# legal_provisions

document_id: eaa-2010
provision_ref: s11
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 11
title: Directions by Minister
content:
11. The Minister may give to the Council any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018]


document_id: eaa-2010
provision_ref: s12
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 12
title: Appointment of committees and delegation
content:
12. —(1) The Council may appoint from among its own members or from other persons any number of committees that it thinks fit for purposes which, in the opinion of the Council, would be more expediently carried out or managed by means of those committees. (2) Where a committee is established, the Council must appoint a person to be the chairperson of that committee. (3) The Council may alter or discharge any committee appointed under subsection (1), and define or vary the terms of reference of the committee. (4) Subject to the provisions of this Act and to the control of the Council, each committee appointed under subsection (1) may regulate its procedure in such manner as the committee thinks fit. (5) The Council may, subject to any conditions or restrictions that it thinks fit, delegate — ( a ) to any of its members, including the president; ( b ) to its Executive Director, or any of its officers or employees; or ( c ) to any committee appointed under subsection (1), any of its functions, duties or powers under this Act or any other written law. [5/2018] (6) Any function, duty or power delegated under subsection (5) to any committee or person may be performed or exercised by the committee or person in the name of, and on behalf of, the Council.


document_id: eaa-2010
provision_ref: s13
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 13
title: Executive Director, officers and employees, etc.
content:
13. —(1) There must be an Executive Director of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Executive Director during any period, or during all periods, when the Executive Director — ( 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 Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: eaa-2010
provision_ref: s14
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 14
title: Preservation of secrecy
content:
14. —(1) Except for the purpose of the performance of his or her functions or the discharge of his or her duties or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, a person who is or has been — ( a ) a member, an officer, an employee, a consultant or an agent of the Council; ( b ) a committee member; ( c ) a member of the Disciplinary Panel; or ( d ) a member of the Appeals Board, must not disclose any information relating to the affairs of the Council or any other person which has been obtained by him or her in the performance of his or her functions or the discharge of his or her duties under this Act. [5/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: eaa-2010
provision_ref: s15
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 15
title: Protection from liability
content:
15. —(1) No liability lies personally against any member, officer, employee or committee member of the Council or other person acting under the direction of the Council for anything which is done or omitted to be done in good faith and with reasonable care in the execution or purported execution of this Act. [24/2020] (2) Where the Council provides a service to the public whereby information is supplied to the public pursuant to any written law, neither the Council nor any of its members, officers, employees or committee members involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith, with reasonable care and in the ordinary course of the discharge of the duties of the Council or such member, officer, employee or committee member. [24/2020] 16. [ Repealed by Act 5 of 2018 ]


document_id: eaa-2010
provision_ref: s17
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 17
title: Financial year
content:
17. The financial year of the Council begins on 1 April of each year and end on 31 March of the succeeding year.


document_id: eaa-2010
provision_ref: s18
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 18
title: Minister’s approval of estimates
content:
18. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Council, 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 Council, and the Council is bound by the Minister’s decision. [5/2018] (4) However, the Council may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister. [5/2018]


document_id: eaa-2010
provision_ref: s19
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 19
title: Moneys recovered or collected by Council
content:
19. —(1) Subject to subsection (2), all moneys recovered by the Council, and fees and charges collected under this Act must be paid into and form part of the moneys of the Council. (2) All composition sums and financial penalties collected under this Act must be paid into the Consolidated Fund.


document_id: eaa-2010
provision_ref: s20
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 20
title: Grants
content:
20. For the purpose of enabling the Council to perform its functions and discharge its duties under this Act or any other written law, the Minister may make grants to the Council of such sums of money as the Minister may determine, out of moneys to be provided by Parliament.


document_id: eaa-2010
provision_ref: s21
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 21
title: Power to borrow
content:
21. —(1) For the performance of its functions or discharge of its duties under this Act or any other written law, the Council may raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Council or on any other revenue receivable by the Council under this Act or any other written law; or ( c ) the creation and issue of debentures, bonds or any other instrument as the Minister may approve. (2) For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Council for the purchase of goods, materials or things.


document_id: eaa-2010
provision_ref: s22
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 22
title: Issue of shares, etc.
content:
22. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Council under this Act; or ( b ) any capital injection or other investment by the Government in the Council in accordance with any written law, the Council must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: eaa-2010
provision_ref: s23
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 23
title: Bank accounts
content:
23. —(1) The Council must open and maintain one or more accounts with any bank or banks that the Council thinks fit. (2) Every such account must be operated by such person authorised to do so by the Council.


document_id: eaa-2010
provision_ref: s24
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 24
title: Application of moneys
content:
24. The moneys of the Council must be applied only in payment or discharge of the expenses, obligations and liabilities of the Council and in making any payment that the Council is authorised or required to make.


document_id: eaa-2010
provision_ref: s25
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 25
title: Investment power
content:
25. The Council may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. 26. [ Repealed by Act 5 of 2018 ] 27. [ Repealed by Act 5 of 2018 ]


document_id: eaa-2010
provision_ref: s28
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 28
title: Estate agents to be licensed
content:
28. —(1) Subject to this Act, a person must not — ( a ) exercise or carry on or advertise, notify or state that he or she exercises or carries on, or is willing to exercise or carry on, the business of doing estate agency work as an estate agent; ( b ) act as an estate agent; or ( c ) in any way hold himself or herself out to the public as being ready to undertake, whether or not for payment or other remuneration (whether monetary or otherwise), estate agency work as an estate agent, unless he or she is a licensed estate agent. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $75,000, or to imprisonment for a term not exceeding 3 years or to both, and in the case of a continuing offence, to a further fine not exceeding $7,500 for every day or part of a day during which the offence continues after conviction. (3) No fee, commission or reward in relation to anything done by a person in respect of an offence under this section is recoverable in any action, suit or matter by any person.


document_id: eaa-2010
provision_ref: s29
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 29
title: Salespersons to be registered
content:
29. —(1) Subject to this Act — ( a ) a person must not be or act as a salesperson for any licensed estate agent, nor hold himself or herself out to the public as being a salesperson unless he or she is a registered salesperson; and ( b ) a person must not accept employment or an appointment as a salesperson from, nor act as a salesperson for, any other person who is required by this Act to hold, but is not the holder of, an estate agent’s licence. (2) Subsection (1) is not to be construed as — ( a ) requiring any registered salesperson, by reason only of the fact that he or she does estate agency work solely as a salesperson, to hold an estate agent’s licence; or ( b ) requiring any licensed estate agent to be registered as a salesperson. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both. (4) No fee, commission or reward in relation to anything done by a person in respect of an offence under this section is recoverable in any action, suit or matter by any person.


document_id: eaa-2010
provision_ref: s30
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 30
title: Eligibility of individuals to hold estate agent’s licence
content:
30. Subject to the provisions of this Act, an individual is not eligible to be granted or to hold or continue to hold an estate agent’s licence unless — ( a ) the individual has attained 21 years of age or such other age which is for the time being prescribed for the purposes of this section; ( b ) the individual satisfies the Council that — (i) the individual has such qualifications, passed such courses of instruction or examinations and has such practical experience as may be prescribed; or (ii) the individual is otherwise qualified by having such training or practical experience as the Council may approve; ( c ) the individual is not a salesperson of any other licensed estate agent; ( d ) the individual does not hold and is not an employee, a director or a partner of a person who holds a moneylender’s licence; ( e ) the individual complies with such other requirements as are prescribed for the time being which apply to him or her; and ( f ) the Council otherwise considers the individual a fit and proper person to hold an estate agent’s licence.


document_id: eaa-2010
provision_ref: s31
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 31
title: Eligibility of other persons to hold estate agent’s licence
content:
31. Subject to the provisions of this Act, no person (other than an individual) is eligible to be granted or to hold or continue to hold an estate agent’s licence unless — ( a ) the person has a key executive officer who satisfies the requirements of this Act; ( b ) the key executive officer and each of the person’s directors or partners for the time being is a fit and proper person; ( c ) the person does not hold a moneylender’s licence; ( d ) none of the person’s directors or partners for the time being holds a moneylender’s licence; ( e ) none of the person’s directors or partners for the time being is an employee, a director or a partner of a person who holds a moneylender’s licence; ( f ) the Council is satisfied that the person complies with such other prescribed requirements which apply to the person; and ( g ) the Council otherwise considers the person to be a fit and proper person to hold an estate agent’s licence.


document_id: eaa-2010
provision_ref: s32
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 32
title: Eligibility to be registered salesperson
content:
32. —(1) Only a natural person may be registered as a salesperson. (2) An individual is not eligible to be or to remain registered as a salesperson unless — ( a ) the individual has attained 21 years of age or such other age which is for the time being prescribed for the purposes of this subsection; ( b ) the individual satisfies the Council that he or she — (i) is or will be employed by a licensed estate agent as a salesperson and he or she does not hold a licence as any other estate agent; (ii) has the prescribed educational qualifications or experience; (iii) does not hold and is not an employee, a director or a partner of a person who holds a moneylender’s licence; and (iv) complies with such other prescribed requirements including continuing education which apply to him or her; and ( c ) the Council otherwise considers the individual a fit and proper person to be registered as a salesperson.


document_id: eaa-2010
provision_ref: s32A
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 32A
title: Additional grounds for refusal of licence or registration, etc.
content:
32A. —(1) In addition to sections 30 and 31, the Council — ( a ) may refuse to grant an application for or to renew an estate agent’s licence made under section 33 if the estate agent had been ordered to pay a financial penalty under section 49(6)( a )(iii) or ( b )(i), 52(3) or 66(3)( a ), and the financial penalty has not been paid at the time of the application; and [Act 15 of 2025 wef 01/07/2025] ( b ) may refuse to grant an application to renew an estate agent’s licence made under section 33 if — (i) in the case of an estate agent that is an individual — the estate agent has not satisfied the CPE requirements; (ii) in the case of an estate agent that is a partnership — the key executive officer of the estate agent, or any partner of the estate agent performing or intending to perform estate agency work, has not satisfied the CPE requirements; or (iii) in the case of an estate agent that is a body corporate (other than a limited liability partnership) — the key executive officer of the estate agent, or any director of the estate agent performing or intending to perform estate agency work, has not satisfied the CPE requirements. [24/2020] (2) In addition to section 32, the Council — ( a ) may refuse to register or renew the registration of an individual as a salesperson if the individual had been ordered to pay a financial penalty under section 49(6)( a )(iii) or ( b )(i), 52(3) or 66(3)( a ), and the financial penalty has not been paid at the time of the application for registration or renewal; and [Act 15 of 2025 wef 01/07/2025] ( b ) may refuse to renew the registration of an individual as a salesperson if the individual has not satisfied the CPE requirements. [24/2020] (3) In this section, “CPE requirements” means the prescribed requirements relating to continuing professional education for and in respect of estate agents (including persons who are responsible for the management of estate agents) and salespersons, including the completion of accredited activities, courses and programmes. [24/2020]


document_id: eaa-2010
provision_ref: s33
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 33
title: Applications for estate agent’s licence
content:
33. —(1) An application for or to renew an estate agent’s licence must be made to the Council in such form and manner and with such information or evidence as the Council may require, and must be accompanied by the prescribed fee. (2) The Council must consider every application for or to renew a licence that is made in accordance with subsection (1), and may grant or renew the licence, with or without conditions, or refuse to grant or renew the licence. (3) Any licence granted under this Act is not transferable. (4) The Council may require an applicant to provide it with such additional information or documents as it considers necessary in relation to the application before considering the application. (5) The Council may, before granting or renewing any licence, require the applicant to furnish such security as may be prescribed. (6) Any person who, in any application for the grant or renewal of a licence for the person or any other person, submits false documents or makes a statement which is false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: eaa-2010
provision_ref: s34
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 34
title: Applications for registration of salespersons
content:
34. —(1) An application for registration or the renewal of registration as a salesperson must be made to the Council in such form and manner and with such information or evidence as the Council may require, and must be accompanied by the prescribed fee. (2) An application under subsection (1) must be made through and with the support of the licensed estate agent that the salesperson is to act for, and must be accompanied by a certification by the licensed estate agent that the salesperson meets such requirements for registration under this Act as may be specified in the forms provided under subsection (1). (3) The Council may require the applicant or the licensed estate agent to provide it with such additional information or documents as it considers necessary in relation to the application before considering the application. (4) An application is deemed withdrawn with effect from the date on which the person who supported the application withdraws his or her support in writing. (5) The Council must consider every application for registration or renewal of registration that is made in accordance with the requirements of this section, and may register or renew registration with or without conditions, or refuse to register or renew registration. (6) Any registration under this Act is not transferable and is subject to the applicant continuing to be a salesperson for the licensed estate agent that he or she is registered through. (7) Any person who, in any application for registration or renewal of registration for the person or any other person, submits false documents or makes a statement which is false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: eaa-2010
provision_ref: s35
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 35
title: Duration of licence and registration
content:
35. Subject to the provisions of this Act — ( a ) an estate agent’s licence is for such period not exceeding 3 years as the Council may decide; and ( b ) the registration of a salesperson is for such period not exceeding 3 years as the Council may decide.


document_id: eaa-2010
provision_ref: s35A
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 35A
title: Continuation of licence or registration, etc.
content:
35A. —(1) If disciplinary proceedings against a licensed estate agent ( A ) are pending immediately before the date on which A ’s licence lapses, A is treated as a licensed estate agent from and including the date on which the licence lapses until the date the disciplinary proceedings are concluded, but only for the purposes of Part 5. [24/2020] (2) If disciplinary proceedings against a registered salesperson ( B ) are pending immediately before the date on which B ’s registration lapses, B is treated as a registered salesperson from and including the date on which the registration lapses until the date the disciplinary proceedings are concluded, but only for the purposes of Part 5. [24/2020] (3) This section applies to any licensed estate agent or registered salesperson against whom disciplinary proceedings are pending, whether before, on or after 30 July 2021. [24/2020] (4) In this section — ( a ) disciplinary proceedings are pending from and including the time that the disciplinary proceedings commence until the time that the disciplinary proceedings are concluded; ( b ) disciplinary proceedings commence when — (i) the Council receives a complaint under section 49(1); or (ii) the Council receives any information under section 49(2); and ( c ) disciplinary proceedings are concluded when — (i) if the Council decides not to refer the matter to a Disciplinary Committee under section 49(11) after disciplinary proceedings have commenced — (A) the Council decides not to exercise any power under section 49(6); (B) the Council exercises any power under section 49(6) and no appeal is lodged against the decision under section 59(1) within the time for lodging the appeal under section 59(2); or (C) the Council exercises any power under section 49(6), an appeal is lodged against the decision under section 59(1) and — (CA) the appeal is withdrawn; (CB) the Appeals Board confirms, sets aside or modifies the Council’s decision under section 59(5)( a ); or (CC) the Council confirms, sets aside or modifies its decision upon a review required by the Appeals Board under section 59(5)( b ); or (ii) if the Council refers the matter to a Disciplinary Committee under section 49(11) after disciplinary proceedings have commenced — (A) the Disciplinary Committee determines, under section 52(1)( a ), that there is no sufficient cause for disciplinary action against the person under investigation; (B) the Disciplinary Committee exercises any power under section 52(3), (4), (5) or (6), and no appeal is lodged against the decision under section 59(1) within the time for lodging the appeal under section 59(2); or (C) the Disciplinary Committee exercises any power under section 52(3), (4), (5) or (6), an appeal is lodged against the decision under section 59(1) and — (CA) the appeal is withdrawn; (CB) the Appeals Board confirms, sets aside or modifies the Disciplinary Committee’s decision under section 59(5)( a ); or (CC) the Disciplinary Committee confirms, sets aside or modifies its decision upon a review required by the Appeals Board under section 59(5)( b ). [24/2020]


document_id: eaa-2010
provision_ref: s36
chapter: PART 3 - LICENSING OF ESTATE AGENTS AND
section: 36
title: Register and search of register
content:
36. —(1) The Council must establish and maintain a register for the purposes of this Act in such form as the Council may decide. (2) The register must contain — ( a ) the following particulars as regards every licence granted under this Act: (i) the name of the person to whom the licence was granted; (ii) the period or periods for which the licence was granted, including the period or periods (if any) for which the licence was renewed; (iii) if the licence is suspended, the period during which it is suspended; and (iv) if the licence is revoked, the date of revocation; ( b ) the following particulars as regards every salesperson registered under this Act: (i) the name of the salesperson; (ii) the name of the estate agent that the salesperson acts for and is registered through; (iii) the period or periods of registration; (iv) if the registration is suspended, the period during which it is suspended; and (v) if the registration is revoked, the date of revocation; and ( c ) such other particulars as may be prescribed. (3) Subject to the provisions of this Act, the Council may, in such form or manner and for such time as it considers appropriate, include in the register information relating to all or any of the following: ( a ) the estate agents that a salesperson had acted for in the past; ( aa ) the prescribed particulars of any property transaction completed by any client of any licensed estate agent, within the meaning of section 43A(5); ( b ) the lapsing, revocation or suspension of any licence or registration under this Act; ( ba ) the censure of any person under section 49(6)( a )(iv) or ( b )(ii) or 66(3)( b ); [Act 15 of 2025 wef 01/07/2025] ( c ) the reprimand of any person under this Act; ( d ) the conviction of any person for any offence under this Act; ( e ) any action as may have been taken by the Council or a Disciplinary Committee against any person under this Act; ( f ) any other information in respect of estate agents and salespersons as the Council may consider necessary or expedient to publish in the public interest. [24/2020] (4) The Council may at any time publish such information from the register maintained under subsection (1) as it considers appropriate. (5) The Council must make the register available for public search or inspection, in such manner and at such reasonable time as the Council may determine, on payment of the prescribed fee, if any. (6) A document signed by the Executive Director and certified by him or her as being a true copy of or an extract from any part of the register is, until the contrary is proved, evidence of the particulars entered in the part of the register to which the document so signed and certified relates. (7) It is not necessary in legal proceedings either to prove a signature on a document mentioned in subsection (6) or to prove that such a signature is that of the person holding the office of Executive Director on the date of the document. (8) Where a person applies to the Council for a copy of or an extract from any part of the register to be signed and certified as described in subsection (6), the Council must provide the person with the copy or extract applied for on payment of the prescribed fee, if any.


document_id: eaa-2010
provision_ref: s37
chapter: PART 4 - DUTIES AND LIABILITY
section: 37
title: Registered address
content:
37. —(1) Subject to subsection (5), every licensee must have an address in Singapore (called in this section the registered address) to which all communications and all notices under this Act may be sent. (2) The registered address must be stated in every application for the grant or renewal of a licence. (3) Where an address ceases to be the registered address of a licensee, the licensee must within a period of 14 days starting on the date of the cessation, notify the Council in writing of another address to which all communications and notices may be sent. (4) Where the Council receives a notification under subsection (3), it must cause the address mentioned in the notification to be entered appropriately in the register and thereupon that address is the registered address of the licensee by whom or on whose behalf the notification was sent to the Council. (5) In the case of a company within the meaning of the Companies Act 1967, the registered office for the time being of the company is the registered address of the company for the purposes of subsection (1). (6) A licensee who fails to comply with subsection (3) shall be guilty of an offence.


document_id: eaa-2010
provision_ref: s38
chapter: PART 4 - DUTIES AND LIABILITY
section: 38
title: Appointment and duties of key executive officer
content:
38. —(1) An estate agent must appoint a key executive officer and must ensure that the key executive officer is responsible for the proper administration and overall management of the business of the estate agent, and the supervision of its salespersons. (2) No person may be appointed under subsection (1) or continue to be appointed as such unless he or she — ( a ) is not a salesperson or key executive officer of any other licensed estate agent and he or she does not hold a licence as any other estate agent; and ( b ) does not hold and is not an employee, a director or a partner of a person who holds a moneylender’s licence. (3) A key executive officer must possess such qualifications and satisfy such requirements as may be prescribed. (4) A key executive officer must carry out the duties mentioned in subsection (1) and must be contactable by the Council and salespersons of the estate agent at all reasonable times. (5) If a vacancy occurs in the post of key executive officer by reason of the death, resignation or revocation of appointment of the key executive officer, the estate agent must — ( a ) within one week of the key executive officer ceasing to carry out his or her duties — notify the Council of that fact; and ( b ) within one month of the key executive officer ceasing to carry out his or her duties — appoint another key executive officer in accordance with subsection (1).


document_id: eaa-2010
provision_ref: s39
chapter: PART 4 - DUTIES AND LIABILITY
section: 39
title: Appointment of salespersons
content:
39. —(1) An estate agent must not appoint, associate with, employ or continue to employ as a salesperson any person who for the time being is not a registered salesperson. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction for each salesperson appointed, associated or employed in contravention of subsection (1), as the case may be.


document_id: eaa-2010
provision_ref: s40
chapter: PART 4 - DUTIES AND LIABILITY
section: 40
title: Salesperson to act for one estate agent at any one time
content:
40. —(1) A salesperson may not be registered to act as a salesperson for more than one estate agent at any one time. (2) A salesperson must not at any one time act as a salesperson for more than one estate agent. (3) Any salesperson who makes any false representation (whether verbally or in writing or by conduct) to any person to the effect that the salesperson is employed by or authorised to act as a salesperson for any specified estate agent shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: eaa-2010
provision_ref: s41
chapter: PART 4 - DUTIES AND LIABILITY
section: 41
title: Salesperson to operate under written agreement with estate agent
content:
41. —(1) A licensed estate agent must not cause or permit a salesperson to carry out estate agency work for the licensed estate agent unless an agreement in writing between that estate agent and the salesperson authorises the salesperson to carry out estate agency work for that estate agent. (2) A salesperson must not perform or hold himself or herself out as entitled to perform estate agency work for a licensed estate agent unless an agreement in writing between that estate agent and the salesperson authorises the salesperson to carry out estate agency work for that estate agent. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.


document_id: eaa-2010
provision_ref: s42
chapter: PART 4 - DUTIES AND LIABILITY
section: 42
title: Codes of practice, ethics and conduct
content:
42. —(1) The Council may prescribe or issue and publish one or more codes of practice, ethics and conduct under whatever name for estate agents or salespersons or for both estate agents and salespersons. (2) A failure to observe a provision of any code that is prescribed or issued and published under subsection (1) may render the estate agent, the salesperson or both the estate agent and salesperson liable to disciplinary action.


document_id: eaa-2010
provision_ref: s43
chapter: PART 4 - DUTIES AND LIABILITY
section: 43
title: Notice of certain events
content:
43. —(1) Where a licensee ceases to be engaged in estate agency work, the licensee must, before the end of a period of 31 days starting on the date of the cessation, notify the Council in writing thereof. (2) Where a licensed estate agent ceases to appoint, associate with or employ a person as a salesperson, the licensed estate agent must, before the end of a period of 7 days (or such other period prescribed) notify the Council in a manner prescribed of the cessation. (3) Where a company is a licensed estate agent and — ( a ) a person is appointed as a director of the company; or ( b ) a person ceases to be such a director, the company must, before the end of a period of 7 days (or such other period prescribed) starting on the date of the appointment or, where appropriate, the cessation, notify the Council in a manner prescribed of the appointment or cessation. (4) Where — ( a ) a licensed estate agent — (i) becomes a member of a partnership; or (ii) ceases to be a member of a partnership; and ( b ) the partnership does, or it is proposed that it will do, estate agency work, the licensed estate agent must, before the end of a period of 7 days (or such other period prescribed) starting on the date of his or her so becoming or ceasing to be such a member, notify the Council in a manner prescribed thereof. (5) In addition to notification of the matters contained in subsections (1), (2), (3) and (4), a notice for the purposes of any of those subsections must contain such additional particulars (if any) as are prescribed for the time being for the purposes of this section which must be verified in such manner as may be prescribed. (6) A licensee who fails to comply with subsection (1), (2), (3), (4) or (5) shall be guilty of an offence.


document_id: eaa-2010
provision_ref: s43A
chapter: PART 4 - DUTIES AND LIABILITY
section: 43A
title:
Keeping and submission of reports and documents relating to transaction record of licensed estate agents

content:
43A. —(1) The Council may, by written notice, require a licensed estate agent or a registered salesperson of a licensed estate agent to keep and submit to the Council a report containing the prescribed particulars of each property transaction completed by each client of the licensed estate agent and any supporting document. [24/2020] (2) The report or document mentioned in subsection (1) must be submitted in the form and manner, and at the frequency and within the period, specified by the Council. [24/2020] (3) Any licensed estate agent or registered salesperson who, without reasonable excuse, fails to submit a report or document required under subsection (1) in accordance with the specifications under subsection (2) shall be guilty of an offence. [24/2020] (4) Any licensed estate agent or registered salesperson who, in compliance or purported compliance with subsection (1), submits to the Council a report or document containing any information which the licensed estate agent or registered salesperson (as the case may be) knows is false or misleading shall be guilty of an offence. [24/2020] (5) For the purposes of this section, a property transaction is completed by a client of a licensed estate agent when, as a result of estate agency work done for the client (whether by the licensed estate agent or by a registered salesperson of the licensed estate agent), the client enters into any agreement for the acquisition or disposition of property, including — ( a ) an option to purchase; ( b ) a sale and purchase agreement; ( c ) a tenancy agreement; and ( d ) a lease. [24/2020]


document_id: eaa-2010
provision_ref: s44
chapter: PART 4 - DUTIES AND LIABILITY
section: 44
title: Estate agency agreement required as regards certain proposals and undertakings
content:
44. —(1) Subject to subsection (4), where an estate agent proposes or undertakes (whether or not for a commission or other fee) to perform estate agency work for a client, whether as regards a particular property or not, a right or other cause of action whereby agreed sums, damages or any other relief or remedy may be recovered or obtained in legal proceedings as regards the proposal or undertaking shall lie at the suit of the estate agent if, and only if — ( a ) an estate agency agreement embodying the terms of the proposal or undertaking, being an agreement between the estate agent and the client which is in the form prescribed and which contains such particulars (if any) in respect of the proposal or undertaking as are prescribed for the purposes of this section has been entered into and, in the case of a written document, properly executed; and ( b ) the estate agent was a licensed estate agent at the time when the estate agency agreement was so entered into and executed. (2) Subject to subsection (4), where an estate agent makes a proposal or gives an undertaking to perform estate agency work for a client as described in subsection (1), the agent is entitled to recover from, or to require the payment by any other person of, any amount in respect of any outgoing paid or payable by the agent as regards any acquisition or disposition of any property to which the proposal or undertaking relates if, and only if — ( a ) an estate agency agreement between the estate agent and the client which is in the prescribed form and contains, in respect of the proposal or undertaking, such particulars (if any) as are prescribed for the purposes of this section has been entered into and, in the case of a written document, properly executed; ( b ) the estate agency agreement expressly provides for such recovery or reimbursement; and ( c ) the estate agent was a licensed estate agent at the time when the estate agency agreement was so entered into and executed. (3) A right or other cause of action described in subsection (1) shall not lie at the suit of any person other than the estate agent within the meaning of this section by reason only of anything contained in this section. (4) Regulations made under section 72 may exclude any class or description of estate agency work from the operation of subsections (1) and (2).


document_id: eaa-2010
provision_ref: s44A
chapter: PART 4A - PREVENTION OF MONEY LAUNDERING, PROLIFERATION FINANCING AND TERRORISM FINANCING
section: 44A
title: Application of this Part
content:
44A. —(1) This Part relates to the measures, consistent with standards set by the intergovernmental body known as the Financial Action Task Force, that a licensed estate agent or a registered salesperson must take when doing any estate agency work in relation to an acquisition or a disposition of a property, to prevent the acquisition or disposition of the property from being used to facilitate money laundering, proliferation financing or terrorism financing, or any combination of these activities. [24/2020] [Act 15 of 2025 wef 01/07/2025] (2) This Part applies to all licensed estate agents and registered salespersons. [24/2020]


document_id: eaa-2010
provision_ref: s44B
chapter: PART 4A - PREVENTION OF MONEY LAUNDERING, PROLIFERATION FINANCING AND TERRORISM FINANCING
section: 44B
title: Customer due diligence measures
content:
44B. —(1) A licensed estate agent must perform the prescribed customer due diligence measures in any of the following circumstances: ( a ) when doing any estate agency work for a client; ( b ) where the licensed estate agent has reason to suspect money laundering, proliferation financing or terrorism financing; [Act 15 of 2025 wef 01/07/2025] ( c ) where the licensed estate agent has reason to doubt the veracity or adequacy of information obtained from earlier customer due diligence measures; ( d ) under circumstances prescribed for the purposes of this section. [24/2020] (2) A registered salesperson must perform the prescribed customer due diligence measures in any of the following circumstances: ( a ) when doing any estate agency work for a client; ( b ) where the registered salesperson has reason to suspect money laundering, proliferation financing or terrorism financing; [Act 15 of 2025 wef 01/07/2025] ( c ) where the registered salesperson has reason to doubt the veracity or adequacy of information obtained from earlier customer due diligence measures; ( d ) under circumstances prescribed for the purposes of this section. [24/2020]


document_id: eaa-2010
provision_ref: s44BA
chapter: PART 4A - PREVENTION OF MONEY LAUNDERING, PROLIFERATION FINANCING AND TERRORISM FINANCING
section: 44BA
title: Counterparty due diligence measures
content:
44BA. —(1) This section applies when, in relation to an acquisition or a disposition of a property for which a licensed estate agent or registered salesperson is doing estate agency work for a client, a counterparty is not represented by any licensed estate agent or registered salesperson in respect of the acquisition or disposition of the property. (2) The licensed estate agent must perform the prescribed counterparty due diligence measures in any of the following circumstances: ( a ) where the licensed estate agent has reason to suspect money laundering, proliferation financing or terrorism financing; ( b ) where the licensed estate agent has reason to doubt the veracity or adequacy of information obtained from earlier counterparty due diligence measures; ( c ) under circumstances prescribed for the purposes of this section. (3) The registered salesperson must perform the prescribed counterparty due diligence measures in any of the following circumstances: ( a ) where the registered salesperson has reason to suspect money laundering, proliferation financing or terrorism financing; ( b ) where the registered salesperson has reason to doubt the veracity or adequacy of information obtained from earlier counterparty due diligence measures; ( c ) under circumstances prescribed for the purposes of this section. [Act 15 of 2025 wef 01/07/2025]


document_id: eaa-2010
provision_ref: s44C
chapter: PART 4A - PREVENTION OF MONEY LAUNDERING, PROLIFERATION FINANCING AND TERRORISM FINANCING
section: 44C
title: Keeping of records
content:
44C. —(1) A licensed estate agent must keep the following documents and information for such period as may be prescribed: ( a ) a record of all estate agency work for which — (i) the licensed estate agent must perform the customer due diligence measures mentioned in section 44B(1) or the counterparty due diligence measures mentioned in section 44BA(2); or (ii) a registered salesperson of the licensed estate agent must perform the customer due diligence measures mentioned in section 44B(2) or the counterparty due diligence measures mentioned in section 44BA(3), containing such particulars as may be prescribed; [Act 15 of 2025 wef 01/07/2025] ( b ) a record of all information relating to a client that is kept or obtained by the licensed estate agent, or by a registered salesperson of the licensed estate agent, through the customer due diligence measures performed under section 44B(1) or (2); ( ba ) a record of all information relating to a counterparty that is kept or obtained by the licensed estate agent, or by a registered salesperson of the licensed estate agent, through the counterparty due diligence measures performed under section 44BA(2) or (3); [Act 15 of 2025 wef 01/07/2025] ( c ) each supporting document relied on in support of any information referred to in paragraphs ( a ), ( b ) and ( ba ); [Act 15 of 2025 wef 01/07/2025] ( d ) such other document and information as may be prescribed. [24/2020] (2) A licensed estate agent must keep the documents and information mentioned in subsection (1) in such form and manner as may be prescribed. [24/2020] (3) A licensed estate agent must make the documents and information mentioned in subsection (1) available upon request to the Council in the manner prescribed. [24/2020]


document_id: eaa-2010
provision_ref: s44D
chapter: PART 4A - PREVENTION OF MONEY LAUNDERING, PROLIFERATION FINANCING AND TERRORISM FINANCING
section: 44D
title: Disclosure of suspicious transactions
content:
44D. A licensed estate agent or a registered salesperson must, if circumstances exist that require the licensed estate agent or registered salesperson to do so, make a disclosure under section 45(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992. [24/2020]


document_id: eaa-2010
provision_ref: s44E
chapter: PART 4A - PREVENTION OF MONEY LAUNDERING, PROLIFERATION FINANCING AND TERRORISM FINANCING
section: 44E
title: Contravention of this Part
content:
44E. A licensed estate agent or a registered salesperson who contravenes this Part is liable to disciplinary action. [24/2020]


document_id: eaa-2010
provision_ref: s44F
chapter: PART 5 - INSPECTION, ENFORCEMENT,
section: 44F
title: Interpretation of this Part
content:
44F. In this Part, unless the context otherwise requires — “computer” and “computer output” have the meanings given by section 2(1) of the Computer Misuse Act 1993; “document” includes, in addition to a document in writing — ( a ) any map, plan, graph or drawing; ( b ) any photograph; ( c ) any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means; ( d ) any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it; ( e ) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it; and ( f ) any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them; “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form. [24/2020]


document_id: eaa-2010
provision_ref: s45
chapter: PART 5 - INSPECTION, ENFORCEMENT,
section: 45
title: Appointment of inspectors
content:
45. —(1) The Council may appoint any of its officers or employees to be an inspector for the purposes of this Act. (2) The Council must provide every inspector with an identification card that identifies him or her as an inspector. (3) Every inspector must, when exercising any power under this Act, on demand produce his or her identification card to the person affected by the exercise of that power.


