# legal_provisions

document_id: wica-2019
provision_ref: s27
chapter: PART 3 - WORK INJURY COMPENSATION INSURANCE
section: 27
title: Insurer not to object on ground of double insurance
content:
27. —(1) In any proceedings under Part 4, an employer’s insurer or a platform operator’s insurer is not entitled to raise any objection or defence to a claim on the ground that there is in force another insurance policy issued by another insurer covering the same liability under this Act in respect of the claim as the insurance policy issued by the employer’s insurer or platform operator’s insurer, as the case may be. [Act 30 of 2024 wef 01/01/2025] (2) Nothing in subsection (1) affects any other law — ( a ) on double insurance and contribution; or ( b ) that prohibits an insurer from disproving liability, in whole or in part, in respect of any accident.


document_id: wica-2019
provision_ref: s28
chapter: PART 3 - WORK INJURY COMPENSATION INSURANCE
section: 28
title: Insurer’s obligation if employer bankrupt, etc.
content:
28. —(1) Despite any written law relating to bankruptcy or the winding up of companies, where an employer has entered into a contract with any insurer in respect of any liability under this Act to any employee, the rights of the employer under the contract against the insurer in respect of that liability are transferred to and vest in the employee in any of the following events: ( a ) the employer becomes bankrupt or makes a composition or scheme of arrangement with the employer’s creditors; ( b ) where the employer is a company — (i) proceedings are commenced to wind up the company; (ii) a receiver or manager of the company’s business or undertaking is duly appointed; or (iii) possession of any property comprised in or subject to a floating charge securing debentures issued by the company is taken by, or on behalf of, the holders of the debentures. (2) On a transfer to an employee under subsection (1), the insurer has — ( a ) the same rights and remedies in relation to the employee as if the insurer were the employer; and ( b ) the same liabilities in relation to the employee as if the insurer were the employer, but this does not impose on the insurer any greater liability to the employee than the insurer’s liability to the employer under the contract. (3) If the insurer’s liability to the employee under subsection (2)( b ) is less than the liability of the employer to the employee, the employee may, as the case may be — ( a ) prove for the balance in the employer’s bankruptcy or liquidation; or ( b ) recover the balance from the receiver or manager of the employer’s business or undertaking. (4) Where the employer’s liability is to pay periodical payments for temporary incapacity — ( a ) the amount payable in respect of the compensation, for the purposes of this section, is the lump sum into which the employer’s liability to pay the periodical payments for temporary incapacity could, if commutable, be commuted under section 17(4); and ( b ) a certificate of the Commissioner as to the amount of the lump sum is conclusive proof of that amount. (5) This section and section 29 do not apply where a company is wound up voluntarily only for the purpose of reconstruction or of amalgamation with another company.


document_id: wica-2019
provision_ref: s29
chapter: PART 3 - WORK INJURY COMPENSATION INSURANCE
section: 29
title: Application of section 28 where insurance contract void or voidable
content:
29. —(1) Subsections (2), (3), (4) and (5) apply where the contract mentioned in section 28(1) is void or voidable by reason of the employer’s non‑compliance with any terms or conditions of the contract, other than a requirement to pay premiums. (2) Section 28(1) applies as if the contract mentioned in that provision were not void or voidable only if the employee gives notice to the insurer of the matters mentioned in paragraph ( a ) as soon as practicable after the employee becomes aware of all of the following: ( a ) the employee’s work injury or incapacity arising from an accident; ( b ) that the employer is insured by that insurer; ( c ) that any of the events mentioned in section 28(1)( a ) or ( b ) has occurred. (3) Where, despite the contract mentioned in section 28(1) being void or voidable, the insurer pays any amount to the employee in respect of the employer’s liability to pay compensation under this Act, the insurer is entitled to — ( a ) prove for the relevant amount in the employer’s bankruptcy or liquidation; or ( b ) recover the relevant amount from the receiver or manager of the employer’s business or undertaking. (4) The relevant amount mentioned in subsection (3) is the amount paid, excluding (where the contract is void or voidable only in part) the amount that the insurer is still liable to pay under any part of the contract that is not void or voidable. (5) The relevant amount mentioned in subsection (3) is to be paid to the insurer in priority as if it were an amount due in respect of work injury compensation under this Act in accordance with the provision mentioned in paragraph ( a ), ( b ) or ( c ), if the employer’s liability to pay the compensation accrued before the date specified in that paragraph: ( a ) section 352 of the Insolvency, Restructuring and Dissolution Act 2018 — the date of the bankruptcy order; ( b ) section 203 of the Insolvency, Restructuring and Dissolution Act 2018 — (i) the date of the commencement of the winding up of the company; or (ii) where the company is ordered to be wound up compulsorily and had not previously commenced to be wound up voluntarily — the date of the winding up order; ( ba ) the repealed section 328 of the Companies Act 1967 (as applied by section 130 of the VCC Act as in force before the operative date) — (i) the date of the commencement of the winding up of the VCC; or (ii) where the VCC is ordered to be wound up compulsorily and had not previously commenced to be wound up voluntarily — the date of the winding up order; [S 26/2022 wef 13/01/2022] ( bb ) section 203 of the Insolvency, Restructuring and Dissolution Act 2018 (as applied by section 130 of the VCC Act as in force on the operative date) — (i) the date of the commencement of the winding up of the VCC; or (ii) where the VCC is ordered to be wound up compulsorily and had not previously commenced to be wound up voluntarily — the date of the winding up order; [S 26/2022 wef 13/01/2022] ( bc ) the repealed section 328 of the Companies Act 1967 (as applied by section 33(2) of the VCC Act read with the First Schedule to the VCC Act as in force before the operative date) — (i) the date of the commencement of the winding up of the sub-fund; or (ii) where the sub-fund is ordered to be wound up compulsorily and had not previously commenced to be wound up voluntarily — the date of the winding up order; [S 26/2022 wef 13/01/2022] ( bd ) section 203 of the Insolvency, Restructuring and Dissolution Act 2018 (as applied by section 33(2) of the VCC Act read with the First Schedule to the VCC Act as in force on the operative date) — (i) the date of the commencement of the winding up of the sub-fund; or (ii) where the sub-fund is ordered to be wound up compulsorily and had not previously commenced to be wound up voluntarily — the date of the winding up order; [S 26/2022 wef 13/01/2022] ( c ) section 86 of the Insolvency, Restructuring and Dissolution Act 2018 — the date of the appointment of the receiver or manager or the date of possession being taken as mentioned in that section, as the case may be; [S 26/2022 wef 13/01/2022] ( d ) section 127 of the VCC Act as in force before the operative date — the date of the appointment of the receiver or the date of possession being taken as mentioned in that section, as the case may be; [S 26/2022 wef 13/01/2022] ( e ) section 127 of the VCC Act as in force on the operative date — the date of the appointment of the receiver or manager or the date of possession being taken as mentioned in that section, as the case may be. [S 26/2022 wef 13/01/2022] (6) In this section, “operative date” means the date of commencement of sections 29, 45, 48 and 62 of the Variable Capital Companies (Miscellaneous Amendments) Act 2019. [S 26/2022 wef 13/01/2022]


document_id: wica-2019
provision_ref: s30
chapter: PART 3 - WORK INJURY COMPENSATION INSURANCE
section: 30
title: Offences relating to provision of insurance
content:
30. —(1) A person other than a person mentioned in subsection (2) who offers, or enters into a contract, to provide insurance in respect of the liability of any employer to pay compensation under this Act shall be guilty of an offence and shall be liable — ( a ) to a fine not exceeding $80,000 for each insurance policy to which the conviction under this subsection applies; and [Act 30 of 2024 wef 15/10/2024] ( b ) if the person is a repeat offender, to a fine not exceeding $160,000 for each insurance policy to which the conviction under this subsection applies. [Act 30 of 2024 wef 15/10/2024] (2) Only the following persons may offer or enter into a contract (as the case may be) to provide the insurance mentioned in subsection (1): ( a ) a designated employer’s insurer that is not suspended under section 31(8)( b ) or 34(1)( a ); [Act 30 of 2024 wef 15/10/2024] ( b ) an insurance intermediary in respect of the insurance which is provided or to be provided by a designated employer’s insurer mentioned in paragraph ( a ). [Act 30 of 2024 wef 15/10/2024] (2A) A person other than a person mentioned in subsection (2B) who offers, or enters into a contract, to provide insurance in respect of the liability of any platform operator to pay compensation under this Act shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of a first offence — to a fine not exceeding $80,000 for each insurance policy to which the conviction under this subsection applies; and ( b ) if the person is a repeat offender — to a fine not exceeding $160,000 for each insurance policy to which the conviction under this subsection applies. [Act 30 of 2024 wef 15/10/2024] (2B) Only the following persons may offer or enter into a contract (as the case may be) to provide the insurance mentioned in subsection (2A): ( a ) a designated PO’s insurer that is not suspended under section 31(8)( b ) or 34(1)( a ); ( b ) an insurance intermediary in respect of the insurance which is provided or to be provided by a designated PO’s insurer mentioned in paragraph ( a ). [Act 30 of 2024 wef 15/10/2024] (2C) In subsections (1)( b ) and (2A)( b ), “repeat offender”, in relation to an offence under subsection (1) or (2A) respectively, means a person who — ( a ) is convicted, or found guilty, of an offence under subsection (1) or (2A); and ( b ) has been convicted, or found guilty, of any of the following offences on at least one other earlier occasion: (i) an offence under subsection (1) (whether the conviction was before, on or after the date of commencement of paragraph 12 of the Ninth Schedule to the Platform Workers Act 2024); (ii) an offence under subsection (2A). [Act 30 of 2024 wef 15/10/2024] (3) A person (whether or not a designated insurer) who offers, or enters into a contract, to provide — ( a ) any insurance in respect of the liability of any employer to pay compensation under this Act which is not an approved employee insurance policy; or ( b ) any insurance in respect of the liability of any platform operator to pay compensation under this Act which is not an approved platform worker insurance policy, shall be guilty of an offence and shall be liable on conviction — ( c ) in the case of a first offence — to a fine not exceeding $80,000 for each insurance policy offered or provided in contravention of this subsection; and ( d ) if the person is a repeat offender — to a fine not exceeding $160,000 for each insurance policy offered or provided in contravention of this subsection. [Act 30 of 2024 wef 15/10/2024] (3A) In subsection (3)( d ), “repeat offender”, in relation to an offence under subsection (3), means a person who — ( a ) is convicted, or found guilty, of an offence under subsection (3); and ( b ) has been convicted, or found guilty, of an offence under subsection (3) (whether the conviction was before, on or after the date of commencement of paragraph 12 of the Ninth Schedule to the Platform Workers Act 2024) on at least one other occasion. [Act 30 of 2024 wef 15/10/2024] (4) It is not a defence to a charge for an offence under subsection (1), (2A) or (3) that the person did not know that the contract of insurance offered or entered into — ( a ) was in respect of the liability of any employer or platform operator (as the case may be) to pay compensation under this Act; or [Act 30 of 2024 wef 15/10/2024] ( b ) was not an approved policy. [Act 30 of 2024 wef 15/10/2024] (5) To avoid doubt, this section does not prohibit the making of an offer or contract to provide — ( a ) healthcare insurance, accident insurance or other insurance which does not insure or purport to insure the liabilities of the employer or platform operator (as the case may be) under this Act; or [Act 30 of 2024 wef 15/10/2024] ( b ) any insurance that insures only liability in excess of the liability of the employer or platform operator (as the case may be) to pay compensation under this Act. [Act 30 of 2024 wef 15/10/2024] (6) In this section, unless the context otherwise requires, a reference to offering to provide insurance in respect of any liability under this Act includes a reference to — ( a ) holding out as providing such insurance, whether to specific persons or to the public or any section of the public; and ( b ) making an offer to, or inviting an offer from, specific persons or the public or any section of the public to provide such insurance. Division 2 &#x2014; Designated insurer


