# legal_provisions

document_id: ea-1968
provision_ref: s22
chapter: PART 3 - EXTRADITION FROM SINGAPORE
section: 22
title: Discharge of fugitive not conveyed out of Singapore within 2 months
content:
22. —(1) A person who, under this Part — ( a ) has been committed to prison, or otherwise ordered to be held in custody; and ( b ) is in custody in Singapore at the expiry of 2 months after the latest of the following dates: (i) the date of the committal or order; (ii) if an application for review of the order is brought, the date that the proceedings are finally determined by the General Division of the High Court; (iii) if a reference is made to the Court of Appeal under section 18, the date that the proceedings are finally determined by the Court of Appeal, may apply to the General Division of the High Court to be released. (2) Subject to subsection (3), where an application is made under subsection (1), the General Division of the High Court, upon proof that reasonable notice of the intention to make the application has been given to the Minister, is to order that the person be released. (3) The General Division of the High Court is not to order that the person be released if reasonable cause is shown for the delay mentioned in subsection (1)( b ). [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s23
chapter: PART 4 - EXTRADITION TO SINGAPORE
section: 23
title: Application of this Part
content:
23. This Part applies in relation to extradition of any person to Singapore — ( a ) from a foreign State; or ( b ) from a declared Commonwealth territory, subject to Part 5. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s24
chapter: PART 4 - EXTRADITION TO SINGAPORE
section: 24
title: Request for surrender of person to be made by Minister
content:
24. Where a person accused or convicted of an extradition offence is, or is suspected of being — ( a ) in or on his or her way to a foreign State or within the jurisdiction of a foreign State; or ( b ) in or on his or her way to a declared Commonwealth territory or within the jurisdiction of a declared Commonwealth territory, the Minister may make a request to that State or territory for the surrender of the person. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s25
chapter: PART 4 - EXTRADITION TO SINGAPORE
section: 25
title: Person surrendered may be brought into Singapore
content:
25. Where a person accused or convicted of an extradition offence is surrendered by a foreign State or declared Commonwealth territory, the person may be brought to Singapore by any authorised officer and delivered to the proper authorities to be dealt with according to law. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s26
chapter: PART 4 - EXTRADITION TO SINGAPORE
section: 26
title:
Person surrendered to Singapore in respect of offence not to be prosecuted or detained for other offences

content:
26. —(1) Where a person accused or convicted of an extradition offence is surrendered by a foreign State, the person must not, unless he or she has been returned, or has had an opportunity of returning, to that State — ( a ) be detained or tried in Singapore for any offence that is alleged to have been committed, or was committed, before his or her surrender other than — (i) the offence to which the request for his or her surrender relates; or (ii) any other offence of which he or she could be convicted upon proof of the facts on which that request was based; or ( b ) be detained in Singapore for the purpose of his or her being surrendered to another country or territory for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to Singapore other than an offence of which he or she could be convicted upon proof of the facts on which the request for his or her surrender was based. (2) Where a person accused or convicted of an extradition offence is surrendered by a declared Commonwealth territory, the person must not, unless he or she has been returned, or has had an opportunity of returning, to that territory — ( a ) be detained or tried in Singapore for any offence that is alleged to have been committed, or was committed, before his or her surrender other than — (i) the offence to which the request for his or her surrender relates; (ii) any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or (iii) any other extradition offence in respect of which the declared Commonwealth territory consents to the person being so detained or tried, as the case may be; or ( b ) be detained in Singapore for the purpose of his or her being surrendered to another country or territory for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to Singapore other than — (i) any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or (ii) any other extradition offence in respect of which the declared Commonwealth territory by which the person was surrendered to Singapore consents to his or her being so detained. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s27
chapter: PART 5 - ADDITIONAL PROVISIONS IN RELATION TO
section: 27
title: Application of this Part in relation to declared Commonwealth territories
content:
27. Subject to this Part — ( a ) extradition from Singapore to a declared Commonwealth territory is governed by Part 3; and ( b ) extradition to Singapore from a declared Commonwealth territory is governed by Part 4. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s28
chapter: PART 5 - ADDITIONAL PROVISIONS IN RELATION TO
section: 28
title: Offences not of political character in declared Commonwealth territories
content:
28. —(1) For the purposes of section 9(1) and subject to subsection (2), the following offences are not offences of a political character: ( a ) an offence against the life or person of — (i) a head of state of the declared Commonwealth territory; or (ii) a member of the immediate family of a head of state of the declared Commonwealth territory; ( b ) an offence against the life or person of a head of a government, or of a minister of a government, of the declared Commonwealth territory; ( c ) murder; ( d ) an offence of aiding, abetting, counselling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit, any of the offences mentioned in paragraphs ( a ), ( b ) and ( c ). (2) The Minister may, by order, restrict the application of any of the categories of offences mentioned in subsection (1) to a request made by a declared Commonwealth territory, if the declared Commonwealth territory has made provisions similar to subsection (1) in its laws. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s29
chapter: PART 5 - ADDITIONAL PROVISIONS IN RELATION TO
section: 29
title:
Additional restrictions on power of Minister to authorise apprehension, or order surrender, of fugitive

content:
29. The Minister may decline to give a notice under section 11(1), or issue a warrant under section 19(2) or (8), in respect of a fugitive from a declared Commonwealth territory, if the Minister is of the opinion that — ( a ) the judgment against the fugitive in the declared Commonwealth territory was rendered against him or her in his or her absence, unless — (i) the person had deliberately absented himself or herself from his or her trial in the declared Commonwealth territory; or (ii) the person would, if surrendered, be entitled to a retrial in his or her presence, during which he or she would have — (A) the right to defend himself or herself, whether in person or through legal counsel; and (B) the right to examine witnesses and to call and examine witnesses in his or her defence; ( b ) the offence for which extradition of the fugitive is requested — (i) was committed outside Singapore and the declared Commonwealth territory; and (ii) is not an extra-territorial offence under the law of, or of a part of, the declared Commonwealth territory; or ( c ) the fugitive has, under the law of Singapore or the law of, or of a part of, the declared Commonwealth territory, become immune from prosecution or punishment because of any reason, including lapse of time or amnesty. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s30
chapter: PART 5 - ADDITIONAL PROVISIONS IN RELATION TO
section: 30
title: Person surrendered may consent to other offences being taken into consideration for sentencing
content:
30. This Act does not prevent a court in — ( a ) a declared Commonwealth territory — where a fugitive is surrendered by Singapore to that territory; or ( b ) Singapore — where a fugitive is surrendered by a declared Commonwealth territory to Singapore, from taking into account, with the fugitive’s consent, any other offence (whether an extradition offence or otherwise) committed by the fugitive in determining and passing sentence for the offence for which the fugitive was surrendered. [Act 17 of 2022 wef 01/07/2022] 31. [ Repealed by Act 17 of 2022 wef 01/07/2022 ]


document_id: ea-1968
provision_ref: s32
chapter: PART 6 - EXTRADITION TO AND FROM MALAYSIA
section: 32
title: Application to Malaysia and definition
content:
32. —(1) This Part applies in relation to Malaysia. (2) In this Part, “offence” means an arrestable offence or an offence punishable on conviction with imprisonment for 6 months or more or any more severe punishment under the law of Malaysia. [Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s33
chapter: PART 6 - EXTRADITION TO AND FROM MALAYSIA
section: 33
title: Endorsement of warrants
content:
33. —(1) Where a court, a Judge, a Magistrate or an officer of a court in Malaysia has issued a warrant for the apprehension of a person accused or convicted of an offence against the law of Malaysia and the person is, or is suspected of being, in or on his or her way to Singapore, a Magistrate may, if the warrant is duly authenticated, make an endorsement on the warrant in accordance with Form 7 in the Second Schedule authorising the execution of the warrant in Singapore. [Act 17 of 2022 wef 01/07/2022] (2) A warrant so endorsed is sufficient authority to the person bringing the warrant, to all other persons to whom the warrant is directed and to all authorised officers in Singapore to execute the warrant in Singapore in accordance with this Part. [Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s34
chapter: PART 6 - EXTRADITION TO AND FROM MALAYSIA
section: 34
title: Issue of warrants
content:
34. A Magistrate may, if a warrant referred to in section 33 authorising the apprehension of a person is not produced to him or her or he or she requires further information or proof before endorsing such a warrant, issue a warrant in accordance with Form 8 in the Second Schedule for the apprehension of the person upon such information and under such circumstances as, in the Magistrate’s opinion, justify the issue of the warrant. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s35
chapter: PART 6 - EXTRADITION TO AND FROM MALAYSIA
section: 35
title: Proceedings after apprehension of person
content:
35. —(1) A person who is apprehended under a warrant referred to in section 33 or under a warrant issued under section 34 must be brought as soon as practicable before a Magistrate. [Act 17 of 2022 wef 01/07/2022] (2) A Magistrate may remand a person brought before him or her under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time. [Act 17 of 2022 wef 01/07/2022] (3) Where a Magistrate remands a person for such a period, the person must, at the expiration of the period, be brought before the Magistrate or before any other Magistrate. [Act 17 of 2022 wef 01/07/2022] (4) In the application of subsections (5) to (11) in relation to a person who has been apprehended under a warrant referred to in section 33 or under a warrant issued under section 34, “Magistrate” means the Magistrate before whom the person is brought after the person was apprehended or at the expiry of a period for which the person has been remanded under this section, as the case may be. [Act 17 of 2022 wef 01/07/2022] (5) Where the person was apprehended under a warrant issued under section 34 and the warrant referred to in section 33 authorising the apprehension of the person has not been endorsed, the Magistrate may, and must if a reasonable time has elapsed for the endorsement of the warrant — ( a ) if the person apprehended is held in custody, order that the person be released; or [Act 17 of 2022 wef 01/07/2022] ( b ) if the person apprehended has been released on bail, make an order discharging the bonds upon which he or she was released on bail. [Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022] (6) Where — ( a ) the person was apprehended under a warrant referred to in section 33; or ( b ) the person was apprehended under a warrant issued under section 34 and the warrant referred to in section 33 authorising the apprehension of the person has been endorsed, the Magistrate is to, subject to section 36, by warrant in accordance with Form 9 in the Second Schedule, order the person to be surrendered to Malaysia and, for that purpose, to be delivered into the custody of the person bringing that warrant or of any other person to whom that warrant was directed. [Act 17 of 2022 wef 01/07/2022] (7) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to surrender him or her to the country mentioned in subsection (6), the Magistrate may, in lieu of ordering that the person be surrendered to Malaysia, by warrant, order that he or she be held in custody at the place where he or she is for the time being, or at any other place to which the Magistrate considers that the person can be removed without danger to his or her life or prejudice to his or her health, until such time as he or she can without such danger or prejudice be surrendered to Malaysia. [Act 17 of 2022 wef 01/07/2022] (8) In the case referred to in subsection (7), the warrant must be in accordance with Form 9 in the Second Schedule with such variations as are necessary to meet the circumstances of the case. [Act 17 of 2022 wef 01/07/2022] (9) A warrant issued under subsection (6) or (7) may be executed according to its tenor. (10) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (11) Any property in the possession of the person so ordered to be surrendered at the time of his or her apprehension that may be material as evidence in proving the offence for which he or she is being surrendered must, if the Magistrate so directs, be delivered up with the person on his surrender. [Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s36
chapter: PART 6 - EXTRADITION TO AND FROM MALAYSIA
section: 36
title: Restriction on power of Magistrate to order surrender of person
content:
36. If a Magistrate before whom a person is brought under this Part, is satisfied that, by reason of — ( a ) the trivial nature of the offence that the person is alleged to have committed or has committed; ( b ) the accusation against the person not having been made in good faith or in the interests of justice; or ( c ) the passage of time since the offence is alleged to have been committed or was committed, and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the person to Malaysia, or to surrender him or her before the expiration of a particular period, the Magistrate may — ( d ) order that the person be released; ( e ) order that the person be surrendered after the expiration of a period specified in the order and order his or her release on bail until the expiration of that period; or [Act 17 of 2022 wef 01/07/2022] ( f ) make such other order as the Magistrate thinks just. [Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s37
chapter: PART 6 - EXTRADITION TO AND FROM MALAYSIA
section: 37
title: Review of order of Magistrate
content:
37. —(1) Where — ( a ) a person apprehended is dissatisfied with an order made under section 35(6) or (7) or under section 36; or ( b ) a Magistrate has made, under section 35(7) or under section 36, an order for the release of an apprehended person, or an order for the surrender or release on bail of such a person under the terms of which the person is not, or may not be, required to be surrendered to Malaysia within 3 months after the date of the order, [Act 17 of 2022 wef 01/07/2022] the apprehended person or the person bringing the warrant, as the case requires, may apply to the General Division of the High Court for a review of the order, and the General Division of the High Court may review the order. [40/2019] (2) The General Division of the High Court to which an application is made for the review of an order may — ( a ) order the release on bail of the apprehended person on such terms and conditions as the General Division of the High Court thinks fit; or ( b ) direct that the apprehended person be kept in such custody as the General Division of the High Court directs until the order has been reviewed. [40/2019] (3) The review of the order is to be by way of rehearing, and evidence in addition to, or in substitution for, the evidence given on the making of the order may be given on or in connection with the review. [Act 17 of 2022 wef 01/07/2022] (4) For the purposes of a review under this section, a copy of a public document or of a document filed in a department or office of the Government, certified to be a true copy of the document by the person purporting by the certificate to have charge of the document, is admissible as evidence of the facts stated in the copy. (5) Upon the review of an order, the General Division of the High Court may confirm or vary the order, or quash the order and substitute a new order in its stead. [40/2019] (6) The order as confirmed or varied, or the substituted order, must be executed according to its tenor as if it had been made by the Magistrate. [Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s38
chapter: PART 6 - EXTRADITION TO AND FROM MALAYSIA
section: 38
title: Discharge of person who is not conveyed out of Singapore within one month
content:
38. Where a person who, under this Part, has been ordered to be surrendered to Malaysia is in custody in Singapore at the expiration of one month after — ( a ) the date of the order; or ( b ) if the order was made by a Magistrate and an application for a review of the order has been made — the date of the decision of the General Division of the High Court on the review or, where an appeal has been brought from that decision to another court, the date of the decision of the other court, whichever is the later, the General Division of the High Court, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the person holding him or her in custody, is to, unless reasonable cause is shown for the delay, order that the person so held in custody be released. [40/2019] [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s39
chapter: PART 6 - EXTRADITION TO AND FROM MALAYSIA
section: 39
title: Person surrendered from Malaysia
content:
39. Where a person accused or convicted of an offence (wherever committed) against the law in force in Singapore is surrendered by Malaysia the person may be delivered to the proper authorities to be dealt with according to law.


document_id: ea-1968
provision_ref: s40
chapter: PART 7 - CONVENTION OFFENCES
section: 40
title: Act may be applied to Convention State
content:
40. —(1) Where no extradition treaty is in force between Singapore and a Convention State that is not a declared Commonwealth territory, a notification under section 4 may be made applying this Act as if there were an extradition treaty between Singapore and that State. (2) Where this Act is applied under subsection (1), this Act has effect in relation to that Convention State as if the only extradition offences are the Convention offences of that State. (3) Subject to section 41, subsection (2) does not affect any other notification made under section 4. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s41
chapter: PART 7 - CONVENTION OFFENCES
section: 41
title: Effect of applying Act to Convention State
content:
41. —(1) Where a notification mentioned in section 40 is made, any limitation, condition, exception or qualification specified in — ( a ) any other notification made under section 4; or ( b ) in any Order in Council mentioned in section 3, in relation to that Convention State and to the extent that it prevents the Convention offence from being considered an extradition offence in relation to that Convention State, is to be disregarded in the application of this Act in relation to that Convention State. (2) In the application of this Act to a Convention State mentioned in section 40(1), a Convention offence — ( a ) is deemed to be an offence within the jurisdiction of that Convention State; and ( b ) is deemed not to be an offence of a political character where the written law corresponding to the Convention offence in the Fourth Schedule so provides. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s42
chapter: PART 8 - EVIDENTIAL PROVISIONS
section: 42
title: Admissibility of statements in evidence
content:
42. In any proceedings under this Act, a statement in a document is admissible in evidence if — ( a ) the statement is — (i) made by a person, being a witness or victim, to a police officer or another person charged with the duty of investigating offences or charging offenders (called in this section an enforcement officer); and (ii) accompanied by an affidavit of a police officer or an enforcement officer verifying the statement; or ( b ) the statement is a summary by a police officer or an enforcement officer of a statement or statements given by a person, being a witness or victim. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s43
chapter: PART 8 - EVIDENTIAL PROVISIONS
section: 43
title: Overseas documents admissible in evidence if duly authenticated
content:
43. —(1) Despite anything to the contrary in the Evidence Act 1893, in any proceedings under this Act — ( a ) a document, duly authenticated, that purports to set out testimony given on oath, or declared or affirmed to be true, by a person in a foreign State or declared Commonwealth territory is admissible as evidence of the matters stated in the testimony; ( b ) a document, duly authenticated, that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory is admissible in evidence; ( c ) a document, duly authenticated, that certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, a foreign State or declared Commonwealth territory is admissible as evidence of the fact and date of the conviction; and ( d ) a document, duly authenticated, that purports to be an overseas warrant or a foreign warrant is admissible in evidence. (2) A document is deemed to be duly authenticated for the purpose of being admitted in evidence in a proceeding under this Act if — ( a ) in the case of a document that purports to set out testimony given on oath, declared or affirmed by a person in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to be the original document containing or recording that testimony or a true copy of that original document; ( b ) in the case of a document that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to have been, or to be a true copy of a document that has been, so received in evidence; ( c ) in the case of a document that certifies that a person has been convicted in a foreign State or declared Commonwealth territory of an offence — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory; or ( d ) in the case of a document that purports to be an overseas warrant or a foreign warrant — the document purports to be signed by a Judge, Magistrate or officer in or of the State or territory in which the document was issued, and the certification or signature of the Judge, Magistrate or officer purports to be authenticated by the oath, declaration or affirmation of a witness, or the document purports to be sealed with an official seal or public seal, or stamped with an official stamp, of that State or territory, or of a Minister, a department or an official of the government, of that State or territory. [Act 17 of 2022 wef 01/07/2022] [Act 42 of 2024 wef 28/03/2025]


document_id: ea-1968
provision_ref: s44
chapter: PART 8 - EVIDENTIAL PROVISIONS
section: 44
title: Record of case
content:
44. —(1) For the purpose of the determination of a prima facie case under section 16(8)( b )(i) — ( a ) a record of the case, whether or not its contents are admissible evidence under the law of the foreign State or declared Commonwealth territory that made the request for the surrender of the person; or ( b ) any other admissible evidence under the law of that foreign State or declared Commonwealth territory, may be submitted by or on behalf of a foreign State or declared Commonwealth territory making the request, if there is in force — ( c ) an extradition treaty between Singapore and the foreign State governing the use of a record of the case in proceedings under section 16(8); or ( d ) an agreement or arrangement between Singapore and the declared Commonwealth territory providing for an alternative evidential mechanism in place of the requirement under section 16(8)( b )(i). (2) A record of the case mentioned in subsection (1) — ( a ) must contain a summary of the evidence acquired to support the request for the surrender of the person; and ( b ) may contain any other relevant documents, including photographs or copies of documents, and documents related to the identification of the person. (3) A record of the case mentioned in subsection (1) is admissible as evidence if it is accompanied by a certificate by a judicial or prosecuting authority of the foreign State or declared Commonwealth territory stating that the evidence summarised or contained in the record of the case — ( a ) is available to be produced at the person’s trial; and ( b ) is sufficient, under the law of the foreign State or declared Commonwealth territory, to justify prosecution of the person. (4) Where a record of the case mentioned in subsection (1) is admissible in evidence under subsection (3), the court may in its discretion determine the weight to be given to the evidence adduced under the record of the case. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s45
chapter: PART 8 - EVIDENTIAL PROVISIONS
section: 45
title: Application of sections 238A and 281 of the Criminal Procedure Code 2010 to court proceedings
content:
45. —(1) Sections 238A and 281 (except subsection (2)) of the Criminal Procedure Code 2010 apply to any matter or court proceeding under this Act with the necessary modifications as if the matter or court proceeding were the matter or court proceeding mentioned in those provisions, and a reference in those provisions — ( a ) to an accused is a reference to the fugitive; ( b ) to remand includes a reference to custody; ( c ) to extension of the remand of the accused under section 238 of the Criminal Procedure Code 2010 is a reference to extension of the remand of the fugitive; ( d ) to proceedings for a State Court to record a plea of guilty from the accused is a reference to proceedings where the fugitive — (i) consents to his or her surrender; or (ii) informs the Magistrate that he or she wishes to waive his or her right to apply for a review of an order of committal; and ( e ) to a place within a court, a prison, an approved centre or an approved institution in Singapore includes any other place where the fugitive may be confined. (2) If there is any inconsistency between the provisions of the Criminal Procedure Code 2010 mentioned in subsection (1) and any provision of this Act, the provision of this Act prevails. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s46
chapter: PART 8 - EVIDENTIAL PROVISIONS
section: 46
title: Other modes of proving evidence not affected
content:
46. Nothing in this Part prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other written law or rule of law in Singapore. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s47
chapter: PART 9 - MISCELLANEOUS
section: 47
title: Jurisdiction as to offences committed at sea or in air
content:
47. Where an extradition offence was committed on board any vessel on the high seas or any aircraft while in flight outside Singapore or the territorial waters of Singapore which comes into any port or airport of Singapore, the Minister or any Magistrate may exercise the powers conferred by this Act. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s48
chapter: PART 9 - MISCELLANEOUS
section: 48
title: Jurisdiction of courts
content:
48. —(1) Without limiting any power or jurisdiction conferred upon a District Judge by the Criminal Procedure Code 2010, a District Judge has in the exercise of his or her jurisdiction all the powers that are conferred upon and exercised by a Magistrate under this Act. (2) Every District Judge and Magistrate has the jurisdiction to hear a case and power to commit a fugitive to custody or prison to await the fugitive’s return under this Act. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s49
chapter: PART 9 - MISCELLANEOUS
section: 49
title: Simultaneous requests
content:
49. —(1) If more than one foreign State or declared Commonwealth territory (as the case may be) makes a request for the surrender of a fugitive, the Minister may, having regard to the circumstances of the case, surrender the fugitive to any State or territory that the Minister thinks fit. (2) The Minister in determining to which State or territory the fugitive should be returned must consider all the circumstances of the case and in particular — ( a ) the relative seriousness of the offences; ( b ) the relative dates on which the requests were made; and ( c ) the citizenship or other national status of the fugitive and the fugitive’s ordinary residence. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s49A
chapter: PART 9 - MISCELLANEOUS
section: 49A
title: Arrest of person committed in prison or held in custody under this Act, etc.
content:
49A. The following persons may be arrested in the same manner as a person accused of an arrestable offence against the law in force in Singapore may be arrested upon an escape from lawful custody: ( a ) a person who escapes from the custody of the person executing a warrant of surrender against the firstmentioned person under this Act; ( b ) a person who escapes after being taken into custody, or committed to prison, under this Act. [Act 31 of 2022 wef 01/11/2022]


document_id: ea-1968
provision_ref: s50
chapter: PART 9 - MISCELLANEOUS
section: 50
title: Delegation
content:
50. The Attorney-General may delegate to a public officer any of his or her powers under this Act. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s51
chapter: PART 9 - MISCELLANEOUS
section: 51
title: Power to amend Schedules
content:
51. —(1) The Minister may — ( a ) from time to time, by order amend the First, Second and Fourth Schedules; and ( b ) by order amend the Third Schedule when an extradition treaty between any territory and Singapore has come into force or has ceased to be in force, as the case may be. (2) The Minister may, in any order made under subsection (1), make any saving or transitional provision as may be necessary or expedient. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1968
provision_ref: s52
chapter: PART 9 - MISCELLANEOUS
section: 52
title: Power to make rules
content:
52. —(1) The Minister may make rules to carry out the purposes of this Act. (2) In particular, and without limiting subsection (1), those rules may provide for all or any of the following matters: ( a ) the removal of fugitives accused or in custody or in prison under this Act and their control and maintenance until such time as they are handed over to the persons named in the warrant as entitled to receive them; ( b ) the seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this Act applies; ( c ) the form and manner in which or the channel through which a Magistrate may be required to make his or her report to the Minister under this Act; ( d ) any other matter which has to be, or may be, prescribed. [Act 17 of 2022 wef 01/07/2022]


document_id: ea-1970
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “annually” and “year” mean the period from 1 April of each year to 31 March of the following year; “armed forces” means any force constituted under the Singapore Armed Forces Act 1972, and such other force constituted under any written law, as the Minister may designate by notification in the Gazette ; [Act 10 of 2024 wef 01/05/2024] “duty” includes training; “employer” means any person who employs another person under a contract of service and includes the person who owns or is carrying on or is for the time being responsible for the management of a profession, business, trade or work in which other persons are employed; “fitness examination” means any examination which is considered by the proper authority to be necessary for the purpose of determining the fitness of a person for service; “full-time service” means service under section 12; “medical examination” includes any dental examination, blood test, X‑ray examination and any other examination or test that a medical board may consider necessary; “mobilised service” means service under section 18; “national service” means service under Parts 3 and 4 in the armed forces and service in the Singapore Police Force and the Singapore Civil Defence Force or such other force, body or organisation as the Minister may designate for this purpose by notification in the Gazette ; [Act 10 of 2024 wef 01/05/2024] “national serviceman” means a person in national service; “officer” — ( a ) in relation to the Singapore Armed Forces, has the meaning given by section 2(1) of the Singapore Armed Forces Act 1972; ( b ) in relation to the Singapore Police Force, means an officer of the Singapore Police Force of a rank not below Probationary Inspector; and ( c ) in relation to the Singapore Civil Defence Force, means an officer of the Singapore Civil Defence Force of a rank not below Second Lieutenant; [Act 10 of 2024 wef 01/05/2024] “operationally ready national service” means service under section 14; “permanent resident” means a permanent resident of Singapore as defined by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “person subject to this Act” means a person who is a citizen of Singapore or a permanent resident thereof and who is not less than 16 years and 6 months of age and not more than 40 years of age or, in the case of a person who — ( a ) is an officer of the Singapore Armed Forces, the Singapore Police Force or the Singapore Civil Defence Force (as the case may be) or a senior military expert; [Act 10 of 2024 wef 01/05/2024] ( b ) is an officer of the armed forces of a rank as may be regarded by the proper authority to be equivalent to that of an officer of the Singapore Armed Forces; or [Act 10 of 2024 wef 01/05/2024] ( c ) is skilled in an occupation which the Minister by notification in the Gazette designates as an occupation required to meet the needs of the armed forces, the Singapore Police Force or the Singapore Civil Defence Force, as the case may be, [Act 10 of 2024 wef 01/05/2024] not more than 50 years of age; “proper authority” means the Armed Forces Council established under section 8 of the Singapore Armed Forces Act 1972 and any person or body appointed by it by name or by office for the purposes of the whole or any Part of this Act; “registered medical practitioner” has the same meaning as in the Medical Registration Act 1997; “regular service” means service under section 19; “regular serviceman” means a person in regular service; “senior military expert” has the same meaning as in the Singapore Armed Forces Act 1972; “service” means national service and regular service; “Singapore Armed Forces” means the Singapore Armed Forces constituted under the Singapore Armed Forces Act 1972; [ Deleted by Act 10 of 2024 wef 01/05/2024 ] “Singapore Civil Defence Force” means the Singapore Civil Defence Force constituted under the Civil Defence Act 1986; [Act 10 of 2024 wef 01/05/2024] “Singapore Police Force” means the Singapore Police Force constituted under the Police Force Act 2004; [Act 10 of 2024 wef 01/05/2024] “subordinate military court” has the same meaning as in the Singapore Armed Forces Act 1972; [ Deleted by Act 10 of 2024 wef 01/05/2024 ] “voluntary service in the Singapore Armed Forces” means service as a volunteer as defined in the Singapore Armed Forces Act 1972. [13/2003; 28/2009; 10/2015] [Act 10 of 2024 wef 01/05/2024]


document_id: ea-1970
provision_ref: s3
chapter: PART 2 - REGISTRATION
section: 3
title: Persons required to register
content:
3. —(1) The proper authority may from time to time by notice require a person subject to this Act to report for registration and for fitness examination for the purposes of service under this Act. (2) A person required to report for registration and fitness examination under subsection (1) shall report to the proper authority at such date, time and place as may be specified in the notice and shall attend from day to day until duly registered and examined.


document_id: ea-1970
provision_ref: s4
chapter: PART 2 - REGISTRATION
section: 4
title: Registration
content:
4. —(1) A person required to report for registration shall — ( a ) furnish such particulars about himself as may be prescribed; ( b ) submit for inspection to the proper authority such certificates or documents as may be prescribed; ( c ) carry on his person such certificate or document as may be issued by the proper authority and present that document or certificate on demand to the proper authority or to any military policeman, police officer or to any person acting on his behalf; and ( d ) submit to the taking of his photograph and finger impressions. (2) Any person affected by a notice given under section 3(1) who, without lawful excuse, fails to present himself for registration in accordance with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [14/2006] (3) The court before which a person is convicted of an offence under subsection (2) may also order that person to present himself for registration for national service on or before a specified date and any person who, without lawful excuse, fails to present himself for registration in accordance with such an order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 for every day during which he fails to register himself after the specified date.


document_id: ea-1970
provision_ref: s5
chapter: PART 2 - REGISTRATION
section: 5
title: Fitness examination
content:
5. A person required to report for a fitness examination shall — ( a ) undergo or submit himself to that examination; and ( b ) furnish the proper authority with correct and complete information in respect of any matter which the proper authority considers to be material for the purpose of determining his fitness for service or fitness for any duty in service.


document_id: ea-1970
provision_ref: s6
chapter: PART 2 - REGISTRATION
section: 6
title: Information
content:
6. The proper authority may, in accordance with regulations made under this Act, order any person to furnish information in respect of a person subject to this Act.


document_id: ea-1970
provision_ref: s7
chapter: PART 2 - REGISTRATION
section: 7
title: Fitness for service
content:
7. —(1) The fitness for service of a person subject to this Act shall be determined, from time to time, by the proper authority in accordance with the fitness examination and the needs of the armed forces, the Singapore Police Force or the Singapore Civil Defence Force, as the case may be. [Act 10 of 2024 wef 01/05/2024] (2) No person who is not medically fit shall be found fit for service.


document_id: ea-1970
provision_ref: s8
chapter: PART 2 - REGISTRATION
section: 8
title: Medical examination
content:
8. —(1) The proper authority shall appoint medical boards for the purpose of determining the medical fitness of persons required to report for a fitness examination. (2) Every medical board shall consist of one or more members who shall be registered medical practitioners. (3) In the case of a medical board consisting of more than one member, the proper authority shall nominate one of the members to be chairman. (4) Where a medical board consists of more than one member, it shall determine whether a person is medically fit or not by a majority vote. (5) In the case of an equality of votes, the chairman of the medical board shall have a second or casting vote. (6) Every medical board shall act for and on behalf of the proper authority and may subject a person required to report for a fitness examination to a medical examination. (7) For the purpose of conducting a medical examination, a medical board may require a person subject to this Act who is liable to report for a fitness examination to be examined by a person who is not a member of the medical board.


document_id: ea-1970
provision_ref: s9
chapter: PART 2 - REGISTRATION
section: 9
title: Further reporting
content:
9. The proper authority may, at any time, require a person subject to this Act who is liable to report for registration or a fitness examination to report again on such other occasions as may be considered necessary.


document_id: ea-1970
provision_ref: s10
chapter: PART 3 - NATIONAL SERVICE
section: 10
title: Duty to report for enlistment
content:
10. —(1) Subject to the provisions of this Act, the proper authority may by notice require a person subject to this Act not below the age of 18 years to report for enlistment for national service. (2) A person required to report for enlistment for national service shall report to the proper authority on such date and at such time and place as may be specified in the notice and shall attend from day to day until duly enlisted. (3) Enlistment for national service shall be in the manner approved by the proper authority. (4) No duty of any kind shall be imposed on a person required to report for enlistment or service unless he is found fit for service.


document_id: ea-1970
provision_ref: s11
chapter: PART 3 - NATIONAL SERVICE
section: 11
title: Liability to be transferred from one service to another
content:
11. A person required under section 10 to report for enlistment for national service shall be liable to render any form of national service and may at any time, at the discretion of the proper authority, be transferred from one form of service to another, from one force to another or from one unit to another.


document_id: ea-1970
provision_ref: s12
chapter: PART 3 - NATIONAL SERVICE
section: 12
title: Liability to render full-time service
content:
12. —(1) Every person subject to this Act who is fit for national service and enlisted on or after 1 January 1971 shall be liable to render full‑time service for a period not exceeding 2 years except that where a person — ( a ) is, during the period of service in — (i) the Singapore Armed Forces or the Singapore Civil Defence Force, promoted to a rank above the rank of Lance‑Corporal in the Singapore Armed Forces or the Singapore Civil Defence Force, as the case may be; (ii) the Singapore Police Force, promoted to a rank above the rank of Special Constable 2 in the Singapore Police Force; or (iii) any of the other armed forces or in a force, body or organisation which is designated by the Minister for the purposes of national service, promoted to a rank as may be regarded by the proper authority as equal to a rank above the rank of Lance‑Corporal in the Singapore Armed Forces; [Act 10 of 2024 wef 01/05/2024] ( b ) holds, during the period of service in a force, body or organisation which is designated by the Minister for the purposes of national service and in which there is no classification of the members of the force, body or organisation into ranks similar to those in any of the armed forces, such position or has, during the period of service in such force, body or organisation, such status as may be regarded by the proper authority as equal to the position or status, as the case may be, of a national serviceman in the Singapore Armed Forces who holds a rank above the rank of Lance‑Corporal in the Singapore Armed Forces; ( c ) is, during the period of service in — (i) the Singapore Armed Forces, the Singapore Police Force or the Singapore Civil Defence Force, selected by the proper authority for training or a course intended to qualify the person to be an officer in the Singapore Armed Forces, the Singapore Police Force or the Singapore Civil Defence Force, as the case may be; or (ii) any of the other armed forces, or in a force, body or organisation which is designated by the Minister for the purposes of national service, selected for training or a course intended to qualify the person for such rank, position or status as may be regarded by the proper authority as equal to the rank, position or status, as the case may be, of an officer in the Singapore Armed Forces; or [Act 10 of 2024 wef 01/05/2024] ( d ) having been so selected as referred to in paragraph ( c ), is currently undergoing such officer training or other training or attending the course, such person shall be liable to serve for a period not exceeding 2 years and 6 months. (2) A reduction or reversion in rank or the loss of a position or status referred to in subsection (1) shall not affect the liability of a person incurred under that subsection.