document_id: eaa-2010
provision_ref: s46
chapter: PART 5 - INSPECTION, ENFORCEMENT,
section: 46
title: Powers to inspect and require persons to provide documents and information, etc.
content:
46. —(1) An inspector may, for the purpose of ascertaining whether this Act has been or is being complied with or any investigation under this Act, do all or any of the following: ( a ) enter and inspect any premises under the possession or control of any licensed estate agent to — (i) inspect any document, computer, computer program, computer software or computer output on the premises that may relate to compliance with or any investigation under this Act; (ii) without payment, make copies of or take extracts from any such document, computer, computer program, computer software or computer output; (iii) without payment, take possession of any such document, computer, computer program, computer software or computer output where, in the opinion of the inspector — (A) the inspection, copying of or extraction from any part of such document, computer, computer program, computer software or computer output cannot reasonably be performed without taking possession; (B) such document, computer, computer program, computer software or computer output may be interfered with or destroyed unless possession is taken; or (C) such document, computer, computer program, computer software or computer output may be required as evidence in proceedings instituted or commenced for any of the purposes of, or in connection with, this Act; (iv) take onto the premises any equipment and materials that the inspector requires for the purpose of exercising any power under this section; (v) operate any electronic equipment on the premises, including — (A) using a disc, tape or other storage device that is on the premises and that can be used with the equipment or in association with the equipment; (B) operating electronic equipment on the premises to put any relevant data in documentary form and remove the documents so produced from the premises; and (C) operating electronic equipment on the premises to transfer any relevant data to a disc, tape or other storage device that is brought onto the premises for the purpose of exercising any power under this section and to remove the disc, tape or other storage device from the premises; and (vi) do anything that is necessary or expedient to carry out the inspection; ( b ) require, by written notice, any person who, from any information given to or otherwise obtained by the inspector, appears to be acquainted with the facts or circumstances of the case, to attend personally before the inspector, at a time and place specified in the notice; ( c ) examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the inspector may specify, and reduce into writing the answer given or statement made by that person; ( d ) require any person to provide the inspector, in the form and manner specified by the inspector, with any information or any document, computer, computer program, computer software or computer output in the possession, or under the custody or control, of the person. [24/2020] (2) The person mentioned in subsection (1)( c ) is bound to state truly the facts or circumstances with which the person is acquainted, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. [24/2020] (3) A statement made by the person mentioned in subsection (1)( c ) must be read over to the person and must, after correction (if necessary), be signed by the person. [24/2020] (4) The power of an inspector to require a person to provide any document, computer, computer program, computer software or computer output under subsection (1)( d ) includes the power to — ( a ) without payment, inspect, copy or take extracts from the document, computer, computer program, computer software or computer output; and ( b ) where the person is a licensed estate agent, a key executive officer, a director, a partner or an employee of a licensed estate agent, or a registered salesperson, or where the inspector has reasonable grounds for believing that an offence under this Act has been committed — without payment, take possession of the document where, in the opinion of the inspector — (i) the inspection, copying of or extraction from any part of the document cannot reasonably be performed without taking possession; (ii) the document may be interfered with or destroyed unless possession is taken; or (iii) the document may be required as evidence in proceedings instituted or commenced for any of the purposes of, or in connection with, this Act. [24/2020]


document_id: eaa-2010
provision_ref: s47
chapter: PART 5 - INSPECTION, ENFORCEMENT,
section: 47
title: Additional powers to investigate offences
content:
47. —(1) In addition to the powers conferred on an inspector by this Act, an inspector who has reasonable grounds for believing that an offence under this Act has been committed may — ( a ) at reasonable hours, enter any premises (whether or not in the possession or control of a licensed estate agent) on which the inspector has reasonable cause to believe evidence of the commission of the offence may be found, and search and inspect any document, computer, computer program, computer software or computer output on those premises; ( b ) require any person whom the inspector reasonably believes to have committed the offence to provide evidence of the person’s identity; and ( c ) take any photograph or make any video or audio recording or sketch — (i) of any person reasonably believed to be acquainted with the facts or circumstances of the case, or with such other matter as the inspector may specify; and (ii) on the premises as the inspector thinks necessary. [24/2020] (2) The power of an inspector to search and inspect any document, computer, computer program, computer software or computer output under subsection (1)( a ) includes the power to — ( a ) without payment, inspect, copy or take extracts from the document, computer, computer program, computer software or computer output; and ( b ) without payment, take possession of the document, computer, computer program, computer software or computer output where, in the opinion of the inspector — (i) the inspection, copying of or extraction from any part of the document, computer, computer program, computer software or computer output cannot reasonably be performed without taking possession; (ii) the document, computer, computer program, computer software or computer output may be interfered with or destroyed unless possession is taken; or (iii) the document, computer, computer program, computer software or computer output may be required as evidence in proceedings instituted or commenced for an offence under this Act. [24/2020] 48. [ Repealed by Act 24 of 2020 ]


document_id: eaa-2010
provision_ref: s49
chapter: PART 5 - INSPECTION, ENFORCEMENT,
section: 49
title: Complaints
content:
49. —(1) Any complaint of the conduct of a licensed estate agent or registered salesperson may in the first place be made to the Executive Director who must refer the complaint to the Council. (2) The Executive Director may on his or her own motion refer any information concerning the conduct of a licensee or salesperson to the Council. (3) The Council may require any complaint or class of complaints to be supported by such statutory declaration as the Council may require, except that no statutory declaration is required if the complaint is made by any public officer. (4) After receiving any complaint or information under subsection (1) or (2), the Council may, if it is of the opinion that there is a sufficient case for investigation, refer the matter for investigation under section 50. (5) The Council must consider any report or recommendations submitted under section 50(3) and may refer the matter or report back to the inspector for further consideration or investigation as it may consider necessary or desirable. (6) Subject to subsections (7), (8), (9), (10) and (11), after considering the report and recommendations submitted under section 50(3) — ( a ) where the Council is satisfied that any of the following has been contravened: (i) any provision of Part 4A; (ii) any regulation made under section 72, or any provision of a code of practice, ethics and conduct prescribed or issued and published under section 42(1), in respect of requirements relating to the detection and prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions suspected of involving money laundering, proliferation financing or terrorism financing, the Council may do one or both of the following: (iii) impose on the licensed estate agent or registered salesperson concerned a financial penalty not exceeding $5,000 for each contravention; (iv) censure the licensed estate agent or registered salesperson concerned; and ( b ) where the Council is satisfied that there is any other sufficient cause apart from a contravention mentioned in paragraph ( a ), the Council may do one or both of the following: (i) impose on the licensed estate agent or registered salesperson concerned a financial penalty of any amount not exceeding $5,000; (ii) censure the licensed estate agent or registered salesperson concerned. [Act 15 of 2025 wef 01/07/2025] (7) The Council must, before making any decision under subsection (6) in relation to the licensed estate agent or registered salesperson, give the licensed estate agent or registered salesperson written notice of the Council’s intention to do so. [24/2020] (8) Upon receipt of the notice of the Council under subsection (7), the licensed estate agent or registered salesperson may, within 14 days after the date of the notice, show cause to the Council as to why the Council should not take any or all of the actions (as the case may be) under subsection (6). [24/2020] [Act 15 of 2025 wef 01/07/2025] (9) The Council must, after the licensed estate agent or registered salesperson has shown cause under subsection (8) or the time to do so has expired, give written notice to the licensed estate agent or registered salesperson of the Council’s decision under subsection (6). [24/2020] (10) Subject to section 59, any decision by the Council under subsection (6) does not take effect until 14 days after the Council has served the written notice under subsection (9) to the licensed estate agent or registered salesperson. [24/2020] (11) If the Council considers it appropriate, the Council may, instead of making any decision under subsection (6), refer the matter to a Disciplinary Committee. [24/2020]


document_id: eaa-2010
provision_ref: s50
chapter: PART 5 - INSPECTION, ENFORCEMENT,
section: 50
title: Investigations
content:
50. —(1) The Council, or a person authorised by the Council, may appoint one or more inspectors to conduct an investigation into any complaint made or information received under section 49. (2) Where any matter is investigated under subsection (1), the person in relation to whom the complaint has been made is, for the purposes of this Act, referred to as “person under investigation”. (3) On completion of investigation, the inspector must submit a report and make recommendations to the Council as to whether the exercise of powers under section 52 should be considered. (4) Subject to subsection (5) and except in the performance of a function under this section, the inspector, the Council, a Disciplinary Committee and any person who assists in the performance of a function under this section must maintain confidentiality in respect of all matters and information produced or given or otherwise provided for the purposes of an investigation under this section. (5) Nothing in subsection (4) prevents the disclosure of information — ( a ) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings or any investigation in connection therewith, whether under this Act or otherwise, in Singapore; ( b ) in connection with any civil proceedings to which the Council is a party; or ( c ) in connection with the exercise of any power under this Part.


document_id: eaa-2010
provision_ref: s51
chapter: PART 5 - INSPECTION, ENFORCEMENT,
section: 51
title: Disciplinary Panel and Disciplinary Committee
content:
51. —(1) The Council may appoint a Disciplinary Panel of not more than the number of members determined by the Council. [24/2020] (2) The Council must, from members of the Disciplinary Panel who are also members of the Council, appoint a Head of the Disciplinary Panel. (3) The Council may, at any time, revoke the appointment of any member of the Disciplinary Panel, or fill any vacancy in the Disciplinary Panel. (4) The Head of the Disciplinary Panel may appoint Disciplinary Committees from members of the Disciplinary Panel, to formally inquire into any matter referred to a Disciplinary Committee under section 49. (5) A Disciplinary Committee must comprise at least 3 members. (6) A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Head of the Disciplinary Panel thinks fit. (7) Any inspector or person who participates in the investigation of any matter must not be a member of a Disciplinary Committee inquiring into the same matter. (8) The Head of the Disciplinary Panel must appoint a member of a Disciplinary Committee to be the Chairperson of the Disciplinary Committee. (9) The Head of the Disciplinary Panel may, at any time, revoke the appointment of any Disciplinary Committee or any member thereof, or fill any vacancy in a Disciplinary Committee. (10) No act done by or under the authority of the Council or a Disciplinary Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. (11) A member of a Disciplinary Committee, even though he or she has ceased to be a member of the Council or Disciplinary Panel on the expiry of his or her term of office, continues to be a member of the Disciplinary Committee until such time the Disciplinary Committee has completed its work.


document_id: eaa-2010
provision_ref: s52
chapter: PART 5 - INSPECTION, ENFORCEMENT,
section: 52
title: Disciplinary action, etc.
content:
52. —(1) The Disciplinary Committee must consider all reports of an inspector on any matter referred to it under this Part and must, according to the circumstances of the case, determine that — ( a ) there is no sufficient cause for disciplinary action against the person under investigation; ( b ) there is sufficient cause for disciplinary action against the person under investigation; or ( c ) despite there being no sufficient cause for disciplinary action against the person under investigation, the person should still be admonished or reprimanded. (2) Sufficient cause for disciplinary action may be shown by proof that a licensee or registered salesperson — ( a ) has been guilty of unsatisfactory conduct or misconduct in relation to estate agency work; ( b ) has breached any of the provisions of this Act or of any subsidiary legislation, regulations or code made under this Act (whether or not any other action has been taken in respect of such breach); or ( c ) has breached any order of a Disciplinary Committee or the Appeals Board, if such conduct, misconduct or breach warrants disciplinary action. (3) Where the Disciplinary Committee determines that there is sufficient cause for disciplinary action against a licensee or registered salesperson under investigation, the Disciplinary Committee may, subject to this section, impose a financial penalty of a specified amount not exceeding the maximum specified in subsection (12) or (13) or both (as the case may be) and exercise either of the following powers as it considers appropriate, whether or not a financial penalty is imposed: ( a ) suspend his or her licence or registration; ( b ) revoke his or her licence or registration. [24/2020] [Act 15 of 2025 wef 01/07/2025] (4) Where the Disciplinary Committee determines that despite there being no cause for disciplinary action against a licensee or registered salesperson under investigation, but the person should still be admonished or reprimanded, the Disciplinary Committee may, subject to this section, admonish or reprimand the licensee or registered salesperson in writing under the hand of the Chairperson. (5) Where the Disciplinary Committee exercises powers under subsection (3) or (4), it may also exercise such of the following powers as it considers appropriate: ( a ) attach specified conditions to the licence or registration concerned; ( b ) vary any condition already attached to such licence or registration. (6) The Disciplinary Committee may, in exercising any power under subsection (3), (4) or (5), order the licensee or salesperson to pay the Council fixed costs of $1,000 or such other amount as may be prescribed from time to time. (7) Before any power is exercised under subsection (3), (4), (5) or (6), the licensee or salesperson concerned must be given a reasonable opportunity of being heard. (8) Where, after considering any representations made, the Disciplinary Committee exercises any power under subsection (3), (4), (5) or (6), the Disciplinary Committee must inform the licensee or salesperson concerned either in person or in writing. (9) Subject to this Act and unless otherwise ordered by the Disciplinary Committee or the Appeals Board, any order of the Disciplinary Committee under this section takes effect upon pronouncement. (10) Where a licence or registration is suspended or revoked, no fee or other sum paid in respect of the grant or renewal of the licence or registration may be refunded. (11) Any financial penalty imposed upon, or costs ordered to be paid by, a licensee or salesperson under this Act may be recovered as a civil debt due to the Council. (12) The maximum financial penalty that the Disciplinary Committee may impose for any sufficient cause for disciplinary action apart from a contravention mentioned in subsection (13) is — ( a ) in the case of a licensed estate agent — $200,000; and ( b ) in the case of a registered salesperson — $100,000. [24/2020] [Act 15 of 2025 wef 01/07/2025] (13) The maximum financial penalty that the Disciplinary Committee may impose where the Disciplinary Committee determines that a licensed estate agent or registered salesperson has contravened — ( a ) any provision of Part 4A; or ( b ) any regulation made under section 72, or any provision of a code of practice, ethics and conduct prescribed or issued and published under section 42(1), in respect of requirements relating to the detection and prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions suspected of involving money laundering, proliferation financing or terrorism financing, is — ( c ) in the case of a licensed estate agent — $200,000 for each contravention; and ( d ) in the case of a registered salesperson — $100,000 for each contravention. [Act 15 of 2025 wef 01/07/2025]


document_id: eaa-2010
provision_ref: s53
chapter: PART 5 - INSPECTION, ENFORCEMENT,
section: 53
title: Powers and procedures of Disciplinary Committee
content:
53. —(1) In the discharge of its functions under this Act, a Disciplinary Committee has all of the following powers: ( a ) to take evidence on oath; ( b ) to summon any person to attend any hearing of the Disciplinary Committee to give evidence or produce any document or other article in the person’s possession, except that no person is bound to answer any question or produce any document or other article in respect of any matter which would have been protected from disclosure on the ground of privilege if the proceedings had been held in any court; ( c ) to do anything which is necessary or expedient to enable it to perform its functions. (2) A Disciplinary Committee is not bound by the rules of evidence applicable to civil proceedings but may inform itself of any matter as it thinks fit. (3) All members of a Disciplinary Committee, in the performance of their functions and duties under this Act, are deemed to be public servants for the purposes of the Penal Code 1871. (4) Subject to the provisions of this Act, a Disciplinary Committee may regulate its own procedure in such manner as it thinks fit. (5) The quorum of a Disciplinary Committee is 3 members, one of whom must be the Chairperson of the Disciplinary Committee. (6) The Chairperson of a Disciplinary Committee must preside at any proceedings of the Disciplinary Committee. (7) A party to proceedings before a Disciplinary Committee may be represented by a solicitor, who may examine witnesses and address the Disciplinary Committee on behalf of the party. (8) The proceedings of a Disciplinary Committee are not open to the public. (9) All matters coming before a Disciplinary Committee must be decided by a majority of votes of the members present, and in the event of an equality of votes, the Chairperson of the Disciplinary Committee has a second or casting vote. (10) No act or proceedings of a Disciplinary Committee may be questioned by reason only of any vacancy on it.


document_id: eaa-2010
provision_ref: s54
chapter: PART 6 - SUSPENSION AND REVOCATION OF
section: 54
title: Suspension or revocation of estate agent’s licence
content:
54. —(1) Subject to the provisions of this Act, the Council may suspend an estate agent’s licence for such period of time as it thinks fit, or revoke the licence at any time. (2) The Council may suspend or revoke an estate agent’s licence if — ( a ) the relevant licensee has ceased to be engaged in estate agency work, or is wound up or otherwise dissolved; ( b ) the relevant licensee is not eligible to hold or continue to hold the licence under the provisions of this Act, or would not be entitled to be granted a licence under the provisions of this Act if an application for a licence were to be made at such time; ( c ) the relevant licensee had, in connection with the application for a licence, provided false or misleading information in a material particular; ( d ) any relevant certificate or qualification used to support the application for a licence is withdrawn or cancelled; ( e ) the relevant licensee has contravened any requirements or other provisions of this Act; ( f ) the relevant licensee has failed to pay any fine, fee, charge or financial penalty (other than a financial penalty imposed under section 49(6)) charged or imposed under this Act; ( g ) the relevant licensee has failed to comply with any of the conditions attached to the licence; or ( h ) the Council considers that the relevant licensee is no longer a fit and proper person to hold a licence. [24/2020] (3) Where the Council proposes to suspend or revoke a licence, it must give the relevant licensee written notice of the proposal and the reasons for it. (4) A notice under subsection (3) must state that within a period of 21 days starting on the date of the notice, or within such longer period as the Council may allow in a particular case, representations regarding the proposed suspension or revocation (as the case may be) may be made in writing to the Council by or on behalf of the licensee concerned. (5) Where representations are made pursuant to subsection (4), the Council must not suspend or revoke the licence concerned without having considered the representations. (6) Where a licence is suspended under this section, the Council may shorten the period for which the licence is suspended or lift the suspension. (7) Where any licence is suspended or revoked under this section, no fee or other sum paid in respect of the grant or renewal of the licence may be refunded.


document_id: eaa-2010
provision_ref: s55
chapter: PART 6 - SUSPENSION AND REVOCATION OF
section: 55
title: Suspension or revocation of registration
content:
55. —(1) Subject to the provisions of this Act, the Council may suspend the registration of a salesperson for such period of time as it thinks fit, or revoke the registration. (2) The Council may suspend or revoke the registration of a salesperson at any time if — ( a ) the relevant salesperson has ceased to do work for or be engaged by the estate agent he or she was registered through; ( b ) the relevant salesperson would not be eligible to be registered under the provisions of this Act if an application for registration were to be made at such time; ( c ) the relevant salesperson or estate agent had, in connection with the application for registration, provided false or misleading information in a material particular; ( d ) any relevant certificate or qualification used to support the application for registration is withdrawn or cancelled; ( e ) the relevant salesperson has contravened any requirements or other provisions of this Act; ( f ) the relevant salesperson has failed to pay any fine, fee, charge or financial penalty (other than a financial penalty imposed under section 49(6)) charged or imposed under this Act; ( g ) the relevant salesperson has failed to comply with any of the conditions attached to the registration; or ( h ) the Council considers that the relevant salesperson is no longer a fit and proper person to be registered as a salesperson. [24/2020] (3) Where the Council proposes to suspend or revoke the registration of a salesperson, it must give the relevant salesperson and the estate agent he or she was registered through written notice of the proposal and the reasons for it. (4) A notice under subsection (3) must state that within a period of 21 days starting on the date of the notice, or within such longer period as the Council may allow in a particular case, representations regarding the proposed suspension or revocation (as the case may be) may be made in writing to the Council by or on behalf of the persons concerned. (5) Where representations are made pursuant to subsection (4), the Council must not suspend or revoke the registration of the salesperson concerned without having considered the representations. (6) Where registration is suspended under this section, the Council may shorten the period for which the registration of a salesperson is suspended or lift the suspension. (7) Where the registration of a salesperson is suspended or revoked under this section, no fee or other sum paid in respect of the registration may be refunded.


document_id: eaa-2010
provision_ref: s56
chapter: PART 6 - SUSPENSION AND REVOCATION OF
section: 56
title: Effect of revocation and suspension
content:
56. —(1) Where any estate agent’s licence is revoked or while any order of suspension remains in force, the estate agent must cease to carry on the business of an estate agent. (2) An estate agent whose licence is suspended is, while the suspension remains in force, deemed to be a person who does not hold an estate agent’s licence, except for the purposes of any disciplinary proceedings under Part 5. [24/2020] (3) Where the registration of a salesperson is revoked or while any order of suspension remains in force, the salesperson must cease to act as a salesperson for any person. (4) A salesperson whose registration is suspended is, while the suspension remains in force, deemed to be a person who is not registered as a salesperson, except for the purposes of any disciplinary proceedings under Part 5. [24/2020] (5) Any security furnished under section 33 may be forfeited to the Council in whole or in part at the discretion of the Council on the suspension or revocation of a licence.


document_id: eaa-2010
provision_ref: s57
chapter: PART 7 - APPEALS
section: 57
title: Constitution of Appeals Board
content:
57. —(1) There is an Appeals Board consisting of not more than 15 members as the Minister may appoint. (2) The Minister must appoint — ( a ) from members of the Appeals Board — (i) a Chairperson of the Appeals Board; and (ii) one or more Vice-Chairpersons of the Appeals Board as the Minister thinks fit; and ( b ) one or more secretaries to the Appeals Board and such other officers as may be required to assist the Appeals Board in the discharge of its duties and functions. (3) Every member of the Appeals Board must, unless the Minister otherwise directs, hold office for a period of 3 years and be eligible for re-appointment. (4) The Minister may, at any time, revoke the appointment of any member of the Appeals Board or secretary to the Appeals Board or fill any vacancy in the Appeals Board. (5) A member of the Appeals Board may resign his or her office by written notice to the Minister. (6) Members of the Appeals Board may receive such remuneration and such travelling and subsistence allowances as the Minister may determine.


document_id: eaa-2010
provision_ref: s58
chapter: PART 7 - APPEALS
section: 58
title: Duty, powers and procedures of Appeals Board
content:
58. —(1) It is the duty of the Appeals Board to hear and decide all appeals under section 59. (2) In the discharge of its functions under this Act, the Appeals Board has the following powers: ( a ) to take evidence on oath; ( b ) to summon any person to attend any hearing of the Appeals Board to give evidence or produce any document or other article in his or her possession, except that no person is bound to answer any question or produce any document or other article in respect of any matter which would have been protected from disclosure on the ground of privilege if the proceedings had been held in any court; ( c ) to do anything which is necessary or expedient to enable it to perform its functions; ( d ) to exercise the powers of a Disciplinary Committee under this Act. (3) The Appeals Board is not bound by the rules of evidence applicable to civil proceedings but may inform itself of any matter as it thinks fit. (4) The Chairperson must, when present, preside at every meeting of the Appeals Board, and in his or her absence the following person must preside: ( a ) where there is only one Vice‑Chairperson present — the Vice‑Chairperson; and ( b ) where there is more than one Vice‑Chairperson present — such Vice‑Chairperson as may be chosen by the Vice‑Chairpersons present. (5) All members of the Appeals Board, in the performance of their functions and duties under this Act, are deemed to be public servants for the purposes of the Penal Code 1871. (6) Subject to the provisions of this Act, the Appeals Board may regulate its own procedure in such manner as it thinks fit. (7) All powers, functions and duties of the Appeals Board may be exercised, discharged and performed by any committee of the Appeals Board consisting of at least 3 members of the Appeals Board, at least one of whom must be the Chairperson or a Vice‑Chairperson. (8) Any act, finding or decision of any such committee of the Appeals Board is deemed to be the act, finding or decision of the Appeals Board. (9) The secretary to the Appeals Board may summon such members of the Appeals Board as may be nominated by the Chairperson (or a Vice‑Chairperson authorised by the Chairperson) to constitute a committee of the Appeals Board to consider and determine an appeal under this Part. (10) The quorum of the Appeals Board and any committee of the Appeals Board is 3 members, one of whom must be the Chairperson or a Vice‑Chairperson. (11) The proceedings of a committee of the Appeals Board must be presided by — ( a ) where the Chairperson is a member of the committee — the Chairperson; and ( b ) where the Chairperson is not a member of the committee and — (i) there is only one Vice‑Chairperson on the committee — the Vice‑Chairperson; or (ii) there is more than one Vice‑Chairperson on the committee — such Vice‑Chairperson as the Chairperson may determine. (12) Where the person to preside at a meeting of a committee under subsection (11) is absent from any meeting of the committee, the meeting must be presided by — ( a ) where there is only one Vice‑Chairperson who is a member of the committee present — the Vice‑Chairperson; and ( b ) where there is more than one Vice‑Chairperson who is a member of the committee present — such Vice‑Chairperson as may be chosen by the Vice‑Chairpersons present. (13) The proceedings of the Appeals Board and any committee of the Appeals Board are not open to the public. (14) All matters coming before the Appeals Board or a committee of the Appeals Board must be decided by a majority of votes of the members present, and in the event of an equality of votes, the member presiding has a second or casting vote. (15) No act or proceedings of the Appeals Board or a committee of the Appeals Board may be questioned by reason only of any vacancy on it. (16) A member of a committee of the Appeals Board, even though he or she has ceased to be a member of the Appeals Board on the expiry of his or her term of office, continues to be a member of the committee until such time as the committee has completed its work.


document_id: eaa-2010
provision_ref: s59
chapter: PART 7 - APPEALS
section: 59
title: Appeals to Appeals Board
content:
59. —(1) Any person who is aggrieved by a decision of the Council or a Disciplinary Committee under this Act may lodge an appeal against the decision to the Appeals Board. (2) Every appeal under subsection (1) must be lodged within such time, and in such form and manner, as may be provided by rules made under section 62. (3) Subject to subsection (4), the lodging of an appeal under subsection (1) does not suspend the effect of the decision to which the appeal relates. (4) Where the Council or a Disciplinary Committee has made an order revoking or suspending a licence or registration and the licensee or salesperson concerned gives due notice of appeal to the Appeals Board under this section, the order that is appealed against is stayed pending the determination of the appeal unless the Appeals Board, on the application of the Council, orders otherwise. (5) The Appeals Board may — ( a ) confirm, set aside or modify the decision to which the appeal relates; ( b ) give such directions in such manner as the Appeals Board thinks fit, including a direction to the Council to review the decision to which the appeal relates; or ( c ) make such orders (if any) as it thinks fit, with regard to the payment of costs, and the decision of the Appeals Board is final. (6) The decision of the Appeals Board must be communicated to the licensee or salesperson in person, or in writing by the secretary to the Appeals Board. (7) Unless otherwise ordered, an order of the Appeals Board takes effect immediately upon pronouncement.


document_id: eaa-2010
provision_ref: s60
chapter: PART 7 - APPEALS
section: 60
title: Representation before Appeals Board
content:
60. —(1) A party to proceedings before the Appeals Board may be represented by a solicitor, who may examine witnesses and address the Appeals Board on behalf of the party. (2) In proceedings before the Appeals Board, the Council may be represented by a solicitor or an officer or employee of the Council.


document_id: eaa-2010
provision_ref: s61
chapter: PART 7 - APPEALS
section: 61
title: Disclosure of conflict of interests by members of Appeals Board
content:
61. —(1) A member of the Appeals Board must declare to the Minister, or any person authorised by the Minister, the nature and extent of any actual or potential conflict of interests with his or her duties or interests as a member of the Appeals Board arising from — ( a ) the member’s holding of any office; ( b ) the member’s interest in any contract; ( c ) the member’s possession or ownership of any property; ( d ) any direct or indirect relationship with any estate agent or salesperson; or ( e ) the member’s connection or association with any trade or consumer body. (2) Where the Minister, or any person authorised by the Minister, is satisfied that a member of the Appeals Board is or may be unable to carry out his or her duties properly and effectively because of any actual or potential conflict of interests, the Minister may replace that member or direct that member to abstain from taking part in any proceedings that is or may be affected by the conflict of interests.


document_id: eaa-2010
provision_ref: s62
chapter: PART 7 - APPEALS
section: 62
title: Rules relating to appeals
content:
62. The Minister may make rules for or with respect to — ( a ) the time within which an appeal to the Appeals Board may be lodged; ( b ) the form and manner in which an appeal to the Appeals Board must be lodged; ( c ) the procedure of the appeal process and the hearing of the appeal; ( d ) the fees to be paid in respect of any appeal lodged with the Appeals Board; ( e ) the costs that can be awarded by the Appeals Board; ( f ) the records to be kept by the Appeals Board; and ( g ) all matters and things which are required or permitted to be prescribed or which are necessary or expedient to give effect to any provision of this Part.


document_id: eaa-2010
provision_ref: s63
chapter: PART 7 - APPEALS
section: 63
title: Members of Appeals Board deemed to be public servants and protection from personal liability
content:
63. —(1) The Chairperson, a Vice‑Chairperson and any member of the Appeals Board, in the performance of their functions and duties under this Act, are deemed to be public servants for the purposes of the Penal Code 1871. (2) No suit or other legal proceedings shall lie personally against any member of the Appeals Board for anything done or omitted to be done in good faith in the exercise or purported exercise of powers under this Act.


document_id: eaa-2010
provision_ref: s64
chapter: PART 8 - MISCELLANEOUS
section: 64
title: General offences and penalties
content:
64. —(1) Any person who — ( a ) in relation to any application under this Act — (i) makes any false statement which the person knows to be false or does not believe to be true or which the person makes recklessly; or (ii) intentionally suppresses any material fact; ( b ) without reasonable excuse, fails, neglects or refuses to comply with a requirement or notice of an inspector under section 46 or 47; ( ba ) in response to a requirement or notice of an inspector under section 46 or 47, provides any information, document or statement that the person knows is false or misleading in any material particular; ( bb ) provides any information, document or statement under section 46 or 47 that is misleading by the intentional suppression of any material fact; ( c ) obstructs or impedes the Council, any officer of the Council or any inspector lawfully carrying out any function or duty in the exercise of any power conferred by or under this Act; or ( d ) being summoned to attend at a hearing of the Disciplinary Committee or Appeals Board to give evidence or produce any document or other article, without reasonable excuse refuses or neglects to do so, or refuses to answer any questions put to the person by or with the concurrence of the Disciplinary Committee or Appeals Board, or otherwise hinders, obstructs or deceives the Disciplinary Committee or Appeals Board in the exercise of its powers under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. [24/2020] (2) Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: eaa-2010
provision_ref: s65
chapter: PART 8 - MISCELLANEOUS
section: 65
title: Power of Council to issue requisition for particulars or information
content:
65. —(1) The Council may issue a written requisition to any person to provide such particulars or supply such information relating to any matter to which this Act applies as may be specified in the requisition. (2) A requisition issued by the Council under subsection (1) may — ( a ) specify the form in which and the time within which the particulars or information are to be provided or supplied; ( b ) require the particulars or information to be provided or supplied periodically at or within such time or times and in such form or forms as are specified in the requisition; and ( c ) specify the place or manner at or in which the particulars or information are to be delivered. (3) Every person who is issued a requisition by the Council under subsection (1) must provide the particulars or supply the information specified in the requisition to the best of his or her knowledge and belief. (4) Any person who, without reasonable excuse, fails to comply with any requisition issued by the Council under subsection (1) shall be guilty of an offence. (5) Any person who, in compliance or purported compliance with any requisition issued by the Council under subsection (1), provides the Council with any information or document which he or she knows is false or misleading shall be guilty of an offence.


document_id: eaa-2010
provision_ref: s66
chapter: PART 8 - MISCELLANEOUS
section: 66
title: Power of Council in relation to dispute resolution schemes
content:
66. —(1) Regulations may be made under section 72 to prescribe one or more dispute resolution schemes for the resolution of disputes arising from or relating to the provision of services by estate agents and salespersons. (2) Without limiting subsection (1), regulations may be made under section 72 — ( a ) requiring licensed estate agents or any class thereof to participate in such prescribed dispute resolution schemes and to comply with such terms and conditions of the schemes as may be prescribed; ( b ) requiring registered salespersons or any class thereof to participate in such prescribed dispute resolution schemes and to comply with such terms and conditions of the schemes as may be prescribed; ( c ) prescribing approved dispute resolution centres under each prescribed dispute resolution scheme; and ( d ) generally to give effect to this section. (3) Where the Council is satisfied that any licensed estate agent or registered salesperson has contravened any of the regulations mentioned in subsection (2), the Council may do all or any of the following: ( a ) impose a financial penalty of such amount, not exceeding $5,000, as the Council thinks fit; ( b ) censure the estate agent or salesperson, if the Council thinks it necessary in the public interest or for the protection of the public or any section of the public; ( c ) revoke or suspend the licence or registration, or order that the licence or registration (as the case may be) be subject to such terms or conditions as the Council may impose, whether in addition to or in substitution of the existing terms and conditions. (4) The Council must, before making any decision under subsection (3) in relation to an estate agent or a salesperson, give the estate agent or salesperson (as the case may be) written notice of its intention to do so. (5) Upon receiving the notice of the Council under subsection (4), the person concerned or any manager of the person may, within a period of 14 days after the date of the notice, show cause to the Council as to why the Council should not impose a financial penalty, censure or make an order under subsection (3)( c ), as the case may be. (6) The Council must, after the estate agent or any manager of the estate agent or the salesperson (as the case may be) has shown cause under subsection (5) or the time to do so has expired, notify the party concerned of its decision in writing. (7) Subject to section 59, any decision by the Council under subsection (3) does not take effect until the end of 14 days after the Council has served the notice of the decision on the party concerned. (8) The Council may issue, and in its discretion publish by notification in the Gazette or in such other manner as it considers appropriate, such guidelines as it considers appropriate for providing guidance in relation to the operation of a prescribed dispute resolution scheme.


document_id: eaa-2010
provision_ref: s67
chapter: PART 8 - MISCELLANEOUS
section: 67
title: Jurisdiction of court
content:
67. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment for any such offence.


document_id: eaa-2010
provision_ref: s68
chapter: PART 8 - MISCELLANEOUS
section: 68
title: Offences by bodies corporate, etc.
content:
68. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) is to apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section, “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, key executive officer, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity. (6) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: eaa-2010
provision_ref: s69
chapter: PART 8 - MISCELLANEOUS
section: 69
title: Composition of offences
content:
69. —(1) The Executive Director or any officer authorised by him or her may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence.