document_id: wica-2019
provision_ref: s31
chapter: PART 3 - WORK INJURY COMPENSATION INSURANCE
section: 31
title: Designation by Commissioner
content:
31. —(1) The Commissioner may designate any licensed insurer, within the meaning of the Insurance Act 1966, that satisfies the prescribed requirements to be — ( a ) a designated employer’s insurer to provide insurance in respect of the liability of any employer to pay compensation under this Act; or ( b ) a designated PO’s insurer to provide insurance in respect of the liability of any platform operator to pay compensation under this Act. [Act 30 of 2024 wef 15/10/2024] (1A) For the purposes of subsection (1), the Minister may prescribe different requirements for licensed insurers to be a designated employer’s insurer or designated PO’s insurer. [Act 30 of 2024 wef 15/10/2024] (2) The Commissioner may, from time to time, impose conditions on any designated insurer, including a condition requiring the designated insurer to comply with specified standards of performance relating to the processing of claims under this Act. (3) The Commissioner may, from time to time, modify or add to the conditions imposed on a designated insurer. (4) The Commissioner must, before modifying or adding to any conditions imposed on a designated insurer, give notice to the designated insurer concerned — ( a ) stating the modification or addition that the Commissioner intends to make; and ( b ) specifying the time within which the designated insurer may make written representations to the Commissioner with respect to the proposed modification or addition. (5) Where a designated insurer makes any representations under subsection (4)( b ), the Commissioner must consider the representations and notify the designated insurer of the Commissioner’s decision. (6) Unless earlier cancelled under subsection (8)( a ) or section 34, a person’s designation as a designated insurer expires at the end of the period (if any) specified by the Commissioner in the designation. (7) A designated insurer may apply, in the form and manner required by the Commissioner, for cancellation of the designation. (8) Where a designated insurer applies under subsection (7), the Commissioner may do one or more of the following: ( a ) cancel the designation with effect from a date specified by the Commissioner; ( b ) suspend the designation of the designated insurer for a period before the cancellation takes effect as specified by the Commissioner; ( c ) give a direction to the designated insurer not to enter into, renew or extend any approved policy; ( d ) require the designated insurer to take such action as the Commissioner requires to ensure that reasonable provision has been or will be made for any liability in respect of any approved policy before cancelling the designation. (9) When deciding any matter under subsection (8), the Commissioner must consider whether proper arrangements have been made to ensure that the designated insurer’s obligation to comply with every condition, direction and requirement mentioned in section 32(1) in respect of the following are met: ( a ) every approved policy and every insurance policy issued by that insurer that purports to insure an employer’s liability to pay compensation under this Act; ( b ) any payment insured, or purportedly insured, under such an insurance policy. (10) The following persons may, within the prescribed time, appeal to the Minister whose decision is final: ( a ) any licensed insurer that the Commissioner has refused to designate as a designated insurer; ( b ) any designated insurer that is aggrieved by any modification or addition of conditions imposed by the Commissioner; ( c ) any designated insurer that is aggrieved by the Commissioner’s decision on any matter under subsection (8). (11) A decision of the Commissioner under subsection (5) or (8) takes effect despite any pending appeal to the Minister against the decision. (12) A designated insurer whose designation, before the date of commencement of paragraph 13 of the Ninth Schedule to the Platform Workers Act 2024, has not expired or been earlier cancelled under subsection (8)( a ) or section 34 is deemed to be a designated employer’s insurer for the remainder of the period (if any) specified by the Commissioner in the designation under subsection (6). [Act 30 of 2024 wef 15/10/2024]


document_id: wica-2019
provision_ref: s32
chapter: PART 3 - WORK INJURY COMPENSATION INSURANCE
section: 32
title: Obligations of designated insurer
content:
32. —(1) A designated insurer must comply with every — ( a ) condition imposed on the designated insurer under section 31; ( b ) direction of the Commissioner given to the designated insurer under this Act; and ( c ) requirement under this Act that applies to the designated insurer. (2) Despite the suspension of a person’s designation as a designated insurer, the designated insurer must continue to comply with every condition, direction and requirement mentioned in subsection (1) in respect of the following unless the Commissioner directs otherwise: ( a ) every approved policy and every insurance policy that purports to insure the liability of an employer or a platform operator (as the case may be) to pay compensation under this Act, issued by that insurer before that suspension; [Act 30 of 2024 wef 15/10/2024] ( b ) any payment insured, or purportedly insured, under such an insurance policy. (3) The expiry, suspension or cancellation of the designation of a designated insurer does not prejudice the enforcement of any right or claim in relation to the matters mentioned in subsection (2)( a ) and ( b ) — ( a ) by any person against the insurer; and ( b ) by the insurer against any person.


document_id: wica-2019
provision_ref: s33
chapter: PART 3 - WORK INJURY COMPENSATION INSURANCE
section: 33
title: Collection and disclosure of information by Commissioner
content:
33. —(1) For the purposes of this Act, the Commissioner may — ( a ) direct any designated insurer to submit to the Commissioner any information or returns to facilitate the administration of this Part, Part 3A and Part 4, which may include the following: (i) details of each approved policy (including the premium payable and any endorsements) provided by the designated insurer to an employer or a platform operator, as the case may be; [Act 30 of 2024 wef 15/10/2024] (ii) the details and status of the processing of claims for compensation under this Act, and the settlement of claims under common law for damages relating to work injuries, for each employee of an employer or each platform worker of a platform operator (as the case may be) insured under any approved policy provided by the designated insurer; [Act 30 of 2024 wef 15/10/2024] (iii) the details and status mentioned in sub‑paragraphs (i) and (ii) relating to — (A) any approved policy mentioned in section 23 of the repealed Act provided by the designated insurer before 1 September 2020; or (B) any insurance policy mentioned in section 26(3) provided by the designated insurer whether before, on or after the date the designated insurer is designated as a designated insurer; [Act 30 of 2024 wef 15/10/2024] ( b ) require such information or returns to be submitted through an electronic system or in any other form and manner, and within the time, specified by the Commissioner; and ( c ) disclose or publish to any designated insurer the information specified in subsection (1A). [Act 30 of 2024 wef 15/10/2024] (1A) The information mentioned in subsection (1)( c ) is the following: ( a ) in relation to a designated employer’s insurer — (i) any information or returns obtained under subsection (1)( a ) as the Commissioner thinks necessary for the purposes of this Act; and (ii) the following information derived from any information under the control of the Ministry of Manpower: (A) workforce data, including size and aggregated payroll for all, or any class of, employees of each employer insured under an approved employee insurance policy; (B) work injury claims data for all, or any class of, employees of each employer insured under an approved employee insurance policy; ( b ) in relation to a designated PO’s insurer — (i) any information or returns obtained under subsection (1)( a ) as the Commissioner thinks necessary for the purposes of this Act; and (ii) the following information derived from any information under the control of the Ministry of Manpower: (A) workforce data, including size and aggregated earnings for all, or any class of, platform workers providing any platform service for each platform operator insured under an approved platform worker insurance policy; (B) work injury claims data for all, or any class of, platform workers providing any platform service for each platform operator insured under an approved platform worker insurance policy. [Act 30 of 2024 wef 15/10/2024] (2) Section 2(3) of the Public Sector (Governance) Act 2018 applies in determining the information under the control of the Ministry of Manpower mentioned in subsection (1A)( a )(ii) and ( b )(ii). [Act 30 of 2024 wef 15/10/2024] (3) No liability shall lie against the Government, the Commissioner or any public officer or individual appointed under section 6(1) for any loss or damage suffered by any person by reason of any error or omission in any information or returns disclosed or published, in good faith and with reasonable care, under subsection (1)( c ).


document_id: wica-2019
provision_ref: s34
chapter: PART 3 - WORK INJURY COMPENSATION INSURANCE
section: 34
title: Cancellation or suspension of designation and financial penalty
content:
34. —(1) Where a designated insurer fails to comply with section 32(1), the Commissioner may do all or any of the following: ( a ) cancel or suspend the designation of the designated insurer as a designated employer’s insurer or designated PO’s insurer (as the case may be) for a period specified by the Commissioner; [Act 30 of 2024 wef 15/10/2024] ( b ) order the designated insurer to pay a financial penalty of an amount not exceeding $30,000 for each such failure that is not an offence under this Act; ( c ) give a direction to the designated insurer not to enter into, renew or extend any approved employee insurance policy or approved platform worker insurance policy (as the case may be) for a specified period. [Act 30 of 2024 wef 15/10/2024] (2) The Commissioner must, before taking any action under subsection (1), give notice to the designated insurer concerned — ( a ) stating the action that the Commissioner intends to take; and ( b ) specifying the time within which the designated insurer may make written representations to the Commissioner with respect to the proposed action. (3) Where a designated insurer makes any representations under subsection (2)( b ), the Commissioner must consider the representations and notify the designated insurer of the Commissioner’s decision. (4) The order under subsection (1)( b ) must specify the date by which the financial penalty is to be paid. (5) A person who fails to pay any financial penalty imposed under this section by the date specified under subsection (4) is liable to pay interest on the amount unpaid at the same rate as for a judgment debt. (6) Any financial penalty or interest payable under this section is recoverable by the Commissioner, or any person duly authorised by the Commissioner, as a debt due to the Government. (7) The Commissioner may waive or remit the whole or any part of any financial penalty imposed, or interest due, under this section. (8) Any financial penalty or interest collected under this section must be paid into the Consolidated Fund. (9) In any proceedings for the recovery of any financial penalty or interest due on any financial penalty, a certificate of the Commissioner certifying the amount mentioned in paragraph ( a ) or ( b ) is prima facie evidence of, as the case may be — ( a ) the amount of the financial penalty; or ( b ) the amount of interest due on the financial penalty. (10) A designated insurer that is aggrieved by a decision of the Commissioner under subsection (1) may, within the prescribed time, appeal to the Minister whose decision is final.


document_id: wica-2019
provision_ref: s34A
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34A
title: Interpretation of this Part
content:
34A. In this Part, “work stage 1” and “work stage 2”, in relation to a platform service, have the meanings given by paragraph 1(3) of Part 1 of the Fifth Schedule. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34B
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34B
title: Application of Part 2
content:
34B. Part 2 of this Act applies in relation to a platform operator and platform worker as it does in relation to an employer and employee, with the following modifications: ( a ) the sections in the second column of the following table (called the applicable section) apply in lieu of the sections in the first column (called the replaced section), and any reference in any other written law to a replaced section is to be read as a reference to the applicable section: First column Replaced section Second column Applicable section (i) 7 34D (ii) 8 34F (iii) 10 34G (iv) 11 34H (v) 12 34I (vi) 14 34K (vii) 15 34L (viii) 16 34M (ix) 17 34N; ( b ) in sections 18, 19, 20, 21 and 23, any reference in the first column of the following table is to be read as the corresponding reference in the second column of the table: First column Reference Second column Corresponding reference (i) an employee a platform worker (ii) an employer a platform operator (iii) an employee’s employment with an employer a platform worker’s provision of a platform service for a platform operator under a platform work agreement (iv) a contract of service a platform work agreement (v) an accident that arises, or is deemed to arise, out of or in the course of an employee’s employment an accident that arises, or is deemed to arise, out of or in the course of a platform worker providing a platform service for a platform operator under a platform work agreement (vi) a work injury to an employee a work injury to a platform worker (vii) the earnings of an employee the earnings of a platform worker (viii) an employee’s average monthly earnings or AME a platform worker’s average daily earnings or ADE; ( c ) sections 3 and 13 do not apply to platform operators or platform workers. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34C
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34C
title: Application of Part 3
content:
34C. Part 3 of this Act applies in relation to a platform operator and platform worker as it does in relation to an employer and employee, with the following modifications: ( a ) the sections in the second column of the following table (called the applicable section) apply in lieu of the sections in the first column (called the replaced section), and any reference in any other written law to a replaced section is to be read as a reference to the applicable section: First column Replaced section Second column Applicable section (i) 24 34O (ii) 25 34P; ( b ) in sections 28 and 29, any reference in the first column of the following table is to be read as the corresponding reference in the second column of the table: First column Reference Second column Corresponding reference (i) an employee a platform worker (ii) an employer a platform operator (iii) an employee’s employment with an employer a platform worker’s provision of a platform service for a platform operator under a platform work agreement (iv) a contract of service a platform work agreement (v) an accident that arises, or is deemed to arise, out of or in the course of an employee’s employment an accident that arises, or is deemed to arise, out of or in the course of a platform worker providing a platform service for a platform operator under a platform work agreement (vi) a work injury to an employee a work injury to a platform worker (vii) the earnings of an employee the earnings of a platform worker (viii) an employee’s average monthly earnings or AME a platform worker’s average daily earnings or ADE (ix) an employer’s liability a platform operator’s liability (x) an employee’s claim a platform worker’s claim (xi) First Schedule Fifth Schedule. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34D
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34D
title: Platform operator’s liability to compensate for work injury
content:
34D. —(1) Subject to subsection (2) and section 34E, where personal injury is caused to a platform worker by an accident arising out of and in the course of the platform worker’s provision of a platform service for a platform operator, that platform operator is liable to pay compensation under this Act. (2) A platform operator is not liable to pay compensation in respect of any of the following: ( a ) any injury to a platform worker resulting from an accident if — (i) it is proven that the injury to the platform worker is directly attributable to the platform worker being, at the time of the accident, under the influence of alcohol or a drug; (ii) it is proven that the platform worker, at the time of the accident, contravened or did not comply with any written law specified in Part 1 of the Sixth Schedule in relation to the platform worker’s use of any vehicle in the course of providing a platform service for the platform operator; or (iii) all of the following are proven: (A) the platform worker used any vehicle in the course of providing a platform service for the platform operator; (B) the platform worker, at the time of the accident, contravened or did not comply with any written law specified in Part 2 of the Sixth Schedule in relation to the vehicle mentioned in sub-paragraph (A); (C) the contravention or non-compliance mentioned in sub-paragraph (B) caused or contributed to the accident; ( b ) deliberate self-injury or the deliberate aggravation of an accidental injury by a platform worker; ( c ) any injury to a platform worker suffered in a fight or an assault on one or more persons unless — (i) the platform worker did not assault any other person in the fight or, if the platform worker did assault any person, it was done in the exercise of the right of private defence in accordance with sections 97 to 106A of the Penal Code 1871; or (ii) the platform worker was, at the time when the injury was suffered — (A) breaking up or preventing the fight or assault; or (B) in the course of safeguarding life or any property of any person or maintaining law and order, under any instruction or with the consent (express or implied) of the platform operator. (3) In subsection (2)( a )(i), “drug” has the meaning given by section 7(3)( a ) or ( b )(i). (4) For the purposes of this Act, an accident arising in the course of a platform worker’s provision of a platform service under a platform work agreement with a platform operator is deemed, in the absence of evidence to the contrary, to have arisen out of the platform worker’s provision of the platform service for the platform operator. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34E
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34E
title:
Platform operator’s liability — platform worker performing tasks for multiple platform operators at time of accident