document_id: ea-1970
provision_ref: s13
chapter: PART 3 - NATIONAL SERVICE
section: 13
title: Duty to render operationally ready national service
content:
13. Every person subject to this Act, who is fit for national service, shall be liable, while not in any full‑time service under this Act, to render operationally ready national service.


document_id: ea-1970
provision_ref: s14
chapter: PART 3 - NATIONAL SERVICE
section: 14
title: Operationally ready national service liability
content:
14. —(1) Every person who is liable for operationally ready national service shall — ( a ) report for service, in accordance with this Act, whenever he is required to do so by the proper authority on the date and at the time appointed by the proper authority for him to report for operationally ready national service; and ( b ) serve, while fit for national service, for a period or periods not exceeding in the aggregate 40 days annually. [Act 10 of 2024 wef 01/05/2024] (2) Nothing in subsection (1) shall preclude any person who is liable for operationally ready national service from serving for a period or periods longer than the period or periods specified in subsection (1)( b ) if so authorised by the proper authority. [Act 10 of 2024 wef 01/05/2024]


document_id: ea-1970
provision_ref: s15
chapter: PART 3 - NATIONAL SERVICE
section: 15
title: Computation of operationally ready national service
content:
15. —(1) In computing the periods of operationally ready national service required under section 14(1)( b ) or (2), the following provisions shall apply: ( a ) where a period of continuous operationally ready national service falls within 2 years, the whole period shall be deemed to fall within the first year; ( b ) a period of operationally ready national service not exceeding 4 hours shall be deemed to be half a day of service; ( c ) a period of operationally ready national service between 4 and 24 hours shall be deemed to be one day of service; and ( d ) where a person serves for a period exceeding 24 hours, every calendar day on which he serves, including the first and the last day, shall be deemed to be one day of service though the latter periods might be of less than 24 hours duration. [Act 10 of 2024 wef 01/05/2024] (2) For the purposes of subsection (1)( c ), where a period of operationally ready national service between 18 and 24 hours falls within 2 calendar days it shall be deemed to be 2 days of service.


document_id: ea-1970
provision_ref: s16
chapter: PART 4 - MOBILISED SERVICE
section: 16
title: Proclamation by President
content:
16. Where the interests of Singapore so require, the President may, by proclamation, empower the proper authority to call out persons liable to render full-time service, operationally ready national service or regular service for mobilised service. [19/94]


document_id: ea-1970
provision_ref: s17
chapter: PART 4 - MOBILISED SERVICE
section: 17
title: Mobilised service liability
content:
17. Where a proclamation under section 16 is issued, the proper authority may order — ( a ) that a person shall not be released at the end of his period of full‑time service, operationally ready national service or regular service and that the person shall continue to render mobilised service; and ( b ) that a person liable for operationally ready national service shall report for mobilised service.


document_id: ea-1970
provision_ref: s18
chapter: PART 4 - MOBILISED SERVICE
section: 18
title: Liability to render mobilised service
content:
18. Every person liable for mobilised service shall upon a proclamation being issued under section 16 report for mobilised service and remain in mobilised service until discharged or released by the proper authority.


document_id: ea-1970
provision_ref: s19
chapter: PART 5 - REGULAR SERVICE
section: 19
title: Regular service
content:
19. —(1) Any person may apply to the proper authority to be enlisted for regular service in the Singapore Armed Forces. [7/72] (2) Where a person applies to be enlisted for such regular service, the proper authority may require him to report for registration and fitness examination. (3) Where the proper authority approves and accepts the application of any person for regular service, the proper authority shall notify the person of that acceptance and may require him to report for enlistment and service.


document_id: ea-1970
provision_ref: s20
chapter: PART 5 - REGULAR SERVICE
section: 20
title: Terms and conditions of regular service
content:
20. —(1) A person required to report under section 19 shall be liable to render regular service for the period approved by the proper authority and under such terms and conditions as may be provided for from time to time in regulations made under any written law relating to the armed forces. (2) No person shall be liable to render regular service in excess of the period for which he has applied to serve. (3) The proper authority may at any time order the discharge of a person from regular service before the expiry of his period of service for any reason provided for in regulations made under any written law relating to the armed forces. (4) Subject to subsection (5), where a regular serviceman is sentenced by a subordinate military court to a discharge with ignominy or dismissal, he shall be deemed to be discharged from regular service on the occurrence of any of the following events: ( a ) where no petition of review or appeal has been lodged — the expiration of the time limited for the lodging of such petition; or ( b ) where a petition of review or appeal has been lodged — the confirmation of the sentence by the reviewing authority or the Military Court of Appeal, as the case may be. [13/2003] (5) The discharge of a regular serviceman under subsection (4) shall take effect from the date of the sentence by reason of which he is discharged or from such other date as may be specified by the subordinate military court. [13/2003] (6) In this section — “Military Court of Appeal” means the Court established under Part 7 of the Singapore Armed Forces Act 1972; “reviewing authority” means the reviewing authority referred to in section 116(1) of the Singapore Armed Forces Act 1972. [13/2003]


document_id: ea-1970
provision_ref: s21
chapter: PART 6 - DUTY OF EMPLOYER
section: 21
title: Reinstatement of servicemen in employment
content:
21. —(1) Every employer, who has had in his employment a person subject to this Act for a continuous period of at least 6 months immediately preceding the date on which that person was ordered — ( a ) to report for or actually perform full‑time service, operationally ready national service or mobilised service; or ( b ) to report for mobilised service under section 73 or 97 of the Police Force Act 2004 or section 113(1)( a ) of the Civil Defence Act 1986, shall reinstate that person in his employment at the termination of such service. [24/2004; 53/2018] (2) Notwithstanding subsection (1), where the person referred to in that subsection has been required to perform further operationally ready national service under section 118(17) of the Singapore Armed Forces Act 1972 the employer may, in his discretion, reinstate that person. (3) Subsections (1) and (2) shall not apply to an employer if the person subject to this Act whom he has had in his employment was called up for full‑time service and would have remained in that employment only for an agreed definite or certain period of time had that person not been ordered to perform full‑time service. (4) Where a person subject to this Act is reinstated under subsection (1) or (2), the employer shall whenever practicable reinstate him in an occupation and under conditions not less favourable than those which would have been applicable to him had he not been in service. (5) Any employer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which he is convicted may order the employer to pay to the person whom he has failed to reinstate a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to him by the employer. (6) In any proceedings under this section, it shall be a defence for the employer to prove that the person formerly employed by him did not, before the expiration of 3 months after termination of the service for which that person was called up, apply to the employer for reinstatement.


document_id: ea-1970
provision_ref: s22
chapter: PART 6 - DUTY OF EMPLOYER
section: 22
title: Prohibition against dismissal
content:
22. —(1) No employer shall dismiss a person subject to this Act solely or mainly by reason of any duty or liability which that person is, or may become, liable to perform or discharge by reason of his being, or being liable to be, called up for — ( a ) service under this Act; ( b ) mobilised service under section 73 of the Police Force Act 2004 or section 113(1)( a ) of the Civil Defence Act 1986; or ( c ) voluntary service in the Singapore Armed Forces, [Act 10 of 2024 wef 01/05/2024] unless that person — ( d ) has assumed duty or liability in connection with additional operationally ready national service under a punishment imposed by a court under section 118(17) of the Singapore Armed Forces Act 1972; or ( e ) is called up for full‑time service and is employed only for an agreed definite or certain period of time. [24/2004; 53/2018] (2) An employer may, in his discretion, dismiss any person to whom subsection (1)( d ) or ( e ) applies. (3) For the purpose of this section where any duty or liability of service under this Act caused or contributed to the dismissal of a person subject to this Act, he shall be deemed to have been dismissed by reason of that duty or liability, unless the employer proves that the dismissal was for a reason unconnected therewith. (4) Any employer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which he is convicted may order the employer to pay to the dismissed person as compensation a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to him by the employer.


document_id: ea-1970
provision_ref: s23
chapter: PART 6 - DUTY OF EMPLOYER
section: 23
title: Leave of absence
content:
23. —(1) The employer of a person required to report for — ( a ) national service; ( b ) mobilised service under section 73 of the Police Force Act 2004 or section 113(1)( a ) of the Civil Defence Act 1986; or ( c ) voluntary service in the Singapore Armed Forces, [Act 10 of 2024 wef 01/05/2024] shall grant that person leave of absence during his period of service. [24/2004; 53/2018] (2) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: ea-1970
provision_ref: s24
chapter: PART 6 - DUTY OF EMPLOYER
section: 24
title: Loss of civilian remuneration
content:
24. —(1) Subject to such conditions, restrictions or limitations as the Minister may by regulations provide, a person who is performing any — ( a ) [ Deleted by Act 10 of 2024 wef 01/05/2024 ] ( b ) operationally ready national service under section 14(1)( b ) or (2); [Act 10 of 2024 wef 01/05/2024] ( c ) voluntary service in the Singapore Armed Forces; or [Act 10 of 2024 wef 01/05/2024] ( d ) mobilised service, and who, immediately prior to the performance of such service, was or is — ( e ) self‑employed; ( f ) a platform worker providing a platform service for a platform operator; [Act 30 of 2024 wef 01/01/2025] ( g ) gainfully employed by one or more employers; [Act 30 of 2024 wef 01/01/2025] ( h ) self-employed as well as a platform worker; [Act 30 of 2024 wef 01/01/2025] ( i ) self-employed as well as gainfully employed under a contract of service; [Act 30 of 2024 wef 01/01/2025] ( j ) a platform worker as well as gainfully employed under a contract of service; or [Act 30 of 2024 wef 01/01/2025] ( k ) self-employed, gainfully employed under a contract of service as well as a platform worker, shall be entitled to claim reimbursement of an amount by which his civilian remuneration is reduced as a result of being required to perform such service, less any service remuneration to which he is entitled in respect of that service. [Act 10 of 2024 wef 01/05/2024] [Act 30 of 2024 wef 01/01/2025] (2) The designated authority may pay the claims under subsection (1) from moneys to be provided by Parliament. (3) If a dispute arises between the designated authority and a person subject to this Act as to the amount that such person may claim by way of reimbursement under subsection (1), the matter shall be referred to the Minister whose decision shall be final. (4) Where a person subject to this Act is required to perform further operationally ready national service under section 118(17) of the Singapore Armed Forces Act 1972, his employer shall, subject to subsection (5), be liable to pay that person at a rate equal to his usual rate of civilian remuneration, less the amount of any remuneration due to him in respect of such further operationally ready national service, except that — ( a ) where that person is gainfully employed under a contract of service by 2 or more employers — each of the employers concerned shall be liable to pay the difference between his civilian remuneration and his service remuneration in the proportion that the civilian remuneration paid by each of the employers bears to the total civilian remuneration that the operationally ready national serviceman receives from all his employers; or ( b ) where that person — (i) is self-employed as well as gainfully employed under a contract of service; (ii) is a platform worker as well as is gainfully employed under a contract of service; or (iii) is self-employed, a platform worker as well as is gainfully employed under a contract of service, his employer shall only be liable to pay the difference between his civilian remuneration and his service remuneration in the proportion that the civilian remuneration paid by his employer bears to his total civilian remuneration. [Act 30 of 2024 wef 01/01/2025] (5) An employer who has paid any sum under subsection (4) shall not be entitled to claim reimbursement thereof from the designated authority. (6) Where under the Central Provident Fund Act 1953 an employer pays contributions in respect of his employee, the employer shall continue to pay the same amount of contributions and at the same rate notwithstanding that his employee is performing — ( a ) any service under section 14 of this Act or section 118(17) of the Singapore Armed Forces Act 1972, unless the employee has been dismissed under section 22 of this Act on account of his further service under section 118(17) of the Singapore Armed Forces Act 1972; ( b ) any voluntary service in the Singapore Armed Forces; or [Act 10 of 2024 wef 01/05/2024] ( c ) any mobilised service. (6A) Where under the Central Provident Fund Act 1953 a platform operator pays contributions in respect of a platform worker who provides a platform service for that platform operator, the platform operator shall continue to pay the same amount of contributions and at the same rate notwithstanding that the platform worker is performing — ( a ) any service under section 14 of this Act or section 118(17) of the Singapore Armed Forces Act 1972; ( b ) any voluntary service in the Singapore Armed Forces; or ( c ) any mobilised service. [Act 30 of 2024 wef 01/01/2025] (7) In this section and section 25 — “civilian remuneration”, in respect of any person, means the following moneys which the person would have received had he not been required to perform any relevant service — ( a ) remuneration derived from gainful employment, self‑employment or the provision of a platform service for a platform operator; and [Act 10 of 2024 wef 01/05/2024] [Act 30 of 2024 wef 01/01/2025] ( b ) any other pay component — (i) that is provided to be paid to the person under his contract of employment or service; (ii) that is, immediately before the date of the commencement of relevant service, received by the person on a regular basis for such period as may be prescribed by regulations; (iii) in respect of which the employer is liable to pay contributions under section 7 of the Central Provident Fund Act 1953, unless exempted under that Act; and (iv) that falls within the definition of “gains or profits from any employment” in section 10(2) of the Income Tax Act 1947, but does not include ex gratia payments or allowances paid to reimburse the person for expenses incurred by him in the course of employment; “designated authority” means any person designated by the Minister for the purposes of this Act; “mobilised service” includes mobilised service under section 73 or 97 of the Police Force Act 2004 or section 113(1)( a ) of the Civil Defence Act 1986; “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “platform service” has the meaning given by section 3 of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “relevant service” means — ( a ) service under section 14 or 18 of this Act or section 118(17) of the Singapore Armed Forces Act 1972; ( b ) voluntary service in the Singapore Armed Forces; or [Act 10 of 2024 wef 01/05/2024] ( c ) mobilised service; [ Deleted by Act 10 of 2024 wef 01/05/2024 ] “service remuneration” means any remuneration payable by the Government for any service before any deduction is made under any written law or with any order or instruction of the Government or the armed forces. [24/2004; 53/2018] [Act 10 of 2024 wef 01/05/2024]


document_id: ea-1970
provision_ref: s25
chapter: PART 6 - DUTY OF EMPLOYER
section: 25
title: Direct payment by employer
content:
25. —(1) Subject to the designated authority’s consent and to such conditions, restrictions and limitations as may be prescribed in regulations made under this Act, the employer of a person who is entitled to claim reimbursement in respect of the performance of any relevant service under section 24(1) may pay the person his civilian remuneration in respect of the period of service and claim that amount from the designated authority. (2) A person shall not be entitled to claim reimbursement in respect of the performance of any relevant service under section 24(1) if he has been paid his civilian remuneration by his employer under subsection (1). (3) If a dispute arises between the designated authority and the employer as to the amount that the employer may claim under subsection (1), the matter shall be referred to the Minister whose decision shall be final.


document_id: ea-1970
provision_ref: s26
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 26
title: Application of military law
content:
26. —(1) Any person required under this Act to report for enlistment or service in the Singapore Army established under the repealed Singapore Army Act 1965 (Act 13 of 1965) or the People’s Defence Force as constituted under the repealed People’s Defence Force Act (Cap. 234, 1970 Revised Edition), shall, from such date and time as may be specified, be subject to military law. (2) The repealed Singapore Army Act 1965 (Act 13 of 1965) or any other Act relating to the armed forces shall apply to the person referred to in subsection (1) notwithstanding that he has not complied with the order.


document_id: ea-1970
provision_ref: s27
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 27
title: Release and unaccountable periods
content:
27. —(1) Subject to this Act, a national serviceman or a regular serviceman shall be released by the proper authority at the end of the period which he is liable to serve. (2) In computing the period of service of any person referred to in subsection (1), no account shall be taken of — ( a ) any period before the day on which he reported for enlistment or for national service; ( b ) any period of absence from duty without leave or desertion where he was convicted therefor; ( c ) any period during which he was serving or would have been serving, if he were not unlawfully at large, a term of imprisonment, special detention, detention under any written law or reformative training; [Act 10 of 2024 wef 01/05/2024] ( d ) any period during which he was under close arrest or civil custody on a charge for an offence of which he was subsequently convicted by a subordinate military court or a civil court or at summary trial; [Act 10 of 2024 wef 01/05/2024] ( e ) any period during which he was — (i) serving a term of imprisonment or other detention outside Singapore; (ii) held in custody in a jurisdiction outside Singapore; or (iii) prevented by any authority or court in a jurisdiction outside Singapore from returning to Singapore; [Act 10 of 2024 wef 01/05/2024] ( f ) any period during which he was on leave of absence that was authorised by the proper authority and for which he did not receive any service remuneration as defined in section 24(7); [Act 10 of 2024 wef 01/05/2024] ( g ) any period during which he was on medical leave which was subsequently rescinded by the medical officer or medical practitioner who issued the medical certificate for the medical leave or by any other authority appointed by the relevant proper authority; or [Act 10 of 2024 wef 01/05/2024] ( h ) any period of such duration or description, or during which the person was subject to such circumstances, as may be prescribed. [13/2003] [Act 10 of 2024 wef 01/05/2024] (3) In this section — “civil court” has the meaning given by section 2(1) of the Singapore Armed Forces Act 1972; “civil custody” means any custody that does not fall within the definition of “military custody” in section 2(1) of the Singapore Armed Forces Act 1972 and includes the following: ( a ) custody after arrest; ( b ) custody on remand by a civil court; ( c ) custody when bail is revoked; ( d ) custody or detention authorised under any written law; “summary trial” has the meaning given by section 2(1) of the Singapore Armed Forces Act 1972. [13/2003] [Act 10 of 2024 wef 01/05/2024]


document_id: ea-1970
provision_ref: s28
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 28
title: Postponement
content:
28. The proper authority may by notice postpone for such period as it may consider appropriate all or any part of the liability of any person under this Act.


document_id: ea-1970
provision_ref: s29
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 29
title: Exemption
content:
29. The proper authority may by notice exempt any person from all or any part of the liability of that person under this Act.


document_id: ea-1970
provision_ref: s30
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 30
title: Orders, notices, permits and appointments
content:
30. —(1) Orders, notices, permits and appointments issued or made under this Act may be of a general nature or may refer to a class of persons or to one person or to any number of persons. (2) An order or notice issued or made under this Act may be served on any person — Personal delivery and telephone conversation ( a ) by delivering it personally, or reading the contents of the order or notice over the telephone personally, to that person; Publication in newspapers and Gazette ( b ) by publishing it in the daily newspapers circulating in Singapore in all the official languages or in the Gazette ; Broadcast over radio and television ( c ) by broadcasting it over the radio and television in the prescribed manner; Public-address system or siren ( d ) by audible signals given in the prescribed manner over a public‑address system or through a siren where such signals are audible from the usual or last known place of residence, business and employment of the person to be served; Registered post ( e ) by sending it by registered post to the person to be served at the usual or last known place of residence or business of that person; Delivery to member of family or household at residence ( f ) by leaving it at the usual or last known place of residence of the person to be served with a member of his family or household who is apparently above the age of 16 years and apparently residing at that place; Telephone conversation with member of family or household ( g ) by reading the contents of the order or notice over the telephone to a member of the family or household of the person to be served who is apparently above the age of 16 years and apparently residing at the usual or last known place of residence of the person to be served; Delivery to employee or person in charge of working place ( h ) by leaving it at the usual or last known place of business or employment of the person to be served with a person apparently above the age of 16 years and apparently in charge of or employed at that place; Telephone conversation with employee or person in charge of working place ( i ) by reading the contents of the order or notice over the telephone to a person apparently above the age of 16 years and apparently in charge of or is employed at the usual or last known place of business or employment of the person to be served; Short message service ( j ) by sending it by short message service to the mobile telephone number of the person to be served; [Act 10 of 2024 wef 01/05/2024] Facsimile transmission and other means of telecommunication ( k ) by sending it by facsimile transmission or any other prescribed means of telecommunication to the person to be served at the usual or last known place of residence, business or employment of that person where there is an acknowledgment by electronic or any other means to the effect that the order or notice has been received at that place; [Act 10 of 2024 wef 01/05/2024] Email ( l ) subject to subsection (2A), by sending it by email to the last email address given to the proper authority by the person to be served as the email address for the service of orders or notices issued or made under this Act; [Act 10 of 2024 wef 01/05/2024] Electronic service platform ( m ) subject to subsection (2A), by serving it to the account assigned to the person to be served and notifying the person of this fact by a message sent by short message service to the mobile telephone number of the person to be served; [Act 10 of 2024 wef 01/05/2024] Other means of service ( n ) subject to subsection (2A), by sending an electronic notice to the person to be served by the person’s chosen means of notification, stating that the order or notice is available and how the person may use the person’s chosen means of access to access the contents of the order or notice; or ( o ) by any other method authorised by regulations made under this Act for the service of orders or notices of that kind if the person to be served consents to service of an order or notice of that kind in that way. [Act 10 of 2024 wef 01/05/2024] Service by certain modes only with person’s consent (2A) Service of any order or notice under this Act on a person under subsection (2)( l ), ( m ) and ( n ) may be effected only with the person’s prior consent to service in that way. [Act 10 of 2024 wef 01/05/2024] Knowledge of order or notice (3) Where an order or notice is served on any person under — ( a ) subsection (2)( b ), it shall be deemed to have been read by the person to whom it applies by noon on the day following the date of publication; ( b ) subsection (2)( c ) or ( d ), it shall be deemed to have been seen or heard by the person to whom it applies on the expiry of 6 hours from the commencement of the first broadcast or audible signal, as the case may be; ( c ) subsection (2)( e ), it shall be deemed to have been received and read by the person to whom it applies on the expiry of 48 hours from the time at which it was delivered to the post office for despatch; ( d ) subsection (2)( f ) or ( g ), it shall be deemed to have been conveyed or read to the person to whom it applies at the time of delivery or telephone conversation, as the case may be; ( e ) subsection (2)( h ) or ( i ), it shall be — (i) presumed, until the contrary is proved, to have been conveyed or read to the person to whom it applies at the time of delivery or telephone conversation, as the case may be; and (ii) deemed to have been conveyed or read to the person to whom it applies on the expiry of 6 hours from the time of delivery or telephone conversation, as the case may be; [Act 10 of 2024 wef 01/05/2024] ( f ) subsection (2)( j ) or ( k ), it shall be — (i) presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time of the first transmission; and (ii) deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time of the first transmission; [Act 10 of 2024 wef 01/05/2024] ( g ) subsection (2)( l ), it shall be — (i) presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time the email is capable of being retrieved by the person; and (ii) deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time the email is capable of being retrieved by the person; [Act 10 of 2024 wef 01/05/2024] ( h ) subsection (2)( m ), it shall be — (i) presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time the contents of the order or notice are capable of being accessed by the person through the electronic service platform, and the message notifying the person that the order or notice has been served to the person’s account on the electronic service platform has been sent by short message service to the person’s mobile telephone number; and (ii) deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time the contents of the order or notice are capable of being accessed by the person through the electronic service platform, and the message notifying the person that the order or notice has been served to the person’s account on the electronic service platform has been sent by short message service to the person’s mobile telephone number; or [Act 10 of 2024 wef 01/05/2024] ( i ) subsection (2)( n ), it shall be — (i) presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time the electronic notice is capable of being retrieved by the person by the person’s chosen means of notification, and the contents of the order or notice are capable of being accessed by the person by the person’s chosen means of access; and (ii) deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time the electronic notice is capable of being retrieved by the person by the person’s chosen means of notification, and the contents of the order or notice are capable of being accessed by the person by the person’s chosen means of access. [Act 10 of 2024 wef 01/05/2024] Order or notice to remain in force until compliance or revocation (4) An order or notice issued under this Act shall remain in force until it is complied with or revoked and a person not complying with such an order or notice at the specified time shall be liable to comply with it as soon as possible. Conditions and revocation (5) An order, notice, permit or appointment, issued or made under this Act, may be subject to conditions and may be revoked at any time. Ignorance of order or notice not an excuse (6) Where a person has under subsection (3) been deemed to have knowledge of an order or notice issued under this Act, ignorance of the fact that the order or notice has been duly served on him under subsection (2) shall not be an excuse for failing to comply with that order or notice. Documents to be served in proceedings in court (7) This section does not apply to documents to be served in proceedings in court. [Act 10 of 2024 wef 01/05/2024] Definitions (8) In this section — “account assigned to the person to be served” means the account (on the relevant electronic service platform) assigned under section 30A(2) by the proper authority to the person to be served; “chosen means of access”, for a person on whom is or is to be served an order or notice issued or made under this Act, means an electronic means that the person agrees with the proper authority as the means by which the person may access the contents of that order or notice; “chosen means of notification”, for a person on whom is or is to be served an order or notice issued or made under this Act, means an electronic means that the person nominates to the proper authority as the means by which the person may be notified that such an order or notice has been served on the person; “mobile telephone number” means the last mobile telephone number given (in accordance with a legal requirement under this Act) to the proper authority by the person to be served, and which the person has acknowledged may be used by the proper authority for the service of any order or notice issued or made under this Act. [Act 10 of 2024 wef 01/05/2024]


document_id: ea-1970
provision_ref: s30A
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 30A
title: Electronic service platform
content:
30A. —(1) The proper authority may provide one or more electronic service platforms for the electronic service of orders or notices issued or made under this Act. (2) For the purposes of each electronic service platform, the proper authority may assign to any person an account with the relevant electronic service platform. (3) Subject to section 30(2A), the proper authority may serve an order or notice on that person by transmitting an electronic record of that order or notice to the account assigned to that person. (4) The Minister may make regulations under section 37 which are necessary or expedient for carrying out the purposes of this section, including but not limited to regulations prescribing the procedure for the use of the electronic service platform and the manner of assignment of the accounts mentioned in subsection (2). [Act 10 of 2024 wef 01/05/2024]


document_id: ea-1970
provision_ref: s31
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 31
title: Calculation of age
content:
31. For the purpose of calculation of age under this Act, the following provisions shall apply: ( a ) where the month in which a person was born is not entered in his identity card, he shall be deemed to be born on 1 July; ( b ) where the day of the month on which a person was born is not entered in his identity card, he shall be deemed to be born on the first day of the month; and ( c ) where the year in which a person was born is not entered in his identity card, the proper authority may order him to undergo medical examinations and produce evidence in respect of his age and shall decide on his year of birth.


document_id: ea-1970
provision_ref: s32
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 32
title: Exit permits
content:
32. —(1) Subject to any regulations made under section 37, a person subject to this Act or a relevant child, shall not leave Singapore or remain outside Singapore unless he is in possession of a valid permit (referred to in this Act as exit permit) issued by the proper authority permitting him to do so. [14/2006] [Act 10 of 2024 wef 01/05/2024] (2) A person to whom an exit permit under subsection (1) is granted shall return to Singapore before the expiry of the period for which he was allowed to stay outside Singapore. (3) Any relevant child within or outside Singapore who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [14/2006] (4) Where any relevant child contravenes subsection (1) or (2), each parent within or outside Singapore of the relevant child shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [14/2006] (5) In this section — “parent”, in relation to a relevant child, includes a guardian and any person having the actual custody of the relevant child; “relevant child” means a person who is a citizen or permanent resident of Singapore and who is not less than 13 years of age but less than 16 years and 6 months of age. [14/2006]


document_id: ea-1970
provision_ref: s33
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 33
title: Offences
content:
33. Except as provided in section 32(3) and (4), any person within or outside Singapore who — ( a ) fails to comply with any order or notice issued under this Act; ( b ) fails to fulfil any liability imposed on him under this Act; ( c ) fraudulently obtains or attempts to obtain postponement, release, discharge or exemption from any duty under this Act; ( d ) does any act with the intention of unlawfully evading service; ( e ) gives the proper authority or any person acting on his behalf false or misleading information; or ( f ) aids, abets or counsels any other person to act in the manner laid down in paragraph ( a ), ( b ), ( c ), ( d ) or ( e ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [14/2006]


document_id: ea-1970
provision_ref: s34
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 34
title: Composition of offences
content:
34. —(1) The proper authority may, in its discretion, compound any offence under this Act which is prescribed to be a compoundable offence by collecting from a person reasonably suspected of having committed the offence — ( a ) a sum not exceeding $1,000 in the case of an offence under this Act; or ( b ) a sum not exceeding $500 in the case of an offence under the regulations. (2) On payment of such sum, no further proceedings shall be taken against that person in respect of the offence. (3) The Minister may make regulations to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section.


document_id: ea-1970
provision_ref: s35
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 35
title: Enlistment inspectors
content:
35. The proper authority may appoint one or more public officers as enlistment inspectors to investigate the commission of any offence under this Act.


document_id: ea-1970
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 36
title: Powers of enlistment inspectors and police officers
content:
36. —(1) Any enlistment inspector may, without warrant, arrest any person who he reasonably believes has committed an offence under this Act. (2) Where a person is arrested by an enlistment inspector under this section, the enlistment inspector shall comply with sections 67 and 68 of the Criminal Procedure Code 2010 as if he were a police officer. [15/2010] (3) In any case relating to the commission of an offence under this Act, any enlistment inspector shall have the power to do all or any of the following: ( a ) to require by order any person who the enlistment inspector has reason to believe has any article, document or information relevant to the carrying out of the provisions of this Act to produce any such article or document, or give such information, and to retain the article or document, or make copies of such documents; ( b ) to examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person who shall be bound to state truly the facts and circumstances with which he is acquainted, and the statement made by that person shall be read over to him and shall, after correction, be signed by him; ( c ) to require by order in writing the attendance before him of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and that person shall so attend as required and if he fails to attend as so required, to report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order. (4) Any enlistment inspector specially authorised in writing by the proper authority may, with a warrant issued by the proper authority and with or without assistance, enter and search any premises, if he has reasonable cause to believe — ( a ) that evidence of the commission of an offence under this Act can be found therein; and ( b ) that a person to whom an order under subsection (3)( a ) has been or might be issued will not or would not produce the article, document or information as directed in the order or that the article, document or information is not in the possession of any person, and may seize any evidence so found. (5) In addition to any other power conferred by written law, any police officer may exercise the powers conferred upon an enlistment inspector under subsections (1) and (3).


document_id: ea-1970
provision_ref: s37
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 37
title: Regulations
content:
37. —(1) The Minister may make such regulations as may be necessary or expedient to carry out the purposes and provisions of this Act and for prescribing anything that may be required, authorised or permitted to be prescribed by this Act. [Act 10 of 2024 wef 01/05/2024] (2) Without prejudice to the generality of subsection (1), the Minister may make regulations relating to — ( a ) payment of remuneration to persons in national service; ( b ) duties of persons liable for service; ( c ) duties of employers in respect of national servicemen; ( d ) appointment of advisory boards; ( e ) registration, fitness examination and enlistment; ( f ) postponement, exemption, release and discharge; ( g ) exit permits, including exemptions from the requirements under section 32 for any class of prescribed persons or in prescribed circumstances; and [Act 10 of 2024 wef 01/05/2024] ( h ) leave. (3) Any regulations made under this section may prescribe that any act or omission in contravention of any regulation shall be an offence and may provide for the imposition of penalties for such offence which penalties shall not exceed a fine of $2,000 and imprisonment for a term not exceeding 12 months.