document_id: eaa-2010
provision_ref: s70
chapter: PART 8 - MISCELLANEOUS
section: 70
title: Service of documents
content:
70. —(1) Any notice, order, direction or other document required or authorised by this Act to be served on any person may be served on the person — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business; (iv) by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual; (v) by sending it by fax to the fax number operated at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Council by the individual as the fax number for the service of documents on the individual; (vi) subject to subsection (3B) — by sending it by email to the individual’s last email address; or (vii) subject to subsection (3B) — by sending it by an internet‑based messaging service to the individual’s last contact address; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other similar officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the partnership’s principal or last known place of business in Singapore; (iii) by sending it by fax to the fax number operated at the partnership’s principal or last known place of business in Singapore; (iv) subject to subsection (3B) — by sending it by email to the partnership’s last email address; or (v) subject to subsection (3B) — by sending it by an internet‑based messaging service to the partnership’s last contact address; and ( c ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, its manager; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; (iii) by sending it by fax to the fax number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore; (iv) subject to subsection (3B) — by sending it by email to the limited liability partnership’s or body corporate’s last email address; or (v) subject to subsection (3B) — by sending it by an internet‑based messaging service to the limited liability partnership’s or body corporate’s last contact address. [24/2020] (2) Where any notice, order, direction or other document required or authorised by this Act to be served is sent by fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be. (3) Where any notice, order, direction or other document required or authorised by this Act to be served is sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered. (3A) Where any notice, order, direction or other document is sent by email or by an internet‑based messaging service under subsection (1), service of the notice, order, direction or other document takes effect at the time that the email or message becomes capable of being retrieved by the person to whom it is sent. [24/2020] (3B) Service of any notice, order, direction or other document under this Act on a person by email or by an internet‑based messaging service may be effected only — ( a ) with the person’s prior consent to service in that way; and ( b ) in a file format that the person has agreed to. [24/2020] (4) Any notice, order, direction or other document required or authorised by this Act to be served on the owner or occupier of any premises — ( a ) may be served by delivering it or a true copy of it to an adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, direction or document to some conspicuous part of the premises; and ( b ) is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description. (5) This section does not apply to notices and documents to be served in proceedings in court. (6) In this section — “last contact address”, in relation to an internet‑based messaging service, means — ( a ) the last contact address, for receipt of messages through the internet‑based messaging service, given, under this Act, by the addressee concerned to the person giving or serving the notice, order, direction or other document as the contact address for the service of the notice, order, direction or other document; or ( b ) the last contact address, for receipt of messages through the internet‑based messaging service, of the addressee concerned known to the person giving or serving the notice, order, direction or other document; “last email address” means — ( a ) the last email address given, under this Act, by the addressee concerned to the person giving or serving the notice, order, direction or other document as the email address for the service of the notice, order, direction or other document; or ( b ) the last email address of the addressee concerned known to the person giving or serving the notice, order, direction or other document. [24/2020]


document_id: eaa-2010
provision_ref: s71
chapter: PART 8 - MISCELLANEOUS
section: 71
title: Amendment of Schedule
content:
71. —(1) Subject to Part 2, the Minister may at any time, by order in the Gazette , amend the Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. (3) All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: eaa-2010
provision_ref: s72
chapter: PART 8 - MISCELLANEOUS
section: 72
title: Regulations
content:
72. —(1) The Council may, with the approval of the Minister, make regulations to give effect to the provisions and purposes of this Act, except Part 7 (Appeals). (2) Without limiting subsection (1), regulations may be made under that subsection for or in respect of all or any of the following matters: ( a ) applications for a licence and for registration, including the form and manner of application, and the particulars, information, and declarations to be provided with such applications; ( b ) particulars to be contained in the register, including the form in which it must be kept and public access to the register; ( c ) requirements for a licence or registration, including minimum ages, educational qualifications, professional examinations, and practical experience; ( d ) professional indemnity insurance for estate agents and salespersons; ( e ) continuing professional education requirements for the renewal of a licence or registration; ( ea ) accreditation of any activities, courses and programmes for continuing professional education for or in respect of estate agents (including persons who are responsible for the management of estate agents) and salespersons; ( f ) codes of practice, ethics and conduct (by whatever name) for estate agents and salespersons; ( g ) conditions or restrictions in relation to other activities or businesses that estate agents or salespersons may engage in; ( h ) the books, accounts and records to be opened and kept by a licensed estate agent, and the manner of keeping them; ( i ) the information and records to be kept by registered salespersons, and the manner of keeping them; ( j ) the particulars or other matters to be included in estate agency agreements, in order to ensure that clients are aware of — (i) the parties, and the rights and obligations conferred on or imposed by any particular such agreement of the parties to it; and (ii) the amount or rate (as the case may be) of any commission or other fee payable by such client under such agreement, and the time and manner of payment; ( k ) the fees and charges payable under this Act, including the interest or penalty for the late payment of any fee or charge, and the waiver, refund or remission, whether wholly or in part, of such fees and charges; ( l ) demerit points schemes, which may include financial penalties to be imposed on estate agents for the acts of their salespersons and other consequences including suspension or revocation; ( m ) the requirements and restrictions on the business names of estate agents, and the use or display of such names; ( n ) the form and manner of the keeping of registers or records under this Act, the inspection thereof, the taking of extracts therefrom, the supply of copies thereof, and the returns to be made to the Council including financial records; ( o ) the use of advertisements by or on behalf of estate agents, or any solicitation or canvassing for business by or on behalf of estate agents, whether by salespersons or otherwise; ( p ) the forms and procedure for Disciplinary Committee proceedings, including the fees payable, the costs that may be awarded, and the records to be kept; ( q ) requirements in relation to the detection and prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions suspected of involving money laundering, proliferation financing or terrorism financing; [Act 15 of 2025 wef 01/07/2025] ( r ) requirements, conditions and restrictions in relation to the receipt, holding, handling and transmission of money by estate agents and salespersons, which may include requirements for separate trust accounts; ( s ) to prescribe all matters and things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Act. [24/2020] (3) Regulations made under subsection (1) — ( a ) may relate to all or any class or description of estate agents or salespersons; ( b ) may make different provisions for different classes or descriptions of estate agents or salespersons; ( c ) may provide that a contravention of any specified provision of the regulations shall be an offence; and ( d ) may provide for penalties not exceeding a fine of $25,000 or imprisonment for a term not exceeding 12 months or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $1,000 for that offence for every day or part of a day during which the offence continues after conviction.


document_id: eaa-2010
provision_ref: s73
chapter: PART 8 - MISCELLANEOUS
section: 73
title: Amendment of references in written law or other documents to estate agents
content:
73. Any reference to a “house agent” within the meaning of the Appraisers and House Agents Act (Cap. 16, 2000 Revised Edition) (in force before 22 October 2010) in any written law or any document is to be construed as a reference to an “estate agent” within the meaning of this Act.


document_id: eca-1953
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title
content:
1. —(1) This Act is the Exchange Control Act 1953. (2) This Act shall continue in force for a period of one year from the date of the coming into force thereof. (3) The Minister may, from time to time, by notification in the Gazette , extend the period of one year mentioned in subsection (2) for such further period or periods as he may think fit.


document_id: eca-1953
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “authorised dealer”, in relation to gold or any foreign currency, means a person for the time being authorised by an order of the Authority to act for the purposes of this Act as an authorised dealer in relation to gold, or, as the case may be, that foreign currency; “Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “authorised depositary” means a person for the time being authorised by an order of the Authority to act as an authorised depositary for the purposes of Part 4; “bank” or “banker” insofar as it relates to a bank or banker in Singapore means any bank licensed under any written law for the time being in force relating to banks; “bearer certificate” means a certificate of title to securities by the delivery of which (with or without endorsement) the title to the securities is transferable; “certificate of title to securities” means any document of title whereby a person recognises the title of another to securities issued or to be issued by the firstmentioned person, and in the case of any such document with coupons (whether attached or on separate coupon sheets) includes any coupons which have not been detached; “coupon” means a coupon representing dividends or interest on a security; “foreign currency” does not include local currency or any currency or notes issued under the law of any part of the scheduled territories but, save as aforesaid, includes any currency and any notes of a class which are or have at any time been legal tender in any territory outside Singapore, and any reference to foreign currency, except so far as the context otherwise requires, includes a reference to any right to receive foreign currency in respect of any credit or balance at a bank; “gold” means gold coin and bullion and includes any gold in whatever state or form other than gold which has been materially increased in value by skilled craftsmanship; “local currency” means currency which is, or has at any time been, legal tender in Singapore but does not include any currency issued by, or under the authority of, the Japanese military authorities; “offence” means an offence under this Act and includes any contravention of or failure to comply with any order, direction, prohibition, restriction, condition or requirement made, given or imposed under powers conferred by this Act; “policy of assurance” means any policy securing the payment of a capital sum or annuity on the occurrence of a specified event which is certain to happen and includes — ( a ) any policy by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life; and ( b ) any policy securing the payment of an immediate annuity, and the reference in this definition to the occurrence of a specified event which is certain to happen includes the occurrence, which is certain to happen, of one of specified events none of which by itself is certain to happen; “prescribed” means prescribed, for the purposes of the provision in question, by order of the Authority; “scheduled territories” means the territories specified in the First Schedule, except that the Authority may at any time by order amend that Schedule, either by the addition or exclusion of territories or otherwise; “secondary securities” has the meaning assigned to it by section 21; “securities” means shares, stocks, bonds, notes (other than promissory notes), debentures, debenture stocks, units under a unit trust scheme and shares in an oil royalty; “specified currency” has the meaning assigned to it by section 4 as extended by section 6; “unit trust scheme” means any arrangements made for the purpose, or having the effect, of providing for persons having funds available for investment, facilities for the participation by them, as beneficiaries under a trust, in profits or income arising from the acquisition, holding, management or disposal of any property whatsoever; “unit” means, in relation to a unit trust scheme, a right or interest (whether described as a unit, as a sub‑unit or otherwise) which may be acquired under the scheme. (2) Any provision of this Act, the effect of which is to prohibit the doing of any act where a person to or by whom the act is to be done or who stands in a specified relation to any property possesses any specified attribute as to residence or otherwise, shall, where the act is done to or by 2 or more persons or, as the case may be, where 2 or more persons stand jointly in that relation to the property, operate to prohibit the doing of that act if any of those persons possess that attribute. (3) Any provision of this Act imposing an obligation on any person to do an act if he possesses any specified attribute as to residence or otherwise shall, in relation to any act which can only be done by 2 or more persons jointly — ( a ) where all those persons possess that attribute, operate to impose a joint obligation on all of them to do the act; and ( b ) where some only of them possess that attribute, operate to impose a separate obligation on each one of them who possesses that attribute to do all he can to secure the doing of the act. (4) Any power conferred by this Act to prescribe the declarations which are to be furnished on any occasion shall include a power to require that the declaration shall be made by specified persons and shall be verified in a specified manner. (5) Nothing in this Act shall be construed as requiring the Authority to pay any sum otherwise than in local currency or otherwise than in Singapore. (6) Any provision of this Act requiring the Authority to pay any sum to any person shall, where that sum is in a specified currency, be construed as a provision that the Authority shall pay to that person the amount in local currency which he would have received for the specified currency if he had sold it to an authorised dealer in pursuance of an offer made under section 4 at the time when that sum is paid. (7) The obligations and prohibitions imposed by this Act shall, subject to the express limitations contained therein, apply to all persons notwithstanding that they are not in Singapore and are not citizens of Singapore.


document_id: eca-1953
provision_ref: s3
chapter: PART 2 - GOLD AND FOREIGN CURRENCY
section: 3
title: Dealings in gold and foreign currency
content:
3. —(1) Except with the permission of the Authority, no person, other than an authorised dealer, shall in Singapore buy or borrow any gold or foreign currency from, or sell or lend any gold or foreign currency to, any person other than an authorised dealer. (2) Except with the permission of the Authority, no person resident in the scheduled territories, other than an authorised dealer, shall in Singapore do any act which involves, is in association with or is preparatory to buying or borrowing any gold or foreign currency from, or selling or lending any gold or foreign currency to, any person outside Singapore. (3) Where a person buys or borrows any gold or foreign currency in Singapore or, being a person resident in the scheduled territories, does any act which involves, is in association with or is preparatory to the buying or borrowing of gold or foreign currency outside Singapore, he shall comply with such conditions as to the use to which it may be put or the period for which it may be retained as may from time to time be notified to him by the Authority.


document_id: eca-1953
provision_ref: s4
chapter: PART 2 - GOLD AND FOREIGN CURRENCY
section: 4
title: Surrender of gold and foreign currency
content:
4. —(1) Every person in Singapore who is entitled to sell, or to procure the sale of, any gold, or any foreign currency to which this section applies, and is not an authorised dealer, shall offer it, or cause it to be offered, for sale to an authorised dealer, unless the Authority consents to his retention and use thereof or he disposes thereof to any other person with the permission of the Authority. (2) The foreign currency to which this section applies is such foreign currency (referred to in this Act as specified currency) as may from time to time be specified by order of the Authority. (3) If a person who has obtained the consent of the Authority to his retention and use of any gold or specified currency, and has stated in an application for the consent that he requires it for a particular purpose, no longer requires the gold or currency for that purpose, subsection (1) shall thereupon apply to him in relation to that gold or currency as if the Authority had revoked its consent to his retention and use thereof. (4) A person who acquires any gold or specified currency from an authorised dealer shall be treated for the purposes of this section as if — ( a ) the Authority had consented to the retention and use by him of that gold or currency (subject, however, to any conditions notified to him in accordance with section 3(3)); and ( b ) any statement made by him in an application for that gold or currency as to the purpose for which he requires it had been made by him in an application for the Authority’s consent to his retention and use thereof. (5) Where a person has become bound under this section to offer or cause to be offered any gold or specified currency for sale to an authorised dealer, he shall not be deemed to comply with that obligation by any offer made or caused to be made by him, if the offer is an offer to sell at a price exceeding that authorised by the Authority, or without payment of any usual and proper charges of the authorised dealer, or otherwise on any unusual terms. (6) Where a person has become bound under this section to offer or cause to be offered any gold or specified currency for sale to an authorised dealer and has not complied with that obligation, the Authority may direct that that gold or currency shall vest in the Authority, and it shall vest in the Authority accordingly free from any mortgage, pledge or charge. (7) The Authority may deal with any gold or specified currency vested in the Authority under subsection (6) as it thinks fit, but the Authority shall pay to the person who would but for the direction be entitled to the gold or currency such sum as he would have received therefor if he had sold it to an authorised dealer in pursuance of an offer made under this section at the time when the vesting occurred. (8) In any proceedings in respect of a failure to comply with this section, it shall be presumed, until the contrary is shown, that the gold or currency in question has not been offered for sale to an authorised dealer.


document_id: eca-1953
provision_ref: s5
chapter: PART 2 - GOLD AND FOREIGN CURRENCY
section: 5
title: Bailees of gold and foreign currency
content:
5. —(1) Every person in Singapore by whom or to whose order (whether directly or indirectly) any gold or any specified currency in the form of notes is held in Singapore but who is not entitled to sell it or procure its sale shall notify the Authority in writing that he so holds that gold or currency. (2) The Authority may direct any person in Singapore by whom or to whose order (whether directly or indirectly) any gold or any specified currency in the form of notes is held in Singapore, whether or not he is entitled to sell it or procure its sale, to cause that gold or currency to be kept at all times in the custody of such banker as may be specified in the direction.


document_id: eca-1953
provision_ref: s6
chapter: PART 2 - GOLD AND FOREIGN CURRENCY
section: 6
title: Travellers’ cheques, etc.
content:
6. —(1) This section shall apply to any document of a kind intended to enable the person to whom the document is issued to obtain foreign currency from some other person on the credit of the person issuing it, and in particular to any traveller’s cheque or other draft or letter of credit so intended. (2) For the purposes of this Act, the person issuing a document to which this section applies, and the person to whom it is issued, shall be deemed respectively to sell and buy foreign currency, and where foreign currency is obtained by means of the document, to sell and buy that foreign currency. (3) Any such document not expressed in terms of sterling or local currency shall, if it is of a kind intended to enable the person to whom it is issued to obtain any specified currency, be treated also for the purposes of this Act as itself being a specified currency. (4) Every person in Singapore who holds or to whose order there is held any document to which this section applies, being a document expressed in terms of sterling or local currency, shall encash it or cause it to be encashed in the scheduled territories with the person issuing it or with a banker, unless the Authority consents to his retention and use thereof and, where in his application for that consent he has stated that he requires it for a particular purpose, unless also he still requires it for that purpose. (5) A person who acquires any document to which subsection (4) applies from an authorised dealer shall be treated for the purposes of that subsection as if — ( a ) the Authority had consented to the retention and use by him of that document (subject, however, to any conditions notified to him in accordance with section 3(3)); and ( b ) any statement made by him in an application for that document as to the purpose for which he requires it had been made by him in an application for the Authority’s consent to his retention and use thereof.


document_id: eca-1953
provision_ref: s7
chapter: PART 3 - PAYMENTS
section: 7
title: Payments in Singapore
content:
7. —(1) Except with the permission of the Authority, no person shall do any of the following things in Singapore: ( a ) make any payment to or for the credit of a person resident outside the scheduled territories; ( b ) make any payment to or for the credit of a person resident in the scheduled territories by order or on behalf of a person resident outside the scheduled territories; ( c ) place any sum to the credit of any person resident outside the scheduled territories. (2) Where a person resident outside the scheduled territories has paid a sum in or towards the satisfaction of a debt due from him, subsection (1)( c ) shall not prohibit the acknowledgement or recording of the payment.


document_id: eca-1953
provision_ref: s8
chapter: PART 3 - PAYMENTS
section: 8
title: Payments outside Singapore
content:
8. —(1) Except with the permission of the Authority, no person shall in Singapore do any act which involves, is in association with or is preparatory to the making of any payment outside Singapore, to or for the credit of a person resident outside the scheduled territories. (2) Nothing in this section shall prohibit the doing of anything otherwise lawful by any person with any foreign currency obtained by him in accordance with the provisions of Part 2 or retained by him in pursuance of a consent of the Authority.


document_id: eca-1953
provision_ref: s9
chapter: PART 3 - PAYMENTS
section: 9
title: Compensation deals
content:
9. —(1) Except with the permission of the Authority, no person shall in Singapore make any payment to or for the credit of a person resident in the scheduled territories, or do any act which involves, is in association with or is preparatory to the making of any such payment outside Singapore, as consideration for or in association with — ( a ) the receipt by any person of a payment made outside the scheduled territories, or the acquisition by any person of property which is outside the scheduled territories; or ( b ) the transfer to any person, or the creation in favour of any person, of a right (whether present or future, and whether vested or contingent) to receive a payment outside the scheduled territories or to acquire property which is outside the scheduled territories. (2) Nothing in this section shall prohibit the making of any payment in accordance with the terms of a permission or consent granted under this Act.


document_id: eca-1953
provision_ref: s10
chapter: PART 4 - SECURITIES
section: 10
title: Issue of securities
content:
10. —(1) Except with the permission of the Authority, no person shall in Singapore issue any security or do any act which involves, is in association with or is preparatory to the issuing outside Singapore of any security which is registered or to be registered in Singapore, unless the following requirements are fulfilled: ( a ) neither the person to whom the security is to be issued nor the person, if any, for whom he is to be a nominee is resident outside the scheduled territories; ( b ) the prescribed evidence is produced to the person issuing the security as to the residence of the person to whom it is to be issued and that of the person, if any, for whom he is to be a nominee. (2) The subscription of the memorandum of association of a company to be formed under the Companies Act 1967 by a person resident outside the scheduled territories, or by a nominee for another person so resident, shall, unless he subscribes the memorandum with the permission of the Authority, be invalid insofar as it would on registration of the memorandum have the effect of making him a member of or shareholder in the company. (3) Subsection (2) shall not render invalid the incorporation of the company referred to in that subsection. (4) If by virtue of subsection (2) the number of the subscribers of the memorandum who on its registration become members of the company is less than the minimum number required to subscribe to the memorandum, the provisions of that Act relating to the carrying on of business of a company the number of whose members is reduced below the legal minimum shall apply to the company as if the number of its members had been so reduced.


document_id: eca-1953
provision_ref: s11
chapter: PART 4 - SECURITIES
section: 11
title: Transfer of securities and coupons
content:
11. —(1) Except with the permission of the Authority, a security registered in Singapore shall not be transferred, and a security not so registered shall not be transferred in Singapore, unless, in either case, the following requirements are fulfilled: ( a ) neither the transferor nor the person, if any, for whom he is a nominee is resident outside the scheduled territories; ( b ) the transferor delivers to the transferee at or before the time of the transfer the prescribed declarations as to his residence and that of the person, if any, for whom he is a nominee; ( c ) neither the transferee nor the person, if any, for whom he is to be a nominee is resident outside the scheduled territories; ( d ) except where the security is registered in Singapore otherwise than in a subsidiary register, the Authority is satisfied that the requirements of paragraph ( c ) are fulfilled. (2) Notwithstanding subsection (1) — ( a ) neither the transferee nor his agent shall be deemed to have committed an offence by reason only that the requirements of subsection (1)( a ) were not fulfilled unless the transferee or, as the case may be, his agent, knew or had reason to believe that those requirements were not fulfilled; and ( b ) neither the transferor nor his agent shall be deemed to have committed an offence by reason only that any of the requirements of subsection (1)( c ) and ( d ) have not been fulfilled unless, in the case of a non-fulfilment of the requirements of subsection (1)( c ), the transferor or, as the case may be, his agent, knew or had reason to believe that those requirements were not fulfilled. (3) Except with the permission of the Authority, a security not registered in Singapore shall not be transferred outside Singapore if either the transferor or the transferee, or the person, if any, for whom the transferor or transferee is or is to be a nominee, is resident in Singapore. (4) Except with the permission of the Authority — ( a ) no coupon shall be transferred in Singapore if either the transferee or the person, if any, for whom he is to be a nominee is resident outside the scheduled territories; and ( b ) no person shall in Singapore do any act which involves, is in association with or is preparatory to the transfer of any coupon outside Singapore if either the transferor or transferee, or the person, if any, for whom the transferor or transferee is or is to be a nominee, is resident in Singapore.


document_id: eca-1953
provision_ref: s12
chapter: PART 4 - SECURITIES
section: 12
title: Issue of bearer certificates and coupons
content:
12. —(1) Except with the permission of the Authority, no person shall in Singapore, issue any bearer certificate or coupon or so alter any document that it becomes a bearer certificate or coupon. (2) No person resident in the scheduled territories shall in Singapore do any act which involves, is in association with or is preparatory to, such issue or alteration outside Singapore.


document_id: eca-1953
provision_ref: s13
chapter: PART 4 - SECURITIES
section: 13
title: Substitution of securities and certificates outside Singapore
content:
13. Except with the permission of the Authority — ( a ) no person in Singapore shall do any act with intent to secure — (i) that a security which is — (A) registered in Singapore; or (B) transferable by means of a bearer certificate in Singapore, becomes, or is replaced by, a security registered outside Singapore or a security transferable by means of a bearer certificate outside Singapore; or (ii) that a certificate of title to any other security, is issued outside Singapore in substitution for or in addition to a certificate of title thereto which is in, or is or has been lost or destroyed in, Singapore; and ( b ) no person resident in the scheduled territories shall in Singapore do any act which involves, is in association with or is preparatory to any such transaction outside Singapore as is referred to in paragraph ( a )(i) or (ii).


document_id: eca-1953
provision_ref: s14
chapter: PART 4 - SECURITIES
section: 14
title: Payment of capital moneys outside Singapore
content:
14. Except with the permission of the Authority — ( a ) no person in Singapore shall do any act with intent to secure that capital moneys payable on a security registered in Singapore are paid outside Singapore, or that, where the certificate of title to a security is in Singapore, capital moneys payable on the security are paid outside Singapore without production of the certificate to the person making the payment; and ( b ) no person resident in the scheduled territories shall in Singapore do any act which involves, is in association with or is preparatory to any such transaction outside Singapore as is referred to in paragraph ( a ).


document_id: eca-1953
provision_ref: s15
chapter: PART 4 - SECURITIES
section: 15
title: Duties of persons keeping registers
content:
15. Except with the permission of the Authority, no person concerned with the keeping of any register in Singapore shall — ( a ) enter in the register the name of any person in relation to any security unless there has been produced to him the prescribed evidence that the entry does not form part of a transaction which involves the doing of anything prohibited by this Act; ( b ) enter in the register, in respect of any security, an address outside the scheduled territories, except for the purpose of any transaction for which the permission of the Authority has been granted with the knowledge that it involved the entry of that address; or ( c ) do any act in relation to the register which recognises or gives effect to any act appearing to him to have been done with such intent as is mentioned in sections 13 and 14, whether done by a person in or resident in Singapore or not.


document_id: eca-1953
provision_ref: s16
chapter: PART 4 - SECURITIES
section: 16
title: Additional provisions as to nominee holdings
content:
16. —(1) Where — ( a ) the holder of a security is a nominee and the person for whom he is a nominee is resident outside the scheduled territories; or ( b ) the holder of a security is not a nominee and is resident outside the scheduled territories, then, except with the permission of the Authority, no person resident in Singapore shall do any act whereby the holder becomes his nominee in respect of the security. (2) Except with the permission of the Authority, a person resident in Singapore for whom the holder of a security is a nominee shall not do any act whereby — ( a ) the holder, being a person resident outside the scheduled territories, holds the security otherwise than as his nominee; or ( b ) the holder, not being a person resident outside the scheduled territories, holds the security as nominee for a person resident outside the scheduled territories. (3) Where the holder of a security is a nominee, then, except with the permission of the Authority, neither he, if he is resident in Singapore, nor any person resident in Singapore through whose agency the exercise of all or any of the holder’s rights in respect of the security are controlled, shall — ( a ) do any act whereby he recognises or gives effect to the substitution of another person as the person from whom he directly receives his instructions unless both the person previously instructing him and the person substituted for that person were, immediately before the substitution, resident in the scheduled territories and not elsewhere; or ( b ) do any act whereby he ceases to be a person bound to give effect to the instructions of another person in relation to the security, unless the person who instructed him is resident in the scheduled territories and not elsewhere. (4) Where the holder of a security is not a nominee and is resident in Singapore, then, except with the permission of the Authority, he shall not do any act whereby he becomes the nominee of another person in respect of the security, unless that other person is resident in the scheduled territories and not elsewhere. (5) No person resident in the scheduled territories shall in Singapore do any act which involves, is in association with or is preparatory to any such transaction outside Singapore as is referred to in this section.


document_id: eca-1953
provision_ref: s17
chapter: PART 4 - SECURITIES
section: 17
title: Deposit of certificates of title
content:
17. —(1) This section and section 18 shall apply to any security except — ( a ) a security which is registered in Singapore otherwise than in a subsidiary register, and on which none of the dividends or interest is payable on presentment of a coupon; and ( b ) any such other securities as may be prescribed. (2) It shall be the duty of every person by whom or to whose order (whether directly or indirectly) a certificate of title is held in Singapore, and of every person resident in Singapore by whom or to whose order (whether directly or indirectly) a certificate of title is held outside Singapore, to cause the certificate of title to be kept at all times, except with the permission of the Authority, in the custody of an authorised depositary. (3) Nothing in this Part shall prohibit the doing of anything for the purpose of complying with the requirements of subsection (2). (4) Except with the permission of the Authority, an authorised depositary shall not part with any certificate of title or coupon required under this section to be in the custody of an authorised depositary. (5) Subsection (4) shall not prohibit an authorised depositary — ( a ) from parting with a certificate of title or coupon to or to the order of another authorised depositary, where the person from whom the other authorised depositary is to receive instructions in relation thereto is to be the same as the person from whom he receives instructions; ( b ) from parting with a certificate of title, for the purpose of obtaining payment of capital moneys payable on the security, to the person entrusted with payment thereof; or ( c ) from parting with a coupon in the ordinary course for collection. (6) Except with the permission of the Authority, no capital moneys, interest or dividends shall be paid in Singapore on any security except to or to the order of an authorised depositary having the custody of the certificate of title to that security. (7) Subsection (6) shall not be taken as restricting the manner in which any sums lawfully paid on account of the capital moneys, interest or dividends may be dealt with by the person receiving them. (8) Except with the permission of the Authority, an authorised depositary shall not do any act whereby he recognises or gives effect to the substitution of one person for another as the person from whom he receives instructions in relation to a certificate of title or coupon, unless there is produced to him the prescribed evidence that he is not by so doing giving effect to any transaction which is prohibited by this Act. (9) Where a certificate of title which under this section should, for the time being, be in the custody of an authorised depositary is not in the custody of an authorised depositary, then, except with the permission of the Authority, no person shall in Singapore buy, sell, transfer, or do anything which affects his rights or powers in relation to the security, or do any act which involves, is in association with or is preparatory to any such transaction outside Singapore. (10) Except with the permission of the Authority, no person in Singapore shall, in the case of a certificate of title with coupons (whether attached or on separate coupon sheets), detach any of the coupons otherwise than in the ordinary course for collection. (11) In this section and section 18 — “certificate of title” means a certificate of title to a security; “coupon” means a coupon representing dividends or interest on a security; “security” means a security to which those sections apply.


document_id: eca-1953
provision_ref: s18
chapter: PART 4 - SECURITIES
section: 18
title: Additional provisions as to deposited certificates
content:
18. —(1) Where a certificate of title to a security is by section 17 required to be and is in the custody of an authorised depositary, this section shall, except so far as the Authority otherwise directs, have effect in relation thereto until — ( a ) there are delivered to him the prescribed declarations as to the ownership of the security and the residence of the owners thereof; and ( b ) in the case of a certificate of title which — (i) would ordinarily be accompanied by coupons (whether attached or on separate coupon sheets); but (ii) when it comes into the custody of the authorised depositary, wants, in order to render it complete, any coupons which would not in the ordinary course have been detached for collection, there have also been deposited with him the coupons so wanting at the time when the certificate of title comes into his custody. (2) Where the declarations under subsection (1)( a ) have been delivered to an authorised depositary and he has parted with the certificate of title, subsection (1)( a ) shall not again apply on the certificate coming into the custody of another authorised depositary or again coming into his own custody. (3) Except with the permission of the Authority, the authorised depositary shall not part with or destroy the certificate of title or any coupons belonging thereto, otherwise than as mentioned in section 17(5)( b ) and ( c ) or do any act whereby he recognises or gives effect to the substitution of one person for another as the person from whom he receives instructions in relation thereto. (4) Where the person from whom an authorised depositary receives instructions in relation to any certificate of title becomes bankrupt in Singapore or dies, subsection (3) shall not prohibit the authorised depositary from recognising the trustee in bankruptcy or personal representative as the person entitled to give instructions in relation to the certificate of title. (5) The authorised depositary shall place any capital moneys, dividends or interest on the security received by him to the credit of the person by virtue of whose authority he received them, but shall not permit any part of the sums received to be dealt with except with the permission of the Authority.


document_id: eca-1953
provision_ref: s19
chapter: PART 4 - SECURITIES
section: 19
title: Special provisions as to dealings in certain securities
content:
19. —(1) The Authority may, if in its opinion there are circumstances rendering it necessary or expedient to do so, by order direct that this section shall apply to such securities as may be prescribed, being securities on which capital moneys, dividends or interest are payable in a specified currency or as respects which the holder has an option to require payment of any capital moneys, dividends or interest thereon in a specified currency. (2) Except with the permission of the Authority, no person shall in Singapore transfer, or do anything which affects his rights or powers in relation to, any security to which this section applies. (3) No person resident in the scheduled territories shall in Singapore do any act which involves, is in association with or is preparatory to any such transaction outside Singapore.


document_id: eca-1953
provision_ref: s20
chapter: PART 4 - SECURITIES
section: 20
title: Validation of certain transfers
content:
20. —(1) The title of any person to a security for which he has given value on a transfer thereof, and the title of all persons claiming through or under him, shall, notwithstanding that the transfer, or any previous transfer, or the issue of the security, was by reason of the residence of any person concerned other than the firstmentioned person prohibited by the provisions of this Act relating to the transfer or issue of securities, be valid unless the firstmentioned person had notice of the facts by reason of which it was prohibited. (2) Without prejudice to subsection (1), the Authority may issue a certificate declaring, in relation to a security, that any acts done before the issue of the certificate purporting to effect the issue or transfer of the security, being acts which were prohibited by this Act, are to be, and are always to have been, as valid as if they had been done with the permission of the Authority, and the acts shall have effect accordingly. (3) Nothing in this section shall affect the liability of any person to prosecution for any offence under this Act.


document_id: eca-1953
provision_ref: s21
chapter: PART 4 - SECURITIES
section: 21
title: Application of this Part to secondary securities
content:
21. —(1) This Part shall apply, with such modifications, if any, as may be prescribed, in relation to any such document as is mentioned in subsection (2), as if the document created, and were the certificate of title to, a security (referred to in this Act as a secondary security). (2) The documents referred to in subsection (1) are — ( a ) any letter of allotment which may be renounced; ( b ) any letter of rights; ( c ) any warrant conferring an option to acquire a security; ( d ) any deposit certificate in respect of securities (but not including a receipt by an authorised depositary for any certificate of title deposited in pursuance of this Part); and ( e ) such other documents conferring, or containing evidence of, rights as may be prescribed.


document_id: eca-1953
provision_ref: s22
chapter: PART 4 - SECURITIES
section: 22
title: Interpretation of this Part
content:
22. —(1) In this Part — “register” includes any book, file or index in which securities are registered; “registered” includes inscribed; “registered in Singapore” and “registered outside Singapore” mean respectively registered in a register in, and registered in a register outside, Singapore; “security which is registered in Singapore otherwise than in a subsidiary register” means a security which either — ( a ) is registered in Singapore and is not and cannot without the necessity for an entry in the register in Singapore, become registered outside; or ( b ) is registered both in Singapore and outside but on a transfer cannot, without the necessity for an entry in the register in Singapore, become registered outside in the name of the transferee. (2) For the purposes of any provision of this Part prohibiting the transfer of securities, a person shall be deemed to transfer a security if he executes any instrument of transfer thereof, whether effective or not, and shall be deemed to transfer it at the place where he executes the instrument. (3) References in this Part to the person holding a certificate of title or coupon shall be construed as references to the person having physical custody of the certificate of title or coupon. (4) Where the certificate of title or coupon referred to in subsection (3) is deposited with any person in a locked or sealed receptacle from which he is not entitled to remove it without the authority of some other person, that other person shall be deemed for the purposes of this Part to have the physical custody thereof. (5) In this Part, “holder” — ( a ) in relation to a security transferable by means of a bearer certificate or to a coupon, includes the person holding the certificate or coupon; and ( b ) in relation to a security which is registered in the name of a deceased person, or of any person who, by reason of bankruptcy, mental disorder or any other disability, is incapable of transferring the security, means the personal representative, trustee in bankruptcy or other person entitled to transfer the security. [21/2008] (6) The holder of a security or coupon shall be deemed for the purposes of this Part to be a nominee in respect thereof if, as respects the exercise of any rights in respect thereof, he is not entitled to exercise those rights except in accordance with instructions given by some other person. (7) References in this Part to the person for whom the holder of a security or coupon is a nominee shall be construed as references to the person who is entitled to give instructions, either directly or through the agency of one or more persons, as to the exercise of any rights in respect of the security or coupon and is not in so doing himself under a duty to comply with instructions given by some other person. (8) A person shall not by reason only that he has a controlling interest in a body corporate be deemed for the purposes of subsection (6) to be entitled to give instructions to that body corporate as to the exercise of rights in respect of any security or coupon of which it is the holder. (9) A person shall not be deemed to hold a security or coupon as a nominee by reason only that he holds it as trustee if he is entitled to transfer the security or coupon without permission from any other person. (10) A certificate of title shall not for the purposes of this Part be treated as in the custody of an authorised depositary if either — ( a ) the depositary has no notice of the nature of the certificate; or ( b ) the certificate is deposited with him in a locked or sealed receptacle from which he is not entitled to remove it without the authority of some other person. (11) Where a certificate of title outside Singapore is by this Part required to be kept in the custody of an authorised depositary, it shall be deemed to be in the custody of an authorised depositary if — ( a ) by his direction or with his assent it is in the custody of some other person who holds it on behalf of and to the order of the authorised depositary; and ( b ) the certificate is not deposited with that other person in a locked or sealed receptacle from which he is not entitled to remove it without the authority of a person other than himself. (12) Where a certificate of title is by virtue of subsection (11) deemed to be in the custody of an authorised depositary, references in this Part to the depositary parting with the certificate or a coupon belonging thereto shall be construed as references to his permitting the person having the actual custody thereof to part with it otherwise than to the depositary, and references to his destroying the certificate or such a coupon shall be construed as references to his permitting it to be destroyed.


document_id: eca-1953
provision_ref: s23
chapter: PART 5 - IMPORT AND EXPORT
section: 23
title: Restrictions on import
content:
23. —(1) Except with the permission of the Authority, no person shall import into Singapore — ( a ) such notes as may be specified by order of the Authority, being notes issued by a bank or notes of a class which are or have at any time been legal tender in any territory; ( b ) any Treasury bills; or ( c ) any certificate of title to any security, including any such certificate which has been cancelled, and any document certifying the destruction, loss or cancellation of any certificate of title to a security. (2) In this section and section 24, “note” includes part of a note, “security” includes a secondary security and “coupon” shall be construed in accordance with the meaning of “security”.


document_id: eca-1953
provision_ref: s24
chapter: PART 5 - IMPORT AND EXPORT
section: 24
title: General restrictions on export
content:
24. Except with the permission of the Authority, no person shall export from Singapore — ( a ) any postal orders; ( b ) any Treasury bills; ( c ) any gold; ( d ) any of the following documents (including any such document which has been cancelled): (i) any certificate of title to a security and any coupon; (ii) any policy of assurance; (iii) any bill of exchange or promissory note expressed in terms of a currency other than that of a scheduled territory and payable otherwise than within the scheduled territories; (iv) any document to which section 6 applies not issued by an authorised dealer or in pursuance of a permission granted by the Authority; ( e ) any document certifying the destruction, loss or cancellation of any of the documents referred to in paragraph ( d ); or ( f ) any such articles exported on the person of a traveller or in a traveller’s baggage as may be prescribed.