content:
34E. —(1) Subsection (2) applies where personal injury is caused to a platform worker by an accident arising out of and in the course of the platform worker providing any one or more platform services for 2 or more platform operators concurrently. (2) In the circumstances mentioned in subsection (1), the platform operator or platform operators liable to pay compensation under this Act are determined as follows: ( a ) all of the platform operators for whom the platform worker, at the time of the accident, was at work stage 2 of any of the platform services that the platform worker was providing at that time; ( b ) where, at the time of the accident, the platform worker was not at work stage 2 of any platform service for any platform operator — all of the platform operators for whom the platform worker was at work stage 1 of any of the platform services that the platform worker was providing at that time. (3) Where 2 or more platform operators are liable to pay compensation pursuant to subsection (2), the proportion of liability of each platform operator is determined by the proportion which the platform worker’s earnings with that platform operator during the lookback period bears to the aggregate of the platform worker’s earnings during the lookback period with all platform operators who are liable to pay compensation pursuant to that subsection. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34F
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34F
title: Certain accidents deemed to be in course of provision of platform service
content:
34F. —(1) An accident is deemed to arise out of and in the course of a platform worker’s provision of a platform service for a platform operator if the accident happens to the platform worker while he or she — ( a ) is at work providing the platform service; and ( b ) is taking steps, on an actual or supposed emergency — (i) to rescue or protect any person who is, or is thought to be or possibly to be, injured or imperilled; or (ii) to avert or minimise damage to or loss of property. (2) Despite an accident happening to the platform worker while the platform worker is acting in contravention of any written law or other regulations applicable to the provision of a platform service for, or of any instructions given by or on behalf of, the platform operator, the accident is deemed to arise out of and in the course of the platform worker’s provision of the platform service for the platform operator if — ( a ) the accident would have been taken to have arisen out of and in the course of the platform worker’s provision of the platform service for the platform operator, had the platform worker not acted in that manner; and ( b ) that act was done for the purposes and in connection with the provision of the platform service for the platform operator. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34G
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34G
title: Platform operator’s liability to compensate for diseases
content:
34G. —(1) Subject to subsections (2), (3), (4) and (5) and section 34H, where the incapacity or death of a platform worker ( A ) results from a disease contracted in any of the following circumstances, compensation is payable as if the disease were a work injury and this Act applies accordingly: ( a ) A , while working in any specified occupation in the course of providing a platform service for a platform operator, contracts an occupational disease specified for that occupation; ( b ) A , after ceasing to work in a specified occupation in the course of providing a platform service for a platform operator, contracts an occupational disease specified for that occupation within the limitation period for that disease; ( c ) A contracts, on or after the date of commencement of paragraph 17 of the Ninth Schedule to the Platform Workers Act 2024, a disease that — (i) is not specified in the first column of the Second Schedule; and (ii) is directly attributable to an exposure to a chemical or biological agent and the exposure arises out of and in the course of the platform worker’s provision of a platform service for a platform operator. (2) When a platform worker enters into a platform work agreement with a platform operator under which the platform worker works or will work in any specified occupation in the course of providing a platform service for the platform operator, the platform worker must, if requested to do so by the platform operator, submit to examination by a health professional paid for by the platform operator. (3) No compensation is payable by a platform operator under this section in respect of the incapacity or death of a platform worker resulting from — ( a ) an occupational disease specified in the first column of the Second Schedule for an occupation if — (i) the platform worker contracts the occupational disease on or after the date of commencement of paragraph 17 of the Ninth Schedule to the Platform Workers Act 2024; and (ii) the platform worker’s incapacity commences or death happens after the end of the limitation period for that occupational disease; or ( b ) a disease mentioned in subsection (1)( c ), if the platform worker’s incapacity commences or death happens more than one year after the platform worker ceases to be exposed to the chemical or biological agent mentioned in that subsection. (4) Subsection (3) does not apply to the death of a platform worker where the death is preceded, whether immediately or not, by any period of incapacity in respect of which compensation is payable under subsection (1). (5) In this section, the limitation period for an occupational disease specified for an occupation is the period specified in the third column of the Second Schedule for that disease, starting on the day after the platform worker ceased to work in that occupation in the course of providing a platform service for a platform operator. (6) In this section, “specified occupation” means an occupation specified in the second column of the Second Schedule. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34H
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34H
title: Compensation for disease — date of accident
content:
34H. —(1) For the purposes of calculating the platform worker’s ADE for the computation of compensation payable by a platform operator under section 34G(1)( a ), ( b ) or ( c ), the date of the accident is taken to be the earliest of the following dates: ( a ) the last day that the platform worker provides a platform service for the platform operator mentioned in section 34G(1)( a ), ( b ) or ( c ), as the case may be; ( b ) the date of commencement of the incapacity of the platform worker; ( c ) the date of the platform worker’s death. (2) For all other purposes of this Act in relation to compensation payable under section 34G(1)( a ), ( b ) or ( c ), the date of the accident is taken to be — ( a ) the earlier of — (i) the date of commencement of the incapacity of the platform worker; or (ii) the date on which a health professional certifies that, in the health professional’s opinion, the platform worker is suffering from the disease mentioned in section 34G(1); or ( b ) if there has been no previous period of incapacity — the date of the platform worker’s death. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34I
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34I
title: Compensation payable to platform worker for disease limited to work injuries
content:
34I. Except as provided in sections 11A, 34D, 34F, 34G and 34H, no compensation is payable to a platform worker in respect of any disease unless the disease is directly attributable to a specific work injury. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34J
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34J
title: Claims involving provision of platform service under illegal platform work agreement
content:
34J. Despite a claimant providing a platform service for a platform operator under a platform work agreement that was illegal at the time when the accident causing the injury happened, the Commissioner or the court may, having regard to all the circumstances of the case, deal with the case, or direct the platform operator’s insurer to deal with the case, as if the claimant had at that time been providing the platform service for the platform operator under a valid platform work agreement. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34K
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34K
title: Computation of compensation for platform worker
content:
34K. The compensation for a platform worker under this Part is to be computed in accordance with the Fifth Schedule. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34L
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34L
title: Assessment of permanent incapacity or current incapacity of platform worker
content:
34L. —(1) For the purposes of determining the permanent incapacity or current incapacity of a platform worker resulting from the platform worker’s work injury, an accepted medical report is evidence of the platform worker’s — ( a ) permanent total incapacity or permanent partial incapacity, assessed by the health professional who made the report at any time after the date of the accident that caused the work injury; or ( b ) current total incapacity or current partial incapacity, at the time of the assessment by the health professional who made the report, assessed at the earliest opportunity but not earlier than 6 months after the date of the accident that caused the work injury. (2) Subsection (1)( b ) does not apply to any incapacity resulting from the diseases mentioned in section 34G(1). [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34M
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34M
title: Compensation for medical treatment received by platform worker
content:
34M. —(1) A platform operator is liable to pay compensation in accordance with paragraph 5 of the Fifth Schedule for medical treatment received by a platform worker for a work injury that — ( a ) is provided by a health professional or at an approved medical institution; and ( b ) is certified by any attending health professional to be necessary. (2) The compensation payable under subsection (1) for medical treatment received at an approved medical institution by the platform worker must be paid directly to the proprietor of the approved medical institution, after deducting any amount previously paid by or on behalf of the platform worker to the proprietor of the approved medical institution for the medical treatment. (3) The proprietor of an approved medical institution is entitled to recover the compensation (less the deductions) mentioned in subsection (2) directly from the platform operator. (4) Where the cost of any medical treatment that the platform operator is liable to pay under subsection (1) is paid by the platform worker or by any other person on behalf of the platform worker, the platform worker or that other person is entitled to recover the cost from the platform operator. (5) Where any person has paid any compensation under this section in respect of a claimant’s work injury as the claimant’s platform operator or platform operator’s insurer (called in this section the payer) or any ex gratia payment has been made under section 70 in respect of such compensation, the Commissioner may order the claimant to reimburse the payer or the Commissioner (as the case may be) for such payment if — ( a ) the claim in respect of that work injury is withdrawn, and is not resumed, under section 41, as modified by section 35B; ( b ) an order of refusal of compensation has been made or has taken effect, in respect of that work injury; or ( c ) the payment was made on the basis of any error or any false or misleading information. (6) Subsection (5) applies to the payer only if — ( a ) the payer applies to the Commissioner for the reimbursement within the prescribed time and in the form and manner required by the Commissioner; and ( b ) the claimant has been given a reasonable opportunity to make representations to the Commissioner. (7) Any reimbursement ordered under subsection (5) is recoverable directly from the claimant. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34N
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34N
title: Compensation for temporary incapacity of platform worker
content:
34N. —(1) Where any work injury results in the temporary incapacity of a platform worker, the compensation the platform operator is liable under this Act to pay to the platform worker is a periodical payment that is — ( a ) an amount specified in the Fifth Schedule; and ( b ) payable in accordance with subsection (2). (2) For the purposes of subsection (1)( b ), a periodical payment is payable — ( a ) where the platform operator receives, no later than the 14th day of a calendar month (called in this subsection the relevant day), a certificate of a health professional in respect of the work injury to the platform worker — not later than 16 days after the relevant day; or ( b ) where the platform operator receives, after the relevant day but no later than the last day of a calendar month, a certificate of a health professional in respect of the work injury to the platform worker — not later than the 13th day of the following calendar month. (3) The Commissioner may review any periodical payment for temporary incapacity on the application of the platform worker, the platform operator or the platform operator’s insurer, if accompanied by a certificate of a health professional that there has been a change in the condition of the platform worker. (4) Subject to the provisions of this Act, the Commissioner may, on a review under subsection (3), direct any periodical payment to the platform worker for temporary incapacity to be continued, increased, decreased or ended. (5) Any periodical payments for temporary incapacity may be commuted into a lump sum, of an amount agreed between the platform operator liable to make the periodical payments and the platform worker, after — ( a ) the periodical payments have continued for not less than 6 months; and ( b ) the Commissioner consents. (6) Where any person has paid any compensation under this section in respect of a claimant’s work injury as the claimant’s platform operator or platform operator’s insurer (called in this section the payer) or any ex gratia payment has been made under section 70 in respect of such compensation, the Commissioner may order the claimant to refund such payment if — ( a ) the claim in respect of that work injury is withdrawn, and is not resumed, under section 41, as modified by section 35B; ( b ) an order of refusal of compensation has been made or has taken effect, in respect of that work injury; or ( c ) the payment was made on the basis of any error or any false or misleading information. (7) Subsection (6) applies to the payer only if — ( a ) the payer applies to the Commissioner for the refund within the prescribed time and in the form and manner required by the Commissioner; and ( b ) the claimant has been given a reasonable opportunity to make representations to the Commissioner. (8) Any refund ordered under subsection (6) is recoverable directly from the claimant. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34O
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34O
title: Platform operator must be insured against liabilities under Act in relation to platform workers
content:
34O. —(1) Every platform operator must insure and maintain insurance under one or more approved platform worker insurance policies with one or more designated PO’s insurers against all liabilities that the platform operator may incur under this Act in respect of every platform worker who provides a platform service for the platform operator. (2) Subsection (1) applies subject to any minimum prescribed amount for which a platform operator must be insured in respect of any of the platform operator’s liabilities under this Act. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s34P
chapter: PART 3A - APPLICATION OF PARTS 2 AND 3 TO PLATFORM
section: 34P
title: Offences by platform operator in relation to insurance
content:
34P. —(1) A platform operator that contravenes section 34O(1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (2) For the purposes of subsection (1)( b ), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of an offence under subsection (1); and ( b ) has been convicted, or found guilty, of any of the following offences on at least one other occasion: (i) an offence under subsection (1); (ii) an offence under section 25(1); (iii) an offence under section 35(1)( b ) of the repealed Act, whether the conviction was before, on or after 1 September 2020. (3) It is not a defence to a charge for an offence under subsection (1) that the platform operator did not know — ( a ) the number of platform workers who provide a platform service for the platform operator, or the extent of the platform operator’s liability, that the platform operator must be insured against; ( b ) that any insurance policy entered into or maintained was not an approved platform worker insurance policy; or ( c ) that the insurer was not a designated PO’s insurer, unless the platform operator had taken all reasonable steps to ascertain those matters. (4) A platform operator that, for the purpose of defraying or partly defraying the cost of insurance required under section 34O, makes any deduction from the earnings of a platform worker who provides a platform service for the platform operator shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (5) For the purposes of subsection (4)( b ), “repeat offender”, in relation to an offence under subsection (4), means a person who — ( a ) is convicted, or found guilty, of an offence under subsection (4); and ( b ) has been convicted, or found guilty, of any of the following offences on at least one other occasion: (i) an offence under subsection (4); (ii) an offence under section 25(4); (iii) an offence under section 35(1)( a ) of the repealed Act, whether the conviction was before, on or after 1 September 2020. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s35
chapter: PART 4 - COMPENSATION PROCESS
section: 35
title: Deemed claim when employer or platform operator has notice of accident
content:
35. —(1) A claim for compensation under this Act is deemed to be made — ( a ) by an employee when the employer first has notice of an accident giving rise to the employee’s work injury; or ( b ) by a platform worker when the platform operator first has notice of an accident giving rise to the platform worker’s work injury. [Act 30 of 2024 wef 01/01/2025] (2) An employer has notice of an accident for the purposes of this Act when either of the following events occurs: ( a ) the employee informs any of the following persons of the date and place of the accident and the cause of the injury: (i) the employer; (ii) the foreman or any other person under whose supervision the employee was employed at the time of the accident; (iii) any person designated for the purpose by the employer; ( b ) the employer has knowledge of the accident by any other means. (2A) A platform operator has notice of an accident for the purposes of this Act when either of the following events occurs: ( a ) the platform worker informs any of the following persons of the date and place of the accident and the cause of the injury: (i) the platform operator; (ii) any person designated for the purpose by the platform operator; ( b ) the platform operator has knowledge of the accident by any other means. [Act 30 of 2024 wef 01/01/2025] (3) Every employer or platform operator must, within the prescribed time after the employer or platform operator (as the case may be) first has notice of an accident giving rise to work injury to the claimant, give notice of the accident to — ( a ) the Commissioner in the form and manner specified by the Commissioner; and ( b ) the employer’s insurer or platform operator’s insurer (as the case may be) in writing. [Act 30 of 2024 wef 01/01/2025] (4) An employee must, as soon as possible after sustaining a work injury in an accident, notify the employer or any of the other persons mentioned in subsection (2)( a ). (4A) A platform worker must, as soon as possible after sustaining a work injury in an accident, notify the platform operator or any of the other persons mentioned in subsection (2A)( a ). [Act 30 of 2024 wef 01/01/2025] (5) A claim under this Act is deemed to be withdrawn if the employer or platform operator (as the case may be) of the claimant does not have notice of the claimant’s accident at the end of whichever period specified in paragraph ( a ), ( b ) or ( c ) that ends last: ( a ) one year after the date of the claimant’s accident; ( b ) if the claimant dies within the period mentioned in paragraph ( a ), one year after the date of the claimant’s death; ( c ) any period ending on a later date specified under subsection (6). [Act 30 of 2024 wef 01/01/2025] (6) Subject to subsection (7), the Commissioner may specify a period for the purposes of subsection (5)( c ) only if the Commissioner is satisfied that the delay was caused by mistake, absence from Singapore or other reasonable cause. (7) The Commissioner must not specify a period for the purposes of subsection (5)( c ) if the Commissioner is satisfied that the delay was caused by an action for damages being instituted by or on behalf of the claimant in any court for compensation in respect of that accident. [Act 30 of 2024 wef 01/01/2025] (8) An employer or a platform operator who fails to give notice of an accident to the Commissioner in accordance with subsection (3)( a ) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000; or ( b ) if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 30 of 2024 wef 01/01/2025] (9) A person is a repeat offender in relation to an offence under subsection (8) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of — ( a ) an offence under subsection (8); or ( b ) an offence under regulation 3(5) of the Work Injury Compensation Regulations (Cap. 354, Rg 1) as in force before 1 September 2020, whether the conviction was before, on or after 1 September 2020. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s35A
chapter: PART 4 - COMPENSATION PROCESS
section: 35A
title: Directions by Commissioner — processing of claims
content:
35A. —(1) This section applies where — ( a ) an accident gives rise to an individual’s work injury; and ( b ) a claim for compensation is deemed to be made by the individual under section 35. (2) Where the Commissioner is satisfied that, at the time of the accident, the individual was at work as an employee only, the Commissioner may direct that the claim be dealt with under section 36. (3) Where the Commissioner is satisfied that, at the time of the accident, the individual was a platform worker at work providing a platform service for any platform operator only, the Commissioner may do any of the following: ( a ) direct a platform operator’s insurer for an applicable platform operator to process the claim under Division 2A of this Part; ( b ) give notice that the Commissioner will process the claim under Division 3 of this Part, as modified by section 35B, and direct all or any of the following persons to do anything to facilitate the processing of the claim by the Commissioner: (i) an applicable platform operator; (ii) a platform operator’s insurer for that applicable platform operator. (4) Where the Commissioner is satisfied that, at the time of the accident, the individual was concurrently at work as an employee and as a platform worker, the Commissioner may do any of the following: ( a ) where the Commissioner is satisfied that the individual’s AME as an employee is higher than the individual’s AME as a platform worker — (i) direct that, despite any other provision of this Act, the individual’s claim be treated as a claim for compensation made by an employee; and (ii) do anything under subsection (2); ( b ) where the Commissioner is satisfied that the individual’s AME as a platform worker is higher than the individual’s AME as an employee — (i) direct that, despite any other provision of this Act, the individual’s claim be treated as a claim for compensation made by a platform worker; and (ii) do anything under subsection (3); ( c ) give notice to the following persons that the Commissioner will process the individual’s claim in accordance with this Act and require all or any of those persons to do any thing to facilitate the processing of the individual’s claim by the Commissioner: (i) an applicable employer and an employer’s insurer for that applicable employer; (ii) an applicable platform operator and a platform operator’s insurer for that applicable platform operator. (5) The Commissioner must process a claim for compensation under this Act in respect of a platform worker’s work injury in accordance with Division 3 of this Part, as modified by section 35B, if the Commissioner — ( a ) is satisfied that there is no platform operator’s insurer insuring the platform operator’s liability under this Act in respect of the claimant’s work injury; or ( b ) decides to process the claim in any particular case, including under section 47H( b ) or 50(2)( ba ). (6) In this section — “applicable employer”, in relation to an individual, means any employer of the individual at the time of the accident mentioned in subsection (1)( a ); “applicable platform operator”, in relation to an individual, means any platform operator for whom the individual was providing a platform service at the time of the accident mentioned in subsection (1)( a ). [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s35B
chapter: PART 4 - COMPENSATION PROCESS
section: 35B
title: Application of Part 4 to platform operators and platform workers
content:
35B. Part 4 of this Act applies to platform operators and platform workers as it does to employers and employees, with the modification that sections 37, 38, 40, 41, 42, 43, 48, 49, 51 to 63 and 64 (except section 64(1)( b )(ii)) apply in relation to a platform operator or platform worker as if any reference mentioned in the first column of the following table is to the corresponding reference mentioned in the second column of the table: First column Reference Second column Corresponding reference ( a ) an employee a platform worker ( b ) an employer a platform operator ( c ) an employee’s employment with an employer a platform worker’s provision of a platform service for a platform operator under a platform work agreement ( d ) a contract of service a platform work agreement ( e ) an accident that arises, or is deemed to arise, out of or in the course of an employee’s employment an accident that arises, or is deemed to arise, out of or in the course of a platform worker providing a platform service for a platform operator under a platform work agreement ( f ) a work injury to an employee a work injury to a platform worker ( g ) the earnings of an employee the earnings of a platform worker ( h ) an employee’s average monthly earnings or AME a platform worker’s average daily earnings or ADE ( i ) an employer’s insurer a platform operator’s insurer ( j ) an employer’s insurance policy a platform operator’s insurance policy ( k ) an employer’s liability a platform operator’s liability ( l ) an employee’s claim a platform worker’s claim ( m ) First Schedule Fifth Schedule. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s36
chapter: PART 4 - COMPENSATION PROCESS
section: 36
title: Processing of claim by employer’s insurer or Commissioner
content:
36. —(1) Except where a claim for compensation under this Act is processed by the Commissioner, the employer’s insurer must process the claim in accordance with Division 2 of this Part. (2) The Commissioner must process a claim for compensation under this Act in respect of an employee’s work injury in accordance with Division 3 of this Part if the Commissioner — ( a ) is satisfied that there is no employer’s insurer insuring the employer’s liability in respect of the employee’s work injury under this Act; or ( b ) decides to process the claim in any particular case, including under section 45( b ) or 50(2)( b ).