document_id: ea-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “ancillary service” means a service required or provided for the security or reliability of the electricity system; “apparatus” means any electrical apparatus, equipment or accessory and includes all apparatuses, machines, consuming devices and fittings in which one or more conductors are used or of which they form a part; “Appeal Panel” means a panel established by the Minister under section 65; “authorised officer” means any person authorised by the Authority under section 3(2); “Authority” means the Energy Market Authority of Singapore established under the Energy Market Authority of Singapore Act 2001; “cable detection work” means any work of detecting or locating any electricity cable; “cable detection worker” means any person whose trade or occupation requires or includes the personal performance by him or her of cable detection work; “cable detection work licence” means a licence granted under section 81; “code of practice” means a code issued or approved by the Authority under section 16; “conductor” means an electrical conductor arranged to be electrically connected to an electrical system; “consumer” means a person — ( a ) to whom electricity is supplied and sold for consumption on that person’s own premises; or ( b ) whose premises are for the time being connected to any system for the purpose of purchasing a supply of electricity for consumption on that person’s own premises; “contestable consumer” means a consumer who, in accordance with this Act, purchases electricity — ( a ) from a retail electricity licensee; ( b ) directly from any wholesale electricity market; or ( c ) indirectly from any wholesale electricity market through a market support services licensee; [Act 37 of 2021 wef 29/01/2022] “document” includes electronic records; “Earth” means the conductive mass of the Earth whose electric potential at any point is conventionally taken as zero; “earthworks” means — ( a ) any act of excavating earth, rock or other material (by whatever means); ( b ) any act done on, in or under the ground in connection with — (i) any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, road, railway, bridge, viaduct, flyover, sewer or sewerage works; (ii) any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fitting or other apparatus; (iii) any soil investigation work; or (iv) such other works as are usually undertaken by a person carrying on business as a contractor in the construction industry or as a professional civil or structural engineer; ( c ) any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any premises or street by any mechanical means; or ( d ) the driving or sinking of any bar, rod, pole, picket, casing or tube into the ground; “electric line” means any line which is used for carrying electricity for any purpose and includes — ( a ) any support for the line, that is to say, any structure, pole or other thing in, on, by or from which the line is or may be supported, carried or suspended; ( b ) any apparatus connected to the line for the purposes of carrying electricity; ( c ) any wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, the line; and ( d ) any electricity cable; “electrical installation” means any appliance, wire, fitting or other apparatus placed in, on, over or under any premises and used for or for purposes incidental to the conveyance, control or use of electricity supplied or intended to be supplied by an electricity licensee or any other person, and includes a supply installation and any addition, alteration, and repair to an electrical installation, but does not include — ( a ) any electric line, supply line or electrical plant — (i) of a transmission licensee for the transmission of electricity; or (ii) of a generation licensee for the generation of electricity; ( b ) any appliance, wire, fitting or apparatus connected to and beyond any electrical outlet which is installed for the purpose of connecting electrical appliances, fittings or apparatuses and at which fixed wiring terminates; [Act 43 of 2022 wef 08/12/2023] ( c ) any appliance, wire, fitting or apparatus which is placed in, on, over or under any premises owned or occupied by a transmission licensee which is not used for the consumption of electricity on the premises or solely for the purposes incidental to the conveyance or control of electricity so consumed; or [Act 43 of 2022 wef 08/12/2023] ( d ) an electric vehicle charger within the meaning of the Electric Vehicles Charging Act 2022; [Act 43 of 2022 wef 08/12/2023] “electrical plant” means any plant, equipment, apparatus or appliance used for, or for purposes connected with, the supply of electricity; “electrical or supply installation licence” means a licence granted by the Authority under section 67; “electrical system” means an electrical system in which all the conductors and apparatuses are electrically or magnetically connected; “electrical work” means any work performed or carried out on any electrical installation and includes the installing, constructing, erecting or repairing thereof or the altering of the structure thereof or the replacing of any part thereof or the adding of any part thereto or the carrying out of any work thereon for the maintenance thereof, but does not include work in relation to — ( a ) the manufacturing of any electrical installation or the assembling thereof in the course of or in connection with its manufacture for the purpose of producing a new article; or ( b ) the oiling, greasing, cleaning or painting of any electrical installation; “electrical worker” means any person whose trade or occupation requires or includes the personal performance by him or her of electrical work or a person who is otherwise competent or qualified to perform personally electrical work; “electrical worker licence” means a licence granted by the Authority under section 82; “electricity” means electrical power when generated, transmitted, supplied or used for any purpose except the transmission of any communication or signal; “electricity cable” means a length of insulated single conductor or of 2 or more such conductors, whether or not the conductor or conductors are provided with an overall covering for mechanical protection, and — ( a ) all other apparatus or devices connected to the conductor or conductors, as the case may be (including by any remote or wireless means); and ( b ) any data communication cable used to monitor or control the transmission of electricity; “electricity licence” means a licence granted or extended by the Authority under section 9; “electricity licensee” means any person who is granted an electricity licence by the Authority; “electricity system” means a system comprising a transmission system of a transmission licensee and generating stations connected directly or indirectly to the transmission system; “electronic records” has the meaning given by the Electronic Transactions Act 2010; “export”, in relation to electricity, means the supply of electricity generated in Singapore to any person or premises outside Singapore; “generate” means to produce electricity by means of a generating station for the purpose of giving a supply to any premises or enabling a supply to be so given; “generating station” means any installation used for, or for purposes connected with, the production of electricity; “generating unit” means any apparatus used for, or for purposes connected with, the production of electricity; “generation licensee” means a person who is authorised by an electricity licence to generate electricity; “greenhouse gas” has the meaning given by section 2(1) of the Carbon Pricing Act 2018; [Act 37 of 2021 wef 29/01/2022] “high voltage” means a voltage exceeding 1000V a.c. or 1500V d.c. between conductors, or 600V a.c. or 900V d.c. between each conductor and Earth; “import”, in relation to electricity, means the supply of electricity generated outside Singapore to any person or premises in Singapore; “information” includes information contained in electronic records; “installation” means, except for the purposes of Part 9, any plant, apparatus, structure, equipment or thing used for the generation, transmission, supply or use of electricity; “licensed” — ( a ) in relation to a cable detection worker, means a person who holds a valid cable detection work licence permitting him or her to perform personally such cable detection work as is specified in his or her licence; or ( b ) in relation to an electrical worker, means a person who holds a valid electrical worker licence permitting him or her to perform personally such electrical work as is specified in his or her licence; “low voltage” means a voltage not exceeding 1000V a.c. or 1500V d.c. between conductors, or 600V a.c. or 900V d.c. between each conductor and Earth; “main” means a supply line through which electricity is or can be supplied, whether the line is in use or not; “market participant” means a person — ( a ) authorised by an electricity licence; and ( b ) registered in accordance with the market rules, to trade in any wholesale electricity market, and includes — ( c ) a transmission licensee; ( d ) the Authority (if the Authority engages in the generation, import or export of electricity); ( e ) any entity wholly-owned by the Authority that engages in the generation of electricity but is exempt under section 8 from the requirement of a generation licence; and ( f ) any department of the Government which generates electricity before 1 April 2001; [Act 37 of 2021 wef 29/01/2022] “market rules” means the rules made or modified under section 46; “market support services” means any of the following activities in connection with the supply of electricity: ( a ) the reading of the register of any electricity meter and the management of data relating to meter reading; ( b ) the facilitation of access to any wholesale electricity market for the purposes of obtaining supply of electricity for contestable consumers and retail electricity licensees; ( c ) the provision of customer transfer services for retail electricity licensees and consumers to facilitate the transfer of contestable consumers between one retail electricity licensee and another or between retail electricity licensees and market support services licensees; ( d ) the provision of other services related to access to any wholesale electricity market and the retail electricity market; [Act 37 of 2021 wef 29/01/2022] ( e ) the supply and sale of electricity to non‑contestable consumers; ( f ) the inspection of electrical installations to assess their safety; [Act 37 of 2021 wef 29/01/2022] “market support services licensee” means a person who is authorised by an electricity licence to provide market support services; “meter” means any device for measuring the flow of electricity; “meter installation” means any meter and, if so equipped, its associated equipment, apparatus, device and installation, including any self-contained meter transformers, wiring, seal, meter test terminal block, test links, fuses, lamps, data recorders, circuit breakers, and communication modems required to provide remote access to the metered data so that readings from the meter can be taken; “modification” includes any amendment, addition, alteration and variation; “non-contestable consumer” means a consumer who is not a contestable consumer; “occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as an agent of another person, but does not include a lodger; “premises” inc


document_id: ea-2001
provision_ref: s3
chapter: PART 2 - ADMINISTRATION
section: 3
title: Authority to administer Act
content:
3. —(1) The Authority is charged with the general administration of this Act and the exercise of the functions and duties imposed on the Authority by this Act. (2) The Authority may authorise any person to assist it in the exercise of its functions and duties under this Act, either generally or in a particular case. (3) Subject to the provisions of this Act, it is the function and duty of the Authority — ( a ) to protect the interests of consumers with regard to — (i) the prices charged and other terms for the supply of electricity; (ii) the reliability, availability and continuity of supply of electricity; and (iii) the quality of electricity services provided; ( b ) to promote — (i) the efficient use of electricity by consumers; and (ii) economic efficiency and the maintenance of such efficiency in the electricity industry; ( c ) to perform the functions of economic and technical regulator for the electricity industry, including the exercise of licensing and regulatory functions in respect of the generation, transmission, import, export, trading and retail of electricity, the provision of market support services, the operation of any wholesale electricity market and the establishment of standards of performance and codes of practice relating to any matter in connection therewith; ( ca ) to implement (whether through regulation or otherwise) policies, strategies, measures, standards or any other requirements on any matter for or connected with the reduction in emission of any greenhouse gas in the generation, transmission, import, export or supply of electricity; [Act 37 of 2021 wef 29/01/2022] ( d ) to secure that electricity licensees whose prices are controlled by the Authority are able to provide an efficient service and maintain financial viability; ( e ) to ensure security of supply of electricity to consumers and to arrange for the secure operation of a transmission system of a transmission licensee in accordance with the market rules or other codes of practice; ( ea ) in connection with any purpose under paragraph ( a ), to construct, acquire (whether by purchase, lease or otherwise), develop, manage (including by leasing out for use) or operate — (i) any generating unit (including any energy storage system); (ii) any generating station or any part of a generating station; or (iii) any of the following (whether in or outside Singapore) for or in connection with the import of electricity to, or the export of electricity from, Singapore: (A) any electrical installation or any part of an electrical installation; (B) any electric line or any part of an electric line; (C) any generating unit (including any energy storage system); (D) any generating station or any part of a generating station; [Act 37 of 2021 wef 29/01/2022] ( f ) to protect the public from dangers arising from the generation, transmission, supply or use of electricity; ( fa ) to cooperate and collaborate with the Land Transport Authority of Singapore in the discharge of its functions under the Land Transport Authority of Singapore Act 1995 or other written law insofar as those functions relate to — (i) promoting and regulating the safe use of electric vehicle chargers in Singapore; (ii) setting of standards for devices and equipment that are electrical installations and used in the charging of an electric vehicle; and (iii) undertaking or facilitating the development and maintenance in Singapore of accessible charging points in public and common areas and other ancillary facilities that allow for the safe transfer of electricity to an electric vehicle; ( g ) to create an economic regulatory framework in respect of the generation, transmission, import, export, trading and retail of electricity, the provision of market support services and the operation of any wholesale electricity market which — (i) promotes and safeguards competition and fair and efficient market conduct or, in the absence of a competitive market, prevents the misuse of monopoly or market power; and (ii) provides non-discriminatory access to any wholesale electricity market and to transmission services and market support services; ( h ) to advise the Government on all matters relating to the generation, transmission, trading, retail and use of electricity, the provision of market support services and the operation of any wholesale electricity market; and ( i ) to do such other things as are required under this Act and take such steps as are necessary or expedient for the effective discharge of its functions and duties under this Act. [42/2018; 13/2021] (4) In performing its functions and exercising its powers, the Authority must — ( a ) use its reasonable endeavours to apply principles and methodologies to licensees who conduct similar activities within a particular sector of the electricity industry in a non‑discriminatory manner; and ( b ) act in a reasonable manner in all circumstances. (5) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court. (6) For the purposes of this section, “consumers” includes both existing and future consumers of electricity.


document_id: ea-2001
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Power to obtain information
content:
4. —(1) The Authority or any authorised officer may by notice require any person to furnish, within a reasonable period specified in the notice, all documents and information relating to any matter as reasonably required by the Authority to carry out the functions or duties assigned to the Authority by or under this Act, which are within the knowledge of that person or in that person’s custody or under that person’s control. (2) The power to require a person to furnish any document or information under subsection (1) includes the power — ( a ) to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information; ( b ) if the document or information is not furnished, to require that person to state, to the best of that person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority in legible form. [18/2006] (3) Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence. (4) Any person who — ( a ) intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1) to furnish; or ( b ) in furnishing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement, shall be guilty of an offence. (5) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make such order as the court thinks fit to secure compliance with such notice and any such order may provide that all the costs or expenses of and incidental to the application are to be borne by such person or by any officer of a company or other association who is responsible for the failure. (6) The Authority through an authorised officer may, at any time after the expiry of the period specified in the notice referred to in subsection (1), enter any building or place where the Authority has reason to believe that any document or information, in respect of which it has given the notice, may be found, and seize or take extracts or copies of any such document or information. (7) The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, furnished to it under subsection (1) or obtained under subsection (6). [18/2006] (8) Except in the performance of the person’s functions or duties or when required to do so by any court or under any written law, no person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority may disclose any information relating to the affairs of the Authority or of any other person which has been obtained by the person in the performance of the person’s functions or duties. (9) Any person who contravenes subsection (8) 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 12 months or to both.


document_id: ea-2001
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Restriction on disclosure of confidential information
content:
5. —(1) This section applies if — ( a ) any information or document is given by a person to the Authority under this Act (other than Part 7); and ( b ) at the time such information or document is given, the person notifies the Authority in writing that it is of a confidential or commercially sensitive nature. (2) The Authority must not disclose to any person the information or the contents of a document to which this section applies unless — ( a ) the Authority is of the opinion that — (i) the disclosure of the information or the contents of the document would not cause detriment to the person supplying it or to any other person who is aware of the information or document; or (ii) although the disclosure of the information or the contents of the document would cause detriment to the person supplying it or to any other person who is aware of the information or document, the public benefit in disclosing it outweighs that detriment; ( b ) the Authority gives written notice to — (i) the person who supplied the information or document; and (ii) any other person whom the Authority is aware has supplied the information or document to the person referred to in sub-paragraph (i), where the identity of such other person is known to the Authority, stating that the Authority wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure, setting out detailed reasons why the Authority wishes to make the disclosure and setting out a copy of this section; and ( c ) no appeal is made to the Minister under subsection (3) within 7 days of the date of the giving of the notice. (3) A person aggrieved by a notice under subsection (2)( b ) may appeal to the Minister under section 98(1) within 7 days of the date of giving of the notice. [18/2006] (4) Subsection (2) does not prevent the Authority from disclosing any information or the contents of any document — ( a ) to any member, officer or employee of the Authority or any agent, consultant, committee or panel acting for or under the direction of the Authority; ( b ) to the Minister or any agent, consultant, committee or panel acting for or under the Minister’s direction; ( c ) to an Appeal Panel; ( d ) when required to do so by any court or under any written law; or ( e ) for the purposes of any criminal proceedings. [18/2006] (5) For the purposes of this section, the disclosure of any information or the contents of a document already in the public domain at the time the Authority wishes to disclose it cannot cause detriment to any person referred to in subsection (2)( a ).


document_id: ea-2001
provision_ref: s6
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 6
title: Prohibition on unauthorised activities relating to electricity
content:
6. —(1) No person may — ( a ) engage in the generation of electricity; ( b ) engage in the transmission of electricity; ( c ) transmit electricity for or on behalf of a transmission licensee (other than as an employee of the transmission licensee); ( d ) engage in the retail of electricity; ( e ) import or export electricity; ( f ) provide any market support services; ( g ) trade in any wholesale electricity market; ( h ) operate any wholesale electricity market; or ( i ) carry on any other activity relating to electricity that the Minister may, by order in the Gazette , specify, unless the person is authorised to do so by an electricity licence granted under section 9 or is exempted under section 8. [18/2006; 42/2018] (1A) The requirement of an electricity licence in subsection (1) for a person that engages in the generation or transmission of electricity, imports or exports electricity, or trades in any wholesale electricity market, does not apply to the Authority. [Act 37 of 2021 wef 29/01/2022] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction. [18/2006]


document_id: ea-2001
provision_ref: s7
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 7
title: Application for licence, extension or exemption
content:
7. —(1) An application for an electricity licence, an extension to an electricity licence or an exemption under this Part must be — ( a ) made in writing to the Authority and must be in such form as may be determined by the Authority; and ( b ) accompanied by such information and documents and fee as may be determined by the Authority. (2) In determining whether to grant or extend an electricity licence to or for a particular person, the Authority must consider the following: ( a ) the ability of that person to finance the carrying on of the particular activity; ( b ) the experience of that person in carrying on the activity, and that person’s ability to perform the duties which would be imposed on that person under this Act and the electricity licence, if granted; ( c ) whether that person is related to any gas transporter under the Gas Act 2001; ( d ) whether or not that person is related to any electricity licensee or any person granted an exemption under section 8; and ( e ) the functions and duties of the Authority under section 3.


document_id: ea-2001
provision_ref: s8
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 8
title: Exemption
content:
8. —(1) Subject to subsections (6) and (7), the Authority may, with the approval of the Minister, by order in the Gazette , exempt any person or class of persons from complying with section 6(1) for any specified period — ( a ) generally or to such an extent as may be specified in the order; and ( b ) unconditionally or subject to such conditions as may be specified in the order. (2) An exemption order, unless previously revoked, continues in force for such period as may be specified in the order. (3) In granting an exemption under this section, the Authority must act in a manner so as not to discriminate between members of a particular class. (4) Without limiting subsection (1)( b ), the conditions imposed under that subsection may require any person carrying on any activity in pursuance of the exemption — ( a ) to comply with any direction given by the Authority as to such matters as are specified in the exemption order or are of a description so specified; ( b ) to do or not to do such things as are specified in the exemption order or are of a description so specified, except insofar as the Authority consents to the person’s doing or not doing them; and ( c ) to refer for determination by the Authority such questions arising from or under the exemption order as are specified in the order or are of a description so specified. (5) If any condition of an exemption granted to a class of persons is not complied with by any person of that class, the Authority may give to that person a direction declaring that the exemption, so far as the exemption relates to that person, is revoked to such extent and with effect from such date as may be specified in the direction. (6) A transmission licensee, a transmission agent licensee and a market support services licensee must not be granted an exemption under this section. [18/2006] (7) An electricity licensee who is authorised by a licence to operate any wholesale electricity market must not be granted an exemption under this section.


document_id: ea-2001
provision_ref: s9
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 9
title: Electricity licences
content:
9. —(1) The Authority may grant or extend an electricity licence, unconditionally or subject to such conditions as the Authority may impose and specify in the licence, and revocably or irrevocably as specified therein, authorising any person to — ( a ) generate electricity; ( b ) transmit electricity; ( c ) transmit electricity for or on behalf of a transmission licensee; ( d ) retail electricity; ( e ) import or export electricity; ( f ) provide any market support services; ( g ) trade in any wholesale electricity market; ( h ) operate any wholesale electricity market; or ( i ) for the purpose mentioned in paragraph ( i ) of section 6(1), carry on such activity relating to electricity as may be specified in any order made under that paragraph. [18/2006; 42/2018] [Act 37 of 2021 wef 29/01/2022] (2) No transmission licensee, transmission agent licensee or market support services licensee may be granted an electricity licence to carry out any activity other than the transmission of electricity, the transmitting of electricity for or on behalf of a transmission licensee or the provision of market support services, respectively. [18/2006] (3) A gas transporter under the Gas Act 2001 must not be granted an electricity licence under subsection (1)( a ), ( d ), ( e ) or ( g ). (4) No electricity licensee who is authorised by a licence to operate any wholesale electricity market may be granted an electricity licence to carry out any activity other than the operation of that market. (5) Every electricity licence granted or extended under this section must be in writing and continues in force, unless revoked or suspended in accordance with this Part, for such period as may be specified in the electricity licence. (6) An electricity licence may include any restriction or condition (whether or not relating to the activities authorised by the electricity licence) which appears to the Authority to be requisite or expedient having regard to the functions and duties of the Authority under section 3. (7) Without limiting subsections (1) and (6), an electricity licence may include any condition — ( a ) requiring the electricity licensee — (i) to pay to the Authority a fee on the grant of the electricity licence or to pay to it periodic fees during the currency of the licence or both, of such amount as may be determined by or under the licence; (ii) to enter into any agreement or arrangement on specified terms or on terms of a specified type relating to its trading or operation or for the connection to or use of any electric line or plant owned or operated by the electricity licensee or the other party to the agreement or arrangement; (iii) to observe, with such modification or exemption as may be approved by the Authority, specified codes of practice and the market rules; (iv) to maintain specified financial accounting records and prepare financial accounts according to specified principles; (v) to appoint, at such intervals and on such terms as the Authority may direct, an independent technical auditor for the purposes specified in the condition; (vi) to prepare for approval by the Authority guidelines regarding the procedures the licensee must follow in the event of any public emergency; (vii) to do or not to do such things as are specified in the electricity licence or are of a description so specified; and (viii) where the electricity licensee is a transmission licensee, to carry out any work related to the development of a transmission system or the supply of electricity to any premises; ( b ) controlling or fixing prices to be charged for the services provided by a transmission licensee, a market support services licensee or an electricity licensee authorised to operate any wholesale electricity market including — (i) the fixing of prices or the rate of increase or decrease in prices; (ii) the fixing of a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price; (iii) the fixing of an average price or an average rate of increase or decrease in the average price; (iv) the setting of pricing policies or principles; (v) the setting of prices with reference to a general price index, the cost of production, a rate of return on assets employed or any specified factor; and (vi) the setting of prices with reference to the quantity, location, period or other specified factors relevant to the activities authorised by the licence; ( c ) in the case of a transmission licensee, a market support services licensee or an electricity licensee authorised to operate any wholesale electricity market — (i) imposing controls and restrictions, directly or indirectly, on the creation, holding or disposal of shares in the licensee or its shareholders or of interests in the undertaking of the licensee or any part thereof; and (ii) imposing restrictions on the carrying on by the licensee of any trade or business which is not related to the activity which the licensee is authorised by its electricity licence to carry on; and ( d ) which provides for any one or more of the conditions specified in the electricity licence to cease to have effect at such times and in such manner and circumstances as may be specified in or determined by or under the condition. [18/2006] (8) The Authority must in writing notify an applicant for the grant or extension of an electricity licence of its decision to grant or refuse to grant or extend the licence and, in the case of a decision to refuse to grant or extend the licence, the reasons for its decision.


document_id: ea-2001
provision_ref: s10
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 10
title: Special condition in market support services licence
content:
10. Without limiting section 9(1) and (6), the conditions specified in an electricity licence, to which a market support services licensee may be subject, may include a requirement that the licensee must provide market support services to a contestable consumer on terms and conditions approved by the Authority for the purpose of allowing the consumer (if the consumer remains a contestable consumer under section 41(1)) to purchase electricity indirectly from any wholesale electricity market through the licensee in circumstances in which — ( a ) the contestable consumer does not, cannot or no longer wishes to purchase electricity from a retail electricity licensee or directly from any wholesale electricity market; or ( b ) a retail electricity licensee is unable or refuses to retail electricity to the contestable consumer for any reason. [42/2018]


document_id: ea-2001
provision_ref: s11
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 11
title: Restriction on transfer of electricity licence
content:
11. —(1) No electricity licence is transferable to any other person without the approval in writing of the Authority. (2) Any purported transfer of an electricity licence is void.


document_id: ea-2001
provision_ref: s12
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 12
title: Modification of conditions of electricity licence
content:
12. —(1) Subject to this section, the Authority may modify the conditions of an electricity licence. (2) The Authority must not modify any condition of an electricity licence unless the Authority is satisfied that the modification is requisite or expedient having regard to the functions and duties of the Authority under section 3. (3) Before making any modification to the conditions of an electricity licence under this section, the Authority must give notice to the electricity licensee concerned and other electricity licensees likely to be affected by the proposed modification — ( a ) stating that the Authority proposes to make a modification in the manner specified in the notice; ( b ) stating the reasons why the Authority proposes to make the modification, including whether the need for the modification was the subject of a prior representation made by a third party or the electricity licensee concerned; and ( c ) specifying the period from the date of the giving of the notice (not being less than 28 days) within which written representations with respect to the proposed modification may be made. (4) Where the Authority receives any written representation under subsection (3), the Authority must consider such representation and may — ( a ) reject the representation; or ( b ) withdraw or amend the proposed modification in accordance with the representation or otherwise, and, in either event, it must thereupon issue a written direction to the electricity licensee concerned requiring that effect be given to the proposed modification specified in the notice (if any) or to such modification as may be subsequently amended by the Authority, within a reasonable time. (5) Any electricity licensee who is aggrieved by a decision of the Authority under subsection (4) may, within 14 days of the receipt by it of the direction of the Authority, appeal to the Appeal Panel under Part 8. (6) The Authority must not enforce a direction given under subsection (4) — ( a ) during the period referred to in subsection (3)( c ) unless the electricity licensee concerned consents to the modification referred to under subsection (3)( a ) taking effect before the end of such period; and ( b ) whilst the appeal of any electricity licensee is under consideration by the Appeal Panel. (7) If no written representation is received by the Authority within the period specified in subsection (3)( c ) or if any written representation made under that subsection is subsequently withdrawn, the Authority may forthwith carry out the modification as specified in the notice given under that subsection.


document_id: ea-2001
provision_ref: s13
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 13
title: Revocation or suspension of electricity licence
content:
13. —(1) Subsection (2) applies if the Authority is satisfied that — ( a ) an electricity licensee has gone into compulsory liquidation or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( b ) any circumstance specified in an electricity licence that gives rise to the Authority’s power to revoke or suspend the licence exists; ( c ) an electricity licensee has not complied with any direction or requirement issued by the Authority under section 14; ( d ) an electricity licensee is no longer in a position to operate in conformity with this Act or the terms and conditions of its electricity licence; or ( e ) the public interest or security of Singapore requires. (2) The Authority may, by written notice and without any compensation — ( a ) revoke an electricity licence or suspend an electricity licence for such period as the Authority thinks fit; and ( b ) in the case of subsection (1)( b ) or ( c ), require the payment of a financial penalty, in addition to the imposition of any sanction under section 14, of an amount not exceeding 10% of the annual turnover of that part of an electricity licensee’s business in respect of which the licensee holds a licence, ascertained from the licensee’s latest audited accounts, or an amount not exceeding $1 million, whichever is higher.


document_id: ea-2001
provision_ref: s14
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 14
title: Enforcement
content:
14. If the Authority is satisfied that an electricity licensee is contravening, or is likely to contravene or has contravened any condition of its electricity licence, any code of practice or other standard of performance applicable to the licensee, any provision of this Act or any direction (including a direction under paragraph ( a )) issued by the Authority to or applicable to the electricity licensee, the Authority may by written notice to the electricity licensee do one or more of the following: ( a ) direct the electricity licensee to do or not do such things as are specified in such direction; ( b ) require the electricity licensee to provide a performance bond, guarantee or any other form of security on such terms and conditions as the Authority may determine; ( c ) require the electricity licensee to pay a financial penalty of an amount not exceeding 10% of the annual turnover of that part of the licensee’s business in respect of which the licensee holds a licence, ascertained from the licensee’s latest audited accounts, or an amount not exceeding $1 million, whichever is higher. [18/2006] 15. [ Repealed by Act 18 of 2006 ]


document_id: ea-2001
provision_ref: s16
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 16
title: Codes of practice
content:
16. —(1) The Authority may issue or approve one or more codes of practice and other standards of performance for the regulation of activities and conduct in the electricity industry. (2) A code of practice issued or approved under this section may be modified by the Authority in accordance with the relevant code of practice by notice published in such manner as will secure adequate publicity. (2A) A code of practice issued or approved under this section may require the reduction of any emission of any greenhouse gas in the generation, transmission, import, export or supply of electricity, whether through importing from any source, or the use of any resource, methodology or technology, or the imposition of any emission standard, or otherwise. [Act 37 of 2021 wef 29/01/2022] (3) If any provision in any code of practice issued or approved by the Authority is inconsistent with the regulations, such provision, to the extent of the inconsistency — ( a ) has effect subject to such regulations; or ( b ) having regard to such regulations, does not have effect. (4) Any code of practice issued or approved by the Authority under this section is deemed not to be subsidiary legislation. (5) In this section, a reference to a code of practice includes a standard of performance. [18/2006]


document_id: ea-2001
provision_ref: s17
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 17
title: Direction by Authority
content:
17. —(1) The Authority may give directions for or with respect to codes of practice and other standards of performance and procedures to be observed by electricity licensees and other persons — ( a ) to ensure the reliability of the supply of electricity to the public; ( b ) to ensure the security of the electricity system; ( c ) to maintain the voltage or reactive flow of power through a transmission system of a transmission licensee; ( d ) in the interests of public safety; or ( e ) as may be necessary to allow the Authority to carry out its functions and duties under section 3. [42/2018] (2) In giving any direction under subsection (1), the Authority must have regard to the market rules, the effect and purpose of the market rules and the implication of the direction on the market rules. (3) Any person who fails to comply with any direction given under subsection (1) shall be guilty of an offence.


document_id: ea-2001
provision_ref: s18
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 18
title: Compliance with codes of practice
content:
18. —(1) Every electricity licensee must comply with the codes of practice and other standards of performance issued or approved under section 16 and directions given under section 17. (2) No electricity licensee may allow electricity to be generated, transmitted, supplied or retailed or market support services to be provided otherwise than in accordance with any applicable code of practice or other standards of performance specified in the conditions of its electricity licence, the regulations or any direction given by the Authority.


document_id: ea-2001
provision_ref: s19
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 19
title: Exclusion of liability of Authority
content:
19. Despite the grant of any electricity licence, the Authority is not liable in any circumstance for any loss, damage or cost sustained by any person as a result of any default, negligence, breach or other wrongful act or omission of any electricity licensee or any agent or employee of the electricity licensee.


document_id: ea-2001
provision_ref: s20
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 20
title: Duties of electricity licensees
content:
20. —(1) It is the duty of a generation licensee to develop and maintain a reliable, efficient, coordinated and economical system of electricity generation in accordance with the market rules and such applicable codes of practice and other standards of performance as may be issued or approved by the Authority under section 16. (2) It is the duty of a transmission licensee — ( a ) to develop and maintain a reliable, efficient, coordinated and economical transmission system in accordance with such applicable codes of practice and other standards of performance as may be issued or approved by the Authority under section 16; ( b ) to facilitate competition in the generation and sale of electricity by making its transmission system available to persons authorised to generate, trade or retail electricity or to provide market support services on terms which neither prevent nor restrict such competition; and ( c ) to provide non-discriminatory access to its transmission system for the supply and use of electricity in accordance with this Act, its transmission licence and the market rules. (3) It is the duty of a retail electricity licensee to develop and maintain a reliable, efficient, coordinated and economical electricity retail business in accordance with such applicable codes of practice and other standards of performance as may be issued or approved by the Authority under section 16. (4) It is the duty of a market support services licensee — ( a ) to develop and maintain a reliable, efficient, coordinated and economical system for the provision of market support services in accordance with such applicable codes of practice and other standards of performance as may be issued or approved by the Authority under section 16; ( b ) to facilitate competition in the retail of electricity by providing market support services to consumers and retail electricity licensees on terms which neither prevent nor restrict such competition; and ( c ) to provide non-discriminatory access to its market support services in order to facilitate retail competition in accordance with this Act, its market support services licence and the market rules. (5) It is the duty of an electricity licensee to ensure that it will not do or not omit to do any act which will adversely affect, directly or indirectly, the security and stability of the electricity supplied by it or by any other person to consumers.


document_id: ea-2001
provision_ref: s20A
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 20A
title: Connections to and use of key facilities, etc.
content:
20A. —(1) The Authority may direct any person mentioned in any of the following paragraphs to allow an electricity licensee ( E ) to carry out any activity described in the paragraph: ( a ) to connect any key conduit of E to any key facility or key conduit of a person and to use the key facility or key conduit of the person; ( b ) to install and use any key conduit of E at any premises owned or occupied by a person; ( c ) to install and use any usage equipment of E at a key facility or key conduit of a person, or a key conduit of E , mentioned in paragraph ( a ) or ( b ); ( d ) to use any prescribed wharf or jetty owned or occupied by a person, to berth any vessel on which E is to load or from which E is to discharge any material of E , and to load the material onto or discharge the material from the vessel; ( e ) to use any equipment, apparatus, appliance or facility, or any key conduit, of a person at any prescribed wharf or jetty, to enable E — (i) to load any material of E onto or discharge any material of E from any vessel berthed at the prescribed wharf or jetty; or (ii) to bring any material of E to or away from the prescribed wharf or jetty; ( f ) to install and use any equipment, apparatus, appliance or facility of E at a prescribed wharf or jetty owned or occupied by a person, to enable E to carry out any activity described in paragraph ( e )(i) or (ii). [Act 27 of 2024 wef 01/07/2025] (1A) To avoid doubt, the Authority may issue directions to more than one person at any one time, in relation to the same E . [Act 27 of 2024 wef 01/07/2025] (1B) To avoid doubt, the premises mentioned in subsection (1)( b ) need not be premises at which any key facility or key conduit of a person (to which E is to connect its key conduit) is situated, or at which E is to install any usage equipment. [Act 27 of 2024 wef 01/07/2025] (1C) The Authority may make a direction under subsection (1) only if it considers that the direction is necessary — ( a ) in the public interest; or ( b ) to ensure the security and reliability of the supply of electricity to the public. [Act 27 of 2024 wef 01/07/2025] (2) For the purpose of subsection (1), the direction may — ( a ) require the person to allow E to enter any premises owned or occupied by the person for the purposes of carrying out any activity mentioned in subsection (1) and specified in the direction, and in any event require the person not to do, or cause or allow to be done, anything that may prevent E from carrying out the activity; and ( b ) require the person and E to enter into an agreement within the period of 30 days after the connection or installation under subsection (1)( a ), ( b ), ( c ) or ( f ) has been made or the use in subsection (1)( d ) or ( e ) has commenced, for the purposes of — (i) granting E a wayleave — (A) for the continuation of the connection or installation at the premises; (B) for E to be able to carry out maintenance works on — (BA) the connection at the premises; or (BB) the key conduit, usage equipment, equipment, apparatus, appliance or facility of E installed at the premises; or (C) for E to continue the use specified in the direction, as the case may be; and (ii) reasonably compensating the person for any loss suffered as a result of the connection, installation or use, and the person and E must comply with a direction under subsection (1) to the extent that it relates to either of them. [Act 27 of 2024 wef 01/07/2025] (2A) The Authority may, upon the request of the person or E , grant one or more extensions of the period mentioned in subsection (2)( b ). [Act 27 of 2024 wef 01/07/2025] (3) If the person and E are unable to agree on the terms for any matter so as to be able to enter into an agreement in accordance with a requirement under subsection (2)( b ), either the person or E may request the Minister to establish an Appeal Panel under section 65 to determine the reasonable terms for that matter. [42/2018] [Act 27 of 2024 wef 01/07/2025] (4) The decision of the Appeal Panel under subsection (3) must include a date on which the person and E are treated as having entered into an agreement comprising — ( a ) (if any) the terms agreed between the person and E ; and [Act 27 of 2024 wef 01/07/2025] ( b ) the terms determined by the Appeal Panel, and the person and E are treated as having entered into an agreement with each other as from that date on all such terms. [42/2018] [Act 27 of 2024 wef 01/07/2025] (5) The direction of the Authority under subsection (1) is revoked as from the date mentioned in the Appeal Panel’s decision under subsection (4) to the extent the decision is inconsistent with that direction. [42/2018] (6) Nothing in subsection (4) prevents the person and E from varying or terminating the agreement treated as entered into under that subsection. [42/2018] [Act 27 of 2024 wef 01/07/2025] (7) A person need not comply with a direction given by the Authority under subsection (1) for so long as an appeal under section 98 against the direction is pending. [Act 27 of 2024 wef 01/07/2025] (8) Any person who contravenes a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. [Act 27 of 2024 wef 01/07/2025] (9) In this section — “key conduit” means any of the following: ( a ) any electric line; ( b ) any pipe or channel for transporting — (i) any fuel required in connection with the generation of electricity (including for the purpose of creating or maintaining any stocks of fuel, whether or not pursuant to section 27), but not any gas as defined in section 2 of the Gas Act 2001; (ii) any coolant (including seawater) required in connection with the cooling of any electrical plant used in generating or transmitting electricity; or (iii) any waste (including emissions) produced in connection with the generation of electricity, or the production of fuel for use in connection with the generation of electricity; ( c ) any other conduit prescribed by regulations made under section 103 as a key conduit for the purposes of this section; “key facility” means any of the following: ( a ) any electrical plant (including any energy storage system); ( b ) any facility for receiving, storing or pumping — (i) any fuel required in connection with the generation of electricity (including for the purpose of creating or maintaining any stocks of fuel, whether or not pursuant to section 27), but not any gas as defined in section 2 of the Gas Act 2001; (ii) any coolant (including seawater) required in connection with the cooling of any electrical plant used in generating or transmitting electricity; or (iii) any waste (including emissions) produced in connection with the generation of electricity, or the production of fuel for use in connection with the generation of electricity; ( c ) any other facility prescribed by regulations made under section 103 as a key facility for the purposes of this section; “prescribed wharf or jetty” means a wharf or jetty prescribed by regulations made under section 103 for the purposes of this section; “usage equipment” means any equipment, apparatus or appliance connected with the use or operation of a key facility or a key conduit. [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s20B
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 20B
title: Connections to and use of key facilities, etc.: supplementary provisions
content:
20B. —(1) An agreement under section 20A ceases to be binding on the person and E upon — ( a ) the determination of the agreement upon the expiration of a period specified in the agreement; ( b ) the termination of the agreement pursuant to a term contained in the agreement, or any written law or rule of law; or ( c ) despite anything in the agreement, the person ceasing, after the agreement is entered into, to own the key facility or key conduit to which E ’s key conduit is connected, or to own or occupy the premises at which E ’s key conduit, usage equipment, equipment, apparatus, appliance or facility is installed. (2) Upon the agreement ceasing to be binding on the person and E , a notice to remove any connection, or E ’s key conduit, usage equipment, equipment, apparatus, appliance or facility, covered by the agreement, may be given to E by — ( a ) where subsection (1)( a ) or ( b ) applies, the person; or ( b ) where subsection (1)( c ) applies, the person who is the owner of the key facility or key conduit to which E ’s key conduit is connected or the owner or occupier of the premises (as the case may be) following the change in the ownership or occupation. (3) The notice must give E at least the period prescribed by regulations made under section 103 to effect the removal. (4) E may, during the period given in the notice to remove, apply to the Authority — ( a ) where E is of the view that the period given to it (including where the period is the prescribed period mentioned in subsection (3)) is insufficient for it to effect the removal — for an extension of the period; or ( b ) for another direction under section 20A(1). (5) Where E has made an application under subsection (4), E need not comply with the notice to remove pending the Authority’s decision on the application. (6) Where the Authority refuses to grant the application under subsection (4), then, unless the person cancels the notice, E must comply with the notice to remove before the end of the latest of the following periods: ( a ) the period in the notice to remove; ( b ) for an application under subsection (4)( b ), the period prescribed by regulations made under section 103 after the date of the Authority’s refusal to grant the direction requested; ( c ) the period specified (if any) in the notice of the Authority’s refusal. (7) Despite subsection (6), E need not comply with the notice to remove if E appeals under section 98 against a decision of the Authority mentioned in that subsection, for so long as the appeal is pending. (8) Where the decision on appeal confirms the decision of the Authority, E must comply with the notice to remove before the end of the later of the following periods: ( a ) for an application under subsection (4)( b ), the period prescribed by regulations made under section 103 after the date of the decision on appeal; ( b ) the period specified (if any) in the decision on appeal. (9) Where, pursuant to section 20A, E has at any premises installed any key conduit, usage equipment, equipment, apparatus, appliance or facility, each of these — ( a ) continues to remain the property of E and is deemed not to be a fixture, and does not vest in the owner of the premises; and ( b ) is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is. (10) In this section, “key conduit”, “key facility” and “usage equipment” have the meanings given by section 20A(9). [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s21
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 21
title: Non-contestable consumers
content:
21. —(1) A market support services licensee must provide market support services to a non-contestable consumer in accordance with this Act and its licence, and on terms and conditions approved by the Authority. (2) A market support services licensee must not discontinue the provision of market support services to any non-contestable consumer except in accordance with its licence. (3) Nothing in this section is to be taken as requiring a market support services licensee to procure a supply of electricity to the premises of any non-contestable consumer if — ( a ) it is prevented from doing so by circumstances not within its control; ( b ) circumstances exist by reason of which its doing so would or might involve the market support services licensee or any other electricity licensee being in breach of this Act, and the market support services licensee or other electricity licensee has taken all reasonable steps to prevent the circumstances from occurring and to prevent them from having that effect; or ( c ) any building on the premises has been erected in contravention of any written law or is in a ruinous or dangerous condition.