document_id: eca-1953
provision_ref: s25
chapter: PART 5 - IMPORT AND EXPORT
section: 25
title: Payment for exports
content:
25. —(1) Except with the permission of the Authority, no person shall export any goods of any class or description from Singapore to a destination in such territory as may be prescribed unless the Authority is satisfied — ( a ) that payment for the goods has been made to a person resident in Singapore in such manner as may be prescribed in relation to goods of that class or description exported to a destination in that territory, or is to be so made not later than 6 months after the date of exportation; and ( b ) that the amount of the payment that has been made or is to be made is such as to represent a return for the goods which is in all the circumstances in accordance with the objects of this Act. (2) The Authority may direct that, in cases to which the direction applies, subsection (1)( a ) shall have effect as if for the reference to 6 months there were substituted a reference to such longer or shorter period as may be specified in the direction, or as if the words “or is to be so made not later than 6 months after the date of exportation” were omitted. (3) For the purpose of satisfying itself in the case of any goods as to the matters specified in subsections (1) and (2), the Authority may require the person making entry of the goods for export to deliver to such officer as it may authorise in that behalf together with the entry such declarations signed by such persons as it may require, and where any such declaration has been so required the goods shall not be exported until it has been so delivered. (4) Where the Authority is not satisfied in the case of any goods as to the matters specified in subsection (1)( b ), it shall give its reasons to the person making entry of the goods for export and shall take into consideration any representations made by him. (5) Any reference in this section to the destination of any goods includes a reference to the ultimate destination thereof. (6) In this section, “making entry of the goods for export” means furnishing to the Enterprise Singapore Board established by the Enterprise Singapore Board Act 2018 any such document as may be required by regulations made under section 3(2)( b )(i) of the Regulation of Imports and Exports Act 1995 and “entry” shall be construed accordingly. [10/2018]


document_id: eca-1953
provision_ref: s26
chapter: PART 6 - MISCELLANEOUS
section: 26
title: Duty to collect certain debts
content:
26. —(1) Except with the permission of the Authority, no person resident in Singapore who has a right (whether present or future and whether vested or contingent) to receive any specified currency, or to receive from a person resident outside the scheduled territories a payment in sterling or local currency, shall in Singapore do, or refrain from doing, any act with intent to secure or shall do any act which involves, is in association with or is preparatory to any transaction securing — ( a ) that the receipt by him of the whole or part of that currency or, as the case may be, of that payment in sterling or local currency, is delayed; or ( b ) that the currency or payment ceases, in whole or in part, to be receivable by him. (2) Nothing in subsection (1) shall, unless the Authority otherwise directs — ( a ) impose on any person any obligation, in relation to any debt arising in the carrying on of any trade or business, to procure the payment thereof at an earlier time than is customary in the course of that trade or business; or ( b ) prohibit any transfer to a person resident in Singapore and not elsewhere of any right to receive any specified currency or payment in sterling or local currency. (3) Where a person has contravened subsection (1) in relation to any specified currency or payment in sterling or local currency, the Authority may — ( a ) give to him or to any other person who appears to the Authority to be in a position to give effect thereto such directions as appear to the Authority to be expedient for the purpose of obtaining or expediting the receipt of the currency or payment in question; and ( b ) without prejudice to the generality of paragraph ( a ), direct that there shall be assigned to the Authority, or to such person as may be specified in the directions, the right to receive the currency or payment or enforce any security for the receipt thereof.


document_id: eca-1953
provision_ref: s27
chapter: PART 6 - MISCELLANEOUS
section: 27
title: Duty not to delay sale or importation of goods
content:
27. —(1) Where — ( a ) any permission or consent has been granted under this Act, or under any corresponding provision of the law in force in any territory comprised in the scheduled territories, subject to a condition providing that, or on the faith of an application stating an intention that, any goods should be sold outside the scheduled territories; ( b ) any statement or declaration has been made under any provision of this Act or any such corresponding provision as aforesaid that any goods are to be sold outside the scheduled territories; or ( c ) any currency has been obtained in, or by any person resident in, the scheduled territories on the faith of an application stating an intention that any goods should be sold outside the scheduled territories, then, except with the permission of the Authority, no person who is entitled to sell or procure the sale of those goods shall in Singapore do, or refrain from doing, any act with intent to secure or shall do any act which involves, is in association with or is preparatory to any transaction securing — ( d ) that the sale is delayed to an extent which is unreasonable having regard to the ordinary course of trade; or ( e ) that, on the sale, any payment made for the goods is not made in the manner indicated by the condition, statement or declaration, as the case may be. (2) Where — ( a ) any permission or consent has been granted under this Act, or under any corresponding provisions of the law in force in any territory comprised in the scheduled territories, subject to a condition providing that, or on the faith of an application stating an intention that, any goods should be imported from outside the scheduled territories into any part of the scheduled territories; or ( b ) any currency has been obtained in, or by any person resident in, the scheduled territories on the faith of an application stating an intention that any goods should be so imported, then, except with the permission of the Authority, no person who is entitled to procure the importation of those goods shall in Singapore do, or refrain from doing, any act with intent to secure that the importation thereof is delayed to an extent which is unreasonable having regard to the ordinary course of trade. (3) Where in any such case as is specified in subsection (1)( a ), ( b ) or ( c ) or (2)( a ) or ( b ) — ( a ) the goods have not been sold or imported as indicated by the condition, statement or declaration within the time thereby indicated or, if no time is thereby indicated, a reasonable time, or (in either case) within such further time as may be allowed by the Authority; or ( b ) it appears to the Authority that the goods cannot be sold or imported as indicated by the condition, statement or declaration, the Authority may give to any person who appears to it to be in a position to give effect thereto such directions as appear to it to be expedient as to the manner in which the goods are to be dealt with. (4) Without prejudice to the generality of subsection (3), the power conferred thereby on the Authority to give directions shall extend to the giving of directions that the goods shall be assigned to the Authority or to a person specified in the directions. (5) The powers conferred by subsections (3) and (4) in relation to any goods shall extend to the giving of directions with respect to any goods produced or manufactured therefrom, and, where goods to be sold outside the scheduled territories or to be imported were to be produced or manufactured from other goods, to the giving of directions with respect to those other goods and any goods produced or manufactured from those other goods.


document_id: eca-1953
provision_ref: s28
chapter: PART 6 - MISCELLANEOUS
section: 28
title: Property obtained by infringement of this Act
content:
28. —(1) Where a person — ( a ) has made any payment which is prohibited by this Act; or ( b ) being bound under this Act to offer or cause to be offered any specified currency to an authorised dealer, has otherwise disposed of that currency, the Authority may direct him to sell or procure the sale of any property which he is entitled to sell or of which he is entitled to procure the sale, being property which represents, whether directly or indirectly, that payment or that specified currency, as the case may be, and may by the same or a subsequent direction specify the manner in which, the persons to whom and the terms on which the property is to be sold. (2) Without prejudice to the generality of subsection (1), the power conferred thereby on the Authority to give directions shall extend to the giving of directions that the property shall be assigned to the Authority or to a person specified in the directions.


document_id: eca-1953
provision_ref: s29
chapter: PART 6 - MISCELLANEOUS
section: 29
title: Provisions supplemental to preceding provisions of this Part
content:
29. —(1) Where under this Part the Authority has power to give directions that any right to receive any currency or payment in sterling or local currency or to enforce any security for the receipt thereof, any goods, or any other property shall be assigned to the Authority, the Authority shall also have power to direct that the right, goods or property shall vest in the Authority and it or they shall vest in the Authority accordingly free from any mortgage, pledge or charge, and the Authority may deal with it or them as the Authority thinks fit. (2) Where, in pursuance of directions under this Part, any right, goods or property is or are assigned to the Authority or to a person specified in the directions, or any right, goods or property vests or vest in the Authority in pursuance of directions given under subsection (1), the Authority shall pay the net sum recovered by it in respect of the right, goods or property to the person making the assignment or, in the case of any right, goods or property vested in the Authority under subsection (1), to the person who, but for the directions, would be entitled to the right, goods or property.


document_id: eca-1953
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS
section: 30
title: Transfer of annuities, policies, etc.
content:
30. —(1) Except with the permission of the Authority, no person resident in the scheduled territories shall in Singapore transfer to a person resident outside the scheduled territories, or who is to be a nominee for a person resident outside the scheduled territories, any right to the sums assured by any policy of assurance, so, however, that where the person liable for the sums so assured makes any payment thereof to a person resident in the scheduled territories and not elsewhere, or makes, with the permission of the Authority, any payment thereof to any other person — ( a ) he shall not be bound to inquire as to the residence of any person other than the person to whom, and (if it is not the same person) the person to whose order the payment is made; and ( b ) the payment shall, to the extent of the sums paid, discharge him from his liability under the policy, notwithstanding that the payment is made to or to the order of a person who was not entitled thereto otherwise than by virtue of a transfer prohibited by this subsection. (2) Section 20(2) and (3) shall apply in relation to any transfer prohibited by this section as it applies in relation to a transfer prohibited by this Act of a security. (3) In this section, “nominee” has, in relation to any policy, annuity or insurance, the same meaning as that expression has in Part 4 in relation to a security.


document_id: eca-1953
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS
section: 31
title: Settlements
content:
31. —(1) Except with the permission of the Authority, no person resident in the scheduled territories shall in Singapore — ( a ) settle any property, otherwise than by will, so as to confer an interest in the property on a person who, at the time of the settlement, is resident outside the scheduled territories; or ( b ) exercise, otherwise than by will, any power of appointment, whether created by will or otherwise, in favour of a person who, at the time of the exercise of the power, is resident outside the scheduled territories. (2) A settlement or exercise of a power of appointment shall not be invalid by reason that it is prohibited by this section, except so far as it purports to confer any interest on any person who, at the time of the settlement or the exercise of the power, is resident outside the scheduled territories. (3) Section 20(2) and (3) shall apply in relation to a settlement or the exercise of a power of appointment prohibited by this section as it applies in relation to a transfer prohibited by this Act of a security. (4) For the purpose of this section — ( a ) any reference to settling property includes a reference to the making of any disposition, covenant, agreement or arrangement whereby the property becomes subject to a trust, or (in the case of a resettlement) to a different trust; ( b ) a person shall be deemed to have an interest in property if he has any beneficial interest therein, whether present or future, and whether vested or contingent, or falls within a limited class of persons in whose favour a discretion or power in respect of the property is exercisable; and ( c ) the expression “will” includes any testamentary disposition. (5) No person resident in the scheduled territories shall in Singapore do any act which involves, is in association with or is preparatory to any such transaction outside Singapore as is referred to in this section.


document_id: eca-1953
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS
section: 32
title: Companies
content:
32. —(1) Where there is served on any person in Singapore a notice in writing that the Authority wishes any such requirements as are hereinafter mentioned to be complied with by any such body corporate as is specified in the Second Schedule (referred to in this subsection as a foreign company), and that person can, by doing or refraining from doing any act — ( a ) cause the foreign company to comply with any of the requirements; ( b ) remove any obstacle to the foreign company complying with any of the requirements; or ( c ) render it in any respect more probable that the foreign company will comply with any of the requirements, then, except so far as permission to the contrary may be given by the Authority, that person shall do, or, as the case may be, refrain from doing, that act. (2) The requirements with respect to which a notice referred to in subsection (1) may be given are as follows, that is to say, that the foreign company shall: ( a ) furnish to the Authority such particulars as to its assets and business as may be mentioned in the notice; ( b ) sell or procure the sale to an authorised dealer of any gold or specified currency mentioned in the notice, being gold or specified currency which it is entitled to sell or of which it is entitled to procure the sale; ( c ) declare and pay such dividend as may be mentioned in the notice; ( d ) realise any of its assets mentioned in the notice in such manner as may be so mentioned; and ( e ) refrain from selling, transferring, or doing anything which affects its rights or powers in relation to, any such Treasury bills or securities as may be mentioned in the notice. (3) Except with the permission of the Authority, no person resident in the scheduled territories shall in Singapore do any act whereby a body corporate which is by any means controlled (whether directly or indirectly) by persons resident in the scheduled territories ceases to be controlled by persons resident in the scheduled territories. (4) Subsection (3) shall not prohibit any person from selling any securities authorised to be dealt in on any recognised stock exchange in Singapore if the sale takes place in pursuance of an agreement entered into in the ordinary course of business on that stock exchange. (5) No person resident in the scheduled territories shall in Singapore do any act which involves, is in association with or is preparatory to any such transaction outside Singapore as is referred to in subsection (3). (6) Except with the permission of the Authority, no person resident in the scheduled territories shall in Singapore lend any money, Treasury bills or securities to any body corporate resident in the scheduled territories which is by any means controlled (whether directly or indirectly) by persons resident outside the scheduled territories. (7) Subsection (6) shall not apply where the lender, after making such inquiries as are reasonable in the circumstances of the case, does not know and has no reason to suspect that the body corporate is controlled as referred to in subsection (3). (8) No person resident in the scheduled territories shall in Singapore do any act which involves, is in association with or is preparatory to any such transaction outside Singapore as is referred to in subsection (6). (9) For the purposes of this section and of the Second Schedule, persons resident in or outside the scheduled territories shall be deemed to control a body corporate notwithstanding that other persons are associated with them in the control thereof if they can together override those other persons. (10) In this section, “security” includes a secondary security.


document_id: eca-1953
provision_ref: s33
chapter: PART 7 - SUPPLEMENTAL
section: 33
title: Exemptions
content:
33. —(1) Any provision of this Act imposing any obligation or prohibition shall have effect subject to such exemptions as may be granted by order of the Authority. (2) Any such exemption may be either absolute or conditional.


document_id: eca-1953
provision_ref: s34
chapter: PART 7 - SUPPLEMENTAL
section: 34
title: Blocked accounts
content:
34. —(1) Where — ( a ) under any provision contained in Part 3 the permission of the Authority is required for the making of a payment or the placing of any sum to the credit of any person resident outside the scheduled territories; or ( b ) any payment falls to be made by an authorised dealer on the sale of any gold or specified currency by any foreign company within the meaning of section 32(1), being a sale made to comply with any requirement notified under that section, the Authority may direct that the sum payable or to be credited shall be paid or credited to a blocked account only. (2) Where a direction is given under subsection (1), the provisions of the Third Schedule shall have effect in relation to the payment or crediting of the sum.


document_id: eca-1953
provision_ref: s35
chapter: PART 7 - SUPPLEMENTAL
section: 35
title: Contracts, legal proceedings, etc.
content:
35. —(1) It shall be an implied condition in any contract that, where, by virtue of this Act, the permission or consent of the Authority is at the time of the contract required for the performance of any term thereof, that term shall not be performed except insofar as the permission or consent is given or is not required. (2) Subsection (1) shall not apply insofar as it is shown to be inconsistent with the intention of the parties that it should apply, whether by reason of their having contemplated the performance of that term despite the provisions of this Act or for any other reason. (3) Notwithstanding anything in the Bills of Exchange Act 1949, neither the provisions of this Act, nor any condition, whether express or to be implied having regard to those provisions, that any payment shall not be made without the permission of the Authority under this Act, shall be deemed to prevent any instrument being a bill of exchange or promissory note. (4) The provisions of the Fourth Schedule shall have effect with respect to legal proceedings, arbitrations, bankruptcy proceedings, the administration of the estates of deceased persons, the winding up of companies, and proceedings under deeds of arrangement or trust deeds for the benefit of creditors.


document_id: eca-1953
provision_ref: s36
chapter: PART 7 - SUPPLEMENTAL
section: 36
title: Enforcement and administration
content:
36. —(1) The provisions of the Fifth Schedule shall have effect for the purpose of the enforcement of this Act. (2) Persons belonging to the following classes: ( a ) bankers, authorised dealers, authorised depositaries; ( b ) persons to whom any powers of the competent authority under this Act are delegated; ( c ) persons who with the permission of the competent authority are in possession of documents which would, but for the permission, have to be in the custody of an authorised depositary; ( d ) persons concerned with the keeping of any register in Singapore; ( e ) persons entrusted with the payment of capital moneys, dividends or interest in Singapore, shall comply with such directions as may be given to them respectively by the Authority, being — ( f ) in the case of any such persons, directions as respects the exercise of any functions exercisable by them by virtue of, or by virtue of anything done under, any provision of this Act; or ( g ) in the case of authorised dealers, such directions or directions as to the terms on which they are to accept gold or foreign currency or directions requiring them to offer their gold or specified currency for sale to the Authority on such terms as may be specified in any such directions.


document_id: eca-1953
provision_ref: s37
chapter: PART 7 - SUPPLEMENTAL
section: 37
title: Application to Government
content:
37. —(1) This Act shall bind the Government and shall apply to transactions by — ( a ) a department of the Government; or ( b ) any person acting on behalf of the Government. (2) The Authority shall not, by virtue of any contract made by the department or person referred to in subsection (1) or on their behalf in relation to any securities, be under any obligation to grant any permission under Part 4 or any exemption from the provisions of that Part.


document_id: eca-1953
provision_ref: s38
chapter: PART 7 - SUPPLEMENTAL
section: 38
title: Other powers
content:
38. —(1) Any permission, consent or authority granted under this Act — ( a ) may be either general or special; ( b ) may be revoked by the Authority; ( c ) may be absolute or conditional; ( d ) may be limited so as to expire on a specified date unless renewed; and ( e ) shall be published in such a way as, in the opinion of the Authority, to give any person entitled to the benefit of it an adequate opportunity of getting to know of it, unless in his opinion publication is not necessary for that purpose. (2) Any directions given under any provision of this Act — ( a ) may be either general or special; ( b ) may be revoked or varied by subsequent directions; and ( c ) shall be given to such persons and in such manner as the Authority thinks appropriate, and if so given shall be valid for all purposes. (3) Notwithstanding subsection (2)( c ), a person shall not by virtue of any direction given by the Authority under this Act, be convicted of an offence under this Act, unless the direction was served on him or he knew, or avoided getting to know, of the giving thereof. (4) Where reasonable steps were taken for the purpose of bringing the purport of the direction to the notice of the person under subsection (3), it shall be for him to show that he neither knew nor avoided getting to know of the giving thereof. (5) The Authority may, to such extent and subject to such restrictions and conditions as it may think proper, delegate or authorise the delegation of any of its powers (other than any power to make orders or to give authority to apply for a search warrant) to any person, or class or description of persons, approved by it, and references in this Act shall be construed accordingly. (6) Any document stating that any permission, consent, authority or direction is given under any of the provisions of this Act by the Authority, and purporting to be signed on its behalf, shall be evidence of the facts stated in the document.


document_id: eca-1953
provision_ref: s39
chapter: PART 7 - SUPPLEMENTAL
section: 39
title: Financial provisions
content:
39. Subject to the provisions of any written law, any expenses incurred under this Act shall be paid by the Authority and any sums received under this Act shall be paid to the Authority.


document_id: eca-1953
provision_ref: s40
chapter: PART 7 - SUPPLEMENTAL
section: 40
title: Branches
content:
40. —(1) The Authority may by order or direction provide that, for such of the purposes of this Act as may be specified in the order or direction — ( a ) any transaction with or by a branch of any business, whether carried on by a body corporate or otherwise, shall be treated in all respects as if the branch were a body corporate resident where the branch is situated; ( b ) the making of any book entry or other statement recording a debit against a branch of any business in favour of any other branch of that business, shall be treated as a payment to that other branch; and ( c ) any property held by or on behalf of the person carrying on the business shall be deemed to be held by such of the branches of the business as may be determined in accordance with the order or direction. (2) Any order or direction under subsection (1)( c ) which makes, for any of the purposes of Part 4, such provision as is mentioned in subsection (1)( c ) may contain provisions declaring the circumstances in which a branch is to be treated as nominee for any other branch. (3) Any reference in subsection (1) or (unless the contrary intention appears) in any order or direction made thereunder to a branch of a business shall be deemed to include a reference to the head office of that business. (4) This section shall apply in relation to any body of persons (whether corporate or unincorporated) carrying on any activity, whether for the purpose of profit or not, as they apply in relation to a business.


document_id: eca-1953
provision_ref: s41
chapter: PART 7 - SUPPLEMENTAL
section: 41
title: Persons leaving scheduled territories
content:
41. Where a person resident in Singapore leaves the scheduled territories, the Authority may, before, at or after the time he leaves the scheduled territories, direct that, for such period as may be specified in the direction, payments by him or on his behalf and to him or to his credit and transactions in or in relation to Treasury bills, securities or secondary securities in which he is in any way concerned shall, whether or not he continues to be resident in Singapore, be subject to such restrictions as may be specified in the direction.


document_id: eca-1953
provision_ref: s42
chapter: PART 7 - SUPPLEMENTAL
section: 42
title: Determination of residence
content:
42. —(1) For the purposes of this Act, a personal representative of a deceased person shall, unless the Authority otherwise directs, be treated as resident in the territory where the deceased person was resident for the purposes in question at the time of his death and as not resident elsewhere, so far as relates to any matters in which the personal representative is concerned solely in his capacity as such. (2) The Authority may give directions declaring that for all or any of the purposes of this Act a person is to be treated as resident or not resident in such territories as may be specified in the directions.


document_id: eca-1953
provision_ref: s43
chapter: PART 7 - SUPPLEMENTAL
section: 43
title:
Authority may prohibit carrying out of certain orders by governments of, or residents in, other countries

content:
43. —(1) Where the Authority is satisfied that owing to the changes in the external or internal position of any country or territory, action is being, or is likely to be, taken to the detriment of the economic position of Singapore, the Authority may give general or special directions prohibiting, either absolutely or to such extent as may be specified in the directions, the carrying out, except with permission granted by the Authority, of any order given by or on behalf of the government of that country or territory or any person resident therein at the time when the directions were given or at any later time while these directions are in force insofar as the order — ( a ) requires the person to whom the order is given to make any payment or to part with any gold or securities; or ( b ) requires any change to be made in the persons to whose credit any sum is to stand or to whose order any gold or securities are to be held. (2) Where any directions are given under this section with respect to any country or territory, a branch in that country or territory of any business, whether carried on by a body corporate or otherwise, shall, for the purposes of this section, be treated in all respects as if the branch were a body corporate resident in that country or territory. 44. [ Repealed by Act 38 of 2002 ]


document_id: eca-1953
provision_ref: s45
chapter: PART 7 - SUPPLEMENTAL
section: 45
title: Regulations
content:
45. —(1) The Authority may make such regulations as may be necessary for the better carrying out or giving effect to the provisions of this Act. (2) All such regulations shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication, but shall not continue in force thereafter unless approved by resolution of Parliament. (3) In approving any such regulations Parliament may make such alterations therein as it may think fit.


document_id: eca-2012
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agency” means the National Environment Agency established by the National Environment Agency Act 2002; “airport service operator” means — ( a ) a person operating an airport under an airport licence or an exemption granted under the Civil Aviation Authority of Singapore Act 2009; or ( b ) a person providing any service or facility for an aircraft’s arrival at or departure from any airport referred to in paragraph ( a ), including any of the following: (i) the storing, processing and handling of cargo carried, or to be carried, by an aircraft; (ii) the provision of fuel for, and refuelling of, an aircraft; (iii) flight catering services and facilities; (iv) the check-in and screening of aircraft passengers, including services for baggage handling and screening; “authorised officer” means an officer appointed by the Director‑General under section 6(2) to be an authorised officer; “Civil Aviation Authority” means the Civil Aviation Authority of Singapore reconstituted by the Civil Aviation Authority of Singapore Act 2009; “corporation” and “related corporation” have the meanings given by the Companies Act 1967; “Director-General” means the Director-General of Environmental Protection appointed under the Environmental Protection and Management Act 1999; “energy use threshold” means the level of energy consumption specified in an order under section 22 or 45, expressed in terms of — ( a ) the total of all types of energy consumed; ( b ) a particular type of energy consumed; or ( c ) the aggregate of 2 or more different types of energy consumed; “greenhouse gas” means any of the following: ( a ) carbon dioxide; ( b ) methane; ( c ) nitrous oxide; ( d ) sulphur hexafluoride; ( e ) nitrogen trifluoride; ( f ) a hydrofluorocarbon of a kind prescribed in regulations; ( g ) a perfluorocarbon of a kind prescribed in regulations; ( h ) any other substance prescribed as a greenhouse gas for the purposes of this Act; “Land Transport Authority” means the Land Transport Authority of Singapore established by the Land Transport Authority of Singapore Act 1995; “land transport operator” means a person operating — ( a ) a bus service under a Class 1 bus service licence granted under the Bus Services Industry Act 2015; ( b ) a rapid transit system within the meaning of the Rapid Transit Systems Act 1995; ( c ) a fleet of motor vehicles classified as taxis under the Second Schedule to the Road Traffic Act 1961; or ( d ) a fleet of motor vehicles as part of a business activity of passenger transport or freight transport; “Maritime and Port Authority” means the Maritime and Port Authority of Singapore established by the Maritime and Port Authority of Singapore Act 1996; “Minister”, except in Part 4, means the Minister charged with the responsibility for the environment and water resources; “motor vehicle” means a vehicle that consumes electricity or fuel; “port service operator” means a person providing any marine service or facility or port service or facility under a public licence or an exemption granted under the Maritime and Port Authority of Singapore Act 1996; “premises” means any building, plant, workplace or other premises at which electricity, fuel or any other form of energy is consumed; “Registrar” has the meaning given by the Road Traffic Act 1961; “sector regulator” means the applicable regulator responsible for the administration of the provisions of this Act, determined in accordance with section 7; “Transport Minister” means the Minister charged with the responsibility for transport; “transport sector authorised officer” means an officer appointed under section 7(1)( a ), (2)( a ) or (3)( a ) by a sector regulator to be a transport sector authorised officer; “workplace” has the meaning given by section 5 of the Workplace Safety and Health Act 2006. [30/2015]


document_id: eca-2012
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “business activity”
content:
3. —(1) A business activity is an activity, or a series of activities (including ancillary activities) — ( a ) that involves the emission of greenhouse gas, the production of energy or the consumption of energy; and ( b ) that forms a single undertaking or enterprise. (2) For the purposes of subsection (1)( b ), the activity or activities constituting the undertaking or enterprise must not be attributable to more than one industry sector. (3) The Minister may make regulations to prescribe — ( a ) the circumstances in which an activity or activities (including ancillary activities) will form part of a single undertaking or enterprise; and ( b ) activities which are attributable to particular industry sectors.


document_id: eca-2012
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “operational control”
content:
4. —(1) A corporation has operational control over a business activity (including a business activity carried out wholly or partly by a related corporation of that corporation) if it has the authority to introduce and implement all or any of the following for the business activity: ( a ) operating policies; ( b ) health and safety policies; ( c ) environmental policies. (2) A corporation has operational control over premises (whether or not the premises are owned by the corporation) if it has the authority to do one or both of the following for the premises: ( a ) incur capital expenditure on the construction of any building or infrastructure on the premises; ( b ) carry out capacity expansion or other infrastructure enhancement of the premises. (3) For the purposes of this Act, only one such corporation can have operational control over a business activity or premises at any one time. (4) If more than one corporation satisfies subsection (1) at any one time, then the corporation that has the greatest authority to introduce and implement the policies mentioned in subsection (1)( a ) and ( c ) is taken, for the purposes of this Act, to have operational control over the business activity. (5) If more than one corporation satisfies subsection (2) at any one time, then the corporation that has the greatest authority to carry out subsection (2)( b ) is taken, for the purposes of this Act, to have operational control over the premises.


document_id: eca-2012
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Application of Act to Government
content:
5. —(1) Except as provided in subsection (2), this Act binds the Government. (2) Nothing in this Act renders the Government liable to prosecution for an offence. (3) To avoid doubt, a person is not immune from prosecution for any offence under this Act by reason that the person is engaged to provide services to the Government.


document_id: eca-2012
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Director-General and appointment of authorised officers
content:
6. —(1) The Director‑General is, subject to any general or special directions of the Minister, responsible for the administration of this Act (except Part 4), and may perform the duties that are imposed and exercise the powers that are conferred upon the Director‑General by this Act. (2) The Director‑General may appoint, by name or office, any public officer, any officer or employee of the Agency or any auxiliary police officer appointed as such under the Police Force Act 2004 to be an authorised officer to assist the Director‑General in the administration of this Act. (3) The Director‑General may, with the Minister’s approval, delegate the exercise of all or any of the powers conferred or duties imposed on the Director‑General by this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to any conditions or limitations that the Director‑General may specify.


document_id: eca-2012
provision_ref: s7
chapter: PART 2 - ADMINISTRATION
section: 7
title: Sector regulators and appointment of transport sector authorised officers
content:
7. —(1) The Land Transport Authority is, subject to any general or special directions of the Transport Minister, responsible for the administration of the provisions of this Act relating to fuel economy labelling of motor vehicles and the provisions of this Act as they apply to any land transport operator, and may — ( a ) appoint, by name or office, any officer or employee of the Land Transport Authority or any auxiliary police officer appointed as such under the Police Force Act 2004 to be a transport sector authorised officer for the purposes of this Act in relation to those matters; ( b ) perform the duties that are imposed and exercise the powers that are conferred upon the Land Transport Authority by this Act in relation to those matters; and ( c ) subject to any conditions or restrictions that the Land Transport Authority may specify, delegate the exercise of all or any of the powers conferred or duties imposed on the Land Transport Authority by or under this Act in relation to those matters (except the power of delegation conferred by this paragraph) to any transport sector authorised officer appointed by it under paragraph ( a ). (2) The Maritime and Port Authority is, subject to any general or special directions of the Transport Minister, responsible for the administration of the provisions of this Act as they apply to any port service operator, and may — ( a ) appoint, by name or office, any officer or employee of the Maritime and Port Authority or any auxiliary police officer appointed as such under the Police Force Act 2004 to be a transport sector authorised officer for the purposes of this Act in relation to those matters; ( b ) perform the duties that are imposed and exercise the powers that are conferred upon the Maritime and Port Authority by this Act in relation to those matters; and ( c ) subject to any conditions or restrictions that the Maritime and Port Authority may specify, delegate the exercise of all or any of the powers conferred or duties imposed on the Maritime and Port Authority by or under this Act in relation to those matters (except the power of delegation conferred by this paragraph) to any transport sector authorised officer appointed by it under paragraph ( a ). (3) The Civil Aviation Authority is, subject to any general or special directions of the Transport Minister, responsible for the administration of the provisions of this Act as they apply to any airport service operator, and may — ( a ) appoint, by name or office, any officer or employee of the Civil Aviation Authority or any auxiliary police officer appointed as such under the Police Force Act 2004 to be a transport sector authorised officer for the purposes of this Act in relation to those matters; ( b ) perform the duties that are imposed and exercise the powers that are conferred upon the Civil Aviation Authority by this Act in relation to those matters; and ( c ) subject to any conditions or restrictions that the Civil Aviation Authority may specify, delegate the exercise of all or any of the powers conferred or duties imposed on the Civil Aviation Authority by or under this Act in relation to those matters (except the power of delegation conferred by this paragraph) to any transport sector authorised officer appointed by it under paragraph ( a ).


document_id: eca-2012
provision_ref: s8
chapter: PART 2 - ADMINISTRATION
section: 8
title: Public servants
content:
8. Each of the following persons is deemed to be a public servant for the purposes of the Penal Code 1871: ( a ) the Director-General and every authorised officer appointed under section 6(2); ( b ) every transport sector authorised officer appointed under section 7(1)( a ), (2)( a ) or (3)( a ).


document_id: eca-2012
provision_ref: s9
chapter: PART 2 - ADMINISTRATION
section: 9
title: Protection from personal liability
content:
9. —(1) No liability shall be incurred by — ( a ) the Director-General or any member, officer or employee of the Agency, or any other person acting under the direction of the Agency; ( b ) the Registrar or any member, officer or employee of the Land Transport Authority; ( c ) any authorised officer appointed under section 6(2); or ( d ) any transport sector authorised officer appointed under section 7(1)( a ), (2)( a ) or (3)( a ), for anything which is done or intended to be done in good faith and with reasonable care, in the exercise or purported exercise of any power, or the performance or purported performance of any function or duty, under this Act. (2) Where the Agency or a sector regulator provides a service to the public whereby information is supplied to the public pursuant to any provision of this Act, none of the members, officers or employees of the Agency or the sector regulator (as the case may be) 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 whatever nature appearing in the information or however caused if made in good faith and with reasonable care in the ordinary course of the discharge of the duties of the member, officer or employee.