document_id: wica-2019
provision_ref: s37
chapter: PART 4 - COMPENSATION PROCESS
section: 37
title: Duties in relation to medical examinations
content:
37. —(1) Where an employee is injured by an accident arising out of and in the course of the employee’s employment with an employer, the employer must offer the employee a medical examination by a health professional before the expiry of the 5th day after the employer first has notice of the accident. (2) An employee must, if required by the employer or the Commissioner to undergo one or more medical examinations for the purpose of processing the employee’s claim under this Act, submit to the medical examinations. (3) The medical examinations mentioned in subsection (1) or (2) must be provided to the employee — ( a ) free of charge, at the employer’s expense; and ( b ) in accordance with regulations made under section 82 (if any). (4) The employee’s right to compensation under this Act is suspended if — ( a ) the employee fails to submit to a medical examination reasonably required by the employer or the Commissioner under subsection (2) — until the employee submits to the medical examination; or ( b ) the employee cannot be contacted to attend a medical examination because the employee has not informed the employer about his or her contact details or change in contact details — until the employee so informs the employer and submits to the medical examination. (5) Where a right to compensation is suspended under subsection (4), no compensation is payable in respect of the period of suspension. (6) The Commissioner may lift the suspension under subsection (4) and direct the payment of any compensation that was withheld during that period if — ( a ) the employee undergoes or has undergone any other medical examination approved by the Commissioner; ( b ) the employee dies without submitting to the medical examination required of him or her; or ( c ) the Commissioner is satisfied that there was reasonable cause for the employee’s failure to submit to the medical examination. (7) If the employee’s failure to submit to a medical examination required by the Commissioner under subsection (2) continues beyond 3 months after the date fixed for the medical examination, no compensation is payable in respect of the employee’s work injury unless — ( a ) the work injury results in the death of the employee; or ( b ) the Commissioner is satisfied that there was reasonable cause for the employee’s failure to do so.


document_id: wica-2019
provision_ref: s38
chapter: PART 4 - COMPENSATION PROCESS
section: 38
title: Refusal of medical treatment
content:
38. Where an employee refuses treatment by a health professional or fails to carry out or deliberately disregards the instructions of a health professional for the employee’s treatment, the Commissioner may direct as follows: ( a ) where the employee is receiving any periodical payment of compensation for temporary incapacity under section 17 — (i) that those payments be suspended until the employee undergoes the treatment or complies with those instructions; and (ii) where the Commissioner is satisfied that the duration of the employee’s incapacity has been prolonged by the employee’s refusal, failure or disregard — that those payments also be restricted to such period, calculated from the date of the accident, as the incapacity of the employee might reasonably have been expected to have lasted, had the employee undergone the treatment and complied with those instructions; ( b ) where the employee has been assessed to have suffered permanent incapacity or current incapacity and the Commissioner is satisfied that the incapacity has been aggravated by the employee’s refusal, failure or disregard — that compensation be paid to the employee appropriate to such incapacity as the employee might reasonably have been expected to have suffered if the employee had undergone the treatment and complied with those instructions.