document_id: ea-2001
provision_ref: s22
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 22
title: Tariffs set by market support services licensee for non‑contestable consumers
content:
22. —(1) Subject to this section, the prices to be charged by a market support services licensee and to be paid by non-contestable consumers for the supply of electricity must be in accordance with such tariffs as may be set from time to time by the market support services licensee in accordance with the conditions of its electricity licence and with the approval of the Authority. (2) A tariff set by a market support services licensee under subsection (1) must be published in such manner as will secure adequate publicity for it. (3) In setting tariffs under subsection (1), a market support services licensee must neither show undue preference as between consumers similarly situated nor exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply and the quantity of electricity supplied.


document_id: ea-2001
provision_ref: s23
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 23
title: Power to require security
content:
23. —(1) Subject to this section, where any person requires a supply of electricity, a market support services licensee or transmission licensee may require the person, or any retail electricity licensee acting on behalf of a consumer, to give it reasonable security for the payment to it of all money which may become due to it in respect of — ( a ) the supply of electricity; or ( b ) the provision of all or any main or electrical plant, as the case may be. (2) Where any person fails to give the security required under subsection (1), the market support services licensee or the transmission licensee may, if it thinks fit, refuse to provide the supply of electricity or to provide or procure the provision of all or any main or electrical plant (as the case may be) for so long as the failure continues. (3) Where any person has not given the security under subsection (1), or the security given by that person has become invalid or insufficient — ( a ) the market support services licensee or the transmission licensee may by notice require that person, within 7 days after the service of the notice, to give it reasonable security for the payment of all money which may become due to the market support services licensee or the transmission licensee in respect of the supply of electricity; and ( b ) if that person fails to give such security, the market support services licensee or the transmission licensee may if it thinks fit discontinue the supply of electricity for so long as the failure continues.


document_id: ea-2001
provision_ref: s24
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 24
title: Recovery of charges
content:
24. —(1) Subject to subsection (2), if a market support services licensee has good cause to direct a transmission licensee to disconnect a non-contestable consumer from a transmission system of the transmission licensee, including the failure of the consumer to pay an account, the market support services licensee may issue a direction to the transmission licensee to disconnect the consumer from the transmission system. [42/2018] (2) A market support services licensee must not direct a transmission licensee to disconnect the supply of electricity to any residential premises by reason of failure by the consumer to pay an account for that supply if the failure occurs through lack of sufficient income of the consumer and of any other person normally resident on the premises supplied until — ( a ) the market support services licensee has offered to advise the consumer about optional methods of arranging payment of the account; and ( b ) the consumer — (i) refuses or fails to accept that offer of advice within the period (being not less than 7 days) specified by the market support services licensee in each case; or (ii) accepts the offer of advice, but refuses or fails to take any reasonable action to pay the account within the period (being not less than 7 days) specified by the market support services licensee. (3) A transmission licensee who receives a direction from a market support services licensee under subsection (1) must comply with that direction as soon as possible. (4) Subject to this section, if a contestable consumer has not, on the due date, paid all charges due from the contestable consumer to a transmission licensee, the licensee may — ( a ) in accordance with its licence and the market rules, disconnect that consumer from the transmission system of the transmission licensee to which the charges relate; ( b ) discontinue the supply of electricity to the premises, or any other premises occupied by the consumer by any other means that the licensee thinks fit; and ( c ) recover any expenses incurred in so doing from the consumer. [42/2018] (5) Where a transmission licensee has disconnected the supply of electricity to any premises in consequence of any default on the part of a consumer, the licensee must, subject to the market rules, reconnect the supply of electricity to the consumer within a reasonable time if the consumer in default has — ( a ) made good the default; ( b ) paid the reasonable expenses of disconnecting and re‑connecting the supply; and ( c ) given such security as the transmission licensee may reasonably require. (6) Where a market support services licensee receives any payment from a consumer and the consumer has not, in making the payment, indicated to the market support services licensee the charges in respect of which the payment is to be made, the licensee may apportion the payment received to pay such charges in such proportion and manner as may be prescribed.


document_id: ea-2001
provision_ref: s25
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 25
title: Additional terms of supply of electricity
content:
25. —(1) Where any person requires a supply of electricity, a market support services licensee or a transmission licensee may require (or may cause a retail electricity licensee to require) that person to accept in respect of the supply — ( a ) any condition requiring the person to provide sufficient premises and to construct such rooms, buildings or structures as may be considered necessary by the licensee to accommodate and house the electrical plant required for the purposes of the supply; ( b ) any condition giving the licensee the right to use the premises, rooms, buildings or structures provided or constructed under paragraph ( a ) for the purposes of the supply; and ( c ) any restriction which must be imposed for the purpose of enabling the licensee to comply with this Act and its licence. (2) If a retail electricity licensee is required to secure the provision or acceptance of any one or more of the conditions or restrictions referred to in subsection (1), the retail electricity licensee must do all things necessary to secure the provision or acceptance of such conditions or restrictions as may be required in each particular case.


document_id: ea-2001
provision_ref: s26
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 26
title: Determination of disputes by Authority
content:
26. —(1) Any dispute between a consumer and a market support services licensee as to whether supply of electricity should be provided to that consumer — ( a ) may be referred to the Authority by either party; and ( b ) on such a reference, is to be determined by the Authority, whose decision is final and conclusive between the parties. (2) Notwithstanding that a dispute between a consumer and a market support services licensee has been referred to the Authority, the licensee must, subject to sections 21(3) and 41(13), supply electricity to the consumer until the dispute is determined by the Authority.


document_id: ea-2001
provision_ref: s27
chapter: PART 3 - LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
section: 27
title: Fuel stocks
content:
27. —(1) In respect of any generating station, the Authority may give a direction requiring the electricity licensee who operates it — ( a ) to make such arrangements with respect to stocks of fuel held at or near that generating station for the purposes of its operation as will — (i) enable those stocks to be brought within a specified time to, and thereafter maintained at, a specified level; and (ii) ensure that they do not fall below that level, except as may be permitted by the terms of the direction or by a direction under subsection (2); and ( b ) to create such stocks and make such arrangements with respect to them, and the amount of any stocks may be specified by reference to the period for which it would enable the generating station to be maintained in operation. (2) In respect of any generating station, the Authority may, in the event of an emergency, give a direction — ( a ) authorising or requiring the electricity licensee who operates it to make such use as may be specified of any stocks held at or near that generating station; and ( b ) requiring that electricity licensee to operate, or not to operate, that generating station for specified periods, at specified levels of capacity or use specified fuels. (3) In this section, “specified” means specified by or under the direction of the Authority and such direction may — ( a ) specify the cases and circumstances in which any stocks are to be treated as held at or near any generating station; ( b ) specify the extent to which the direction may be treated as complied with; ( c ) specify the manner in which any period mentioned in subsection (1) or (2) is to be determined; and ( d ) require anything falling to be specified under the direction to be specified by such person and by reference to such matters as may be specified. (4) A direction under subsection (1) or (2) which confers on any person the function of specifying anything falling to be specified under the direction may require that person to exercise that function in the manner specified by the direction.


document_id: ea-2001
provision_ref: s28
chapter: PART 4 - SPECIAL ADMINISTRATION ORDER
section: 28
title: Special administration order
content:
28. —(1) A special administration order is an order of the Minister made in accordance with section 29 in relation to an electricity licensee directing that, during the period for which the order is in force, all or any of the affairs, business and property of that electricity licensee is to be managed directly or indirectly by the Authority — ( a ) for securing one or more of the purposes of such an order set out in subsection (2); and ( b ) in a manner which protects the respective interests of the shareholders and creditors of that electricity licensee. [42/2018] (2) The purposes referred to in subsection (1)( a ) are — ( a ) the security and reliability of the supply of electricity to the public; ( b ) the survival of the electricity licensee, or the whole or part of its business for which it is authorised by its licence to carry on, as a going concern; ( c ) the transfer to another company, or (as respects different parts of the area to which the electricity licensee’s licence relates, or different parts of its business or undertaking) to 2 or more different companies, as a going concern, of such of the electricity licensee’s undertakings as it is necessary to transfer in order to ensure that the functions and duties which have been vested in the electricity licensee by virtue of its licence may be properly carried out; or ( d ) the carrying out of the functions and duties which have been vested in the electricity licensee pending the making of the transfer and the vesting of those functions and duties in other company or companies. (3) The Minister may make regulations — ( a ) for giving effect to this section and section 29, including regulations governing the transfer of the electricity licensee’s business or undertaking referred to in subsection (2)( c ); and ( b ) where a special administration order is made, for applying, omitting or modifying the provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018. [40/2018] [Act 37 of 2021 wef 29/01/2022]


document_id: ea-2001
provision_ref: s29
chapter: PART 4 - SPECIAL ADMINISTRATION ORDER
section: 29
title: Power to make special administration order, etc.
content:
29. —(1) If, on an application made to the Minister by the Authority, the Minister is satisfied in relation to any electricity licensee that any one or more of the grounds specified in subsection (2) are satisfied in relation to that electricity licensee, the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to that electricity licensee; ( b ) an order requiring the electricity licensee immediately to take any action or to do or not to do any act or thing in relation to that part of its business or undertaking to which its electricity licence relates as the Minister may consider necessary; ( c ) an order appointing a person to advise the electricity licensee in the proper conduct of that part of its business or undertaking to which its electricity licence relates. (2) The grounds referred to in subsection (1) are — ( a ) the electricity licensee is or is likely to be unable to pay its debts; ( b ) the occurrence of a public emergency; ( c ) the Minister considers it in the interest of the security and reliability of supply of electricity to the public; or ( d ) the Minister considers it in the public interest. (3) Notice of any application under subsection (1) must be given immediately by the Authority to such persons and in such manner as may be determined by the Authority. (4) Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity. (5) Any decision of the Minister under subsection (1) is final. (6) For the purposes of this section, an electricity licensee is unable to pay its debts if — ( a ) where the electricity licensee is a company incorporated under the Companies Act 1967 — it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; or ( b ) where the electricity licensee is a variable capital company incorporated under the VCC Act — it is deemed to be unable to pay its debts under — (i) the repealed section 254(2) of the Companies Act 1967 as applied by section 130 of the VCC Act as in force before the operative date; or (ii) section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018, as applied by section 130 of the VCC Act as in force on the operative date. [S 26/2022 wef 13/01/2022] (7) Despite any written law — ( a ) an electricity licensee must not be wound up voluntarily without the consent of the Authority; ( b ) no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an electricity licensee without the consent of the Authority; ( c ) no step may be taken by any person to enforce any security over an electricity licensee’s property, except where that person has served on the Authority 14 days’ notice of that person’s intention to take that step; ( d ) no step may be taken by any person to enforce a judgment or order of court obtained against an electricity licensee, except where that person has served on the Authority 14 days’ notice of that person’s intention to take that step; and [Act 25 of 2021 wef 01/04/2022] ( e ) no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to an electricity licensee, unless that person has served 14 days’ written notice of that person’s intention to make the application on the Authority. [40/2018; 42/2018] (8) The Authority must be a party to — ( a ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 or Part 11 of the VCC Act relating to the winding up of the affairs of an electricity licensee; or [S 26/2022 wef 13/01/2022] ( b ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an electricity licensee. [40/2018] (9) In this section, unless the context otherwise requires — “operative date” means the date of commencement of section 48 of the Variable Capital Companies (Miscellaneous Amendments) Act 2019; “VCC” has the meaning given by section 2(1) of the VCC Act; “VCC Act” means the Variable Capital Companies Act 2018. [S 26/2022 wef 13/01/2022]


document_id: ea-2001
provision_ref: s30
chapter: PART 4 - SPECIAL ADMINISTRATION ORDER
section: 30
title: Remuneration and expenses of Authority and others
content:
30. —(1) Where a special administration order has been made under section 29(1)( a ), the Authority may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the electricity licensee to the Authority. (2) The Authority may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by an electricity licensee to any person appointed by the Minister under section 29(1)( c ) to advise the electricity licensee in the proper conduct of the business or undertaking to which its electricity licence relates.


document_id: ea-2001
provision_ref: s30A
chapter: PART 4A - CONTROL OF ELECTRICITY LICENSEES AND ENTITIES
section: 30A
title: Interpretation of this Part
content:
30A. In this Part, unless the context otherwise requires –– “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “associate” has the meaning given to that expression in regulations made under section 30C; “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “designated business trust” means a business trust that is established wholly or partly in respect of a transmission system (or any part thereof) and which has been declared by the Minister to be a designated business trust for the purposes of section 30B; “designated electricity licensee” means any of the following: ( a ) a transmission licensee; ( b ) a transmission agent licensee; ( c ) any other electricity licensee declared by the Minister to be a designated electricity licensee for the purposes of this Part; “designated entity” means an entity, not being an electricity licensee — ( a ) that owns a transmission system (or any part of a transmission system); or ( b ) which the Authority is satisfied — (i) will engage in (but has not yet commenced engaging in); or (ii) is engaging in, an activity mentioned in section 6(1) that is critical to Singapore’s energy security and reliability, and is declared by the Minister to be a designated entity for the purposes of this Part; [Act 27 of 2024 wef 01/07/2025] “entity” includes a corporation and a limited liability partnership; “equity interest” has the meaning given to that expression in regulations made under section 30C; “limited liability partnership” means a limited liability partnership formed under section 4(1) of the Limited Liability Partnerships Act 2005; “trustee-manager” has the meaning given by section 2 of the Business Trusts Act 2004. [18/2006; 42/2018]


document_id: ea-2001
provision_ref: s30B
chapter: PART 4A - CONTROL OF ELECTRICITY LICENSEES AND ENTITIES
section: 30B
title: Control of acquisition of equity interest in designated electricity licensee, etc.
content:
30B. —(1) A designated electricity licensee, a designated entity or the trustee-manager of a designated business trust must give notice in writing to the Authority if any person acquires equity interest in the licensee, the entity or the business trust, respectively, whether through a series of transactions over a period of time or otherwise, that would result in that person holding 5% or more but less than 12% of the total equity interest in the licensee, the entity or the business trust, respectively. [18/2006] (2) The notice under subsection (1) must be given within 5 days after the designated electricity licensee, the designated entity or the trustee‑manager of the designated business trust (as the case may be) becomes aware of the acquisition mentioned in that subsection. [42/2018] (3) No person may, whether through a series of transactions over a period of time or otherwise, become a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller of a designated electricity licensee, a designated entity or a designated business trust without obtaining the prior written approval of the Authority. [18/2006] [Act 27 of 2024 wef 01/07/2025] (3A) No person may, whether through a series of transactions over a period of time or otherwise, cease to become a 50% controller or a 75% controller of a designated electricity licensee, a designated entity or a designated business trust without obtaining the prior written approval of the Authority. [Act 27 of 2024 wef 01/07/2025] (4) No person may acquire as a going concern — ( a ) the business, or any part of the business, of a designated electricity licensee conducted pursuant to its licence; ( b ) the business, or any part of the business, of a designated entity which — (i) for a designated entity within paragraph ( a ) of the definition of “designated entity” in section 30A — relates to its transmission system or any part thereof; and (ii) for a designated entity within paragraph ( b ) of the definition of “designated entity” in section 30A — relates to the activity or any part thereof by reason of which it is a designated entity; or [Act 27 of 2024 wef 01/07/2025] ( c ) the business, or any part of the business, of a designated business trust relating to a transmission system or any part of a transmission system in respect of which, wholly or in part, the business trust is established, unless the person, and the licensee, the entity or the trustee‑manager of the business trust (as the case may be) obtain the prior written approval of the Authority. [18/2006; 42/2018] (5) The Authority may approve an application of a person under subsection (3) if the Authority is satisfied that — ( a ) the person, and every associate of the person known to the Authority, is a fit and proper person; [Act 27 of 2024 wef 01/07/2025] ( b ) having regard to the likely influence of the person and every associate of the person known to the Authority, the designated electricity licensee, the designated entity or the trustee-manager of the designated business trust (as the case may be) will continue to conduct its business prudently and comply with the provisions of this Act; and [Act 27 of 2024 wef 01/07/2025] ( c ) it is in the public interest to do so. [18/2006] (5A) The Authority may approve an application of a person under subsection (3A) if the Authority is satisfied that — ( a ) the designated electricity licensee, the designated entity or the trustee-manager of the designated business trust (as the case may be) will continue to conduct its business prudently and comply with the provisions of this Act, despite the person ceasing to be a 50% controller or a 75% controller; and ( b ) it is in the public interest to do so. [Act 27 of 2024 wef 01/07/2025] (6) The Authority may approve an application under subsection (4) if the Authority is satisfied that — ( a ) the person acquiring the business is a fit and proper person; ( b ) the acquisition will not affect the security and reliability of the supply of electricity to the public; and ( c ) it is in the public interest to do so. [18/2006] (7) Any approval by the Authority under this section may be granted subject to such conditions as the Authority may determine, including but not limited to any condition — ( a ) restricting the disposal or further acquisition of equity interests or voting power in the designated electricity licensee, designated entity or designated business trust; or ( b ) restricting the exercise of voting power in the designated electricity licensee, designated entity or designated business trust. [42/2018] (8) The Authority may at any time add to, vary or revoke any condition imposed under this section. [42/2018] (9) Any condition imposed by the Authority under this section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the licensee, the entity or the business trust. [18/2006] (10) Any approval granted by the Authority under this section is without prejudice to the operation of Part 7. [18/2006] (11) In this section — “12% controller” means a person, not being a 25% controller, who, alone or together with the person’s associates — ( a ) holds 12% or more of the total equity interest in; or ( b ) is in a position to control 12% or more of the voting power in, the licensee, the entity or the business trust; [Act 27 of 2024 wef 01/07/2025] “25% controller” means a person, not being a 30% controller, who, alone or together with the person’s associates — ( a ) holds 25% or more of the total equity interest in; or ( b ) is in a position to control 25% or more of the voting power in, the licensee, the entity or the business trust; [Act 27 of 2024 wef 01/07/2025] “30% controller” means a person, not being a 50% controller, who, alone or together with the person’s associates — ( a ) holds 30% or more of the total equity interest in; or ( b ) is in a position to control 30% or more of the voting power in, the licensee, the entity or the business trust; [Act 27 of 2024 wef 01/07/2025] “50% controller” means a person, not being a 75% controller, who, alone or together with the person’s associates — ( a ) holds 50% or more of the total equity interest in; or ( b ) is in a position to control 50% or more of the voting power in, the licensee, the entity or the business trust; [Act 27 of 2024 wef 01/07/2025] “75% controller” means a person who, alone or together with the person’s associates — ( a ) holds 75% or more of the total equity interest in; or ( b ) is in a position to control 75% or more of the voting power in, the licensee, the entity or the business trust; [Act 27 of 2024 wef 01/07/2025] “indirect controller” means any person, whether acting alone or together with any other person, and with or without holding equity interest or controlling voting power in the licensee, the entity or the business trust, as the case may be — ( a ) in accordance with whose directions, instructions or wishes the directors of the licensee, the directors or other officers of the entity, or the trustee-manager of the business trust are accustomed or under an obligation, whether formal or informal, to act; or ( b ) who is in a position to determine the policy of the licensee, the entity or the business trust, but does not include — ( c ) in the case of the licensee, a person who is the chief executive officer, a director or the chairperson of the board of directors of the licensee whose appointment as such has been approved by the Authority under section 30G; or ( d ) a person in accordance with whose directions, instructions or wishes the directors of the licensee, the directors or other officers of the entity or the trustee‑manager of the business trust are accustomed to act by reason only that they act on advice given by the person in the person’s professional capacity. [18/2006; 42/2018]


document_id: ea-2001
provision_ref: s30C
chapter: PART 4A - CONTROL OF ELECTRICITY LICENSEES AND ENTITIES
section: 30C
title: Regulations for carrying out section 30B
content:
30C. —(1) The Authority may, with the approval of the Minister, make such regulations under section 103 as are necessary or expedient for carrying out the purposes of section 30B. [18/2006; 42/2018] (2) Without limiting subsection (1), the regulations may prescribe — ( a ) the meaning of equity interest and the circumstances under which a person would be considered to hold a percentage of the total equity interest in a designated electricity licensee, a designated entity or a designated business trust; ( b ) the circumstances under which a person would be considered to be in a position to control a percentage of the voting power in a designated electricity licensee, a designated entity or a designated business trust; ( c ) the circumstances under which a person would be considered to have acquired as a going concern a business referred to in section 30B(4); ( d ) the circumstances under which a person would be considered to be an associate for the purposes of sections 30B, 30D and 30F; and ( e ) the manner in which any notice or application under section 30B must be given or made, and the person or persons who are required to give the notice or make the application. [18/2006; 42/2018]


document_id: ea-2001
provision_ref: s30CA
chapter: PART 4A - CONTROL OF ELECTRICITY LICENSEES AND ENTITIES
section: 30CA
title: Power to exempt
content:
30CA. The Authority may, by order in the Gazette , exempt — ( a ) any person or class of persons; or ( b ) any class or description of equity interests, from section 30B(1), (3), (3A) or (4), subject to such conditions as may be specified in the order. [42/2018] [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s30D
chapter: PART 4A - CONTROL OF ELECTRICITY LICENSEES AND ENTITIES
section: 30D
title: Power to issue directions
content:
30D. —(1) The Authority may issue any direction to a person under subsection (2), (2A) or (3) if the Authority is satisfied that — ( a ) the person has contravened section 30B(3), (3A) or (4); [Act 27 of 2024 wef 01/07/2025] ( b ) in the case of a person who has obtained the Authority’s approval under section 30B(3) or who has been exempted from section 30B(3) under section 30CA — (i) the person or any associate of the person is not or ceases to be a fit and proper person; [Act 27 of 2024 wef 01/07/2025] (ii) having regard to the likely influence of the person or any associate of the person — (A) the designated electricity licensee or designated entity (as the case may be) is not, or is no longer, likely to conduct its business prudently or to comply with the provisions of this Act; or (B) the trustee-manager of the designated business trust is not, or is no longer, likely to conduct the business of the business trust prudently or to comply with the provisions of this Act; or [Act 27 of 2024 wef 01/07/2025] (iii) it is not, or is no longer, in the public interest to allow the person to continue to be a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller, as the case may be; [Act 27 of 2024 wef 01/07/2025] ( ba ) in the case of a person who has obtained the Authority’s approval under section 30B(3A) or who has been exempted from section 30B(3A) under section 30CA, and ceases to be a 50% controller or a 75% controller of the designated electricity licensee, designated entity or trustee-manager of the designated business trust, as the case may be — (i) the designated electricity licensee or designated entity (as the case may be) is not conducting, or is no longer likely to conduct, its business prudently or to comply with the provisions of this Act because of the cessation; or (ii) the trustee-manager of the designated business trust is not conducting, or is no longer likely to conduct, the business of the business trust prudently or to comply with the provisions of this Act because of the cessation; [Act 27 of 2024 wef 01/07/2025] ( c ) in the case of a person who has obtained the Authority’s approval under section 30B(4) or who has been exempted from section 30B(4) under section 30CA, and who has acquired as a going concern a business mentioned in section 30B(4) — (i) the person is not or ceases to be a fit and proper person; or (ii) it is not, or is no longer, in the public interest to allow the person to continue to own or manage that business; ( d ) the person has furnished false or misleading information or documents in connection with an application under section 30B; ( e ) the Authority would not have granted its approval under section 30B had it been aware, at that time, of circumstances relevant to the person’s application for such approval; or ( f ) any condition imposed on the person under section 30B or 30CA has not been complied with. [18/2006; 42/2018] [Act 27 of 2024 wef 01/07/2025] (2) Where the person is a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller of a designated electricity licensee, designated entity or designated business trust, the Authority may, by written notice — ( a ) direct the person to take such steps as are necessary, within such period as may be specified by the Authority, to ensure that the person ceases to be a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller of the licensee, entity or business trust; [Act 27 of 2024 wef 01/07/2025] ( b ) direct the person or any of the person’s associates to transfer or dispose of all or any of the equity interests in the licensee, entity or business trust held by the person or the person’s associate (called in this section and section 30E the specified equity interests) within such time and subject to such conditions as the Authority considers appropriate; ( c ) restrict the transfer or disposal of the specified equity interests; or ( d ) make any other direction that the Authority considers appropriate. [42/2018] [Act 27 of 2024 wef 01/07/2025] (2A) Where the person has ceased to be a 50% controller or a 75% controller of a designated electricity licensee, designated entity or designated business trust (as the case may be), the Authority may, by written notice — ( a ) direct the person to take any steps that are necessary, within the period specified by the Minister, to resume being a 50% controller or a 75% controller, as the case may be; ( b ) direct any transferee to whom the person had transferred its equity interests so as to cease to be a 50% controller or a 75% controller (called in this section and section 30E the relevant equity interests) to take any steps that are necessary, within the period specified by the Minister, to transfer all or any of those equity interests back to the person; ( c ) restrict the transfer or disposal of the relevant equity interests; or ( d ) make any other direction that the Minister considers appropriate. [Act 27 of 2024 wef 01/07/2025] (3) Where a person has acquired as a going concern a business referred to in section 30B(4), the Authority may — ( a ) direct the person to transfer or dispose of all or any part of the business within such time and subject to such conditions as the Authority considers appropriate; ( b ) restrict the transfer or disposal of the business or any part of the business; or ( c ) make any other direction that the Authority considers appropriate. [18/2006; 42/2018] (4) Before issuing any direction to a person under subsection (2), (2A) or (3), the Authority must, unless the Authority decides that it is not practicable or desirable to do so, give to the person written notice of the Authority’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction. [18/2006] [Act 27 of 2024 wef 01/07/2025] (5) Upon receipt of any written representation referred to in subsection (4), the Authority must consider it for the purpose of determining whether to issue the direction. [18/2006] (6) Any person to whom a direction is issued under this section must comply with the direction. [18/2006] (7) The Authority may vary or revoke any direction issued under this section. [18/2006]


document_id: ea-2001
provision_ref: s30E
chapter: PART 4A - CONTROL OF ELECTRICITY LICENSEES AND ENTITIES
section: 30E
title: Effect of directions
content:
30E. —(1) Any direction issued to a person under section 30D takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the designated electricity licensee, the designated entity or the designated business trust, as the case may be. [18/2006] (2) Where any direction is issued under section 30D(2)( b ) or ( c ) or (2A)( b ) or ( c ), despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution, of the licensee, the entity or the business trust, as the case may be — ( a ) no voting rights are exercisable in respect of the specified equity interests or relevant equity interests unless the Authority expressly permits such rights to be exercised; [Act 27 of 2024 wef 01/07/2025] ( b ) no equity interest of the licensee, the entity or the business trust may be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified equity interests or relevant equity interests unless the Authority expressly permits such issue or offer; and [Act 27 of 2024 wef 01/07/2025] ( c ) except in a winding up of the licensee, the entity or the business trust, payments must not be made by the licensee, the entity or the trustee‑manager of the business trust of any amount (whether by way of dividends or otherwise) in respect of the specified equity interests or relevant equity interests unless the Authority expressly authorises such payment, until the transfer or disposal is effected in accordance with the direction or until the direction is revoked, as the case may be. [18/2006; 42/2018] [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s30F
chapter: PART 4A - CONTROL OF ELECTRICITY LICENSEES AND ENTITIES
section: 30F
title: Offences, penalties and defences
content:
30F. —(1) Any person who contravenes section 30B or 30D(6) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $500,000 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 $50,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. [18/2006] (2) Where a person is charged with an offence in respect of a contravention of section 30B(3) or (3A), it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened section 30B(3) or (3A); and [Act 27 of 2024 wef 01/07/2025] ( b ) the person has, within 14 days of becoming aware that the person had contravened section 30B(3) or (3A), notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s holding of equity interest or control of voting power in the licensee, the entity or the business trust as the Authority may direct. [18/2006] [Act 27 of 2024 wef 01/07/2025] (3) Where a person is charged with an offence in respect of a contravention of section 30B(3), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest or in the voting power controlled by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the licensee, the entity or the business trust; and ( c ) the person has, within 14 days of the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s holding of equity interest or control of voting power in the licensee, the entity or the business trust as the Authority may direct. [18/2006] (3A) Where a person is charged with an offence in respect of a contravention of section 30B(3A), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of a decrease in the holding of equity interest or in the voting power controlled by any of the person’s associates; ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the licensee, the entity or the business trust; and ( c ) the person has, within 14 days of the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s holding of equity interest or control of voting power in the licensee, the entity or the business trust as the Authority may direct. [Act 27 of 2024 wef 01/07/2025] (4) Except as provided in subsections (2), (3) and (3A), it is not a defence for a person charged with an offence in respect of a contravention of section 30B(1), (3) or (3A) to prove that the person did not intend to or did not knowingly contravene section 30B(1), (3) or (3A). [18/2006] [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s30G
chapter: PART 4A - CONTROL OF ELECTRICITY LICENSEES AND ENTITIES
section: 30G
title: Appointment of chief executive officer, director, etc., of designated electricity licensee
content:
30G. —(1) No designated electricity licensee may appoint a person as its chief executive officer, its director or the chairperson of its board of directors unless it has obtained the prior written approval of the Authority. [18/2006] (2) Where a person has been appointed by a designated electricity licensee as its chief executive officer, its director or the chairperson of its board of directors in contravention of subsection (1), the Authority may issue a direction to the licensee to remove the person as its chief executive officer, its director or the chairperson of its board of directors, as the case may be. [18/2006] (3) This section has effect despite the provisions of any other written law or of the memorandum or articles of association, or other constitution, of the designated electricity licensee. [18/2006] (4) In this section — “chief executive officer”, in relation to a designated electricity licensee, means any person, by whatever name described, who is — ( a ) in the direct employment of, or acting for or by arrangement with, the designated electricity licensee; and ( b ) principally responsible for the management and conduct of any type of business of the designated electricity licensee, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer; “director” has the meaning given by section 4(1) of the Companies Act 1967. [18/2006]