document_id: eca-2012
provision_ref: s10
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 10
title: Interpretation of this Division
content:
10. In this Division, unless the context otherwise requires — “effective date”, in relation to any goods, means the date on which the goods become regulated goods as specified in the order under section 11; “goods” means any device, appliance, equipment, article or thing that requires electricity or fuel for its use or operation, and — ( a ) includes 2 or more such devices, appliances, equipment, articles or things that are interconnected, and interdependent or interacting, so as to form a system carrying out one or more functions; but ( b ) does not include any motor vehicle; “label”, in relation to any regulated goods, includes marking or affixing a label to the regulated goods; “manufacture” means to make, fabricate, produce or process any goods and includes — ( a ) the adapting for sale of any goods; and ( b ) the altering, ornamenting or finishing or the assembling or processing in any form of any goods; “registered goods” means any regulated goods registered under section 13(2) as such; “registered supplier” means any importer or manufacturer registered under section 13(2) as such; “regulated goods” means any goods prescribed under section 11 to be such; “sale” includes — ( a ) barter, exchange or import; ( b ) offering or attempting to sell, causing or allowing to be sold, or exposing for sale; and ( c ) receiving, sending or delivering for sale; “supply”, in relation to any goods, includes — ( a ) the supply of the goods by way of sale, lease, loan, hire or hire-purchase; ( b ) the supply of the goods in connection with any agreement; and ( c ) the offer to supply the goods. [24/2017] Subdivision (2) &#x2014; Restrictions on supplies of regulated
goods through registration, energy labelling, minimum
performance standards, etc. [24/2017]


document_id: eca-2012
provision_ref: s11
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 11
title: Regulated goods
content:
11. The Minister may, after consulting the Agency, by order in the Gazette , prescribe any class, description or type of goods to be regulated goods for the purposes of this Part from the date specified in the order. [24/2017]


document_id: eca-2012
provision_ref: s12
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 12
title: Restriction on supply of regulated goods
content:
12. —(1) Subject to this section, a person must not make a prohibited supply of regulated goods in Singapore. [24/2017] (2) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [24/2017] (3) For the purposes of subsection (1), a prohibited supply of regulated goods is a supply of regulated goods where — ( a ) the goods do not comply, on or after the effective date for those goods, with any one or more of the requirements mentioned in subsection (4) which is prescribed as being applicable to those regulated goods and not waived under section 31B(1); and ( b ) the supply is made by the person to another person — (i) in the course or furtherance of the firstmentioned person’s trade or business; or (ii) in furtherance of the second‑mentioned person’s trade or business. [24/2017] (4) The following are the requirements for the purpose of subsection (3): ( a ) the goods must be registered; ( b ) the goods must conform to either or both of the following: (i) the minimum energy efficiency standard prescribed for the goods; (ii) any other requirement prescribed for the goods affecting or relating to the energy efficiency standard; ( c ) the goods must be labelled with the information prescribed for the goods, in the manner prescribed or allowed by the Director‑General in any particular case; ( d ) the goods must be accompanied by the information prescribed for the goods relating to energy efficiency, in the manner prescribed or allowed by the Director‑General in any particular case; ( e ) information prescribed for the goods relating to energy efficiency must be disseminated in the manner prescribed or allowed by the Director‑General in any particular case. [24/2017] (5) Without affecting section 77, subsection (1) does not apply to a supply of regulated goods in any of the following circumstances: ( a ) the goods are supplied as part of any premises by the developer of the premises, if — (i) the developer did not import or manufacture the goods; and (ii) the goods comply with the requirements under subsection (4) applicable to the goods at the time the agreement for the supply of the goods to the developer was entered into; ( b ) the goods are supplied by a participant in the supply chain for the supply of the goods by the developer mentioned in paragraph ( a ), if the goods comply with the requirements under subsection (4) applicable to the goods at the time the agreement for the supply of the goods was entered into. [24/2017] (6) Without affecting subsection (5) or section 77, subsection (1) does not apply to a supply of regulated goods prescribed for the purposes of this subsection if — ( a ) the supply is by a participant in the supply chain for the supply of such regulated goods to a person (other than a person acting in the capacity of a developer) who is intending to construct or is constructing, or is causing to be constructed, any premises; ( b ) the goods are to be used in the premises; ( c ) the premises are to be occupied by the person; ( d ) the person did not import or manufacture the goods; and ( e ) the goods comply with the requirements under subsection (4) applicable to the goods at the time the agreement for the supply of the goods was entered into. [24/2017] (7) In this section, “developer” means a person who carries on the business of constructing or causing to be constructed any premises for sale or lease. [24/2017]


document_id: eca-2012
provision_ref: s12A
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 12A
title: Restriction on supply by importers and manufacturers
content:
12A. —(1) Without affecting section 12, an importer or a manufacturer must not, in the course of any trade or business, supply any regulated goods in Singapore on or after the effective date for those goods, unless the importer or manufacturer is a registered supplier of those goods. [24/2017] (2) Any importer or manufacturer that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [24/2017] Subdivision (3) &#x2014; Registration of suppliers and goods


document_id: eca-2012
provision_ref: s13
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 13
title: Registration of suppliers and regulated goods
content:
13. —(1) Any importer or manufacturer that intends to supply any regulated goods in Singapore may apply to the Director‑General — ( a ) to be registered as a registered supplier; and ( b ) where the importer or manufacturer intends to supply any regulated goods that are required to be registered under section 12, to register those goods. [24/2017] (2) The Director‑General may register, subject to any condition the Director‑General thinks fit to impose, or refuse to register — ( a ) any applicant as a registered supplier; or ( b ) any regulated goods that the applicant intends to supply in Singapore as registered goods. [24/2017] (3) The registration of any registered supplier or any registered goods is not transferable without the written approval of the Director‑General. [24/2017]


document_id: eca-2012
provision_ref: s14
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 14
title: Register of registered suppliers and registered goods
content:
14. —(1) The Director‑General must keep and maintain a register in which is entered such particulars of the registered suppliers and the registered goods as the Director‑General may determine. (2) Where the registration of any registered supplier or any registered goods has been withdrawn or revoked or has expired (as the case may be), the Director‑General may — ( a ) remove the particulars of the registered supplier or the registered goods from the register; or ( b ) indicate the fact of the withdrawal, revocation or expiry of registration against the particulars of the registered supplier or the registered goods in the register, as the case may be. (3) The Director‑General may, upon an application by any person accompanied by such fee as may be prescribed, provide a certified copy of an entry in the register to that person.


document_id: eca-2012
provision_ref: s15
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 15
title: Duration and renewal of registration
content:
15. —(1) The registration of any registered supplier remains valid unless withdrawn or revoked under section 16. (2) The registration of any registered goods, including any renewal of such registration, is valid for 3 years unless earlier withdrawn or revoked under section 16. (3) An application to renew the registration of any registered goods must be made before the expiry of the registration. [24/2017] (4) The Director‑General may renew the registration of any registered goods subject to any condition the Director‑General thinks fit to impose, or refuse to renew the registration.


document_id: eca-2012
provision_ref: s16
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 16
title: Withdrawal or revocation of registration
content:
16. —(1) The Director‑General may withdraw the registration — ( a ) of any registered supplier where the registered supplier applies to the Director‑General to withdraw the registered supplier’s registration; or ( b ) of any registered goods which a registered supplier ceases to supply in Singapore, where the registered supplier applies to the Director‑General to withdraw the registration. (2) The Director‑General may revoke the registration of any registered supplier after giving notice to the registered supplier and after such inquiry as the Director‑General thinks fit — ( a ) if the registered supplier procured the registration by providing any particulars, information or document, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; ( b ) if the Director‑General is satisfied that the registered supplier has contravened any condition of the registration; ( c ) if the registered supplier has been convicted of — (i) an offence under section 12(2) as in force before 1 January 2018 of supplying registrable goods that do not meet the minimum energy efficiency standards prescribed for those goods; or (ii) an offence under section 12(2) of making a prohibited supply of regulated goods, being goods that do not meet any requirement under section 12(4)( b ) applicable to the regulated goods; or ( d ) in the event of such other occurrence or in such other circumstances as may be prescribed. [24/2017] (3) The Director‑General may revoke the registration of any registered goods after giving notice to the registered supplier supplying those goods and after such inquiry as the Director‑General thinks fit, if the Director‑General is satisfied — ( a ) that the registered goods do not conform with the results of any test or examination furnished by the registered supplier to the Director‑General under this Part; ( b ) that the regulated goods do not meet any requirement under section 12(4) applicable to the regulated goods and not waived under section 31B(1); ( c ) that a modification to the registered goods has resulted in a change that affects the energy efficiency of the registered goods; ( d ) that the registered supplier has procured the registration of the registered goods by providing any particulars, information or document, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; ( e ) that the registered supplier has contravened any condition of the registration of the registered goods; or ( f ) that the registered supplier has contravened any provision of this Act in relation to the registered goods. [24/2017] (4) The Director‑General must, within 14 days after revoking any registration under subsection (2) or (3), inform the registered supplier in writing of the revocation and the grounds for the revocation. (5) Where the registration of any registered goods has been withdrawn under subsection (1)( b ) or revoked under subsection (3), it is the duty of every registered supplier of those goods to notify every other person — ( a ) to whom the registered supplier has supplied those goods; and ( b ) who, in the course of any trade or business, supplies those goods in Singapore, of the withdrawal or revocation of the registration of the goods.


document_id: eca-2012
provision_ref: s17
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 17
title: Appeals
content:
17. —(1) Any importer or manufacturer who is aggrieved by a decision of the Director‑General — ( a ) refusing to register the importer or manufacturer as a registered supplier, or refusing to register any regulated goods as registered goods, under section 13(2); ( b ) refusing to renew the registration of any registered goods under section 15(4); ( c ) to impose any condition under section 13(2) or 15(4); or ( d ) to revoke the registration of any registered supplier under section 16(2) or the registration of any registered goods under section 16(3), may, within 14 days after the date of receipt of the notice informing the importer or manufacturer of the decision of the Director‑General, appeal in writing to the Minister against the decision. [24/2017] (2) The Minister may confirm, vary or reverse the decision of the Director‑General appealed against, or give any directions in the matter as the Minister thinks fit. (3) The decision of the Minister under subsection (2) is final. (4) Even though any appeal under subsection (1) is pending — ( a ) any condition imposed by the Director‑General under section 13(2) or 15(4); ( b ) any revocation of the registration of any registered supplier under section 16(2); or ( c ) any revocation of the registration of any registered goods under section 16(3), takes effect from the date specified by the Director‑General in his or her decision, unless the Minister otherwise directs. [24/2017]


document_id: eca-2012
provision_ref: s18
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 18
title: Maintenance of records
content:
18. —(1) A registered supplier must keep and maintain complete and accurate records containing such information and in accordance with such requirements, as may be prescribed under section 78. [24/2017] (2) The registered supplier mentioned in subsection (1) must — ( a ) retain the records mentioned in that subsection for at least the prescribed period; ( b ) during the prescribed period mentioned in paragraph ( a ), make available for inspection by the Director‑General or any authorised officer, the records mentioned in that subsection when so requested by the Director‑General or any authorised officer; and ( c ) submit to the Director‑General the records mentioned in subsection (1), and any other record, document or information, that the Director‑General requires, in the time specified by the Director‑General. [24/2017] (3) Any registered supplier that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [24/2017]


document_id: eca-2012
provision_ref: s19
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 19
title:
Power of Director-General to require regulated goods for testing or analysis and furnishing of information

content:
19. —(1) The Director‑General may require any person carrying on a trade or business which consists of or includes the supply of any regulated goods — ( a ) to provide free of charge to the Director‑General samples of the regulated goods for the purpose of testing or analysis; and ( b ) to provide to the Director‑General any document or information that the Director‑General requires in respect of those regulated goods or the supply of those regulated goods. [24/2017] (2) Any person who contravenes any requirement of the Director‑General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [24/2017]


document_id: eca-2012
provision_ref: s20
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 20
title: False statements, forging of documentation, etc.
content:
20. Any person who — ( a ) in relation to an application for registration made under section 13(1) or to renew the registration made under section 15(3), makes or causes to be made any statement or declaration which is false or misleading in any material particular; ( b ) makes or causes to be made any entry in a record, register or other document required to be kept under this Part which to the person’s knowledge is false or misleading in any material particular; or ( c ) in response to any request of the Director‑General under section 19, furnishes any document or information which to the person’s knowledge is false or misleading in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both. [24/2017] Division 2 &#x2014; Measures for business activities and premises Subdivision (1) &#x2014; Interpretation [24/2017]


document_id: eca-2012
provision_ref: s21
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 21
title: Interpretation of this Division
content:
21. In this Division, unless the context otherwise requires — “registered corporation” means any registrable corporation registered under section 23 as such; “registered relevant person” means any registrable relevant person registered under section 23A as such; [Act 39 of 2024 wef 01/12/2025] “registrable corporation” means any corporation declared, or which qualifies, by an order under section 22 to be such, but does not include a transport facility operator under Part 4; [24/2017] [Act 39 of 2024 wef 01/12/2025] “registrable relevant person” means a relevant person within the meaning given by section 26B(1) who has operational control over any business activity or premises or a part of any business activity or premises, in which any prescribed energy‑consuming system or a part of a prescribed energy‑consuming system is situated. [Act 39 of 2024 wef 01/12/2025] Subdivision (2) &#x2014; Registration of corporations and relevant persons [Act 39 of 2024 wef 01/12/2025] [24/2017]


document_id: eca-2012
provision_ref: s22
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 22
title: Registrable corporation
content:
22. —(1) The Minister may, after consultation with the Agency, by order in the Gazette — ( a ) declare any qualifications by which a corporation qualifies as a registrable corporation; and ( b ) specify a period within which a registrable corporation must apply to be registered under section 23. (2) The order under subsection (1) may describe the class, description or type of registrable corporation, or the qualifications of a registrable corporation, in terms of one or more of the following: ( a ) a particular industry or industry sector; ( b ) a type of business activity or type of premises over which a corporation has operational control; ( c ) an energy use threshold attained by a business activity, or by one or more premises, over which a corporation has operational control.


document_id: eca-2012
provision_ref: s23
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 23
title: Registration of registrable corporation
content:
23. —(1) Any corporation which qualifies as a registrable corporation must, within the period specified in the order under section 22(1), apply to the Director‑General to be registered. [24/2017] (2) The Director‑General must register a corporation if the Director‑General is satisfied that — ( a ) the corporation is a registrable corporation; and ( b ) the application for registration is in order. (3) The registration of any registered corporation remains valid until it is cancelled under section 25. (4) A registrable corporation which fails to apply to the Director‑General to be registered within the time specified in the order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: eca-2012
provision_ref: s23A
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 23A
title: Registration of registrable relevant person
content:
23A. —(1) A registrable relevant person must apply to the Director‑General for registration — ( a ) if the person is a registrable relevant person as at the date of commencement of section 4 of the Energy Conservation (Amendment) Act 2024 (called in this section the appointed date) — within the prescribed period after the appointed date; and ( b ) if the person becomes a registrable relevant person after the appointed date — within the prescribed period after the date on which the person became a registrable relevant person. (2) The Director‑General must register a person if the Director‑General is satisfied that — ( a ) the person is a registrable relevant person; and ( b ) the application for registration is in order. (3) The registration of a registered relevant person remains valid until the registration is cancelled under section 25. (4) A registrable relevant person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [Act 39 of 2024 wef 01/12/2025]


document_id: eca-2012
provision_ref: s24
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 24
title: Register of registered corporations and registered relevant persons
content:
24. —(1) The Director‑General must keep and maintain a register in which is entered such particulars of the registered corporations and registered relevant persons as the Director‑General may determine. [Act 39 of 2024 wef 01/12/2025] (2) Where the registration of any registered corporation or registered relevant person has been cancelled under section 25, or the Director‑General is satisfied that any registered corporation or registered relevant person has been wound up or dissolved, the Director‑General may — ( a ) remove the particulars of the registered corporation or registered relevant person from the register; or [Act 39 of 2024 wef 01/12/2025] ( b ) indicate the fact of the cancellation against the particulars of the registered corporation or registered relevant person in the register. [24/2017] [Act 39 of 2024 wef 01/12/2025] [Act 39 of 2024 wef 01/12/2025] (3) The Director-General may, upon an application by any person accompanied by such fee as may be prescribed, provide a certified copy of an entry in the register to that person. [Act 39 of 2024 wef 01/12/2025]


document_id: eca-2012
provision_ref: s25
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 25
title: Corporation and relevant person may apply to cancel registration
content:
25. —(1) A registered corporation may apply to the Director‑General to cancel its registration — ( a ) subject to paragraph ( b ), if the registered corporation no longer qualifies as a registrable corporation; ( b ) in the case where the registered corporation had qualified as a registrable corporation by reason of any business activity or premises under its operational control having attained an energy use threshold, if that business activity or premises (as the case may be) of the registered corporation ceased to attain the energy use threshold for a continuous period of at least 3 years immediately preceding the application; or ( c ) in the event of such other occurrence or in such other circumstances as may be prescribed. (1A) A registered relevant person may apply to the Director‑General to cancel the registered relevant person’s registration — ( a ) if the registered relevant person no longer qualifies as a relevant person; ( b ) if a prescribed energy‑consuming system or a part of a prescribed energy‑consuming system in the business activity or premises under the operational control of the registered relevant person is or is to be decommissioned; or ( c ) in the event of such other occurrence or in such other circumstances as may be prescribed. [Act 39 of 2024 wef 01/12/2025] (2) The Director‑General must cancel the registration of any registered corporation or registered relevant person if the Director‑General is satisfied that any of the grounds for cancellation in subsection (1) or (1A) (as the case may be) are made out. [Act 39 of 2024 wef 01/12/2025] (3) The Director‑General must, within 14 days after cancelling the registration of any corporation or relevant person under subsection (2), inform the corporation or relevant person (as the case may be) in writing of the cancellation. [Act 39 of 2024 wef 01/12/2025] [Act 39 of 2024 wef 01/12/2025]


document_id: eca-2012
provision_ref: s26
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 26
title: Power of Director-General to ascertain if corporation or relevant person is registrable
content:
26. —(1) The Director‑General may, for the purpose of ascertaining whether any corporation qualifies as a registrable corporation or any relevant person qualifies as a registrable relevant person, do all or any of the following: ( a ) by written notice, require the corporation or relevant person (as the case may be) to — (i) carry out any test or inspection that the Director‑General may specify; or (ii) provide to the Director‑General any report, document or information that the Director‑General may require in respect of any business activity or premises of the corporation or relevant person; [Act 39 of 2024 wef 01/12/2025] [Act 39 of 2024 wef 01/12/2025] ( b ) enter the premises of the corporation or relevant person during normal business hours and carry out any test or inspection that the Director‑General may think necessary. [23/2018] [Act 39 of 2024 wef 01/12/2025] [Act 39 of 2024 wef 01/12/2025] (2) Any person who, without reasonable excuse, fails to comply with any requirement of the Director‑General under subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [Act 39 of 2024 wef 01/12/2025] Subdivision (3) &#x2014; Energy management practices [24/2017]


document_id: eca-2012
provision_ref: s26A
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 26A
title: Energy efficiency opportunities assessments for new ventures
content:
26A. —(1) Where a new venture of any person (whether or not a registered corporation) will have an energy use (determined in accordance with the prescribed method or a method that satisfies the prescribed criteria) that equals or exceeds the prescribed threshold, the person must, before applying for a clearance certificate or design certificate for the new venture under section 33D or 33E of the Environmental Protection and Management Act 1999 — ( a ) ensure that the design of the new venture facility is energy efficient, by conducting an energy efficiency opportunities assessment that satisfies the prescribed requirements; and ( b ) submit a report of the assessment to the Director-General for the approval of the Director-General. [24/2017] [Act 23 of 2023 wef 18/12/2023] (2) The report mentioned in subsection (1)( b ) must — ( a ) be submitted through the qualified person appointed under section 8 or 11 of the Building Control Act 1989 in respect of the building works for the facility mentioned in subsection (1)( a ), or any person who satisfies the prescribed criteria; and ( b ) without affecting section 78(2)( d ), include information on the proposed implementation by the person mentioned in subsection (1) of any part of the energy efficiency opportunities assessment. [24/2017] (3) Any person that contravenes subsection (1) shall be guilty of an offence. [24/2017] (4) In this section — “energy efficiency opportunities assessment” has the meaning given by section 27B(3); “new venture”, in relation to any person, means — ( a ) any new business activity or any premises of the person; or ( b ) any expansion of any existing business activity or any premises of the person, where — ( c ) the new business activity or premises or expansion of the existing business activity or premises will be a prescribed business activity or premises; and ( d ) either of the following applies: (i) as at 1 January 2018, the person has not applied to the competent authority for planning permission under the Planning Act 1998 for the new business activity or premises or expansion of the existing business activity or premises; (ii) as at 1 December 2025, the new business activity or premises or expansion of the existing business activity or premises is not one that is authorised by the Minister charged with the responsibility for national development under section 21(6) of the Planning Act 1998; [Act 39 of 2024 wef 01/12/2025] “new venture facility” means the facility at which a new venture is to be carried out. [24/2017] (5) To avoid doubt, nothing in this section applies to any new business activity or premises or any expansion of any existing business activity or premises that is authorised by the Minister charged with the responsibility for national development under section 21(6) of the Planning Act 1998 before 1 December 2025. [Act 39 of 2024 wef 01/12/2025]


document_id: eca-2012
provision_ref: s27
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 27
title: Periodic reporting of energy use and production by registered corporations
content:
27. —(1) A registered corporation must submit to the Director‑General a report for each prescribed period specifying — ( a ) the energy consumption; and ( b ) the energy production, in that period from the operation of each prescribed business activity or premises, or any part of each prescribed business activity or premises, under the operational control of the registered corporation. [24/2017; 23/2018] (2) Any registered corporation that contravenes subsection (1) shall be guilty of an offence. [24/2017; 23/2018]


document_id: eca-2012
provision_ref: s27A
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 27A
title: Energy management systems of registered corporations
content:
27A. —(1) A registered corporation must — ( a ) implement an energy management system in respect of each prescribed business activity or premises, or any part of each prescribed business activity or premises, under the operational control of the registered corporation; ( b ) ensure that every energy management system mentioned in paragraph ( a ) satisfies the prescribed requirements; and ( c ) submit a report on every such energy management system to the Director‑General. [24/2017] (2) Any registered corporation that contravenes subsection (1) shall be guilty of an offence. [24/2017] (3) In this section, “energy management system” means a set of interrelated or interacting elements of the registered corporation to establish an energy policy, energy objectives, energy targets, action plans and processes to achieve the energy objectives and energy targets. [24/2017]


document_id: eca-2012
provision_ref: s27B
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 27B
title: Energy efficiency opportunities assessments by registered corporations
content:
27B. —(1) A registered corporation must — ( a ) conduct an energy efficiency opportunities assessment on each prescribed business activity or premises, or any part of each prescribed business activity or premises, under the operational control of the registered corporation; ( b ) ensure that the energy efficiency opportunities assessment in paragraph ( a ) — (i) is conducted at the prescribed times; and (ii) satisfies the prescribed requirements; and ( c ) submit a report of every such energy efficiency opportunities assessment to the Director‑General. [24/2017] (2) Any registered corporation that contravenes subsection (1) shall be guilty of an offence. [24/2017] (3) In this section, “energy efficiency opportunities assessment” means a systematic procedure by which adequate knowledge of the energy consumption profile of any business activities or premises, and cost‑effective energy efficiency opportunities are identified and quantified. [24/2017]


document_id: eca-2012
provision_ref: s28
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 28
title: Energy efficiency improvement plans of registered corporations
content:
28. —(1) A registered corporation must submit to the Director‑General an energy efficiency improvement plan for each prescribed period in respect of each prescribed business activity or premises, or any part of each prescribed business activity or premises, under the operational control of the registered corporation. [24/2017] (2) Without affecting section 78(2)( d ), an energy efficiency improvement plan under subsection (1) must include information on the implementation of any part of the plan. [24/2017] (3) Any registered corporation that contravenes subsection (1) shall be guilty of an offence. [24/2017]


document_id: eca-2012
provision_ref: s29
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 29
title: Records to be kept
content:
29. —(1) A person that is required under this Division to submit any report or plan to the Director‑General must keep and maintain complete and accurate records containing such information, and in accordance with such other requirements, as may be prescribed under section 78, relating to — ( a ) those reports and plans, including the preparation and submission of the reports and plans; and ( b ) monitoring and evaluation undertaken by the person to ensure compliance with this Act (except Part 4). [24/2017] (2) The person mentioned in subsection (1) must — ( a ) retain the records mentioned in that subsection for at least the prescribed period; ( b ) during the prescribed period mentioned in paragraph ( a ), make available for inspection by the Director‑General or any authorised officer, the records mentioned in subsection (1) when so requested by the Director‑General or any authorised officer; and ( c ) submit to the Director‑General the records mentioned in subsection (1), and any other record, document or information, that the Director‑General may require, in the time specified by the Director‑General. [24/2017] (3) Any person that contravenes subsection (1) or (2) shall be guilty of an offence. [24/2017]


document_id: eca-2012
provision_ref: s30
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 30
title: Appointment of energy manager
content:
30. —(1) Unless granted a waiver under section 31B, every registered corporation must appoint from among its employees the number of energy managers prescribed for that class, description or type of registered corporation, each being an employee who has the prescribed qualifications and training to carry out all of the following functions: ( a ) assist the registered corporation generally to comply with the provisions of this Act; [Act 39 of 2024 wef 01/12/2025] ( b ) train and educate employees of the registered corporation as to the energy conservation practices of the registered corporation; ( c ) encourage energy conservation efforts by the registered corporation; ( d ) carry out any other duties that may be prescribed. [24/2017] (2) A registered corporation must notify the Director‑General of every appointment of an energy manager within the prescribed period. (3) Where the Director‑General is of the opinion that an energy manager is not suitably qualified, having regard to the prescribed qualifications or training (including any prescribed requirements relating to continuing education or training), the Director‑General may direct the registered corporation to appoint another suitably qualified energy manager in place of the firstmentioned energy manager within a specified time, and the registered corporation must comply with that direction. (4) If any energy manager appointed under subsection (1) for any reason vacates his or her appointment — ( a ) both the registered corporation and the energy manager must each, within the prescribed period, notify the Director‑General of that fact; and ( b ) if the energy manager who vacates his or her office is the only energy manager of the registered corporation, the registered corporation must — (i) without delay appoint under subsection (1) another energy manager in substitution of the firstmentioned energy manager; and (ii) within the prescribed period, notify the Director‑General of that substitute appointment. (5) Any registered corporation which contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence.


document_id: eca-2012
provision_ref: s31
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 31
title: Data not to be falsified, etc.
content:
31. Any person that — ( a ) makes any statement in any report or plan required for submission to the Director‑General under this Act, knowing it to be false or misleading; ( b ) provides any statement, information or document in connection with a report or plan mentioned in paragraph ( a ) to the Director‑General, knowing it to be false or misleading; ( c ) falsifies any data required for a report or plan mentioned in paragraph ( a ) or otherwise required to be submitted to the Director‑General under this Act; or ( d ) makes any entry or omission in any record required to be kept under this Act, knowing it to be false or misleading, or makes any record containing a statement knowing it to be false or misleading, shall be guilty of an offence. [24/2017] Division 3 &#x2014; General provisions for this Part Subdivision (1) &#x2014; Reports, waivers, penalties, etc.


document_id: eca-2012
provision_ref: s31A
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 31A
title: Reports and plans
content:
31A. —(1) A requirement to submit a report or a plan under this Part to the Director‑General is a requirement to do so in accordance with any requirements prescribed under section 78 for the report or plan, including its preparation and submission. [24/2017] (2) The Director‑General may, in respect of any incomplete or inaccurate report or plan submitted, in writing direct the person required to submit the report or plan to, within the time period specified in the direction (or any longer time that the Director‑General allows in the particular case) — ( a ) carry out any rectification or re‑computation that the Director‑General requires; and ( b ) resubmit the report or plan, and the person must comply with the direction. [24/2017] (3) Any person that contravenes subsection (2) shall be guilty of an offence. [24/2017]


document_id: eca-2012
provision_ref: s31B
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 31B
title: Power of Director-General to waive requirements
content:
31B. —(1) A person that, in any particular case, is unable to comply with any requirement under section 12 for any regulated goods that the person intends to supply, may apply in writing to the Director‑General for a waiver and the Director‑General may, upon being satisfied that there are good reasons to do so, waive the requirement for any of those goods. [24/2017] (2) A person who, in any particular case, is unable to comply with section 23A, 26A, 26B, 27A, 27B or 28 may apply in writing to the Director‑General for a waiver and the Director‑General may, upon being satisfied that there are good reasons to do so, waive the application of that provision — ( a ) generally or for a specified period of time; and ( b ) for any specified business activity or premises, or a part of any specified business activity or premises. [24/2017] [Act 39 of 2024 wef 01/12/2025] (3) Without affecting subsection (2), a person that, in any particular case, is unable to comply with a prescribed minimum energy efficiency standard under section 26B for a prescribed energy‑consuming system, may apply in writing to the Director‑General for a modification of the standard and the Director‑General may, upon being satisfied that there are good reasons to do so, modify the standard, subject to any condition that the Director‑General may impose; and the modified standard applies to the person in lieu of the prescribed standard accordingly. [24/2017] (4) A person that, in any particular case, is unable to comply with section 27 or 30 may apply in writing to the Director‑General for a waiver and the Director‑General may, upon being satisfied that there are good reasons to do so, waive the application of that provision for a specified period of time. [24/2017; 23/2018]


document_id: eca-2012
provision_ref: s32
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 32
title: Penalties for non-compliance
content:
32. —(1) Any person guilty of an offence under section 26A(3) (in relation to a contravention of section 26A(1)( b )), 26B(4) (in relation to a contravention of section 26B(2)( b ) or (3)( b )), 27(2), 27A(2), 27B(2), 28(3), 29(3), 30(5) or 31A(3) shall be liable — ( a ) on the first conviction of that offence, to a fine not exceeding $10,000; and ( b ) on a second or subsequent conviction of an offence under the same provision (and the same contravention where applicable) or if the person was previously convicted of an offence under a related provision, to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction. [24/2017; 23/2018] (2) The following apply for the purpose of subsection (1)( b ): ( a ) for an offence under section 27(2) (in relation to a contravention of section 27(1)), a related provision is section 27(1) as in force immediately before 1 January 2018; ( b ) for an offence under section 28(3), a related provision is section 29(1) as in force immediately before 1 January 2018; ( c ) for an offence under section 29(3), a related provision is section 28(1), (2) or (3) as in force immediately before 1 January 2018; ( d ) for an offence under section 31A(3), a related provision is section 27(4)( a ) (in relation to a resubmission of a report) or ( b ) or 29(4) (as the case may be) as in force immediately before 1 January 2018. [24/2017] (3) Any person guilty of an offence under section 26A(3) (in relation to a contravention of section 26A(1)( a )) shall be liable on conviction to a fine not exceeding $100,000. [24/2017] (4) Any person guilty of an offence under section 26B(4) (in relation to a contravention of section 26B(2)( a ) or (3)( a )) shall be liable on conviction to a fine not exceeding $20,000 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. [24/2017] (5) Any person guilty of an offence under section 31 shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both. [24/2017] Subdivision (2) &#x2014; Powers of enforcement


document_id: eca-2012
provision_ref: s33
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 33
title: Entering premises, etc., to monitor compliance
content:
33. For the purposes of administering or enforcing this Part or determining whether this Part has been complied with, an authorised officer may, upon declaring the authorised officer’s office and producing to an occupier of premises the identification card the Director‑General directs to be carried by authorised officers, do all or any of the following: ( a ) enter any premises — (i) during normal business hours without notice; or (ii) at any other time after giving not less than 6 hours’ previous notice to the occupier of the premises (unless the occupier has consented to a shorter period of notice); ( b ) exercise any of the powers set out in sections 34, 35 and 36. [24/2017]


document_id: eca-2012
provision_ref: s34
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 34
title: Powers of authorised officers in monitoring compliance
content:
34. —(1) An authorised officer may exercise all or any of the following powers in relation to premises under section 33: ( a ) search the premises for any thing that may relate to compliance with this Part; ( b ) examine any activity conducted on the premises that may relate to information provided for the purposes of this Part; ( c ) examine any thing on the premises that may relate to information provided for the purposes of this Part; ( d ) take photographs or make video or audio recordings or sketches on the premises of any such activity or thing; ( e ) affix or bring onto the premises, with such assistants and workmen as may be necessary, any meter or instrument and take readings from the meter or instrument, or take readings from any meter or instrument on the premises; ( f ) inspect any document on the premises that may relate to information provided for the purposes of this Part; ( g ) take extracts from, or make copies of, any such document; ( h ) take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises; ( i ) seize any thing found during the exercise of monitoring powers on the premises which the authorised officer believes on reasonable grounds affords evidence of a contravention of this Part. (2) An authorised officer may, in addition to the powers in subsection (1) — ( a ) compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the authorised officer to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to assessing compliance with this Part; and ( b ) if such information is found in exercise of the power in paragraph ( a ) — (i) produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced; or (ii) transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises.


document_id: eca-2012
provision_ref: s35
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 35
title: Authorised officer may require persons to provide information and produce documents
content:
35. —(1) For the purposes of administering or enforcing this Part or determining whether this Part has been complied with, an authorised officer may (in connection with section 33 or otherwise) — ( a ) require any person to provide to the authorised officer any information within the knowledge of that person; and ( b ) require any person to produce to the authorised officer any document in the person’s custody or under the person’s control in connection with the matter. [24/2017] (2) The authorised officer may — ( a ) specify a time and place at which a person must provide the information or produce the document under subsection (1); and ( b ) without payment — (i) inspect, keep, copy, or make extracts from, a document produced or made available to the authorised officer under this section; and (ii) in relation to a document kept in electronic form, inspect, copy, or make extracts from, the document in legible form. [24/2017] (3) Where a document is kept in electronic form, the power of the authorised officer to require the document to be produced includes the power to require the document to be made available to the authorised officer in legible form. [24/2017] (4) To avoid doubt and without limiting subsection (1), that subsection applies to a person who supplies any energy‑consuming system prescribed under section 26B, or any equipment relating to such system, or both, in respect of information and documents relating to such supplies. [24/2017] (5) Any person who, without reasonable excuse, refuses or fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: eca-2012
provision_ref: s36
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 36
title: Power to demand names and addresses
content:
36. —(1) An authorised officer may require any person found on the premises under section 33 to — ( a ) give his or her name and address and any other proof of identity; and ( b ) provide any other particulars, as the authorised officer may require for the purposes of this Part. (2) Any person who, upon being required by the authorised officer to give his or her name and address or other proof of identity or to provide any particulars under subsection (1) — ( a ) refuses to do so; ( b ) wilfully misstates his or her name and address or proof of identity; or ( c ) provides false particulars, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: eca-2012
provision_ref: s37
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 37
title: Authorised officers to be provided with all facilities and assistance
content:
37. Where the Director‑General or any authorised officer exercises a power under this Part, the person against whom the power is exercised or sought to be exercised must provide the Director‑General, authorised officer or any person assisting the Director‑General or authorised officer (as the case may be) with all reasonable facilities and assistance for the effective exercise of the power. [24/2017]


document_id: eca-2012
provision_ref: s38
chapter: PART 3 - ENERGY CONSERVATION MEASURES FOR
section: 38
title: Penalty for obstructing Director‑General or authorised officer in course of duty
content:
38. Any person who at any time hinders or obstructs the Director‑General or any authorised officer in the performance or execution of his or her duty or of any thing which he or she is empowered or required to do under this Part shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: eca-2012
provision_ref: s39
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 39
title: Interpretation of this Division
content:
39. In this Division, unless the context otherwise requires — “authorised dealer” means a person who is appointed to sell a vehicle in Singapore under a distributorship agreement with the manufacturer of the vehicle; “batch type-approval”, “modified type-approval” and “type‑approval” have the meanings given by rule 3D of the Road Traffic (Motor Vehicles, Registration and Licensing) Rules; “FEL effective date” or “fuel economy and vehicular emissions labelling effective date”, in relation to any motor vehicle, means the date on which the motor vehicle becomes one of a class, description or type of motor vehicle specified in an order under section 40; “sale” includes attempting to sell, causing or allowing to be sold, or displaying for sale; “vehicular emission”, in relation to a motor vehicle, means any vehicular emission that is a prescribed vehicular emission under section 11AA of the Road Traffic Act 1961. [24/2017]


document_id: eca-2012
provision_ref: s40
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 40
title: Motor vehicles subject to requirements on fuel economy and vehicular emissions
content:
40. The Transport Minister may, after consultation with the Land Transport Authority, by order in the Gazette , declare any class, description or type of motor vehicle to be subject to the requirements on fuel economy and vehicular emissions in this Division from the date specified in the order. [24/2017]


document_id: eca-2012
provision_ref: s41
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 41
title: Fuel economy and vehicular emissions certificate, data and testing
content:
41. —(1) Any authorised dealer, manufacturer or importer of motor vehicles intending to sell or offer for sale any motor vehicle of a class, description or type specified in an order under section 40 in Singapore on or after the FEL effective date in respect of that motor vehicle shall — ( a ) when applying for type-approval, batch type-approval or modified type-approval in respect of motor vehicles of that class, description or type, submit to the Registrar all of the following documents relating to the class, description or type of motor vehicle, in accordance with the prescribed requirements: (i) a certificate relating to fuel economy issued by a standards organisation or an international authority recognised by the Registrar; (ii) data on fuel consumption and vehicular emissions (including vehicular emissions levels) measured or determined in accordance with such method or any method which meets such criteria as may be provided for in regulations made under section 62; (iii) such other information and documents relating to fuel economy and vehicular emissions as may be prescribed; and ( b ) if required by the Registrar — (i) send one or more of the motor vehicles for such tests or inspections as the Registrar may specify; or (ii) provide to the Registrar any further documents or information that the Registrar may require in respect of those motor vehicles. [24/2017] (2) The data required under subsection (1)( a )(ii) may be issued by a vehicle emission testing laboratory recognised by the Registrar. [24/2017] (3) The Registrar may publish, in the form and manner the Registrar deems appropriate, the data submitted to the Registrar under subsection (1)( a )(ii). [24/2017]


document_id: eca-2012
provision_ref: s42
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 42
title: Labelling of fuel economy and vehicular emissions
content:
42. —(1) A person must not, in the course of any trade or business, sell or offer for sale any motor vehicle of a class, description or type specified in an order under section 40 in Singapore on or after the FEL effective date for that motor vehicle, unless — ( a ) throughout the period that the motor vehicle is displayed for sale, the motor vehicle bears the label on fuel economy and vehicular emissions, approved by the Registrar for that class, description or type of motor vehicle, in the prescribed manner; and ( b ) any printed promotional material or advertisement distributed by the person relating to the class, description or type of motor vehicle contains such information on fuel economy and vehicular emissions of the motor vehicle, in such form and manner, as may be prescribed for the type of material or advertisement being distributed. [24/2017] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: eca-2012
provision_ref: s43
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 43
title: False statements, forging of documentation, etc.
content:
43. Any person who — ( a ) in relation to any submission to the Registrar under section 41, makes or causes to be made any statement or declaration which is false or misleading in any material particular; ( b ) makes or causes to be made any entry or omission in the information or documents submitted to the Registrar, which to the person’s knowledge is false or misleading in any material particular; or ( c ) forges any approval, certificate or data required to be submitted to the Registrar or any label on fuel economy and vehicular emissions mentioned in section 42, 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 3 months or to both. [24/2017] Division 2 &#x2014; Energy management practices for transport
facility operators


document_id: eca-2012
provision_ref: s44
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 44
title: Interpretation of this Division
content:
44. In this Division, unless the context otherwise requires, “transport facility operator” means any transport facility operator declared, or which qualifies, by an order under section 45 to be such.


