges or turfed open spaces to be managed and maintained by the National Parks Board; ( b ) unalienated land that is a drainage reserve within the meaning of the Sewerage and Drainage Act 1999; ( c ) unalienated land that is within the railway area delineated in plans and maps prepared, amended or replaced under section 5(1) or (5) of the Cross‑Border Railways Act 2018; ( d ) unalienated land that is railway premises or a railway within the meaning of the Rapid Transit Systems Act 1995; ( e ) a public street within the meaning of the Street Works Act 1995; ( f ) a street reserve that is vested in the Government under section 14 of the Street Works Act 1995; ( g ) a backlane (within the meaning of the Street Works Act 1995) vested in the Government. (5) In this section, “unalienated land” means land in Singapore in respect of which no grant (whether in fee simple or in perpetuity) or lease, and no licence to occupy, is granted or issued, under any of the following: ( a ) the Foreshores Act 1920; ( b ) the State Lands Act 1920; ( c ) the State Lands Ordinance 1886; ( d ) the Crown Lands Ordinance 1886.


document_id: slpa-2022
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Purposes of Act
content:
4. The purposes of this Act are to ensure that State land is protected from damage and improper use so as — ( a ) to facilitate the public use and enjoyment of appropriate State land; ( b ) to facilitate infrastructure and economic development on State land; and ( c ) to support the management of State land in a way that both the land and its resources are sustained in perpetuity.


document_id: slpa-2022
provision_ref: s5
chapter: PART 2 - IMPROPER USE OF STATE LAND
section: 5
title: Unauthorised activities
content:
5. —(1) A person commits an offence if the person, without lawful authority, intentionally does any of the following: ( a ) occupy or live on State land; ( b ) erect a structure on, under or over State land; ( c ) clear, dig up or cultivate State land; ( d ) interfere with any substance on, in or forming part of State land; ( e ) deposit or leave on State land any waste, goods or any other thing (whether or not of a similar kind); ( f ) park or leave any vehicle or vessel, or part of a vehicle or vessel, on State land; ( g ) damage or enclose State land; ( h ) cut, strip, obtain, remove, destroy or damage any vegetation on State land; ( i ) dig for, extract, obtain, remove, destroy or damage any forest product from State land; ( j ) abandon or release any animal (for which the person is responsible) onto State land; ( k ) cause or allow any activity mentioned in paragraph ( a ), ( b ), ( c ), ( d ), ( e ), ( f ), ( g ), ( h ), ( i ) or ( j ) to be carried out. (2) An offence under this section is an arrestable offence. (3) In proceedings against an accused for an offence under this section, it is not necessary for the prosecution to prove that the accused knew or had reason to believe that the land where the offence was committed is State land. (4) For the purposes of subsection (1)( d ), “interfere”, in relation to a substance on, in or forming part of State land, includes remove, cut, dig up, quarry, extract, disturb, displace, or stack and heap, the substance.


document_id: slpa-2022
provision_ref: s6
chapter: PART 2 - IMPROPER USE OF STATE LAND
section: 6
title: Penalty for section 5 offence
content:
6. —(1) Subject to subsection (2), a person who is guilty of an offence under section 5(1) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (2) Where a person commits an offence under section 5(1)( e ) — ( a ) by depositing or leaving, involving the use of a motor vehicle or vessel, any waste, goods or any other thing (whether or not of a similar kind) on State land without lawful authority; or ( b ) by causing or allowing an activity mentioned in paragraph ( a ) without lawful authority, and the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both. (3) In this section — “motor vehicle” means a vehicle that — ( a ) is propelled wholly or partly by a motor, or by any means other than human or animal power; ( b ) has 4 or more wheels; and ( c ) is used or intended to be used on any road, and includes such a motor vehicle that is constructed to drive itself; “repeat offender”, in relation to any offence under section 5(1)( e ), means a person — ( a ) who is convicted, or found guilty, of such an offence committed involving the use of a motor vehicle or vessel (called the current offence); and ( b ) who has, within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, been — (i) convicted or found guilty of the same offence committed involving the use of a motor vehicle or vessel (whether or not a continuing offence) on at least one other earlier occasion; or (ii) convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of an offence under section 7(1)( b ) of the repealed Act committed involving the use of a motor vehicle or vessel.


document_id: slpa-2022
provision_ref: s7
chapter: PART 2 - IMPROPER USE OF STATE LAND
section: 7
title: Defences
content:
7. —(1) In proceedings against an accused for an offence under section 5, 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 been expected to know, that the land concerned was State land. (2) In addition, in proceedings against an accused for an offence under section 5 for erecting any structure in any subterranean space that is State land, it is a defence for the person charged to prove, on a balance of probabilities, that — ( a ) the person, or the company or association or body of persons of which the person is a director, manager, partner, secretary or other officer, is entitled to exercise rights under the easement of support implied under section 10 of the State Lands Act 1920; ( b ) the erecting of the structure is in accordance with section 10 of the State Lands Act 1920; and ( c ) the person, or the company or association or body of persons of which the person is a director, manager, partner, secretary or other officer, is authorised by or under the written law for the time being in force relating to planning and use of land to erect the structure.


document_id: slpa-2022
provision_ref: s8
chapter: PART 2 - IMPROPER USE OF STATE LAND
section: 8
title: Additional orders upon conviction
content:
8. —(1) Without limiting section 359 of the Criminal Procedure Code 2010, the court before which any person is convicted or found guilty of an offence under section 5 in relation to any State land may order that person to pay, in addition to any fine imposed for the offence, to the Authority as agent of the Government — ( a ) the value of any substance removed from the State land; ( b ) the value of any forest products taken from the State land or damaged or destroyed; ( c ) the costs and expenses incurred by the Authority or an authorised officer in connection with — (i) prevention, control, abatement or mitigation of any damage to the State land caused by the commission of the offence; or (ii) making good any resulting damage to the State land; ( d ) compensation for any loss or damage suffered by the Government by reason of the commission of the offence; or ( e ) the costs and expenses incurred by an electricity licensee, a gas licensee or the Public Utilities Board in complying with an order of court under subsection (4)( a ), ( b ) or ( c ), as applicable. (2) Any sum ordered to be paid under subsection (1) may be recovered in the manner provided for the recovery of fines by the Criminal Procedure Code 2010. (3) In addition to subsection (1), the court before which any person is convicted or found guilty of an offence under section 5 in relation to any State land may order that person to take such steps, and within such time, as is so specified in order — ( a ) to prevent, control, abate or mitigate any damage to the State land caused by the commission of the offence; ( b ) to make good any resulting damage to the State land; ( c ) to prevent the continuance or recurrence of the offence, such as — (i) to leave the State land which is the subject of the offence; (ii) to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition; or (iii) to remove from the State land any vehicle or vessel (or part thereof), animal (dead or alive), waste, goods or other thing (whether or not of a similar kind); or ( d ) to do a combination of anything in paragraphs ( a ), ( b ) and ( c ). (4) In addition to subsections (1) and (3), the court before which any person is convicted or found guilty of an offence under section 5 with respect to any State land may order all or any as follows despite any agreement made for the supply of electricity, gas or water: ( a ) order an electricity licensee to discontinue the supply of electricity to that person with respect to the State land; ( b ) order a gas licensee to disconnect or divert the supply of gas to that person with respect to the State land; ( c ) order the Public Utilities Board to stop, divert or turn off the supply of water by severing or disconnecting any pipe or other work through which water is supplied to that person with respect to the State land. (5) No criminal or civil liability shall be incurred by — ( a ) an electricity licensee, a gas licensee or the Public Utilities Board; or ( b ) any person acting on behalf of the electricity licensee, gas licensee or Public Utilities Board, in respect of anything done or omitted to be done with reasonable care and in good faith in the discharge or purported discharge of the obligations of the electricity licensee, gas licensee or Public Utilities Board (as the case may be) under an order of the court mentioned in subsection (4)( a ), ( b ) or ( c ). (6) In this section — “electricity licensee” has the meaning given by the Electricity Act 2001; “gas licensee” has the meaning given by the Gas Act 2001.


document_id: slpa-2022
provision_ref: s9
chapter: PART 2 - IMPROPER USE OF STATE LAND
section: 9
title: Interim injunction before conviction
content:
9. —(1) Where the Commissioner of Lands has reasonable cause to believe — ( a ) that a person is committing an offence under section 5 on any State land; and ( b ) that it is necessary or expedient for an interim injunction under this section to be made, the Commissioner of Lands may apply to a court for an interim injunction, whether or not the Commissioner of Lands has exercised any of his or her other powers under Part 3. (2) On an application under subsection (1), the court may make an interim injunction against a person who is alleged to be committing or have committed an offence under section 5 on any State land, if the court is satisfied, on a balance of probabilities — ( a ) that the person is committing or has committed an offence under section 5 on the State land; ( b ) that due to the commission of that offence — (i) irreparable damage or harm is or is being, or is likely to be, caused to the State land, or other land adjacent to that State land; (ii) the State land is in such a condition as to collapse or partially collapse, or to cause a collapse or partial collapse of other land adjacent to that State land; or (iii) the State land is otherwise dangerous or likely to be otherwise dangerous in any other way to persons on or near the State land; ( c ) that it is impracticable in the circumstances of the particular case for proceedings under Part 3 to effectively prevent, alleviate or minimise the damage, collapse or danger mentioned in paragraph ( b ); and ( d ) that it is necessary or expedient for an interim injunction under this section to be made to prevent, alleviate or minimise the damage, collapse or danger mentioned in paragraph ( b ), before criminal proceedings against the person conclude. (3) An interim injunction under this section may be made whether or not it appears to the court that the person intends to continue to commit the offence under section 5. (4) An interim injunction may order the person concerned to do, within the time specified in the injunction, all or any of the following as is specified in that injunction, pending criminal proceedings: ( a ) to leave the State land; ( b ) to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition; ( c ) to remove from the State land any vehicle or vessel (or part thereof), animal (dead or alive), waste or goods or any other thing, whether or not of a similar kind; ( d ) to stop removing or to not remove from the State land, any goods, substances or forest products or any other thing, whether or not of a similar kind. (5) Where the Commissioner of Lands makes an application to a court for the grant of an interim injunction under this section, the court may not require the Authority, as a condition of granting the interim injunction, to give any undertaking as to damages.


document_id: slpa-2022
provision_ref: s10
chapter: PART 2 - IMPROPER USE OF STATE LAND
section: 10
title: Information about unlawful depositing, etc., using vehicle
content:
10. —(1) Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under section 5(1)( e ) — ( a ) the owner of the motor vehicle must give any information that the owner may be required to give by an authorised officer or enforcement officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and ( b ) any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must, if so required by an authorised officer or enforcement officer, give any information which it is in that other person’s power to give and which may lead to the identification of the driver or passengers of the motor vehicle at or about that time. (2) A person who, without reasonable excuse, fails to comply with subsection (1) within 14 days after the date on which the information was required from the person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (3) A person is not excused from giving any information required of the person under subsection (1) on the ground that the disclosure of the information might tend to incriminate the person. (4) In subsection (1) — ( a ) a reference to a motor vehicle includes a reference to a vessel; and ( b ) a reference to a driver of a motor vehicle includes a reference to a pilot of a vessel.


document_id: slpa-2022
provision_ref: s11
chapter: PART 2 - IMPROPER USE OF STATE LAND
section: 11
title: Prosecution does not affect and unaffected by other actions
content:
11. The prosecution of a person for an offence under section 5 does not affect, and is unaffected by, any other proceeding or action taken under any other Part of this Act in relation to the conduct giving rise to the offence.


document_id: slpa-2022
provision_ref: s12
chapter: PART 3 - PROCEEDINGS TO STOP ENCROACHMENT
section: 12
title: Encroachment notice
content:
12. —(1) If an authorised officer has reasonable cause to believe that a person is committing an offence under section 5 on any State land, the authorised officer may give the person an encroachment notice relating to the State land. (2) An encroachment notice relating to any State land may direct the person to whom it is given, to do all or any of the following as is specified in the notice: ( a ) to leave the State land; ( b ) to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition; ( c ) to remove from the State land, any vehicle or vessel (or part thereof), any animal (dead or alive), waste or goods, or any other thing, whether or not of a similar kind; ( d ) to stop removing or to not remove from the State land, any goods, substances or forest products or any other thing, whether or not of a similar kind; ( e ) to do, or to refrain from doing, any works that are specified in the encroachment notice in order — (i) to rectify any damage to the State land as a result of; or (ii) to restore the State land to its state before, any unlawful activity mentioned in section 5 done by the person, or caused or allowed by the person. (3) An encroachment notice relating to any State land must state — ( a ) the period — (i) within which the person must comply with the encroachment notice (called in this Act the compliance period); and (ii) within which the person may give an objection if the person objects to and does not wish to comply with the encroachment notice (called in this Act the objection period); ( b ) that any thing or works required to be done must be carried out with due diligence to the satisfaction of the Commissioner of Lands; and ( c ) that failure to comply with the encroachment notice is an offence and may result in proceedings under this Act being taken against the person unless an objection is given in accordance with this Act. (4) The objection period for an encroachment notice must not be longer than the compliance period for that encroachment notice. (5) A person who — ( a ) is given an encroachment notice; and ( b ) does not give an objection within the objection period for the encroachment notice, must take, so far as is reasonably practicable and at the person’s cost, such steps as are necessary to comply with the encroachment notice within the compliance period for that notice. (6) A person who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: slpa-2022
provision_ref: s13
chapter: PART 3 - PROCEEDINGS TO STOP ENCROACHMENT
section: 13
title: Authority may carry out encroachment notice
content:
13. —(1) Subject to section 15, where a person who is required by section 12(5) to comply with an encroachment notice relating to any State land, fails to do so within the compliance period and does not give the Authority an objection to that encroachment notice within the objection period, the Authority may do all or any of the following: ( a ) carry out, or cause to be carried out, all or any thing or work specified in the encroachment notice; ( b ) direct the person to deposit (within a period that the Authority may specify, being at least 7 days after the direction is given) an amount with the Authority that the Authority considers necessary for the purpose of paragraph ( a ). (2) Without limiting subsection (1), an authorised officer may, with any assistance that the officer considers necessary for the purpose of exercising a power under subsection (1)( a ) — ( a ) demolish or remove any structure erected on, under or over the State land, and then move or remove from the State land the structure to store at a holding yard and dispose of the resulting debris from the demolition; ( b ) move or remove from the State land any vehicle or vessel (or part thereof), any animal (dead or alive), waste or goods or any other thing (whether or not of a similar kind) by any reasonable means to store at a holding yard, including by towing the vehicle, vessel, goods or thing to a holding yard; ( c ) use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to any vehicle or vessel (or part thereof), any animal (dead or alive), waste, goods, structure or other thing (whether or not of a similar kind) mentioned in paragraph ( a ) or ( b ); or ( d ) carry out any works specified in the notice in order to rectify any damage to or to otherwise restore the State land concerned. (3) The power conferred on an authorised officer under subsection (2)( b ) may be exercised whether or not the owner, driver, rider or person in charge of the removed material is present at the time of its removal. (4) When any removed material is moved or removed by an authorised officer under subsection (2)( a ) or ( b ), the officer concerned must as soon as practicable give notice of the moving or removal and the grounds of doing so to the owner of that removed material, if known, except that the notice is not required to be given where the moving or removal is made in the presence of the owner or the owner’s agent. (5) Where it appears to the Commissioner of Lands that any removed material — ( a ) is perishable; ( b ) may rapidly depreciate in value; or ( c ) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Authority to retain custody of the removed material, the Commissioner of Lands may, instead of storing the removed material at a holding yard, cause it — ( d ) to be sold (by public auction or otherwise) at once and the proceeds of sale to be paid into the Consolidated Fund; or ( e ) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner of Lands thinks fit. (6) If a person who appears, to the satisfaction of the Commissioner of Lands, to be the owner of any removed material moved or removed under subsection (1) and not to be a person in default with complying with the encroachment notice concerned, claims — ( a ) after that removed material has been sold, destroyed or disposed of under subsection (5); but ( b ) before the end of one year starting the date the removed material was moved or removed under subsection (1), the Authority may compensate, out of the funds of the Authority, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Authority in storing and selling, destroying or disposing of the removed material.


document_id: slpa-2022
provision_ref: s14
chapter: PART 3 - PROCEEDINGS TO STOP ENCROACHMENT
section: 14
title: Recovery of expenses for executing encroachment notice
content:
14. —(1) All expenses reasonably incurred by the Authority in relation to the execution of any thing or work under section 13(1) in respect of State land and section 13(2) (including storing of any removed material) are recoverable from the person in default starting the date on which the thing or work is completed. (2) The Commissioner of Lands — ( a ) may certify the expenses due under this section and the names of the persons liable for the expenses; and ( b ) may apportion the expenses among the persons named in the certificate. (3) A copy of the certificate mentioned in subsection (2) must be given to every person named in the certificate. (4) If any sum or any part of the sum due to the Authority under this section remains unpaid at the end of one month starting the date the certificate under subsection (3) is given, or any further period that the Authority may allow, the sum or part is deemed to be arrears. (5) A certificate purporting to be made under subsection (2) by the Commissioner of Lands is prima facie evidence of the facts certified in the certificate and that the Commissioner of Lands had made the certificate. (6) The Authority must refund the deposit or any part of the deposit, after deducting any costs and expenses reasonably incurred by the Authority, if the thing or work required to be executed by the encroachment notice has been executed to the satisfaction of the Commissioner of Lands.


document_id: slpa-2022
provision_ref: s15
chapter: PART 3 - PROCEEDINGS TO STOP ENCROACHMENT
section: 15
title: Objection procedure
content:
15. —(1) A person to whom an encroachment notice is given in respect of any State land may, within the objection period for the encroachment notice, give the Authority an objection in writing (called in this Act an objection) objecting to the encroachment notice. (2) An objection must — ( a ) be signed by the person who makes it; and ( b ) state the basis for the person’s authority to do the following, whichever is applicable: (i) to occupy or live on the State land in question; (ii) to erect any structure on, under or over the State land; (iii) to carry on, or cause or allow, any activity mentioned in section 5(1)( c ), ( d ), ( e ), ( f ), ( g ), ( h ), ( i ) or ( j ); (iv) to claim an interest in any structure on, under or over the State land.


document_id: slpa-2022
provision_ref: s16
chapter: PART 3 - PROCEEDINGS TO STOP ENCROACHMENT
section: 16
title: Proceedings upon objection
content:
16. —(1) On receiving an objection to an encroachment notice relating to State land, an authorised officer may make a complaint to a Magistrate under section 151 of the Criminal Procedure Code 2010. (2) Sections 153, 154 and 156 of the Criminal Procedure Code 2010 apply to proceedings regarding a complaint mentioned in subsection (1) subject to this Act. (3) Where any proceedings regarding a complaint mentioned in subsection (1) have started and any party to the proceedings claims that that party has title to the State land in question, that party may, at any time in those proceedings, apply to the Magistrate to stay the proceedings on the ground that the party intends to commence proceedings in the General Division of the High Court for a determination of that party’s claim. (4) Upon an application under subsection (3), the Magistrate must, if he or she is satisfied that the claim is genuine, make an order, upon any terms that he or she thinks fit, staying the proceedings regarding a complaint mentioned in subsection (1), pending the determination of the claim by the General Division of the High Court.


document_id: slpa-2022
provision_ref: s17
chapter: PART 4 - RESUMPTION OF LAND
section: 17
title: Forfeiture of abandoned land
content:
17. Subject to section 18, any land that has been abandoned for 3 years or more by — ( a ) the person to whom the land was alienated or demised by or on behalf of the State; or ( b ) any person claiming title through a person in paragraph ( a ), shall be forfeited to the State even though some person may be found in occupation of the land or of any part of that land.


document_id: slpa-2022
provision_ref: s18
chapter: PART 4 - RESUMPTION OF LAND
section: 18
title: Resumption procedure
content:
18. —(1) A Collector may, with the approval of the Minister, declare in writing that any land that has been abandoned for 3 years or more by — ( a ) the person to whom the land was alienated or demised by or on behalf of the State; or ( b ) any person claiming title through a person in paragraph ( a ), is liable to forfeiture to the State. (2) Once a declaration is made under subsection (1) with respect to any land, the Collector must cause to be published a notice of the making of the declaration (called in this section a resumption notice) without delay in the Gazette . (3) Failure to publish a resumption notice in respect of any declaration under subsection (1) does not invalidate the declaration. (4) If, at the end of 3 months after the day on which a resumption notice is published in accordance with subsection (2) with respect to any land — ( a ) there is no person who appears, to the satisfaction of the Collector, to have a claim to the land or to any interest in the land; or ( b ) there is such a person but that person has not exercised the person’s right to recover possession of that land by a claim, that land is deemed forfeited to the State immediately after the end of that period of 3 months; and any grant or lease affecting, and any deed purporting to deal with, the land or any part of the land that is forfeited to the State under this section is void insofar as it relates to that land or part thereof. (5) The Collector must cause to be published a notice that the land is forfeited to the State under subsection (4) — ( a ) in the Gazette ; and ( b ) in any other manner that will secure adequate publicity for the fact of forfeiture of that land.


document_id: slpa-2022
provision_ref: s19
chapter: PART 4 - RESUMPTION OF LAND
section: 19
title: Limitation of claim for compensation
content:
19. If, within a period of 6 years after the date of forfeiture of any land under section 18, any person establishes a claim to the land or to any interest in the land to the satisfaction of the Authority, that person is entitled to receive out of the Consolidated Fund any sum that the Minister may direct, which sum cannot exceed the appraised value of that land as at the date the notice mentioned in section 18(5)( a ) concerning the land was published.


document_id: slpa-2022
provision_ref: s20
chapter: PART 4 - RESUMPTION OF LAND
section: 20
title: No adverse possession of State land
content:
20. No State land shall be acquired by possession or unlawful occupation, and the provisions of the Limitation Act 1959 shall not apply to any action brought by the Government for the recovery of State land.


document_id: slpa-2022
provision_ref: s21
chapter: PART 5 - ENFORCEMENT
section: 21
title: Purpose for which enforcement powers are exercisable
content:
21. —(1) Subject to Part 6, an authorised officer and an enforcement officer may exercise the powers set out in this Part for any of the following purposes: ( a ) to determine compliance with this Act, including ascertaining whether an offence under this Act has been committed, is being committed or is about to be committed; ( b ) to determine whether information provided to the Authority or an authorised officer or enforcement officer under this Act is correct; ( c ) to ascertain whether any of the powers conferred by or under this Act on the Authority should or may be exercised. (2) To avoid doubt, nothing in this Part limits section 31 of the Singapore Land Authority Act 2001 with respect to an offence under this Act.