document_id: wica-2019
provision_ref: s39
chapter: PART 4 - COMPENSATION PROCESS
section: 39
title: Claim for permanent incapacity or current incapacity
content:
39. —(1) Any employee or platform worker who has made a deemed claim for a work injury under section 35 and who wishes to claim compensation for permanent incapacity or current incapacity arising from that work injury must make the claim, not later than one year after the date of the accident, for permanent incapacity or current incapacity. [Act 30 of 2024 wef 01/01/2025] (2) Subsection (1) does not apply — ( a ) in relation to an employee who has made a deemed claim for a work injury — where the employer’s insurer or the Commissioner notifies the employee that the employee is being assessed for permanent incapacity or current incapacity; or ( b ) in relation to a platform worker who has made a deemed claim for a work injury — where the platform operator’s insurer or the Commissioner notifies the platform worker that the platform worker is being assessed for permanent incapacity or current incapacity. [Act 30 of 2024 wef 01/01/2025] (2) Subsection (1) does not apply where the employer’s insurer or the Commissioner notifies the employee that the employee is being assessed for permanent incapacity or current incapacity. (3) A claim mentioned in subsection (1) must be — ( a ) made in the form and manner required by the Commissioner; and ( b ) accompanied by a written statement from a health professional certifying that, in the health professional’s opinion, the injury to the employee or platform worker (as the case may be) could give rise to permanent incapacity. [Act 30 of 2024 wef 01/01/2025] (4) Subject to subsection (2), compensation for permanent incapacity or current incapacity is not payable to an employee or a platform worker who fails to make a claim in accordance with subsections (1) and (3). [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s40
chapter: PART 4 - COMPENSATION PROCESS
section: 40
title: Employer must cooperate with employer’s insurer
content:
40. —(1) In any proceedings in respect of an employer’s liability to pay compensation under this Act, the employer must provide all reasonable assistance to the employer’s insurer to enable the employer’s insurer to conduct the proceedings or the defence in those proceedings. (2) If the employer fails to comply with subsection (1), the employer is liable to indemnify the employer’s insurer for the amount paid or deposited by the employer’s insurer under section 18 as a result of the proceedings.


document_id: wica-2019
provision_ref: s41
chapter: PART 4 - COMPENSATION PROCESS
section: 41
title: Withdrawal and resumption of claim
content:
41. —(1) An employee may withdraw the employee’s claim under this Act by giving a notice of withdrawal, in the manner required by the Commissioner, before any order of compensation is made or takes effect. (2) Despite having given a notice of withdrawal under subsection (1) or a deemed withdrawal under section 35(5), an employee may resume the claim for compensation for work injury arising from an accident — ( a ) not later than one year after the date of the accident — by giving a notice of resumption of the claim to the employer’s insurer or the Commissioner, as the case may be; or ( b ) more than one year after the date of the accident — if the Commissioner approves the employee’s application, made in the manner required by the Commissioner, to resume the claim. (3) Subject to subsection (4), the Commissioner may approve the resumption of the claim under subsection (2)( b ) only if the Commissioner is satisfied that the delay was caused by mistake, absence from Singapore or other reasonable cause. (4) The Commissioner must not give the approval mentioned in subsection (2)( b ) if the Commissioner is satisfied that the delay was caused by an action for damages being instituted by or on behalf of the employee in any court for compensation in respect of that accident.


document_id: wica-2019
provision_ref: s42
chapter: PART 4 - COMPENSATION PROCESS
section: 42
title: No compensation if claim withdrawn
content:
42. Compensation is not payable to an employee while the employee’s claim — ( a ) is deemed to be withdrawn under section 35(5); or ( b ) is withdrawn under section 41(1).


document_id: wica-2019
provision_ref: s43
chapter: PART 4 - COMPENSATION PROCESS
section: 43
title: Representative of claimant, employee, employer, employer’s insurer, etc.
content:
43. —(1) Where this Act requires or permits any direction, notice, document or information to be given to or by a claimant, an employee, an employer, an employer’s insurer or a principal ( A ), the direction, notice, document or information may be given to or by A ’s representative. (2) Where A is required or permitted by or under this Act to — ( a ) attend a pre-hearing conference or hearing (other than an appearance for examination as a witness); ( b ) make, withdraw or resume any claim or make or withdraw any objection; or ( c ) make any decision or do any act in relation to the processing of compensation, settlement or determination of any claim under this Act, the attendance, decision or act may be made or done by A ’s representative. (3) For the purposes of subsection (1) or (2), A ’s representative is any of the following: ( a ) an advocate and solicitor duly authorised to act on behalf of A ; ( b ) where A lacks capacity within the meaning of the Mental Capacity Act 2008 — (i) any donee of a lasting power of attorney which is granted by A under the Mental Capacity Act 2008 on whom A has conferred authority to manage A ’s property and affairs, or matters relating to compensation under this Act; (ii) any deputy who is appointed or deemed to be appointed for A under the Mental Capacity Act 2008 and is conferred power to manage A ’s property and affairs, or matters relating to compensation under this Act; or (iii) if A is a claimant or an employee, any relative of A , with the leave of the Commissioner; ( c ) where A is dead — (i) the executor or administrator of A ’s estate; or (ii) with the leave of the Commissioner, any relative of A , whether or not grant of representation of the estate has been obtained; ( d ) where A is an employer or a principal — (i) a person in A ’s permanent and exclusive employment authorised by A ; or (ii) the employer’s insurer in respect of A ; ( e ) where A is an employer’s insurer, any representative authorised by A ; ( f ) with the leave of the Commissioner, any other person authorised in writing by A to act on A ’s behalf. (4) Where the Government is a party to any proceedings under this Act, the following persons are representatives of the Government: ( a ) the head of the department by, in or under which the employee was employed; ( b ) any officer of that department, authorised in writing by the head of that department; ( c ) the Attorney-General or any person authorised by the Attorney‑General. Division 2 &#x2014; Processing by employer’s insurer


document_id: wica-2019
provision_ref: s44
chapter: PART 4 - COMPENSATION PROCESS
section: 44
title: Employer’s insurer’s process
content:
44. —(1) The employer’s insurer must process the employer’s liability to pay compensation in accordance with this Act expeditiously — ( a ) on receipt of a notice of an accident from the employer under section 35(3)( b ); ( b ) on receipt of a notice of resumption of the claim under section 41(2)( a ); or ( c ) on the Commissioner’s direction. (2) If the employer’s insurer is of the view that the employer’s insurance policy with the employer’s insurer does not insure the employer’s liability to the claimant in respect of the accident, the employer’s insurer must notify the Commissioner and the employer within the prescribed time. (3) If the Commissioner is not notified in accordance with subsection (2), the employer’s insurer must process the claim and serve a notice of computation on the claimant and the employer, stating — ( a ) the amount of compensation payable in respect of the claim, computed in accordance with the First Schedule; or ( b ) that compensation is refused because — (i) the accident to which the claim relates did not arise out of or in the course of the claimant’s employment with the employer; or (ii) the claimant was not an employee within the meaning of this Act. (4) Regulations made under section 82 may prescribe the circumstances in which the employer’s insurer need not serve a notice of computation under subsection (3). (5) Subject to section 46(5), a notice of computation under subsection (3) that is served on the claimant and the employer is deemed to have been agreed upon by them, and has the effect of an order of compensation — ( a ) where no notice of objection under section 46 is received by the Commissioner within a period of 14 days after the date of service of the notice of computation — on the 15th day after the date of service of the notice of computation; or ( b ) where all notices of objection so received by the Commissioner are withdrawn within a period of 28 days after the date of service of the notice of computation — on the 29th day after the date of service of the notice of computation. (6) For the purposes of subsection (5) and section 46(2), where an employer’s insurer issues a notice of computation, the date the notice of computation is issued is deemed to be the date of service of the notice of computation on the employer’s insurer. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s45
chapter: PART 4 - COMPENSATION PROCESS
section: 45
title: Directions by Commissioner on designated employer’s insurer’s denial of coverage
content:
45. Where an employer’s insurer gives notice to the Commissioner under section 44(2) denying, in whole or in part, that the employer’s liability under this Act in relation to the accident is insured by the employer’s insurer, the Commissioner may do any of the following: ( a ) direct the employer to give notice of the accident to another designated employer’s insurer with whom the employer has an approved policy; [Act 30 of 2024 wef 01/01/2025] ( b ) give notice that the Commissioner will process the claim under Division 3 of this Part, and direct the employer’s insurer or the employer or both to do anything to facilitate the processing of the claim by the Commissioner; ( c ) direct the employer’s insurer to continue to process the claim under this Division and issue a notice of computation in accordance with section 44(3). [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s46
chapter: PART 4 - COMPENSATION PROCESS
section: 46
title: Objection to notice of computation
content:
46. —(1) Where any of the following persons is aggrieved by a notice of computation issued under section 44(3) in relation to a claim, that person may give the Commissioner a notice of objection: ( a ) the claimant; ( b ) the employer or any other person named in the notice of computation as being liable to pay any compensation under the claim; ( c ) the employer’s insurer who issued the notice of computation. (2) A notice of objection under subsection (1) must state precisely the grounds of objection and must be given — ( a ) before the expiry of — (i) 14 days after the date of service of the notice of computation; or (ii) if the Commissioner is satisfied that the notice of objection was delayed by any error or fraud, other than by the person giving the notice of objection — 90 days after the period mentioned in sub‑paragraph (i) expires; and ( b ) in the form and manner required by the Commissioner. (3) Any change to the computation of compensation due to the Medical Board’s assessment of incapacity is not an error for the purposes of subsection (2)( a )(ii). (4) A person who has given a notice of objection may withdraw the objection by a notice given in the manner required by the Commissioner. (5) If a notice of objection in respect of a notice of computation is accepted under subsection (2)( a )(ii) after the notice of computation has the effect of an order of compensation under section 44(5) — ( a ) that order of compensation ceases to have effect, unless it has been enforced under section 60; and ( b ) if the notice of objection is withdrawn before the Commissioner makes an order of compensation, the order of compensation mentioned in paragraph ( a ) is deemed to have effect under section 44(5) starting on the date of the withdrawal.


document_id: wica-2019
provision_ref: s47
chapter: PART 4 - COMPENSATION PROCESS
section: 47
title: Payment of compensation by employer’s insurer
content:
47. Where the employer is liable to pay an amount of compensation stated in a notice of computation that, under section 44(5), has the effect of an order of compensation, the employer’s insurer must, in accordance with section 18, pay or deposit that amount, up to the amount insured under that employer’s insurance policy with the employer’s insurer. Division 2A &#x2014; Processing by platform operator’s insurer