document_id: ea-2001
provision_ref: s31
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 31
title: Works by electricity licensee
content:
31. —(1) Subject to the provisions of this Act, a generation licensee, market support services licensee or transmission licensee may, for any purpose connected with the carrying on of the activities authorised by or required under its electricity licence — ( a ) install under, over, in, on, along or across any land, premises, street or bridge and from time to time inspect, maintain, adjust, repair, alter, replace or remove — (i) any electric line or electrical plant; (ii) any structure for housing or covering any such line or plant; and (iii) any meter, switch and any other suitable and proper apparatus, for the purpose of leading off service lines and other distributing conductors or of examining, testing, measuring, directing or controlling the supply of electricity or of testing the conditions of the mains and other portions of the works; and ( b ) execute any work requisite for or incidental to the purposes of any work falling within paragraph ( a ), including for those purposes — (i) excavating any land, street or drain; (ii) tunnelling or boring under any land, street, sewer or drain; (iii) removing or using all earth and materials in or under any land, street, sewer or drain; (iv) erecting, placing or installing equipment, apparatus and other electrical plant in or under any land, building, street or bridge; and (v) erecting, placing or installing poles on any land or street. [18/2006] (2) A licensee referred to in subsection (1) must obtain the written approval of the Authority — ( a ) before issuing a notice under subsection (7); or ( b ) in the case of an emergency specified in subsection (7), before carrying out any work, if the work to be carried out under this section is in relation to any matter specified in subsection (1)( a )(i), (ii) or (iii) which is owned or operated by another electricity licensee. [18/2006] (3) The right of a licensee to carry out any work in accordance with this section has effect despite any agreement which prohibits the carrying out of the work. [18/2006] (4) All such works, including the upper surface or covering thereof, must be constructed of such materials and maintained by the licensee referred to in subsection (1) in such manner as not to be a source of danger, whether by reason of inequality of surface or otherwise; and when such licensee lays any electric line that is liable to touch any main, pipe, line or other service, the conducting portion of the electric line must be effectually insulated. [18/2006] (5) The licensee referred to in subsection (1) must pay compensation to any person who suffers any damage or loss of value to the person’s property as a result of any work performed by the licensee under subsection (1) of such amount as may be agreed between the licensee and the person, and such compensation may include an annual payment for the use of any land or immovable property for the licensee’s purpose. [18/2006] (6) The licensee referred to in subsection (1) does not acquire any right other than that of a user only in respect of any land or property under, over, in, on, along or across which the licensee installs any electric line or electrical plant or executes any work under this section. [18/2006] (7) Except in the case of an emergency arising from any fault in any electric line or electrical plant, the licensee referred to in subsection (1) must, before entering any land for the purpose specified in subsection (1), give 14 days’ written notice to the owner or occupier of the land, stating as fully and accurately as possible the nature and extent of the work to be carried out. [18/2006] (8) Subject to subsection (9), the owner or occupier of the land who is given a notice under subsection (7) must comply with the notice and do all things necessary to facilitate the carrying out of the work specified in the notice. [18/2006] (9) The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (7), lodge a written objection with the Authority and the Authority must specify the date by which an inquiry into such objection must be made. (10) If no objection is lodged within the period specified in subsection (9), the licensee may enter on the land and do all or any of the works specified in the notice. [18/2006] (11) Where an objection lodged under subsection (9) is not withdrawn before the date fixed for an inquiry into the matter under that subsection, the Authority must hold an inquiry, giving each party an opportunity to be heard. (12) Upon the conclusion of the inquiry, the Authority may authorise, either unconditionally or subject to such terms, conditions and stipulations as it thinks fit, the carrying out of any of the works specified in the notice given under subsection (7). [18/2006] (13) The decision of the Authority under subsections (2) and (12) is final. [18/2006] (14) The licensee referred to in subsection (1) must do as little damage as possible in the exercise of the powers conferred by subsection (1) and must, as soon as practicable, make good any damage done in the exercise of those powers. [18/2006] (15) Where any dispute arises as to whether a licensee referred to in subsection (1) has sufficiently made good any damage done in the exercise of the powers conferred by subsection (1), the dispute — ( a ) may be referred to the Authority by either party; and ( b ) on such a reference, is to be determined by the Authority whose decision is final and conclusive between the parties. [18/2006] (16) A licensee referred to in subsection (1) must exercise the powers conferred by subsection (1) in such manner as will secure that nothing which it installs or keeps installed under, over, in, on, along or across any premises, street or bridge becomes a source of danger to the public. [18/2006] (17) A licensee referred to in subsection (1) is not, when exercising the powers conferred by subsection (1), liable for or required to pay any person any fee, charge or expense for the right to enter or use any land or premises. [18/2006] (18) A licensee referred to in subsection (1) must not, without the written approval of a Government authority or statutory authority, enter or use any land or premises belonging to the Government authority or statutory authority for the purpose of exercising the powers conferred by subsection (1). [18/2006]


document_id: ea-2001
provision_ref: s32
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 32
title: Power to fell trees, etc.
content:
32. —(1) Where, in the opinion of an electricity licensee, there is at any time danger or suspected danger that any tree or vegetation near the licensee’s installation or plant may obstruct or interfere with the supply of electricity or cause damage to such installation or plant, the licensee may cause the tree or vegetation to be felled or dealt with in any other manner that will, in its opinion, avert the danger. (2) An electricity licensee is, in the exercise of its powers under subsection (1), subject to the provisions of the National Parks Board Act 1996 and the Parks and Trees Act 2005. (3) Where any tree or vegetation, which has been felled or dealt with under subsection (1), was in existence before the electricity licensee’s installation or plant was placed, erected or installed, the licensee must, subject to subsections (4) and (5), pay to any person adversely affected such sum as may be agreed between the licensee and the person, or in the absence of agreement, such sum as may be determined by the Authority. (4) No further compensation may be paid for the felling, lopping or clearing of any tree or vegetation where the action is necessary for the maintenance of an electricity licensee’s installation or plant and the tree or vegetation has grown or has been allowed to grow since the payment of compensation under subsection (3). (5) No compensation is payable by an electricity licensee under subsection (3) in respect of any tree or vegetation within 20 metres of the centre line of any road constructed or maintained by the Government or by any public authority unless it is proved that the tree or vegetation was in existence prior to the construction of the road. (6) Where the owner or occupier of any land fells, lops or clears any tree or vegetation adjacent to an electricity licensee’s installation or plant, the owner or occupier must give the licensee 14 days’ written notice of the intention of the owner or occupier to do so and must take such reasonable precautions as the licensee may require for the protection of such installation or plant. (7) If any such owner or occupier fails to give notice under subsection (6) or having given notice fails to take any such reasonable precautions as the electricity licensee may have required, such owner or occupier is liable to pay the licensee any cost and expense incurred by the licensee for any damage caused to any such installation or plant, subject to the Authority’s approval in the case of any dispute. (8) If any tree or vegetation is felled, lopped or cleared upon land adjacent to an electricity licensee’s installation or plant, it is presumed until the contrary is proved that the tree or vegetation was felled, lopped or cleared by the owner or occupier of the land or by the employees or agents of the owner or occupier acting as such.


document_id: ea-2001
provision_ref: s33
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 33
title: Entry upon premises by electricity licensee for purposes of exploration
content:
33. —(1) Subject to this section and without prejudice to any other right of entry, a person authorised in writing by a transmission licensee or market support services licensee may, at any reasonable time, enter upon and survey any premises for the purpose of ascertaining whether the premises would be suitable for use for any purpose connected with the carrying on of the activities which the licensee is authorised by its electricity licence to carry on. (2) A person authorised to enter upon any premises under this section must not demand to do so as of right unless — ( a ) 7 days’ notice of the intended entry has been given to the occupier; and ( b ) if required to do so, the person has produced evidence of the person’s authority. (3) The power to survey premises conferred by this section includes the power to search and bore for the purposes of ascertaining the nature of the subsoil, but works may not be carried out on the premises for this purpose unless — ( a ) notice of the proposed works is included in the notice given under subsection (2); and ( b ) where premises are held by any statutory authority which objects to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of its undertaking, the Minister gives his or her approval. (4) Where any person exercises any power conferred by this section, the licensee by whom the person was authorised must make good any damage done to the premises. (5) An electricity licensee must not, without the written approval of a Government authority or statutory authority, authorise any person to enter or use any premises belonging to the Government authority or statutory authority for the purpose of exercising the powers conferred by subsection (1).


document_id: ea-2001
provision_ref: s34
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 34
title: Entry during continuance of supply
content:
34. A person authorised by a transmission licensee or market support services licensee to enter upon any premises may, at all reasonable times, on the production of some duly authenticated document showing the person’s authority, enter any premises to which a supply of electricity is being given for any of the following purposes: ( a ) inspecting any electric line or electrical plant belonging to the licensee; ( b ) ascertaining the register of any electricity meter; ( c ) removing, inspecting or re-installing any such meter or installing any substitute meter; ( d ) carrying out all other works necessary to maintain the supply of electricity.


document_id: ea-2001
provision_ref: s35
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 35
title: Entry during discontinuance of supply
content:
35. —(1) Where — ( a ) a transmission licensee or market support services licensee is authorised by this Act or its electricity licence to disconnect or discontinue the supply of electricity to any premises; ( b ) a person occupying premises supplied with electricity by a retail electricity licensee or market support services licensee ceases to require such a supply; or ( c ) a person entering into occupation of any premises previously supplied with electricity by a retail electricity licensee or market support services licensee does not require such a supply, any person authorised in writing by the transmission licensee or market support services licensee may at all reasonable hours, on production of some duly authenticated document showing the person’s authority, enter the premises for the purposes of disconnecting the supply or removing any electrical plant, electric line or electricity meter, as the case may be. (2) Subject to section 39, the person so authorised by a transmission licensee or market support services licensee must not enter any dwelling house in actual occupation without 6 hours’ previous notice to the occupier, unless the occupier has given the occupier’s consent to the entry.


document_id: ea-2001
provision_ref: s36
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 36
title: Entry for replacing, repairing or altering electric line or electrical plant
content:
36. —(1) Any person authorised by an electricity licensee in writing may, after 7 days’ notice to the occupier of any premises or to the owner of any premises which are unoccupied, at all reasonable times, on production of some duly authenticated document showing the person’s authority, enter the premises for the purpose of — ( a ) placing a new electric line or electrical plant in the place of or in addition to any existing line or plant which has already been lawfully placed and which belongs to that licensee; or ( b ) maintaining, inspecting, repairing, removing or altering any such existing line or plant. (2) In the case of an emergency arising from any fault in any electric line or electrical plant, entry may be made under subsection (1) without the notice required by that subsection, but the notice must then be given as soon as possible after the occurrence of the emergency.


document_id: ea-2001
provision_ref: s37
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 37
title: Relocation of installation
content:
37. —(1) Where an installation has been laid under or upon any land by an electricity licensee and the owner or occupier of the land desires to use the land in a manner which renders it necessary or convenient to move such installation, the owner or occupier may request the licensee to move the installation accordingly. (2) An electricity licensee may, at the request of the owner or occupier of any premises under or upon which any installation of the licensee is situated, relocate the installation if the licensee is satisfied that such relocation is reasonable and the owner or occupier complies with such terms and conditions as the licensee may impose, including terms and conditions relating to the payment by the owner or occupier of all costs and expenses necessary for the relocation. (3) Where an installation has been laid under or upon any land by an electricity licensee and the installation is no longer in use by the occupier of the land or any other person for the purpose of the transmission or supply of electricity, the licensee may at its own volition, or at the reasonable request of the owner of the land, remove the installation from the land at the expense of the electricity licensee. (4) For the purposes of this section, “owner” includes any person having a leasehold interest in the land or premises with an unexpired term of not less than 7 years.


document_id: ea-2001
provision_ref: s38
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 38
title: Electrical plant not fixtures and not subject to distress
content:
38. Any electrical plant, electric line, electricity meter, appliance, accessory, fitting and appurtenance owned or let for hire or lent to a consumer by an electricity licensee and which has been affixed or fastened to any part of the premises — ( a ) continues to remain the property of that licensee and is deemed not to be a fixture, and does not vest in the owner of the premises; and ( b ) is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is. [Act 25 of 2021 wef 01/04/2022]


document_id: ea-2001
provision_ref: s38A
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 38A
title: Repurposing of installations
content:
38A. —(1) This section applies to a person who — ( a ) is an electricity licensee or is exempted under section 8; and ( b ) owns, or manages or controls, a relevant installation. (2) A person must not, without the prior approval of the Authority, use or allow the use of the relevant installation or any part of the relevant installation (including following any modification, replacement or disposal of any part of the relevant installation) other than as or as part of such relevant installation. (3) Regulations made under section 103 may exclude any of the following from the application of this section: ( a ) any electricity licensee or person exempted under section 8; ( b ) any relevant installation or any part of any relevant installation; ( c ) any use of any relevant installation or part of any relevant installation (including following any modification, replacement or disposal of any part of the relevant installation), generally or in prescribed circumstances. (4) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (5) In this section, “relevant installation” means any of the following: ( a ) a generating station; ( b ) a generating unit; ( c ) a transmission system; ( d ) an energy storage system (including where the system is not part of a generating station, generating unit or transmission system). [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s39
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 39
title: Power to discontinue supply of electricity in emergency, etc.
content:
39. —(1) Where an electricity licensee is of the opinion that immediate action is necessary on the occurrence of any emergency, in the interest of public safety or in order to avoid undue interference with the efficient supply of electricity to other consumers or for such other reasons affecting public interest, the licensee — ( a ) may forthwith discontinue the supply of electricity to any person; ( b ) must immediately thereafter give written notice of the discontinuance to the person; and ( c ) not being a market support services licensee, must immediately inform the market support services licensee of the discontinuance. (2) An electricity licensee is not liable for any loss or damage caused to any person by such discontinuance of the supply of electricity to the person.


document_id: ea-2001
provision_ref: s40
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 40
title: Emergency plans
content:
40. —(1) The Authority may require an electricity licensee to prepare and file with the Authority such emergency plans in accordance with, and as may be specified in, its licence and the market rules. (2) The Authority may, with the approval of the Minister, direct an electricity licensee to implement an emergency plan prepared by that licensee on one or more occasions and with such modifications as the Minister may, from time to time, consider necessary.


document_id: ea-2001
provision_ref: s41
chapter: PART 5 - MATTERS RELATING TO ELECTRICITY LICENSEES
section: 41
title: Contestable consumers
content:
41. —(1) The Authority may, with the approval of the Minister, make regulations prescribing the circumstances in which a consumer becomes, or ceases to be, a contestable consumer (including upon the grant of an application made by the consumer to be or to cease to be such). [42/2018] (2) A market support services licensee must provide market support services to a contestable consumer in accordance with this Act and its licence, and on terms and conditions approved by the Authority. (3) A contestable consumer is to purchase electricity for consumption on the consumer’s own premises in accordance with any one of the following options: ( a ) purchase electricity from a retail electricity licensee on mutually agreed terms and conditions; ( b ) subject to subsection (4), purchase electricity directly from any wholesale electricity market at prevailing market prices; ( c ) purchase electricity indirectly from any wholesale electricity market through a market support services licensee at prevailing market prices. (4) A contestable consumer must not purchase electricity directly from any wholesale electricity market unless the consumer is granted a licence by the Authority to do so and is registered as a market participant in accordance with the market rules. (5) A consumer has the option to, within a period of 30 days from the date on which the consumer is classified under subsection (1) as a contestable consumer (or such further period as the Authority may determine) — ( a ) commence purchasing electricity under a contract with a retail electricity licensee; or ( b ) commence purchasing electricity directly from any wholesale electricity market. (6) If a consumer commences purchasing electricity under subsection (5)( a ) or ( b ) and has an existing agreement under which any person supplies and sells electricity to the consumer, that agreement ceases to have effect from the date on which the consumer commences purchasing electricity under the relevant option. (7) If a consumer does not commence purchasing electricity under subsection (5)( a ) or ( b ), the consumer is deemed to commence purchasing electricity indirectly from any wholesale electricity market through a market support services licensee at prevailing market prices with effect from the date immediately after the expiry of the period referred to in that subsection. (8) Where subsection (7) is applicable and the consumer has an existing agreement under which any person supplies and sells electricity to the consumer, that agreement ceases to have effect from the date immediately after the expiry of the period referred to in subsection (5). (9) Despite subsections (5) and (7), a contestable consumer may, at any time after the expiry of the period referred to in subsection (5), enter into an arrangement to purchase electricity for consumption on the consumer’s own premises under any one of the options specified under subsection (3). (10) At such time when — ( a ) a contestable consumer does not, cannot or no longer wishes to purchase electricity from a retail electricity licensee or directly from any wholesale electricity market; or ( b ) a retail electricity licensee is unable or refuses to retail electricity to a contestable consumer for any reason, a market support services licensee must (if the contestable consumer remains as such under this section) provide the contestable consumer access to any wholesale electricity market for the purpose of allowing the consumer to purchase electricity indirectly from that market through the licensee at prevailing market prices. [42/2018] (11) Nothing in subsections (6) and (8) has the effect of extinguishing any right or liability of any party under the existing agreement referred to in those subsections where such right or liability had accrued on the date the agreement ceased to have effect under those subsections. (12) A market support services licensee must not discontinue the provision of market support services to any contestable consumer except in accordance with its licence. (13) Nothing in this section is to be taken as requiring a market support services licensee to procure a supply of electricity to the premises of any contestable consumer if — ( a ) it is prevented from doing so by circumstances not within its control; ( b ) circumstances exist by reason of which its doing so would or might involve the market support services licensee or any other electricity licensee being in breach of this Act, and the market support services licensee or other electricity licensee has taken all reasonable steps to prevent the circumstances from occurring and to prevent them from having that effect; or ( c ) any building on the premises has been erected in contravention of any written law or is in a ruinous or dangerous condition.


document_id: ea-2001
provision_ref: s41A
chapter: PART 5A - ELECTRICITY RATIONING
section: 41A
title: Meaning of electricity shortage
content:
41A. An electricity shortage situation is a situation where, owing to any circumstances (including a shortage of any fuel required to generate electricity) — ( a ) in the opinion of the Authority — (i) the amounts of electricity that can be generated in and imported into Singapore will likely not meet the needs of some consumers in Singapore; or (ii) if no measures are taken, the secure operation of a transmission system of a transmission licensee will be threatened; or ( b ) the amounts of electricity being generated in and imported into Singapore do not meet the needs of some consumers in Singapore. [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s41B
chapter: PART 5A - ELECTRICITY RATIONING
section: 41B
title: Directions for electricity rationing
content:
41B. —(1) Where there is an electricity shortage situation, the Authority may, with the approval of the Minister, give to any one or more persons such directions for the purpose in subsection (2) to do any act in subsection (3) that the Authority considers necessary. (2) The purpose of the directions is to prevent the electricity shortage situation from occurring or continuing, or to deal with or alleviate the electricity shortage situation. (3) A direction may require any person to whom the direction is given to do or not to do any thing in order to regulate the generation, transmission, supply or use of electricity, including — ( a ) requiring a person to generate an amount of electricity specified in the direction, or not generate any electricity, for any period specified in the direction or on any specified day or at any specified time of any day in that period; ( b ) requiring a person to generate electricity using the type of fuel specified in the direction; and ( c ) requiring a person to supply to another person, or requiring a person to use, an amount of electricity specified in the direction, or not to supply or use any electricity, for any period specified in the direction or on any specified day or at any specified time of any day in that period. (4) Directions under this section may be issued at any one or more times during the electricity shortage situation, including to the same person. (5) Where the same direction is to be given to a class of persons, the Authority may, instead of issuing a direction to each person in the class, issue a direction for the class of persons. (6) The Authority must publicise a direction under subsection (5) in such manner as the Authority considers appropriate for bringing the direction to the attention of all persons in the class. (7) A direction under this section remains in force until revoked by the Authority, and such revocation does not prevent the issue of another direction under this section to the same person or class of persons, whether with the same requirements as or different requirements from the direction revoked. (8) The Authority is not required to consult any person, or provide any notice, before issuing any direction under this section. (9) A person (including an electricity licensee) who fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to one or both of the following: ( a ) a fine not exceeding $50,000; ( b ) imprisonment for a term not exceeding 3 years, and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s41C
chapter: PART 5A - ELECTRICITY RATIONING
section: 41C
title: Enforcement of directions
content:
41C. —(1) Where a direction under section 41B requires a reduction in or cessation of the use of electricity at any premises, and the requirement is not complied with, the Authority — ( a ) may take such steps as are necessary to reduce or discontinue the supply of electricity to the premises, including by ordering a market support services licensee or transmission licensee to reduce or discontinue the supply of electricity to the premises by any means specified in the order; and ( b ) must give the owner or occupier of the premises not less than 6 hours’ written notice of the reduction or discontinuance. (2) The steps in subsection (1) may include the disconnection of any connection to the premises for the purpose of supplying electricity to the premises, whether or not such connection is in use. (3) Where, for purposes of subsection (1)( a ), the only way to reduce or discontinue the supply of electricity to any premises would require the Authority, or the market support services licensee or transmission licensee, to enter those or any other premises or physically access any equipment or apparatus at any premises, the Authority, market support services licensee or transmission licensee may, through any person authorised by the Authority, market support services licensee or transmission licensee (as the case may be), enter the premises or physically access the equipment or apparatus at any premises at all reasonable times — ( a ) to carry out all works necessary to effect the reduction or discontinuance; and ( b ) in any event (for the person authorised by the market support services licensee or transmission licensee) to carry out the order under subsection (1)( a ). (4) A person authorised by the Authority, market support services licensee or transmission licensee under subsection (3) must, if requested by any person occupying, or having control or management of, the premises, produce — ( a ) some duly authenticated document showing the person’s authority; and ( b ) for a person authorised by the market support services licensee or transmission licensee, the order made by the Authority under subsection (1)( a ). (5) A supply of electricity that has been reduced or discontinued pursuant to subsection (1)( a ) may be increased or restored — ( a ) only if the approval of the Authority for the increase or restoration is obtained in the manner and through any person required by the Authority; and ( b ) upon the payment of the costs and expenses of such increase or restoration by the person seeking the Authority’s approval. (6) A person who does any act which the person knows or ought reasonably to know obstructs, hinders or otherwise prevents, or is likely to obstruct, hinder or otherwise prevent, any person authorised by the Authority, market support services licensee or transmission licensee (as the case may be) from exercising any power under subsection (3) shall be guilty of an offence. (7) Where a supply of electricity to any premises has been reduced or discontinued pursuant to subsection (1)( a ), a person who does any act for the purpose of increasing or restoring the supply of electricity to the premises without the Authority’s approval for the increase or restoration under subsection (5), shall be guilty of an offence and shall be liable on conviction to one or both of the following: ( a ) a fine not exceeding $10,000; ( b ) imprisonment for a term not exceeding 3 months. (8) Where a supply of electricity to any premises has been reduced or discontinued pursuant to subsection (1)( a ), and the supply increased or restored without the approval of the Authority, for so long as the order remains in force, if the amount of electricity used at the premises exceeds the amount permitted under the order, the occupier of the premises shall be guilty of an offence and shall be liable on conviction to one or both of the following: ( a ) a fine not exceeding $10,000; ( b ) imprisonment for a term not exceeding 3 months, and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s41D
chapter: PART 5A - ELECTRICITY RATIONING
section: 41D
title: Protection from liability
content:
41D. —(1) The Authority is not liable for any loss or expense suffered by any person in or as a result of complying with any direction made under section 41B(1) or any order made under section 41C(1)( a ) by the Authority in good faith and with reasonable care, or as a result of any reduction or discontinuance of any supply of electricity to the person following from such direction or order. (2) A market support services licensee and a transmission licensee are not liable for any loss or expense suffered by any person as a result of the market support services licensee or transmission licensee (as the case may be) complying in good faith and with reasonable care with any order made by the Authority under section 41C(1)( a ). (3) The Authority, a market support services licensee, a transmission licensee and any person authorised by the Authority or such licensee, are not liable for any loss or expense, or damage, suffered by any person as a result of the exercise in good faith and with reasonable care of any powers under section 41C(1) or (3) by the person so authorised by the Authority or such licensee. [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s41E
chapter: PART 5A - ELECTRICITY RATIONING
section: 41E
title: Effect of directions on contracts
content:
41E. —(1) This section applies where — ( a ) a direction under section 41B(1) applies to a person ( A ); and ( b ) in order for A to comply with the direction, A must — (i) take from another person less electricity than what A had contracted to take (including no electricity); (ii) provide another person with less electricity than what A had contracted to provide (including no electricity); or (iii) take from another person less fuel than what A had contracted to take (including no fuel), for the purpose of A generating electricity. (2) No action, suit or other legal proceedings lies against A for or in relation to A ’s failure to comply with A ’s contractual obligation as described in subsection (1)( b ), to the extent that A ’s failure is solely attributable to or occasioned by A ’s compliance with the direction. (3) Where — ( a ) A ’s failure is in relation to a contract that is part of a chain of supply; and ( b ) A ’s failure results in any person ( B ) that is a party to some other contract in the chain of supply not being able to take or provide the electricity, or take fuel, which B had contracted to take or provide, no action, suit or other legal proceedings lies against B for or in relation to B ’s failure to the extent that B ’s failure is solely attributable to or occasioned by A ’s failure. (4) Despite any rule of law, neither A ’s failure nor B ’s failure — ( a ) constitutes a breach of the contract with A or B (as the case may be) by which any other party to the contract may terminate the contract; or ( b ) constitutes an event by which the contract is frustrated, unless provided for in the contract pursuant to subsection (5). (5) Nothing in this section prevents the parties to a contract from specifically providing in the contract for the respective rights and obligations of the parties in the event a party to the contract is unable to take or provide electricity, or take fuel, in the amount contracted for as a result of — ( a ) the party complying with a direction under section 41B(1) applicable to the party; or ( b ) a party to some other contract in the same chain of supply as the firstmentioned contract complying with a direction under section 41B(1) applicable to the party to such other contract, or otherwise providing for the effect on the firstmentioned contract of any matter mentioned in paragraph ( a ) or ( b ). (6) Nothing in this section prevents the parties to a contract entered into before the date of commencement of section 17 of the Energy Transition Measures and Other Amendments Act 2024 from agreeing on or after that date, to make a specific provision in the contract for the respective rights and obligations of the parties mentioned in subsection (5). [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s41F
chapter: PART 5A - ELECTRICITY RATIONING
section: 41F
title: Requests for information, etc.
content:
41F. —(1) For the purpose of forming its opinion in section 41A( a ) and issuing any directions under section 41B(1), the Authority may, by written notice to any person, request the person to furnish to the Authority any information and document within the knowledge of the person or in the person’s custody or under that person’s control, concerning the electricity usage of that person or any other person. (2) Any person who, upon a request mentioned in subsection (1) — ( a ) fails to comply with the request; ( b ) intentionally alters, suppresses or destroys any information or document required by the request; or ( c ) provides to the Authority any information or document that is false, misleading or inaccurate in a material particular, or recklessly provides any such information or document, 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 12 months or to both. [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s41G
chapter: PART 5B - MATTERS RELATING TO GENERATION ENTITIES
section: 41G
title: Interpretation of this Part
content:
41G. In this Part — “gas” has the meaning given by section 2 of the Gas Act 2001; “generation entity” means a person who engages in the generation of electricity, whether the person is authorised by an electricity licence to generate electricity, or is exempt under this Act from the requirement of such a licence; “prescribed generation entity” means a generation entity that is prescribed as such, or that is within a class of generation licensees prescribed as such, pursuant to section 41H. [Act 27 of 2024 wef 01/09/2025]


document_id: ea-2001
provision_ref: s41H
chapter: PART 5B - MATTERS RELATING TO GENERATION ENTITIES
section: 41H
title: Application of this Part
content:
41H. This Part applies to any generation entity or any class of generation entities prescribed by regulations made under section 103 for the purposes of this Part. [Act 27 of 2024 wef 01/09/2025]


document_id: ea-2001
provision_ref: s41I
chapter: PART 5B - MATTERS RELATING TO GENERATION ENTITIES
section: 41I
title: Procurement of gas by prescribed generation entity
content:
41I. —(1) Unless the Authority otherwise allows, a prescribed generation entity that requires gas for any purpose must obtain the gas only from the holder of a gas importer’s licence (central import) under the Gas Act 2001. (2) Subsection (1) does not apply to any prescribed generation entity in respect of any contract to procure gas that the generation entity entered into before the date of commencement of section 18 of the Energy Transition Measures and Other Amendments Act 2024, or any such contract that is renewed or extended before, on or after that date. (3) However, no term or condition of such contract may be amended or modified except with the prior approval of the Authority. (4) Unless the Authority otherwise allows, a prescribed generation entity must not, in relation to gas obtained by it — ( a ) from the holder of a gas importer’s licence (central import); or ( b ) under a contract mentioned in subsection (2), provide the gas to any other person, whether or not that person is a prescribed generation entity. (5) Without affecting section 14, where subsection (1), (3) or (4) is contravened — ( a ) any contract by which the prescribed generation entity purports to obtain gas from a person that does not hold a gas importer’s licence (central import); ( b ) any amendment or modification to a contract in contravention of subsection (3); or ( c ) any contract by which the prescribed generation entity provides the gas mentioned in subsection (4) to any other person, (as the case may be) is void to the extent of the contravention. [Act 27 of 2024 wef 01/09/2025]


document_id: ea-2001
provision_ref: s42
chapter: PART 6 - WHOLESALE ELECTRICITY MARKET
section: 42
title: Interpretation of this Part
content:
42. —(1) In this Part — “constituent documents” means the memorandum and articles of association of the Market Company; “Market Company” means the company which holds an electricity licence authorising it to operate any wholesale electricity market. (2) In the event of any inconsistency — ( a ) between the constituent documents and this Act or the market rules, this Act or the market rules (as the case may be) prevail to the extent of the inconsistency; or ( b ) between the market rules and this Act, this Act prevails to the extent of the inconsistency. (3) Nothing in this Part is to be construed as conferring on the Market Company the exclusive right or privilege to operate any wholesale electricity market.


document_id: ea-2001
provision_ref: s43
chapter: PART 6 - WHOLESALE ELECTRICITY MARKET
section: 43
title: Functions and powers of Market Company
content:
43. —(1) The functions of the Market Company are, subject to and in accordance with this Act, its electricity licence and the constituent documents — ( a ) to operate and administer any wholesale electricity market specified in its licence; ( b ) to schedule generating units, loads and a transmission system of a transmission licensee; ( c ) to facilitate the planning and augmentation of a transmission system of a transmission licensee; ( d ) to provide information and other services to facilitate decisions for investment and the use of resources in the electricity industry; and ( e ) to exercise and perform any other powers and duties assigned to the Market Company under this Act, its licence, the market rules and any code of practice. [42/2018] (2) The Market Company may engage in any business, undertaking or activity incidental to the performance of its functions.


document_id: ea-2001
provision_ref: s44
chapter: PART 6 - WHOLESALE ELECTRICITY MARKET
section: 44
title: Approval of Minister
content:
44. —(1) The approval in writing of the Minister is required for — ( a ) the disposal of the whole or substantially the whole of the Market Company’s undertaking or property; ( b ) the voluntary winding up of the Market Company; and ( c ) the addition, deletion or alteration of any provision of the constituent documents. (2) The requirement under subsection (1) is in addition to the requirements prescribed by the Companies Act 1967 or the Insolvency, Restructuring and Dissolution Act 2018 in respect of the matters referred to in that subsection. [40/2018] (3) Any act done or agreement made in contravention of subsection (1) has no effect and is unenforceable at law.


document_id: ea-2001
provision_ref: s45
chapter: PART 6 - WHOLESALE ELECTRICITY MARKET
section: 45
title: Liability of Market Company
content:
45. —(1) No suit or other legal proceedings shall lie against any director, officer, employee or agent of the Market Company or any person acting under the direction of the Market Company for anything which is in good faith done or not done, in the execution or purported execution of the functions of the Market Company. (2) Subsection (1) does not relieve the Market Company of any liability to which it would otherwise be subject in respect of a cause of action arising from any act or omission referred to in that subsection.


document_id: ea-2001
provision_ref: s46
chapter: PART 6 - WHOLESALE ELECTRICITY MARKET
section: 46
title: Market rules
content:
46. —(1) The Authority is to make initial market rules — ( a ) establishing and governing, amongst other things — (i) any wholesale electricity market; and (ii) agreements and arrangements in connection with trading; ( b ) governing the activities of the Market Company and market participants in and in relation to any wholesale electricity market; and ( c ) governing the operation of the electricity system. (2) To avoid doubt, rules made for the purpose of subsection (1)( a ) may make provision governing the activities of market support services licensees in and in relation to any wholesale electricity market. [18/2006] (3) The Market Company — ( a ) may modify the market rules in accordance with the market rules; and ( b ) must modify the market rules when directed to do so by the Authority. [18/2006] (4) The market rules made or modified in accordance with this section must be published by the Market Company in such manner as will secure adequate publicity. [18/2006] (5) A modification to the market rules made by the Market Company under subsection (3) is subject to approval by the Authority, which approval must be granted unless the Authority determines that the modification — ( a ) being a modification made under subsection (3)( a ), unjustly discriminates in favour of or against a market participant, a market support services licensee, or a class of market participants or market support services licensees; or ( b ) is inconsistent with the functions and duties of the Authority under section 3(3). [18/2006] (6) The market rules are deemed not to be subsidiary legislation.


document_id: ea-2001
provision_ref: s47
chapter: PART 6 - WHOLESALE ELECTRICITY MARKET
section: 47
title: Penalties under market rules
content:
47. Without limiting section 46(1), the market rules may include provisions authorising and governing the imposition of financial penalties on market participants, the Market Company and market support services licensees. [18/2006]


document_id: ea-2001
provision_ref: s48
chapter: PART 6 - WHOLESALE ELECTRICITY MARKET
section: 48
title: Limitation of actions under market rules
content:
48. —(1) If the market rules include a provision — ( a ) that regulates the manner in which disputes under the market rules or referred to in the market rules are to or may be resolved; and ( b ) that restricts recourse to the courts until such time as the dispute resolution process in the market rules has been exhausted, recourse to the courts is to be limited in the manner prescribed by the market rules, including a restriction against appeals to a court except in relation to matters of law and jurisdiction. (2) Nothing in this section is to be read or construed as — ( a ) sanctioning the absolute limitation of appeals to the courts except in relation to matters of fact; or ( b ) limiting the right of any person to seek interim injunctive relief from the courts.


document_id: ea-2001
provision_ref: s49
chapter: PART 6 - WHOLESALE ELECTRICITY MARKET
section: 49
title: Market rules have force of contract
content:
49. —(1) The market rules have the effect of a contract between each market participant and the Market Company. (2) Each market participant and the Market Company are deemed to have entered into a contract with one another under which each market participant and the Market Company severally agree to perform and observe the market rules as far as they are applicable to each market participant and the Market Company as provided for in the market rules.


document_id: ea-2001
provision_ref: s50
chapter: PART 7 - COMPETITION
section: 50
title: Agreements, etc., preventing, restricting or distorting competition
content:
50. —(1) Subject to section 52, agreements, decisions or concerted practices by persons which have as their object or effect the prevention, restriction or distortion of competition in any wholesale electricity market or the retail electricity market in Singapore are prohibited. (2) Subsection (1) applies, in particular, to agreements, decisions or concerted practices which — ( a ) directly or indirectly fix purchase or selling prices or any other trading conditions of electricity in Singapore; ( b ) limit or control generation of electricity, any wholesale electricity market, the retail electricity market, technical development or investment in the electricity industry in Singapore; ( c ) share markets or sources of supply of electricity in Singapore; ( d ) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; ( e ) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or ( f ) provide for the acquisition, directly or indirectly, of shares in or the assets of an electricity licensee. (3) Subsection (1) applies only if the agreement, decision or concerted practice is, or is intended to be, implemented in Singapore. (4) Subject to section 52, an agreement or a decision which is prohibited by subsection (1) is void. (5) Unless the context otherwise requires, a provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying, with any necessary modification, equally to, or in relation to, a decision by any person or a concerted practice. (6) Subsection (1) applies to agreements, decisions and concerted practices implemented before, on or after 1 January 2003.