document_id: slpa-2022
provision_ref: s22
chapter: PART 5 - ENFORCEMENT
section: 22
title: Power to enter and inspect
content:
22. —(1) An authorised officer or enforcement officer may, without warrant, enter, at all reasonable times, and remain on State land, or any other land in or from which the officer has reasonable grounds to suspect that an offence under this Act may be committed, and do all or any of the following: ( a ) to examine any thing or observe any activity conducted in or on the land in question without involving any search of any premises, thing or person, or any seizure (without warrant) of any thing, in or on that land; ( b ) to make a sketch, photograph or still or moving image, or an audio or a video recording, of the land in question and any thing in or on that land; ( c ) to make measurements of the land in question and any thing in or on that land; ( d ) to take samples of water, soil, vegetation or other similar substances from the land in question and any thing in or on that land for the purposes of analysis; ( e ) to inspect any document in or on the land and take extracts from, or make copies of, any such document, without paying any fee; ( f ) to operate electronic equipment in or on the land; ( g ) to secure a thing for a period not exceeding 24 hours if the thing is found in or on the land, where the authorised officer or enforcement officer believes on reasonable grounds that — (i) the thing is evidential material relevant to an offence under this Act; and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; ( h ) under warrant of court, to seize any thing found in or on the land which the authorised officer or enforcement officer reasonably suspects is as described in paragraph ( g )(i); ( i ) to take into or onto the land any equipment and materials that the authorised officer or enforcement officer requires for the purpose of exercising powers under this Part in relation to the land. (2) The power under subsection (1)( f ) to operate electronic equipment in or on any land includes the power — ( a ) to use a disk, tape or other storage device that is in or on the land and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the land to put the relevant data in documentary form and remove the documents so produced from the land; and ( c ) to operate electronic equipment in or on the land to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the premises for the exercise of the power; or (ii) is in or on the land and the use of which for that purpose has been agreed in writing by the occupier of the land, and to remove the disk, tape or other storage device from that land. (3) The power under subsection (1)( g ) to secure any thing which is found during the exercise of enforcement powers in or on any land includes the power — ( a ) to secure the thing by locking it up, placing a guard or any other means; and ( b ) to prohibit any person from dealing with such thing. (4) The power under subsection (1)( h ) to seize any thing under warrant includes the power to seize any thing which is similarly so found that is not evidential material of the kind specified in the warrant if — ( a ) in the course of searching for the kind of evidential material specified in the warrant, the enforcement officer finds the thing; and ( b ) the thing is evidential material for another offence under this Act. (5) In this section, “thing” may include a vehicle, vessel, material or an article.


document_id: slpa-2022
provision_ref: s23
chapter: PART 5 - ENFORCEMENT
section: 23
title: Power to obtain documents and information
content:
23. —(1) Subject to Part 6, an authorised officer or enforcement officer may, in relation to any offence under this Act, by written notice require any person whom the officer has reason to believe to be acquainted with any facts or circumstances relevant to the reasonably suspected commission of the offence, to do any of the following within a reasonable period specified in the notice: ( a ) to provide, in a form and manner that may be specified in the notice, all documents and information that — (i) are within the knowledge of the person; or (ii) are in the custody or under the control of the person; ( b ) to attend before an authorised officer within the limits of Singapore to answer questions or provide documents or information or both. (2) The power to require a person to provide any document or information under subsection (1) includes the power — ( a ) to require that person to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person to state, to the best of the person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or enforcement officer in legible form. (3) Any statement made by any individual in answer to a question under subsection (1)( b ) must — ( a ) be reduced to writing; ( b ) be read over to the individual; ( c ) if the individual does not understand English, be interpreted in a language that the individual understands; and ( d ) after correction (if necessary), be signed by that individual. (4) The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to an authorised officer or enforcement officer under subsection (1). (5) A person — ( a ) who intentionally alters, suppresses or destroys any document or information which the person has been required by an authorised officer or enforcement officer under subsection (1) to provide; or ( b ) who, in providing any document or information required by an authorised officer or enforcement officer under subsection (1), makes any statement which the person — (i) knows or ought reasonably to know that; or (ii) is reckless as to whether, it is false or misleading, 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. (6) Subsection (5) does not apply if the document or information is not false or misleading in a material particular, or if the document or information does not omit any matter or thing without which the document or information (as the case may be) is misleading in a material particular. (7) A person who, without reasonable excuse, fails to do anything required of the person by an authorised officer or enforcement officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (8) However, in any proceedings for an offence under subsection (7), it is a defence for the accused to prove, on a balance of probabilities, that — ( a ) the person does not possess the document or information required; and ( b ) the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it. (9) To avoid doubt, for the purposes of subsection (7), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.


document_id: slpa-2022
provision_ref: s24
chapter: PART 5 - ENFORCEMENT
section: 24
title: Power to obtain disclosure of identity
content:
24. —(1) Subject to Part 6, an authorised officer or enforcement officer who has reasonable grounds to suspect that an individual in, on or near any State land has committed, is committing, or is attempting to commit, an offence under this Act in relation to the State land may — ( a ) request the individual to state his or her name and residential address; and ( b ) if it is suspected on reasonable grounds that the name or address given in response to the request is false, require the individual to produce evidence of its correctness, including proof of identity. (2) An authorised officer or enforcement officer may detain an individual mentioned in subsection (1) only for so long as is reasonably necessary for the purposes of this section. (3) An individual commits an offence if he or she, without reasonable excuse — ( a ) refuses or fails to comply with a request under this section; or ( b ) in response to the request, gives a name that is false in a material particular, or gives an address other than the individual’s full and correct residential address. (4) An individual who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. Division 2 &#x2014; Supplementary


document_id: slpa-2022
provision_ref: s25
chapter: PART 5 - ENFORCEMENT
section: 25
title: Disposal of seized or removed vehicles, etc.
content:
25. —(1) Any removed material moved or removed and any other thing seized under this Act — ( a ) must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed material or other thing is produced in any criminal trial; ( b ) is deemed to be forfeited to the Authority where the owner of the removed material or other thing consents to its disposal; or ( c ) in any other case, must be returned to the owner or reported to a Magistrate’s Court, unless section 13(5) applies. (2) Where the report of any removed material and any other thing is made to a Magistrate’s Court under subsection (1)( c ), sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications. (3) Subject to any order to the contrary by the Magistrate’s Court, any removed material or other thing forfeited or deemed to be forfeited under this section must be delivered to the Authority and may be disposed of in any manner that the Authority thinks fit.


document_id: slpa-2022
provision_ref: s26
chapter: PART 5 - ENFORCEMENT
section: 26
title: Obstructing authorised officers, etc.
content:
26. —(1) A person who — ( a ) intentionally fails to do anything required of the person under section 22(1) by an authorised officer or enforcement officer; or ( b ) knowingly obstructs or prevents, or attempts to obstruct or prevent, an authorised officer or enforcement officer in the discharge of the officer’s powers or duties under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (2) A person who, without the permission of an authorised officer — ( a ) intentionally or dishonestly removes or attempts to remove any immobilisation or other device or cordon affixed or placed under section 22(1)( g ) to secure any thing that is evidential material of an offence under this Act; or ( b ) intentionally or dishonestly removes or tampers with — (i) any encroachment notice given by an authorised officer or enforcement officer; or (ii) any summons for criminal proceedings arising from a complaint made by an authorised officer under section 16(1), after the notice or summons is affixed on the land in accordance with section 37(5) or (6), as the case may be, 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. (3) It is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by any authorised officer or enforcement officer who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person.


document_id: slpa-2022
provision_ref: s27
chapter: PART 5 - ENFORCEMENT
section: 27
title: Composition of offences
content:
27. —(1) An authorised officer or enforcement officer specially authorised by the Authority for this purpose may compound any offence under this Act that is prescribed as a compoundable offence, by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: slpa-2022
provision_ref: s28
chapter: PART 6 - ADMINISTRATION
section: 28
title: Administration of Act
content:
28. —(1) It is the function of the Authority — ( a ) to administer this Act; and ( b ) to administer and manage all State lands, and to undertake the resumption or forfeiture of land, in accordance with this Act as an agent of the Government. (2) No liability shall lie personally against any member, officer or employee of the Authority, any authorised officer or any other person acting under the direction of the Authority for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function under this Act.


document_id: slpa-2022
provision_ref: s29
chapter: PART 6 - ADMINISTRATION
section: 29
title: Authorised officers
content:
29. —(1) The Authority may, in relation to any provision of this Act, appoint to be authorised officers for the purposes of that provision, any of the following individuals: ( a ) the Commissioner of Lands; ( b ) any employee of the Authority, or any individual performing duties in the Authority, who is suitably trained. (2) The Authority may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment as an authorised officer. (3) The Authority may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act (except the powers of delegation conferred by this subsection and to make subsidiary legislation) to any authorised officer, subject to any conditions or limitations that the Authority may specify; and any reference in that provision of this Act to the Authority includes a reference to such an authorised officer. (4) Any delegation under subsection (3) may be general or in a particular case and may be subject to any conditions or limitations that are set out in this Act or that the Authority may specify. (5) The Authority must issue to each authorised officer an identification card, which must be carried at all times by the authorised officer when exercising powers under this Act. (6) An individual whose appointment as an authorised officer ceases must return any identification card issued to the individual under subsection (5) to the Authority. (7) A reference in subsection (1) to a person performing duties in the Authority includes a person performing duties in the Authority under a contract, or under an arrangement making available temporarily to the Authority the services of public officers, on secondment.


document_id: slpa-2022
provision_ref: s30
chapter: PART 6 - ADMINISTRATION
section: 30
title: Enforcement officers
content:
30. —(1) The Authority may, in relation to any provision of this Act, appoint any of the following individuals to be an enforcement officer to assist the Authority in the administration of this Act in any particular area in Singapore: ( a ) any public officer, or any employee of a public authority (but not a Town Council); ( b ) an individual who is an auxiliary police officer appointed under the Police Force Act 2004. (2) The Authority may, for any reason that appears to the Authority to be sufficient, at any time revoke an individual’s appointment as an enforcement officer. (3) The Authority must issue to each enforcement officer an identification card, which must be carried at all times by the enforcement officer when exercising powers under this Act. (4) An enforcement officer is not an employee of the Authority. (5) An individual who is appointed as an enforcement officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Authority. (6) An individual whose appointment as an enforcement officer ceases must return any identification card issued to the individual under subsection (3) to the Authority.


document_id: slpa-2022
provision_ref: s31
chapter: PART 6 - ADMINISTRATION
section: 31
title: Authorisation for enforcement officers
content:
31. —(1) The Authority must issue to each enforcement officer a written authorisation specifying such of the powers expressly specified in section 22, 23 or 24 as exercisable by an enforcement officer, as what that enforcement officer may exercise, and no other powers. (2) The authorisation under subsection (1) issued to an enforcement officer may also do all or any of the following: ( a ) limit when, and where in Singapore, the enforcement officer may exercise powers in section 22, 23 or 24 expressed as exercisable by an enforcement officer or any of them; ( b ) limit the circumstances in which the enforcement officer may exercise those powers or any of them. (3) To avoid doubt, the Authority cannot authorise under this section an enforcement officer to arrest any individual. (4) The powers that an enforcement officer may be authorised under this section to exercise may be exercised only — ( a ) to the extent authorised by the Authority under subsection (1); ( b ) upon production of the identification card issued under section 30(3); and ( c ) as directed (generally or specially) by an authorised officer or other employee of the Authority. (5) An enforcement officer who is authorised under subsection (1) to exercise any power expressly specified in this Act as exercisable by an enforcement officer is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising that power. (6) To avoid doubt, an enforcement officer does not cease to be acting on the direction of an officer or employee of the Authority by reason only that the officer or employee of the Authority is not present at all times.


document_id: slpa-2022
provision_ref: s32
chapter: PART 7 - MISCELLANEOUS
section: 32
title: Interface with other laws
content:
32. —(1) To avoid doubt, this Act does not affect the operation of — ( a ) the Active Mobility Act 2017; ( b ) the Parks and Trees Act 2005; ( c ) the Sewerage and Drainage Act 1999; and ( d ) the Street Works Act 1995. (2) This Act does not deprive the Government of any right to proceed under the law, or of any remedy against trespassers given by law.


document_id: slpa-2022
provision_ref: s33
chapter: PART 7 - MISCELLANEOUS
section: 33
title: Supplementary provisions
content:
33. —(1) The Authority may, upon an application by a person, grant an extension of time within which the person is required by or under this Act to do or not to do any thing or work (whether for the same or less than the period of extension applied for), upon being satisfied that there are good reasons to do so. (2) No misnomer or inaccurate description of any person or place named or described in any document prepared, issued or given under or for the purposes of this Act affects the operation of this Act as respects that person or place, if that person or place is so designated in the document as to be identifiable. (3) To avoid doubt, an identification card may be issued under section 29(5) or 30(3) in a digital form, consisting of evidence of the issue thereof to an individual using information relating to the appointment as an authorised officer or enforcement officer (as the case may be) of the individual that is displayed on a mobile communication device or other electronic device.


document_id: slpa-2022
provision_ref: s34
chapter: PART 7 - MISCELLANEOUS
section: 34
title: Offences by corporations
content:
34. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) any written law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “chief executive officer”, in relation to a corporation, means an individual (by whatever name described) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the corporation; and ( b ) is principally responsible for the management and conduct of the business of the corporation, and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer; “corporation” includes a limited liability partnership; “officer”, in relation to a corporation, means any director, partner, chief executive officer, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, any action (if any) of the following kinds that is reasonable in all the circumstances: ( a ) action towards — (i) assessing the corporation’s compliance with the provision creating the offence; and (ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision; ( b ) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; ( c ) action towards ensuring that — (i) the equipment and other resources; and (ii) the structures, work systems and other processes, relevant to compliance with the provision creating the offence are appropriate in all the circumstances; ( d ) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.


document_id: slpa-2022
provision_ref: s35
chapter: PART 7 - MISCELLANEOUS
section: 35
title: Offences by unincorporated associations or partnerships
content:
35. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) any written law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “reasonable steps” has the meaning given by section 34; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.


document_id: slpa-2022
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS
section: 36
title: Jurisdiction of courts
content:
36. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: slpa-2022
provision_ref: s37
chapter: PART 7 - MISCELLANEOUS
section: 37
title: Service of documents
content:
37. —(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 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, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by 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 post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (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; or ( 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 given, or the business address, residential address or last email address of the individual or body, cannot be ascertained — (i) in the case of an encroachment notice, by affixing it on a board or other structure in a conspicuous place on the land to which the notice relates; or (ii) by posting the document on a website maintained by the Authority and prescribed by the Minister, by notification in the Gazette , for this purpose. (6) A summons for criminal proceedings arising from a complaint made by an authorised officer under section 16(1) may be served as follows, despite the Criminal Procedure Code 2010: ( a ) in the manner described in subsection (2)( a ), ( b ), ( c ) or ( d ) in the case of individuals, subsection (3)( a ), ( b ) or ( c ) in the case of partnerships, or subsection (4)( a ), ( b ) or ( c ) in the case of a body corporate (including a limited liability partnership) or an unincorporated association; ( b ) if, after due inquiry to ascertain the whereabouts of any person on whom a summons is required to be served, the whereabouts of that person cannot be ascertained, the summons may be given or served — (i) by affixing it on a board or other structure in a conspicuous place on the land to which the alleged offence in the summons relates; and (ii) by affixing a copy of the same summons in a conspicuous place in the office of the Authority. (7) Service of a document 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 post, 2 days after the day the document was posted (even if it is returned undelivered); ( d ) in the case of an encroachment notice or summons affixed in the manner described in subsection (5)( b )(i) or (6)( b ), at the beginning of the day after the date on which subsection (5)( b )(i) or (6)( b ) has been complied with; and ( e ) if the document is posted on a website mentioned in subsection (5)( b )(ii), at the beginning of the day after the date on which subsection (5)( b )(ii) has been complied with. (8) 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. (9) This section does not apply to any documents to be served in proceedings in court except where expressly provided. (10) In this section — “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 or an order 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.


document_id: slpa-2022
provision_ref: s38
chapter: PART 7 - MISCELLANEOUS
section: 38
title: Regulations
content:
38. —(1) The Authority may, with the approval of the Minister, make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Regulations made under this section may — ( a ) prescribe the offences under this Act that may be compounded; ( b ) provide that any contravention of any provision of the regulations is an offence, and that the penalty for which on conviction shall be a fine not exceeding $5,000; and ( c ) provide for any saving, transitional, and other consequential, incidental and supplemental provisions that are necessary or expedient for the purposes of this Act.


document_id: slpa-2022
provision_ref: s39
chapter: PART 7 - MISCELLANEOUS
section: 39
title: Presentation to Parliament
content:
39. All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: slpa-2022
provision_ref: s40
chapter: PART 8 - AMENDMENTS TO OTHER ACTS AND
section: 40
title: Amendment of Land Titles Act 1993
content:
40. Section 29(1) of the Land Titles Act 1993 is amended — ( a ) by deleting the word “and” at the end of paragraph ( c )(ii); ( b ) by deleting the comma at the end of paragraph ( c )(iii) and substituting the word “; and”; and ( c ) by inserting, immediately after sub‑paragraph (iii) of paragraph ( c ), the following sub-paragraph: “ (iv) any encroachment notice issued under section 12 of the State Lands Protection Act 2022 in respect of the land unless the information specified in the encroachment notice is no longer current, ”.


document_id: slpa-2022
provision_ref: s41
chapter: PART 8 - AMENDMENTS TO OTHER ACTS AND
section: 41
title: Amendment of Parks and Trees Act 2005
content:
41. —(1) Section 4 of the Parks and Trees Act 2005 is amended by deleting the words “and 42” in subsections (6), (7) and (8) and substituting in each case the words “, 42, 42A and 42B”. (2) Section 42 of the Parks and Trees Act 2005 is amended by deleting subsection (3). (3) Part 7 of the Parks and Trees Act 2005 is amended by inserting, immediately after section 42, the following sections: “ Power to move vehicles and demolish structures, etc. 42A. —(1) Subject to sections 42B and 42C, where — ( a ) any vehicle, boat, trailer, skip, dumpster or other thing is parked, moored or otherwise left in a national park, nature reserve or public park contrary to this Act; or ( b ) any sign, shrine, altar, religious object, shelter, structure or building is affixed, set up or erected in a public park contrary to this Act, the Commissioner, an authorised officer or a park ranger may serve upon any person specified in subsection (2) a written notice requiring the person to do any of the following within the period specified in the notice, or any extension of that period that the Commissioner, authorised officer or park ranger (as the case may be) may allow in any particular case: ( c ) to remove the vehicle, boat, trailer, skip, dumpster or other thing mentioned in paragraph ( a ) from the national park, nature reserve or public park, as the case may be; ( d ) to alter, demolish or remove any sign, shrine, altar, religious object, shelter, structure or building mentioned in paragraph ( b ) and remove all resulting debris from the public park concerned. (2) The written notice mentioned in subsection (1) may be served on any person as follows: ( a ) any person who does or causes or permits to be done any of the acts mentioned in subsection (1)( a ) or ( b ); ( b ) the owner or person having charge or control of — (i) the vehicle, boat, trailer, skip, dumpster or other thing mentioned in subsection (1)( a ); or (ii) any sign, shrine, altar, religious object, shelter, structure or building mentioned in subsection (1)( b ); ( c ) any other person having power to remove — (i) the vehicle, boat, trailer, skip, dumpster or other thing mentioned in subsection (1)( a ); or (ii) any sign, shrine, altar, religious object, shelter, structure or building mentioned in subsection (1)( b ).