document_id: wica-2019
provision_ref: s47A
chapter: PART 4 - COMPENSATION PROCESS
section: 47A
title: Relevant platform operator
content:
47A. —(1) For the purposes of processing a platform worker’s claim for compensation under this Act that arises from an accident arising out of and in the course of the platform worker’s provision of any platform service, the platform operator of the platform worker is — ( a ) where, at the time of the accident, the platform worker was at work providing one or more platform services for one platform operator — that platform operator; or ( b ) where, at the time of the accident, the platform worker was at work providing one or more platform services for 2 or more platform operators — the platform operator designated under subsection (2) (called in this Division the relevant platform operator). (2) Where — ( a ) at the time of the accident, the platform worker was at work providing one or more platform services for 2 or more platform operators; and ( b ) 2 or more of the platform operators mentioned in paragraph ( a ) are liable to pay compensation under this Act to the platform worker, the Commissioner may by written notice designate any platform operator mentioned in paragraph ( b ) as the relevant platform operator in respect of the platform worker’s claim for compensation under this Act arising from the accident. (3) A notice issued under subsection (2) must — ( a ) identify the platform worker who sustained personal injury and specify the date, time and location of the accident; and ( b ) be served on the relevant platform operator and the platform operator’s insurer of the relevant platform operator. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s47B
chapter: PART 4 - COMPENSATION PROCESS
section: 47B
title: Platform operator’s insurer’s process
content:
47B. —(1) Unless the Commissioner has notified a platform operator’s insurer that the Commissioner or another insurer will process a claim, the platform operator’s insurer must process the platform operator’s liability to pay compensation in accordance with this Act expeditiously — ( a ) on receipt of a notice of an accident from the platform operator under section 35(3)( b ); ( b ) on receipt of a notice of resumption of the claim under section 41(2)( a ), as modified by section 35B; or ( c ) on the Commissioner’s direction. (2) If the platform operator’s insurer is of the view that the platform operator’s insurance policy with the platform operator’s insurer does not insure the platform operator’s liability to the claimant in respect of the accident, the platform operator’s insurer must notify the Commissioner and the platform operator within the prescribed time. (3) If the Commissioner is not notified in accordance with subsection (2), the platform operator’s insurer must process the claim and serve a notice of computation on the claimant and the platform operator, stating — ( a ) the amount of compensation payable in respect of the claim, computed in accordance with the Fifth Schedule; or ( b ) that compensation is refused because — (i) the accident to which the claim relates did not arise out of or in the course of the claimant’s provision of a platform service for the platform operator; or (ii) the claimant was not a platform worker within the meaning of this Act. (4) Regulations made under section 82 may prescribe the circumstances in which the platform operator’s insurer need not serve a notice of computation under subsection (3). (5) Subject to section 47D(5), a notice of computation under subsection (3) that is served on the claimant and the platform operator is deemed to have been agreed upon by them, and has the effect of an order of compensation — ( a ) where no notice of objection under section 46 is received by the Commissioner within a period of 14 days after the date of service of the notice of computation — on the 15th day after the date of service of the notice of computation; or ( b ) where all notices of objection so received by the Commissioner are withdrawn within a period of 28 days after the date of service of the notice of computation — on the 29th day after the date of service of the notice of computation. (6) For the purposes of subsection (5) and sections 46(2) and 47C, where a platform operator’s insurer issues a notice of computation, the date the notice of computation is issued is deemed to be the date of service of the notice of computation on the platform operator’s insurer. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s47C
chapter: PART 4 - COMPENSATION PROCESS
section: 47C
title: Additional provisions where other platform operators liable pursuant to section 34E
content:
47C. —(1) Where the platform operator’s insurer of the relevant platform operator processing a claimant’s claim under section 47B (called in this Division the relevant PO’s insurer) is satisfied that any other platform operator is liable to pay compensation to the claimant pursuant to section 34E, the relevant PO’s insurer must — ( a ) process the liability of the other platform operator and issue a notice of computation in accordance with section 47B(3); and ( b ) do either of the following on behalf of the other platform operator: (i) pay any compensation in respect of the platform worker’s work injury that is payable under this Act; (ii) deposit with the Commissioner any compensation in respect of the platform worker’s work injury that is payable under this Act. (2) The Commissioner may direct any platform operator’s insurer ( Y ) of any platform operator (other than the relevant platform operator) mentioned in subsection (1) ( Z ) to do any thing to facilitate the relevant PO’s insurer’s processing, in accordance with subsection (1)( a ), of Z ’s liability under this Act. (3) The relevant PO’s insurer must — ( a ) serve the notice of computation issued under subsection (1)( a ) on the claimant, Y and Z ; and ( b ) inform Y and Z of the amount representing the compensation payable in respect of the platform worker’s work injury by Z . (4) Where the notice of computation issued by the relevant PO’s insurer under subsection (1)( a ) has the effect of an order of compensation under section 47B(5), the relevant PO’s insurer must, in accordance with section 18, as modified by section 34B, pay or deposit the amount of compensation stated in the notice of computation, whether or not that amount exceeds the amount insured under any insurance policy of the relevant platform operator. (5) Subsection (4) applies to the relevant PO’s insurer despite section 47F or any provision in an approved platform worker insurance policy between the relevant PO’s insurer and the relevant platform operator. (6) Except where subsection (7) applies and subject to section 47E, Y must, within the prescribed period starting on the date on which the relevant PO’s insurer made payment or deposit in accordance with subsection (4), reimburse the relevant PO’s insurer for the amount representing the proportion of the compensation payable by Z . (7) Subject to section 47E, where Z does not maintain insurance under any approved platform worker insurance policy with any designated PO’s insurer, Z must, within the period prescribed for the purposes of subsection (6), reimburse the relevant PO’s insurer for the amount representing the proportion of the compensation payable by Z . [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s47D
chapter: PART 4 - COMPENSATION PROCESS
section: 47D
title: Objection to notice of computation issued under section 47B(3)
content:
47D. —(1) Where any of the following persons is aggrieved by a notice of computation issued under section 47B(3) in relation to a claim, that person may give the Commissioner a notice of objection: ( a ) the claimant; ( b ) the platform operator or any other person named in the notice of computation as being liable to pay any compensation under the claim; ( c ) the platform operator’s insurer who issued the notice of computation. (2) A notice of objection under subsection (1) must state precisely the grounds of objection and must be given — ( a ) before the expiry of — (i) 14 days after the date of service of the notice of computation; or (ii) if the Commissioner is satisfied that the notice of objection was delayed by any error or fraud, other than by the person giving the notice of objection — 90 days after the period mentioned in sub-paragraph (i) expires; and ( b ) in the form and manner required by the Commissioner. (3) Any change to the computation of compensation due to the Medical Board’s assessment of incapacity is not an error for the purposes of subsection (2)( a )(ii). (4) A person who has given a notice of objection may withdraw the objection by a notice given in the manner required by the Commissioner. (5) If a notice of objection in respect of a notice of computation is accepted under subsection (2)( a )(ii) after the notice of computation has the effect of an order of compensation under section 47B(5) — ( a ) that order of compensation ceases to have effect, unless it has been enforced under section 60, as modified by section 35B; and ( b ) if the notice of objection is withdrawn before the Commissioner makes an order of compensation, the order of compensation mentioned in paragraph ( a ) is deemed to have effect under section 47B(5) starting on the date of the withdrawal. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s47E
chapter: PART 4 - COMPENSATION PROCESS
section: 47E
content:
47E. —(1) Subsections (2) and (3) apply where — ( a ) the relevant PO’s insurer serves a notice of computation issued under section 47C(1)( a ) on the following persons in accordance with section 47C(3): (i) any platform operator mentioned in section 47C(1) (other than the relevant platform operator) ( Z ); (ii) any platform operator’s insurer ( Y ) of Z ; and ( b ) Y or Z is aggrieved by the notice of computation in respect of — (i) Z ’s liability to pay compensation in respect of the platform worker’s injury under this Act; or (ii) the amount which Y must reimburse the relevant PO’s insurer in accordance with section 47C(6), or which Z must reimburse the relevant PO’s insurer in accordance with section 47C(7), as the case may be. (2) Y or Z must, before the expiry of 7 days after the date of service of the notice of computation on Y or Z (as the case may be), give the relevant PO’s insurer a notice in the form and manner required by the Commissioner. (3) Where the relevant PO’s insurer receives a notice given under subsection (2), the relevant PO’s insurer must, before the expiry of 14 days after the date the notice of computation is issued, give the Commissioner a notice of objection in the form and manner required by the Commissioner. (4) The relevant PO’s insurer must ensure that the notice of objection mentioned in subsection (3) accurately sets out all grounds of objection set out in the notice given by Y or Z (as the case may be) to the relevant PO’s insurer under subsection (2). (5) If — ( a ) Y or Z gives the relevant PO’s insurer a notice in accordance with subsection (2); ( b ) the relevant PO’s insurer fails to give the Commissioner a notice of objection in accordance with subsection (3); and ( c ) Y or Z has reason to believe that the relevant PO’s insurer’s failure to give the notice of objection to the Commissioner is due to any error or fraud by the relevant PO’s insurer, Y or Z may give the Commissioner a notice of objection before the expiry of 30 days after the period mentioned in subsection (2) in the form and manner required by the Commissioner. (6) The notice of objection mentioned in subsection (5) must state precisely the grounds of objection by Y or Z , as the case may be. (7) If a notice of objection is accepted under subsection (5) after the notice of computation has the effect of an order of compensation under section 47B(5) — ( a ) that order of compensation ceases to have effect, unless it has been enforced under section 60, as modified by section 35B; and ( b ) if the notice of objection is withdrawn before the Commissioner makes an order of compensation, the order of compensation mentioned in paragraph ( a ) is deemed to have effect under section 47B(5) starting on the date of the withdrawal. (8) Where Y or Z — ( a ) gives the relevant PO’s insurer a notice in accordance with subsection (2); or ( b ) gives the Commissioner a notice of objection in accordance with subsection (5), the following applies: ( c ) Y ’s obligation to reimburse the relevant PO’s insurer in accordance with section 47C(6), or Z ’s obligation to reimburse the relevant PO’s insurer in accordance with section 47C(7) (as the case may be), remains in force despite Y or Z (as the case may be) notifying the objection; ( d ) Y ’s payment of any amount to the relevant PO’s insurer in accordance with section 47C(6), or Z ’s payment of any amount to the relevant PO’s insurer in accordance with section 47C(7), does not constitute an admission of liability by Y or Z in respect of — (i) Z ’s liability to pay compensation in respect of the platform worker’s injury under this Act; or (ii) the amount which Y must reimburse the relevant PO’s insurer in accordance with section 47C(6), or which Z must reimburse the relevant PO’s insurer in accordance with section 47C(7), as the case may be. (9) Without affecting any other provision of this Act relating to the Commissioner’s powers in determining the compensation payable under this Act, where a notice of objection is given under subsection (3) or (5), the Commissioner may — ( a ) review the notice of computation issued by the relevant PO’s insurer, with or without conducting a hearing; and ( b ) make either of the following orders: (i) an order affirming the notice of computation issued by the relevant PO’s insurer; (ii) an order for the payment of compensation or refusal of compensation, as the Commissioner thinks just. (10) Where the Commissioner makes an order mentioned in subsection (9)( b )(ii), the order may additionally require the relevant PO’s insurer to refund any amount paid to the relevant PO’s insurer by Y or Z , as the case may be. (11) In a review under subsection (9)( b ), the Commissioner must disregard any ground of objection that is not contained in the notice of objection given under subsection (3) or (5). (12) When making an order under subsection (9)( b ), the Commissioner may also, subject to regulations made under section 82, order costs of and incidental to any proceedings before the Commissioner. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s47F
chapter: PART 4 - COMPENSATION PROCESS
section: 47F
title: Payment of compensation by platform operator’s insurer
content:
47F. Where the platform operator is liable to pay an amount of compensation stated in a notice of computation that, under section 47B(5), has the effect of an order of compensation, the platform operator’s insurer must, in accordance with section 18, as modified by section 34B, pay or deposit that amount, up to the amount insured under that platform operator’s insurance policy with the platform operator’s insurer. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s47G
chapter: PART 4 - COMPENSATION PROCESS
section: 47G
title: Recovery of amounts payable under section 47C(6) or (7)
content:
47G. —(1) Except where subsection (2) applies, the relevant PO’s insurer is entitled to recover directly from a platform operator’s insurer mentioned in section 47C(2) ( Y ), in accordance with subsection (3) — ( a ) the amount mentioned in section 47C(6) or any part of that amount unpaid; and ( b ) interest on the amount mentioned in paragraph ( a ) at the same rate as for a judgment debt. (2) In a case where section 47C(7) applies, the relevant PO’s insurer is entitled to recover directly from a platform operator mentioned in that provision ( Z ), in accordance with subsection (3) — ( a ) the amount mentioned in that provision or any part of that amount unpaid; and ( b ) interest on the amount mentioned in paragraph ( a ) at the same rate as for a judgment debt. (3) The relevant PO’s insurer may recover the amount mentioned in subsection (1) from Y , or the amount mentioned in subsection (2) from Z (as the case may be), after the later of the following: ( a ) the expiry of the prescribed period starting on the date on which the relevant PO’s insurer made payment or deposit in accordance with section 47C(4); ( b ) where a notice of objection has been given to the Commissioner under section 47E(3) or (5) — the date on which the Commissioner makes an order under section 47E(9)( b ). [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s47H
chapter: PART 4 - COMPENSATION PROCESS
section: 47H
title: Directions by Commissioner on designated PO’s insurer’s denial of coverage
content:
47H. Where a platform operator’s insurer gives notice to the Commissioner under section 47B(2) denying, in whole or in part, that the platform operator’s liability under this Act in relation to the accident is insured by the platform operator’s insurer, the Commissioner may do any of the following: ( a ) direct the platform operator to give notice of the accident to another designated PO’s insurer with whom the platform operator has an approved platform worker insurance policy; ( b ) give notice that the Commissioner will process the claim under Division 3 of this Part, as modified by section 35B, and direct the platform operator’s insurer, the platform operator or both to do anything to facilitate the processing of the claim by the Commissioner; ( c ) direct the platform operator’s insurer to continue to process the claim under this Division and issue a notice of computation in accordance with section 47B(3). [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s47I
chapter: PART 4 - COMPENSATION PROCESS
section: 47I
title: Provision of information to platform operator’s insurer
content:
47I. —(1) This section applies in relation to a claim in respect of a work injury caused to a platform worker ( P ) by an accident arising out of and in the course of P ’s provision of a platform service for a platform operator. (2) For the purposes of processing a claim mentioned in subsection (1), any platform operator’s insurer ( A ) may request — ( a ) any platform operator ( B ) to provide — (i) information on whether P has, at any time during the lookback period, provided any platform service for B ; and (ii) if P has, at any time during the lookback period, provided any platform service for B , any information or document relating to any specified matter; or ( b ) P to provide — (i) information on whether P has, at any time during the lookback period, provided any platform service for any platform operator (other than a platform operator for whom P was providing a platform service at the time of the accident); and (ii) if P has, at any time during the lookback period, provided any platform service for any platform operator mentioned in sub-paragraph (i), any information or document relating to any specified matter. (3) Upon receiving a request from A under subsection (2), B or P (as the case may be) must provide the information or document mentioned in subsection (2)( a )(i) and (ii) or ( b )(i) and (ii) (as the case may be) within the time prescribed for the purposes of this subsection and in the form and manner required by the Commissioner. (4) In this section, “specified matter”, in relation to a platform worker’s provision of a platform service for a platform operator, means — ( a ) the platform worker’s earnings from providing the platform service for the platform operator during the lookback period; ( b ) the task or tasks performed by the platform worker in providing the platform service for the platform operator, including the mode or modes of transport used by the platform worker to perform any task; or ( c ) any other matter prescribed. [Act 30 of 2024 wef 01/01/2025] Division 3 &#x2014; Processing by Commissioner