document_id: ea-2001
provision_ref: s51
chapter: PART 7 - COMPETITION
section: 51
title: Abuse of dominant position
content:
51. —(1) Subject to section 52, any conduct on the part of one or more persons which amounts to the abuse of a dominant position in any wholesale electricity market or the retail electricity market in Singapore is prohibited if it may affect trade within Singapore. (2) Conduct may, in particular, constitute such an abuse if it consists of — ( a ) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions of electricity in Singapore; ( b ) limiting generation of electricity, any wholesale electricity market, the retail electricity market or technical development in the electricity industry in Singapore to the prejudice of consumers; ( c ) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or ( d ) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. (3) In this section, “dominant position” means a dominant position within Singapore.


document_id: ea-2001
provision_ref: s52
chapter: PART 7 - COMPETITION
section: 52
title: Exemption
content:
52. —(1) The Authority may, with the approval of the Minister, on the application of any person or on its own initiative, grant an exemption from section 50(1) or 51(1) to any agreement or conduct. (2) An exemption under subsection (1) — ( a ) may be granted subject to such conditions or obligations as the Authority considers appropriate; ( b ) has effect for such period as the Authority considers appropriate; and ( c ) must be in writing and sent by the Authority to the person to whom the exemption is granted. (3) The Authority must notify any applicant in writing of its decision under subsection (1) not to grant an exemption. (4) An exemption under this section continues in force for such period as is specified in such exemption, unless it is previously revoked in accordance with the terms of such exemption. (5) The Authority may, with the approval of the Minister, on the application of any person or on its own initiative — ( a ) extend the period for which an exemption granted under subsection (1) has effect; ( b ) vary or remove any condition or obligation specified in an exemption; or ( c ) impose additional conditions or obligations in an exemption.


document_id: ea-2001
provision_ref: s53
chapter: PART 7 - COMPETITION
section: 53
title: Request for Authority to examine agreement or to consider conduct, etc.
content:
53. The Authority may, with the approval of the Minister, make regulations — ( a ) to provide for persons who are parties to any agreement or conduct to apply to the Authority for guidance as to whether or not the agreement or conduct is likely to infringe section 50(1) or 51(1); ( b ) to provide for the procedure for an application under paragraph ( a ); ( c ) to prescribe any decision which the Authority may make and the effect of the decision; and ( d ) generally for giving full effect to the objective of this Part. 53A. [ Repealed by Act 37 of 2021 wef 01/09/2025 ]


document_id: ea-2001
provision_ref: s54
chapter: PART 7 - COMPETITION
section: 54
title: Power to investigate
content:
54. The Authority may conduct an investigation if there are reasonable grounds for suspecting that section 50(1) or 51(1) has been infringed.


document_id: ea-2001
provision_ref: s55
chapter: PART 7 - COMPETITION
section: 55
title: Power when conducting investigation
content:
55. —(1) For the purposes of an investigation under section 54, the Authority may, by written notice to any person, require that person to produce to the Authority a specified document, or to provide the Authority with specified information, which the Authority considers relates to any matter relevant to the investigation. (2) A notice under subsection (1) must indicate — ( a ) the subject matter and purpose of the investigation; and ( b ) the nature of the offences created by sections 61, 62 and 63. (3) The Authority may also specify in the notice — ( a ) the time and place at which any document is to be produced or any information is to be provided; and ( b ) the manner and form in which it is to be produced or provided. (4) The power under this section to require a person to produce a document includes the power — ( a ) if the document is produced — (i) to take copies of it or extracts from it; and (ii) to require such person, or any person who is a present or past officer of the firstmentioned person, or is or was at any time employed by the firstmentioned person, to provide an explanation of the document; or ( b ) if the document is not produced, to require such person to state, to the best of the person’s knowledge and belief, where it is. (5) In subsection (1), “specified” means — ( a ) specified, or described, in the notice; or ( b ) falling within a category which is specified, or described, in the notice.


document_id: ea-2001
provision_ref: s56
chapter: PART 7 - COMPETITION
section: 56
title: Power to enter premises under warrant
content:
56. —(1) The Authority may apply to a District Court for a warrant and the Court may issue such a warrant if it is satisfied that — ( a ) there are reasonable grounds for suspecting that there are on any premises documents the production of which has been required under section 55; or ( b ) there are reasonable grounds for suspecting that — (i) there are on any premises documents which the Authority has power under section 55 to require to be produced; and (ii) if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed. (2) A warrant under this section authorises a named officer of the Authority, and any other of its officers whom the Authority has authorised in writing to accompany the named officer — ( a ) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( b ) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind); ( c ) to take possession of any document appearing to be of the relevant kind if — (i) such action appears to be necessary for preserving the document or preventing interference with it; or (ii) it is not reasonably practicable to take copies of the document on the premises; ( d ) to take any other steps which appear to be necessary for the purpose mentioned in paragraph ( c )(i); ( e ) to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of the person’s knowledge and belief, where it may be found; and ( f ) to require any information which is held in a computer and is accessible from the premises and which the named officer considers relates to any matter relevant to the investigation, to be produced in a form — (i) in which it can be taken away; and (ii) in which it is visible and legible. (3) If, in the case of a warrant under subsection (1)( b ), the District Court is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant also authorises the actions mentioned in subsection (2) to be taken in relation to any such document. (4) If there is no one at the premises when the named officer proposes to execute such a warrant, the named officer must, before executing it — ( a ) take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and ( b ) if the occupier is informed, afford the occupier, or the legal or other representative of the occupier, a reasonable opportunity to be present when the warrant is executed. (5) If the named officer is unable to inform the occupier of the intended entry, the named officer must, when executing the warrant, leave a copy of it in a prominent place on the premises. (6) On leaving any premises which the named officer has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as the named officer found them. (7) A warrant under this section continues in force until the end of the period of one month beginning from the day on which it is issued. (8) Any document of which possession is taken under subsection (2)( c ) may be retained for a period of 3 months. (9) In this section — “named officer” means the officer named in the warrant; “occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.


document_id: ea-2001
provision_ref: s57
chapter: PART 7 - COMPETITION
section: 57
title: Privileged communication
content:
57. A person is not required, under any provision of this Part, to produce or disclose a communication — ( a ) between a professional legal adviser and his or her client; or ( b ) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings, which in proceedings in a court would be protected from disclosure on grounds of privilege.


document_id: ea-2001
provision_ref: s58
chapter: PART 7 - COMPETITION
section: 58
title: Decision following investigation
content:
58. Where, following an investigation conducted under section 54, the Authority considers that section 50(1) or 51(1) has been infringed and the Authority proposes to make a direction under section 59, the Authority must — ( a ) give written notice to the person likely to be affected by such direction; and ( b ) give such person an opportunity to make representations to the Authority.


document_id: ea-2001
provision_ref: s59
chapter: PART 7 - COMPETITION
section: 59
title: Enforcement and appeal
content:
59. —(1) Where the Authority has made a decision that section 50(1) or 51(1) has been infringed, the Authority may give directions to such person as the Authority considers appropriate to bring the infringement to an end. (2) A direction referred to in subsection (1) may, in particular, include provisions — ( a ) where the decision is that any agreement infringes section 50(1) — (i) requiring the person to modify or terminate the agreement; and (ii) in the case of an agreement referred to in section 50(2)( f ), requiring the person to dispose of all or any of the relevant shares or assets, otherwise than to an associated person, within a period specified in the direction, being not less than 3 months after service of the direction; ( b ) where the decision is that any conduct infringes section 51(1) — (i) requiring the person to modify the conduct in question; or (ii) requiring the person to cease that conduct; and ( c ) in either case, requiring the person — (i) to pay to the Authority a financial penalty in respect of the infringement of an amount not exceeding $1 million or 10% of the annual turnover of such person’s business in Singapore, ascertained from its latest audited accounts, whichever is the higher; and (ii) to provide a performance bond, guarantee or other form of security on such terms and conditions as the Authority may determine. (3) Where a person fails to comply with a direction referred to in subsection (2)( a )(ii), the shares last registered in the name of that person or the assets (as the case may be) that are the subject of the acquisition and specified by the Authority by written notice served on the person, are forfeited to the Government. (4) Any shares or assets forfeited to the Government under subsection (3) must be sold by the Government as soon as practicable and the proceeds of sale, after deduction of the reasonable costs of the forfeiture and sale, must be paid to the person from whom the shares or assets were forfeited. (5) Any person who is aggrieved by any decision or direction of the Authority under this Part may, within 14 days after receipt of the notice referred to in section 60, appeal to the Appeal Panel under Part 8. (6) An appeal under subsection (5) does not suspend the effect of a decision or direction to which the appeal relates unless the appeal is against the imposition or the amount of a financial penalty. [18/2006] (7) In this section — “associated person” has the meaning given by section 76D(14) of the Companies Act 1967; “relevant shares or assets” means any shares or assets of an electricity licensee held by the person that would need to be disposed of in order to cause the acquisition to cease to have the object or effect of preventing, restricting or distorting competition in any wholesale electricity market or the retail electricity market.


document_id: ea-2001
provision_ref: s60
chapter: PART 7 - COMPETITION
section: 60
title: Notification
content:
60. The Authority must, within 14 days of the Authority making any decision or direction under this Part, notify any person affected by such decision or direction.


document_id: ea-2001
provision_ref: s61
chapter: PART 7 - COMPETITION
section: 61
title: Offences
content:
61. —(1) A person who fails to comply with a requirement imposed on the person under section 55 or 56 shall be guilty of an offence. (2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for the person to prove that — ( a ) the document was not in the person’s possession or under the person’s control; and ( b ) it was not reasonably practicable for the person to comply with the requirement. (3) If a person is charged with an offence under subsection (1) in respect of a requirement — ( a ) to provide information; ( b ) to provide an explanation of a document; or ( c ) to state where a document is to be found, it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement. (4) Failure to comply with a requirement imposed under section 55 is not an offence if the person imposing the requirement has failed to act in accordance with that section. (5) Any person who intentionally obstructs an officer in the exercise of the officer’s powers under a warrant issued under section 56 shall be guilty of an offence.


document_id: ea-2001
provision_ref: s62
chapter: PART 7 - COMPETITION
section: 62
title: Destroying or falsifying documents
content:
62. Any person who, having been required to produce a document under section 55 or 56 — ( a ) intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or ( b ) causes or permits its destruction, disposal, falsification or concealment, shall be guilty of an offence.


document_id: ea-2001
provision_ref: s63
chapter: PART 7 - COMPETITION
section: 63
title: False or misleading information
content:
63. Any person who provides information to the Authority or its authorised officer in connection with any function or duty of the Authority under this Part which is false or misleading in a material particular shall be guilty of an offence.


document_id: ea-2001
provision_ref: s64
chapter: PART 8 - APPEAL PANEL
section: 64
title: Request to establish Appeal Panel
content:
64. —(1) This section applies to — ( a ) an electricity licensee who wishes to appeal against a decision of the Authority to modify any condition of its electricity licence; and ( b ) any person who is aggrieved by a direction or decision of the Authority under Part 7. (2) A person to whom this section applies may, within 14 days — ( a ) of the receipt of a direction under section 12(4) to modify any condition of an electricity licence; or ( b ) of the receipt of a notification by the Authority of a direction or decision under Part 7, notify the Minister that the person wishes to make an appeal, providing adequate details of the grounds for the appeal and requesting the Minister to establish an Appeal Panel to consider and determine the appeal. [42/2018] (3) When requested to establish an Appeal Panel, the Minister must, upon consultation with the Authority, unless the request is in the opinion of the Minister of a frivolous, trivial or vexatious nature, establish an Appeal Panel within 30 days after the request to consider and determine the appeal in question. [42/2018]


document_id: ea-2001
provision_ref: s65
chapter: PART 8 - APPEAL PANEL
section: 65
title: Composition and procedure of Appeal Panel
content:
65. —(1) An Appeal Panel established by the Minister is to consist of at least 3 persons, one of whom must be appointed by the Minister to be the chairperson of the Appeal Panel. [18/2006; 42/2018] (2) The Minister may, in establishing an Appeal Panel, provide for — ( a ) the terms and conditions of the membership of the Appeal Panel as the Minister considers appropriate; ( b ) the procedure to be adopted by the Appeal Panel in considering any matter referred to it; and ( c ) any other matters which the Minister considers incidental or expedient for the proper and efficient conduct of an appeal by the Appeal Panel. [18/2006; 42/2018] (3) The remuneration and allowances (if any) of a member of an Appeal Panel are to be determined by the Minister and — ( a ) subject to paragraph ( b ), form part of the expenses of the Authority; and ( b ) where the Appeal Panel is established for the purposes of section 20A, must be borne equally by the person concerned and E , or in any other proportion between the person concerned and E that the Appeal Panel may specify. [42/2018] [Act 27 of 2024 wef 01/07/2025] (4) An Appeal Panel must be independent in the performance of its functions.


document_id: ea-2001
provision_ref: s66
chapter: PART 8 - APPEAL PANEL
section: 66
title: Powers of Appeal Panel
content:
66. —(1) An Appeal Panel must — ( a ) by notice to the Authority and the appellant; or ( b ) where the Appeal Panel is established for the purposes of section 20A, by notice to the person concerned and E , specify the date on and the place at which the appeal is to be heard. [42/2018] [Act 27 of 2024 wef 01/07/2025] (2) An Appeal Panel has all the powers and duties of the Authority that are necessary to carry out its functions and duties under this Act. (3) An Appeal Panel has the powers, rights and privileges vested in a District Court on the hearing of an action, including — ( a ) the enforcement of the attendance of witnesses and their examination on oath or otherwise; ( b ) the compelling of the production of documents; and ( c ) the award of costs and expenses of and incidental to any proceedings before the Appeal Panel. [18/2006] (4) A summons signed by any member of the Appeal Panel as may be authorised by the Appeal Panel is equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents. (5) Where any person being duly summoned to attend before an Appeal Panel does not so attend, that person shall be guilty of an offence. (6) A witness before an Appeal Panel is entitled to the same immunities and privileges as if he or she were a witness before a District Court. (7) All appeals under this section are to be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable. (8) In the case of a modification of any condition of a licence, the Appeal Panel may either confirm the modification or direct the Authority not to make the modification, and the decision of the Appeal Panel is final. (9) In the case of a direction or decision of the Authority under Part 7, the Appeal Panel may either confirm, vary or reverse the direction or decision of the Authority or direct the Authority to reconsider the direction or decision, and the decision of the Appeal Panel is final. (10) An Appeal Panel established by the Minister to consider and determine an appeal under section 98(3) may determine the appeal by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice or standard of performance issued or approved by the Authority, and the decision of the Appeal Panel is final. [18/2006] (11) The Appeal Panel must notify the appellant of its decision in respect of the appellant’s appeal and the reasons for its decision. (12) Where an Appeal Panel is established for the purposes of section 20A, the Appeal Panel must notify the person concerned and E of its decision in respect of the terms of the agreement required to be determined by it, and the reasons for its decision. [42/2018] [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s67
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 67
title: Licence required for use or operation of electrical or supply installation, etc.
content:
67. —(1) No person may — ( a ) use, work or operate or permit to be used, worked or operated any electrical or supply installation; or ( b ) supply to or for the use of any other person electricity from any electrical or supply installation, except under and in accordance with the terms of an electrical or a supply installation licence granted by the Authority under this section authorising such use, work, operation or supply. (2) An electrical or a supply installation licence may be granted under this section on the payment of such fee (if any) as may be prescribed. (3) An electrical or a supply installation licence must not be transferred without the approval of the Authority. (4) An electrical or a supply installation licence is subject to such conditions as may be prescribed and to such further conditions (if any) as may be imposed and endorsed on the licence by the Authority. (5) An electrical or a supply installation licence may be for such period as the Authority may approve. (6) In every electrical or supply installation licence, there is to be specified as may be appropriate — ( a ) the installation area; ( b ) the declared voltage frequency and the variations permitted thereon; and ( c ) any other matters that the Authority may consider desirable. (7) The Authority may, in its discretion, require that, before the grant of any electrical or supply installation licence, such security as it may specify must be furnished to ensure the due observance of the terms and conditions of the licence and of the provisions of this Act. (8) An electrical or a supply installation licence may be surrendered by the licensee to the Authority for cancellation if the electrical or supply installation is no longer required to be used. (9) Where the licensee wishes to operate the electrical or supply installation after the surrender of the licence, the installation must be treated in all respects as if it were a new electrical or supply installation. (10) Any electrical or supply installation licence issued under the Public Utilities Act (Cap. 261, 1996 Revised Edition) in force immediately before 1 January 2003 continues in force until suspended or revoked and is deemed to have been issued under this Act.


document_id: ea-2001
provision_ref: s68
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 68
title: Notice to electricity licensee to cut off supply
content:
68. —(1) Where any person operates an electrical or a supply installation without an electrical or a supply installation licence — ( a ) the Authority may by written notice direct any electricity licensee to forthwith discontinue the supply of electricity to that electrical or supply installation; and ( b ) the electricity licensee must, upon receipt of the notice, immediately comply with the notice. (2) Where the Authority has directed an electricity licensee to discontinue a supply of electricity under subsection (1), the licensee may discontinue the supply until all expenses incurred by the licensee are fully paid by the person operating the electrical or supply installation.


document_id: ea-2001
provision_ref: s69
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 69
title: Supply lines and other apparatus on State land
content:
69. —(1) Subject to the approval of the Commissioner of Lands and to such conditions as he or she may impose, an electrical or a supply installation licence may authorise the licensee to lay, place or carry on, under or over any State land to the extent and in the manner specified in the licence, such supply lines, and to erect and maintain in or on the State land such posts and other apparatuses as may, in the opinion of the Authority, be necessary or proper for the purposes of the electrical or supply installation. (2) Any authorisation under subsection (1) may be given or added to at any time during the currency of the licence by endorsement thereon. (3) All apparatuses placed in or upon any State land which is not removed therefrom within 6 months, or such longer period as the Commissioner of Lands may permit, after the expiration or earlier determination of the licence under the authority of which the apparatus was so placed, are to vest in and become the property of the Government.


document_id: ea-2001
provision_ref: s70
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 70
title: Existing electrical or supply installation
content:
70. All electrical and supply installations which have been operated or the construction of which has been completed or has begun on or before 1 January 2003 are subject to this Act.


document_id: ea-2001
provision_ref: s71
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 71
title: Exemption of certain electrical or supply installation
content:
71. The Authority may, by notification in the Gazette , exempt from all or any of the provisions of this Part — ( a ) any electrical or supply installation owned and operated by an electricity licensee, the Government or any statutory authority; ( b ) any electrical or supply installation used exclusively for domestic purposes; or ( c ) any other electrical or supply installations that the Authority may consider desirable.


document_id: ea-2001
provision_ref: s72
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 72
title: Control by electrical worker
content:
72. —(1) A person granted an electrical or a supply installation licence must employ or appoint such class or classes of electrical workers as the Authority may direct to operate or to be in charge of or to control any electrical or supply installation and no other person may operate or be in charge of or control the electrical or supply installation. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: ea-2001
provision_ref: s73
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 73
title: Inspection of electrical or supply installation
content:
73. —(1) A person granted an electrical or a supply installation licence must cause all electrical or supply installations owned or operated by the person to be inspected at such intervals as the Authority may consider necessary. (2) An inspection referred to in subsection (1) must be carried out by such class or classes of electrical workers as the Authority may direct. (3) On completion of the inspection, a certificate as to the fitness of the electrical or supply installation for licensing purposes must be issued by the electrical worker who carried out the inspection.


document_id: ea-2001
provision_ref: s74
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 74
title: Restriction of use to specified purpose
content:
74. —(1) A person granted an electrical or a supply installation licence who is, by the conditions of the person’s licence, restricted to using or supplying electricity for specified purposes only, must not use or supply electricity for any purpose other than those specified. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: ea-2001
provision_ref: s75
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 75
title: Procedure in case of defect in electrical or supply installation
content:
75. —(1) Every electrical worker appointed to operate or to be in charge of or to control any electrical or supply installation and every person granted an electrical or a supply installation licence who becomes aware of a defect in any electrical or supply installation must forthwith make good or remove the defect or make a report thereon to the Authority. (2) Where a report is made to the Authority under subsection (1), the Authority may by notice — ( a ) posted on the premises where the electrical or supply installation is installed or working; or ( b ) served on the person granted an electrical or a supply installation licence or the electrical worker who is appointed to operate or to be in charge of or to control the electrical or supply installation (as the case may be), require the defect to be made good or removed within such period as may be specified in the notice, and the electrical or supply installation must not be operated or used after the expiration of that period unless the defect has been made good or removed to the satisfaction of the Authority. (3) If the Authority is of the opinion that the defect is likely to cause immediate danger, the Authority may, by notice posted or served in the manner specified in subsection (2), forthwith suspend the operation and use of the electrical or supply installation until the defect is made good or removed, and the electrical or supply installation must not be operated or used so long as the notice of suspension remains in force. (4) The Authority is not liable for the loss or damage caused to any person — ( a ) by the suspension of the operation and use of any electrical or supply installation under this section; or ( b ) by the suspension or revocation of an electrical or a supply installation licence under section 76. (5) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence.


document_id: ea-2001
provision_ref: s76
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 76
title: Suspension and revocation of electrical or supply installation licence
content:
76. An electrical or a supply installation licence may at any time be suspended or revoked by the Authority — ( a ) on breach of any of the conditions of the licence or for non‑compliance with any of the provisions of this Act; ( b ) in default of payment of any money due; or ( c ) if the licensee ceases to work or operate any electrical or supply installation in respect of which the licence was granted.


document_id: ea-2001
provision_ref: s77
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 77
title: Entry upon premises
content:
77. —(1) Subject to subsection (2), an authorised officer may, in the performance of his or her functions and duties under this Act, enter upon any premises in or upon which any electrical or supply installation may be, at all reasonable hours of the day and at any time when the electrical or supply installation is in operation. (2) The authorised officer seeking to enter any premises under subsection (1) must carry and produce on demand an official identification card or badge in such form as the Authority may direct. (3) No person is obliged to admit into the person’s premises any person purporting to be an authorised officer except upon production of such identification card or badge.


document_id: ea-2001
provision_ref: s78
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 78
title: Authority not liable for operation of electrical or supply installation
content:
78. Despite the grant of an electrical or a supply installation licence, the Authority is not responsible for the operation or maintenance of any electrical or supply installation or for any injury to any person or damage to anything by reason of operating or omitting to operate or maintaining or omitting to maintain any electrical or supply installation.


document_id: ea-2001
provision_ref: s79
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 79
title: Cable detection work to be carried out before earthworks
content:
79. —(1) Subject to subsection (2), no person may commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any low voltage electricity cable which belongs to or which is under the management or control of an electricity licensee unless the person has caused cable detection work to be carried out by a licensed cable detection worker. [42/2018] (2) Nothing in subsection (1) prohibits a person from commencing or carrying out any earthworks where the person has reasonable cause to believe that it is necessary to do so in the interest of public or private safety except that the person must, not more than 7 days after the earthworks have been commenced or carried out, give to the electricity licensee written notice stating the nature and extent of those earthworks. (3) Subsection (1) does not prohibit an electricity licensee from commencing or carrying out earthworks within the vicinity of any low voltage electricity cable that belongs to or that is under the management or control of the electricity licensee. [42/2018] (4) No person other than a licensed cable detection worker or an electricity licensee may commence or carry out any cable detection work within the vicinity of any low voltage electricity cable belonging to or under the management or control of the licensee where such cable detection work is commenced or carried out in connection or combination with or in relation to any earthworks carried out or to be carried out. (5) Any person who contravenes subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ea-2001
provision_ref: s80
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 80
title: Carrying out of earthworks within vicinity of high voltage electricity cable
content:
80. —(1) Subject to this section, no person may commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any high voltage electricity cable which belongs to or which is under the management or control of an electricity licensee unless the person — ( a ) has given to the electricity licensee not less than 7 days’ written notice of the date on which it is proposed to commence the earthworks; ( b ) has obtained from the electricity licensee the necessary information on the location of such high voltage electricity cable and has consulted the electricity licensee on the steps to be taken to prevent the high voltage electricity cable from damage while the earthworks are being carried out; and ( c ) has caused cable detection work to be carried out by a licensed cable detection worker in order to confirm the location of the high voltage electricity cable. [18/2006; 42/2018] (2) No person other than a licensed cable detection worker may commence or carry out any cable detection work within the vicinity of any high voltage electricity cable which belongs to or which is under the management or control of an electricity licensee. (3) The Authority may, if it thinks fit, modify the period for which a notice under subsection (1)( a ) is to be given to an electricity licensee. (4) It is the duty of the person who commences or carries out, or causes or permits the commencement or carrying out of, any earthworks referred to in subsection (1) — ( a ) to comply with all reasonable requirements of the electricity licensee for the prevention of damage to the high voltage electricity cable; ( b ) to ensure that reasonable precautions are taken when carrying out such earthworks to prevent any damage to the high voltage electricity cable; and ( c ) to allow the electricity licensee reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the high voltage electricity cable. [42/2018] (5) It is the duty of the electricity licensee to whom a notice under subsection (1)( a ) has been given — ( a ) to promptly inform the person, who has given the electricity licensee the notice, of the location of the high voltage electricity cable and to provide the person with any other information as may be necessary to enable the person to ascertain the exact location of the high voltage electricity cable; ( b ) to advise the person, who has given the electricity licensee the notice, on the precautions to be taken to prevent damage to the high voltage electricity cable; and ( c ) to take all such measures at the work site as may be reasonable and necessary for the protection of the high voltage electricity cable from damage and, in so doing, the electricity licensee must have regard to the potential risks and dangers that can arise from any damage to the high voltage electricity cable. (6) Nothing in subsection (1) prohibits a person from commencing or carrying out any earthworks where the person has reasonable cause to believe that it is necessary to do so in the interest of public or private safety except that the person must, not more than 7 days after the earthworks have been commenced or carried out, give to the electricity licensee written notice stating the nature and extent of those earthworks. (6A) Subsection (1) does not prohibit an electricity licensee from commencing or carrying out earthworks within the vicinity of any high voltage electricity cable that belongs to or that is under the management or control of the electricity licensee. [42/2018] (7) Any person who contravenes subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (8) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (9) Subject to subsection (10), in any proceedings for an offence under subsection (7), it is a defence for the person charged to prove — ( a ) that the person took all reasonable steps to discharge the person’s duty under subsection (1) or (4), as the case may be; or ( b ) that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (10) If in any proceedings for any offence under subsection (7), the defence involves acting on information supplied by any of the following: ( a ) an electricity licensee to whom any high voltage electricity cable belongs or that manages or controls such cable; ( b ) any person to whom any infrastructure described in subsection (11) belongs or that manages or controls such infrastructure; ( c ) a licensed cable detection worker, then the person charged is not, without permission of the court, entitled to rely on that defence unless, within 14 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information. [Act 27 of 2024 wef 01/07/2025] (11) This section (except subsection (1)( c )) applies to any infrastructure (including cable pipe-blocks and tunnels) housing or intended to house any transmission electricity cable, as it applies to any high voltage electricity cable which belongs to or which is under the management or control of an electricity licensee, and for this purpose, a reference to an electricity licensee in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure. [Act 37 of 2021 wef 29/01/2022] (12) In this section, “transmission electricity cable” means an electricity cable used for the transmission of electricity at 66 kilovolts or higher. [Act 37 of 2021 wef 29/01/2022]


document_id: ea-2001
provision_ref: s81
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 81
title: Powers of Authority in relation to cable detection work
content:
81. —(1) The Authority may — ( a ) grant a cable detection work licence permitting a person to perform such cable detection work as is specified in the licence and suspend, cancel, alter, extend, renew or replace any such licence; ( b ) classify any cable detection work licence in such manner as it may determine; ( c ) specify the nature of the cable detection work in respect of which a cable detection work licence is granted and restrict such work to any type or class of cable detection work; ( d ) specify the circumstances or manner in which licensed cable detection workers may perform or carry out cable detection work; ( e ) impose any terms, conditions or restrictions on any cable detection work licence; ( f ) require any electricity licensee to conduct approved courses of training, including refresher courses, and provide for examinations for cable detection workers; and ( g ) keep a register of licensed cable detection workers. (2) No person other than a licensed cable detection worker is entitled to recover in any court any charge, fee or remuneration for any cable detection work carried out by the person. (3) Any cable detection work licence issued under the Public Utilities Act (Cap. 261, 1996 Revised Edition) in force immediately before 1 January 2003 is, so far as it is not inconsistent with this Act, to continue in force until suspended or revoked and is deemed to have been issued under this Act.


document_id: ea-2001
provision_ref: s82
chapter: PART 9 - ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
section: 82
title: Licensing of electrical worker
content:
82. —(1) An individual must not carry out, or offer or undertake to carry out, any electrical work unless — ( a ) the individual is a licensed electrical worker; or ( b ) the individual acts under the supervision of an individual who is a licensed electrical worker. [42/2018] (2) An individual must not hold himself or herself out (whether by an advertisement or any other means) as authorised under this Act to carry out any electrical work, unless the individual is a licensed electrical worker. [42/2018] (3) A person must not in the course of business (whether or not carried on for profit) provide, or offer or undertake to provide, the carrying out of any electrical work unless the person ensures that the work is carried out by — ( a ) one or more individuals, each being a licensed electrical worker; or ( b ) one or more individuals acting under the supervision of one or more individuals, each of the latter being a licensed electrical worker. [42/2018] (4) A person must not hold out (whether by an advertisement or any other means) that the person is authorised under this Act to provide in the course of business the carrying out of any electrical work, unless the person ensures that the work is carried out by the individuals mentioned in subsection (3)( a ) or ( b ). [42/2018] (5) An owner or occupier of any premises who wishes to have any electrical work carried out at the premises must not knowingly engage (whether with or without consideration) a person that is not permitted under subsection (1) or (3) to carry out any electrical work or to provide the carrying out of any electrical work, as the case may be. [42/2018] (6) The Authority may — ( a ) issue an electrical worker licence permitting a person to carry out such electrical work as is specified in the licence and suspend, cancel, alter, extend, renew or replace any such licence; ( b ) classify any electrical worker licence in such manner as it may determine; ( c ) specify the nature of the electrical work in respect of which an electrical worker licence is issued and restrict such work to any type or class of electrical work or any type or class of electrical installation; ( d ) specify the circumstances or manner in which licensed electrical workers may carry out electrical work; or ( e ) attach any exemption to or impose any term, condition or restriction on any electrical worker licence. (7) Any person who contravenes subsection (1), (2), (3), (4) or (5) shall be guilty of an offence. [42/2018] (8) Despite any provision in this section, but subject to any other written law, it is not unlawful for — ( a ) a person to replace any lamp that is connected in the person’s own electrical installation; ( b ) a person to replace any fuse in the person’s own electrical installation similar to that of a household; ( c ) an officer or employee of the Authority to carry out personally any electrical work in the course of his or her employment or in the discharge of his or her duties as such officer or employee; ( d ) the Authority to do any act or thing on or in connection with its own electrical installation; ( e ) a person, other than an electrical worker, whose trade or occupation normally includes the performance of work on any appliance, plant or machinery driven, or operated by, or incorporating any electrical installation, to carry out that work in the normal course of the person’s trade or occupation or for purposes incidental thereto, so long as the person does not carry out work on any part or circuit which is, or may be, connected to a source of electricity supply; and ( f ) a trained person to carry out any work in accordance with the written instructions of the licensed electrical worker in charge of the relevant electrical installation. (9) In subsection (8)( f ), a “trained person” means any employee who is — ( a ) recognised by his or her employer and the licensed electrical worker in charge of the relevant electrical installation to have the necessary knowledge and experience to avoid danger; and ( b ) capable of carrying out the work specified in the written instructions of the licensed electrical worker. (10) Any electrical worker licence issued under the Electrical Workers and Contractors Licensing Act (Cap. 89, 1985 Revised Edition), in force immediately before 1 December 2002 is, so far as it is not inconsistent with this Act, to continue in force until suspended or revoked and is deemed to have been issued under this Act.


document_id: ea-2001
provision_ref: s83
chapter: PART 10 - OFFENCES
section: 83
title: Offences relating to electrical or supply installations
content:
83. —(1) Any person who supplies electricity to any premises without an electrical or a supply installation licence 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. (2) Any person who wilfully tampers with or adjusts any electrical or supply installation or any part thereof so as to cause or to be likely to cause danger to human life or damage to any property shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years. (3) Any person who, by rash or negligent act or omission committed or omitted in respect of any electrical or supply installation or any part thereof under the person’s control, causes hurt to any person or damage to any property shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (4) Any person who contravenes section 67(1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. (5) Any licensee of a supply installation who without express authority from the Authority supplies electricity or lays down any supply line or constructs any electrical works outside the installation area specified in the licensee’s licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (6) Any such unauthorised line or works may be removed by order of the Authority, and the reasonable cost of such removal may be recovered from the licensee. (7) Any licensee of an electrical or a supply installation who, without lawful excuse, fails to comply with any condition in the licensee’s licence shall be guilty of an offence.


document_id: ea-2001
provision_ref: s84
chapter: PART 10 - OFFENCES
section: 84
title: Restoration of supply without consent
content:
84. Any person who, without the consent of an electricity licensee, restores a supply of electricity to any premises where such supply has been discontinued by the electricity licensee 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 $10,000 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 $250 for every day or part of a day during which the offence continues after conviction.