document_id: eca-2012
provision_ref: s45
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 45
title: Transport facility operators
content:
45. —(1) The Transport Minister may, by order in the Gazette — ( a ) declare any airport service operator, land transport operator or port service operator to be a transport facility operator from the date specified in the order; or ( b ) declare any qualifications by which any airport service operator, land transport operator or port service operator qualifies as a transport facility operator. (2) The order under subsection (1) may describe the qualifications of a transport facility operator, in terms of one or both of the following: ( a ) a type of business activity or type of premises over which an airport service operator, a land transport operator or a port service operator has operational control; ( b ) an energy use threshold attained by a business activity, or by one or more premises, over which an airport service operator, a land transport operator or a port service operator has operational control.


document_id: eca-2012
provision_ref: s46
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 46
title: Power of sector regulator to ascertain if entity is transport facility operator
content:
46. —(1) The appropriate sector regulator may, for the purpose of ascertaining whether any airport service operator, land transport operator or port service operator qualifies as a transport facility operator, do all or any of the following: ( a ) by written notice, require the airport service operator, land transport operator or port service operator, as the case may be, to — (i) carry out any test or inspection that the sector regulator may specify; or (ii) provide to the sector regulator any report, document or information that the sector regulator may require in respect of any business activity or premises of the airport service operator, land transport operator or port service operator; ( b ) enter the premises of the airport service operator, land transport operator or port service operator (as the case may be) during normal business hours and carry out any test or inspection that a transport sector authorised officer of the sector regulator may think necessary. [23/2018] (2) Any person who, without reasonable excuse, fails to comply with any requirement of the sector regulator under subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: eca-2012
provision_ref: s47
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 47
title: Periodic reporting of energy use, etc.
content:
47. —(1) Every transport facility operator shall, within the period and in the manner prescribed, prepare and submit to the appropriate sector regulator in accordance with subsection (2), a report relating to the — ( a ) energy consumption; ( b ) energy production; and ( c ) greenhouse gas emissions, from the operation of any business activity or premises or part thereof under the operational control of the transport facility operator during a prescribed period. (2) A report under subsection (1) must — ( a ) be in the form provided by the sector regulator; ( b ) contain data on the required information computed in accordance with such method as may be prescribed or any method which meets such criteria as may be prescribed; and ( c ) contain any other information that may be prescribed. (3) The sector regulator may, in respect of any incomplete or inaccurate report from a transport facility operator, in writing direct the transport facility operator to do all of the following within the period specified in the direction: ( a ) to carry out any rectification or re‑computation that the sector regulator requires; ( b ) to re-submit the report. (4) Any transport facility operator which — ( a ) fails to submit or re-submit a report under this section within the period delimited under this section or within any extended time that the sector regulator allows in any particular case; ( b ) fails to comply with any direction given by the sector regulator under subsection (3)( a ); or ( c ) submits a false or misleading report, shall be guilty of an offence.


document_id: eca-2012
provision_ref: s48
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 48
title: Records to be kept
content:
48. —(1) Every transport facility operator must keep and maintain complete and accurate records in the prescribed form and manner containing such information as may be prescribed — ( a ) where the records are relevant to the preparation by the transport facility operator of complete and accurate reports under section 47 or energy efficiency improvement plans under section 49; and ( b ) where the records are relevant to monitoring and evaluating compliance by the transport facility operator with this Act. (2) A transport facility operator must — ( a ) retain the records mentioned in subsection (1) for the prescribed period; and ( b ) during that prescribed period, make available to any transport sector authorised officer of the sector regulator the records mentioned in subsection (1) for inspection whenever requested to do so by the transport sector authorised officer. (3) A transport facility operator must submit any record, or provide any other document or information, that may be required by the sector regulator within the time specified by the sector regulator. (4) Any transport facility operator which contravenes subsection (1), (2) or (3) shall be guilty of an offence.


document_id: eca-2012
provision_ref: s49
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 49
title: Energy efficiency improvement plans
content:
49. —(1) Unless granted a waiver under subsection (3), a transport facility operator must prepare and submit to the appropriate sector regulator, in accordance with subsection (2) and any other prescribed requirements, an energy efficiency improvement plan for a prescribed period in respect of any business activity or premises over which the transport facility operator has operational control. (2) An energy efficiency improvement plan must — ( a ) contain the information (including information on the implementation of any part of the plan) prescribed; and ( b ) be submitted at the prescribed intervals and within the prescribed period. (3) A transport facility operator which is unable to comply with subsection (1) in any particular case may apply in writing to the sector regulator for a waiver and the sector regulator may, if it is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time or in respect of a specified business activity or specified premises or part thereof of the transport facility operator. (4) The sector regulator may, in respect of any incomplete energy efficiency improvement plan, in writing direct the transport facility operator, within the time specified in the direction — ( a ) to carry out any rectification or re‑computation that the sector regulator requires; and ( b ) to re-submit the energy efficiency improvement plan. (5) Any transport facility operator which contravenes subsection (1) or fails to comply with a direction under subsection (4) shall be guilty of an offence.


document_id: eca-2012
provision_ref: s50
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 50
title: Appointment of energy manager
content:
50. —(1) Unless granted a waiver under subsection (5), every transport facility operator must appoint from among its employees the number of energy managers prescribed for that class, description or type of transport facility operator, each being an employee who has the prescribed qualifications and training to carry out all of the following functions: ( a ) assist the transport facility operator — (i) to prepare the report for submission under section 47; (ii) to maintain the records required under section 48; (iii) to prepare the energy efficiency improvement plan for submission under section 49 and implement the energy efficiency measures proposed in the energy efficiency improvement plan; and (iv) generally to comply with the provisions of this Act; ( b ) train and educate employees of the transport facility operator as to the energy conservation practices of the transport facility operator; ( c ) encourage energy conservation efforts by the transport facility operator; ( d ) carry out any other duties that may be prescribed. (2) A transport facility operator must notify the appropriate sector regulator of every appointment of an energy manager within the prescribed period. (3) Where the sector regulator is of the opinion that an energy manager is not suitably qualified, having regard to the prescribed qualifications or training (including any prescribed requirements relating to continuing education or training), the sector regulator may direct the transport facility operator to appoint another suitably qualified energy manager in place of the firstmentioned energy manager within a specified time, and the transport facility operator must comply with the direction. (4) If any energy manager appointed under subsection (1) for any reason vacates his or her appointment — ( a ) both the transport facility operator and the energy manager must each, within the prescribed period, notify the sector regulator of that fact; and ( b ) if the energy manager who vacates his or her office is the only energy manager of the transport facility operator, the transport facility operator must — (i) without delay appoint under subsection (1) another energy manager in substitution of the firstmentioned energy manager; and (ii) within the prescribed period, notify the sector regulator of that substitute appointment. (5) A transport facility operator which is unable to comply with subsection (1) in any particular case may apply in writing to the sector regulator for a waiver and the sector regulator may, if it is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time. (6) Any transport facility operator which contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence.


document_id: eca-2012
provision_ref: s51
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 51
title: Energy manager not to falsify data
content:
51. Any energy manager appointed under section 50 who — ( a ) in any report or energy efficiency improvement plan prepared for submission to the appropriate sector regulator under this Act, makes any statement which he or she knows to be false or misleading; ( b ) makes any entry or omission in any record required to be kept under this Act, which he or she knows to be false or misleading, or makes any record containing a statement which he or she knows to be false or misleading; or ( c ) falsifies any data required to be submitted to the appropriate sector regulator under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: eca-2012
provision_ref: s52
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 52
title: Penalties for non-compliance
content:
52. A transport facility operator which is guilty of an offence under section 47, 48, 49 or 50 shall be liable — ( a ) on the first conviction to a fine not exceeding $10,000; and ( b ) on a second or subsequent conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction. Division 3 &#x2014; Powers of enforcement


document_id: eca-2012
provision_ref: s53
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 53
title: Entering premises, etc., to monitor compliance
content:
53. For the purposes of determining whether this Part has been complied with, a transport sector authorised officer of the appropriate sector regulator may, on declaration of his or her office and production to the person against whom he or she is acting of the identification card the sector regulator directs to be carried by its transport sector authorised officers — ( a ) enter any premises owned or occupied by — (i) an authorised dealer, manufacturer or importer of motor vehicles; or (ii) a transport facility operator, during normal business hours without notice, or at any other time after giving not less than 6 hours’ previous notice to the occupier of the premises (unless the occupier has consented to a shorter period of notice); and ( b ) exercise the powers set out in sections 54, 55 and 56.


document_id: eca-2012
provision_ref: s54
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 54
title: Powers of transport sector authorised officers in monitoring compliance
content:
54. —(1) A transport sector authorised officer of the appropriate sector regulator may exercise all or any of the following powers in relation to premises under section 53: ( a ) search the premises for any thing that may relate to compliance with this Part; ( b ) examine any activity conducted on the premises that may relate to information provided for the purposes of this Part; ( c ) examine any thing on the premises that may relate to information provided for the purposes of this Part; ( d ) take photographs or make video or audio recordings or sketches on the premises of any such activity or thing; ( e ) affix or bring onto the premises, with such assistants and workmen as may be necessary, any meter or instrument and take readings from the meter or instrument, or take readings from any meter or instrument on the premises; ( f ) inspect any document on the premises that may relate to information provided for the purposes of this Part; ( g ) take extracts from, or make copies of, any such document; ( h ) take onto the premises such equipment and materials as the transport sector authorised officer requires for the purpose of exercising powers in relation to the premises; ( i ) seize any thing found during the exercise of monitoring powers on the premises which the transport sector authorised officer believes on reasonable grounds affords evidence of a contravention of this Part. (2) A transport sector authorised officer of the sector regulator may, in addition to the powers in subsection (1) — ( a ) compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the transport sector authorised officer to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to assessing compliance with this Part; and ( b ) if such information is found in exercise of the power in paragraph ( a ) — (i) produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced; or (ii) transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises.


document_id: eca-2012
provision_ref: s55
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 55
title:
Transport sector authorised officer may require persons to furnish information and produce documents

content:
55. —(1) A transport sector authorised officer of the appropriate sector regulator may require — ( a ) any authorised dealer, manufacturer or importer of motor vehicles; ( b ) any transport facility operator; ( c ) any person who apparently represents a person referred to in paragraph ( a ) or ( b ); ( d ) an energy manager of a transport facility operator; or ( e ) any person who is on the premises of a person referred to in paragraph ( a ) or ( b ) when the transport sector authorised officer exercises his or her powers under section 53 or 54, to provide any information within the knowledge of that person or produce any document in the person’s custody or under the person’s control in connection with the matter, and may, without payment, inspect, keep, copy or make extracts from such document. (2) Any person who, without reasonable excuse, refuses or fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: eca-2012
provision_ref: s56
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 56
title: Power to demand names and addresses
content:
56. —(1) A transport sector authorised officer of the appropriate sector regulator may require any person found on the premises under section 53 to — ( a ) give his or her name and address and any other proof of identity; and ( b ) provide any other particulars, as the transport sector authorised officer may require for the purposes of this Part. (2) Any person who, upon being required by the transport sector authorised officer to give his or her name and address or other proof of identity or to provide any particulars under subsection (1) — ( a ) refuses to do so; ( b ) wilfully misstates his or her name and address or proof of identity; or ( c ) provides false particulars, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: eca-2012
provision_ref: s57
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 57
title: Powers to examine and secure attendance, etc.
content:
57. —(1) For the purpose of investigating any offence under this Part, a transport sector authorised officer of the appropriate sector regulator may do all or any of the following: ( a ) examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Part — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; and (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter; ( b ) require by written notice the attendance before himself or herself of any person within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Part, and that person must attend as required; ( c ) require any person to provide any information or produce any book, document or copy of such book or document in the possession of that person and, without payment, inspect, keep, copy or take extracts from such book or document. (2) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Part, except that he or she need not say anything that might expose him or her to a criminal charge, penalty or forfeiture. (3) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary) be signed by the person. (4) If any person fails to attend as required by a notice under subsection (1)( b ), the transport sector authorised officer may report the failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the notice.


document_id: eca-2012
provision_ref: s58
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 58
title:
Authorised dealer, etc., and transport facility operator to provide transport sector authorised officer with all facilities and assistance

content:
58. Any authorised dealer, manufacturer or importer of motor vehicles and any transport facility operator must provide any transport sector authorised officer exercising his or her powers under this Part, and any person assisting that officer, all reasonable facilities and assistance for the effective exercise of their powers.


document_id: eca-2012
provision_ref: s59
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 59
title: Penalty for obstructing transport sector authorised officer in course of duty
content:
59. Any person who at any time hinders or obstructs any transport sector authorised officer in the performance or execution of his or her duty or of any thing which the transport sector authorised officer is empowered or required to do under this Part shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: eca-2012
provision_ref: s60
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 60
title: Composition of offences
content:
60. —(1) The appropriate sector regulator or an officer authorised by the sector regulator to compound offences may compound any offence under this Part 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) The Transport Minister may make regulations to prescribe the offences which may be compounded. (4) All sums collected under this section must be paid to the Consolidated Fund.


document_id: eca-2012
provision_ref: s61
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 61
title: Exemption
content:
61. The Transport Minister may, by order in the Gazette and with or without conditions, exempt — ( a ) any class, description or type of motor vehicles, business activity or premises from all or any of the provisions of this Part; or ( b ) any class or description of persons from compliance with all or any of the provisions of this Part.


document_id: eca-2012
provision_ref: s62
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 62
title: Regulations
content:
62. —(1) The Transport Minister may make regulations necessary or expedient for carrying out the purposes and provisions of this Part. (2) Without limiting subsection (1), the Transport Minister may make regulations for or with respect to all or any of the following matters: ( a ) providing for additional fuel economy and vehicular emissions testing, labelling or reporting requirements in relation to any class, description or type of motor vehicle specified in an order under section 40; ( b ) specifying a minimum fuel economy standard with which any class, description or type of motor vehicle specified in an order under section 40 must comply; ( c ) establishing a register of transport facility operators; ( d ) specifying any energy efficiency standards or energy management standards with which any class or description of transport facility operators must comply; ( e ) in relation to reports under section 47 — (i) specifying the methods, or criteria for methods, by which the amounts of emissions, reduction, removal, offsets, energy production or energy consumption are to be measured, including specifying — (A) different methods or criteria for different transport facility operators; (B) different methods or criteria depending on the circumstances in which the emissions, reduction, removal, offsets, production or consumption occurred; (C) conditions relating to the use of different methods or criteria; (D) rating systems for those methods (including different rating systems for different circumstances); and (E) the particular rating given to each of those methods; and (ii) specifying different requirements in relation to the information to be supplied in the report for different circumstances; ( f ) requirements for the preparation and submission of a report under section 47 or an energy efficiency improvement plan under section 49; ( g ) requirements relating to the implementation of energy efficiency measures proposed in any energy efficiency improvement plan under section 49; ( h ) in relation to an energy manager under this Part — (i) the requirements for the appointment, training and qualification of an energy manager; (ii) the functions and duties of an energy manager; and (iii) the powers of an energy manager, being necessary powers for the discharge of his or her functions and duties; ( i ) prescribing any forms for use under this Part; ( j ) prescribing any fees and charges payable for the purposes of this Part; ( k ) prescribing any other matter which is required or permitted to be prescribed to give effect to this Part. [24/2017] (3) The Transport Minister may, in making any regulations under this section, provide that any contravention of any of the provisions of such regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.


document_id: eca-2012
provision_ref: s63
chapter: PART 4 - ENERGY CONSERVATION MEASURES
section: 63
title: Adoption of codes and standards
content:
63. —(1) Any regulations made under section 62 may adopt wholly or partially, or as amended by the regulations or by reference, any code, standard, rule, specification or provision which relates to any matter with which the regulations deal and which — ( a ) is recommended, issued or adopted by any standards organisation or body (whether within or outside Singapore) approved by the appropriate sector regulator; or ( b ) is considered by the appropriate sector regulator to be appropriate for adoption for the purposes of this Part. (2) The sector regulator must cause a copy of every code, standard, rule, specification or provision adopted under subsection (1) to be made available for inspection by members of the public without charge at the office of the sector regulator during normal office hours. (3) In any proceedings, a copy certified by the appropriate sector regulator as a true copy of a code, standard, rule, specification or provision adopted under subsection (1) is evidence of the code, standard, rule, specification or provision so adopted.


document_id: eca-2012
provision_ref: s64
chapter: PART 5 - MISCELLANEOUS
section: 64
title: Power to obtain energy consumption data from energy suppliers
content:
64. —(1) For the purpose of carrying out his or her duties and functions under this Act, or obtaining information to assist a sector regulator in carrying out its duties and functions under Part 4, the Director‑General may, by a written notice to any of the following persons (called in this section an energy supplier), require the energy supplier to provide the Director‑General with data relating to the energy consumption of any person, business activity or premises specified in the notice: ( a ) any electricity licensee under the Electricity Act 2001; ( b ) any gas licensee under the Gas Act 2001; ( c ) any other supplier of steam, oil, fuel, district cooling services or other types of energy. (2) An energy supplier to whom a notice is directed under subsection (1) must provide the data required in the form and manner and within the time specified in the notice. (3) An energy supplier which, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: eca-2012
provision_ref: s65
chapter: PART 5 - MISCELLANEOUS
section: 65
title: Energy and environment impact surveys
content:
65. —(1) The Director‑General may, from time to time, undertake investigations or surveys of the levels of energy consumption, energy production or greenhouse gas emissions for the purposes of — ( a ) assessing the impact on the environment of certain industries or activities; or ( b ) advising the Minister or other public bodies concerning energy or environmental policies. (2) For the purpose of any investigation or survey under subsection (1), the Director‑General may by written notice require any person to provide the Director‑General, within the time and in the form and manner specified by the Director‑General, any information relating to the energy consumption, energy production or greenhouse gas emissions of that person as the Director‑General may require. (3) Any person to whom a notice under subsection (2) is directed 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 $2,000.


document_id: eca-2012
provision_ref: s66
chapter: PART 5 - MISCELLANEOUS
section: 66
title: Powers to examine and secure attendance, etc.
content:
66. —(1) For the purpose of investigating any offence under this Act (except Part 4), an authorised officer may do all or any of the following: ( a ) examine orally any person who appears to be acquainted with the facts and circumstances of matters under this Act — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; and (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter; ( b ) require by written notice the attendance before himself or herself of any person within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act, and that person must attend as required; ( c ) require any person to provide any information or produce any book, document or copy of such book or document in the possession of that person and, without payment, inspect, keep, copy or take extracts from such book or document. (2) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (3) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary) be signed by the person. (4) If any person fails to attend as required by a notice under subsection (1)( b ), the authorised officer may report the failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the notice.


document_id: eca-2012
provision_ref: s67
chapter: PART 5 - MISCELLANEOUS
section: 67
title:
Notices and other documents may be given by authorised officer or transport sector authorised officer

content:
67. —(1) All notices and other documents of any nature which — ( a ) the Director‑General is empowered to give under this Act may, subject to the direction of the Director‑General, be given by any authorised officer on behalf of the Director‑General; and ( b ) a sector regulator is empowered to give under this Act may, subject to the direction of the sector regulator, be given by any transport sector authorised officer appointed by that sector regulator on its behalf. (2) Where any such notice or document mentioned in subsection (1)( a ) requires authentication, the signature or an official facsimile of the signature of the Director‑General or an authorised officer affixed to the notice or document is sufficient authentication. (3) Where any such notice or document mentioned in subsection (1)( b ) requires authentication, the signature or an official facsimile of the signature of the Chief Executive, or a transport sector authorised officer, of the sector regulator affixed to the notice or document is sufficient authentication.


document_id: eca-2012
provision_ref: s68
chapter: PART 5 - MISCELLANEOUS
section: 68
title: Service of documents, etc.
content:
68. —(1) Every notice or document required or authorised by this Act to be served on any person may be served — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by post to, the usual or last known address of the place of residence of the individual; (iii) by leaving it with an adult person apparently employed at, or by sending it by post to, the usual or last known address of the place of business of the individual; (iv) by affixing a copy of the notice in a conspicuous place at the usual or last known address of the place of residence or business of the individual; or (v) by sending it by fax to the fax number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to an authorised officer or a transport sector authorised officer by the individual as the fax number for the service of documents on the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other similar officer of the partnership; (ii) by leaving it at, or by sending it by post to, the principal or last known place of business of the partnership in Singapore; or (iii) by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; and ( c ) in the case of a body corporate — (i) by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, the manager of the limited liability partnership; (ii) by leaving it at, or by sending it by post to, the registered office or principal office of the body corporate in Singapore; or (iii) by sending it by fax to the fax number operated at the registered office or principal office of the body corporate in Singapore. (2) Where any notice or other document to be served on any person is — ( a ) sent by fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be; and ( b ) sent by post, it is deemed to have been duly served on the person to whom it is addressed by the time at which it would have been delivered in the ordinary course of post. (3) A notice or other document required or authorised by this Act to be served on the owner or occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description. (4) This section does not apply to notices and other documents to be served in proceedings in court. (5) In this section, “body corporate” includes a limited liability partnership.


document_id: eca-2012
provision_ref: s69
chapter: PART 5 - MISCELLANEOUS
section: 69
title: Inaccuracies in document
content:
69. —(1) No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act in any way 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. (2) No proceedings taken under or by virtue of this Act shall be invalid for want of form.


document_id: eca-2012
provision_ref: s70
chapter: PART 5 - MISCELLANEOUS
section: 70
title: Evidence
content:
70. —(1) The contents of any document prepared, issued or served by the Agency, a sector regulator or any authorised officer or transport sector authorised officer under or for the purposes of this Act is, until the contrary is proved, presumed to be correct. (2) All records, registers and other documents kept by the Agency or a sector regulator or by any authorised officer or transport sector authorised officer for the purposes of this Act are deemed to be public documents. (3) A copy of or an extract from any document mentioned in subsection (2) that is — ( a ) certified by an officer or employee of the Agency or sector regulator responsible for the custody of such documents to be a true copy or extract, as the case may be; and ( b ) subscribed by the officer or employee with his or her name and official title, is admissible in evidence as proof of the contents of the document or extract from the document.


document_id: eca-2012
provision_ref: s71
chapter: PART 5 - MISCELLANEOUS
section: 71
title: Disclosure of information
content:
71. Despite section 47 of the National Environment Agency Act 2002, section 14 of the Civil Aviation Authority of Singapore Act 2009, section 41 of the Land Transport Authority of Singapore Act 1995 and section 98 of the Maritime and Port Authority of Singapore Act 1996 — ( a ) the Director-General, and any authorised officer with the approval of the Director-General; and ( b ) each of the sector regulators, and any transport sector authorised officer with the approval of the appropriate sector regulator, may provide any information, report or document obtained in the performance of their duties or in the exercise of their functions under this Act to any of the public officers or statutory bodies set out in the Schedule for the purpose of enabling the performance or discharge by that public officer or statutory body of his, her or its functions or duties.


document_id: eca-2012
provision_ref: s72
chapter: PART 5 - MISCELLANEOUS
section: 72
title: Offences by bodies corporate, etc.
content:
72. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any act or default on the part of any officer of the body corporate, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any act or default on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any act or default on the part of such officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in that capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in that capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: eca-2012
provision_ref: s73
chapter: PART 5 - MISCELLANEOUS
section: 73
title: Power of court to order cause of contravention to be remedied
content:
73. —(1) Where any person is convicted of an offence under this Act, the court may, in addition to or instead of imposing any penalty, order the person to take, within the time specified in the order (or within such further time as the court may allow), the steps specified in the order for remedying the matters in respect of which the contravention occurred. (2) Subject to subsection (3), where an order is made under subsection (1), the convicted person shall not be liable under this Act in respect of the continuation of the contravention during the time specified in the order or allowed by the court to remedy the matters in respect of which the contravention occurred. (3) If, after the expiration of the time specified in the order or allowed by the court under subsection (1) following a conviction of an offence, the order is not complied with, the person mentioned in that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day during which the non-compliance continues after the date of conviction for that firstmentioned offence.


document_id: eca-2012
provision_ref: s74
chapter: PART 5 - MISCELLANEOUS
section: 74
title: Composition of offences
content:
74. —(1) The Director-General or any officer of the Agency authorised by the Director-General to compound offences may compound any offence under this Act (except Part 4) 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) The Minister may make regulations to prescribe the offences which may be compounded, including offences under the provisions of this Act which have been repealed. [24/2017] (4) All sums collected under this section must be paid to the Consolidated Fund.


document_id: eca-2012
provision_ref: s75
chapter: PART 5 - MISCELLANEOUS
section: 75
title: Saving of prosecutions under other laws
content:
75. Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act, except that a person must not be punished twice for the same offence.


document_id: eca-2012
provision_ref: s76
chapter: PART 5 - MISCELLANEOUS
section: 76
title: Amendment of Schedule
content:
76. —(1) The Minister may, by order in the Gazette , amend, add to or vary the Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: eca-2012
provision_ref: s77
chapter: PART 5 - MISCELLANEOUS
section: 77
title: Exemption
content:
77. The Minister may, by order in the Gazette and with or without conditions, exempt — ( a ) any class or description of goods, business activity or premises from all or any of the provisions of this Act (except Part 4); or ( b ) any class or description of persons from compliance with all or any of the provisions of this Act (except Part 4).


document_id: eca-2012
provision_ref: s78
chapter: PART 5 - MISCELLANEOUS
section: 78
title: Regulations
content:
78. —(1) The Minister may make regulations necessary or expedient for carrying out the purposes and provisions of this Act (except Part 4). (2) Without limiting subsection (1), the Minister may make regulations for or with respect to, or to otherwise make provision for, all or any of the following matters: ( a ) the registration requirements in relation to — (i) regulated goods; (ii) suppliers of regulated goods; and (iii) registrable corporations; ( b ) the form of any application, report, plan or other document mentioned in this Act (except Part 4); ( c ) the preparation of any application, report, plan or other document mentioned in this Act (except Part 4), including the person that should prepare the same and any criteria that the person must satisfy; ( d ) the information and documents to be included in or to accompany any application, report, plan or other document mentioned in this Act (except Part 4); ( e ) without affecting paragraph ( d ), in relation to any report or plan mentioned in this Act (except Part 4), the methods, or criteria for the methods, by which the amounts of reductions, removals, offsets, energy production, energy consumption or any other matters are to be measured or determined, including any one or more of the following: (i) conditions relating to the use of different methods or criteria; (ii) rating systems for those methods; (iii) the particular rating given to each of those methods; ( f ) the period within which any application, report, plan or other document mentioned in this Act (except Part 4) is to be submitted (including at prescribed intervals); ( g ) the manner in which any application, report, plan or other document mentioned in this Act (except Part 4) is to be submitted, including the person that should submit the same and any criteria that the person must satisfy; ( h ) the implementation of energy efficiency measures proposed in any energy efficiency improvement plan under section 28; ( i ) the criteria which any person carrying out any assessment required under this Act (except Part 4) must satisfy; ( j ) in relation to an energy manager under Part 3 — (i) the appointment, training and qualification of an energy manager; (ii) the functions and duties of an energy manager; and (iii) the powers of an energy manager, being necessary powers for the discharge of the energy manager’s functions and duties; ( k ) any fees and charges payable for an application under, or for any purpose of, this Act (except Part 4); ( l ) any other matter that is required or permitted to be prescribed to give effect to this Act (except Part 4). [24/2017; 23/2018] (3) Regulations made under this section may make different provision — ( a ) for different classes, descriptions or types of goods, persons or industry sectors; and ( b ) for different circumstances (including, in relation to subsection (2)( e ), the circumstances in which the reductions, removals, offsets, energy production, energy consumption or other matters occur). [24/2017; 23/2018] (4) The Minister may make regulations for the purpose of coordinating the exercise of powers by the Director-General under this Act and the exercise of powers by any other sector regulator mentioned in Part 4, and may, in particular, make regulations to provide for the procedure to be followed — ( a ) in determining, in a particular case or category of cases, whether the Director-General (or an authorised officer) should exercise his or her powers or whether a sector regulator (or a transport sector authorised officer) should exercise his, her or its powers; and ( b ) where the Director-General and a sector regulator, or their respective authorised officers or transport sector authorised officers, may exercise their respective powers concurrently or conjunctively. (5) The Minister may, in making any regulations under this section, provide that any contravention of any of the provisions of such regulations is an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.


document_id: eca-2012
provision_ref: s79
chapter: PART 5 - MISCELLANEOUS
section: 79
title: Adoption of codes and standards
content:
79. —(1) Any regulations made under section 78 may adopt wholly or partially, or as amended by the regulations or by reference, any code, standard, rule, specification or provision which relates to any matter with which the regulations deal and which — ( a ) is recommended, issued or adopted by any standards organisation or body (whether within or outside Singapore) approved by the Director‑General; or ( b ) is considered by the Director‑General to be appropriate for adoption for the purposes of this Act. (2) The Director‑General must cause a copy of every code, standard, rule, specification or provision adopted under subsection (1) to be made available for inspection by members of the public without charge at the office of the Agency during normal office hours. (3) In any proceedings, a copy certified by the Director‑General as a true copy of a code, standard, rule, specification or provision adopted under subsection (1) is evidence of the code, standard, rule, specification or provision so adopted.


document_id: eca-2012
provision_ref: s80
chapter: PART 5 - MISCELLANEOUS
section: 80
title: Saving and transitional provisions in relation to Part 3
content:
80. Any person who, immediately before 1 September 2013, was a registered supplier under the repealed Part XA of the Environmental Protection and Management Act 1999 is deemed to be a registered supplier under this Act.


document_id: eca-2016
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “approved mediator” means any individual approved by the Commissioner as a mediator for one or more of the following: ( a ) a mediation under Part 2 of a specified employment dispute; ( b ) a tripartite mediation; ( c ) a mediation mentioned in section 115(2A) of the Employment Act 1968; ( d ) a consultation or conciliation under section 8A(5) of the Retirement and Re‑employment Act 1993; ( e ) a mediation or conciliation of any dispute under any other written law that the Commissioner may determine, being a written law relating to employment, employment terms or the relations between employers and employees; “authorised person” means an individual appointed under section 3(3) of the Employment Act 1968 as an authorised person for the purpose of carrying out any function or duty of the Commissioner under this Act; “claim” means a claim lodged with a tribunal, and includes a counterclaim lodged with a tribunal; “claim referral certificate” means a claim referral certificate issued under — ( a ) section 6(2) or 7(7)( a ); or ( b ) section 30H(6) of the Industrial Relations Act 1960; “claimant” means a person who lodges a claim with a tribunal, and includes, for the purposes of Part 2, a person who intends to lodge a claim with a tribunal; “Commissioner” means the Commissioner for Labour appointed under section 3(1) of the Employment Act 1968; “contract of service” means an agreement, whether oral or written and whether express or implied, by which a person agrees to employ an individual, and that individual agrees to serve that person, and includes an apprenticeship agreement; “court” means any court of competent jurisdiction in Singapore; “employee” means an individual who has entered into and works under a contract of service with an employer, and includes — ( a ) any employee of the Government within a category, class or description of such employees prescribed to be employees for the purposes of this Act; and ( b ) for an employment dispute relating to the termination of a contract of service or any mediation request submitted or claim made after the end of a contract of service, the former employee who worked under that contract of service, even though the relationship between employee and employer has ended; “employer” means any person who employs an individual under a contract of service, and includes — ( a ) the Government in respect of any category, class or description of employees of the Government prescribed to be employees for the purposes of this Act; ( b ) a statutory body; ( c ) a person duly authorised by an employer to be the employer’s agent or manager; ( d ) a person who owns, carries on or is responsible for the management of the profession, business, trade or work in which that individual is or was engaged; and ( e ) for an employment dispute relating to the termination of a contract of service or any mediation request submitted or claim made after the end of a contract of service, the former employer, even though the relationship between employee and employer has ended; “employment assistance payment” has the meaning given by section 2(1) of the Retirement and Re‑employment Act 1993; “Industrial Arbitration Court” means an Industrial Arbitration Court established under section 3 of the Industrial Relations Act 1960; “mediation” includes — ( a ) the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; ( b ) the bringing together of the parties to any dispute for that purpose, either at the request of one of the parties to the dispute or on an order of a tribunal under this Act; and ( c ) the follow‑up of any matter which is the subject of any such discussion or settlement; “mediation request” means a request for a mediation under Part 2; “mediation session” means a meeting between 2 or more parties to a dispute for the purposes of a mediation; “Registrar” means the registrar, a deputy registrar or an assistant registrar for the tribunals; “Registry” means the registry established under section 10(1) for the tribunals; “respondent” means a person against whom a claim is made, or who is joined in the capacity of a respondent, and includes, for the purposes of Part 2, a person against whom a claimant intends to make a claim; “salary” has the meaning given by section 2(1) of the Employment Act 1968; “specified contractual dispute” means a dispute, relating to a payment of an amount of money, which arises out of or in the course of employment under a contract of service, about any matter specified in the First Schedule; “specified employment dispute” means a specified contractual dispute, a specified statutory dispute or a wrongful dismissal dispute; “specified statutory dispute” means a dispute, relating to a payment of an amount of money, about any matter specified in the Second Schedule; “tribunal” means a subordinate court called an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970; “tribunal magistrate” means a tribunal magistrate appointed under section 9(1)( a ) or designated under section 9(5); “tripartite guidelines on re‑employment” means the guidelines relating to re‑employment issued under section 11B of the Retirement and Re‑employment Act 1993; “tripartite guidelines on wrongful dismissal” means the guidelines issued under section 35 on what constitutes wrongful dismissal; “tripartite mediation” has the meaning given by section 30F of the Industrial Relations Act 1960; “workman” has the meaning given by section 2(1) of the Employment Act 1968; “wrongful dismissal dispute” means a dispute, relating to the dismissal of an employee, specified in the Third Schedule. [55/2018] (2) When this Act is applied to a counterclaim lodged with a tribunal — ( a ) any reference to a claimant is a reference to a person making the counterclaim; and ( b ) any reference to a respondent is a reference to a person against whom the counterclaim is made. (3) Any Deputy Commissioner for Labour, Principal Assistant Commissioner for Labour or Assistant Commissioner for Labour appointed under section 3(1) of the Employment Act 1968 may, if authorised by the Commissioner, carry out any function or duty, and exercise any power, of the Commissioner under this Act.