document_id: slpa-2022
provision_ref: s42
chapter: PART 8 - AMENDMENTS TO OTHER ACTS AND
section: 42
title: Amendment of Sewerage and Drainage Act 1999
content:
42. The Sewerage and Drainage Act 1999 is amended — ( a ) by deleting the definition of “drainage reserve” in section 2 and substituting the following definition: “ “drainage reserve” means — ( a ) any land set aside for drainage works pursuant to development proposals approved by a competent authority; ( b ) any land vested in the Government under section 29; or ( c ) any State land that is reserved for the purposes of the Board (permanently or temporarily) in connection with drainage works or a storm water drainage system; ”; ( b ) by deleting paragraph ( a ) of section 24(1) and substituting the following paragraph: “ ( a ) erect or place any fence, partition, structure or object in, above or across, or enclosing, any drain; ”; ( c ) by deleting subsection (2) of section 24 and substituting the following subsections: “ (1A) A person must not, except with the prior approval of the Board — ( a ) deposit or leave any soil, building material or components, construction or renovation debris or other like matter within any drainage reserve that is State land; ( b ) park or leave any vehicle on any drainage reserve that is State land; ( c ) clear, dig up or cultivate, or interfere with any substance on, in or forming part of, any drainage reserve that is State land; or ( d ) cause or allow any activity mentioned in paragraph ( a ), ( b ) or ( c ) to be carried out. (2) Where any fence, partition, structure or object is erected or placed, or any obstruction is caused, in contravention of subsection (1) or an act is carried out in contravention of subsection (1A), the Board may by notice, direct the person to whom the notice is given, to do all or any of the following and within the time as are specified in the notice: ( a ) to demolish or remove any fence, partition, structure or object erected or placed — (i) in, above or across, or enclosing, the drain; or (ii) within the drainage reserve; ( b ) to move or remove from the drainage reserve, any object or obstruction, including vehicles, soil, building material or components, construction or renovation debris or other like matter; ( c ) to do, or to refrain from doing, any work that is specified in the notice in order — (i) to rectify any damage to the drain or drainage reserve as a result of; or (ii) to restore the drain or drainage reserve to its state before, any unlawful activity mentioned in subsection (1) or (1A) done by the person, or caused or permitted by the person. ”; ( d ) by inserting, immediately after the words “subsection (1)” in section 24(3)( a ), the words “or (1A)( a ), ( b ) or ( c )”; ( e ) by deleting the words “structure, object or obstruction” in section 24(3)( b ) and ( c ) and substituting in each case the words “fence, partition, structure, object or obstruction”; ( f ) by inserting, immediately after the words “subsection (1)” in section 24(4), the words “or (1A)”; ( g ) by inserting, immediately after subsection (4) of section 24, the following subsections: “ (5) Where the person on whom a notice mentioned in subsection (2) is served fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at any other time that may be agreed with an owner or occupier of the premises to which the notice relates, enter the premises and take such measures and execute such work as may be necessary to secure compliance with the notice, including — ( a ) by cutting or breaking open any lock, seal, fastener or other device on or connected to the fence, partition, structure, object, vehicle, material, article or thing concerned using reasonable force; ( b ) by towing away the object, vehicle, material, article or thing concerned; or ( c ) by removing or demolishing any fence, partition, structure or object concerned and removing any resulting debris. (6) Any expenses reasonably incurred by the Board under subsection (5) may be recovered from the person who failed to comply with the notice served on the person under subsection (2), and section 48 applies in respect of those expenses. (7) Unless subsection (8) applies, any fence, partition, structure, object, vehicle, material, article, thing or resulting debris removed under subsection (5) — ( a ) must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the fence, partition, structure, object, vehicle, material, article, thing or debris is to be produced in any criminal trial in connection with an offence under this Act; ( b ) is deemed to be forfeited to the Board where any owner of the fence, partition, structure, object, vehicle, material, article, thing or debris consents to its disposal; or ( c ) in any other case, must be — (i) returned to the owner; or (ii) reported to a Magistrate’s Court, in which event sections 370, 371 and 372 of the Criminal Procedure Code 2010 then apply with the necessary modifications. (8) Where it appears to the Board that any fence, partition, structure, object, vehicle, material, article, thing or resulting debris removed by an authorised officer under subsection (5) — ( a ) is perishable; ( b ) may rapidly depreciate in value; or ( c ) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Board to retain custody of the fence, partition, structure, object, vehicle, material, article, thing or debris, the Board may cause the fence, partition, structure, object, vehicle, material, article, thing or debris (called in this section the removed material) — ( d ) to be sold (by public auction or otherwise) at once and the proceeds of sale to be paid into the funds of the Board; or ( e ) to be destroyed or otherwise disposed of at such time and in such manner as the Board thinks fit. (9) If a person who appears, to the satisfaction of the Board, to be the owner of any removed material and not to be a person in default with complying with the relevant notice in subsection (2), claims — ( a ) after that removed material has been sold, destroyed or disposed of under subsection (8); but ( b ) before the end of one year starting the date the removed material was removed under subsection (5), the Board may compensate, out of the funds of the Board, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Board in storing and selling, destroying or disposing of the removed material. (10) Subject to any order to the contrary by the Magistrate’s Court under the Criminal Procedure Code 2010, any removed material deemed forfeited under this section may be disposed of by the Board in any manner that the Board thinks fit. (11) To avoid doubt — ( a ) this section does not prohibit the Board from carrying out any works specified in any notice under subsection (2) at the request of a person who has been served with the notice upon an undertaking by that person to pay the costs and expenses in executing the works; and ( b ) any measures taken or work executed under subsection (5) by an authorised officer does not affect any proceedings that may be taken against a person for an offence under subsection (4). ”; ( h ) by inserting, immediately after section 24, the following section: “ Trees and plants encroaching into drainage reserve 24A. —(1) Where the Board is satisfied that any tree or plant (whether or not dead or dying) on any premises adjoining a drainage reserve or any part of a drainage reserve is likely, by falling or otherwise — ( a ) to cause any obstruction to the flow of any storm water drainage system or the maintenance of any drain in the drainage reserve; or ( b ) to hinder the efficient operation of any storm water drainage system or drain in the drainage reserve, the Board may serve a notice requiring the occupier of the premises to take any measures (including cutting the tree or plant or any part of it) that the Board thinks fit within the time specified in the notice. (2) Any person on whom a notice mentioned in subsection (1) is served who, without reasonable excuse, fails to comply with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (3) Where the person on whom the notice mentioned in subsection (1) is served fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises to which the notice relates, enter the premises and take such measures and execute such work as may be necessary to secure compliance with the notice. (4) Any expenses reasonably incurred by the Board under subsection (3) may be recovered from the person who failed to comply with the notice served on the person under subsection (1), and section 48 and, if that person is the owner of the premises, section 50 apply in respect of those expenses. (5) To avoid doubt — ( a ) this section does not prohibit the Board from carrying out any works specified in any notice under subsection (1) at the request of a person who has been served with the notice upon an undertaking by that person to pay the costs and expenses in executing the works; and ( b ) any measures taken or work executed under subsection (3) by an authorised officer does not affect any proceedings that may be taken against a person for an offence under subsection (2). ”; and ( i ) by inserting, immediately after the words “drainage reserve” in section 29(1), the words “that is not within State land and”.


document_id: slpa-2022
provision_ref: s43
chapter: PART 8 - AMENDMENTS TO OTHER ACTS AND
section: 43
title: Amendment of Singapore Land Authority Act 2001
content:
43. The Singapore Land Authority Act 2001 is amended — ( a ) by deleting the words “State Lands Encroachments Act 1883” in section 6(1)( e )(i) and (ii) and substituting in each case the words “State Lands Protection Act 2022”; ( b ) by deleting the words “done or intended to be done” in section 12(1) and substituting the words “and with reasonable care done or omitted to be done”; ( c ) by deleting the words “, charges, fines and composition sums” in section 14( c ) and substituting the words “and charges”; ( d ) by inserting, immediately after subsection (2) of section 33, the following subsection: “ (3) All sums collected under this section must be paid into the Consolidated Fund. ”; ( e ) by deleting subsection (3) of section 34; and ( f ) by deleting item 6 of the Third Schedule and substituting the following item: “ 6. Sections 5, 6, 10(2), 12(5), 18(5), 23(5) and (7), 24(3) and 26(1) and (2) of the State Lands Protection Act 2022. ”.


document_id: slpa-2022
provision_ref: s44
chapter: PART 8 - AMENDMENTS TO OTHER ACTS AND
section: 44
title: Amendment of Street Works Act 1995
content:
44. Section 32A of the Street Works Act 1995 is amended — ( a ) by deleting the word “or” at the end of subsection (1)( a ); ( b ) by inserting, immediately after the words “to remain on” in subsection (1)( b ), the words “or to protrude over”; ( c ) by deleting the comma at the end of paragraph ( b ) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph: “ ( c ) erect or cause to be erected a structure on, under or over any public street, five‑footway or private footway, ”; ( d ) by deleting subsection (3) and substituting the following subsection: “ (3) If — ( a ) any article or thing is deposited or left on, or protrudes over; or ( b ) any structure is erected, placed, maintained, replaced, renewed or restored on, under or over, any public street, five‑footway or private footway in contravention of subsection (1), an authorised officer may move or remove that article, thing or structure, or cause it to be so moved or removed, so that it is no longer an obstruction or inconvenience to the passage of the public on the public street, five‑footway or private footway. ”; ( e ) by deleting the words “move the article or thing” in subsection (4) and substituting the words “move or remove the article, thing or structure”; ( f ) by deleting paragraphs ( a ) and ( b ) of subsection (4) and substituting the following paragraphs: “ ( a ) the owner of the article, thing or structure, as the case may be; ( b ) the person who caused the article or thing to be deposited or left on, or to protrude over, the public street, five‑footway or private footway; ( ba ) the person who caused the structure to be erected on, under or over the public street, five‑footway or private footway; ”; ( g ) by deleting paragraphs ( a ) and ( b ) of subsection (5) and substituting the following paragraphs: “ ( a ) demolish or remove any structure erected on, under or over the public street, five‑footway or private footway, and then move or remove the structure to store at a holding yard and dispose of the resulting debris from the demolition; ( b ) move or remove from the public street, five‑footway or private footway, any article, thing or structure by any reasonable means to store at a holding yard, including by towing the article, thing or structure (as the case may be) to a holding yard; and ( c ) use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to any article, thing or structure mentioned in paragraph ( a ) or ( b ). ”; ( h ) by deleting the words “remove any article or thing” in subsection (6) and substituting the words “move or remove any article, thing or structure”; ( i ) by deleting subsections (8) and (9) and substituting the following subsections: “ (8) Where an authorised officer has exercised any power under subsection (3) in relation to any article, thing or structure — ( a ) the authorised officer must cause a written notice to be sent to an owner of the article, thing or structure (if known) to inform the owner of — (i) the removal or demolition of the article, thing or structure; (ii) the manner by which and the time within which the owner may procure the release of the article, thing or structure if not demolished; and (iii) the consequences that may follow under subsections (10) and (11) if the article, thing or structure is not claimed within the time specified in the notice; and ( b ) the Authority may recover, from any person mentioned in subsection (4)( a ), ( b ), ( ba ) or ( c ), any costs reasonably incurred by the Authority in connection with the exercise of those powers, including costs of storing any article, thing or structure. (9) Despite subsections (8) and (10), where it appears to the Authority that any article, thing or structure moved or removed under subsection (3) — ( a ) is perishable; ( b ) may rapidly depreciate in value; or ( c ) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Authority to retain custody of the article, thing or structure, the Authority may, instead of storing the article, thing or structure at a holding yard and notifying the owner thereof, cause it — ( d ) to be sold (by public auction or otherwise) at once; or ( e ) to be destroyed or otherwise disposed of at such time and in such manner as the Authority thinks fit. ”; ( j ) by deleting the words “subsection (9)” in subsections (10) and (12)( b ) and substituting in each case the words “subsection (8)( a )”; ( k ) by deleting the words “article or thing” wherever they appear in subsections (10), (11), (12) and (13) and substituting in each case the words “article, thing or structure”; ( l ) by deleting the words “subsection (10)” in subsection (11) and substituting the words “subsection (9) or (10)”; and ( m ) by deleting subsection (15) and substituting the following subsection: “ (15) In this section — “authorised officer” means any employee of the Authority, any outsourced enforcement officer and any other person appointed by the Authority under section 4 to assist in the enforcement of this section; “erect”, in relation to a structure, includes any work carried out in constructing, installing, creating, replacing, maintaining, renewing or restoring a structure; “structure” includes any of the following: ( a ) a post, pile, stake, pipe, chain, wire or any other similar thing fixed to the ground; ( b ) a billboard, signboard, hoarding, fence, partition, sun‑shading device or canopy, an awning or advertising structure, or a platform, safety netting or other similar temporary structure; ( c ) a tunnel or bridge or an underpass or overpass; ( d ) a roof, cladding, curtain wall, bracket, cornice or other exterior feature of a building that is installed on, forms part of or projects outwards from a building. ”.


document_id: slpa-2022
provision_ref: s46
chapter: PART 8 - AMENDMENTS TO OTHER ACTS AND
section: 46
title: Saving and transitional provisions
content:
46. —(1) This Act does not affect or apply in relation to — ( a ) any summons issued under section 2 or 6 of the repealed Act before the date of commencement of section 45; ( b ) any warrant issued under section 4 of the repealed Act before the date of commencement of section 45; and ( c ) any written notice to vacate served under section 4(4) of the repealed Act before the date of commencement of section 45, and all proceedings from that summons, warrant or notice are to continue according to the repealed Act as if this Act had not been enacted. (2) Despite section 45, sections 10 and 11 of the repealed Act continue to apply to and in relation to any land which is the subject of a notice in the Gazette under section 10(1) of the repealed Act. (3) For a period of 2 years after the date of commencement of this section, the Minister may make regulations prescribing such additional provisions of a saving or transitional nature consequent on the enactment of this section as the Minister may consider necessary or expedient. (4) Nothing in this section affects section 16 of the Interpretation Act 1965.


document_id: smcdca-1958
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “aircraft” includes any kind of craft which may be used for the conveyance of passengers or goods by air; “collection station” means a station or other place established by the President under section 8; “Collector” means any officer appointed by the President to be the Collector of Federal Customs Duties under section 3(1); “customs duty” means any import duty, export duty, surtax or cess imposed by or under the Customs Act 1967 (M. 235 (1980)) of Malaysia or any other written law in force in Malaysia and includes any royalty payable in lieu of an export duty under any written law or a contract, lease or agreement to which the government of Malaysia or of any State within Malaysia is a party or to which such government has consented; “dutiable goods” means all goods which are subject to the payment of customs duty on import into or export from Malaysia and on which such duty has not yet been paid; “export”, with its grammatical variations and cognate expressions, means to take or cause to be taken out of Malaysia by land or air, otherwise than by post; “exporter” includes any owner or other person for the time being beneficially interested in any goods at the time at which such goods enter Singapore from Malaysia by land or air; “Federal Customs Officer” means any officer whose appointment is approved under section 5; “Federal officer of customs” means — ( a ) any Collector; ( b ) any Federal Superintendent of Customs and Excise; and ( c ) any Federal Customs Officer; “Federal Superintendent of Customs and Excise” means any officer appointed by the President under section 3(2); “goods” includes animals, birds, fish, plants and all kinds of movable property; “import”, with its grammatical variations and cognate expressions, means to take or cause to be taken into Malaysia by land, air or post; “importer” includes any person, company, firm, society or other body of persons in Malaysia to whom, or to which, goods are consigned by land, air or post; “other charges” includes warehouse rent, weighing fees, handling charges and overtime fees, and any other moneys payable under the provisions of this Act or any regulations made thereunder, except customs duty; “passenger” means a person travelling by railway or aircraft from Singapore to Malaysia or vice versa; “prohibited goods” means goods the import of which into or the export of which from Malaysia is prohibited either absolutely or conditionally by any written law for the time being in force in Malaysia; “railway” has the same meaning as in the Railways Act 1905; “value”, in relation to goods declared for import, means the price which an importer would give at the time of declaration for import for the goods on a purchase in the open market if the goods were delivered to him at the place of payment of customs duty and if freight, insurance, commission and all other costs, charges and expenses (except any customs duty) incidental to the purchase and delivery at such place had been paid.


document_id: smcdca-1958
provision_ref: s3
chapter: PART 2 - APPOINTMENTS AND POWERS OF OFFICERS
section: 3
title: Appointment of Collector and Federal Superintendents of Customs and Excise
content:
3. —(1) The President may, on the nomination of the Yang di‑Pertuan Agong, by notification in the Gazette , appoint an officer to be the Collector of Federal Customs Duties who shall be in charge of all collection stations and have the superintendence of all matters relating thereto. (2) The President may, on the nomination of the Yang di‑Pertuan Agong, by notification in the Gazette , appoint so many officers as he may consider necessary to be Federal Superintendents of Customs and Excise for the purpose of this Act.


document_id: smcdca-1958
provision_ref: s4
chapter: PART 2 - APPOINTMENTS AND POWERS OF OFFICERS
section: 4
title: Powers of Collector and Federal Superintendents
content:
4. The Collector and all Federal Superintendents of Customs and Excise shall have and exercise all the powers conferred by this Act on Federal Superintendents of Customs and Excise and Federal Customs Officers.


document_id: smcdca-1958
provision_ref: s5
chapter: PART 2 - APPOINTMENTS AND POWERS OF OFFICERS
section: 5
title: Appointment of Federal Customs Officers
content:
5. The President may approve the appointment by the Yang di‑Pertuan Agong of officers to be Federal Customs Officers and any such officer shall by virtue of such approval have and exercise all the powers conferred by this Act on Federal Customs Officers.


document_id: smcdca-1958
provision_ref: s6
chapter: PART 2 - APPOINTMENTS AND POWERS OF OFFICERS
section: 6
title: Officers to be public servants
content:
6. The Collector, all Federal Superintendents of Customs and Excise and all Federal Customs Officers appointed or approved under the provisions of this Act shall be deemed to be public servants within the meaning of the Penal Code 1871.


document_id: smcdca-1958
provision_ref: s7
chapter: PART 2 - APPOINTMENTS AND POWERS OF OFFICERS
section: 7
title: Authority cards to be produced
content:
7. —(1) Every Federal officer of customs when acting against any person under this Act shall, if not in uniform, on demand declare his office and produce to the person against whom he is acting such authority card as the Collector may direct to be carried by that officer. (2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any Federal officer of customs acting or purporting to act under this Act if that officer is not in uniform and refuses to declare his office and produce his authority card, on demand being made by that person.


document_id: smcdca-1958
provision_ref: s8
chapter: PART 3 - ESTABLISHMENT OF COLLECTION STATIONS
section: 8
title: Establishment of collection stations
content:
8. —(1) The President may, in accordance with a request of the Yang di‑Pertuan Agong, establish collection stations in order to facilitate — ( a ) the collection of customs duty and other charges on goods exported from or to be imported into Malaysia; ( b ) the conduct of any other business and the exercise of any powers conferred by the provisions of this Act. (2) A Federal officer of customs may collect at any collection station the customs duty and other charges due to the government of Malaysia on the import or export of goods and all moneys so collected shall be paid into the general revenue of Malaysia.


document_id: smcdca-1958
provision_ref: s9
chapter: PART 3 - ESTABLISHMENT OF COLLECTION STATIONS
section: 9
title: Valuation of goods
content:
9. —(1) For the purpose of ascertaining the customs duty, if any, leviable thereon, any Federal officer of customs may value, weigh, measure, or otherwise examine, or cause to be valued, weighed, measured or otherwise examined any goods or passengers’ baggage delivered to a collection station. (2) When a valuation of any goods has been made by a Federal officer of customs, the valuation shall be presumed to be correct until the contrary is proved.


document_id: smcdca-1958
provision_ref: s10
chapter: PART 3 - ESTABLISHMENT OF COLLECTION STATIONS
section: 10
title: Return of customs duty or other charges overpaid
content:
10. It shall be lawful for the Collector, if it is proved to his satisfaction that any money has been overpaid as customs duty or other charges under this Act, to order the refund of the money so overpaid: Provided that no such refund shall be allowed unless a claim in respect thereof is made within one year after the overpayment was made.


document_id: smcdca-1958
provision_ref: s11
chapter: PART 3 - ESTABLISHMENT OF COLLECTION STATIONS
section: 11
title: Payment of customs duty, etc., short paid or erroneously refunded
content:
11. —(1) Whenever — ( a ) through inadvertence, error, collusion or misconstruction on the part of any Federal officer of customs, or through misstatement as to value, quantity or description by any person, or for any other reason, the whole or any part of any customs duty or other charges payable under this Act has not been paid; or ( b ) the whole or any part of such customs duty or other charges, after having been paid, has been, owing to any cause, erroneously refunded, the person liable to pay such customs duty or other charges or the person to whom such refund has erroneously been made, as the case may be, shall pay the deficiency or repay the amount paid to him in excess, on demand being made within 12 months from the date on which customs duty was payable or deficient customs duty was paid or the refund was made, as the case may be, and without prejudice to any other remedy for the recovery of the amount due, any dutiable goods belonging to that person which may be in any collection station may be detained until the customs duty or deficiency is paid or the refund is repaid, as the case may be. (2) When any goods have been detained in accordance with subsection (1), the Collector may after giving not less than 14 days’ notice in writing to the owner (if the name and address of the owner are known to him), or after giving not less than 14 days’ notice in the Gazette (if the name and address of the owner are not known to him) sell the goods. (3) The proceeds of the sale of any such goods shall be applied to the payment of the charges that have been occasioned by the sale and of the customs duty and other charges leviable in accordance with subsection (1), and the surplus, if any, shall be paid to the owner of such goods, and if the owner cannot be found within one month of the sale, the surplus shall be paid to the general revenue of Malaysia. (4) If at the sale of any such goods no sufficient bid is forthcoming to satisfy the customs duty and charges which are due in respect of the goods, the goods shall be forfeited to the government of Malaysia and shall be disposed of in such manner as the Collector may direct.


document_id: smcdca-1958
provision_ref: s12
chapter: PART 3 - ESTABLISHMENT OF COLLECTION STATIONS
section: 12
title: Abatement of customs duty
content:
12. After payment of customs duty, no abatement of such duty shall be allowed on any goods on account of damage, or on account of any claim — ( a ) to pay duty at a preferential rate; or ( b ) that the weight, measure, volume or value as determined by a Federal officer of customs for the purpose of ascertaining the duty on the goods or any other factor affecting the goods is incorrect, unless notice in writing of the claim has been given at or before the time of the payment of the customs duty.


document_id: smcdca-1958
provision_ref: s13
chapter: PART 3 - ESTABLISHMENT OF COLLECTION STATIONS
section: 13
title: Calculation of customs duty
content:
13. The rate of customs duty and the valuation, if any, applicable to any dutiable goods shall be determined in accordance with the provisions of the Customs Act 1967 (M. 235 (1980)) of Malaysia or any other Act of Malaysia amending or replacing that Act.


document_id: smcdca-1958
provision_ref: s14
chapter: PART 4 - DECLARATION OF GOODS AND PAYMENT
section: 14
title: Declaration of goods imported and payment of duty
content:
14. —(1) Subject to this Act, goods to be imported into Malaysia through a collection station shall not be loaded for despatch at or through the collection station until the importer or the consignor has, personally or by his agent — ( a ) made to a Federal officer of customs at the collection station a declaration in the prescribed form giving particulars of the goods to be imported; and ( b ) paid any import duty and other charges leviable on such goods: Provided that such declaration and payment of import duty shall not be required if the owner of any goods to be imported through a collection station consents, either personally or by his agent, to consign the goods in a manner satisfactory to a Federal officer of customs to a customs warehouse or a licensed warehouse in Malaysia established in accordance with the law of Malaysia. (2) Every passenger shall at a collection station or at any point between the Malayan Railway Station at Keppel Road, Singapore and the limits of Singapore declare to a Federal officer of customs all dutiable or prohibited goods in his possession, either on his person or in any baggage and shall pay any import duty leviable thereon.


document_id: smcdca-1958
provision_ref: s15
chapter: PART 4 - DECLARATION OF GOODS AND PAYMENT
section: 15
title: Declaration of goods exported and payment of duty
content:
15. —(1) Whenever goods are exported through a collection station, the exporter or the consignee thereof shall make, personally or by his agent, to a Federal officer of customs at the collection station a declaration in the prescribed form, giving particulars of the goods exported, and shall pay to the Federal officer of customs any export duty and other charges leviable on the goods: Provided that such declaration shall not be required in respect of any goods on which it is shown to the satisfaction of a Federal officer of customs that export duty has been paid at a customs station in Malaysia prior to the export of the goods. (2) A Federal officer of customs may refuse delivery of any goods exported through a collection station until the export duty and other charges leviable on the goods have been paid. (3) If the export duty payable in respect of such goods is not paid within 3 months from the time when possession of them was taken by a Federal officer of customs, the goods shall be sold by public auction, and the proceeds of the sale thereof shall be applied in payment of the charges that have been occasioned by the sale and of the export duty and other charges leviable in accordance with subsection (1), and the surplus thereof, if any, shall be paid to the owner of the goods, and if the owner cannot be found within one month of the sale, the surplus shall be paid to the general revenue of Malaysia. (4) Particulars of any intended sale shall be published in the Gazette not less than 14 days prior to the date of the sale. (5) If at the sale of any such goods no sufficient bid is forthcoming to defray the export duty and charges which are due in respect of the goods, the goods shall be forfeited to the government of Malaysia and shall be disposed of in such manner as the Collector may direct.