document_id: ea-2001
provision_ref: s85
chapter: PART 10 - OFFENCES
section: 85
title: Damage to property of electricity licensee
content:
85. —(1) Any person who — ( a ) removes, destroys or damages any electrical plant or electricity cable which is part of a transmission system that belongs to or that is under the management or control of an electricity licensee; ( b ) causes or permits the removal, destruction or damage of such electrical plant or electricity cable; or ( c ) in any way other than by paragraph ( a ) or ( b ), wilfully or recklessly hinders or prevents such electrical plant or electricity cable from being used or operated in the manner in which it is intended to be used or operated, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million or to imprisonment for a term not exceeding 5 years or to both. [42/2018] (2) [ Deleted by Act 42 of 2018 ] (3) [ Deleted by Act 42 of 2018 ] (4) Any person ( A ) may apprehend any other person ( B ) if B within A ’s view commits an offence under this section and must, on such apprehension without unreasonable delay, hand over B to a police officer. (5) In any proceedings for an offence under subsection (1)( a ) or ( b ), it is a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. [42/2018] (6) If in any proceedings for any offence under subsection (1)( a ) or ( b ), the defence involves acting on information supplied by any of the following: ( a ) an electricity licensee to whom any transmission system belongs or that manages or controls any transmission system; ( b ) any person to whom any infrastructure described in subsection (7) belongs or that manages or controls such infrastructure; ( c ) a licensed cable detection worker, then the person charged is not, without permission of the court, entitled to rely on that defence unless, within 14 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information. [Act 27 of 2024 wef 01/07/2025] (7) This section applies to any infrastructure (including cable pipe-blocks and tunnels) housing or intended to house any transmission electricity cable, as it applies to any electrical plant or electricity cable which is part of a transmission system that belongs to or that is under the management or control of an electricity licensee, and for this purpose, a reference to an electricity licensee in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure. [Act 37 of 2021 wef 29/01/2022] [Act 27 of 2024 wef 01/07/2025] (8) In this section, “transmission electricity cable” has the meaning given by section 80(12). [Act 37 of 2021 wef 29/01/2022]


document_id: ea-2001
provision_ref: s85A
chapter: PART 10 - OFFENCES
section: 85A
title: Damage to submarine electricity cables, etc.
content:
85A. Any person who wilfully, recklessly or negligently — ( a ) does any act, or causes or permits any act to be done, which damages or is likely to damage any submarine electric line or electricity cable in the territorial waters of Singapore that belongs to or that is under the management or control of an electricity licensee; or ( b ) omits to do anything required to prevent any damage to any such submarine electric line or electricity cable, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2 million or to imprisonment for a term not exceeding 5 years or to both. [42/2018]


document_id: ea-2001
provision_ref: s86
chapter: PART 10 - OFFENCES
section: 86
title: Falsely pretending to be employee of Authority or electricity licensee
content:
86. Any person who seeks to obtain entry to any premises by falsely pretending to be an employee of the Authority or an electricity licensee shall be guilty of an offence.


document_id: ea-2001
provision_ref: s87
chapter: PART 10 - OFFENCES
section: 87
title: Unauthorised use of electricity
content:
87. —(1) Any person who — ( a ) dishonestly or fraudulently abstracts, uses, consumes or diverts any electricity supplied by an electricity licensee; ( b ) alters or tampers with any part of any meter or meter installation supplied by an electricity licensee for registering the quantity of electricity supplied to any person or premises; ( c ) does any thing that compromises or adversely affects the ability or proper operation of any meter or meter installation supplied by an electricity licensee, in duly registering the quantity of electricity supplied to any person or premises; or ( d ) causes or permits any other person to engage in conduct mentioned in paragraph ( a ), ( b ) or ( c ), shall be guilty of an offence. [42/2018] (2) A person who is guilty of an offence under subsection (1)( a ), ( b ), ( c ) or ( d ) shall be liable on conviction to one or both of the following: ( a ) a fine that is the total of — (i) an amount not exceeding $50,000; and (ii) an amount equal to 3 times the value of electricity — (A) abstracted, used, consumed or diverted in the commission of the offence under subsection (1)( a ), or caused or permitted to be so abstracted, used, consumed or diverted in the commission of the offence under subsection (1)( d ), as the case may be; or (B) supplied as a result of the commission of the offence under subsection (1)( b ), ( c ) or ( d ), as the case may be; ( b ) imprisonment for a term not exceeding 3 years, and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [42/2018] (3) The value of the electricity abstracted, used, consumed, diverted or supplied as mentioned in subsection (2)( a )(ii), may be determined based on the amount of such electricity fairly and reasonably estimated after comparing records (as are appropriate and available) of electricity usage before, during and after the abstraction, use, consumption, diversion or supply. [42/2018] (4) If, in any proceedings before a court for an offence under subsection (1)( b ) or subsection (1)( d ) (in relation to subsection (1)( b )), it is alleged that a person altered or tampered with any part of any meter or meter installation mentioned in subsection (1)( b ), or caused or permitted any other person to engage in such alteration or tampering, and it is proved — ( a ) that, at the time of the alleged conduct — (i) a device or wire was attached to, or was in the vicinity of, the meter or meter installation (or any part of the meter or meter installation) for the purpose of altering the index of the meter or meter installation or preventing the meter or meter installation from duly registering the quantity of electricity supplied; (ii) the covering of the meter or meter installation had a hole which is not a result of ordinary wear and tear; (iii) any seal fastened by an electricity licensee to any part of the meter or meter installation was damaged, removed or changed; (iv) any paint or other chemical compound applied by an electricity licensee to or on any screw, component or mechanism of any part of the meter or meter installation was damaged or removed or altered in its chemical composition; or (v) the position or arrangement of any test link on a meter terminal test block of the meter installation was changed or altered; and ( b ) that the person had, at the time of the alleged conduct, custody or control of the meter or meter installation, then the person is presumed, until the contrary is proved, to have so altered or tampered with the meter or meter installation, or to have so caused or permitted the other person to engage in such alteration or tampering, as the case may be. [42/2018] [Act 27 of 2024 wef 01/07/2025]


document_id: ea-2001
provision_ref: s88
chapter: PART 10 - OFFENCES
section: 88
title: Obstructing licensee in performance of duties
content:
88. Any person who at any time molests, or without cause, hinders or obstructs, any employee, agent or contractor of an electricity licensee in the performance of the duties of the employee, agent or contractor (as the case may be) or anything which the employee, agent or contractor is respectively authorised, empowered or required to do under this Act shall be guilty of an offence.


document_id: ea-2001
provision_ref: s89
chapter: PART 10 - OFFENCES
section: 89
title: Making of false statements
content:
89. —(1) Any person who, when giving information to the Authority or making any application under or for the purposes of any provision of this Act, makes any statement which the person knows to be false in a material particular, or who recklessly makes any statement which is false in a material particular, shall be guilty of an offence. (2) Any person who — ( a ) wilfully or fraudulently procures or attempts to procure for the person or for any other person any licence under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either verbally or in writing; or ( b ) knowingly aids or assists therein, shall be guilty of an offence.


document_id: ea-2001
provision_ref: s90
chapter: PART 10 - OFFENCES
section: 90
title: Jurisdiction of court
content:
90. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.


document_id: ea-2001
provision_ref: s91
chapter: PART 10 - OFFENCES
section: 91
title: Offences by body corporate
content:
91. Where an offence under this Act has been committed by a company, firm, society or other body of persons, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves that — ( a ) the offence was committed without the person’s consent or connivance; and ( b ) the person had exercised all such due diligence to prevent the commission of the offence as the person ought to have exercised, having regard to the nature of the person’s functions in that capacity and to all the circumstances.


document_id: ea-2001
provision_ref: s92
chapter: PART 10 - OFFENCES
section: 92
title: General penalties
content:
92. 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 $250 for every day or part of a day during which the offence continues after conviction.


document_id: ea-2001
provision_ref: s93
chapter: PART 10 - OFFENCES
section: 93
title: Composition of offences
content:
93. —(1) The Authority may, in its discretion, 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 $3,000. (2) The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.


document_id: ea-2001
provision_ref: s94
chapter: PART 11 - MISCELLANEOUS
section: 94
title: Serious accidents to be reported and investigated
content:
94. —(1) When any accident causing or resulting in loss of life or hurt to any person or serious damage to property has occurred in connection with any electrical or supply installation, or any other installation, the owner of the premises concerned and the person granted a licence under Part 9 for the installation must — ( a ) report the accident to the Authority by the quickest means available; and ( b ) subsequently with the least possible delay, report in writing to the Authority the facts of the matter so far as the facts are known. (2) Any authorised officer must as soon as practicable after receipt of the first report — ( a ) visit the place where the accident occurred; ( b ) make a preliminary investigation of the circumstances; ( c ) record in writing his or her findings upon such investigation; ( d ) forward his or her report to the Authority; and ( e ) if there has been any loss of life or there is reason to believe that any person has been seriously injured, send a copy of his or her findings to the Public Prosecutor. (3) In the event of loss of life or grievous hurt to any person due to any accident arising from the use or operation of or caused by any electrical or supply installation or other installation, no alteration or addition may, without the approval of the Authority, be made to any part of the installation which may have contributed towards the cause of the accident or to the site of the accident until investigations have been completed. (4) Nothing in subsection (3) operates to interfere with rescue work or other work necessary for the general safety of life or property. (5) If upon a preliminary investigation under subsection (2)( b ) — ( a ) it appears to the Authority that there is reason to believe that the accident was due to any failure to comply with the provisions of this Act or due to neglect to obey any lawful order given by the Authority; or ( b ) the authorised officer investigating the accident is satisfied that the accident might have been prevented if proper precautions had been taken and observed in the operation or working of the electrical or supply installation or other installation, the Authority must hold an inquiry into the nature and cause of the accident with the assistance, if considered necessary by the Authority, of one or more persons of electrical or other special skill or experience to be nominated by the Authority as assessors. (6) At the conclusion of the inquiry held under subsection (5), a copy of the findings taken at the inquiry together with the opinion of the Authority must be forwarded to the Public Prosecutor. (7) Any person who, without lawful excuse, contravenes subsection (1) or (3) shall be guilty of an offence.


document_id: ea-2001
provision_ref: s94A
chapter: PART 11 - MISCELLANEOUS
section: 94A
title: Effect of winding up
content:
94A. —(1) This section applies where a winding up order has been made or a provisional liquidator has been appointed under the Insolvency, Restructuring and Dissolution Act 2018 in respect of an electricity licensee or an entity wholly-owned by the Authority (each called in this section E ) that is a market participant. (2) Where E has provided the Market Company, a transmission licensee or a market support services licensee any payment security or other security deposit in respect of services provided to E by the Market Company or licensee (as the case may be), the Market Company or licensee may, despite section 133 of the Insolvency, Restructuring and Dissolution Act 2018, draw down on the payment security or other security deposit for any services provided by it to E and that are not paid. (3) Subsection (2) does not affect the applicability or otherwise of any other provision of the Insolvency, Restructuring and Dissolution Act 2018 (including section 219 of that Act), or any other written law or rule of law relating to insolvency. [Act 37 of 2021 wef 29/01/2022]


document_id: ea-2001
provision_ref: s95
chapter: PART 11 - MISCELLANEOUS
section: 95
title: Power to administer oaths, etc.
content:
95. For the purpose of holding any inquiry under this Act, any authorised officer has power to administer oaths and affirmations and is vested with the powers of a Magistrate for compelling the attendance of witnesses, maintaining order and otherwise conducting the inquiry, and any person summoned to attend any such inquiry is legally bound so to attend.


document_id: ea-2001
provision_ref: s96
chapter: PART 11 - MISCELLANEOUS
section: 96
title: Powers of arrest
content:
96. —(1) Any police officer or any person authorised in writing by the Chief Executive of the Authority generally or in any particular case may arrest any person committing within his or her view or who he or she has reason to believe has committed any offence punishable under this Act if — ( a ) the name and address of the person are unknown to him or her; ( b ) the person declines to give the person’s name and address; or ( c ) there is reason to doubt the accuracy of the name and address given. (2) A person arrested under this section may be detained until the person’s name and address are correctly ascertained. (3) A person arrested under this section must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her continued detention is obtained.


document_id: ea-2001
provision_ref: s97
chapter: PART 11 - MISCELLANEOUS
section: 97
title: General exemption
content:
97. The Authority may, with the approval of the Minister, either permanently or for such period as it thinks fit, exempt any person or persons or any class of persons or premises from all or any provision of this Act other than Parts 3 and 6.


document_id: ea-2001
provision_ref: s98
chapter: PART 11 - MISCELLANEOUS
section: 98
title: Appeal to Minister
content:
98. —(1) A person aggrieved by — ( a ) any decision of the Authority in the exercise of any discretion vested in it by or under this Act, except for section 20A(2A), 26(1) or 31(2), (12) or (15); [Act 27 of 2024 wef 01/07/2025] ( b ) anything contained in any code of practice or standard of performance issued or approved by the Authority under section 16; ( c ) any direction issued by the Authority under this Act; or ( d ) any notice issued by the Authority under section 5(2)( b ), may, except where provision has been made under this Act for an appeal to be made to an Appeal Panel, appeal to the Minister. [18/2006; 42/2018] (2) Unless — ( a ) otherwise provided in this Act or allowed by the Minister; or ( b ) the appeal is against the imposition or the amount of a financial penalty, an appeal under subsection (1) does not suspend the effect of the decision, direction, code of practice or standard of performance to which the appeal relates. [18/2006; 42/2018] (3) Where the Minister considers that an appeal made to the Minister involves issues of such nature or complexity that it ought to be considered and determined by persons with particular technical or other specialised knowledge, the Minister may, subject to section 65(1), establish by direction an Appeal Panel comprising one or more of such persons to consider and determine the appeal. [18/2006; 42/2018] (4) Any person who makes an appeal to the Minister must provide such information and documents as the Minister requires (whether for the purpose of deciding if an Appeal Panel should be established or for determining the appeal) and in such manner and within such period as may be specified by the Minister. [42/2018] (5) The Minister may determine an appeal under this section — ( a ) by confirming, varying or reversing any decision or direction of the Authority; ( b ) (if applicable) by amending any code of practice or standard of performance issued or approved by the Authority to which the appeal relates; or ( c ) by directing the Authority to reconsider its decision or direction, and the Minister’s decision is final. [42/2018] (6) Subsection (5) applies whether the appeal is lodged with or made to the Minister before, on or after 3 May 2019. [42/2018] (7) The Minister may make regulations prescribing — ( a ) the time and manner in which an appeal must be made under this section; and ( b ) the procedure to be adopted in determining any appeal under this section. [42/2018]


document_id: ea-2001
provision_ref: s99
chapter: PART 11 - MISCELLANEOUS
section: 99
title: Service of documents
content:
99. —(1) Any notice, order or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act may be served on the person — ( a ) by delivering it to the person or to some adult member or employee of his or her family at his or her last known place of residence; ( b ) by leaving it at the person’s usual or last known place of residence or business in an envelope addressed to the person; ( c ) by affixing it to some conspicuous part of the person’s last known place of residence; ( d ) by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business; or ( e ) where the person to be served is a body corporate — (i) by delivering it to the secretary or other like officer of the body corporate at its registered or principal office; or (ii) by sending it by registered post addressed to the body corporate at its registered or principal office. (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons would, in the ordinary course of post, be delivered and in proving service of the notice, order, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.


document_id: ea-2001
provision_ref: s100
chapter: PART 11 - MISCELLANEOUS
section: 100
title: Recovery of fees and penalties
content:
100. Any fee or financial penalty to be paid to the Authority under this Act may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.


document_id: ea-2001
provision_ref: s100A
chapter: PART 11 - MISCELLANEOUS
section: 100A
title: Payment into Consolidated Fund
content:
100A. All composition sums collected by the Authority under section 93 and all financial penalties collected by the Authority under this Act, must be paid into the Consolidated Fund. [42/2018]


document_id: ea-2001
provision_ref: s101
chapter: PART 11 - MISCELLANEOUS
section: 101
title: Keeping of register
content:
101. —(1) The Authority must, at such location and in such form as it may determine, maintain a register for the purposes of this Act. (2) Subject to any direction under subsection (3), the Authority must cause to be entered in the register — ( a ) the provisions of every licence or exemption granted to any person under Part 3 and the details of every licence or exemption revoked; ( b ) the details of any modification to the conditions of an electricity licence; and ( c ) any other matters as the Authority thinks fit. (3) If it appears to the Minister that the entry of any provision or detail in the register would be against the public interest, he or she may direct the Authority not to make the entry in the register. (4) The register must be available for inspection by the public during such hours and subject to the payment of such fee as may be specified by the Authority.


document_id: ea-2001
provision_ref: s102
chapter: PART 11 - MISCELLANEOUS
section: 102
title: Effect of direction
content:
102. —(1) The obligation to comply with any direction made by the Authority is a duty owed to any person who may be affected by a contravention of it. (2) Where a duty is owed by virtue of subsection (1) to any person, any breach of the duty which causes that person to sustain loss or damage is actionable at the suit or instance of that person. (3) In any proceedings brought against any person under subsection (2), it is a defence for the person to prove that the person took all reasonable steps and exercised all due diligence to avoid contravening the relevant direction. (4) Without prejudice to any right which any person may have under subsection (2) to bring civil proceedings in respect of any contravention of any relevant direction, compliance with any such direction is enforceable by civil proceedings by the Authority for an injunction or for any other appropriate relief.


document_id: ea-2001
provision_ref: s103
chapter: PART 11 - MISCELLANEOUS
section: 103
title: Regulations
content:
103. —(1) The Authority may, with the approval of the Minister, make regulations for or in respect of every purpose which is considered by the Authority necessary or convenient to be prescribed for carrying out the provisions of this Act. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or in respect of all or any of the following matters: ( a ) the prescribing of purposes for which the supply of electricity may be used; ( b ) the prevention and suppression of pollution, contamination, waste, misuse or use of electricity; ( c ) the prevention of misuse of, or damage to, apparatus and works belonging to a licensee in connection with the generation, transmission or supply of electricity; ( d ) the regulation and use of electricity meters and the prohibition of interference with, or damage to such meters or seals affixed thereto; ( e ) the prohibition of interference with, or damage to, electric appliances supplied by a licensee and plates or marks thereon; ( f ) the regulation of the installation of electrical installations and alterations thereto and the submission of plans and specifications in respect thereof; ( g ) the prescribing of materials of which conduits, pipes, cables and other apparatus and fittings for use in connection with the supply of electricity must be made, and of the size, shape, fitting, arrangement, connection, workmanship, examination, testing, position and method of cleaning them; ( h ) the prescribing of the types of electric appliances to be used and the prohibition of the use of certain types thereof; ( i ) the regulation of the installation of electric appliances and the removal or transfer thereof; ( j ) the prescribing of the methods of charging consumers for electricity in the event of any meter becoming out of order; ( k ) the prescribing of terms and conditions applicable to a contract between the market support services licensee and consumer; ( ka ) the prescribing of terms and conditions applicable to a contract for gas between a prescribed generation entity (as defined in section 41G) and the holder of a gas importer’s licence (central import) under the Gas Act 2001, including any term or condition providing for a minimum amount of gas that must be obtained by the prescribed generation entity (including different minimum amounts for different periods of time); [Act 27 of 2024 wef 01/09/2025] ( l ) in relation to cable detection work licences — (i) the class or classes of the licences, the form and duration of such licences, the terms and conditions upon and the circumstances in which such licences may be granted, held, suspended, cancelled, altered, extended, renewed or replaced and the fees payable in respect thereof; (ii) the qualifications and other requirements to be satisfied by applicants for such licences, the examination or testing of such applicants, the fees payable in respect of such examination or testing and the circumstances in and conditions on which such applicants may be exempted from such examination or testing; and (iii) the duties and responsibilities of licensed cable detection workers; ( m ) in relation to electrical or supply installations — (i) the intervals, times and manner at or in which any electrical or supply installation must be inspected, the notice (if any) to be given in relation to inspections and the preparations to be made by the licensees of such installations and the management for such inspections; (ii) the control of standards for electrical machinery, electric lines, wiring, fittings, accessories, appliances, consuming devices, control and protective gears associated with the generation, transmission, distribution and application of energy and the manner in which such machines, lines, wiring, fittings and apparatus must be erected, fixed, protected, inspected, tested and maintained; (iii) the approval and control of electrical apparatuses, appliances, equipment and materials with the object of securing their safety in service and the prohibition of the use, sale or hire of all electrical apparatuses, appliances, equipment and materials which are in the opinion of the Authority unsafe; (iv) the fees to be paid for electrical or supply installation licences and any other fees which are required to be prescribed; (v) the forms and contents of, and the conditions to be prescribed in electrical or supply installation licences and the conditions for suspension, extension and revocation of such licences and the manner in which applications for such licences must be made; (vi) the manner of holding inquiries under section 94(5); and (vii) the means to be adopted, whether by prohibition or otherwise, to prevent or abate any nuisance or pollution likely to arise or arising from the working of any electrical or supply installation or apparatus; ( n ) in relation to electrical worker licences — (i) the class or classes of the licences, the form and duration of such licences, the terms and conditions upon and the circumstances in which such licences may be granted, held, suspended, cancelled, altered, extended, renewed or replaced and the fees payable in respect thereof; (ii) the qualifications and other requirements to be satisfied by applicants for such licences, the examination or testing of such applicants, the fees payable in respect of such examination or testing and the circumstances in and conditions on which such applicants may be exempted from such examination or testing; and (iii) the register to be kept of all electrical worker licences issued under this Act, the particulars to be entered in the register and the publication of the names of licensees; ( o ) the protection of the public from dangers arising from the generation, transmission or supply of electricity, from the use of electricity supplied from the installation, maintenance or use of any electric line or electrical plant; and the elimination or reduction of risks of personal injury, or damage to property or interference with its use arising therefrom; ( p ) the prohibition of the supply or transmission of electricity except by means of a system approved by the Authority; ( q ) the prescribing of the form of notice to be given to the Authority of accidents and of failures of the supply or transmission of electricity; ( r ) the prescribing of fees and charges and their method of payment for the purposes of this Act; ( ra ) anything required to be prescribed or in relation to which regulations may be made under this Act; [Act 27 of 2024 wef 01/07/2025] ( s ) the prescribing of any service provided in connection with the performance of any function or duty of the Authority, for which the Authority may charge a price by way of agreement with the person to whom the service is provided (instead of prescribing the price). [42/2018] (3) The Authority may in making any regulations provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. (4) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ea-2001
provision_ref: s103A
chapter: PART 11 - MISCELLANEOUS
section: 103A
title: Incorporation by reference
content:
103A. —(1) The regulations made under this Act may apply, adopt or incorporate by reference — ( a ) wholly or partially; ( b ) with or without any addition, omission or substitution; or ( c ) specifically or by reference, any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under this Act (called in this section the material), as in force or published at a particular time or as in force or published from time to time. (2) The material mentioned in subsection (1) may be material issued by the Authority, or material issued by any standards setting organisation, or other organisation or person. (3) Any material applied, adopted or incorporated by reference in the regulations under subsection (1) is to be treated for all purposes as forming part of the regulations. (4) Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person that issued the material is to be treated as being a part of those regulations. (5) Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Authority must give notice in the Gazette stating — ( a ) that the material is applied, adopted or incorporated in the regulations, and the date from which the material is so applied, adopted or incorporated; ( b ) that the material is available for inspection, free of charge, and the place at which such material may be inspected; ( c ) that copies of the material can be purchased, and the place where the material can be purchased; and ( d ) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. (6) In addition, the Authority must cause a copy of every material applied, adopted or incorporated by reference in the regulations under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours. (7) To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference in the regulations under subsection (1) has no legislative effect. [Act 37 of 2021 wef 01/09/2025]


document_id: ea-2001
provision_ref: s103B
chapter: PART 11 - MISCELLANEOUS
section: 103B
title: Advisory guidelines
content:
103B. —(1) The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act. (2) The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1). (3) The advisory guidelines may — ( a ) be of general or specific application; or ( b ) specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons. (4) The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1). (5) Advisory guidelines issued or amended under this section do not have any legislative effect. (6) Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then — ( a ) compliance with such guidelines; or ( b ) a contravention of or failure to comply with, whether by act or omission, such guidelines, may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings. [Act 37 of 2021 wef 01/09/2025]


document_id: ea-2001
provision_ref: s104
chapter: PART 11 - MISCELLANEOUS
section: 104
title: Repeal
content:
104. —(1) All acts done by the Public Utilities Board under the repealed Electrical Workers and Contractors Licensing Act (Cap. 89, 1985 Revised Edition) before 1 December 2002 continue to remain valid and applicable as though done by the Authority under this Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Authority. (2) Any subsidiary legislation made under the repealed Electrical Workers and Contractors Licensing Act (Cap. 89, 1985 Revised Edition) and in force immediately before 1 December 2002, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act.


document_id: ea-2001
provision_ref: s105
chapter: PART 11 - MISCELLANEOUS
section: 105
title: Reference in any written law
content:
105. —(1) In any written law, a reference to “public electricity licensee” is to be construed as a reference to an “electricity licensee” under this Act. (2) The repealed Electrical Workers and Contractors Licensing Act (Cap. 89, 1985 Revised Edition) and any subsidiary legislation made thereunder is to be administered by the Energy Market Authority of Singapore, and any references to the Board in that Act and its subsidiary legislation are to be read as references to that Authority.


document_id: eaa-1958
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Commissioner” means the Commissioner for Employment Agencies appointed under section 3(1); “employment agency” means any agency or registry carried on or represented as being or intended to be carried on (whether for the purpose of gain or reward or not) for or in connection with the employment of persons in any capacity, but does not include any registry set up by an employer for the sole purpose of recruiting persons for employment on the employer’s own behalf; “employment agency personnel” means any person who performs any work for an employment agency (including work which is not specified employment agency work) for or in connection with the employment of persons in any capacity, and includes — ( a ) any key appointment holder of the employment agency; and ( b ) any person who is engaged, whether on a permanent, temporary or contractual basis, by the employment agency to perform such work; “key appointment holder”, in relation to an employment agency, means — ( a ) any director, chief executive officer, chief financial officer, chief operating officer, partner or sole proprietor of the employment agency; or ( b ) any person, by whatever name called, who has general control and management of the administration of any specified employment agency work of the employment agency; “licence” means a licence granted under this Act; “licensee” means the person to whom a licence is granted under this Act; “partner” includes a partner of a limited liability partnership, a general partner of a limited partnership and a limited partner of a limited partnership; “premises” includes — ( a ) any building or structure, whether permanent or temporary; ( b ) any land, whether or not built on; ( c ) any place, whether or not enclosed, and whether or not situated underground or underwater; ( d ) any vessel, aircraft, train or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and ( e ) any part of any premises referred to in paragraphs ( a ) to ( d ); “public officer” means a person holding a paid office in the service of the Government; “specified employment agency work” means any of the following work: ( a ) communication with any applicant for employment for the purpose of processing any application by the applicant for employment; ( b ) collation of the biodata or resume of any applicant for employment for the purpose of helping the applicant establish an employer‑employee relationship; ( c ) submission of any application on behalf of any employer or applicant for employment to the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act 1990, which application is required under that Act; ( d ) facilitation of the placement of any applicant for employment with an employer.


document_id: eaa-1958
provision_ref: s3
section: 3
title: Appointment of officers
content:
3. —(1) The Minister may appoint a Commissioner for Employment Agencies who has the functions and powers conferred on the Commissioner by this Act. (2) The Minister may appoint such number of Deputy Commissioners for Employment Agencies and Assistant Commissioners for Employment Agencies as the Minister may think necessary to assist the Commissioner in the proper discharge of the Commissioner’s functions. (3) The Deputy Commissioners for Employment Agencies and Assistant Commissioners for Employment Agencies have and may exercise and perform all the powers, duties and functions of the Commissioner conferred by this Act, subject to any limitations that the Commissioner may think fit to impose. (4) The Minister may appoint such number of employment agency inspectors and employment agency licensing officers as the Minister may think fit for carrying out the purposes of this Act. (5) The Commissioner, Deputy Commissioners for Employment Agencies and Assistant Commissioners for Employment Agencies have and may exercise and perform all the powers, duties and functions of an employment agency inspector or an employment agency licensing officer conferred by this Act.


document_id: eaa-1958
provision_ref: s4
section: 4
title: Application
content:
4. —(1) Nothing in this Act applies to any employment agency wholly maintained or wholly managed by any department of the Government. (2) The Minister may, by order, exempt any person or employment agency, or any class thereof, when performing any type of work or activity as may be stated in the order, from all or any of the provisions of this Act, either absolutely or subject to any conditions that the Minister may think fit to impose. (3) The Minister may, at any time, revoke any exemption order made under subsection (2), or cancel, alter or add to any condition in the exemption order. (4) Without limiting the conditions that may be imposed under subsection (2), the Minister may, when exempting any person or employment agency, or any class thereof, from the requirement for a licence, impose a condition requiring the person or employment agency, or any class thereof, to obtain the approval of the Commissioner to be registered, in such form and manner as the Commissioner may determine, as an exempt person or exempt employment agency, as the case may be.


document_id: eaa-1958
provision_ref: s5
section: 5
title: Other laws not affected
content:
5. Nothing in this Act operates to relieve any employment agency of any duty or liability imposed upon it by any other written law for the time being in force or to limit any powers given to any public officer by any other written law.


document_id: eaa-1958
provision_ref: s6
section: 6
title: Requirement for licence
content:
6. —(1) A person must not carry on an employment agency unless the person is the holder of a licence from the Commissioner authorising the person to carry on an employment agency. (2) Subject to subsection (3), a person must not perform any work or activity in Singapore — ( a ) for or in connection with the employment of one or more persons in any capacity, whether or not those persons are to be employed within or outside Singapore; and ( b ) on the firstmentioned person’s own behalf or on behalf of an employment agency which is carried on outside Singapore, unless the firstmentioned person is the holder of a licence from the Commissioner authorising that person to perform such work or activity. (3) Subsection (2) does not apply in relation to — ( a ) any person who is the holder of a licence mentioned in subsection (1); ( b ) any person who performs such work or activity mentioned in subsection (2) in that person’s capacity as an employment agency personnel and who is registered under section 12; or ( c ) any person who performs such work or activity mentioned in subsection (2) for the sole purpose of recruiting persons for employment on that person’s own behalf. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both.


document_id: eaa-1958
provision_ref: s7
section: 7
title: Application for licence
content:
7. —(1) Any person who desires to obtain or to renew a licence must make an application to the Commissioner in such form as the Commissioner may require, which must be accompanied by the prescribed application fee. (2) Upon receiving an application under subsection (1), the Commissioner must consider the application and may grant or renew a licence with or without conditions or refuse to grant or renew a licence, as the case may be. (3) If the Commissioner decides to grant or renew a licence under subsection (2), he or she may do so upon the payment of the prescribed fee. (4) The Commissioner may at any time vary or revoke any of the existing conditions of a licence or impose new conditions. (5) The Commissioner may debar any person from applying for or being granted a licence for such period of time as may be determined by the Commissioner.


document_id: eaa-1958
provision_ref: s8
section: 8
title: Security
content:
8. —(1) The Commissioner may, before granting a licence, require the applicant to give such security as may be prescribed. (2) Any sum deposited under this section may be forfeited in whole or in part at the discretion of the Commissioner on the revocation of the licence under section 10, or if the Commissioner is satisfied that the licensee has failed to comply with any condition as may be specified by the Commissioner in respect of any security given under subsection (1).