document_id: eca-2016
provision_ref: s3
chapter: PART 2 - MEDIATION OF EMPLOYMENT DISPUTES
section: 3
title: Mediation of specified employment dispute
content:
3. —(1) Before a claimant lodges a claim against a respondent, the claimant must submit to the Commissioner a mediation request relating to every specified employment dispute for which the claim will be lodged. (2) The mediation request must be submitted to the Commissioner in the prescribed manner by the following time: ( a ) for any specified employment dispute concerning the recovery, under section 65 of the Employment Act 1968, of salary — within the period mentioned in section 65(2A) of that Act or, if that period is extended under section 65(2B) of that Act, within the extended period; ( b ) for any re‑employment dispute described in section 8A(3) of the Retirement and Re‑employment Act 1993 — not later than 6 months after the last day of employment of the employee; ( c ) for any re‑employment dispute under section 8B(7) of the Retirement and Re‑employment Act 1993 — within the time determined under section 8B(8) of that Act; ( d ) for any wrongful dismissal dispute in relation to which an employee may lodge a claim mentioned in section 14(2) of the Employment Act 1968 — not later than one month after the date of the dismissal of the employee; ( e ) for any wrongful dismissal dispute in relation to which a female employee may lodge a claim mentioned in section 84(2) of the Employment Act 1968 — within 2 months after the date of the employee’s confinement; ( f ) for any specified employment dispute (not being a dispute mentioned in paragraph ( a ), ( b ), ( c ), ( d ) or ( e )) where an employment relationship has ended (whether due to the retirement of the employee, or the expiry or termination of the contract of service, or otherwise) — not later than 6 months after the last day of employment of the employee; ( g ) for any other specified employment dispute — not later than one year after the date on which the material facts giving rise to the earliest specified employment dispute listed in the mediation request occurred. [55/2018] (3) The mediation request — ( a ) subject to paragraphs ( b ) and ( c ), must list every specified employment dispute in relation to which all of the following requirements are satisfied at the time the mediation request is submitted to the Commissioner: (i) if there is a claim for an amount relating to the dispute, that claim satisfies the requirements in section 12(2), (3) and (4); (ii) the material facts giving rise to the dispute occurred not earlier than one year before the date on which that request is submitted to the Commissioner in accordance with subsection (2); (iii) the dispute is not listed in an earlier mediation request (relating to specified employment disputes between the same claimant and the respondent) already accepted by the Commissioner and is not withdrawn before the date of the first mediation session to be conducted pursuant to the earlier mediation request; ( b ) must not list a specified employment dispute if — (i) paragraph ( a ) requires an earlier mediation request that was submitted by the claimant and accepted by the Commissioner to list the dispute; and (ii) the requirements prescribed for this sub‑paragraph are not satisfied in relation to the dispute; ( c ) must not list a specified employment dispute if — (i) there is a claim for an amount relating to the dispute; and (ii) under section 16, that claim cannot be lodged by the claimant with a tribunal; and ( d ) must be accompanied by the prescribed fee for a mediation under this Part. [55/2018] (4) The Commissioner may — ( a ) refuse to accept a mediation request if — (i) that request does not comply with the requirements in subsections (2) and (3); or (ii) the requirement in section 12(7) cannot be satisfied in relation to that claim; ( b ) waive, remit or refund, wholly or in part, the fee mentioned in subsection (3)( d ); and ( c ) pay the whole or a part of the fee mentioned in subsection (3)( d ) to a person who is prescribed, or who belongs to a class of persons that is prescribed, in lieu of the Consolidated Fund. (5) Upon accepting the mediation request, the Commissioner must, as soon as reasonably practicable, refer every specified employment dispute listed in that request for mediation by an approved mediator. (6) Regulations made under section 34 may — ( a ) prescribe the manner in which a mediation request is to be submitted to the Commissioner; ( b ) prescribe the persons (or classes of persons) who may submit a mediation request relating to a specified employment dispute on behalf of a claimant, the classes of claimants on whose behalf any such mediation request may be submitted, and the categories of specified employment disputes to which any such mediation request may relate, including different persons (or classes of persons) for different classes of claimants and different categories of specified employment disputes; ( c ) prescribe the requirements mentioned in subsection (3)( b )(ii); ( d ) prescribe the fee mentioned in subsection (3)( d ), including different fees for different classes of claimants and respondents and different categories of specified employment disputes; ( e ) prescribe any person or class of persons mentioned in subsection (4)( c ); ( f ) provide for the review by the Commissioner of any decision made by the Commissioner under subsection (4)( a ) or ( b ), and the time within which the application for the review must be made; and ( g ) provide for the amendment of the list of specified employment disputes in a mediation request accepted by the Commissioner. (7) The Minister may, by order in the Gazette , lengthen or shorten one or more of the following periods, either absolutely or for any class of claimants, any class of respondents and any category of specified employment disputes: ( a ) the period of 6 months mentioned in subsection (2)( f ); ( b ) the period of one year mentioned in subsection (2)( g ); ( c ) the period of one year mentioned in subsection (3)( a )(ii). (8) This section does not apply to a claim if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of the specified employment disputes to which the claim relates.


document_id: eca-2016
provision_ref: s4
chapter: PART 2 - MEDIATION OF EMPLOYMENT DISPUTES
section: 4
title: Conduct of mediation sessions
content:
4. —(1) An approved mediator must conduct the first mediation session for a specified employment dispute as soon as is reasonably practicable after that dispute is referred under section 3(5), 7(5)( b )(ii) or 22(8) to the approved mediator. (2) Despite subsection (1), an approved mediator need not conduct any mediation session for a specified employment dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation. (3) Each mediation session must be held in private. (4) Despite subsection (3) — ( a ) the Commissioner may refer all of the specified employment disputes mentioned in subsection (5)( a ), ( b ) or ( c ) for mediation by the same approved mediator; and ( b ) that approved mediator may conduct the mediation sessions for all of the specified employment disputes mentioned in subsection (5)( a ), ( b ) or ( c ) together at the same time and place. [55/2018] (5) Subsection (4) applies where — ( a ) 2 or more claimants have submitted to the Commissioner mediation requests for the mediation under this Part of specified employment disputes with the same respondent, and the Commissioner is satisfied that all of those disputes are similar in nature; ( b ) 2 claimants intend to lodge claims against each other, and each claimant has submitted to the Commissioner a mediation request for the mediation under this Part of that claimant’s specified employment disputes with the other claimant; or ( c ) the same claimant has submitted to the Commissioner 2 or more mediation requests for the mediation under this Part of specified employment disputes (each concerning the recovery, under section 65 of the Employment Act 1968, of the same salary) with different respondents. [55/2018] (6) Regulations made under section 34 may provide for any matter relating to the conduct of a mediation session.


document_id: eca-2016
provision_ref: s5
chapter: PART 2 - MEDIATION OF EMPLOYMENT DISPUTES
section: 5
title: Representation at mediation under this Part
content:
5. —(1) Except as provided in subsections (2) and (3), a party to a mediation under this Part — ( a ) must act in person; ( b ) cannot be represented by an advocate and solicitor; and ( c ) cannot be represented by an agent, whether paid or otherwise. (2) A party other than an individual may be represented — ( a ) if the party is the Government, by a public officer; ( b ) if the party is a body corporate, by an officer, or a full‑time employee, of the body corporate; ( c ) if the party is a partnership, by a partner, or a full‑time employee, of the partnership; ( d ) if the party is an unincorporated association, by a member of the governing body, or a full‑time employee, of the unincorporated association; or ( e ) by any other individual prescribed by regulations made under section 34. (3) A party who is an individual may be represented by any other individual prescribed by regulations made under section 34. (4) For the purposes of subsections (2)( e ) and (3), the regulations made under section 34 may prescribe different individuals for different parties and different circumstances. (5) In this section — “body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate.


document_id: eca-2016
provision_ref: s6
chapter: PART 2 - MEDIATION OF EMPLOYMENT DISPUTES
section: 6
title: Claim referral certificate
content:
6. —(1) This section applies where — ( a ) a claimant submits to the Commissioner a mediation request; and ( b ) the Commissioner refers any specified employment dispute listed in that request to an approved mediator. (2) The approved mediator to whom is referred any specified employment dispute in a mediation request must issue to the claimant a claim referral certificate in respect of every unresolved specified employment dispute listed in the mediation request, if — ( a ) the respondent is given reasonable notice of, but does not attend, the mediation for that dispute; ( b ) no settlement is reached at the end of the mediation in relation to one or more of the specified employment disputes listed in the mediation request; or ( c ) the approved mediator is satisfied that there is no reasonable prospect of settling through mediation the specified employment dispute. (3) Despite subsection (2), if a claimant submits a mediation request but, without reasonable excuse, fails to attend any mediation session to which that request relates, the approved mediator may — ( a ) discontinue the mediation; and ( b ) refuse to issue to the claimant a claim referral certificate in respect of all or any of the unresolved specified employment disputes listed in that request. (4) In this section, a specified employment dispute listed in a mediation request is unresolved if the dispute — ( a ) is not settled; and ( b ) is not withdrawn from the list of specified employment disputes in the mediation request.


document_id: eca-2016
provision_ref: s7
chapter: PART 2 - MEDIATION OF EMPLOYMENT DISPUTES
section: 7
title: Settlement of specified employment dispute
content:
7. —(1) Where a specified employment dispute is settled at a mediation under this Part, or at a tripartite mediation conducted by an approved mediator — ( a ) the parties to the settlement must enter into a settlement agreement in the form prescribed by Rules of Court made under section 33; ( b ) the total amount payable to a party under the settlement agreement, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) settled at the mediation, must not exceed the prescribed claim limit in section 12(7)( a ) that is applicable to that party; ( c ) the total amount payable to a party under the settlement agreement, in respect of every wrongful dismissal dispute (if any) settled at the mediation, must not exceed the prescribed claim limit in section 12(7)( b ) that is applicable to that party; and ( d ) the settlement agreement must be signed by or on behalf of each party. [55/2018] (2) A District Court may register a settlement agreement on the application of any party to the settlement agreement, but may refuse to register if the application is not made within the period prescribed by Rules of Court made under section 33 for this purpose. (3) Where the settlement agreement is registered in a District Court — ( a ) the settlement agreement is, for the purposes of execution or enforcement, of the same force and effect as if the settlement agreement had been a judgment given in the District Court and entered on the date of the registration; [Act 25 of 2021 wef 01/04/2022] ( b ) proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the District Court; and ( c ) any amount (payable to a person) for which the settlement agreement is registered carries interest as if that amount was a judgment debt. (4) Where a settlement agreement is registered in a District Court, any party to the settlement agreement may, within the period prescribed by Rules of Court made under section 33, apply to a District Court to set aside the registration of the settlement agreement. (5) A District Court hearing an application under subsection (4) may, if any condition in subsection (6) is satisfied — ( a ) set aside the registration of the settlement agreement; and ( b ) do either or both of the following: (i) set aside the settlement agreement; (ii) refer any specified employment dispute purportedly resolved by the settlement agreement for mediation under this Part (if the settlement agreement arose from a mediation under this Part) or for tripartite mediation to be conducted by an approved mediator (if the settlement agreement arose from a tripartite mediation conducted by an approved mediator), with or without the consent of the parties to the settlement agreement. (6) For the purposes of subsection (5), the conditions are as follows: ( a ) the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract; ( b ) the settlement agreement includes subject matter that does not relate to a specified employment dispute; ( c ) any term of the settlement agreement is not capable of enforcement as an order made by a District Court; ( d ) the registration of the settlement agreement is contrary to public policy. (7) Where a District Court sets aside under subsection (5)( b )(i) a settlement agreement, and refers under subsection (5)( b )(ii) any specified employment dispute purportedly resolved by the settlement agreement for mediation under this Part, the following apply: ( a ) the approved mediator must issue to the claimant a claim referral certificate in respect of every unresolved specified employment dispute referred by the District Court, if — (i) the respondent is given reasonable notice of, but does not attend, the mediation; (ii) no settlement is reached at the end of the mediation in relation to one or more of the specified employment disputes referred by the District Court; or (iii) the approved mediator is satisfied that there is no reasonable prospect of settling through mediation one or more of the specified employment disputes referred by the District Court; ( b ) despite paragraph ( a ), if the claimant, without reasonable excuse, fails to attend any mediation session, the approved mediator may — (i) discontinue the mediation; and (ii) refuse to issue to the claimant a claim referral certificate in respect of all or any of the unresolved specified employment disputes referred by the District Court. (8) In subsection (7), a specified employment dispute is unresolved if the dispute is not settled and is not withdrawn by the claimant. (9) To avoid doubt, where a District Court sets aside under subsection (5)( b )(i) a settlement agreement, and refers under subsection (5)( b )(ii) any specified employment dispute purportedly resolved by the settlement agreement for tripartite mediation to be conducted by an approved mediator, section 30H(3) to (9) of the Industrial Relations Act 1960 applies to that dispute as it applies to a dispute of which the Commissioner is notified under section 30H(2) of that Act.


document_id: eca-2016
provision_ref: s8
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 8
title: Establishment of tribunals
content:
8. The President may, under section 4 of the State Courts Act 1970, constitute one or more Employment Claims Tribunals.


document_id: eca-2016
provision_ref: s9
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 9
title: Appointment and qualifications of tribunal magistrate
content:
9. —(1) A tribunal is presided over by — ( a ) a tribunal magistrate appointed by the President on the recommendation of the Chief Justice; or ( b ) a tribunal magistrate designated under subsection (5). (2) An individual is eligible for appointment under subsection (1)( a ) as a tribunal magistrate if the individual is a qualified person as defined in section 2(1) of the Legal Profession Act 1966. (3) An individual appointed under subsection (1)( a ) as a tribunal magistrate holds office for a term specified in the individual’s instrument of appointment, and may be re‑appointed. (4) Despite subsection (3), the President may, on the recommendation of the Chief Justice, at any time revoke the appointment under subsection (1)( a ) of a tribunal magistrate. (5) The Presiding Judge of the State Courts may designate any District Judge as a tribunal magistrate. (6) Any individual appointed under subsection (1)( a ) or designated under subsection (5) as a tribunal magistrate may, although the period of the individual’s appointment or designation has expired, or the individual’s appointment or designation has been revoked, sit as a tribunal magistrate for the purpose of giving judgment or otherwise in relation to any case heard by the individual as a tribunal magistrate.


document_id: eca-2016
provision_ref: s10
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 10
title: Registry
content:
10. —(1) A registry is established for the tribunals. (2) The Registry keeps all records of the tribunals.


document_id: eca-2016
provision_ref: s11
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 11
title: Registrar, deputy registrars, assistant registrars and other officers
content:
11. —(1) The registrar of the State Courts is the registrar for the tribunals. (2) The Chief Justice may appoint deputy registrars, assistant registrars and other officers for the tribunals to assist the registrar for the tribunals in the administration of this Part and the Registry. (3) To the extent authorised by this Act or by Rules of Court made under section 33, the jurisdiction and powers of a tribunal may be exercised by the registrar for the tribunals. (4) All the powers and duties of the registrar for the tribunals may be exercised and performed by a deputy registrar or an assistant registrar for the tribunals. Division 2 &#x2014; Jurisdiction of tribunals


document_id: eca-2016
provision_ref: s12
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 12
title: Jurisdiction of tribunal to hear and determine claims
content:
12. —(1) Subject to this Act, a tribunal has jurisdiction to hear and determine any claim in relation to which all applicable requirements set out in subsections (2) to (7) are satisfied, regardless whether the dispute giving rise to the claim arose before, on or after 1 April 2017. (2) The claim must be made — ( a ) by an employee who is prescribed or belongs to a prescribed class of employees (or a person entitled under any written law to receive an amount claimed (if any) in place of the employee) against the employer of the employee; ( b ) by an employee who is prescribed or belongs to a prescribed class of employees (or a person entitled under any written law to receive the amount claimed in place of the employee) against a person liable under section 65 of the Employment Act 1968 for the employee’s salary; or ( c ) by an employer who is prescribed or belongs to a prescribed class of employers (or a person entitled under any written law to receive the amount claimed in place of the employer) against an employee of the employer for an amount relating to a specified employment dispute concerning — (i) any matter specified in item 17 of the First Schedule or item 14 or 16 of the Second Schedule; or (ii) any other matter specified in the First or Second Schedule that is prescribed for the purposes of this sub‑paragraph. [55/2018] (3) The claim must be for either or both of the following: ( a ) one or more amounts alleged to be payable by the respondent to the claimant; ( b ) reinstatement, by the respondent, of the claimant in the claimant’s former employment, in a case where the claim is lodged in respect of a wrongful dismissal dispute. [55/2018] (4) Each amount alleged to be payable under the claim must relate to a specified employment dispute. (5) The claim must be supported by a claim referral certificate issued in respect of every specified employment dispute for which the claim is lodged. (6) The claim must be lodged with the tribunal within the prescribed period after the date of issue of the claim referral certificate supporting the claim. (7) The total amount alleged to be payable under the claim must satisfy the following conditions: ( a ) the total amount alleged to be payable under the claim, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which the claim is lodged, must not exceed the prescribed claim limit applicable to the claimant for the purposes of this paragraph; ( b ) the total amount alleged to be payable under the claim, in respect of every wrongful dismissal dispute (if any) for which the claim is lodged, must not exceed the prescribed claim limit applicable to the claimant for the purposes of this paragraph. [55/2018] (8) Regulations made under section 34 may — ( a ) prescribe different employees or classes of employees for different categories of claims or different categories of specified employment disputes; ( b ) prescribe different employers or classes of employers for different categories of claims or different categories of specified employment disputes; ( c ) prescribe any matter mentioned in subsection (2)( c )(ii); ( d ) prescribe the period in subsection (6), including different periods for different categories of claims and different circumstances; and ( e ) prescribe the claim limits in subsection (7)( a ) and ( b ), including different claim limits for different classes of claimants and different circumstances. [55/2018]


document_id: eca-2016
provision_ref: s13
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 13
title: Lodging of claim
content:
13. —(1) A claim is lodged with a tribunal by filing the claim with the Registry. (2) Every claim — ( a ) must be filed in the form and manner — (i) prescribed by Rules of Court made under section 33; or (ii) specified in practice directions issued by the registrar of the State Courts; and ( b ) must be accompanied by — (i) a claim referral certificate issued in respect of every specified employment dispute for which the claim is lodged; (ii) any other documents that may be — (A) prescribed by Rules of Court made under section 33; or (B) specified in practice directions issued by the registrar of the State Courts; and (iii) the court fee (if any) prescribed by Rules of Court made under section 33.


document_id: eca-2016
provision_ref: s14
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 14
title: No division of claim
content:
14. A claim cannot be divided and pursued in separate proceedings before a tribunal if the only reason for doing so is to bring the total amount alleged to be payable in each of those proceedings within the jurisdiction of a tribunal.


document_id: eca-2016
provision_ref: s15
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 15
title: Claimant may abandon part of claim
content:
15. —(1) Where — ( a ) the total amount alleged to be payable under a claim, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which the claim is lodged, exceeds the prescribed claim limit in section 12(7)( a ) that is applicable to the claimant; or ( b ) the total amount alleged to be payable under a claim, in respect of every wrongful dismissal dispute (if any) for which the claim is lodged, exceeds the prescribed claim limit in section 12(7)( b ) that is applicable to the claimant, the claimant may abandon the excess amount. [55/2018] (2) If the claimant abandons the excess amount — ( a ) the requirement in section 12(7) is deemed to be satisfied in relation to the claim; ( b ) the tribunal has jurisdiction to hear and determine the claim; and ( c ) an order of the tribunal in relation to the claim fully discharges all demands in respect of the claim. [55/2018] (3) Where the claimant has abandoned the excess amount, the claimant cannot recover that amount in a tribunal or any other court.


document_id: eca-2016
provision_ref: s16
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 16
title: Other proceedings relating to claim
content:
16. —(1) A claim relating to a specified employment dispute cannot be lodged with a tribunal if — ( a ) any proceedings relating to that claim are pending in, or have been heard and determined by, any other court or an Industrial Arbitration Court; or ( b ) a claim lodged under section 119 of the Employment Act 1968 in respect of that dispute is pending, or the Commissioner has inquired into and decided that dispute under section 115 of that Act. [55/2018] (2) Despite any other written law, where a claim relating to a specified employment dispute is lodged with a tribunal, no proceedings relating to that claim can be commenced in any other court or an Industrial Arbitration Court by either party against the other, unless the claim is withdrawn, discontinued or dismissed for lack of jurisdiction. [55/2018] (3) Where an employee is dismissed, the employee cannot lodge with a tribunal a claim for any amount relating to a specified employment dispute concerning a matter specified in item 17 of the First Schedule, or item 13 or 15 of the Second Schedule, that arises from that dismissal, if — ( a ) the employee — (i) has made representations in writing under section 35(3) of the Industrial Relations Act 1960 to the Minister mentioned in that provision; or (ii) has made representations in writing under section 8(1) of the Retirement and Re‑employment Act 1993 to the Minister mentioned in that provision; and ( b ) either of the following applies: (i) the employee does not withdraw those representations; (ii) the Minister concerned makes a decision on those representations. [55/2018] (4) Where an employee is dismissed, and the employee lodges with a tribunal a claim for any amount relating to a specified employment dispute concerning a matter specified in item 17 of the First Schedule, or item 13 or 15 of the Second Schedule, that arises from that dismissal — ( a ) the claim is deemed to be discontinued, if the employee — (i) makes representations in writing under section 35(3) of the Industrial Relations Act 1960 to the Minister mentioned in that provision; or (ii) makes representations in writing under section 8(1) of the Retirement and Re‑employment Act 1993 to the Minister mentioned in that provision; and ( b ) the claim is deemed to be discontinued with effect from the date on which the employee makes those representations. [55/2018] (5) Where an employee is dismissed, the employee cannot lodge with a tribunal a claim relating to a wrongful dismissal dispute, if — ( a ) the employee has made representations in writing under section 35(3) of the Industrial Relations Act 1960 to the Minister mentioned in that provision; and ( b ) either of the following applies: (i) the employee does not withdraw those representations; (ii) the Minister concerned makes a decision on those representations. [55/2018] (6) Where an employee is dismissed, and the employee lodges with a tribunal a claim relating to a wrongful dismissal dispute — ( a ) the claim is deemed to be discontinued, if the employee makes representations in writing under section 35(3) of the Industrial Relations Act 1960 to the Minister mentioned in that provision; and ( b ) the claim is deemed to be discontinued with effect from the date on which the employee makes those representations. [55/2018] (7) Where an employee has made representations in writing under section 8B(1) of the Retirement and Re‑employment Act 1993 to the Minister mentioned in that provision, the employee cannot lodge with a tribunal a claim for employment assistance payment, unless — ( a ) that Minister allows, under section 8B(7) of that Act, the employee to submit to the Commissioner a mediation request in respect of the specified employment dispute for which the employee’s claim for employment assistance payment will be lodged; and ( b ) a claim referral certificate is issued in respect of that dispute. (8) Where, after an employee has lodged with a tribunal a claim for employment assistance payment, the employee makes representations in writing under section 8B(1) of the Retirement and Re‑employment Act 1993 to the Minister mentioned in that provision — ( a ) the claim is stayed until that Minister decides whether to allow, under section 8B(7) of that Act, the employee to submit to the Commissioner a mediation request in respect of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged; ( b ) if that Minister decides not to allow the employee to submit to the Commissioner a mediation request in respect of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged, the claim is deemed to be discontinued with effect from the date of that Minister’s decision; and ( c ) if that Minister decides to allow the employee to submit to the Commissioner a mediation request in respect of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged, the employee may proceed with the claim. (9) Where an employee has lodged with a tribunal a claim for employment assistance payment, the employer of the employee cannot defend the claim on the ground that the employee does not satisfy the re‑employment eligibility criteria set out in section 7(1) of the Retirement and Re‑employment Act 1993, if the employer did not raise this defence during the mediation under Part 2 of the specified employment dispute concerning the employment assistance payment.


document_id: eca-2016
provision_ref: s17
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 17
title: Transfer of proceedings
content:
17. —(1) Where it appears to an appropriate court, on the application of a party to any proceedings before a tribunal, that there is sufficient reason for those proceedings, or a counterclaim in those proceedings, to be dealt with by that court, that court may order those proceedings or that counterclaim (as the case may be) to be transferred to that court. (2) An application under subsection (1) must be made within the time and manner prescribed by Rules of Court made under section 33. (3) An order under subsection (1) may be made on any terms that the appropriate court thinks fit. (4) Where the appropriate court orders under subsection (1) that a counterclaim in proceedings before a tribunal be transferred to that court, and the tribunal determines the claim in those proceedings by ordering the respondent to pay money to the claimant, unless that court at any time otherwise orders, execution or enforcement on the tribunal’s order is stayed until the proceedings on the counterclaim are concluded. [Act 25 of 2021 wef 01/04/2022] (5) In this section, “appropriate court” means the General Division of the High Court, a District Court or a Magistrate’s Court. [40/2019] Division 3 &#x2014; Proceedings before tribunal


document_id: eca-2016
provision_ref: s18
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 18
title: Proceedings conducted in private unless tribunal orders otherwise
content:
18. —(1) Subject to subsections (2), (3), (4) and (5), all proceedings before a tribunal are to be conducted in private. [55/2018] (2) A tribunal may, on its own initiative or on the application of any party to the proceedings, and in the manner prescribed by Rules of Court made under section 33, do either or both of the following: ( a ) allow one or more individuals to assist in resolving the claim amicably through mediation or conciliation; ( b ) allow one or more individuals of skill and experience in the matter to which the proceedings relate to sit with the tribunal and act as assessors. (3) A tribunal may permit an officer appointed under section 3(2) of the Employment Act 1968 to participate in any proceedings before a tribunal by doing one or more of the following: ( a ) giving evidence in the proceedings; ( b ) producing any document, record or thing that is relevant to the proceedings; ( c ) making submissions in the proceedings. [55/2018] (4) A tribunal may permit one or more of the following to observe the hearing of a claim: ( a ) any prescribed individual; ( b ) any individual belonging to a prescribed class of individuals; ( c ) any other individual that the tribunal deems fit. (5) Regulations made under section 34 may prescribe different individuals or classes of individuals for different categories of claims for the purposes of subsection (4). (6) To avoid doubt, subsection (1) does not prevent a tribunal from hearing 2 or more claims together, if it appears to the tribunal that doing so is convenient and does not prejudice any party to any of those claims.


document_id: eca-2016
provision_ref: s19
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 19
title: Representation before tribunal
content:
19. —(1) Except as provided in subsections (2) and (3), a party to proceedings before a tribunal — ( a ) must act in person; ( b ) cannot be represented by an advocate and solicitor; and ( c ) cannot be represented by an agent, whether paid or otherwise. (2) A party other than an individual may be represented — ( a ) if the party is the Government, by a public officer; ( b ) if the party is a body corporate, by an officer, or a full‑time employee, of the body corporate; ( c ) if the party is a partnership, by a partner, or a full‑time employee, of the partnership; ( d ) if the party is an unincorporated association, by a member of the governing body, or a full‑time employee, of the unincorporated association; or ( e ) by any other individual prescribed by regulations made under section 34. (3) A party who is an individual may be represented by any other individual by regulations made under section 34. (4) For the purposes of subsections (2)( e ) and (3), the regulations made under section 34 may prescribe different individuals for different parties and different circumstances. (5) In this section — “body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate.


document_id: eca-2016
provision_ref: s20
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 20
title: Hearing to be informal, etc.
content:
20. —(1) Proceedings before a tribunal are to be conducted in an informal manner. (2) A tribunal, when dealing with any claim, is to adopt a judge‑led approach, that is to say, the tribunal — ( a ) is to identify the relevant issues in the claim; and ( b ) is to ensure that the relevant evidence is adduced by the parties to the proceedings before the tribunal. (3) In adopting a judge‑led approach, a tribunal may, at any time, on its own initiative or on the application of any party to the proceedings before the tribunal, direct any party or parties to those proceedings to appear before the tribunal, for the tribunal to make such order or give such direction as the tribunal thinks fit, for the just, expeditious and economical disposal of the claim. (4) A tribunal may, on its own initiative or at the request of any party, summon any person to do either or both of the following: ( a ) give evidence in any proceedings before a tribunal; ( b ) produce any document, record or thing which is relevant in any proceedings before a tribunal. (5) A tribunal may inquire into any matter which the tribunal considers relevant to a claim, whether or not the matter is raised by a party to the claim. (6) When deciding any claim for employment assistance payment, or calculating the amount of an employment assistance payment, a tribunal may take into account the tripartite guidelines on re‑employment. [55/2018] (7) When deciding any claim involving a wrongful dismissal dispute, a tribunal — ( a ) is to have regard to the tripartite guidelines on wrongful dismissal; and ( b ) if any compensation is claimed, is to calculate the amount of that compensation in accordance with any regulations made under section 34(1). [55/2018] (8) To avoid doubt, if any party to any proceedings before a tribunal, without reasonable excuse, fails to attend those proceedings, a tribunal may hear the claim and make its decision in the absence of that party, even if the interests of that party may be prejudicially affected by the decision of the tribunal.


document_id: eca-2016
provision_ref: s21
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 21
title: Evidence
content:
21. —(1) A tribunal — ( a ) is not bound by the rules of evidence in the conduct of any proceedings; and ( b ) may inform itself on any matter in any manner that the tribunal thinks fit. (2) A tribunal may draw any inferences that the tribunal thinks fit from a party’s failure to comply with any obligation of that party under any written law specified in the Fourth Schedule, including (but not limited to) an inference that any evidence that is not available on account of that party’s failure to comply with that obligation would, if produced, have been unfavourable to that party. [55/2018] (3) Subject to subsection (4), evidence tendered to a tribunal need not be given on oath or affirmation. (4) A tribunal may — ( a ) require the whole or any part of any evidence tendered to a tribunal, whether orally or in writing, to be given on oath or affirmation; and ( b ) for that purpose, administer an oath or affirmation. (5) A tribunal may, on its own initiative, seek such other evidence, and make such other investigations and inquiries, as the tribunal thinks fit. (6) All evidence and information obtained by a tribunal under subsection (5) for any proceedings must be disclosed to every party to those proceedings. (7) A tribunal may require any written evidence given in proceedings before a tribunal to be verified by statutory declaration. (8) A tribunal need not keep a record of the evidence given in any proceedings before the tribunal, but must make — ( a ) a summary of the facts and issues in dispute, as determined by the tribunal; and ( b ) notes of the proceedings.


document_id: eca-2016
provision_ref: s22
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 22
title: Orders of tribunal
content:
22. —(1) A tribunal may determine a claim within the tribunal’s jurisdiction by making one or more of the following orders: ( a ) an order requiring a party to pay money to another party; ( b ) an order dismissing the whole or any part of the claim; ( c ) an order requiring a party to pay costs to another party; ( d ) an order requiring an employer to reinstate an employee in the employee’s former employment. [55/2018] (2) In deciding whether to make an order under subsection (1)( c ), a tribunal may take into account any of the following matters: ( a ) whether the claim was frivolous or vexatious; ( b ) whether a party without reasonable excuse failed to attend a mediation under Part 2, or a tripartite mediation (conducted by an approved mediator), of a specified employment dispute for which the claim is lodged; ( c ) whether any party without reasonable excuse failed to attend any proceedings before the tribunal which that party was required to attend. (3) A tribunal’s order under subsection (1) is subject to any conditions that the tribunal thinks fit to impose. (4) The total amount of money that a tribunal orders to be paid to a party under subsection (1)( a ), in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)( a ) that is applicable to the party. [55/2018] (5) The total amount of money that a tribunal orders to be paid to a party under subsection (1)( a ), in respect of every wrongful dismissal dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)( b ) that is applicable to the party. [55/2018] (6) To avoid doubt — ( a ) any amount of money that a tribunal orders to be paid under subsection (1)( a ) does not include any costs that a tribunal orders to be paid under subsection (1)( c ); and ( b ) where a tribunal orders a party to pay an amount of money under subsection (1)( a ) and costs under subsection (1)( c ), any money paid by the party is to be applied first to the payment of the amount under subsection (1)( a ), and then to the payment of the costs under subsection (1)( c ). (7) Where a tribunal does not have jurisdiction to determine a claim or any part of a claim, that claim or part (as the case may be) must be dismissed for lack of jurisdiction. (8) A tribunal may, instead of determining a claim by making an order under subsection (1), refer any specified employment dispute for which the claim is lodged for mediation under Part 2 (if the claim arose from a mediation under Part 2) or for tripartite mediation to be conducted by an approved mediator (if the claim arose from a tripartite mediation conducted by an approved mediator), with or without the consent of the parties. (9) A tribunal may, when making a referral under subsection (8), order all or any of the parties to personally attend the mediation under Part 2 or the tripartite mediation (as the case may be). (10) A tribunal may correct an order made by the tribunal within 14 days after the date on which the order is made, or correct a statement of the tribunal’s grounds for making the order within 14 days after the date on which the statement is issued by the tribunal, to the extent necessary to rectify any of the following things: ( a ) a clerical mistake; ( b ) an error arising from an accidental slip or omission; ( c ) a material miscalculation of figures, or a material mistake in the description of any person, thing or matter, referred to in the order or statement (as the case may be); ( d ) a defect of form. (11) The tribunal may make the correction in subsection (10) on its own initiative or on the application of a party to the proceedings before the tribunal. (12) Every order made by a tribunal under subsection (1) may be enforced in the same manner as a judgment given or an order made by a District Court. Division 4 &#x2014; Appeals


document_id: eca-2016
provision_ref: s23
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 23
title: Appeal to General Division of High Court
content:
23. —(1) Any party to proceedings before a tribunal may appeal to the General Division of the High Court against an order made by the tribunal under section 22(1) — ( a ) on any ground involving a question of law; or ( b ) on the ground that the claim was outside the jurisdiction of the tribunal. [40/2019] (2) An appeal lies to the General Division of the High Court under this section only if permission to appeal is given by a District Court. [40/2019] [Act 25 of 2021 wef 01/04/2022] (3) Where the only reason for appealing against an order made by a tribunal under section 22(1) is to rectify anything mentioned in section 22(10)( a ) to ( d ), a District Court may, instead of giving permission to appeal — ( a ) extend the time under section 22(10) for the correction of the order; and ( b ) remit the matter to a tribunal for the correction of the order in accordance with section 22(10) and (11) (except to the extent that the time under section 22(10) may have been extended). [Act 25 of 2021 wef 01/04/2022] (4) Each of the following is final and is not subject to any appeal: ( a ) any order of a District Court giving or refusing permission under subsection (2); [Act 25 of 2021 wef 01/04/2022] ( b ) any order of a District Court extending or refusing to extend under subsection (3)( a ) the time under section 22(10) for the correction of an order made by a tribunal; ( c ) any order of a District Court remitting or refusing to remit under subsection (3)( b ) a matter to a tribunal.