document_id: smcdca-1958
provision_ref: s16
chapter: PART 4 - DECLARATION OF GOODS AND PAYMENT
section: 16
title: Control of agents
content:
16. —(1) No person shall act as agent for transacting business relating to the import or export through a collection station of any goods except with the permission of the Collector. (2) When any person applies to the Collector for permission to act as agent on behalf of another person, the Collector may require the applicant to produce a written authority from the person on whose behalf he is to act and in default of that authority the Collector may refuse such permission. (3) Before granting such permission, the Collector may require the agent to give such security as he may consider adequate for the faithful and incorrupt conduct of the agent and of his clerks acting for him both as regards the customs and his employers. (4) The Collector may suspend or cancel any permission granted under this section, if the agent commits any breach of this Act or of any regulations made thereunder or if he fails to comply with any direction given by a Federal officer of customs with regard to the business transacted by the agent. (5) Any person who acts as agent when permission has not been granted to him under this section or while such permission is cancelled or suspended, or who makes or causes to be made a declaration of any goods without being duly authorised for that purpose by the importer or exporter or consignor or consignee of the goods shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500. (6) The clerk or employee of any person or firm may transact business generally at any collection station on behalf of that person or firm: Provided that the Collector may refuse to transact business with such clerk or employee unless the person or a member of the firm identifies the clerk or employee to the Collector as empowered to transact the business and deposits with the Collector a signed authority authorising the clerk or employee to transact such business on behalf of that person or firm.


document_id: smcdca-1958
provision_ref: s17
chapter: PART 5 - DUTIABLE GOODS IMPORTED BY POST
section: 17
title: Examination of postal articles
content:
17. —(1) All postal articles consigned to Malaysia, whether posted within Singapore or elsewhere, may by arrangement with a duly authorised officer of a public postal licensee, be examined while in the custody of the public postal licensee by any Federal officer of customs, and may be opened by an officer of that public postal licensee in the presence of a Federal officer of customs for the purpose of such examination. (2) In this section, “public postal licensee” has the meaning given by the Postal Services Act 1999. [12/92]


document_id: smcdca-1958
provision_ref: s18
chapter: PART 5 - DUTIABLE GOODS IMPORTED BY POST
section: 18
title: Assessment of customs duty
content:
18. When any postal article consigned to Malaysia is found to contain any dutiable goods, a Federal officer of customs may assess the amount of customs duty leviable thereon.


document_id: smcdca-1958
provision_ref: s19
chapter: PART 5 - DUTIABLE GOODS IMPORTED BY POST
section: 19
title: Forfeiture of postal articles containing undeclared dutiable goods
content:
19. —(1) Any postal article consigned to Malaysia found upon examination to contain dutiable goods, that postal article not having affixed thereto a true declaration of such goods, shall be liable to forfeiture by order of the Collector. (2) A Federal Superintendent of Customs and Excise may compound the offence by accepting from the addressee or consignor of any postal article liable to forfeiture under subsection (1) a sum not exceeding $500 and shall thereupon release that article on payment of the customs duty due thereon.


document_id: smcdca-1958
provision_ref: s20
chapter: PART 5 - DUTIABLE GOODS IMPORTED BY POST
section: 20
title: Application
content:
20. The provisions of this Act relating to — ( a ) levy of import duty; ( b ) search and seizure; ( c ) trials and proceedings; and ( d ) offences and penalties, shall apply so far as the same can be made applicable and are not inconsistent with the provisions of this Part to the importation of goods by post and to goods imported by post.


document_id: smcdca-1958
provision_ref: s21
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 21
title: Documents in support of declaration to be produced
content:
21. On demand of a Federal officer of customs, the importer or exporter or consignor or consignee of any goods or his agent shall produce to such officer all invoices, certificates of origin or of analysis and any other document which that officer may require to test the accuracy of any declaration made by the importer or exporter or consignor or consignee or agent to any Federal officer of customs.


document_id: smcdca-1958
provision_ref: s22
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 22
title: Taking of samples
content:
22. —(1) A Federal officer of customs may at any time, if his duty so requires, take samples of any goods in a collection station in order to ascertain whether they are goods of a description liable to customs duty, or to ascertain the customs duty payable on such goods or for such other purpose as a Federal Superintendent of Customs and Excise may think necessary for the purpose of this Act. (2) No payment shall be made for the cost of any sample taken, but the Federal officer of customs shall, on demand, give a receipt for any such sample. (3) Any sample taken in accordance with subsection (1) shall be disposed of in such manner as the Collector shall direct.


document_id: smcdca-1958
provision_ref: s23
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 23
title: Weighing and handling charges
content:
23. All necessary operations relating to the loading, unloading, carrying, weighing, opening, unpacking, repacking, bulking, sorting and marking of goods or passengers’ baggage in a collection station shall be performed by or at the expense of the owner, importer, exporter, consignor, consignee or agent, as the case may be: Provided that a Federal Superintendent of Customs and Excise may at his discretion direct that any such operation be performed by Federal Customs Officers or by any other person under his control, and in any such case the operation shall be performed at the expense of the owner, importer, exporter, consignor, consignee or agent, as the case may be.


document_id: smcdca-1958
provision_ref: s24
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 24
title: Powers while in transit in relation to baggage
content:
24. Any Federal officer of customs may in any railway at any point between the Malayan Railway Station at Keppel Road, Singapore and the limits of Singapore exercise in respect of any passenger and the goods and baggage of any passenger in such railway all the powers and perform all the duties which he is authorised by this Act to exercise or perform at a collection station.


document_id: smcdca-1958
provision_ref: s25
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 25
title: Protection of government of Malaysia and Federal officers of customs from liability
content:
25. Neither the government of Malaysia nor any Federal officer of customs nor any other person employed in connection with the Malaysia Customs shall be liable to make good any loss sustained in respect of any goods by fire, theft, damage or any other cause while the goods are in any collection station or in the lawful custody or control of any Federal officer of customs or of any person employed in connection with the Malaysia Customs unless the loss is caused by the wilful neglect or default of such officer or employee.


document_id: smcdca-1958
provision_ref: s26
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 26
title: Lien over goods deposited
content:
26. —(1) When any goods have been deposited in a collection station for a period exceeding 4 days reckoned from the date of deposit, the Collector may remove them to such place as he may in his discretion think fit and the Collector shall have a lien on the goods for any expenses incurred. (2) If any goods are not cleared — ( a ) from a collection station; or ( b ) from any place to which the Collector has removed them in accordance with subsection (1), within a period of one month reckoned from the date of deposit of the goods, the Collector may, after giving not less than 14 days’ notice in writing to the owner (if the name and address of the owner are known to him) or after giving not less than 14 days’ notice in the Gazette (if the name and address of the owner are not known to him), sell the goods. (3) The proceeds of the sale of any such goods shall be applied to the payment of the charges that have been occasioned by the sale and of any customs duty and other charges which may be due in respect of the goods or any other goods deposited in a collection station by or on behalf of the consignor of the goods, and the surplus, if any, shall be paid to the owner of the goods, and if the owner cannot be found within one month of the sale, the surplus shall be paid into the general revenue of Malaysia. (4) If at the sale of any such goods no sufficient bid is forthcoming to defray the customs duty and charges which are due in respect of the goods, the goods shall be forfeited to the government of Malaysia and shall be disposed of in such manner as the Collector may direct.


document_id: smcdca-1958
provision_ref: s27
chapter: PART 7 - SEARCH AND SEIZURE
section: 27
title: Power to open packages and examine goods and to stop and search conveyances
content:
27. —(1) For the purposes of carrying out the provisions of section 9, a Federal officer of customs may, within the limits of a collection station — ( a ) open or cause to be opened any case, bale or other package and may take samples, and may examine the contents thereof and may seal, mark or secure or cause to be sealed, marked or secured any such case, bale or package or any of its contents in such manner as he may see fit; ( b ) stop or detain any conveyance and examine the contents thereof; ( c ) if necessary for the purpose of carrying out a proper tally or examination of any goods exported from or intended to be imported into Malaysia, stop or cause to be stopped or otherwise control or direct the loading or unloading of any such goods. (2) The owner, importer, exporter, consignor, consignee or other person for the time being in charge of any goods shall be permitted to be present at any examination of the goods carried out under this section. (3) If a Federal officer of customs has in the exercise of his powers under this section stopped the loading or unloading of any goods exported from or intended to be imported into Malaysia, the loading or unloading shall not be resumed without his permission.


document_id: smcdca-1958
provision_ref: s28
chapter: PART 7 - SEARCH AND SEIZURE
section: 28
title: Seizure of goods the subject of an offence
content:
28. —(1) All goods in respect of which any Federal officer of customs reasonably suspects that any offence has been or is being committed under this Act or any regulations made thereunder, together with any receptacle, package or conveyance in which the goods have been found or which has been used in connection with the offence, and any books or documents which a Federal officer of customs reasonably believes to have a bearing on the case, may be seized by any Federal officer of customs. (2) All such goods and all such receptacles, packages, conveyances, books and documents shall, as soon as conveniently may be, be delivered into the care of a Federal Superintendent of Customs and Excise. (3) Whenever any goods, conveyances, books or documents are seized under this Act, the seizing officer shall forthwith give notice in writing of the seizure and the grounds thereof to the owner of such goods, if known, either by delivering the notice to him personally, or by post at any address given by him: Provided that such notice shall not be required to be given where the seizure is made on the person, or in the presence of the offender or the owner or his agent, as the case may be. (4) The provisions of this section relating to the seizure of goods shall apply to all the contents of any package or receptacle in which the goods are found and to any conveyance or article used to conceal the goods. (5) Any goods of a perishable nature seized under this section may be sold forthwith on the orders of a Federal Superintendent of Customs and Excise and the proceeds of sale held to abide the result of any prosecution or claim.


document_id: smcdca-1958
provision_ref: s29
chapter: PART 7 - SEARCH AND SEIZURE
section: 29
title: Search of passengers
content:
29. Any person leaving or about to leave Singapore and proceed to Malaysia by aircraft shall at any collection station, and any person leaving or about to leave Singapore and proceed to Malaysia by railway shall at any collection station or any point between the Malayan Railway Station at Keppel Road, Singapore and the limits of Singapore, on demand by any Federal officer of customs permit his person, goods and baggage to be searched by that officer: Provided that — ( a ) any person who requests that his person be searched in the presence of a Federal Superintendent of Customs and Excise shall not be searched except in the presence of and under the supervision of that officer; ( b ) the goods and baggage of any person who requests to be present when they are searched and so presents himself within a reasonable time shall not be searched except in his presence; ( c ) no woman shall be searched except by a woman.


document_id: smcdca-1958
provision_ref: s30
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 30
title: Who may prosecute
content:
30. Prosecutions in respect of offences committed under this Act or any regulations made thereunder may, with the authorisation of the Public Prosecutor, be conducted by any Federal Superintendent of Customs and Excise. [15/2010]


document_id: smcdca-1958
provision_ref: s31
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 31
title: Jurisdiction of District Courts
content:
31. Notwithstanding the provisions of any written law to the contrary, a District Court shall have jurisdiction to try any offence under this Act and to award the full punishment for any such offence.


document_id: smcdca-1958
provision_ref: s32
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 32
content:
32. A notification published in the Gazette of the government of Malaysia of the customs duty or any other charges payable to that government under the provisions of the Customs Act 1967 (M. 235 (1980)) of Malaysia or any other Act of Malaysia amending or replacing that Act or of the value of any goods fixed for the purpose of levying any customs duty, or of the prohibition on import into or export from Malaysia of any goods under any written law of Malaysia for the time being in force, shall be sufficient evidence for the purpose of any proceedings under this Act or any regulations made thereunder of the matters appearing in such notification.


document_id: smcdca-1958
provision_ref: s33
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 33
title: Burden of proof
content:
33. If, in any prosecution in respect of any goods seized for non‑payment of customs duty or for any other cause of forfeiture or for the recovery of any penalty or penalties under this Act, any dispute arises whether the customs duty has been paid in respect of the goods, or whether the goods have been lawfully imported or exported, or lawfully loaded, or concerning the place from where the goods were brought or where the goods were loaded, then and in every such case the burden of proof thereof shall lie on the defendant in the prosecution.


document_id: smcdca-1958
provision_ref: s34
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 34
title: Proportional examination of goods seized
content:
34. When any goods suspected of being liable to seizure have been seized, it shall be sufficient to open, examine, and if necessary test the contents of 10% only of each description of package or receptacle in which the goods are contained and the court shall presume that the goods contained in the unopened packages or receptacles are of the same nature, quantity and quality as those found in the similar packages or receptacles which have been opened.


document_id: smcdca-1958
provision_ref: s35
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 35
title: Certificate of analyst may be accepted
content:
35. —(1) In any prosecution for a breach of a provision of this Act or of any regulations made thereunder, a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein unless the defendant requires that the analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than 7 clear days before the commencement of the inquiry, trial or other proceeding. (2) In like manner a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the defendant, be sufficient evidence of the facts stated therein, unless the prosecutor requires that the analyst be called as a witness. (3) A copy of the certificate referred to in subsection (2) shall be sent to the prosecutor at least 7 clear days before the commencement of the inquiry, trial or other proceeding, and if it is not so sent the court may adjourn the hearing on such terms as it may think proper. (4) Analysts are by this Act bound to state the truth in certificates of analysis under their hands. (5) If an analyst is called as a witness by the defendant as provided by subsection (1), he shall be called at the expense of the defendant unless the court otherwise directs. (6) In this section, “analyst” means a person employed as a chemist by the Government either of Singapore or of Malaysia.


document_id: smcdca-1958
provision_ref: s36
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 36
title: Imprisonment for non-payment of fine
content:
36. Notwithstanding the provisions of the Criminal Procedure Code 2010, the period of imprisonment imposed by any court in respect of the non-payment of any fine under this Act, or in respect of the default of a sufficient distress to satisfy any such fine, shall be such period as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale: Where the fine: The period may extend to: ( a ) does not exceed $25 2 months ( b ) exceeds $25 but does not exceed $50 4 months ( c ) exceeds $50 but does not exceed $100 6 months with 2 additional months for every $100 after the first $100 of the fine until a maximum period of 3 years is reached.


document_id: smcdca-1958
provision_ref: s37
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 37
title: Manner of seizure not to be enquired into
content:
37. On any trial before any court and in any proceeding on appeal in the Supreme Court, relating to the seizure of goods subject to forfeiture under this Act, the court shall proceed to the trial or hear the appeal on the merits of the case only, without inquiring into the manner or form of making any seizure, except insofar as the manner and form of seizure may be evidence on such merits.


document_id: smcdca-1958
provision_ref: s38
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 38
title: Protection of informers
content:
38. —(1) Except as hereinafter provided, no witness in any civil or criminal proceeding shall be obliged or permitted to disclose the name or address of an informer or the substance of the information received from him or state any matter which might lead to his discovery. (2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery. (3) If on the trial for any offence under this Act or any regulations made thereunder the court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court to require the production of the original complaint, if in writing, and permit inquiry, and require full disclosure, concerning the informer.


document_id: smcdca-1958
provision_ref: s40
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 40
title: Court to order disposal of goods seized
content:
40. —(1) An order for the forfeiture or for the release of anything liable to forfeiture under the provisions of this Act shall be made by the court before which the prosecution with regard thereto has been held, and an order for the forfeiture of goods shall be made if it is proved to the satisfaction of the court that an offence under this Act or any regulations made thereunder has been committed and that the goods were the subject matter, or were used in the commission, of the offence notwithstanding that no person may have been convicted of the offence. (2) All goods forfeited under subsection (1) shall be ordered to be delivered into the custody of the Collector. (3) If such goods are sold, the proceeds of the sale shall be paid into the general revenue of Malaysia.


document_id: smcdca-1958
provision_ref: s41
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 41
title: Disposal of goods seized in respect of which there is no prosecution
content:
41. —(1) If there is no prosecution with regard to any goods seized under this Act, such goods shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim thereto is made before that date in the manner hereinafter set forth. (2) Any person asserting that he is the owner of such goods may personally or by his agent authorised in writing give written notice to the Collector that he claims the goods. (3) On receipt of such notice the Collector may direct that the goods be released or may, by information in the prescribed form, refer the matter to a District Judge or to a Magistrate for his decision. (4) The District Judge or the Magistrate shall issue a summons requiring the person asserting that he is the owner of the goods and the person from whom they were seized to appear before him, and upon their appearance or default to appear, due service of the summons being proved, the District Judge or the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such goods were the subject matter, or were used in the commission, of such offence shall order the goods to be forfeited, or may in the absence of such proof order their release. (5) In any proceedings under subsection (4), section 33 shall apply to the person asserting that he is the owner of the goods and to the person from whom they were seized as if such owner or person had been the defendant in a prosecution under this Act.


document_id: smcdca-1958
provision_ref: s42
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 42
title: Proceedings under other laws
content:
42. Nothing in this Act shall be deemed to prevent the prosecution, conviction and punishment of any person according to the provisions of any other written law for the time being in force in Singapore; but so that no person shall be punished more than once for the same offence.


document_id: smcdca-1958
provision_ref: s43
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 43
title: Compounding of offences
content:
43. —(1) Any Federal Superintendent of Customs and Excise may compound any offence, which is prescribed to be a compoundable offence, by accepting from the person reasonably suspected of having committed the offence a sum not exceeding $500. (2) In like manner any Federal Customs Officer may compound any offence, which is prescribed to be compoundable by that officer, by accepting from the person reasonably suspected of having committed the offence a sum not exceeding $20. (3) On the payment of such sum the person reasonably suspected of having committed the offence, if in custody shall be discharged, any property seized shall be released and no further proceedings shall be taken against that person or property.


document_id: smcdca-1958
provision_ref: s44
chapter: PART 8 - PROVISIONS AS TO TRIALS AND PROCEEDINGS
section: 44
title: No costs or damages in respect of seizure unless without reasonable or probable cause
content:
44. No person shall, in any proceedings before any court in respect of the seizure of any goods seized in exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the goods or the payment of their value unless the seizure was made without reasonable or probable cause.


document_id: smcdca-1958
provision_ref: s45
chapter: PART 9 - OFFENCES AND PENALTIES
section: 45
title: Incorrect declaration and documents
content:
45. Whoever makes, orally or in writing, or signs, any declaration, certificate or other document required by this Act which is untrue or incorrect in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: smcdca-1958
provision_ref: s46
chapter: PART 9 - OFFENCES AND PENALTIES
section: 46
title: Penalty for various offences
content:
46. Whoever — ( a ) unlawfully removes or in any way assists or is concerned in unlawfully removing any goods from a collection station; or ( b ) at any time before their importation into Malaysia opens, changes, substitutes, adds to or otherwise tampers with any goods or passengers’ baggage which have been duly declared at a collection station, shall be guilty of an offence and shall be liable on conviction — ( c ) in the case of dutiable goods — (i) for a first offence to a fine of not less than 6 times the amount of the customs duty or $5,000, whichever is the lesser amount, and of not more than 20 times the amount of the customs duty or $5,000 whichever is the greater amount: Provided that when the amount of customs duty cannot be ascertained the penalty may amount to a fine not exceeding $5,000; and (ii) for a second or any subsequent offence to such fine or to imprisonment for a term not exceeding 2 years or to both; ( d ) in the case of non-dutiable or prohibited goods, to a fine of not less than twice the value of the goods or $5,000, whichever is the lesser amount, and of not more than 5 times the value of the goods or $5,000 whichever is the greater amount: Provided that where the value of the goods cannot be ascertained the penalty may amount to a fine not exceeding $5,000.


document_id: smcdca-1958
provision_ref: s47
chapter: PART 9 - OFFENCES AND PENALTIES
section: 47
title: Assaulting or obstructing Federal officers of customs and rescuing seized goods
content:
47. Every person who — ( a ) assaults or obstructs any Federal officer of customs or other public servant or any person acting in his aid or assistance or duly employed for the prevention of offences under this Act, in the execution of his duty or in the due seizing of any goods liable to seizure under this Act; ( b ) rescues or endeavours to rescue, or causes to be rescued, any goods which have been duly seized; or ( c ) before or after any seizure staves, breaks or otherwise destroys any package or goods to prevent the seizure thereof or the securing of the package or goods, shall be guilty of an offence and shall be liable on conviction — ( d ) for a first offence to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 9 months or to both; and ( e ) for a second or any subsequent offence to a fine not exceeding $5,000 and to imprisonment for a term not exceeding 18 months.


document_id: smcdca-1958
provision_ref: s48
chapter: PART 9 - OFFENCES AND PENALTIES
section: 48
title: Offering or receiving bribes
content:
48. —(1) If any Federal officer of customs or other person duly employed for the prevention of offences under this Act — ( a ) makes any collusive seizure or delivers up or makes any agreement to deliver up or not to seize any means of conveyance, or any goods liable to seizure; ( b ) accepts, agrees to accept, or attempts to obtain, any bribe, gratuity, recompense or reward for the neglect or non‑performance of his duty; or ( c ) conspires or connives with any person to import or export or is in any way concerned in the importation or exportation of any goods liable to customs duty or any goods prohibited to be imported or exported for the purpose of seizing any conveyance or any goods and obtaining any reward for such seizure or otherwise, every such officer or such other person so offending shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both and every person who gives or offers or promises to give or procures to be given any bribe, gratuity, recompense or reward to, or makes any collusive agreement with, any such officer or person to induce him in any way to neglect his duty or to do, conceal or connive at any act whereby any of the provisions of any other written law of Malaysia relating to imports or to exports may be evaded, shall be guilty as an abettor and so punishable under this Act. (2) Any Federal officer of customs who is found when on duty to have in his possession any money in contravention of any departmental regulations issued in writing shall be presumed, until the contrary is proved, to have received the money in contravention of subsection (1)( b ). (3) If a Federal officer of customs has reasonable suspicion that another Federal officer of customs junior in rank to him has in his possession any money received in contravention of subsection (1)( b ), he may search that other officer.