document_id: wica-2019
provision_ref: s48
chapter: PART 4 - COMPENSATION PROCESS
section: 48
title: Assessment or reassessment by Commissioner
content:
48. —(1) Where the Commissioner processes a claim, the Commissioner must serve a notice of assessment on the employer, the employer’s insurer (if any) and the claimant, stating — ( a ) the amount of compensation payable in respect of the claim, computed in accordance with the First Schedule; or ( b ) that compensation is refused, if the Commissioner is of the view that — (i) the accident to which the claim relates did not arise out of or in the course of the claimant’s employment with the employer; or (ii) the claimant was not an employee within the meaning of this Act. (2) Regulations made under section 82 may prescribe the circumstances in which the Commissioner need not serve a notice of assessment under subsection (1). (3) Subject to section 49(5), a notice of assessment under subsection (1) that is served on the persons mentioned in that subsection is deemed to have been agreed upon by the persons served, and has the effect of an order of compensation — ( a ) where no notice of objection under section 49 is received by the Commissioner within a period of 14 days after the date of service of the notice of assessment — on the 15th day after the date of service of the notice of assessment; or ( b ) where all notices of objection so received by the Commissioner are withdrawn within a period of 28 days after the date of service of the notice of assessment — on the 29th day after the date of service of the notice of assessment. (4) In any case of incapacity or death arising from an occupational disease, the Commissioner may reassess the compensation under section 10 at any time within 3 years after the date of the notice of computation or the notice of assessment in respect of the occupational disease, if the Commissioner is satisfied that — ( a ) there has been an aggravation of the result of the occupational disease after the date of the notice of computation or notice of assessment; and ( b ) the amount of compensation originally computed or assessed is substantially inadequate. (5) The Commissioner must, where a reassessment under subsection (4) has been made, issue a notice of assessment of additional compensation payable by the employer and serve the notice on the persons mentioned in subsection (1). (6) Unless otherwise prescribed, this section and section 49 apply to a notice of assessment of additional compensation under subsection (5) as they apply to a notice of assessment under subsection (1).


document_id: wica-2019
provision_ref: s49
chapter: PART 4 - COMPENSATION PROCESS
section: 49
title: Objection to notice of assessment
content:
49. —(1) Where any of the following persons is aggrieved by a notice of assessment issued by the Commissioner under section 48(1), or a notice of assessment of additional compensation issued by the Commissioner under section 48(5), in relation to a claim, that person may give the Commissioner a notice of objection: ( a ) the claimant; ( b ) the employer or any other person named in the notice of assessment as being liable to pay any compensation under the claim; ( c ) the employer’s insurer (if any). (2) A notice of objection under subsection (1) must state precisely the grounds of objection and must be given — ( a ) before the expiry of — (i) 14 days after the date of service of the notice of assessment; or (ii) if the Commissioner is satisfied that the notice of objection was delayed by any error or fraud, other than by the person giving the notice of objection — 90 days after the period mentioned in sub‑paragraph (i) expires; and ( b ) in the form and manner required by the Commissioner. (3) Any change to an assessment of compensation due to the Medical Board’s assessment of incapacity is not an error for the purposes of subsection (2)( a )(ii). (4) A person who has given a notice of objection may withdraw the objection by a notice given in the manner required by the Commissioner. (5) If a notice of objection in respect of a notice of assessment is accepted under subsection (2)( a )(ii) after the notice of assessment has the effect of an order of compensation under section 48(3) — ( a ) that order of compensation ceases to have effect, unless it has been enforced under section 60; and ( b ) if the notice of objection is withdrawn before the Commissioner makes an order of compensation, the order of compensation mentioned in paragraph ( a ) is deemed to have effect under section 48(3) starting on the date of the withdrawal. Division 4 &#x2014; Resolution of disputes by Commissioner and
appeal to General Division of High Court [40/2019]


document_id: wica-2019
provision_ref: s50
chapter: PART 4 - COMPENSATION PROCESS
section: 50
title: Directions by Commissioner
content:
50. —(1) Where the Commissioner has notice of an accident giving rise to any work injury, the Commissioner may direct the claimant, the employer or platform operator (as the case may be), an insurer, the principal (if any) or any other person in connection with the claim to do anything to facilitate the compensation process under this Part, including any of the following: ( a ) to attend a pre‑hearing conference mentioned in section 52 or a hearing under section 55; ( b ) to provide any information or document to the employer’s insurer or platform operator’s insurer (as the case may be) or the Commissioner. [Act 30 of 2024 wef 01/01/2025] (2) Where any person fails to comply with a direction under subsection (1) or section 52( a ) or ( b ), without limiting the powers of the Commissioner, the Commissioner may do any of the following: ( a ) stop the compensation process; ( b ) where the compensation is being processed by the employer’s insurer, decide to process the compensation instead under section 36(2)( b ); ( ba ) where the compensation is being processed by the platform operator’s insurer, decide to process the compensation instead under section 36(2)( b ), as modified by section 35B; [Act 30 of 2024 wef 01/01/2025] ( c ) draw any adverse inference against that person, and issue a notice of assessment or make an order of compensation, as the case may be. (3) Any direction made under subsection (1) or section 52( a ) or ( b ) may be set aside or varied by the Commissioner on such terms as the Commissioner may specify. (4) A person commits an offence if the person, without lawful excuse, fails to comply with a direction under subsection (1)( b ) or section 52( a ) and shall be liable — ( a ) on the first conviction — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) on a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: wica-2019
provision_ref: s51
chapter: PART 4 - COMPENSATION PROCESS
section: 51
title: Settlement of compensation
content:
51. —(1) Where a claimant and the employer or the employer’s insurer settle a claim for compensation under this Act, the claimant and the employer or employer’s insurer (as the case may be) may — ( a ) enter into a settlement agreement, stating the amount of compensation payable, whether as a lump sum or a periodical payment; and ( b ) apply for the settlement agreement to be recorded by the Commissioner as an order under subsection (2)( a ). (2) The Commissioner may — ( a ) record the terms of the settlement and make any order to give effect to the settlement; or ( b ) refuse to record the settlement and make a direction under section 50(1). (3) Where a party to a settlement agreement recorded in an order under subsection (2)( a ) applies, within the prescribed period and in the form and manner required by the Commissioner, to set aside the order, the Commissioner may — ( a ) set aside the order if — (i) the Commissioner is satisfied that the order should be set aside due to any error or fraud, other than by the applicant; and (ii) there is no pending appeal under section 58 against the order; and ( b ) make any direction under section 50(1) in respect of the claim.


document_id: wica-2019
provision_ref: s52
chapter: PART 4 - COMPENSATION PROCESS
section: 52
title: Pre-hearing conference
content:
52. At a pre-hearing conference, the Commissioner may consider any matter, including the possibility of settlement of all or any of the matters in dispute for the hearing, and may do one or more of the following: ( a ) direct any person attending the pre‑hearing conference to provide any information and document to the Commissioner; ( b ) make any direction for the fair and expeditious determination of any matter for hearing; ( c ) where the claimant, the employer or the employer’s insurer agree to a settlement of some or all of the matters for the hearing, record the terms of the settlement and make an order under section 51(2)( a ); ( d ) make an order of refusal of compensation in respect of a claim, if the Commissioner is of the view that — (i) the accident to which the claim relates did not arise out of or in the course of the claimant’s employment with the employer; or (ii) the claimant was not an employee within the meaning of this Act.


document_id: wica-2019
provision_ref: s53
chapter: PART 4 - COMPENSATION PROCESS
section: 53
title: Failure to appear of one or more persons
content:
53. —(1) If one or more of the persons directed under section 50(1)( a ) to attend a pre‑hearing conference or a hearing fails to attend, the Commissioner may make a decision concerning the claim and make any order under section 54 as the Commissioner thinks just. (2) An order made by the Commissioner in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner on the application of that party, on such terms as the Commissioner thinks just, unless an appeal under section 58 is pending against the order. (3) Without limiting subsection (1), where any person who is required to attend a pre‑hearing conference or a hearing fails to attend the pre‑hearing conference or hearing, the Commissioner may adjourn the pre‑hearing conference or hearing, as the case may be.


document_id: wica-2019
provision_ref: s54
chapter: PART 4 - COMPENSATION PROCESS
section: 54
title: Powers of Commissioner
content:
54. —(1) The Commissioner has the power to do any of the following in determining the compensation payable under this Act: ( a ) if any matter relating to medical evidence arises — (i) obtain an accepted medical report on the matter; or (ii) if an accepted medical report was used as evidence of the matter in making the notice of computation or notice of assessment objected to, refer the notice of objection to the Medical Board; ( b ) if a notice of objection has been given under section 46 or 49, review the notice of computation or notice of assessment objected to, with or without conducting a hearing; ( c ) make an order for the payment of compensation or refusal of compensation, as the Commissioner thinks just. (2) In a review under subsection (1)( b ), the Commissioner must disregard any ground of objection that is not contained in a notice of objection given in accordance with section 46(2) or 49(2), as the case may be. (3) When making an order under subsection (1)( c ), the Commissioner may also, subject to regulations made under section 82, order costs of and incidental to any proceedings before the Commissioner. (4) When making an order under subsection (1)( c ), the Commissioner may also order the claimant to refund or to reimburse any overpayment of the following payments if the Commissioner is satisfied that the overpayment was made on the basis of any error or any false or misleading information: ( a ) any amount paid by any person as the claimant’s employer or the employer’s insurer as compensation payable in respect of a work injury under this Act; ( b ) any ex gratia payment made under section 70 in respect of such compensation.


document_id: wica-2019
provision_ref: s55
chapter: PART 4 - COMPENSATION PROCESS
section: 55
title: Hearing by Commissioner
content:
55. —(1) Where the Commissioner holds a hearing for the purposes of this Act, the Commissioner has all the powers of a District Judge to summon and examine witnesses and administer oaths or affirmations and to compel the production of documents and material objects. (2) The evidence of every witness must be recorded in writing or in any other suitable form of recording that can reduce the evidence to a readable form. (3) Evidence recorded in writing or, if it is not recorded in writing, the transcript of the evidence recorded, must be signed by the Commissioner, and forms part of the record of the proceedings. (4) The evidence of any witness may be recorded as a brief memorandum of the substance of the evidence, except that the evidence of any medical witness must be recorded as nearly as may be word for word. (5) Every person who gives evidence before the Commissioner is bound to answer truthfully all questions put to that person by the Commissioner.


document_id: wica-2019
provision_ref: s56
chapter: PART 4 - COMPENSATION PROCESS
section: 56
title: Experts to assist Commissioner
content:
56. To assist the Commissioner in relation to any matter under this Act, the Commissioner may appoint one or more persons possessing special knowledge of any matter to advise the Commissioner on the matter.


document_id: wica-2019
provision_ref: s57
chapter: PART 4 - COMPENSATION PROCESS
section: 57
title: Medical Board
content:
57. —(1) The Minister may appoint a Medical Board to assist the Commissioner in matters relating to medical evidence for the purpose of determining the amount of compensation payable under this Act. (2) Where a matter is referred to the Medical Board under section 54(1)( a ) in relation to a claim, the Medical Board or a panel appointed under subsection (3) in relation to the matter — ( a ) may require the claimant to submit to a medical examination by the Medical Board or the panel; and ( b ) must submit a medical report on the claimant to the Commissioner. (3) The Medical Board may appoint one or more panels consisting of 2 or more health professionals to carry out its functions under subsection (2). (4) Subject to regulations made under section 82, the Medical Board and each panel may regulate its procedure in such manner as the Medical Board or panel (as the case may be) thinks fit. (5) For the purpose of making an order under section 54(1)( c ) in relation to the claim mentioned in subsection (2), the Commissioner must treat the medical report submitted under subsection (2)( b ) in relation to the claim as conclusive evidence of the matters relating to medical evidence certified by that medical report.