document_id: eca-2016
provision_ref: s24
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 24
title: Appeal does not operate as stay of execution or enforcement
content:
24. —(1) An appeal against an order made by a tribunal under section 22(1) does not operate as a stay of execution or enforcement of that order, unless a District Court or the General Division of the High Court orders otherwise. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) A District Court or the General Division of the High Court may direct that a stay of execution or enforcement (of an order made by a tribunal) be subject to any conditions that the District Court or the General Division of the High Court thinks fit to impose, including conditions as to costs, payment into a District Court or the General Division of the High Court, or the giving of security. [40/2019] [Act 25 of 2021 wef 01/04/2022] (3) Any order or direction of a District Court on an application for a stay of execution or enforcement (of an order made by a tribunal) is final and is not subject to any appeal. [Act 25 of 2021 wef 01/04/2022] (4) The General Division of the High Court may order a stay of execution or enforcement of an order made by a tribunal, or give a direction under subsection (2), only if — ( a ) a District Court has given under section 23(2) permission to appeal against the order made by the tribunal; and [Act 25 of 2021 wef 01/04/2022] ( b ) no application was made to any District Court for a stay of execution or enforcement of the order made by the tribunal. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: eca-2016
provision_ref: s25
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 25
title: Powers of General Division of High Court on appeal
content:
25. —(1) On an appeal against an order made by a tribunal, the General Division of the High Court may — ( a ) dismiss the appeal; ( b ) allow the appeal and set aside or vary the order; or ( c ) remit the matter to the tribunal for reconsideration, or order a rehearing of the matter by a different tribunal, with any directions that the General Division of the High Court thinks fit to give. [40/2019] (2) The General Division of the High Court may also make on the appeal any other orders (including an order as to costs and expenses) that the General Division of the High Court thinks fit, but must not — ( a ) reverse or vary any determination made by a tribunal on a question of fact; or ( b ) receive further evidence. [40/2019] (3) When deciding an appeal against an order made by a tribunal on a claim for employment assistance payment, or on the calculation of the amount of an employment assistance payment, the General Division of the High Court may take into account the tripartite guidelines on re-employment. [55/2018; 40/2019] (4) When deciding an appeal against an order made by a tribunal on a claim involving a wrongful dismissal dispute, the General Division of the High Court — ( a ) is to have regard to the tripartite guidelines on wrongful dismissal; and ( b ) if any compensation is claimed, is to calculate the amount of that compensation in accordance with any regulations made under section 34(1). [55/2018; 40/2019]


document_id: eca-2016
provision_ref: s26
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 26
title: Finality of decision of General Division of High Court
content:
26. Any judgment, order or direction of the General Division of the High Court on any of the following matters is final: ( a ) an appeal against an order made by a tribunal; ( b ) an application for a stay of execution or enforcement of an order made by a tribunal. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: eca-2016
provision_ref: s27
chapter: PART 3 - EMPLOYMENT CLAIMS
section: 27
title: Burden of proof
content:
27. —(1) In any proceedings under this Act before a tribunal or the General Division of the High Court, a person who makes any of the following allegations bears the burden of proving that allegation: ( a ) an allegation that the person is not the employer or employee of the claimant; ( b ) an allegation that the person is not a person who has a duty under any of the following Acts to do or abstain from doing any thing: (i) the Child Development Co‑Savings Act 2001; (ii) the Employment Act 1968; (iii) the Retirement and Re‑employment Act 1993. [55/2018; 40/2019] (2) In any proceedings under this Act before a tribunal or the General Division of the High Court, the following apply: ( a ) where an employee is dismissed without notice by an employer under section 14(1) of the Employment Act 1968, and the employee lodges a claim mentioned in section 14(2) of that Act against the employer — the employer bears the burden of proving the allegation that the employee was dismissed with just cause or excuse; ( b ) where an employee is dismissed with notice by an employer, and the notice of dismissal is or purports to be given on the ground that there has been poor performance or misconduct by the employee — the employer bears the burden of proving that ground for giving the notice of dismissal; ( c ) where a notice of dismissal is given to a female employee by an employer in the circumstances mentioned in section 84(1)( a ), ( b ) or ( c ) of the Employment Act 1968, and the female employee lodges a claim mentioned in section 84(2) of that Act against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause; ( d ) where a notice of dismissal is given to a female employee mentioned in section 12(1) of the Child Development Co‑Savings Act 2001 by an employer in the circumstances mentioned in section 84(1)( a ), ( b ) or ( c ) of the Employment Act 1968 (as applied to the female employee), and the female employee lodges a claim mentioned in section 84(2) of the Employment Act 1968 (as applied to the female employee) against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause. [55/2018; 40/2019]


document_id: eca-2016
provision_ref: s28
chapter: PART 4 - MISCELLANEOUS
section: 28
title: Restriction on contracting out
content:
28. Any provision in any agreement (whether made before, on or after 1 April 2017) is void to the extent that it purports — ( a ) to exclude or limit the jurisdiction of a tribunal; or ( b ) to prevent a person from — (i) submitting a mediation request; or (ii) making a claim, an application or an appeal under this Act.


document_id: eca-2016
provision_ref: s29
chapter: PART 4 - MISCELLANEOUS
section: 29
title: Disclosure of information
content:
29. —(1) Despite sections 4 and 18, the Commissioner, an approved mediator, a tribunal magistrate or a Registrar may disclose information relating to a mediation request, a mediation under Part 2, a claim or any proceedings before a tribunal, if the disclosure — ( a ) is necessary for or in connection with the administration or execution of this Act; ( b ) is necessary for providing financial or social assistance to the claimant or the respondent; ( c ) is made to assist a law enforcement agency in the investigation of any offence under any written law; ( d ) is made to a public agency for the purpose of policy formulation or review; ( e ) is made to a public agency, and is necessary in the public interest; or ( f ) is made for any other purpose that may be prescribed by any regulations made under section 34. (2) Despite section 18, a tribunal magistrate or a Registrar may publish information relating to an order or a decision of a tribunal. [55/2018] (3) In this section — “law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law; “public agency” means — ( a ) the Government, including any ministry, department, agency or Organ of State; or ( b ) any statutory body or tribunal that is prescribed for the purposes of this definition by any regulations made under section 34.


document_id: eca-2016
provision_ref: s30
chapter: PART 4 - MISCELLANEOUS
section: 30
title: Protection from personal liability
content:
30. —(1) A tribunal magistrate has and enjoys the same protection that a Magistrate has and enjoys under the State Courts Act 1970. (2) A Registrar, when exercising the jurisdiction and powers of a tribunal, has and enjoys the same protection as a tribunal magistrate. (3) No liability shall lie personally against the Commissioner, an individual authorised to carry out any function or duty of the Commissioner under this Act, or an approved mediator, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.


document_id: eca-2016
provision_ref: s31
chapter: PART 4 - MISCELLANEOUS
section: 31
title: Public servants
content:
31. —(1) Every approved mediator, when carrying out the functions and duties of an approved mediator, is deemed to be a public servant for the purposes of the Penal Code 1871. (2) Every authorised person, when carrying out any function or duty of the Commissioner under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.


document_id: eca-2016
provision_ref: s32
chapter: PART 4 - MISCELLANEOUS
section: 32
title: Amendment of Schedules
content:
32. —(1) The Minister may, by order in the Gazette , amend any of the Schedules. [55/2018] (2) The Minister may, in an order made under subsection (1), make any provisions of a saving or transitional nature consequent on the enactment of the order that the Minister considers necessary or expedient.


document_id: eca-2016
provision_ref: s33
chapter: PART 4 - MISCELLANEOUS
section: 33
title: Rules of Court
content:
33. —(1) The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court — ( a ) to regulate and prescribe — (i) the procedure and practice to be followed — (A) in an application under section 7(2) to a District Court for a settlement agreement mentioned in section 7(1) to be registered in that Court; (B) in an application under section 7(4) to a District Court to set aside the registration in a District Court of a settlement agreement mentioned in section 7(1); (C) in the tribunals and the Registry; (D) in an application under section 17(1) to the General Division of the High Court, a District Court or a Magistrate’s Court for any proceedings before a tribunal, or a counterclaim in those proceedings, to be transferred to the General Division of the High Court, a District Court or a Magistrate’s Court (as the case may be); (E) in an appeal to the General Division of the High Court under section 23 against an order made by a tribunal under section 22(1); (F) in an application to a District Court for permission under section 23(2) to appeal to the General Division of the High Court against an order made by a tribunal under section 22(1); or [Act 25 of 2021 wef 01/04/2022] (G) in an application to the General Division of the High Court or a District Court for a stay of execution or enforcement under section 24 of an order made by a tribunal under section 22(1); and [Act 25 of 2021 wef 01/04/2022] (ii) any matters incidental to or relating to any such procedure and practice; ( b ) to provide for the enforcement of orders of the tribunals; ( c ) to provide for fees and costs for the proceedings mentioned in paragraph ( a ); and ( d ) to prescribe any matters required by this Act to be prescribed by Rules of Court made under this section. [40/2019] (2) Without limiting subsection (1), the Rules of Court made under this section may provide for the following matters: ( a ) the part of the business and the jurisdiction and powers of a tribunal magistrate which may be transacted and exercised by a Registrar; ( b ) the form and content of documents to be used, the sealing of documents, the service of documents, and the giving of notices, for proceedings in a tribunal or court; ( c ) the manner in which and time within which any act, application to a tribunal, claim or appeal under this Act is to be done, lodged or made; ( d ) the functions, powers and duties of the tribunals, a Registrar and other officers of the tribunals or the Registry, including in relation to — (i) the service of documents and giving of notices; (ii) the enlargement or abridgement of time for the doing of any act or for taking any proceedings; and (iii) the conduct of proceedings; ( e ) the manner in which, and the time within which, an application to a tribunal or a claim may be heard, and the circumstances and manner in which claims may be heard together; ( f ) the withdrawal and amendment of claims; ( g ) the summoning of witnesses and the payment of witnesses from public funds or otherwise; ( h ) the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings or on any application to a tribunal in connection with or at any stage of any proceedings before a tribunal; ( i ) the transfer of proceedings from a tribunal to a court; ( j ) the joinder of parties in proceedings before a tribunal; ( k ) the cases in which a person absent, but having an interest in a claim, is to be bound by an order of a tribunal or a Registrar made in relation to that claim; ( l ) the circumstances in which an order of a tribunal or a Registrar may be made for the representation of an absent person by a party to the proceedings before a tribunal; ( m ) the circumstances in which any decision, direction or order of a tribunal or a Registrar may be set aside, and the procedure for setting aside any such decision, direction or order; ( n ) the circumstances in which any decision, direction or order of a Registrar may be appealed against, and the procedure for appeals from a Registrar to a tribunal and from a tribunal to the General Division of the High Court; ( o ) the scales of allowances, costs and fees to be taken, or paid to any party or witness, in any proceedings before a tribunal or a Registrar; ( p ) the fees to be charged for anything done by a tribunal or a Registrar, or for any service rendered by the Registry, under or by virtue of this Act; ( q ) the waiver, refund or remission, whether wholly or in part, of any fee provided for in those Rules of Court; ( r ) the circumstances (in addition to those mentioned in section 22(2)) in which costs may be awarded in any proceedings before a tribunal or a Registrar, and any other matters relating to the costs of those proceedings. [40/2019] (3) The Rules of Court made under this section may, instead of providing for any matter, refer to any provision made or to be made for that matter by practice directions issued for the time being by the registrar of the State Courts. (4) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: eca-2016
provision_ref: s34
chapter: PART 4 - MISCELLANEOUS
section: 34
title: Regulations
content:
34. —(1) The Minister may make regulations — ( a ) for carrying out the purposes and provisions of this Act; ( b ) to prescribe how compensation is to be computed in a claim relating to a wrongful dismissal dispute; ( c ) to provide for the fees to be charged for anything done or any service rendered by the Commissioner or an approved mediator under or by virtue of this Act; ( d ) to provide for the waiver, refund or remission, whether wholly or in part, of any fee provided for in those regulations; ( e ) to exempt any person or class of persons from all or any of the provisions of this Act (except Part 3 and section 33), either generally or in a particular case, and subject to any conditions that may be prescribed; ( f ) to exclude any specified employment dispute or category of specified employment disputes, and any claim or category of claims, from all or any of the provisions of this Act, either generally or in a particular case; ( g ) to provide for the service of documents, and the giving of notices, required or allowed under this Act, except documents and notices for proceedings in a tribunal or court; and ( h ) to prescribe any matters required by this Act to be prescribed by regulations made under this section. [55/2018] (2) The powers conferred by this section do not extend to any matter for which Rules of Court may be made under section 33.


document_id: eca-2016
provision_ref: s35
chapter: PART 4 - MISCELLANEOUS
section: 35
title: Tripartite guidelines on wrongful dismissal
content:
35. —(1) The Minister may issue guidelines on what constitutes wrongful dismissal in the form of tripartite guidelines. [55/2018] (2) Upon the publication of those guidelines in the Gazette , regard may be had to those guidelines for the purposes of sections 20(7) and 25(4). [34A [55/2018]


document_id: ecdca-2017
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “applicant” means a person making an application; “application”, in relation to a licence, means an application for or to renew a licence; “authorised officer”, for any provision of this Act, means a public officer who is appointed as an authorised officer under section 5(3) for the purposes of that provision; “Chief Licensing Officer” means the public officer appointed under section 5(1)( a ); “code of practice” means a code of practice issued or approved by the Chief Licensing Officer under section 36, and includes any such code of practice that is amended from time to time under that section; “early childhood development centre” means any premises where any early childhood development service is provided or is to be provided; “early childhood development service” means the provision of care or education, or care and education, habitually of 5 or more children who are below 7 years of age, for a fee, reward or profit by a person who is not a relative or guardian of all the children; “key appointment holder”, in relation to an applicant or a licensee — ( a ) that is a company, limited liability partnership or other body corporate, means — (i) a member of the board of directors or committee or board of trustees or other governing board of the applicant or licensee, as the case may be; and (ii) any other person, by whatever name called, who has general management or supervision of the business of the early childhood development centre to which the application or licence (as the case may be) relates; ( b ) that is a partnership, means — (i) a partner of the applicant or licensee, as the case may be; and (ii) any other person, by whatever name called, who has general management or supervision of the business of the early childhood development centre to which the application or licence (as the case may be) relates; and ( c ) in any other case, means any person, by whatever name called, who has general management or supervision of the business of the early childhood development centre to which the application or licence (as the case may be) relates; “licence” means a licence granted or renewed under this Act authorising the licensee to operate the early childhood development centre specified in the licence; “licensee” means a person who is the holder of a licence; “modification” and “modify”, in relation to the conditions of a licence, include deleting or varying and substituting a condition, and adding a condition; “operate”, for an early childhood development centre, means to control or direct the operations of the centre in connection with a business of providing or offering early childhood development service at that centre; “premises” includes a building, an enclosure, ground and open air space; “repealed Act” means the Child Care Centres Act (Cap. 37A, 2012 Revised Edition) repealed by this Act.


document_id: ecdca-2017
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Act does not apply to certain centres
content:
3. This Act does not apply to, or in relation to any of the following: ( a ) any early childhood development centre — (i) operated by or on behalf of the Government; or (ii) specified in the Schedule (called in this Act an excluded early childhood development centre); ( b ) any person deployed, engaged or permitted by — (i) the Government to perform any duty or provide any service at a centre mentioned in paragraph ( a )(i); or (ii) the operator of an excluded early childhood development centre to perform any duty or provide any service at that centre.


document_id: ecdca-2017
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Purpose of Act
content:
4. The purpose of this Act is to regulate the operation of early childhood development centres, so as to — ( a ) protect the safety, wellbeing and welfare of children at early childhood development centres; and ( b ) promote the quality, and continuous improvement in the quality, of early childhood development services at early childhood development centres.


document_id: ecdca-2017
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Appointment of officers
content:
5. —(1) The Minister may appoint — ( a ) a public officer as the Chief Licensing Officer for the purposes of this Act; and ( b ) such number of public officers as Assistant Chief Licensing Officers as may be necessary. (2) The Chief Licensing Officer and Assistant Chief Licensing Officers may be known by such title as the Minister determines from time to time. (3) The Chief Licensing Officer may, in relation to any provision of this Act, appoint a public officer to be an authorised officer for the purposes of that provision, either generally or in a particular case. (4) Subject to subsection (5), the Chief Licensing Officer may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon the Chief Licensing Officer by any provision of this Act (except the power of delegation conferred by this subsection) to an Assistant Chief Licensing Officer. (5) Any delegation under subsection (4) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Chief Licensing Officer may specify; and any reference in a provision of this Act to the Chief Licensing Officer includes a reference to such Assistant Chief Licensing Officer.


document_id: ecdca-2017
provision_ref: s6
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 6
title: No operation of early childhood development centre without licence, etc.
content:
6. —(1) A person must not operate (whether solely or jointly with any other person) an early childhood development centre unless the person — ( a ) is authorised to do so by a licence under this Act; ( b ) is exempt from this subsection by or under this Act in relation to that centre; or ( c ) is directed by the Chief Licensing Officer under section 18 to do so despite the expiry or revocation of the licence for that centre. (2) A person must not advertise or otherwise hold out that the person is operating an early childhood development centre under a licence, unless the person holds a valid licence under this Act. (3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: ecdca-2017
provision_ref: s7
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 7
title: Application for or to renew licence
content:
7. —(1) An application must be made to the Chief Licensing Officer in accordance with this section. (2) An application must — ( a ) be in the form and manner required by the Chief Licensing Officer; ( b ) be accompanied by a non‑refundable application fee (if prescribed) paid in the manner required by the Chief Licensing Officer; and ( c ) be accompanied by any information that the Chief Licensing Officer requires to decide on the application. (3) A separate application must be made for every early childhood development centre that a person operates or intends to operate (as the case may be) under the authority of a licence. (4) In addition to the requirements under subsections (2) and (3), an application to renew a licence must — ( a ) be made not later than the prescribed time before the date the licence expires (called in this subsection the renewal deadline); and ( b ) if made later than the renewal deadline, be accompanied by a non‑refundable late renewal application fee (if prescribed) paid in the manner required by the Chief Licensing Officer. (5) The Chief Licensing Officer or an authorised officer may — ( a ) carry out such inquiries and investigations in relation to an application under subsection (1) as are necessary for a proper consideration by the Chief Licensing Officer of the application; and ( b ) request that the applicant provide, within a specified time, any additional information that the Chief Licensing Officer requires for a proper consideration of the application. (6) The Chief Licensing Officer may refuse an application — ( a ) that is incomplete or otherwise not made in accordance with this section; or ( b ) if the applicant fails to provide the additional information requested under subsection (5)( b ).


document_id: ecdca-2017
provision_ref: s8
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 8
title: Grant or renewal of licence
content:
8. —(1) After considering any application for or to renew a licence, the Chief Licensing Officer may — ( a ) on payment of a licence fee or renewal fee (if prescribed), grant or renew the licence, as the case may be; or ( b ) refuse (without compensation) to grant or renew the licence, as the case may be. (2) A person may be granted more than one licence. (3) In deciding whether a licence should be granted or renewed, the Chief Licensing Officer must have regard to, and give such weight as the Chief Licensing Officer considers appropriate to, all of the following matters: ( a ) whether the applicant has the appropriate character and fitness to operate and maintain an early childhood development centre; ( b ) whether every key appointment holder of the applicant has the appropriate character and fitness to act in that capacity; ( c ) whether the applicant, or any key appointment holder of the applicant, has been — (i) convicted of an offence under this Act; (ii) convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the applicant or key appointment holder (as the case may be) had acted dishonestly; or (iii) convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; ( d ) whether the applicant has, during the prescribed period immediately before the application, failed to pay any charge or fee charged or imposed under this Act, the repealed Act or the Education Act 1957 in connection with the operation of an early childhood development centre; ( e ) whether the applicant has previously — (i) been refused the grant or renewal of a licence under this Act or the repealed Act; (ii) had any licence revoked or shortened under this Act or the repealed Act; (iii) been the subject of any other regulatory sanction under this Act; (iv) been refused registration of a school under the Education Act 1957; or (v) had any registration of a school cancelled under the Education Act 1957; ( f ) whether any key appointment holder of the applicant is disqualified under section 19 to act or continue to act as a key appointment holder; ( g ) whether the applicant has, or is likely to have, the financial capacity to operate and maintain an early childhood development centre; ( h ) whether the applicant is the owner or lessee of the premises to be used as an early childhood development centre, or has a licence from another person to occupy those premises; ( i ) whether the premises to be used as an early childhood development centre are fit to be used as such a centre, having regard to — (i) location, accommodation, staffing or equipment; and (ii) building structure, fire safety, public health and sanitation requirements prescribed under this Act or any other written law; ( j ) whether the applicant has the capacity to deliver early childhood development services according to such requirements relating to the types and content of the curriculum or programme for early childhood development centres as may be prescribed; ( k ) whether there is any other relevant matter that makes it contrary to the public interest to grant or renew the licence. (4) For the purpose of determining whether a person has the appropriate character and fitness under subsection (3)( a ) or ( b ), the Chief Licensing Officer must take into account the prescribed considerations (if prescribed). (5) To avoid doubt, the Chief Licensing Officer is not confined to consideration of the matters in subsection (3) or prescribed under subsection (4), and may take into account such other matters and evidence as may be relevant.


document_id: ecdca-2017
provision_ref: s9
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 9
title: Form and validity of licence
content:
9. —(1) Every licence must state its class and be in such form as the Chief Licensing Officer may determine. (2) Every licence granted or renewed under this Act continues in force for such period as may be specified in the licence unless it is earlier revoked or has its term shortened under section 16.


document_id: ecdca-2017
provision_ref: s10
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 10
title: Licence conditions
content:
10. —(1) In granting or renewing a licence to any person to operate an early childhood development centre, the Chief Licensing Officer may impose such conditions as the Chief Licensing Officer considers requisite or expedient having regard to the purpose of this Act. (2) The Chief Licensing Officer may impose — ( a ) conditions generally applicable to all licences; ( b ) conditions specifically applicable to a class of licences; or ( c ) conditions specifically applicable to a particular licence. (3) In particular, a licence to operate an early childhood development centre may include conditions — ( a ) relating to the operation, operating hours and maintenance of the centre; ( b ) relating to the care, education, safety and security of children attending the centre; ( c ) relating to the conduct of employees, agents and contractors of the licensee; ( d ) relating to the safety and security of persons performing duties or engaged in work at the centre; and ( e ) requiring the licensee to undergo and pass such audit as the Chief Licensing Officer may determine for compliance with — (i) the provisions of this Act; (ii) the conditions of the licence; (iii) the applicable codes of practice issued, approved or amended by the Chief Licensing Officer under section 36; and (iv) any direction given by the Chief Licensing Officer under section 17. (4) For the purpose of subsection (3)( e ) — ( a ) the audit may be conducted only by — (i) authorised officers; or (ii) such qualified individuals or qualified audit team as may be approved by the Chief Licensing Officer for the purpose; and ( b ) the Chief Licensing Officer may require the licensee — (i) to submit to the Chief Licensing Officer or to the persons conducting the audit such information as the Chief Licensing Officer may specify which pertains to the operation of any early childhood development centre by the licensee; and (ii) to allow the persons conducting the audit to carry out on‑site collection or verification of any information which pertains to the operation of any early childhood development centre by the licensee. (5) Without affecting subsection (1), the Chief Licensing Officer may grant a renewal of a licence with or without modifying the conditions of the licence, but section 11 does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.


document_id: ecdca-2017
provision_ref: s11
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 11
title: Modification of conditions of licence
content:
11. —(1) The Chief Licensing Officer may modify the conditions of a licence in accordance with this section without compensating the licensee to whom the licence is granted. (2) Before modifying any conditions of a licence, the Chief Licensing Officer must give notice to the licensee — ( a ) stating that the Chief Licensing Officer proposes to make the modification in the manner specified in the notice; and ( b ) specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which the licensee may make written representations to the Chief Licensing Officer with respect to the proposed modification. (3) Upon receiving any written representation mentioned in subsection (2)( b ), the Chief Licensing Officer must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in such manner as the Chief Licensing Officer thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where — ( a ) the Chief Licensing Officer rejects any written representation under subsection (3)( a ); ( b ) the Chief Licensing Officer amends any proposed modification to the conditions of the licence under subsection (3)( b ); or ( c ) no written representation is received by the Chief Licensing Officer within the time specified in subsection (2)( b ), or any written representation made under that subsection is subsequently withdrawn, and the licensee has not given immediate effect to the modification, the Chief Licensing Officer must issue a direction in writing to the licensee in question requiring the licensee, within the time specified by the Chief Licensing Officer, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Chief Licensing Officer, as the case may be.


document_id: ecdca-2017
provision_ref: s12
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 12
title: Security deposit
content:
12. —(1) Before granting or renewing a licence, the Chief Licensing Officer may require an applicant or a licensee (as the case may be) to give to the Chief Licensing Officer a security deposit. (2) The Chief Licensing Officer may determine — ( a ) the form of the security deposit (such as but not limited to a performance bond or bank guarantee); ( b ) the manner in which the security deposit is to be given; and ( c ) the amount of the security deposit. (3) The Chief Licensing Officer may — ( a ) require the licensee to add to the amount of the security deposit given or to be given, within the time specified by the Chief Licensing Officer; or ( b ) reduce the amount of security deposit given or to be given by the licensee with effect from the date specified by the Chief Licensing Officer. (4) In determining whether to require a security deposit and the amount of the security deposit, the Chief Licensing Officer must have regard to, and give such weight as the Chief Licensing Officer considers appropriate to, all of the following matters: ( a ) the track record of an applicant or a licensee in complying with — (i) requirements under any written law (including the repealed Act) applicable to the applicant’s or licensee’s operation of an early childhood development centre; and (ii) any requirement imposed by or under this Act; ( b ) the likelihood, or the commencement, of proceedings for the taking of regulatory action against a licensee; ( c ) any other matter as may be prescribed.


document_id: ecdca-2017
provision_ref: s13
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 13
title: Transfer of licence
content:
13. —(1) A licence, and any right, benefit or privilege under the licence, is not transferable to any other person unless the Chief Licensing Officer approves in writing the transfer. (2) An application for the Chief Licensing Officer’s approval to transfer a licence must be made by the licensee and the intended transferee in accordance with this section. (3) An application under subsection (2) to transfer a licence must — ( a ) be made in the form and manner required by the Chief Licensing Officer; ( b ) be accompanied by a non‑refundable application fee (if prescribed) paid in the manner required by the Chief Licensing Officer; and ( c ) be accompanied by any information that the Chief Licensing Officer requires to decide on the application. (4) In addition to the requirements under subsection (3), the application under subsection (2) to transfer a licence must be made not later than a prescribed time, being a time before the licence expires. (5) The Chief Licensing Officer or an authorised officer may — ( a ) carry out such inquiries and investigations in relation to the application under subsection (2) as are necessary for a proper consideration by the Chief Licensing Officer of the application to transfer a licence; and ( b ) request that the applicant making the application under subsection (2) provide, within a specified time, any additional information that the Chief Licensing Officer requires for a proper consideration of that application. (6) The Chief Licensing Officer may refuse an application under subsection (2) to transfer a licence — ( a ) that is incomplete or otherwise not made in accordance with this section; or ( b ) if the applicant fails to provide the additional information requested under subsection (5)( b ). (7) After considering the matters mentioned in section 8 and such other matters as may be prescribed (if prescribed), the Chief Licensing Officer may — ( a ) approve the transfer of the licence; or ( b ) refuse (without compensation) to approve the transfer of the licence. (8) To avoid doubt, the Chief Licensing Officer is not confined to consideration of the matters mentioned in section 8 or prescribed under subsection (7), and may take into account such other matters and evidence as may be relevant. (9) The Chief Licensing Officer’s approval under this section may be given with or without conditions. (10) The transfer of a licence takes effect on — ( a ) the date on which the conditions (if any) for the Chief Licensing Officer’s approval of the transfer are met; or ( b ) such other date as the Chief Licensing Officer may specify. (11) The transfer of a licence does not affect any criminal or civil liability incurred by the original licensee. (12) A licence that is transferred in accordance with this section continues in force for the remaining term of the licence unless it is earlier revoked or has its term shortened under section 16.


document_id: ecdca-2017
provision_ref: s14
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 14
title: Voluntary cessation of operation or surrender of licence
content:
14. —(1) A licensee must not, without giving the Chief Licensing Officer prior notice — ( a ) wholly and permanently cease operating the early childhood development centre specified in the licensee’s licence; or ( b ) for any reason surrender the licence. (2) A notice under subsection (1) must be made to the Chief Licensing Officer not later than the prescribed time before the following date, whichever is applicable: ( a ) the date on which the early childhood development centre is to wholly and permanently cease operations; ( b ) the date on which the licensee intends the surrender of the licence to take effect. (3) No part of any licence fee or renewal fee may be refunded to the licensee upon the cessation of the operation of an early childhood development centre or surrender of a licence under this section.


document_id: ecdca-2017
provision_ref: s15
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 15
title: Lapse of licence
content:
15. —(1) Unless expired or earlier revoked under section 16, a licence in respect of an early childhood development centre lapses — ( a ) if the licensee is an individual, on the date of death of the licensee; ( b ) if the licensee is a partnership, body corporate or an unincorporated association, on the date the licensee ceases to exist; ( c ) on the date that the licensee is no longer the owner or a lessee of, or no longer has a licence to occupy, the premises used as the early childhood development centre; or ( d ) if no children are enrolled in that centre for a continuous period prescribed, at the end of that period. (2) No part of any licence fee or renewal fee may be refunded upon the lapse of a licence under this section.


document_id: ecdca-2017
provision_ref: s16
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 16
title: Revocation of licence and other regulatory sanctions
content:
16. —(1) Subject to subsection (3), if the Chief Licensing Officer is satisfied that — ( a ) a licensee is contravening or not complying with, or has contravened or failed to comply with — (i) a condition of the licensee’s licence; (ii) any provision of this Act, the contravention of or non‑compliance with which is not an offence; (iii) any provision of a code of practice applicable to the licensee; (iv) any direction given to the licensee under subsection (2)( e ) or ( g ) or section 27(4); or (v) any requirement of the Chief Licensing Officer under subsection (2)( c ); ( b ) the licensee is no longer a suitable person to be granted a licence, having regard to the matters mentioned in section 8; ( c ) the licensee is, or likely to be, declared a bankrupt or has gone, or likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( d ) the licensee has made any assignment to, or composition with, the licensee’s creditors or, if a company, is unable to pay its debts; ( e ) the licensee has, in connection with the application for the grant or renewal of the licensee’s licence, made a statement or provided any information or document which is false or misleading in a material particular; or ( f ) the licensee is convicted of any offence under this Act, the Chief Licensing Officer may revoke (without compensation and without refunding any fee) the licensee’s licence, with or without forfeiting any performance bond, guarantee or other form of security furnished by the licensee under this Act. (2) However, the Chief Licensing Officer may (without compensation), in lieu of revoking a licensee’s licence under subsection (1), do any one or more of the following: ( a ) censure the licensee in writing, which may be published in such manner and made accessible to such persons as the Chief Licensing Officer thinks fit; ( b ) modify any condition of the licence; ( c ) require the furnishing of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, to secure compliance by the licensee with any matter mentioned in subsection (1)( a )(i), (ii), (iii), (iv) and (v) or for the purpose of meeting any financial penalty arising out of any proceedings with a view to regulatory action started or likely to start against the licensee, or both; ( d ) subject to subsection (8), forfeit the whole or part of any performance bond, guarantee or other form of security furnished under paragraph ( c ) or section 12; ( e ) direct the licensee to do, or refrain from doing, such things as specified in the direction, and within such period as specified in the direction (if specified), to rectify a contravention or non‑compliance; ( f ) shorten (for not longer than such period for a licence of such term as may be prescribed) the term of the licence without any compensation and without refund of any licence fee or renewal fee; ( g ) direct the licensee to pay, within a period specified in a direction, a financial penalty of such amount as the Chief Licensing Officer thinks fit, being — (i) not more than $5,000 for each contravention or non‑compliance mentioned in subsection (1) that is the subject; or (ii) in any other case, not more than $5,000. (3) Before exercising any power under subsection (1) or (2), the Chief Licensing Officer must give written notice to the licensee concerned — ( a ) stating that the Chief Licensing Officer intends to take regulatory action against the licensee under this section; ( b ) specifying the type of action in subsection (1) or (2) the Chief Licensing Officer proposes to take, and each instance of non‑compliance that is the subject of the action; and ( c ) specifying the time (being at least 14 days after the service of the notice on the licensee) within which written representations may be made to the Chief Licensing Officer with respect to the proposed action. (4) The Chief Licensing Officer may, after considering any written representation under subsection (3)( c ), decide to take such regulatory action in subsection (1) or (2) as the Chief Licensing Officer considers appropriate. (5) Where the Chief Licensing Officer has made any decision under subsection (4) against any licensee, the Chief Licensing Officer must serve on the licensee concerned a notice of the decision. (6) Subject to section 43, a decision to revoke a licence, or to impose a regulatory action in subsection (2), which is specified in the notice given under subsection (5) takes effect from the date on which that notice is given, or on such other date as may be specified in the notice. (7) The revocation, or shortening of the term, of any licence or the issuing of any direction under this section does not prejudice the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person. (8) Where any financial penalty is imposed on a licensee under subsection (2)( g ) for contravening or not complying with any matter mentioned in subsection (1)( a )(i), (ii), (iii), (iv) and (v), any performance bond, guarantee or other form of security given by the licensee to secure compliance by the licensee with that matter mentioned in subsection (1)( a )(i), (ii), (iii), (iv) and (v) must not be forfeited by the Chief Licensing Officer for that contravention except to the extent required to pay the financial penalty. (9) A licensee who fails to pay any amount of a financial penalty imposed under subsection (2)( g ) within the period specified for payment by the Chief Licensing Officer under that subsection is liable to pay interest at the same rate as for a judgment debt on the unpaid amount. (10) Despite subsection (8), any financial penalty imposed on a licensee under subsection (2)( g ) and any interest payable under subsection (9) is recoverable as a debt due to the Government, and the licensee’s liability to pay is not affected by the licensee’s licence ceasing, for any reason, to be in force. (11) In any proceedings under this section in relation to the conviction of a licensee or any person for a criminal offence, the Chief Licensing Officer is to accept the licensee’s or person’s conviction as final and conclusive. (12) For the purposes of subsection (1)( d ), a company is unable to pay its debts if it is a company which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018. [40/2018]