document_id: smcdca-1958
provision_ref: s49
chapter: PART 9 - OFFENCES AND PENALTIES
section: 49
title: Offences for which no other provision is made
content:
49. Every omission or neglect to comply with, and every act done or attempted to be done contrary to, the provisions of this Act, or any breach of the conditions and restrictions subject to, or upon which, any licence or permit is issued under this Act, shall be an offence and in respect of any such offence for which no penalty is expressly provided the offender shall be liable on conviction to a fine not exceeding $2,000.


document_id: smcdca-1958
provision_ref: s50
chapter: PART 9 - OFFENCES AND PENALTIES
section: 50
title: Attempt and abetment
content:
50. Whoever attempts to commit any offence punishable under this Act, or abets the commission of that offence, shall be punished with the punishment for that offence.


document_id: smcdca-1958
provision_ref: s51
chapter: PART 9 - OFFENCES AND PENALTIES
section: 51
title: Offences by bodies of persons and by employees or agents
content:
51. —(1) Where an offence under this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to all the circumstances. (2) Where any person would be liable under this Act to any punishment, penalty or forfeiture for any act, omission, neglect or default, he shall be liable to the same punishment, penalty or forfeiture for every such act, omission, neglect or default of any clerk, employee or agent, or of the clerk or employee of such agent where such act, omission, neglect or default was committed by that clerk or employee in the course of his employment or by that agent when acting on behalf of that person or by the clerk or employee of that agent when acting in the course of his employment in such circumstances that had the act, omission, neglect or default been committed by the agent his principal would have been liable under this section.


document_id: smcdca-1958
provision_ref: s52
chapter: PART 10 - GENERAL
section: 52
title: Rewards
content:
52. The Collector may order such rewards as he may think fit to be paid to any officer or other person for services rendered in connection with the detection of offences under this Act, or in connection with any seizure made under this Act.


document_id: smcdca-1958
provision_ref: s53
chapter: PART 10 - GENERAL
section: 53
title: Powers of officers under certain Singapore Acts
content:
53. All Federal Superintendents of Customs and Excise and all Federal Customs Officers shall have and may exercise all or any of the powers of an officer of customs under the Customs Act 1960 and the Misuse of Drugs Act 1973.


document_id: smcdca-1958
provision_ref: s54
chapter: PART 10 - GENERAL
section: 54
title: Persons legally bound to give information
content:
54. Every person required by a Federal officer of customs to give information on any subject into which it is that officer’s duty to inquire under this Act and which it is in that person’s power to give shall be legally bound to give the information.


document_id: smcdca-1958
provision_ref: s55
chapter: PART 10 - GENERAL
section: 55
title: Packing of dutiable goods
content:
55. No dutiable goods shall be packed in a manner calculated to deceive a Federal officer of customs so that a proper account of the goods may not be taken.


document_id: smcdca-1958
provision_ref: s56
chapter: PART 10 - GENERAL
section: 56
title: Power to make regulations
content:
56. The President may at the request of the Yang di-Pertuan Agong make regulations — ( a ) to regulate the powers and duties to be exercised and performed by Federal Superintendents of Customs and Excise and Federal Customs Officers; ( b ) to regulate the conduct of all matters relating to the collection of customs duty; ( c ) to prescribe the days and times during which any collection station or customs warehouse may be open for business; ( d ) to prescribe the rates of overtime fees to be paid by the importers or exporters of goods or their agents in respect of the services of Federal officers of customs rendered on request beyond the ordinary hours prescribed and the conditions under which such overtime may be permitted; ( e ) to regulate the deposit, custody and withdrawal of goods in and from a collection station and the management and control of the same; ( f ) to prescribe the amount to be paid as warehouse rent on goods deposited in a collection station; ( g ) to prescribe the limits of the place or places at which collection stations are situated; ( h ) to prescribe the charges to be paid for operations performed under section 23 by Federal officers of customs or other persons under the control of Federal officers of customs; ( i ) to prescribe the forms to be used under this Act; ( j ) to prescribe the offences which may be compounded and the manner in which, and the Federal officers of customs by whom, they may be compounded; ( k ) to prescribe the fees to be paid for any act or service done or rendered by any Federal officer of customs which is not required to be done or rendered under this Act and for which no fee is prescribed by any written law; and ( l ) generally to give effect to the provisions of this Act.


document_id: smecla-2020
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “applicant” means an applicant for or to renew a licence; “authorised officer”, for any provision of this Act, means an officer or employee of the LTA who is appointed as an authorised officer under section 7 for the purposes of that provision; “bicycle”, “power-assisted bicycle” and “personal mobility device” have the meanings given by the Active Mobility Act 2017; “business” includes any business, whether or not carried on for profit; “chief executive officer”, in relation to a licensee, means an individual (by whatever name described) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the licensee; and ( b ) is principally responsible for the management and conduct of the business of the licensee insofar as it relates to providing a shared mobility service, and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer; “class licence” means a class licence determined under an order made under section 17(1) (including as varied under section 18); “class licensee” means a person to which a class licence applies; “corporation” means any body corporate formed or incorporated or existing in or outside Singapore and includes any foreign company within the meaning of the Companies Act 1967; “director” has the meaning given by section 4(1) of the Companies Act 1967; “general public” includes a section of the public; “granted” or “grant”, for a licence, includes granted or grant on renewal and deemed granted; “licence” means a licence granted under Part 3; “licensee” means a person to whom a licence is granted under this Act but does not include a class licensee; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995; “mobility scooter” and “motorised wheelchair” have the meanings given by the Active Mobility Act 2017; “mobility vehicle” means a mobility scooter or a motorised wheelchair; “modification” or “modify”, in relation to the conditions of a licence, includes deleting or varying and substituting a condition, and adding a condition; “officer”, in relation to an applicant or a class licensee or licensee, means — ( a ) where the applicant, class licensee or licensee is a body corporate (including a limited liability partnership) — (i) an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body or any position analogous to any of those offices; or (ii) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; ( b ) where the applicant, class licensee or licensee is a partnership (including a limited partnership), a partner of the partnership; or ( c ) where the applicant, class licensee or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of the committee of the unincorporated association, or any position analogous to any of those offices, and includes any person carrying out the duties of any such office referred to in paragraph ( a ), ( b ) or ( c ) if the office is vacant; “park”, in respect of a vehicle, means to bring the vehicle to a stationary position and cause it to wait for any purpose; “partner”, in relation to a limited partnership, includes a limited partner in the limited partnership; “premises” means a building or structure (whether permanent or temporary) or part of such a building or structure, and includes any immediately adjoining space or land necessary for access to, or the enjoyment of occupants of, the building or structure; “provider”, in relation to a shared mobility service, means the person who provides the shared mobility service; “public authority” means — ( a ) any ministry, department or Organ of State of the Government; or ( b ) any body established by or under any public Act to perform a public function; “public place” means any land or premises in Singapore — ( a ) which is, or is on — (i) any State land; (ii) any land under the control or management of a public authority; or (iii) any land which is under lease from a public authority to another person other than another public authority or to the Government, and is prescribed by the Minister, by order in the Gazette , as a public place for the purposes of this Act; and ( b ) to which members of the public have access as of right or by virtue of express or implied permission and without payment of a fee, and includes a public path within the meaning given by the Active Mobility Act 2017; “public service vehicle” has the meaning given by the Road Traffic Act 1961; “Regulations” means any regulations made under section 48; “regulatory action” means any action that may be taken by the LTA — ( a ) under section 29(1) or (2) against a licensee or class licensee; or ( b ) under section 30(2) against a former licensee or former class licensee; “representative”, for a provider of a shared mobility service using a type of vehicle, means an individual (whether or not an employee or officer of the provider) who — ( a ) is directly involved in the day-to-day management of the provision of that shared mobility service; ( b ) has access to and is authorised to provide any information relating to the shared mobility service that is required by or under this Act; and ( c ) is authorised to represent for the purposes of this Act the provider of the shared mobility service in providing that service; “road” has the meaning given by section 2(1) of the Road Traffic Act 1961; “safety directive” means a directive given under section 26; “safety incident”, in relation to a shared mobility service, means — ( a ) any situation where an individual — (i) dies as a result of an occurrence associated with the riding of a vehicle used in the provision of that service; or (ii) is injured or incapacitated as a result of an occurrence associated with the riding of a vehicle used in the provision of that service; or ( b ) any situation where any immovable property is destroyed or seriously damaged as a result of an occurrence associated with the riding of a vehicle used in the provision of that service, and “occurrence” includes an accident or a near‑accident; “shared mobility service” has the meaning given by section 3; “standard of performance” means a standard of performance issued or approved by the LTA under section 24, and includes any such standard of performance as amended from time to time under that section; “under-aged rider” has the meaning given by the Active Mobility Act 2017; “unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose; “vehicle” means — ( a ) a bicycle; ( b ) a power-assisted bicycle; ( c ) a personal mobility device; ( d ) a mobility vehicle; or ( e ) any other vehicle (whether mechanically propelled or otherwise) that is designed to transport people only (with or without carry‑on baggage) and is ordinarily not permitted by law to be used on a road, and does not include a motor car or motor cycle, a heavy or light locomotive, a motor tractor or a public service vehicle which is a bus, private hire car or taxi; “vehicle location device” means a device that is capable of transmitting signals about the approximate location of a vehicle for reception by another device. (2) In this Act, “improperly park a vehicle in a public place”, for a type of vehicle, means parking, or permitting to remain at rest without a rider, the vehicle undocked outside an area that is — ( a ) demarcated (by a marking or traffic sign or other signboard) for parking of vehicles of that type; and ( b ) provided by any licensee, class licensee, the Government or a public authority for the parking of vehicles of that type. (3) To avoid doubt, a reference in this Act to an offence under this Act or a provision of this Act includes a reference to an offence under the Regulations or to a provision of the Regulations, as the case may be.


document_id: smecla-2020
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “shared mobility service” and associated terms
content:
3. —(1) In this Act, unless the context otherwise requires — “booking”, in relation to a shared mobility service, means a booking for a vehicle used in the provision of that service to be hired for riding by an individual on wholly or partly in a public place; “hire”, for a vehicle, does not include hiring the vehicle under a hire‑purchase agreement but includes any of the following: ( a ) the hire of a vehicle for use on a single occasion, or the hire of a vehicle or different vehicles on multiple occasions within a fixed period; ( b ) the hire of the vehicle as a free gift, or with the supply of any other goods or services as a free gift; ( c ) the hire of the vehicle as a prize in any lottery, raffle, draw, game or competition held in Singapore; ( d ) the hire of the vehicle to the general public as a free example or demonstration of a shared mobility service; ( e ) the hire (with or without consideration) of the vehicle to an employee for the performance of employment duties or an outworker under an outwork arrangement; “hirer” includes a prospective hirer of a vehicle; “outwork arrangement” means a contract, an agreement, understanding or other arrangement of any kind (whether written or unwritten) with a contractor — ( a ) under which an individual (whether or not in the course of business or providing other services) performs work contracted to be performed under that contract, agreement, understanding or other arrangement for the contractor; and ( b ) that is not a contract of employment; “outworker” means an individual who performs work under an outwork arrangement; “provide a shared mobility service” means providing a shared mobility service in the course of business, whether or not the primary function of the business is connected to shared mobility services; “shared mobility service” means — ( a ) a service provided using vehicles of a type prescribed by Regulations, under which an individual — (i) can hire on-demand a vehicle of that type when it is standing or exposed undocked in a public place for hire by the general public to ride on wholly or partly in a public place, and can end the hiring of the vehicle undocked in or at any public place; (ii) can hire on-demand a vehicle of that type when it is standing or exposed undocked (whether or not in a public place) for hire by the general public or otherwise to ride on wholly or partly in a public place, and can end the hiring of the vehicle either undocked or docked in or at any place, whether or not a public place; (iii) can hire a docked vehicle of that type to ride on wholly or partly in a public place, and can end the hiring of the vehicle either undocked or docked in or at any place, whether or not a public place; (iv) can make a booking to hire as described in sub‑paragraph (i), (ii) or (iii) a vehicle of that type to ride on wholly or partly in a public place, whether immediately or at a later time; or ( b ) a service that involves facilitating the making and taking of bookings to hire as described in paragraph ( a )(i), (ii) or (iii) any vehicle of a type prescribed by Regulations, but excludes any service of a kind that the Regulations prescribe is not a shared mobility service. (2) In this Act, a vehicle is treated as undocked if the vehicle is parked or permitted to remain at rest without a rider in or at a place — ( a ) that is outdoors or in an unenclosed shelter; and ( b ) other than in or at a vehicle docking station or installation that — (i) is attached permanently to the ground; and (ii) is installed or provided by a person for the exclusive use of that person’s customers and can only be used by those customers. (3) In this Act, a vehicle is treated as docked if the vehicle is parked or permitted to remain at rest without a rider in circumstances not described in subsection (2). (4) For the purpose of determining whether a person provides a shared mobility service in Singapore, it does not matter — ( a ) that a booking is obtained or communicated remotely by means of an electronic device or other means not directly provided by the person who provides the service; or ( b ) that the provider of the shared mobility service is located outside Singapore, if the vehicle hired under that service is hired for riding wholly or partly within Singapore.


document_id: smecla-2020
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Purposes of Act
content:
4. The purposes of this Act are to regulate the provision of shared mobility services so as — ( a ) to facilitate the delivery of safe, reliable, efficient and customer‑focused shared mobility services in Singapore; ( b ) to address indiscriminate parking of vehicles in public places arising from the provision of shared mobility services; and ( c ) to enable the development and operation of innovative and accessible shared mobility services which contribute to the mobility and safety of people in Singapore.


document_id: smecla-2020
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Application of Act
content:
5. —(1) This Act binds the Government, but nothing in this Act renders the Government liable to prosecution for an offence under this Act. (2) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government or is acting in any other similar capacity for, or on behalf of, the Government.


document_id: smecla-2020
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Administration of Act
content:
6. —(1) It is the function of the LTA to exercise licensing and regulatory functions in accordance with this Act with respect to the provision in Singapore of shared mobility services, and to otherwise administer this Act. (2) No liability shall lie personally against any member, officer or employee of the LTA or any other person acting under the direction of the LTA for anything done or intended to be done in good faith and with reasonable care in the execution or purported execution of this Act.


document_id: smecla-2020
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Authorised officers
content:
7. —(1) The LTA may, in relation to any provision of this Act, appoint any of its officers or employees to be an authorised officer for the purposes of that provision, either generally or in a particular case. (2) The LTA may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to any conditions or limitations that the LTA may specify; and any reference in that provision of this Act to the LTA includes a reference to such an authorised officer.


document_id: smecla-2020
provision_ref: s8
chapter: PART 2 - UNAUTHORISED ACTIVITIES
section: 8
title: Unauthorised shared mobility service
content:
8. —(1) A person commits an offence if the person provides in Singapore a shared mobility service when the person — ( a ) is not authorised to do so by a licence or class licence; and ( b ) is not exempt from this section under section 47 in relation to that service. (2) The offence under subsection (1) is a strict liability offence. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (4) For the purposes of this section — ( a ) a licensee is not authorised by its licence to provide a shared mobility service during the period the licence is suspended under section 29; and ( b ) a class licensee is not authorised by its class licence to provide a shared mobility service during the period the application of the class licence to that class licensee is suspended under section 29.


document_id: smecla-2020
provision_ref: s9
chapter: PART 2 - UNAUTHORISED ACTIVITIES
section: 9
title: Unauthorised vehicle used for shared mobility services
content:
9. —(1) A person commits an offence if the person provides in Singapore a shared mobility service — ( a ) using vehicles which are the type, or the model of a type of vehicles, proscribed by Regulations; and ( b ) when the person is not exempt from this section under section 47 in relation to that service. (2) The offence under subsection (1) is a strict liability offence. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (4) For the purposes of this section, it is not material whether the accused is a licensee or class licensee.


document_id: smecla-2020
provision_ref: s10
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 10
title: Application for or to renew licence
content:
10. —(1) An application for or to renew a licence must be made to the LTA in accordance with this section. (2) An application for or to renew a licence must — ( a ) be in the form and manner the LTA specifies; ( b ) be accompanied by an application fee, if prescribed; ( c ) contain — (i) an address in Singapore at which notices and other documents under this Act for the applicant may be served; or (ii) the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act; ( d ) state the type of vehicle used or to be used in the provision of the shared mobility service; and ( e ) be accompanied by the prescribed information and any other additional information that the LTA requires to decide on the application. (3) In addition, an application to renew a licence must be made no later than a prescribed period before the date of expiry of the licence, unless otherwise allowed by the LTA in any particular case which must then be treated as a late renewal application. (4) The LTA may refuse to consider an application for or to renew a licence — ( a ) that is incomplete or not made in accordance with this section; ( b ) where an inspection mentioned in subsection (5) in relation to the application is refused; or ( c ) where a safety directive is in force. (5) Upon receiving an application for or to renew a licence, the LTA may carry out, or arrange to be carried out by any authorised officer, such investigations and inquiries in relation to the application as the LTA considers necessary for a proper consideration of the application, which may include an inspection of either or both the following: ( a ) the land or premises on or at which the applicant intends either or both the following: (i) to provide the shared mobility service in the application; (ii) to place any vehicle or carry out any activity in connection with the provision of that shared mobility service; ( b ) any vehicle, equipment or other thing which the applicant intends to use to provide the shared mobility service in the application. (6) A person commits an offence if the person, being an applicant for the grant of a licence — ( a ) provides, or causes or permits to be provided, any document or information in connection with the application, which is false in a material particular; and ( b ) knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular. (7) A person who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: smecla-2020
provision_ref: s11
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 11
title: Grant of licences
content:
11. —(1) After considering any application under section 10 for or to renew a licence, the LTA may — ( a ) on payment of — (i) the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to provide a shared mobility service; or (ii) a renewal fee and, in the case of a late renewal application a late renewal fee (if prescribed), renew the licence; or ( b ) refuse to grant or renew the licence, as the case may be. (2) In deciding whether an applicant should be granted a licence, or the applicant’s licence should be renewed, and the conditions to impose or modify, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters: ( a ) whether the applicant is or is not — (i) intending to provide any other shared mobility service; or (ii) a holder of another licence or a class licensee; ( b ) the demand for the shared mobility service in the application; ( c ) the existence of other licensees providing a shared mobility service using the same type of vehicle proposed in the application; ( d ) the existence of other licensees providing a shared mobility service using other types of vehicles; ( e ) the design, safety and roadworthiness of the vehicles to be used by the applicant in providing the shared mobility service; ( f ) the adequacy of parking places for the type of vehicles proposed to be used in providing the shared mobility service in the application; ( g ) whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the shared mobility service in the application according to this Act and the applicable standards of performance; ( h ) whether the applicant is a corporation, partnership, limited liability partnership or an unincorporated association; ( i ) whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management and operation of providing the shared mobility service in the application; ( j ) whether the applicant has nominated or will nominate at least one individual who satisfies the prescribed qualifications as a representative if a licence is granted; ( k ) whether it is otherwise contrary to the public interest for the licence to be granted to the applicant. (3) For the purpose of determining whether or not a person or an individual mentioned in subsection (2)( i ) is a suitable person to be involved in the management and operation of providing a shared mobility service, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters: ( a ) the person’s or individual’s relevant knowledge, competency and experience in matters connected with providing such a service; ( b ) any evidence of the exercise of any power under section 29 or 30 — (i) in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act; or (ii) in relation to a licensee holding, or a former licensee which held, a licence of which the individual is or was an officer when the power was exercised; ( c ) any evidence of the exercise of any power under section 8P of the Parking Places Act 1974 (as in force before 22 July 2020) in relation to a person holding a licence granted under Part 3 of that Act to provide a licensable service, of which the individual is or was an officer when that power was exercised; ( d ) any prior conviction for committing (whether before, on or after 22 July 2020) any of the following offences: (i) an offence under Part 3 of the Parking Places Act 1974 (or regulations made under that Part) as in force before 22 July 2020; (ii) an offence under this Act; (iii) an offence under section 32A of the Street Works Act 1995 or section 23B, 28 or 58A of the Active Mobility Act 2017; (iv) any other offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court; (v) any relevant offence under any written law; ( e ) any previous occasion where the person or individual accepted any composition sum offered under any written law for an offence mentioned in paragraph ( d ). (4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2) or (3) and may take into account any other matters and evidence that may be relevant. (5) Without affecting subsection (1), the LTA may grant a renewal of a licence (of any class) with or without modifying the conditions of the licence, but section 14(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence. (6) The LTA may subdivide licences it grants under this section into classes, such as according to any of the following, and may grant the licence accordingly: ( a ) the construction or type of vehicle used in providing the shared mobility service authorised by the licence; ( b ) the type of shared mobility service; ( c ) the number of vehicles used or intended to be used in providing the shared mobility service authorised by the licence; ( d ) the place where the shared mobility service is being or is to be provided.


document_id: smecla-2020
provision_ref: s12
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 12
title: Periodic fee for licence and licence validity
content:
12. —(1) Every licence granted under this Part is valid for the period specified in the licence and is in force unless the licence is earlier suspended or revoked under section 29. (2) For every period prescribed (which must not exceed the validity of a licence), the licensee granted that licence must pay to the LTA, not later than the date prescribed, a periodic fee prescribed for that licence. (3) If a licensee fails to pay the periodic fee in accordance with subsection (2), the LTA may, by written notice, require the licensee to make good the default. (4) Every licence must be in the form the LTA determines.