document_id: eaa-1958
provision_ref: s9
section: 9
title: Period of validity of licence
content:
9. —(1) A licence continues to be in force for the period specified in the licence unless it is earlier suspended or revoked by the Commissioner, as the case may be. (2) The holder of a licence who carries on an employment agency, or performs any work or activity mentioned in section 6(2), for which the licence is granted, after the validity period specified in the licence shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both. (3) Despite subsection (2), where the Commissioner has received an application for the renewal of a licence within the prescribed period after the expiry of the licence, he or she may renew the licence upon the payment of the prescribed late renewal fee. (4) Where the Commissioner has renewed a licence under subsection (3), the renewal takes effect from the date immediately after the date on which the licence would have expired had it not been renewed. [10


document_id: eaa-1958
provision_ref: s10
section: 10
title: Suspension or revocation of licence
content:
10. —(1) The Commissioner may suspend or revoke a licence if he or she is satisfied that the licensee — ( a ) is contravening or has contravened any of the provisions of this Act; ( b ) has failed to comply with any of the conditions of the licence; ( c ) has carried on or is carrying on an employment agency, or has performed or is performing any work or activity mentioned in section 6(2), in a manner likely to be detrimental to the interests of the clients of the licensee; ( d ) has ceased to carry on an employment agency or ceased to perform any work or activity mentioned in section 6(2) for which the licensee has been licensed or, if the licensee is a company, goes into liquidation or is wound up or otherwise dissolved; ( e ) has not carried on an employment agency or performed any work or activity mentioned in section 6(2), for which the licence is granted, for a continuous period of 6 months; ( f ) has acted in a manner detrimental to public interest; ( g ) has committed a criminal offence; or ( h ) is no longer a fit and proper person to continue to hold the licence. (2) The Commissioner may revoke a licence upon the application for revocation of the licence by the licensee. (3) When the Commissioner has suspended or revoked a licence under subsection (1), he or she must forthwith inform the licensee concerned by written notice of the suspension or revocation. (4) An order of suspension or revocation does not take effect until the expiration of 14 days after the order has been served on the licensee. (5) If within the period stated in subsection (4) the licensee gives due notice of appeal to the Minister, the order of suspension or revocation does not take effect unless the order is confirmed by the Minister or the appeal is withdrawn. (6) The Commissioner may at any time reinstate a licence which has been suspended. [11


document_id: eaa-1958
provision_ref: s11
section: 11
title: Effect of suspension or revocation of licence
content:
11. —(1) Where an order of suspension becomes effective under section 10, the licensee concerned may continue to carry on the employment agency or perform any work or activity mentioned in section 6(2) (as the case may be), except that the licensee must not enter into new recruitment or placement agreements. (2) Where an order of revocation becomes effective under section 10, the licensee concerned must immediately cease to carry on the employment agency or perform all work or activity mentioned in section 6(2), as the case may be. (3) Subject to any directions which the Commissioner may give under subsection (4), subsections (1) and (2) do not prejudice the enforcement by any person of any right or claim against the licensee concerned or by the licensee concerned of any right or claim against any person arising out of or concerning any matter or thing done prior to the suspension or revocation of the licence. (4) Where an order of suspension or revocation is served on a licensee or where such order becomes effective under section 10, despite any rule of law or agreement to the contrary or any other provision in this section, the licensee concerned must comply with any directions that the Commissioner thinks fit to give which directions may include, but are not limited to, all or any of the following: ( a ) to inform, in writing, every applicant for employment and every applicant for workers who uses any service of the licensee of the fact that the licensee has been given the order; ( b ) not to collect any deposit or fee from any applicant mentioned in paragraph ( a ) or any class thereof; ( c ) to refund any applicant mentioned in paragraph ( a ) or any class thereof, within the time specified in the direction, the whole or such part of any deposit or fee received from the applicant as the Commissioner deems equitable; ( d ) to make arrangements so that any applicant mentioned in paragraph ( a ) or any class thereof will continue to receive the services to be provided by the licensee from another licensee and to notify the applicant or class of applicants (as the case may be) accordingly; ( e ) not to make any application to the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act 1990; ( f ) to return the passports or other documents of identity in the possession of the licensee to the persons to whom they belong. (5) Any person who, without reasonable excuse, contravenes subsection (1) or (2), or any direction given by the Commissioner under subsection (4), shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both. [12


document_id: eaa-1958
provision_ref: s12
section: 12
title: Registration of employment agency personnel
content:
12. —(1) Any licensee must, before permitting or authorising any employment agency personnel to perform any specified employment agency work, apply to the Commissioner for the employment agency personnel to be registered as such. (2) Any application under subsection (1) must be in such form as the Commissioner may require, and be accompanied by the prescribed registration fee. (3) Upon receiving an application under subsection (1), the Commissioner must consider the application and may grant the application or refuse to grant the application. (4) The Commissioner may, before or after granting the application, require the employment agency personnel to be certified as having attended or successfully completed, to the satisfaction of the Commissioner, such courses as the Commissioner may determine. (5) The Commissioner may, in any particular case if he or she thinks fit, grant the application even though the employment agency personnel has not satisfied the requirements of the Commissioner under subsection (4). (6) 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. (7) Any person who performs any specified employment agency work when that person knows or ought reasonably to have known that he or she is not registered in accordance with 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. (8) Where any employment agency personnel of a licensee — ( a ) has ceased to be engaged by the licensee; or ( b ) has ceased to perform all specified employment agency work upon the request of the employment agency personnel or the instruction of the licensee, even though the employment agency personnel concerned is still engaged by the licensee, the licensee concerned must, within such time as may be prescribed, apply to the Commissioner, using such form as the Commissioner may require, to deregister the employment agency personnel. (9) Upon receiving an application under subsection (8) — ( a ) in a case where the application is accompanied by the written consent of the employment agency personnel referred to in that subsection stating that the employment agency personnel wishes to be deregistered, the Commissioner must grant the application for deregistration; or ( b ) in any other case, the Commissioner may grant or refuse to grant the application for deregistration. (10) The Commissioner may, in any particular case if he or she thinks fit, deregister any employment agency personnel. (11) Any licensee who contravenes subsection (8) 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. (12) A licensee remains liable for any act, omission, neglect or default of a person in relation to any specified employment agency work performed by that person who — ( a ) has ceased to be engaged by the licensee to perform such work; and ( b ) continues to be registered as an employment agency personnel of the licensee, unless the licensee has applied to deregister the person in accordance with subsection (8). [12A


document_id: eaa-1958
provision_ref: s13
section: 13
title: Registration cards
content:
13. —(1) Upon the registration of an employment agency personnel under section 12, the licensee concerned must issue a registration card to the employment agency personnel in such form as may be prescribed. (2) Any person who — ( a ) forges or unlawfully alters a registration card; ( b ) uses or has in that person’s possession any forged or unlawfully altered registration card; ( c ) uses a registration card which is not issued to that person; or ( d ) without reasonable excuse, gives or sells any registration card, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both. (3) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1,000; and ( b ) in respect of a second or subsequent offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [12B


document_id: eaa-1958
provision_ref: s14
section: 14
title: Appeals
content:
14. —(1) Any person who is aggrieved by a decision of the Commissioner to — ( a ) refuse to grant or renew a licence under section 7(2); ( b ) debar that person from applying or being granted a licence under section 7(5); ( c ) suspend or revoke a licence under section 10(1); ( d ) refuse to register an employment agency personnel under section 12(3); or ( e ) deregister an employment agency personnel under section 12(10), may, within 14 days of the date of receipt of the notice of the decision, appeal in writing to the Minister whose decision is final. (2) The Minister may, by writing under the hand of the Minister, delegate all or any of his or her powers under this section (except this power of delegation) to any public officer. (3) A delegation under subsection (2) is revocable at will and no delegation prevents the exercise of any power under this section by the Minister. (4) A power so delegated, when exercised by the delegate, is, for the purposes of this section, deemed to have been exercised by the Minister. [13


document_id: eaa-1958
provision_ref: s15
section: 15
title: Fees for services rendered
content:
15. —(1) It is lawful for a licensee to charge and receive such fees as may be prescribed. (2) A licensee must not charge or receive any form of fees, remuneration, profit or compensation otherwise than as provided in this Act. [14


document_id: eaa-1958
provision_ref: s16
section: 16
title: Offer of fees, etc., prohibited
content:
16. —(1) A licensee or employment agency personnel must not give or offer to give (whether directly or indirectly) to an employer or a prospective employer, any sum or other benefit — ( a ) as consideration or as inducement for employing a person as the employee of the employer or prospective employer; ( b ) as consideration or as inducement for continuing to employ a person as the employee of the employer or prospective employer; or ( c ) as a financial guarantee related, whether directly or indirectly, to the employment of a person as the employee of the employer or prospective employer. (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. [15


document_id: eaa-1958
provision_ref: s17
section: 17
title: Powers of employment agency inspector
content:
17. —(1) An employment agency inspector has, for the purposes of this Act, power to do all or any of the following: ( a ) to enter and search, by day or by night, any premises or part thereof when he or she has reasonable cause to believe that evidence of the commission of an offence under this Act can be found therein; ( b ) to require any person, whom the employment agency inspector has reason to believe has any document or information relevant to any investigation carried out by him or her under this Act, to produce that document or give that information; ( c ) to retain any document relevant to any investigation carried out by him or her under this Act; ( d ) to examine orally any person supposed to be acquainted with the facts and circumstances relevant to any investigation carried out by him or her under this Act, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which that person is acquainted; and the statement made by that person must be read over to him or her and must, after correction, be signed by him or her; ( e ) to require by written order the attendance before him or her of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances relevant to any investigation carried out by him or her under this Act, and that person must so attend as required and if that person fails to attend as so required, to report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order; ( f ) to take any photographs, or audio or video recording, that he or she thinks necessary of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to any investigation carried out by him or her under this Act; ( g ) to require any person to produce any article which is relevant to any investigation carried out by him or her under this Act and, if necessary, to take into custody that article. (2) An employment agency inspector may require the occupier of any premises and the occupier’s agents and any person found in the premises to provide such means required by the employment agency inspector as necessary for any entry, search, examination or investigation, the taking of photographs or audio or video recordings, the taking of articles into custody or otherwise in the exercise of his or her powers under this Act. (3) If any person — ( a ) intentionally offers any resistance to or wilfully delays an employment agency inspector in the exercise of any power under this section; ( b ) fails to comply with the requisition of an employment agency inspector under this section; ( c ) fails to produce any document which that person is required by or under this section to produce; or ( d ) conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an employment agency inspector, that person is deemed, for the purposes of section 33(4), to obstruct an employment agency inspector in the exercise of his or her powers. (4) Every employment agency inspector has authority to appear in court and may, with the authorisation of the Public Prosecutor, conduct any prosecution in respect of any offence under this Act. [18


document_id: eaa-1958
provision_ref: s18
section: 18
title: Power to arrest without warrant
content:
18. —(1) Any police officer or employment agency inspector may arrest without warrant any person whom he or she reasonably believes to be carrying on an employment agency or performing any work or activity mentioned in section 6(2) without a licence. (2) An employment agency inspector making an arrest without warrant must, without unnecessary delay and subject to subsection (3), take or send the person arrested before a Magistrate’s Court. (3) An employment agency inspector must not detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and such period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. (4) Any person who has been arrested by an employment agency inspector may be released on bail, or on that person’s own bond. [19


document_id: eaa-1958
provision_ref: s19
section: 19
title: Arrest how made
content:
19. —(1) In making an arrest, an employment agency inspector making the arrest must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action. (2) If the person forcibly resists or tries to evade arrest, the employment agency inspector may use all means necessary to effect the arrest. [19A


document_id: eaa-1958
provision_ref: s20
section: 20
title: No unnecessary restraint
content:
20. —(1) The person arrested must not be subjected to more restraint than is necessary to prevent his or her escape. (2) An employment agency inspector may use handcuffs or any similar means of restraint on a person arrested to prevent him or her from — ( a ) inflicting any bodily injury to himself, herself or others; ( b ) damaging any property; ( c ) creating any disturbance; or ( d ) escaping from custody. (3) The handcuffs or means of restraint must not be used for the purpose of punishment. [19B


document_id: eaa-1958
provision_ref: s21
section: 21
title: Search of persons arrested
content:
21. —(1) When a person is arrested, the employment agency inspector making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the employment agency inspector has reason to believe were connected with the offence for which the person was being arrested. (2) Whenever it is necessary to cause a person to be searched, the search must be made by an employment agency inspector of the same sex as the person, with strict regard to decency. [19C


document_id: eaa-1958
provision_ref: s22
section: 22
title: Employment agency inspector to be armed
content:
22. Every employment agency inspector must be provided with such batons and accoutrements as may be necessary for the effective discharge of his or her duties. [19D


document_id: eaa-1958
provision_ref: s23
section: 23
title: Power to seize offensive weapons
content:
23. An employment agency inspector making any arrest may take from the person arrested any offensive weapons which the person has about his or her person. [19E


document_id: eaa-1958
provision_ref: s24
section: 24
title: Power on escape to pursue and arrest
content:
24. If a person in lawful custody escapes or is rescued, the employment agency inspector from whose custody the person escaped or was rescued may immediately pursue and arrest him or her in any place within Singapore and deal with that person as the employment agency inspector might have done on the original arrest. [19F


document_id: eaa-1958
provision_ref: s25
section: 25
title: Disposal of documents or articles
content:
25. —(1) Any document or article produced, retained or requisitioned under section 17(1)( b ), ( c ) or ( g ), 21 or 23 must — ( a ) where the document or article is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; or ( b ) in any other case — (i) be returned to the owner; or (ii) if the owner is not known, be reported to a Magistrate’s Court. (2) Where the report of any document or article produced, retained or requisitioned under section 17(1)( b ), ( c ) or ( g ), 21 or 23 is made to a Magistrate’s Court under subsection (1)( b )(ii), the Magistrate’s Court may order the document or article — ( a ) to be forfeited; or ( b ) to be disposed of in any manner that the Magistrate’s Court thinks fit. (3) Nothing in this section affects any right to retain or dispose of property which may exist in law apart from this section. [19G


document_id: eaa-1958
provision_ref: s26
section: 26
title: Complaint by employment agency inspector
content:
26. For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving the complaint in writing and signed by any employment agency inspector, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of that Code. [19H


document_id: eaa-1958
provision_ref: s27
section: 27
title: Power to enter and inspect premises
content:
27. The Commissioner or any employment agency inspector may, subject to any rules made under this Act, at any reasonable time, and without previous notice, enter and inspect any employment agency or any premises reasonably suspected of being used for the purposes of an employment agency, and examine all books, or other documents found in the premises, which may appear to him or her to be the property of or to have been used for the purposes of an employment agency and remove them for further examination. [20


document_id: eaa-1958
provision_ref: s28
section: 28
title: Liability of licensee for act of servant and partner
content:
28. Whenever any licensee would be liable under the provisions of this Act to any pecuniary penalty or forfeiture for any act, omission, neglect or default, the licensee shall be liable to the same pecuniary penalty or forfeiture for every similar act, omission, neglect or default, of — ( a ) any agent or servant employed by the licensee in the course of the operation of an employment agency in respect of which the licensee holds a licence; or ( b ) any of the partners, where the employment agency is a partnership, limited liability partnership or limited partnership. [21


document_id: eaa-1958
provision_ref: s29
section: 29
title: Providing false information
content:
29. Any person who makes any statement or provides any information to the Commissioner or any officer authorised under this Act which the person knows or ought reasonably to know is false in any material particular or is misleading by reason of the omission of any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both. [22


document_id: eaa-1958
provision_ref: s30
section: 30
title: Offence for persons to engage unlicensed persons
content:
30. —(1) Any person who, directly or indirectly, engages or uses the services of a person who has not obtained a licence as required under section 6 in connection with the employment of any person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 for each employee engaged through that person who has not so obtained a licence. (2) In any proceedings for an offence under subsection (1), it is not a defence for a defendant to prove that the defendant did not know that the person has not obtained a licence as required under section 6 unless the defendant further proves that the defendant had exercised due diligence to ascertain the status of that person. (3) For the purpose of subsection (2), a defendant is not to be deemed to have exercised due diligence unless the defendant had verified, in such manner as may be prescribed, that the person mentioned in that subsection has obtained a licence as required under section 6. [22A


document_id: eaa-1958
provision_ref: s31
section: 31
title: Offence for licensed employment agencies to make certain applications
content:
31. —(1) If any employment agency personnel of a licensee makes any application to the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act 1990, which application is required under that Act, on behalf of — ( a ) any person who has not obtained a licence as required under section 6; or ( b ) any person whom the employment agency personnel knows or ought reasonably to know has been directed by the Commissioner under section 11(4) not to make any such application, the licensee and the employment agency personnel shall each be guilty of an offence. (2) Any person guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in respect of a second or subsequent offence, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both. (3) In any proceedings for an offence under subsection (1), it is not a defence for a defendant to prove that the defendant did not know that the person has not obtained a licence as required under section 6 unless the defendant further proves that the defendant had exercised due diligence to ascertain the status of that person. (4) For the purpose of subsection (3), a defendant is not to be deemed to have exercised due diligence unless the defendant had verified, in such manner as may be prescribed, that the person mentioned in that subsection has obtained a licence as required under section 6. [22B


document_id: eaa-1958
provision_ref: s32
section: 32
title: Disqualification of key appointment holders or employment agency personnel
content:
32. —(1) Despite the provisions of any other written law, any person who — ( a ) is an undischarged bankrupt; ( b ) has been convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the person had acted dishonestly; ( c ) has been convicted, whether in Singapore or elsewhere, of an offence involving human trafficking; or ( d ) has been a director of, or directly concerned in the management of, an employment agency for which a licence is obtained under this Act and which licence has been revoked, must not, without the consent in writing of the Commissioner, act or continue to act as a key appointment holder of any employment agency in Singapore. (2) Despite the provisions of any other written law, any employment agency personnel (not being a key appointment holder) who — ( a ) has been convicted, whether in Singapore or elsewhere, of an offence involving human trafficking; or ( b ) has been a director of, or directly concerned in the management of, an employment agency for which a licence is obtained under this Act and which licence has been revoked, must not, without the consent in writing of the Commissioner, act or continue to act as an employment agency personnel of any employment agency in Singapore. (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 $5,000 or to imprisonment for a term not exceeding 6 months or to both. [22C


document_id: eaa-1958
provision_ref: s33
section: 33
title: Miscellaneous offences
content:
33. —(1) Where any employment agency personnel of a licensee, directly or indirectly, charges or receives for his or her services any sum greater than the prescribed fee, the licensee and the employment agency personnel shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in respect of a second or subsequent offence, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (2) Where any employment agency personnel of a licensee gives any information to any person which is relevant to the employment of any applicant for employment, which the employment agency personnel knows or ought reasonably to know is false in any material particular or is misleading by reason of the omission of any material particular, the licensee and the employment agency personnel shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both. (3) Where any employment agency personnel of a licensee instigates or induces any person not to employ or engage the services of another person who did not apply for employment or work through the licensee, the licensee and the employment agency personnel shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in respect of a second or subsequent offence, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (4) Any person who, without reasonable excuse, obstructs an employment agency inspector in the exercise of any of his or her powers under this Act 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. (5) Any licensee who contravenes any of the conditions of the licence 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. [23


document_id: eaa-1958
provision_ref: s34
section: 34
title: Certain offences deemed to be arrestable offences
content:
34. Every offence under section 6(4) is deemed to be an arrestable offence within the meaning of the Criminal Procedure Code 2010. [24


document_id: eaa-1958
provision_ref: s35
section: 35
title: Officers to be public servants
content:
35. For the purposes of this Act and of the Penal Code 1871, the Commissioner and other officers appointed or acting under this Act are deemed to be public servants within the meaning of the Penal Code 1871. [25


document_id: eaa-1958
provision_ref: s36
section: 36
title: Employment agency deemed to be public place
content:
36. For the purposes of section 14(1) of the Liquor Control (Supply and Consumption) Act 2015, the premises of every employment agency are deemed to be a public place. [26 [5/2015]


document_id: eaa-1958
provision_ref: s37
section: 37
title: Right of hearing
content:
37. The Commissioner and any officer authorised by him or her in writing in that behalf have the right to appear and be heard before a Magistrate’s Court or District Court in any proceeding under this Act. [27


document_id: eaa-1958
provision_ref: s38
section: 38
title: Power to deal with evidence taken by another officer
content:
38. Where the Commissioner, or any officer performing the duties or exercising the powers conferred on the Commissioner, has, for the purpose of inquiring into any matter under this Act, taken any evidence or made any memorandum and is prevented by death, transfer or other cause from concluding the inquiry, any successor to the Commissioner or other officer may deal with that evidence or memorandum as if he or she had taken it down or made it and proceed with the inquiry from the stage at which his or her predecessor left it. [28


document_id: eaa-1958
provision_ref: s39
section: 39
title: Offences by bodies corporate, etc.
content:
39. —(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 an officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on a partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (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, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore. [28A


document_id: eaa-1958
provision_ref: s40
section: 40
title: Abetment
content:
40. Any person who abets the commission of an offence under this Act shall be guilty of the offence and shall be liable on conviction to be punished with the punishment provided for that offence. [28B


document_id: eaa-1958
provision_ref: s41
section: 41
title: Composition of offences
content:
41. —(1) The Commissioner or any officer authorised in writing by the Commissioner may compound any offence under this Act by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following amounts: ( 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. [28C


document_id: eaa-1958
provision_ref: s42
section: 42
title: Protection from personal liability
content:
42. No suit or other legal proceedings shall lie against the Commissioner or any public officer acting under the direction of the Commissioner for anything which is done with reasonable care and in good faith in the execution or purported execution of this Act. [28D


document_id: eaa-1958
provision_ref: s43
section: 43
title: Jurisdiction of court
content:
43. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. [28E


document_id: eaa-1958
provision_ref: s44
section: 44
title: Registers
content:
44. —(1) The Commissioner may establish, maintain and cause to be published in any manner that the Commissioner may determine, one or more registers in respect of — ( a ) any person or employment agency, or any class thereof, exempted under section 4(2); ( b ) the holder of any licence granted under section 6, or any class thereof; ( c ) the employment agency personnel registered under section 12(3), or any class thereof; or ( d ) such other information relating to employment agencies generally, or to any class of employment agencies, as the Commissioner may determine. (2) Rules may be made under section 45 to prescribe the manner in which the registers are established or maintained under subsection (1), including the details or particulars required to be entered in the registers. (3) Any person may, upon payment of a prescribed fee, inspect and take an extract from any register established under subsection (1). (4) Any extract taken under subsection (3), if certified by the Commissioner to be a true copy, is admissible as evidence in any legal proceedings. [28F


document_id: eaa-1958
provision_ref: s45
section: 45
title: Power to make rules
content:
45. —(1) The Minister may make rules for carrying out the purposes of this Act and in particular and without limiting the foregoing powers the Minister may make rules to prescribe — ( a ) the types of employment in respect of which licences may be granted; ( b ) the manner, circumstances and conditions under which licences may be granted to persons for the purpose of operating employment agencies or for performing any work or activity mentioned in section 6(2); ( c ) the fees payable to licensees by applicants for employment and applicants for employees; ( d ) the fees payable for the application, grant and renewal of licences; ( e ) the fee payable for the registration of employment agency personnel; ( f ) the forms of licence, applications for the grant or renewal of licences, registers and monthly returns; ( g ) the circumstances and conditions under which employment agencies or persons may be granted permission to place or recruit employees outside Singapore; ( h ) the circumstances and conditions under which fees may be collected from applicants for employment and applicants for employees (as the case may be) and the circumstances and conditions under which such fees must, whether in whole or in part, be refunded; ( i ) penalties for any contravention of any of the provisions of any rules made under this section except that no such penalty may exceed $10,000 or 12 months’ imprisonment or both; ( j ) the kind and amount of security required to be given under this Act, and the circumstances and conditions under which the amount of security may be varied; ( k ) the form of the registration card to be issued by a licensee; ( l ) the imposition of any requirement, restriction or prohibition on licensees or employment agency personnel in relation to the carrying on of any employment agency, or the performance of any work or activity mentioned in section 6(2); ( m ) any matter relating to the release of any arrested person on any bail or bond under this Act; and ( n ) anything that is required or permitted to be prescribed under this Act. (2) All rules made under this section must be published in the Gazette and must be presented to Parliament as soon as possible after publication; and if a resolution is passed pursuant to a motion notice of which has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the rules are so presented annulling the rules or any part of the rules as from a specified date, the rules or such part of the rules (as the case may be) thereupon become void as from that date but without affecting the validity of anything previously done under the rules or the making of new rules. [29


document_id: eaa-2010
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Scope of application
content:
2. This Act applies to estate agency work in respect of property situated in Singapore and outside Singapore.


document_id: eaa-2010
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Interpretation
content:
3. —(1) In this Act, unless the context otherwise requires — “advertisement” includes every form of advertisement, whether to the public or not, and whether — ( a ) orally or in writing; ( b ) in printed or electronic form; ( c ) in a newspaper or other publication; ( d ) by television or radio; ( e ) by the display of posters, notices, signs, labels, showcards or goods; ( f ) by the distribution of notices, circulars, brochures, pamphlets, catalogues, price lists or any other material; ( g ) by the exhibition of pictures, models or films; or ( h ) in any other form or manner whatsoever, and any reference to the issue or publication of advertisements is to be construed accordingly; “Appeals Board” means the Appeals Board constituted under section 57; “body corporate” includes a limited liability partnership; “building” has the meaning given by the Building Control Act 1989; “business name”, in relation to an estate agent, means the name under which the estate agent is authorised to carry on estate agency work; “Chairperson” means the Chairperson of the Disciplinary Committee or Appeals Board (as the case may be), and any person acting as such Chairperson; “client” means any person who, whether on the person’s own behalf or on behalf of another person, retains or otherwise uses the services of, or otherwise engages or employs, an estate agent, whether directly or through a salesperson; “committee”, in relation to the Council, includes the Disciplinary Panel and any Disciplinary Committee; “committee member” means a member of any committee formed by the Council under this Act; “company” has the meaning given by section 4(1) of the Companies Act 1967; “Council” means the Council for Estate Agencies established under section 6; “counterparty”, 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, means — ( a ) where the client is a purchaser of the property — a vendor of the property; or ( b ) where the client is a vendor of the property — a purchaser of the property; [Act 15 of 2025 wef 01/07/2025] “deputy president” means the deputy president of the Council and any person acting as the deputy president; “development” means a development involving the construction of a new building; “director” has the meaning given by section 4(1) of the Companies Act 1967; “Disciplinary Committee” means a committee appointed under section 51(4); “Disciplinary Panel” means the panel appointed under section 51(1); “disposition” means an act by a person whereby an interest the person has in or over a property is affected, and “acquisition”, in relation to a property, is to be construed accordingly; “estate agency agreement” means one or more written documents embodying the terms agreed for the time being between an estate agent and the estate agent’s client, being terms on and subject to which estate agency work is to be done by the estate agent for the client; “estate agency work”, subject to subsection (3), means any work done in the course of business for a client or any work done for or in expectation of any fee (whether or not in the course of business) for a client, being work done — ( a ) in relation to the introduction to the client of a third person who wishes to acquire or dispose of a property, or to the negotiation for the acquisition or disposition of a property by the client; or ( b ) after the introduction to the client of a third person who wishes to acquire or dispose of a property or the negotiation for the acquisition or disposition of a property by the client, in relation to the acquisition or disposition (as the case may be) of the property by the client; “estate agent”, subject to subsection (3), means a person who does estate agency work, whether or not the person carries on that or any other business; “estate agent’s licence” means a licence granted under section 33 and designated as being an estate agent’s licence; “Executive Director” means the chief executive of the Council called the Executive Director, and includes any individual acting in that capacity; “inspector” means any person appointed under section 45; “key executive officer” means the person who is required to be appointed by an estate agent under section 38; “lease” includes a sublease, tenancy and subtenancy and an agreement for a lease where a party to the agreement is entitled to have a lease granted; “licence” means an estate agent’s licence, and includes a provisional licence, and “licensee” is to be construed accordingly; “licensed estate agent” means a person who is the holder of an estate agent’s licence; “moneylender’s licence” means a moneylender’s licence under the Moneylenders Act 2008; “partner” includes a partner of a limited liability partnership, a general partner of a limited partnership and a limited partner of a limited partnership; “partnership” includes a limited liability partnership registered under the Limited Liability Partnerships Act 2005 and a limited partnership registered under the Limited Partnerships Act 2008; “person who is responsible for the management”, in relation to a person or business, includes every director, manager, partner, officer, individual, secretary, agent or employee at any time charged either solely or to a substantial extent with the management of the person or business; “prescribed” means prescribed by the Council by regulations made under this Act; “president” means the president of the Council and includes any person acting as the president; “proliferation financing” means the financing of the proliferation of weapons of mass destruction; [Act 15 of 2025 wef 01/07/2025] “property” means an interest in land, whether situated in Singapore or elsewhere, that is recognised as such by law, and includes any building or part of a building (whether completed, being constructed or to be constructed), and a future interest in land; “public accountant” has the meaning given by the Accountants Act 2004; “purchaser” means any person to whom a property is or is to be disposed of, and includes a prospective tenant; “register” means the register established and maintained by the Council under section 36; “registered salesperson” means a person who is registered as a salesperson under section 34; “registration” means registration as a salesperson under section 34; “salesperson” means an individual who does estate agency work — ( a ) in the course of his or her employment or engagement (whether under a contract of service or contract for service) by an estate agent; or ( b ) as a director or limited liability partner of an estate agent; “solicitor” means an advocate and solicitor of the Supreme Court of Singapore with a practising certificate in force; “tenant” includes a subtenant; “vendor” means any person by whom a property is or is to be disposed of, and includes a prospective landlord; “Vice-Chairperson” means a Vice‑Chairperson of the Appeals Board and any person acting as a Vice‑Chairperson. [5/2018] (2) For the purposes of this Act, a person is not a “fit and proper person” if the Council, after considering any relevant facts or matters, is of the view that he or she is not such a person, and unless the Council otherwise determines — ( a ) an individual is not a “fit and proper person” if he or she — (i) has been convicted of an offence involving dishonesty or fraud; (ii) has had a judgment entered against him or her in civil proceedings that involve a finding of fraud, dishonesty or breach of fiduciary duties on his or her part; (ii a ) has been convicted of an offence involving money laundering, proliferation financing or terrorism financing (whether in Singapore or elsewhere); [Act 15 of 2025 wef 01/07/2025] (iii) has been convicted of any offence under this Act; or (iv) is an undischarged bankrupt or has made a composition or arrangement with his or her creditors; and ( b ) a person (other than an individual) is not a “fit and proper person” if — (i) the person has been convicted of an offence involving dishonesty or fraud; (ii) the person has had a judgment entered against it in civil proceedings that involve a finding of fraud, dishonesty or breach of fiduciary duties on its part; (ii a ) the person has been convicted of an offence involving money laundering, proliferation financing or terrorism financing (whether in Singapore or elsewhere); [Act 15 of 2025 wef 01/07/2025] (iii) the person has been convicted of any offence under this Act; (iv) any director or partner of the person or any other person who is responsible for the management of the person is not a fit and proper person; or (v) the person is in liquidation or is the subject of a winding up order, or there is a receiver appointed in relation to it, or it has entered into a composition or scheme of arrangement with its creditors. (3) To avoid doubt, it is declared that — ( a ) references in this Act to estate agency work are not to be construed as including references to work which relates solely to a survey, to a valuation or to a disposition by way of auction or tender; and ( b ) references in this Act to an estate agent without qualification are not to be construed as including references to an auctioneer whose function is solely to conduct an auction.


document_id: eaa-2010
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Excluded activities and persons
content:
4. —(1) This Act does not apply to anything done — ( a ) by an executor, administrator, trustee, liquidator, receiver, trustee or assignee of a bankrupt for the purposes of or in connection with the performance of his, her or its functions as such; ( b ) by a solicitor, in the course of practising his or her profession, or by any person employed by the solicitor and acting in furtherance of that course, in introducing to the client, third persons who wish to acquire or dispose of a property (whether for remuneration or otherwise), if the solicitor and any person employed by the solicitor do not perform any other work that falls within the definition of “estate agency work” in section 3; ( c ) by an appraiser within the meaning of the Appraisers Act 1906 when valuing or appraising property; ( d ) by any person in connection with a mortgage or other charge on property, whether done as regards its creation, transfer, assignment or otherwise; ( e ) in connection with the publication of advertisements or the dissemination of information by any person who does no other work that falls within the definition of “estate agency work” in section 3; ( f ) by any person as the vendor or purchaser, or where there is more than one vendor or purchaser, a vendor or purchaser of a property in connection with — (i) where the person is the vendor or a vendor of the property — the disposition of the property; or (ii) where the person is the purchaser or a purchaser of the property — the acquisition of the property; ( g ) by any person in connection with a property pursuant to instructions received by the person in the course of his or her employment, insofar as such thing would have been within the scope of paragraph ( f ) if done by his or her employer; ( h ) by any person in relation to a present, prospective or former employee of the person or of any person by whom he or she also is employed if the thing is done by reason of the employment (whether past, present or future); and ( i ) by the Government or by any body that is established or constituted by or under a public Act for a public function when acting on behalf of the Government or exercising a public function. (2) For the purposes of subsection (1) — ( a ) a reference to a property within the meaning of this section includes a reference to a property which comprises a specified number of undivided shares in any area of land situated in Singapore together with a right to the exclusive possession of a unit or other interest in a development of that area of land where — (i) the development of that area of land has been or is to be undertaken by the vendor or, where there is more than one vendor, the vendors of the property as owner of that area of land (whether with other companies or not), or by other company or companies for the vendor or the vendors (as the case may be) pursuant to an agreement, however described, entered into by the vendor or the vendors, as the case may be (whether with other companies or not) for the development of that area of land; and (ii) no assignment or other instrument, other than that in favour of the vendor or, where there is more than one vendor, the vendors of the property, has been executed by way of completion of the sale and purchase of the property as such; and ( b ) a reference to a development agreement within the meaning of this subsection, in relation to a property, is a reference to an agreement, however described, entered into for the development of the area of land mentioned in paragraph ( a ) in relation to that property.


document_id: eaa-2010
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Exemptions
content:
5. —(1) The Minister may, by order in the Gazette , exempt any person or class or description of persons from all or any of the provisions of this Act, subject to any conditions as may be stated in the order. (2) The Minister may, by order in the Gazette , exclude any activity or class or description of activities from all or any of the provisions of this Act relating to estate agency work. (3) The Council may exempt any person from any prescribed requirements for a licence or registration, subject to any conditions as it may consider appropriate.


document_id: eaa-2010
provision_ref: s6
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 6
title: Establishment and incorporation of Council for Estate Agencies
content:
6. A body called the Council for Estate Agencies is established, which is a body corporate with perpetual succession and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.


document_id: eaa-2010
provision_ref: s7
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 7
title: Common seal
content:
7. —(1) The Council must have a common seal and such seal may be broken, changed, altered or made anew as the Council thinks fit. (2) All deeds and other documents requiring the seal of the Council must be sealed with the common seal of the Council. (3) Every instrument to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Council for the purpose, or by one member and the Executive Director. (4) The Council may, by resolution or otherwise in writing, appoint any officer of the Council or any other agent either generally or in any particular case to execute or sign on behalf of the Council any agreement or other instrument not under seal in relation to any matter within the powers of the Council. (5) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Council affixed to any document and presume that it was duly affixed.


document_id: eaa-2010
provision_ref: s8
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 8
title: Constitution of Council
content:
8. —(1) The Council consists of the following members: ( a ) a chairperson called the president; ( b ) not less than 5 and not more than 15 such other members as the Minister may determine. [5/2018] (2) The Schedule has effect with respect to the Council, its members and its proceedings.


document_id: eaa-2010
provision_ref: s9
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 9
title: Functions and duties of Council
content:
9. —(1) Subject to the provisions of this Act, the functions and duties of the Council are as follows: ( a ) to administer the licensing and registration regimes under this Act; ( b ) to regulate and control the practice of estate agents and salespersons; ( c ) to promote integrity and competence among estate agents and salespersons and to maintain or enhance their status; ( d ) to administer examinations and a professional development framework for the purposes of licensing and registration under this Act; ( da ) to accredit activities, courses and programmes for continuing professional education for or in respect of estate agents and salespersons; ( e ) to develop codes of practice, ethics and conduct for estate agents and salespersons; ( f ) to conduct investigations and disciplinary proceedings in relation to offences and unsatisfactory conduct or misconduct in relation to estate agency work; ( g ) to develop measures to equip consumers with the necessary knowledge to conduct their property transactions with prudence and diligence; ( h ) to perform such other functions and discharge such other duties as may be conferred on the Council by any written law. [24/2020] (2) In addition to the functions and duties imposed under subsection (1), the Council may undertake such other functions and duties (not incompatible with those specified in that subsection) as the Minister may, by order in the Gazette , assign to the Council and in so doing — ( a ) the Council is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Council in respect of such functions and duties. (3) Nothing in this section is to be construed as imposing on the Council, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.


document_id: eaa-2010
provision_ref: s10
chapter: PART 2 - COUNCIL FOR ESTATE AGENCIES
section: 10
title: Powers of Council
content:
10. —(1) Subject to the provisions of this Act, the Council has the power to do anything for the purpose of performing its functions and discharging its duties under this Act or any other written law, or which is incidental or conducive to the performance and discharge of those functions and duties. (2) Without limiting subsection (1), the Council may — ( a ) enter into such contracts as may be necessary or expedient for the purpose of discharging the functions and duties of the Council; ( b ) acquire or dispose of, in accordance with the provisions of this Act, any property, whether movable or immovable, which the Council thinks necessary or expedient for the purpose of carrying out its functions or duties; ( c ) charge fees for licensing and registration and for any services rendered by the Council or for the use of any facilities of the Council; ( d ) receive grants or contributions from any source, or raise funds by all lawful means and apply such funds for any of the functions and duties of the Council; ( e ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Council and members of their families; ( f ) lease, let or otherwise utilise any property, movable or immovable, vested in or acquired by the Council on such terms and conditions as the Council thinks fit; and ( g ) do anything incidental to any of its functions, duties or powers. (3) This section is not to be construed as limiting any power of the Council conferred by or under any other written law. (4) The Council must provide the Minister information with respect to its property and activities in such manner and at such times as the Minister may require.