document_id: smecla-2020
provision_ref: s13
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 13
title: Conditions of licences
content:
13. —(1) In granting a licence to any person, the LTA may impose any conditions that the LTA considers requisite or expedient having regard to the purposes of this Act. (2) In particular, in granting a licence to a provider of a shared mobility service, the LTA may impose conditions — ( a ) fixing the type of vehicles which may be made available by the licensee for hiring in the provision of the shared mobility service authorised by the licence; ( b ) fixing the maximum or minimum number, or both, of the vehicles which the licensee, during the validity period of the licence or any part of that period — (i) may offer or expose for hiring; or (ii) may allow the hiring of which to end undocked, or both; ( c ) fixing the area in Singapore within which the licensee may provide the shared mobility service authorised by the licence; ( d ) requiring a serial number to be engraved on or affixed to every vehicle used or to be used by the licensee to provide the shared mobility service authorised by the licence; ( e ) requiring the licensee to provide parking spaces for the type of vehicles used or to be used by the licensee in providing the shared mobility service authorised by the licence; ( f ) requiring the licensee to take, so far as is reasonably practicable, any measures that are necessary to ensure that, for every vehicle hired from the licensee in the course of providing the shared mobility service, the rider of the vehicle has attended and successfully completed a prescribed test of competence to ride the vehicle which is the subject of the hiring; ( g ) requiring the licensee — (i) to appoint, and ensure that at all times there is appointed, one or more persons in Singapore authorised by the licensee to accept on the licensee’s behalf service of notices and other documents under this Act; and (ii) to provide the name, address and contact details of the person or persons appointed as required by sub‑paragraph (i); ( h ) requiring the licensee — (i) to nominate, and ensure that at all times there is nominated, one or more representatives each of whom satisfies the prescribed qualifications; and (ii) to provide the name, address and contact details of the representative or representatives so nominated; ( i ) requiring the furnishing of a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the LTA may determine — (i) to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee; (ii) to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee, or both; or (iii) to meet any cost or expenses which the LTA may reasonably incur in moving and disposing of vehicles that were used by a former licensee in providing shared mobility services and are abandoned in public places; ( j ) requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with — (i) the provisions of this Act or a standard of performance applicable to the licensee; (ii) the conditions of the licence granted to that licensee; or (iii) a direction given under this Act or a safety directive; and ( k ) prohibiting the collection of deposits from hirers of vehicles used in the provision of the shared mobility service by the licensee. (3) An audit referred to in subsection (2)( j ) must be carried out by authorised officers or other officers of the LTA or such qualified individuals approved by the LTA for that purpose.


document_id: smecla-2020
provision_ref: s14
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 14
title: Modifying conditions of licence
content:
14. —(1) Subject to this section, it is lawful for the LTA to modify the conditions of a licence without compensating the licensee concerned. (2) Before modifying any condition of a licence, the LTA must give notice to the licensee holding that licence — ( a ) stating that the LTA proposes to make the modification in the manner as specified in the notice; and ( b ) specifying the time (being not less than 14 days from the date of service of notice on the licensee) within which the licensee may make written representations to the LTA with respect to the proposed modification. (3) Upon receiving any written representation referred to in subsection (2), the LTA must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification of any condition of a licence in such manner as the LTA thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where — ( a ) the LTA rejects any written representation under subsection (3)( a ); ( b ) the LTA amends any proposed modification to any condition of a licence under subsection (3)( b ); or ( c ) no written representation is received by the LTA within the time specified in subsection (2)( b ), or any written representation made under that subsection is subsequently withdrawn, the LTA must issue a written direction to the licensee in question requiring the licensee, within the time specified by the LTA, to give effect to the modification as specified in the notice under subsection (2) or as amended by the LTA, as the case may be.


document_id: smecla-2020
provision_ref: s15
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 15
title: Modifying licence conditions on licensee’s application
content:
15. —(1) A licensee may apply to the Authority to modify any condition of the licensee’s licence mentioned in section 13(2)( b ), and no other condition. (2) An application under subsection (1) must — ( a ) be in the form and manner the LTA determines; ( b ) be accompanied by an application fee, if prescribed; and ( c ) be accompanied by such prescribed information and any other additional information that the LTA requires to decide on the application. (3) However, an application under subsection (1) must be made no later than 9 months (or such longer or shorter period as may be prescribed in substitution) before the date of expiry of the licence concerned. (4) The LTA may refuse to consider an application under subsection (1) to modify the condition of the licensee’s licence where the application is incomplete or not made in accordance with this section. (5) After considering any application under subsection (1) and whether a safety directive is in force, the LTA may do either of the following: ( a ) on payment of a fee (if prescribed) to modify a licence condition in subsection (1), modify other relevant conditions of the licence and grant the licensee the modification applied for; ( b ) refuse to modify the licence condition in the application. (6) Sections 11(2), (3), (4) and (5) and 13(2)( i ) apply, with the necessary modifications, to every application under subsection (1) as if the application were an application for or to renew a licence. (7) A person commits an offence if the person, being an applicant under subsection (1) to modify any condition of the licensee’s licence — ( a ) provides, or causes or permits to be provided, any document or information in connection with the application which is false in a material particular; and ( b ) knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular. (8) A person who is guilty of an offence under subsection (7) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: smecla-2020
provision_ref: s16
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 16
title: Restriction on transfer and surrender of licence
content:
16. —(1) A licence, and any rights, benefits or privileges under the licence, are not transferable or assignable to any other person unless — ( a ) the licence contains a condition authorising the transfer or assignment; and ( b ) the LTA consents in writing to the transfer or assignment. (2) Any consent under subsection (1) may be given subject to compliance with any conditions that the LTA thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence; but section 14(2), (3) and (4) does not apply to or in relation to these modifications to the conditions of the licence. (3) A transfer or an assignment, or purported transfer or assignment, of a licence, or of any rights, benefits or privileges under the licence, is void and of no effect — ( a ) if the licence is not capable of transfer or assignment; ( b ) if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or ( c ) if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (1) is given. (4) Every licence is not capable of being surrendered without the written consent of the LTA, and any surrender or purported surrender of a licence is void if it is without such consent. Division 2 &#x2014; Class licences


document_id: smecla-2020
provision_ref: s17
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 17
title: Class licence
content:
17. —(1) The LTA may, with the approval of the Minister, by order in the Gazette determine a class licence that authorises a person to which the order applies to provide a shared mobility service or a class or description of shared mobility service without a licence granted under Part 3 — ( a ) for a specified period or indefinitely, or to an extent specified in that order; and ( b ) subject to any conditions that may be specified in that order. (2) To avoid doubt, there may be more than one class licence determined, and according (but not limited) to any of the following: ( a ) the construction or type of vehicle used in providing a shared mobility service; ( b ) the type of shared mobility service; ( c ) the number of vehicles used or intended to be used in providing a shared mobility service; ( d ) the place where a shared mobility service is being or is to be provided. (3) An order under subsection (1) continues in force, unless it is revoked, for such period as may be specified in the order. (4) The provision of a shared mobility service by a class licensee to which an order under subsection (1) applies is deemed authorised by this Act if it is done in accordance with the conditions of the order.


document_id: smecla-2020
provision_ref: s18
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 18
title: Variation and revocation of class licence
content:
18. —(1) Subject to this section, the LTA may, with the approval of the Minister and by order in the Gazette , vary a class licence determined under an order made under section 17 by — ( a ) varying or revoking any condition specified in the order; or ( b ) specifying additional conditions of the order. (2) Before varying a class licence determined under an order made under section 17(1) or revoking such an order, the LTA must, unless it considers it impractical or undesirable in the circumstances of the case, cause to be published, in accordance with subsection (3), a written notice that — ( a ) states that the LTA proposes to vary the class licence, or to end the class licence; ( b ) describes the proposed variation or ending; and ( c ) invites interested persons to make representations about the proposed variation or ending by a specified date that is at least 14 days after the date of publication of the notice. (3) A notice under subsection (2) must be published on the LTA’s website or in one or more other forms that are readily accessible by the public. (4) The LTA must, before varying a class licence determined under an order under subsection (1) or revoking such an order, give due consideration to any representations made to the LTA pursuant to the notice given in accordance with subsection (2).


document_id: smecla-2020
provision_ref: s19
chapter: PART 3 - SHARED MOBILITY SERVICES LICENSING
section: 19
title: Conditions applicable to class licensee
content:
19. —(1) Without limiting section 17(1) or 18, the conditions subject to which a class licensee may provide a shared mobility service under a class licence may include any of the following requirements: ( a ) to do or not to do any things that are specified or are of a description specified, except insofar as the LTA consents to the class licensee doing or not doing them; ( b ) to refer for determination by the LTA such questions arising under the class licence or of a description specified; ( c ) to take, so far as is reasonably practicable, any measures that are necessary to ensure that, for every vehicle hired from the class licensee in the course of providing a shared mobility service, the rider of the vehicle has attended and successfully completed a prescribed test of competence to ride the vehicle which is the subject of the hiring; ( d ) to provide information and reports to the LTA about the class licensee and the shared mobility service it provides; ( e ) to provide the LTA — (i) an address in Singapore at which notices and other documents under this Act for the class licensee may be served; or (ii) the name and address of one or more persons in Singapore authorised by the class licensee to accept on the class licensee’s behalf service of notices and other documents under this Act; ( f ) to nominate, and ensure that at all times there is nominated, one or more representatives each of whom satisfies the prescribed qualifications, and to provide the LTA the name, address and contact details of the representative or representatives so nominated. (2) In particular, a class licence may provide that the class licence applies to a person subject to a condition precedent that requires that person — ( a ) to notify the LTA about the person’s identity and other particulars about the shared mobility services provided by the person; and ( b ) to pay a charge to the LTA for receiving the notification.


document_id: smecla-2020
provision_ref: s20
chapter: PART 4 - BUSINESS OPERATION REQUIREMENTS
section: 20
title: Change in management of licensee
content:
20. —(1) It is a condition of every licence that the licensee to whom the licence is granted must notify the LTA of, where the licensee is a corporation, partnership, limited liability partnership or an unincorporated association — ( a ) the resignation or removal of any officer of the corporation, partnership, limited liability partnership or unincorporated association (as the case may be) within the prescribed period after the date of resignation or removal, as the case may be; or ( b ) the death of any of its officers within the prescribed period after the date the licensee becomes aware of that death. (2) To avoid doubt, this section applies even though a licence is suspended pursuant to section 29.


document_id: smecla-2020
provision_ref: s21
chapter: PART 4 - BUSINESS OPERATION REQUIREMENTS
section: 21
title: Accounts and statements
content:
21. —(1) A licensee must — ( a ) in respect of the whole or part (as the case may be) of every financial year, prepare such accounts and statements as are specified in, or ascertained in accordance with, the Regulations; ( b ) retain the accounts and statements prepared in accordance with paragraph ( a ) for 5 years after the end of the period to which they relate; ( c ) within the prescribed period after the close of a financial year of the licensee, give the LTA those accounts and statements duly audited by an auditor approved by the LTA; and ( d ) keep and retain records, where the records are relevant to the preparation of the accounts and statements of the licensee mentioned in paragraph ( a ), for such period and in such manner as prescribed in the Regulations. (2) A licensee must not prepare any accounts or statements required by subsection (1) in such a way that they do not correctly record and explain the matters or things to which they relate. (3) A licensee — ( a ) who is subject to any requirement under subsection (1) or (2); and ( b ) who intentionally or negligently contravenes the requirement, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) Regulations may be made to vary the period mentioned in subsection (1)( b ).


document_id: smecla-2020
provision_ref: s22
chapter: PART 4 - BUSINESS OPERATION REQUIREMENTS
section: 22
title: Record-keeping and giving information
content:
22. —(1) A licensee must — ( a ) keep and retain, for such period as may be prescribed, records, where the records are relevant to monitoring or evaluating, under this Act, an aspect of the shared mobility service as specified in the licence granted to the licensee; and ( b ) give to the LTA, within the period and in the manner specified in the licence, information that is relevant to monitoring or evaluating, under this Act, an aspect of the shared mobility service as specified in the licence granted to the licensee. (2) A class licensee providing a shared mobility service to which an order under section 17 (including as varied under section 18) applies must — ( a ) keep and retain, for such period as may be prescribed, records where the records are relevant to monitoring or evaluating, under this Act, an aspect of the shared mobility service as specified in the order; and ( b ) give to the LTA, within the period and in the manner prescribed, information that is relevant to monitoring or evaluating, under this Act, an aspect of the shared mobility service as specified in the order. (3) A person who is subject to a requirement under subsection (1) or (2) to keep and retain or give any record or information commits an offence if the person — ( a ) intentionally or negligently contravenes the requirement under subsection (1) or (2) to keep, retain or give; ( b ) intentionally alters, suppresses or destroys any record or information which the person is required under subsection (1) or (2) to keep, retain or give; or ( c ) who, in keeping, retaining or giving the record or information required under subsection (1) or (2), makes any statement which the person knows to be false in a material particular, or recklessly makes such a statement. (4) A person who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $10,000.


document_id: smecla-2020
provision_ref: s23
chapter: PART 4 - BUSINESS OPERATION REQUIREMENTS
section: 23
title: Monitoring improper parking by hirers
content:
23. —(1) A licensee providing a shared mobility service using a type of vehicles may enter into an information sharing arrangement with another licensee providing a shared mobility service using the same or different type of vehicles to share or exchange information held by the licensees for the purpose of subsection (4). (2) Under an information sharing arrangement mentioned in subsection (1), each party to the arrangement, despite any other Act, is authorised — ( a ) to request and receive information held by the other party to the arrangement; and ( b ) to disclose information to the other party, but only to the extent that the information is reasonably necessary to assist in the exercise of any power under subsection (4). (3) However, the information to which an information sharing arrangement mentioned in subsection (1) may relate is limited to the following: ( a ) information concerning possible improper parking in public places by hirers of vehicles which were hired from licensees who are party to the arrangement; ( b ) information about hirers in respect of whom a power under subsection (4) has been exercised by any licensee which is party to the arrangement; ( c ) other information prescribed. (4) Every licensee — ( a ) is entitled to refuse to hire or further hire for a period not exceeding a prescribed period to any individual any undocked vehicle used by the licensee to provide a shared mobility service where the licensee has reasonable grounds to believe that the individual persistently improperly parks vehicles (whether or not hired from the same licensee) in public places; and ( b ) must refuse to hire or further hire to a particular individual for a period not exceeding a prescribed period any undocked vehicle used by the licensee to provide a shared mobility service, where directed by the LTA under section 25. (5) For the purpose of subsection (4), an individual seeking at any time in a year to hire to ride an undocked vehicle (called vehicle A ) from a licensee may be treated by the licensee as an individual who persistently improperly parks vehicles in public places if, pursuant to an information sharing arrangement mentioned in subsection (1), the licensee reasonably believes the individual to have, upon ending any hiring of a vehicle from the licensee or another licensee, improperly parked in any public place a vehicle on at least 3 earlier occasions within the year — ( a ) where any vehicle involved in the earlier occasions is of the same type as vehicle A or is of a prescribed class within which vehicle A falls; and ( b ) after disregarding all other occasions of improper parking in public places before that year. (6) Despite subsection (5), if an individual is refused by a licensee under subsection (4) the hire or further hire of a vehicle, all occasions which counted towards that refusal must be disregarded for the purposes of subsequent determinations by any licensee as to whether that individual is or is not an individual who persistently improperly parks vehicles in public places. (7) Regulations may be made to vary, for any year, the number of occasions mentioned in subsection (5). Division 2 &#x2014; Standards of performance and directions


document_id: smecla-2020
provision_ref: s24
chapter: PART 4 - BUSINESS OPERATION REQUIREMENTS
section: 24
title: Standards of performance for licensees and class licensees
content:
24. —(1) The LTA may — ( a ) issue one or more standards of performance applicable to licensees or class licensees, or specified types of licensees or class licensees; ( b ) approve as a standard of performance applicable to licensees or class licensees, or specified types of licensees or class licensees, any document prepared by a person other than the LTA if the LTA considers the document as suitable for this purpose; or ( c ) amend or revoke any standard of performance issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the matters in subsection (2) or (3), as the case may be. (2) The matters for the purposes of subsection (1) include any of the following: ( a ) the design, construction, use and deployment of the vehicles owned or made available by a licensee or class licensee in providing a shared mobility service; ( b ) measures directed towards ensuring the maintenance of and keeping safe and roadworthy vehicles made available by a licensee or class licensee in providing the shared mobility service; ( c ) the extent, hours and general level of service by the licensee or class licensee to hirers, including hirer handling‑related facilities, systems and services; ( d ) measures to deal with customer complaints and lost property found in vehicles made available by the licensee or class licensee in providing the shared mobility service, and the processes to handle and dispose of these complaints and property; ( e ) measures to deal with safety and safety incidents and accidents involving vehicles made available by the licensee or class licensee in providing the shared mobility service, and reporting to the LTA those safety incidents and accidents; ( f ) measures to discourage indiscriminate parking by hirers of vehicles in public places at the end of hiring, which may include prices and the use of geo‑fencing technology; ( g ) measures necessary for — (i) the installation, maintenance and keeping in a state of good and serviceable repair vehicle location devices affixed to each vehicle used or to be used to provide shared mobility services; and (ii) locating, distributing and collecting vehicles parked or apparently abandoned in public places; ( h ) performance standards relating to the provision of shared mobility services and the quality of other aspects of the provision of the shared mobility service, such as minimum service levels, and performance outcomes for regularity and accessibility of the shared mobility service and of customer information and service; ( i ) the provision of estimates, publication and display of deposits and hiring charges (including payment surcharges) for or in connection with the provision of the shared mobility service; ( j ) measures necessary for licensees to deal with any plague, epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any public emergency; ( k ) other performance standards relating to shared mobility services. (3) A standard of performance may, in particular, specify the duties and obligations of any licensee or class licensee in relation to its business operation insofar as it relates to the provision of shared mobility services in Singapore. (4) If any provision in any standard of performance is inconsistent with any provision of this Act or the Regulations, that provision, to the extent of the inconsistency — ( a ) is to have effect subject to this Act and the Regulations; or ( b ) having regard to this Act and the Regulations, is not to have effect. (5) Where a standard of performance is issued, approved, amended or revoked by the LTA under subsection (1), the LTA must — ( a ) give notice of the issue, approval, amendment or revocation (as the case may be) of the standard of performance to every licensee or class licensee to whom the standard of performance applies; ( b ) specify in the notice mentioned in paragraph ( a ) the date of issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the standard of performance remains in force, copies of that standard of performance, and of all amendments to that standard of performance, are available for inspection, free of charge, by the licensees or class licensees to whom the standard of performance applies. (6) No standard of performance, no amendment to an approved standard of performance, and no revocation of any approved standard of performance, has any force or effect as an approved standard of performance until the notice relating thereto is given in accordance with subsection (5). (7) A standard of performance issued or approved under this section does not have legislative effect. (8) Subject to subsection (9), every licensee and class licensee must comply with the standards of performance applicable to the licensee or class licensee. (9) The LTA may, for such time as the LTA may specify, waive the application of any standard of performance or part of a standard of performance, issued or approved under this section to any particular licensee or class licensee.


document_id: smecla-2020
provision_ref: s25
chapter: PART 4 - BUSINESS OPERATION REQUIREMENTS
section: 25
title: Directions affecting licensees and class licensees
content:
25. —(1) The LTA may give a direction to a licensee or class licensee for or in respect of — ( a ) locating, distributing or collecting from public places of vehicles used by the licensee or class licensee to provide shared mobility services authorised by the licensee’s licence or class licence, as the case may be; ( b ) the safety or roadworthiness of the vehicles used in connection with the provision of shared mobility services authorised by the licensee’s licence or class licence, as the case may be; or ( c ) any matter affecting the interests of the public in connection with the shared mobility service provided by the licensee or class licensee. (2) A direction given under subsection (1) — ( a ) may require the licensee or class licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including (for a licensee) refusing to hire or further hire vehicles to any particular hirer; ( b ) takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and ( c ) may be revoked at any time by the LTA. (3) However, a direction requiring a licensee or class licensee to refuse to hire or further hire vehicles to a particular hirer — ( a ) must not have an expiry date that is longer than the prescribed period mentioned in section 23(4)( b ); and ( b ) may only be given with respect to an individual who is convicted of, or has accepted a composition sum offered with respect to, any of the following offences committed or allegedly committed on or after 22 July 2020: (i) an offence under section 21 or 22 of the Active Mobility Act 2017; (ii) an offence under section 5A of the Road Traffic Act 1961; (iii) an offence under the Parking Places Act 1974 or any rules made under that Act involving improper parking of vehicles hired from any licensee or class licensee. (4) A direction under this section continues in force until the earlier of the following occurs: ( a ) the expiry date (if any) stated in the direction is reached; ( b ) the LTA revokes the direction. (5) Before exercising any powers under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee or class licensee concerned — ( a ) stating that the LTA intends to give a direction to the licensee or class licensee under this section and the nature of the direction; and ( b ) specifying the time (being not less than 14 days after the date of service of the notice on the licensee or class licensee) within which written representations may be made to the LTA with respect to the proposed direction. (6) However, subsection (5) does not apply where — ( a ) a safety directive is in force and the proposed direction is occasioned by the directive; or ( b ) the LTA, in respect of any particular direction, considers that it is not practicable or desirable to comply with subsection (5). (7) The LTA may, after considering any written representation made pursuant to subsection (5)( b ), decide to give or not to give the direction as the LTA considers appropriate. (8) The LTA must serve on the licensee or class licensee concerned a notice of its decision under subsection (7). (9) Every licensee or class licensee must comply with every direction given under this section to the licensee or class licensee as soon as it takes effect. (10) No civil or criminal liability is incurred by the licensee or class licensee, or an officer, employee or agent of the licensee or class licensee, 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 direction given under this section. Division 3 &#x2014; Safety directives


document_id: smecla-2020
provision_ref: s26
chapter: PART 4 - BUSINESS OPERATION REQUIREMENTS
section: 26
title: Safety directives
content:
26. —(1) The Minister may, and in accordance with subsections (2), (3), (4) and (5), give such safety directives of general application as may be necessary to alleviate or minimise any risk — ( a ) of death of, or a serious injury to, any individual from the provision of any shared mobility service; or ( b ) of serious damage to any property from the provision of any shared mobility service. (2) The Minister may give a safety directive made under this section to all or any of the following, individually or as a class: ( a ) a licensee; ( b ) a class licensee; ( c ) a provider of a shared mobility service which is exempt under section 47. (3) In making a safety directive under this section, it is not necessary for the Minister to give any person who may be affected by the directive a chance to be heard before the directive is given. (4) A safety directive may be in force for a period not exceeding 6 months unless earlier revoked under subsection (5), and may be renewed by the Minister once only for a further period not exceeding 6 months. (5) The Minister may, at any time when any safety directive is in force, revoke the safety directive by giving notice of that revocation in the same manner as the directive was given. (6) So far as any safety directive is inconsistent with any Regulations, the safety directive prevails.


document_id: smecla-2020
provision_ref: s27
chapter: PART 4 - BUSINESS OPERATION REQUIREMENTS
section: 27
title: How safety directive is given
content:
27. —(1) A safety directive is binding on the person or class of persons to whom it is addressed and given. (2) A safety directive that is addressed to a person is sufficiently given if it is served in the manner prescribed in section 46. (3) A safety directive that is addressed to a class of persons is sufficiently given if it is — ( a ) served on each of the persons in the class in the manner prescribed in section 46; or ( b ) published both — (i) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the LTA, will be most likely to bring the directive to the attention of the persons who belong to the class; and (ii) on the LTA’s official website. (4) Once such a safety directive is made and given under this section, the Minister must also publish the making of the directive in a manner that the Minister thinks will secure adequate publicity for the fact of making and giving of the safety directive. (5) However, failure to publish a safety directive under subsection (4) does not invalidate the directive. (6) A safety directive that is given — ( a ) in accordance with subsection (2) takes effect when it is served; ( b ) in accordance with subsection (3)( a ) takes effect when it is served on all the persons in the class in question; and ( c ) in accordance with subsection (3)( b ) takes effect at the beginning of the day after the date on which subsection (3)( b ) has been complied with.


document_id: smecla-2020
provision_ref: s28
chapter: PART 4 - BUSINESS OPERATION REQUIREMENTS
section: 28
title: General duty to comply with safety directives
content:
28. —(1) A safety directive may require the person it binds (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the directive or things that are of a description specified in the directive, including stop providing a shared mobility service within any part of Singapore. (2) A person to whom a safety directive is given and who is required by the directive to do, or to refrain from doing, for a specified period, things specified in the directive or things that are of a description specified in the directive, commits an offence if the person intentionally or negligently fails to comply with the directive. (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: smecla-2020
provision_ref: s29
chapter: PART 5 - ENFORCEMENT
section: 29
title: Suspension or revocation, etc., of licence or class licence
content:
29. —(1) Subject to section 31, if the LTA is satisfied that — ( a ) a licensee or class licensee is contravening or not complying with, or has contravened or failed to comply with — (i) any of the conditions of its licence or, in the case of a class licensee, any condition of its class licence; (ii) any provision of this Act or the Regulations applicable to the licensee or class licensee, contravention of or non‑compliance with which is not an offence under this Act; (iii) any provision of a standard of performance applicable to the licensee or class licensee; or (iv) any direction or order given to the licensee or class licensee under section 25 or subsection (2)( c ), ( e ) or ( g ); ( b ) the licensee or class licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( c ) the licensee or class licensee has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts; ( d ) the licensee or class licensee is not providing an adequate and satisfactory shared mobility service; ( e ) the licensee or class licensee, or an officer of the licensee or class licensee, is convicted of any offence under — (i) this Act or the Regulations; or (ii) section 23B, 28 or 58A of the Active Mobility Act 2017, committed during the term of the licence or class licence, as the case may be; ( f ) the licence had been obtained by the licensee by fraud or misrepresentation; ( g ) any part of the periodic licence fee required by section 12 is in arrears; or ( h ) the public interest of Singapore requires, the LTA may revoke (without any compensation) the licensee’s licence, with or without forfeiting the whole or part of any performance bond, guarantee or other form of security furnished by the licensee under this Act or disapply the class licence with respect to that class licensee. (2) However, the LTA may, in lieu of revoking a licensee’s licence or disapplying a class licence with respect to a class licensee under subsection (1), do (without compensation) any one or more of the following: ( a ) censure the licensee or class licensee in writing; ( b ) modify any condition of the licence; ( c ) direct the licensee or class licensee — (i) to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)( a ); or (ii) to remove, within a period specified in the direction, from all public places vehicles used by the licensee or former licensee or class licensee or former class licensee (as the case may be) in providing shared mobility services when the licence is not in force or the class licence is disapplied; ( d ) suspend the licence or the application of the class licence (as the case may be) for not more than 6 months; ( e ) direct the licensee or class licensee to pay, within a period specified in a direction, a financial penalty of any amount that the LTA thinks fit, but not exceeding the maximum specified in subsection (6); ( f ) direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following: (i) to secure compliance by the licensee with any condition attached to the licence; (ii) to secure compliance by the licensee with any standard of performance applicable to the licensee; (iii) for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensee; (iv) to meet any cost or expense which the LTA may reasonably incur in moving and disposing of vehicles that were used by a former licensee in providing shared mobility services and are abandoned in public places; ( g ) order the reduction of the maximum or an increase of the minimum number, or both, of vehicles which the licensee, during the validity period of the licence or any part of that period — (i) may offer or expose undocked for hiring in or at a public place; or (ii) may allow the hiring of which to end in or at a public place undocked, or both. (3) Where any financial penalty is imposed on a licensee for contravening or not complying with — ( a ) any condition attached to the licence; or ( b ) any standard of performance applicable to the licensee, any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee must not be forfeited by the LTA for that contravention or non‑compliance except to the extent to pay the financial penalty. (4) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA may accept the licensee’s or person’s conviction as final. (5) For the purposes of subsection (1)( c ), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 254(2) or 351(2) (as the case may be) of the Companies Act 1967 as in force before 30 July 2020 or section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018. (6) The higher of the following is the maximum financial penalty that a licensee or class licensee may be directed under subsection (2)( e ) to pay: ( a ) $100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action; ( b ) 10% of the annual turnover of the licensee’s or class licensee’s business derived from or attributable to providing a shared mobility service, as ascertained from the licensee’s or class licensee’s latest audited accounts.


document_id: smecla-2020
provision_ref: s30
chapter: PART 5 - ENFORCEMENT
section: 30
title: Regulatory action can continue despite licence expiry, etc.
content:
30. —(1) Subject to section 31, if regulatory action under section 29 has started against a licensee or class licensee, and the LTA does not take any regulatory action before the date of expiry of the licensee’s licence or the date the class licence stops applying for reasons other than the LTA discontinuing the regulatory action or the ending of the class licence, then despite the expiry or stoppage — ( a ) the regulatory action may continue and the LTA may exercise any powers under subsection (2) in relation to the former licensee or former class licensee if satisfied of any ground mentioned in section 29(1); and ( b ) any performance bond, guarantee or any other form of security furnished under section 13(2)( i ) by the former licensee does not need to be discharged or refunded until the conclusion of that regulatory action. (2) The LTA may, if satisfied of any ground mentioned in section 29(1), do (without compensation) any one or more of the following: ( a ) censure the former licensee or former class licensee in writing; ( b ) direct the former licensee or former class licensee — (i) to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in section 29(1)( a ) by the former licensee or former class licensee when the licence or class licence was in force; or (ii) to remove, within a period specified in the direction, from all public places vehicles used by the former licensee or former class licensee in providing shared mobility services; ( c ) direct the former licensee or former class licensee to pay, within a period specified in a direction, a financial penalty of any amount that the LTA thinks fit, but not exceeding the maximum specified in subsection (4). (3) Where any financial penalty is imposed on a former licensee for contravening or not complying with — ( a ) any condition attached to the licence that expired; or ( b ) any standard of performance that was applicable to the former licensee, any performance bond, guarantee or other form of security furnished by the former licensee to secure compliance by the former licensee with any condition attached to that licence or any standard of performance applicable to the former licensee may be forfeited by the LTA for that contravention or non‑compliance to the extent to pay the financial penalty. (4) The higher of the following is the maximum financial penalty that a former licensee or former class licensee may be directed under subsection (2)( c ) to pay: ( a ) $100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action; ( b ) 10% of the annual turnover of the former licensee’s or former class licensee’s business derived from or attributable to providing a shared mobility service, as ascertained from the latest audited accounts of the former licensee or former class licensee. (5) Section 29(4) and (5) applies to regulatory action under this section as it applies to any regulatory action under that section.


document_id: smecla-2020
provision_ref: s31
chapter: PART 5 - ENFORCEMENT
section: 31
title: Proceedings for regulatory action
content:
31. —(1) Before exercising any powers under section 29(1) or (2) or 30(2), the LTA must give written notice to the licensee or class licensee or former licensee or former class licensee concerned — ( a ) stating that the LTA intends to take regulatory action against the licensee or class licensee or former licensee or former class licensee; ( b ) specifying the type of action in section 29(1) or (2) or 30(2) that the LTA proposes to take, and each instance of contravention or non‑compliance that is the subject of the action; and ( c ) specifying the time (being not less than 14 days from the date of service of notice on the licensee or class licensee, or former licensee or former class licensee, as the case may be) within which written representations may be made to the LTA with respect to the proposed action. (2) The LTA may, after considering any written representation under subsection (1)( c ), decide to take any regulatory action in section 29(1) or (2) or 30(2) that the LTA considers appropriate. (3) Where the LTA has made any decision under subsection (2) against any licensee or class licensee, the LTA must serve on the licensee or class licensee, or former licensee or former class licensee, concerned a notice of its decision. (4) Subject to section 39, a decision to revoke a licence or disapply a class licence under section 29(1), or to impose a regulatory action in section 29(2) or 30(2), which is specified in the notice given under subsection (3), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice. (5) Any suspension or revocation of any licence or disapplication of a class licence under section 29 with respect to a licensee or class licensee does not affect — ( a ) the enforcement by any person of any right or claim against the licensee or class licensee or the former licensee or former class licensee, as the case may be; or ( b ) the enforcement by the licensee or class licensee or the former licensee or former class licensee (as the case may be) of any right or claim against any person. (6) All financial penalties imposed under section 29(2) or 30(2) must be paid into the Consolidated Fund. Division 2 &#x2014; Enforcement powers


document_id: smecla-2020
provision_ref: s32
chapter: PART 5 - ENFORCEMENT
section: 32
title: Purpose for which enforcement powers are exercisable by authorised officers
content:
32. —(1) An authorised officer may exercise the powers set out in this Division for any of the following purposes: ( a ) to determine compliance with this Act and the Regulations, including whether an offence under this Act or the Regulations has been committed; ( b ) to determine compliance with any condition of a licence or class licence; ( c ) to determine whether information provided to the LTA under a provision of this Act or its subsidiary legislation is correct; ( d ) to investigate whether there are grounds for taking any regulatory action against a licensee or class licensee. (2) To avoid doubt, nothing in this Division limits section 39 of the Land Transport Authority of Singapore Act 1995 with respect to an offence under this Act or the Regulations.


document_id: smecla-2020
provision_ref: s33
chapter: PART 5 - ENFORCEMENT
section: 33
title: Powers of entry, etc., at premises
content:
33. —(1) An authorised officer may, in accordance with subsection (2), enter any premises occupied by a relevant person which the authorised officer reasonably believes to be used for or in connection with the provision of any shared mobility service, and do all or any of the following at the premises: ( a ) to examine any thing or observe any activity conducted in or on the premises; ( b ) to search the premises and any thing in or on the premises; ( c ) to make a still or moving image or recording of the premises and any thing in or on the premises; ( d ) to inspect any document in the premises and take extracts from, or make copies of, any such document; ( e ) to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises; ( f ) to operate electronic equipment in or on the premises; ( g ) to secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the authorised officer believes on reasonable grounds that — (i) the thing is evidential material relevant to an offence under this Act or the Regulations, or is used or intended to be used for the purpose of contravening or not complying with any condition of a licence or class licence, or any standard of performance, direction or safety directive; and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; ( h ) to seize any thing found in or on the premises which the authorised officer reasonably suspects is as described in paragraph ( g )(i); ( i ) to require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the officer reasonably requires for any of the purposes of section 32. (2) However, an authorised officer is not authorised by subsection (1) — ( a ) to enter and search any premises which are not a place on or at which a licensee or class licensee provides a shared mobility service or carries out any activity in connection with the provision of the shared mobility service, except — (i) with the consent of the occupier; or (ii) under a warrant of a Magistrate’s Court or District Court; or ( b ) to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court. (3) A warrant mentioned in subsection (2) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for the authorised officer to enter any premises, search any premises or seize any thing (as the case may be) for any of the purposes of section 32. (4) The power under subsection (1)( f ) to operate electronic equipment in or on any premises includes the power — ( a ) to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and ( c ) to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the premises for the exercise of the power; or (ii) is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from those premises. (5) The power under subsection (1)( g ) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power — ( a ) to secure the thing by locking it up, placing a guard or any other means; and ( b ) to prohibit any person from dealing with such thing. (6) The power to require an individual to provide any document or information under subsection (1)( i ) includes the power — ( a ) to require that individual to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the LTA in legible form. (7) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an authorised officer seizes any thing under this section. (8) In this section, “relevant person” means — ( a ) a person to whom a licence is or was granted; ( b ) a person who is or was a class licensee; ( c ) an individual who is or was an officer or a representative of a person mentioned in paragraph ( a ) or ( b ); ( d ) an individual who is or was an employee or outworker of the provider of a shared mobility service; or ( e ) a person whom an authorised officer suspects on reasonable grounds is or was the provider of any shared mobility service, or an agent of such a person.


document_id: smecla-2020
provision_ref: s34
chapter: PART 5 - ENFORCEMENT
section: 34
title: Powers in relation to vehicles
content:
34. —(1) An authorised officer may do all or any of the following in relation to a vehicle which the authorised officer reasonably believes to be used for or in connection with the provision of any shared mobility services: ( a ) to stop and detain the vehicle for as long as is reasonably necessary for the exercise of any other power of the authorised officer under this section; ( b ) to inspect the vehicle and any equipment in or on the vehicle; ( c ) to make a still or moving image or recording of the vehicle and anything in or on the vehicle; ( d ) to inspect any document in the vehicle and take extracts from, or make copies of, any such document; ( e ) to operate a computer or other thing in or on the vehicle; ( f ) to require the rider of the vehicle, or a person in possession of the vehicle, to answer any question (to the best of that person’s or individual’s knowledge, information and belief) and to provide any document or information that the authorised officer reasonably requires for the purposes of section 32. (2) The power to require a person or an individual to provide any document or information under subsection (1)( f ) includes the power — ( a ) to require that person or individual to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person or individual to state, to the best of the person’s or individual’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the LTA in legible form. (3) However, the power to require an individual to provide any document or information under subsection (1)( f ) must not be exercised in relation to an individual who is an under‑aged rider, but may be exercised in relation to any individual who is an appropriate supervisor (within the meaning of the Active Mobility Act 2017) escorting the riding of the vehicle by the firstmentioned individual.


document_id: smecla-2020
provision_ref: s35
chapter: PART 5 - ENFORCEMENT
section: 35
title: Power to obtain information
content:
35. —(1) The LTA or an authorised officer may by written notice require any licensee or class licensee to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which — ( a ) relate to any matter which the authorised officer considers necessary for any of the purposes of section 32; and ( b ) are — (i) within the knowledge of that licensee or class licensee, as the case may be; or (ii) in the custody or under the control of the licensee or class licensee, as the case may be. (2) The power to require a licensee or class licensee to provide any document or information under subsection (1) includes the power — ( a ) to require that licensee or class licensee, or any individual who is or was an officer or agent or a representative of the licensee or class licensee (as the case may be), to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that licensee, class licensee or individual to state, to the best of the knowledge and belief of that licensee, class licensee or individual (as the case may be), where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the LTA or an authorised officer in legible form. (3) The LTA is entitled without payment to keep any document or information, or any copy or extract thereof, provided to the LTA or an authorised officer under subsection (1).


document_id: smecla-2020
provision_ref: s36
chapter: PART 5 - ENFORCEMENT
section: 36
title: Offences
content:
36. —(1) A person who, without reasonable excuse, fails to do anything required of the person by an authorised officer under section 33(1) or 34(1), or by a notice under section 35(1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) A person — ( a ) who intentionally alters, suppresses or destroys any document or information which the person has been required by an authorised officer under section 33(1)( i ) or 34(1)( f ), or by a notice under section 35(1) to provide; or ( b ) who, in providing any document or information required by an authorised officer under section 33(1)( i ) or 34(1)( f ), or by a notice under section 35(1), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that — ( a ) the person does not possess the document or information required; and ( b ) the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it. (4) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.


document_id: smecla-2020
provision_ref: s37
chapter: PART 5 - ENFORCEMENT
section: 37
title: Composition of offences
content:
37. —(1) The LTA or an authorised officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: smecla-2020
provision_ref: s38
chapter: PART 6 - APPEALS
section: 38
title: Interpretation of this Part
content:
38. In this Part, unless the context otherwise requires — “appealable decision” means any of the following decisions of the LTA: ( a ) a decision refusing the grant of a licence under section 11; ( b ) a decision under section 13 imposing a condition in a licensee’s licence; ( c ) a modification under section 14 of a condition in a licensee’s licence; ( d ) a refusal to modify a condition of a licence under section 15(5)( b ); ( e ) a decision requiring the furnishing of a performance bond, guarantee or any other form of security of such amount, or an additional performance bond, guarantee or any other form of security upon granting under section 15(5)( a ) a modification of a condition of a licence; ( f ) a refusal of consent under section 16 to a transfer or an assignment of a licence; ( g ) a direction under section 25, except a direction described in section 25(3); ( h ) a decision under section 29(1) to revoke a licence or disapply a class licence; ( i ) a decision under section 29(2) or 30(2) to impose a regulatory action against a licensee or class licensee; “appellant” means the following in relation to an appealable decision: ( a ) an applicant for the grant of a licence, where the appealable decision is within paragraph ( a ) of the definition of “appealable decision”; ( b ) a licensee, where the appealable decision is within paragraph ( b ), ( c ), ( d ), ( e ) or ( f ) of the definition of “appealable decision”; ( c ) a licensee or class licensee or a former licensee or former class licensee, where the appealable decision is within paragraph ( g ), ( h ) or ( i ) of the definition of “appealable decision”; “Minister of State” means a Minister of State or Senior Minister of State assisting the Minister on matters within the purposes of this Act; “Parliamentary Secretary” includes a Senior Parliamentary Secretary appointed to assist the Minister in the discharge of the Minister’s duties and functions under this Act; “Second Minister” means the Second Minister to the Minister, if any.


document_id: smecla-2020
provision_ref: s39
chapter: PART 6 - APPEALS
section: 39
title: Appeal to Minister
content:
39. —(1) An appellant who is aggrieved by an appealable decision may appeal to the Minister against the decision in accordance with this section. (2) An appeal under this section must be in writing and specify the grounds on which it is made, and be made — ( a ) for an appealable decision that is under section 14 about modification of a condition in a licence — within 28 days after the date the decision appealed against is given to the appellant; and ( b ) for any other appealable decision — within 14 days after the date the decision appealed against is given to the appellant. (3) The Minister may reject an appeal of an appellant who fails to comply with subsection (2). (4) After considering an appeal, the Minister may — ( a ) reject the appeal and confirm the appealable decision; or ( b ) allow the appeal and reverse the appealable decision. (5) The Minister’s decision on an appeal is final. (6) Every appellant must be notified of the Minister’s decision under subsection (5). (7) An appeal against an appealable decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister under this subsection, the decision appealed against must be complied with until the determination of the appeal.


document_id: smecla-2020
provision_ref: s40
chapter: PART 6 - APPEALS
section: 40
title: Designation of others to hear appeals
content:
40. The Minister may designate a Second Minister, Minister of State or Parliamentary Secretary to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 39; and any reference in that section to the Minister includes a reference to the Second Minister, Minister of State or Parliamentary Secretary so designated for that appeal.


document_id: smecla-2020
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: Interface with other laws
content:
41. To avoid doubt, this Act — ( a ) does not affect the operation of the Active Mobility Act 2017 or the Road Traffic Act 1961; and ( b ) does not limit the application of any other requirement or restriction to, or in relation to, the conduct of business in, or the parking of vehicles on, any public place by or under the Parking Places Act 1974 or any other written law.


document_id: smecla-2020
provision_ref: s42
chapter: PART 7 - MISCELLANEOUS
section: 42
title: Recovery of fees and penalties
content:
42. —(1) The LTA may impose interest at the prescribed rate on any outstanding amount of — ( a ) any fee payable under section 11 for the grant of a licence; ( b ) any periodic fee payable under section 12; ( c ) any charge payable under an order made under section 17(1) (including as varied under section 18); or ( d ) any financial penalty directed under section 29(2) or 30(2) to be paid. (2) The following may be recovered by the LTA in any court of competent jurisdiction as if they were simple contract debts: ( a ) any fee payable under section 11 for the grant of a licence; ( b ) any periodic fee payable under section 12; ( c ) any charge payable under an order made under section 17(1) (including as varied under section 18); ( d ) any financial penalty directed under section 29(2) or 30(2) to be paid; ( e ) any interest mentioned in subsection (1).


document_id: smecla-2020
provision_ref: s43
chapter: PART 7 - MISCELLANEOUS
section: 43
title: Offences by corporations
content:
43. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances: ( a ) action towards — (i) assessing the corporation’s compliance with the provision creating the offence; and (ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision; ( b ) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; ( c ) action towards ensuring that — (i) the equipment and other resources; and (ii) the structures, work systems and other processes, relevant to compliance with the provision creating the offence are appropriate in all the circumstances; ( d ) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.


document_id: smecla-2020
provision_ref: s44
chapter: PART 7 - MISCELLANEOUS
section: 44
title: Offences by unincorporated associations or partnerships
content:
44. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “reasonable steps” has the meaning given by section 43; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.


document_id: smecla-2020
provision_ref: s45
chapter: PART 7 - MISCELLANEOUS
section: 45
title: Jurisdiction of courts
content:
45. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: smecla-2020
provision_ref: s46
chapter: PART 7 - MISCELLANEOUS
section: 46
title: Service of documents
content:
46. —(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 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, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by 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 post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) In addition, a document (other than a summons) 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 maintained by the LTA 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 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 post, 2 days after the day the document was posted (even if it is returned undelivered); and ( 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) However, this section does not apply to documents to be served in proceedings in court. (9) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “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 or an order 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.


document_id: smecla-2020
provision_ref: s47
chapter: PART 7 - MISCELLANEOUS
section: 47
title: General exemption
content:
47. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose.


document_id: smecla-2020
provision_ref: s48
chapter: PART 7 - MISCELLANEOUS
section: 48
title: Regulations
content:
48. —(1) The LTA, with the approval of the Minister, may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the LTA may make regulations for any of the following: ( a ) classes of licences; ( b ) the form and manner in which, and the time within which, an application for the grant of a licence may be made under this Act; ( c ) the carrying out of inquiries of applicants for a licence; ( d ) the duties of licensees; ( e ) the labelling or marking of vehicles used by a licensee or class licensee to provide shared mobility services; ( f ) the measures for locating, distributing or collecting from public places vehicles used by a licensee or class licensee in providing shared mobility services; ( g ) the accounting of deposits from hirers of vehicles used in the provision of a shared mobility service by a licensee or class licensee, including prohibiting withdrawals from an account for these deposits except as authorised by the Regulations; ( h ) the fees to be paid in respect of applications for the grant of a licence and otherwise in connection with the administration of this Act, and for the waiver, reduction or refund of fees charged; ( i ) the records that must be kept by licensees and the provision of returns and other information with respect to the provision of shared mobility services, including audio and visual records about the provision of the services. (3) Regulations made under this section may — ( a ) prescribe the offences under this Act that may be compounded; ( b ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $10,000; and ( c ) provide for any saving, transitional, and other consequential, incidental and supplemental provisions that is necessary or expedient for the purposes of this Act.


document_id: smecla-2020
provision_ref: s49
chapter: PART 7 - MISCELLANEOUS
section: 49
title: Presentation to Parliament
content:
49. All subsidiary legislation made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: smecla-2020
provision_ref: s50
chapter: PART 8 - FINAL PROVISIONS
section: 50
title: Saving and transitional provisions
content:
50. —(1) Subject to the adaptations provided in the Schedule, this Act applies to and in relation to every person holding a licence that is — ( a ) granted under Part 3 of the Parking Places Act 1974 (as in force before 22 July 2020) to provide a licensable service before 22 July 2020; and ( b ) in force immediately before that date. (2) Despite anything in this Act, any person who, on 22 July 2020, is providing a shared mobility service within the meaning of paragraph ( a )(ii), (iii) or (iv) of the definition of “shared mobility service” in section 3(1) may continue to provide that service — ( a ) for 2 months after that date or until an order under section 17 is earlier made applicable to the person; or ( b ) for 2 months after that date and, if within that period the person applies for a licence under Part 3, for a further period ending on the happening of the earlier of the following: (i) the date on which the LTA grants a licence to the person; (ii) the date that the application is refused or withdrawn. (3) For a period of 2 years after 22 July 2020, the Minister may, by order in the Gazette , amend the Schedule by prescribing any additional provisions of a saving or transitional nature consequent on the enactment of this section that the Minister may consider necessary or expedient. (4) Nothing in this section or the Schedule affects section 16 of the Interpretation Act 1965.


document_id: smo-1938
provision_ref: s2
section: 2
title: The agent or Procureur of the Missions Scheut to be a body corporate
content:
2. —(1) The Reverend Richard Quintens and his successors for the time being in the office of Procureur of the Missions Scheut duly qualified as hereinafter provided shall be a body corporate, hereinafter called the Corporation, and shall for the purposes of this Ordinance have the name of “the Procureur in the Straits Settlements of the Scheut Missions” and by that name have perpetual succession and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered, and made anew as to the Corporation seems fit.


document_id: smo-1938
provision_ref: s3
section: 3
title: Powers of the Corporation relating to properties
content:
3. The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may sell, convey and assign, surrender and yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of any movable or immovable property vested in the Corporation upon such terms as to the Corporation seem fit and may sue and be sued by such name of the Procureur in the Straits Settlements of the Scheut Missions in all Courts of Justice.


document_id: smo-1938
provision_ref: s4
section: 4
title: Vesting clause of properties in Schedules
content:
4. Subject to section 7 the lands and premises described in the Schedules are hereby vested in the Corporation for the estate and interest for which the same are held.


document_id: smo-1938
provision_ref: s5
section: 5
title: Qualification of agent before acting
content:
5. —(1) No person other than the said Richard Quintens shall be deemed to be duly qualified as aforesaid unless and until he has first, with the approval of the Minister signified under his hand and seal, caused the power of attorney or other instrument constituting him Procureur to be duly filed in the Registry of the Supreme Court at Singapore pursuant to section 48 of the Conveyancing and Law of Property Act 1886 and unless and until a notification of such filing has appeared in the Gazette . (2) Such notification shall be sufficient evidence of the appointment and that the person therein named is duly qualified as by this Ordinance is required.


document_id: smo-1938
provision_ref: s6
section: 6
title: Execution of deeds, etc.
content:
6. —(1) No deed, document or other instrument sealed with the seal of the Corporation shall be deemed to be duly sealed unless such seal has been affixed in the presence of the said Richard Quintens or his attorney duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886 or in the presence of his successor for the time being in his said office of Procureur and duly qualified as aforesaid and unless such deed, document or other instrument is signed by the said Richard Quintens or his attorney or by his successor or the attorney of such successor as aforesaid. (2) Such signing shall be taken as sufficient evidence of the due sealing of such deed, document or other instrument.


document_id: smo-1938
provision_ref: s7
section: 7
title: Saving of Government and other rights
content:
7. Nothing in this Ordinance shall affect the rights of the Government, or of any bodies politic or corporate, or of any other persons except such as are mentioned in this Ordinance, and those claiming by, from or under them. [7/97]


document_id: smua-2000
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Trustees of the university company mentioned in its constituent documents; “constituent documents”, in relation to the university company, means the memorandum of association and articles of association of the university company; “university company” means the company limited by guarantee incorporated under the Companies Act 1967 on 12 January 2000 under the name “Singapore Management University”.


document_id: smua-2000
provision_ref: s3A
section: 3A
title: Accountability and evaluation
content:
3A. —(1) The university company must comply with the accountability framework set out by way of any written agreement between the university company and the Minister or any person authorised by the Minister. (2) The university company must evaluate the performance of its activities in accordance with such quality assurance framework as the Minister may determine. (3) The university company must participate in the evaluation of its activities by any external review panel that the Minister may commission from time to time.


document_id: smua-2000
provision_ref: s3B
section: 3B
title: Directions in respect of policies on higher education in Singapore
content:
3B. —(1) The Minister may, in consultation with the university company, establish any policies on higher education in Singapore that the Minister thinks fit and may direct the university company to implement those policies. (2) The university company must comply with any direction given by the Minister under subsection (1).


document_id: smua-2000
provision_ref: s4
section: 4
title: Appointment to Board
content:
4. —(1) The Board consists of such number of trustees as the Minister may appoint. (2) The Minister may, at any time, remove or replace any trustee, or appoint new or additional trustees to the Board.


document_id: smua-2000
provision_ref: s5
section: 5
title: Consent of Minister
content:
5. —(1) The prior written consent of the Minister is required for — ( a ) the admission of any person as a member of the university company and the removal of any such member; ( b ) the disposal of the whole or substantially the whole of the university company’s undertaking or property; ( c ) the voluntary winding up of the university company; ( d ) the addition, deletion or alteration of any provision of the constituent documents of the university company; and ( e ) the removal of any trustee from the Board. (2) The requirements under subsection (1) apply in addition to the requirements prescribed by the Companies Act 1967 and the Insolvency, Restructuring and Dissolution Act 2018 in respect of the matters referred to in subsection (1)( a ) to ( e ). [40/2018] (3) Any act done or agreement made in contravention of subsection (1) has no effect and is unenforceable at law.


document_id: smua-2000
provision_ref: s6
section: 6
title: Provision of funds
content:
6. —(1) The Minister must pay to the university company such moneys as Parliament may provide from time to time for the funding of the university company. (2) All moneys paid to the university company under subsection (1) may only be applied or expended by the university company for such objects provided by its constituent documents as the Minister may allow.


document_id: smua-2000
provision_ref: s7
section: 7
title: Access to accounts and summary of financial statements
content:
7. —(1) The Minister or a person authorised by the Minister (called in this section an authorised person) is entitled, at all reasonable times, to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the university company. (2) The Minister or an authorised person may require any person to provide him or her with any information in that person’s possession, or to which that person has access, that the Minister or authorised person considers necessary for ascertaining — ( a ) whether moneys paid to the university company under section 6 were applied or expended in accordance with that section; and ( b ) any other matters that the Minister or authorised person considers necessary. (3) The university company must make available to the public, at such frequency and in such manner as the Minister may determine, a summary of the financial statements of the university company which must be in such form and contain such information as the Minister may determine. (4) Any person who, without reasonable excuse, fails to comply with any requirement of the Minister or an authorised person under subsection (2), or who otherwise hinders, obstructs or delays the Minister or an authorised person in the performance of his or her duties or in the exercise of his or her powers under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: smua-2000
provision_ref: s8
section: 8
title: Application of Societies Act 1966 to student bodies
content:
8. —(1) Despite anything to the contrary in the Societies Act 1966, the provisions of that Act have effect in relation to any student body constituted pursuant to the provisions of the constituent documents of the university company. (2) The Minister charged with the responsibility for societies may, by order in the Gazette , exempt any student body mentioned in subsection (1) from all or any of the provisions of the Societies Act 1966 subject to any conditions specified in the order.


document_id: smua-2000
provision_ref: s9
section: 9
title: Act to prevail over constituent documents, etc.
content:
9. —(1) Any provision of the constituent documents, or any regulation of the university company made under any provision of the constituent documents, that is inconsistent with any provision of this Act is, to the extent of the inconsistency, void. (2) Nothing in this Act is to be construed as excusing or exempting the university company from complying with any written law that, apart from this Act, would apply to the university company.


document_id: smvsa-2020
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Small Motorised Vehicles (Safety) Act 2020. (2) Paragraph ( c ) of the definition of “personal mobility device” or “PMD” in section 2(1) and paragraph ( c ) of the definition of “power‑assisted bicycle” or “PAB” in section 2(1) come into operation on a date that the Minister appoints by notification in the Gazette . [Act 31 of 2022 wef 01/11/2022]


document_id: smvsa-2020
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “authorised officer”, for any provision of this Act, means an individual who is appointed under section 17 as an authorised officer for the purposes of that provision; “Authority” means the Land Transport Authority of Singapore constituted under the Land Transport Authority of Singapore Act 1995; “conveyance” includes any vessel, train, vehicle or aircraft in which persons or goods can be carried; “customs territory” means any part of Singapore and her territorial waters but excludes any free trade zone; “export”, in relation to any goods, means — ( a ) to take or cause to be taken out of the customs territory by land, water or air to any place, including a free trade zone; or ( b ) to place goods in any form of conveyance for the purpose of taking the goods out of the customs territory by land, water or air to any place, including a free trade zone, but does not include the taking out from the customs territory of any goods in transit unless those goods have been landed or transhipped within the customs territory; “free trade zone” means any area in Singapore declared to be a free trade zone under the Free Trade Zones Act 1966; “identification card”, in relation to an authorised officer, means an identification card issued under section 18 to the authorised officer; “import” means to bring or cause to be brought into the customs territory by land, water or air from — ( a ) any place outside Singapore; or ( b ) a free trade zone, but does not include to tranship or to transit; “import approval” means an import approval under section 5(2)( a ); “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “notice” does not include giving notice orally; “offence under this Act” includes an offence under any regulations; “personal mobility device” or “PMD” means — ( a ) a wheeled vehicle that — (i) is built to transport people only (with or without carry‑on baggage); (ii) is suitable for use on land other than a railway; and (iii) is propelled by an electric motor attached to the vehicle or by human power and such a motor; ( b ) a partly assembled and substantially complete vehicle that would otherwise be covered by paragraph ( a ) if fully assembled and completed; or ( c ) an unassembled or a completely knocked‑down vehicle that would otherwise be covered by paragraph ( a ) if fully assembled and completed, but does not include a power‑assisted bicycle, trolley, inline skates or a wheeled toy, and such other vehicle as the Minister may, by order in the Gazette , exclude from this definition; “power-assisted bicycle” or “PAB” means — ( a ) a bicycle that — (i) is equipped with an electric motor; and (ii) may be propelled by human power or by the electric motor with which it is equipped, or by both; ( b ) a partly assembled and substantially complete vehicle that would otherwise be covered by paragraph ( a ) if fully assembled and completed; or ( c ) an unassembled or a completely knocked‑down vehicle that would otherwise be covered by paragraph ( a ) if fully assembled and completed; “premises” means a building or structure (whether permanent or temporary) or part of a building or structure; “regulations” means regulations made under section 27; “small motorised vehicle” means — ( a ) a personal mobility device; ( b ) a power-assisted bicycle; or ( c ) a type of motorised vehicle intended ordinarily for use on land (other than railway) to transport people or people and goods, that is prescribed as a small motorised vehicle for the purposes of this Act; “tranship” means to bring any goods into the customs territory solely for the purpose of taking them out of the customs territory (whether on the same conveyance on which they were brought in or on another conveyance) where the goods are landed and kept at any place in the customs territory pending their being taken out of the customs territory; “transit” means to bring goods into the customs territory from a place outside the customs territory for the purpose of taking them out of the customs territory on the same conveyance on which they were brought into the customs territory; “vessel” includes any ship or boat or other description of vessel used in navigation on water. (2) Unless expressly provided otherwise in this Act, any word or expression in this Act that is defined in section 2(1) of the Active Mobility Act 2017 has the meaning given to it by that section. (3) For the purposes of this Act, any notice or other document that is required by or under this Act to be sent or given to the Authority is taken to be sent or given only when it is actually received by the Authority.


document_id: smvsa-2020
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purposes of Act
content:
3. The purposes of this Act are to provide consumers in Singapore with a choice of small motorised vehicles that meet safety standards and that are able to make use of technological advancements by — ( a ) prohibiting the import into Singapore of small motorised vehicles that do not comply with vehicle standards (except in limited circumstances); and ( b ) distinguishing those which are non‑compliant.


document_id: smvsa-2020
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Act binds Government
content:
4. —(1) This Act binds the Government. (2) However, nothing in this Act — ( a ) renders the Government liable to prosecution for an offence under this Act; or ( b ) prevents any public officer from exercising his or her powers or carrying out his or her duties under this Act or any other written law. (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to or on behalf of the Government.


document_id: smvsa-2020
provision_ref: s5
chapter: PART 2 - IMPORT CONTROLS
section: 5
title: Importing small motorised vehicle needs approval
content:
5. —(1) A person commits an offence if — ( a ) the person imports a small motorised vehicle; and ( b ) at the time of import, the person is not permitted to import the small motorised vehicle. (2) A person is permitted to import a small motorised vehicle if — ( a ) at the time of import, all of the following apply: (i) the person is granted an import approval; (ii) the import approval is in force; (iii) the small motorised vehicle is specified or described in the import approval; ( b ) at the time of import, all of the following apply: (i) the person is authorised, in writing, by the person who is granted an import approval to import the small motorised vehicle; (ii) the import approval is in force; (iii) the small motorised vehicle is specified or described in the import approval; or ( c ) at the time of import, a circumstance prescribed in the regulations applies. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case — (i) to a fine not exceeding $10,000; but (ii) where the person is a repeat offender, to a fine not exceeding $20,000. (4) In subsection (3), “repeat offender” means a person who — ( a ) is convicted, or found guilty, of an offence under subsection (1) (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of the same offence.


document_id: smvsa-2020
provision_ref: s6
chapter: PART 2 - IMPORT CONTROLS
section: 6
title: Approvals for import
content:
6. An import approval for the import of any small motorised vehicle, and the transfer of such approval, may be applied for, and granted or refused by the Authority, only in accordance with the regulations.


document_id: smvsa-2020
provision_ref: s7
chapter: PART 2 - IMPORT CONTROLS
section: 7
title: Cancellation of import approval
content:
7. —(1) The Authority may, in the prescribed manner, cancel an import approval for the import of a small motorised vehicle if the Authority — ( a ) becomes aware of a circumstance that would have required or permitted the Authority to refuse to grant the approval, had it been aware of the circumstance immediately before granting the approval; ( b ) is satisfied that a condition of the approval for the import of the small motorised vehicle has been contravened or is being contravened; or ( c ) is satisfied that the approval was granted as a result of any declaration, statement, representation or information which is false in a material particular. (2) Where the Authority cancels under subsection (1) an import approval granted to a person, the person may, if aggrieved by that decision, appeal to the Minister against the decision, within a prescribed period after the date the decision appealed against is given to the person, and in accordance with the regulations. (3) The Minister may reject an appeal of an appellant who fails to comply with subsection (2). (4) After considering an appeal, the Minister may — ( a ) reject the appeal and confirm the decision appealed against; or ( b ) allow the appeal and reverse the decision appealed against. (5) The Minister’s decision on an appeal is final. (6) Every appellant must be notified of the Minister’s decision under subsection (5). (7) An appeal under subsection (2) against a decision of the Authority under subsection (1) does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister under this subsection, the decision appealed against must be complied with until the determination of the appeal. (8) In this section, “Minister”, in relation to any appeal under subsection (2), includes a Second Minister, Minister of State or Parliamentary Secretary designated by the Minister to hear that appeal.


document_id: smvsa-2020
provision_ref: s8
chapter: PART 2 - IMPORT CONTROLS
section: 8
title: Breach of purpose of imported vehicle
content:
8. —(1) A person commits an offence if — ( a ) the person is granted an import approval to import a small motorised vehicle for a purpose specified in the import approval that — (i) is not a sale, letting for hire or other distribution by way of trade of the vehicle in Singapore; and (ii) is not one that requires the person to export or destroy the vehicle; and ( b ) the person intentionally or negligently uses, or allows to be used, the small motorised vehicle for another purpose. (2) A person commits an offence if — ( a ) the person is granted an import approval to import a small motorised vehicle for a purpose specified in the import approval that requires the person to export or destroy the vehicle; and ( b ) the person intentionally or negligently does not export or destroy or cause the export or destruction of the small motorised vehicle within the period specified in the import approval. (3) A person commits an offence if — ( a ) the person is granted an import approval to import a small motorised vehicle subject to a condition that does not require the person to export or destroy the vehicle; and ( b ) the person intentionally or negligently contravenes or fails to comply with the condition. (4) A person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both; but (ii) where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) in any other case — (i) to a fine not exceeding $5,000; but (ii) where the person is a repeat offender, to a fine not exceeding $10,000. (5) In subsection (4), “repeat offender” means a person who — ( a ) is convicted, or found guilty, of an offence under subsection (1), (2) or (3) (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of the same offence. (6) In proceedings for an offence under subsection (1) or (3), it is a defence to the charge for the accused to prove, on a balance of probabilities, that — ( a ) the use of the small motorised vehicle for another purpose was authorised by the Authority; or ( b ) the contravention or failure to comply with a condition of an import approval was authorised by the Authority.


document_id: smvsa-2020
provision_ref: s9
chapter: PART 3 - ENFORCEMENT
section: 9
title: Purpose for which enforcement powers are exercisable by authorised officers
content:
9. —(1) An authorised officer may exercise the powers set out in sections 10 and 11 for any of the following purposes: ( a ) to investigate an offence under this Act reasonably believed to have been committed; ( b ) to determine compliance with any condition of an import approval for the import of any small motorised vehicle; ( c ) to determine whether information provided to the Authority under this Act is correct; ( d ) to investigate whether there are grounds for taking any action under section 7 against a person granted an import approval. (2) To avoid doubt, nothing in this Part limits section 39 of the Land Transport Authority of Singapore Act 1995 with respect to an offence under this Act.


document_id: smvsa-2020
provision_ref: s10
chapter: PART 3 - ENFORCEMENT
section: 10
title: Powers of entry, etc., at premises
content:
10. —(1) An authorised officer may, subject to subsection (2), enter and inspect any relevant premises and do all or any of the following: ( a ) to examine any thing or observe any activity conducted in or on the premises, including — (i) to detain any package, box, container or other thing in or on the premises until any person in charge of the package, box, container or thing has opened it for examination and search; (ii) to mark, lock, seal or otherwise secure the package, box, container or other thing pending examination and search; and (iii) if the thing appears to be a small motorised vehicle, to order any person in charge of the vehicle to deliver the vehicle (in that state it is found on the date of the order) for weighing or an inspection by a person and at a time and place specified by the authorised officer; ( b ) to search the premises and any thing in or on the premises; ( c ) to make a still or moving image or recording of the premises and any thing in or on the premises; ( d ) to inspect any document in the premises and take extracts from, or make copies of, any such document; ( e ) to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises; ( f ) to operate electronic equipment in or on the premises; ( g ) to secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the authorised officer believes on reasonable grounds that — (i) the thing is evidential material relevant to an offence under this Act; and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; ( h ) to seize any thing found in or on the premises which the authorised officer reasonably suspects is as described in paragraph ( g )(i); ( i ) to require any relevant person, or any individual found in or on the relevant premises, to answer any question (to the best of that person’s or individual’s knowledge, information and belief) and to provide any document or information that the authorised officer reasonably requires for any of the purposes of section 9. (2) However, an authorised officer is not authorised by subsection (1) — ( a ) to enter and search any relevant premises that is a place of accommodation or residence, except — (i) with the consent of the occupier; or (ii) under a warrant of a Magistrate’s Court or District Court; or ( b ) to seize any thing in or on any relevant premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court, being a thing other than a vehicle or vehicle component mentioned in section 11. (3) A warrant mentioned in subsection (2) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for the authorised officer to enter any relevant premises, search any relevant premises or seize any thing (as the case may be) for any of the purposes of section 9. (4) The power under subsection (1)( f ) to operate electronic equipment in or on any relevant premises includes the power — ( a ) to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from those premises; and ( c ) to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the premises for the exercise of the power; or (ii) is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from those premises. (5) The power under subsection (1)( g ) to secure any thing which is found during the exercise of enforcement powers in or on any relevant premises includes the power — ( a ) to secure the thing by locking it up, placing a guard or any other means; and ( b ) to prohibit any person from dealing with such thing. (6) The power to require an individual to provide any document or information under subsection (1)( i ) includes the power — ( a ) to require that individual to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the Authority in legible form. (7) The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to an authorised officer under subsection (1)( i ). (8) In this section — “relevant person” means — ( a ) a person to whom an import approval is or was granted under this Act; ( b ) an individual who is or was an officer or a representative of a person mentioned in paragraph ( a ); ( c ) an individual who is or was an employee of a person mentioned in paragraph ( a ); or ( d ) a person whom an authorised officer suspects on reasonable grounds is or was an importer of small motorised vehicles, or an agent of such a person; “relevant premises” means any premises in Singapore that an authorised officer believes on reasonable grounds — ( a ) is used for or in connection with — (i) the import of small motorised vehicles; or (ii) the storage or supply of small motorised vehicles that are being, or are about to be, or have recently been imported; or ( b ) is under the control or management of a relevant person in paragraph ( a ) or ( d ) of the definition of “relevant person”.