document_id: wica-2019
provision_ref: s58
chapter: PART 4 - COMPENSATION PROCESS
section: 58
title: Appeal to General Division of High Court
content:
58. —(1) Subject to subsection (5), any person aggrieved by an order of compensation (called in this section the order appealed against) may appeal to the General Division of the High Court if — ( a ) the appeal involves a substantial question of law; and ( b ) the order is for refusal of compensation or for payment of compensation of an amount of compensation of $1,000 or more. [40/2019] (2) The procedure governing an appeal to the General Division of the High Court under subsection (1) is as provided for in the Rules of Court. [40/2019] (3) The decision of the General Division of the High Court in an appeal under subsection (1) is final. [40/2019] (4) Despite any appeal under subsection (1) — ( a ) the employer or the employer’s insurer, if directed under section 21(1) to deposit with the Commissioner the amount of compensation stated in the order appealed against, must do so; and ( b ) the deposit is to be held by the Commissioner pending the outcome of the appeal. (5) No appeal under this section lies against the following orders: ( a ) a notice of computation that, under section 44(5), has the effect of an order of compensation; ( b ) a notice of assessment that, under section 48(3), has the effect of an order of compensation; ( c ) an order made under section 51(2)( a ) to give effect to a settlement agreement that has not been set aside under section 51(3). Division 5 &#x2014; Enforcement of orders and offences


document_id: wica-2019
provision_ref: s59
chapter: PART 4 - COMPENSATION PROCESS
section: 59
title: Interest on compensation not paid or deposited in time
content:
59. —(1) Where any person fails to pay or deposit compensation in accordance with section 18, 19 or 58(4)( a ) (as the case may be) within the time required by or under this Act, interest is payable at the prescribed rate. (2) The total amount of interest payable under subsection (1) must not exceed 50% of the amount of compensation that the person has failed to pay or deposit within the required time. (3) Interest under this section must be deposited with the Commissioner within such time as the Commissioner may specify. (4) The Commissioner may waive or remit the whole or any part of the interest payable under this section.


document_id: wica-2019
provision_ref: s60
chapter: PART 4 - COMPENSATION PROCESS
section: 60
title: Enforcement of orders
content:
60. —(1) An order of compensation is to be enforced by a District Court in the same manner as a judgment of that Court and all necessary process may be served by that Court on behalf of the Commissioner. (2) Any sale of immovable property for the purposes of the enforcement may only be ordered by the General Division of the High Court. [40/2019]


document_id: wica-2019
provision_ref: s61
chapter: PART 4 - COMPENSATION PROCESS
section: 61
title: Offence for failing to pay or deposit compensation, etc., and recovery on conviction
content:
61. —(1) A person who fails to pay the whole or any part of the compensation payable by that person in accordance with this Act (including section 18(2) or 19(1)), or to do so within the time required by or under this Act, shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) if the person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. (2) A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of — ( a ) an offence under subsection (1); or ( b ) an offence under section 35(2)( a ) of the repealed Act, whether the conviction was before, on or after 1 September 2020. (3) A person who fails to deposit with the Commissioner the whole or any part of the interest payable by that person under section 59, or to do so within the time required under that section, shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) if the person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. (4) A person is a repeat offender in relation to an offence under subsection (3) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of — ( a ) an offence under subsection (3); or ( b ) an offence under section 35(2)( b ) of the repealed Act, whether the conviction was before, on or after 1 September 2020. (5) A person who fails to deposit with the Commissioner the whole or any part of an amount that the person is directed to deposit under section 21, or to do so within the time required under that section, shall be guilty of an offence and shall be liable — ( a ) on the first conviction — to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) on a second or subsequent conviction — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. (6) On the application of the Commissioner, the court before which any person is convicted of an offence under subsection (1), (3) or (5) for failing to pay or deposit any amount may, in addition to imposing the penalty prescribed for the offence, order that person to pay the amount directly to the person to whom the amount is due or deposit (as the case may be) the amount that remains unpaid or undeposited by that person. (7) Where a court has ordered any amount to be paid or deposited under subsection (6), section 360 of the Criminal Procedure Code 2010 applies as if the amount were a sum of money ordered to be paid by way of compensation under section 359 of that Code.


document_id: wica-2019
provision_ref: s62
chapter: PART 4 - COMPENSATION PROCESS
section: 62
title: Offence of false or misleading information to obtain or avoid compensation
content:
62. —(1) A person who — ( a ) makes any statement; or ( b ) provides, or causes to be provided, any document or information, that the person knows or ought reasonably to know is false or misleading in any material particular or is misleading by reason of the omission of any material particular, to the Commissioner or an investigation officer for the purposes of this Act shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or ( d ) if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (2) A person is a repeat offender in relation to an offence under subsection (1)( a ) or ( b ) if the person who is convicted of an offence under subsection (1)( a ) or ( b ) has been convicted on at least one other earlier occasion of — ( a ) an offence under subsection (1)( a ) or ( b ); or ( b ) an offence under section 35(2)( c ) of the repealed Act, whether the conviction was before, on or after 1 September 2020. (3) A person who dishonestly — ( a ) obtains compensation under this Act or causes another person to obtain such compensation; or ( b ) avoids or causes another person to avoid the whole or part of that person’s, or that other person’s, liability to pay compensation under this Act, by making any statement, or providing (or causing to be provided) any document or information, which that person knows or ought reasonably to know is false or misleading 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 — ( c ) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; or ( d ) if the person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both. (4) A person is a repeat offender in relation to an offence under subsection (3)( a ) or ( b ) if the person who is convicted of — ( a ) an offence under subsection (3)( a ) has been convicted on at least one other earlier occasion of — (i) an offence under subsection (3)( a ) or ( b ); or (ii) an offence under section 35(2)( f ) of the repealed Act, whether the conviction was before, on or after 1 September 2020; or ( b ) an offence under subsection (3)( b ) has been convicted on at least one other earlier occasion of an offence under subsection (3)( a ) or ( b ). Division 6 &#x2014; Action for damages and indemnity


document_id: wica-2019
provision_ref: s63
chapter: PART 4 - COMPENSATION PROCESS
section: 63
title: Limitation of right of action for damages
content:
63. —(1) This Act does not confer any right to compensation on an employee in respect of the employee’s injury if — ( a ) an action in any court has been instituted by or on behalf of the employee for damages in respect of that injury against his or her employer; or ( b ) damages have been recovered in any court in respect of the employee’s injury from his or her employer. (2) Subject to subsections (3) and (5), no action for damages may be maintained in any court by or on behalf of an employee against the employer in respect of any injury caused by an accident arising out of and in the course of the employee’s employment if — ( a ) the employee has recovered damages in respect of the employee’s injury in any court from any other person; ( b ) an order is made under section 51(2)( a ) to give effect to a settlement agreement in respect of compensation under this Act for that injury; ( c ) a notice of computation, or a notice of assessment, for that injury has, under section 44(5) or 48(3), the effect of an order of compensation; ( d ) the employee does not withdraw his or her claim in respect of compensation under this Act for that injury within 28 days after the date of service of the notice of computation or notice of assessment (as the case may be) or the claim, if so withdrawn, does not remain withdrawn; or ( e ) an order for the payment of compensation for that injury is made under section 54(1)( c ). (3) An employee may institute an action in any court against his or her employer for damages in respect of an injury where — ( a ) a notice of computation or notice of assessment (as the case may be) for compensation in respect of that injury is served on the employee, and the employee makes no objection to the notice; ( b ) on review of the notice of computation or notice of assessment, the Commissioner makes an order under section 54(1)( c ) for compensation in respect of that injury that is of a lesser amount than the amount stated in the notice; ( c ) within a period of 28 days after the date of service of the order mentioned in paragraph ( b ) on the employee, the employee — (i) notifies the Commissioner, the employer and the employer’s insurer (if any), in writing that the employee does not accept the compensation so ordered; and (ii) has not received or retained any part of such compensation earlier paid (if any) by, or on behalf of, the employer; and ( d ) no appeal under section 58 is made against the order mentioned in paragraph ( b ). (4) The order mentioned in subsection (3)( b ) becomes void when the employee institutes the action mentioned in subsection (3). (5) Nothing in this Act prevents an injured individual from instituting an action in any court to recover damages independently of this Act for an injury in respect of which — ( a ) an order of refusal of compensation has been made or has taken effect; or ( b ) an appeal to the General Division of the High Court under section 58 has failed because — (i) the injury did not arise out of and in the course of the injured individual’s employment; or (ii) the injured individual is not an employee within the meaning of this Act. [40/2019] (6) If — ( a ) an action is instituted by or for an employee within one year after the date of the accident in any court to recover damages independently of this Act for injury caused by any accident; and ( b ) it is determined in the action or on appeal that the injury is one for which the employer is not liable, but that the employer would have been liable to pay compensation under this Act, the court must — ( c ) dismiss the action; and ( d ) if the employee so chooses, proceed to assess the compensation payable under this Act (despite subsection (1)) and may deduct from the compensation all or any part of the costs which, in the judgment of the court, are caused by the employee instituting the action instead of proceeding under this Act. (7) Where the court assesses the compensation under subsection (6)( d ), the court must give a certificate of — ( a ) the compensation awarded; and ( b ) the direction given (if any) as to the deduction of costs. (8) A certificate mentioned in subsection (7) has the same effect as a judgment of the court.


document_id: wica-2019
provision_ref: s64
chapter: PART 4 - COMPENSATION PROCESS
section: 64
title: Remedies against both employer and third party
content:
64. —(1) Where any injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer (called in this section the third party) to pay damages in respect of the injury — ( a ) the employee may take proceedings against the third party to recover damages and may claim against any person liable to pay compensation under this Act, but the employee is not entitled to recover both damages and compensation; and ( b ) where the employee has recovered compensation under this Act, the following persons are entitled to be indemnified by the third party: (i) the person by whom the compensation was paid; (ii) the employer who has indemnified a principal who paid the compensation under section 13(3). (2) Subsection (3) applies where the right to recover damages from any third party, in respect of any injury caused to an employee by an accident arising out of and in the course of the employee’s employment, is reduced by virtue of any wilful act or negligence of the employer or employee. (3) The right to be indemnified by the third party under subsection (1)( b ) is limited to a right to be indemnified in respect of part of the total compensation paid or payable in such proportion as the court may determine as is appropriate to the degree to which the injury was attributable to the act, default or negligence of the third party.


document_id: wica-2019
provision_ref: s65
chapter: PART 5 - APPLICATION OF ACT TO SEAFARERS
section: 65
title: Application of Act to seafarer
content:
65. —(1) This Act applies to any seafarer, subject to any modification that may be prescribed for the application of any provision of this Act to the seafarer. (2) Where a seafarer is injured in an accident occurring on a Singapore ship, this Act applies whether the ship is within or outside Singapore at the time of the accident. (3) In this Part, unless the context otherwise requires — “crew”, “master” and “Singapore ship” have the meanings given by the Merchant Shipping Act 1995; “seafarer” means any person who — ( a ) is an employee within the meaning of this Act; and ( b ) is employed as part of the crew of any Singapore ship.


document_id: wica-2019
provision_ref: s66
chapter: PART 5 - APPLICATION OF ACT TO SEAFARERS
section: 66
title: Depositions admissible under Merchant Shipping Act 1995
content:
66. —(1) Where an injured seafarer is discharged or left behind in any territory in the Commonwealth or in a foreign country, depositions about the circumstances and nature of the injury may be taken by — ( a ) any judge or magistrate in that territory; or ( b ) a consular officer in the foreign country. (2) Where any deposition is taken in accordance with subsection (1) and transmitted to the Minister by the person who took the deposition, the deposition or certified copies thereof are admissible in evidence in any proceedings for compensation under this Act, as provided by sections 184 and 186 of the Merchant Shipping Act 1995, and those sections apply accordingly.


document_id: wica-2019
provision_ref: s67
chapter: PART 5 - APPLICATION OF ACT TO SEAFARERS
section: 67
title: Effect of other laws relating to shipping
content:
67. —(1) No periodical payment for temporary incapacity is payable in respect of the period during which the owner of the ship is, under any law relating to shipping in force for the time being in Singapore or any part thereof (other than the Merchant Shipping (Maritime Labour Convention) Act 2014), liable to defray the expenses of maintenance of the injured seafarer. (2) Where a seafarer has received payment under section 35 of the Merchant Shipping (Maritime Labour Convention) Act 2014 for the cost of medical treatment in respect of any work injury within the meaning of this Act, the amount of compensation payable to the seafarer under section 16(1) for the cost of medical treatment in respect of that work injury is to be reduced by the amount so received. (3) Where a seafarer has received payment under section 36 of the Merchant Shipping (Maritime Labour Convention) Act 2014 for loss of earnings in respect of any work injury within the meaning of this Act, the amount of compensation payable to the seafarer under section 17(1) for any temporary incapacity resulting from that work injury is to be reduced by the amount so received. (4) Section 24 does not apply in respect of a seafarer in respect of whom there is in force a contract of insurance or other financial security under section 34 of the Merchant Shipping (Maritime Labour Convention) Act 2014 covering the liabilities of the ship owner in respect of the seafarer under that Act.


document_id: wica-2019
provision_ref: s68
chapter: PART 6 - POWERS FOR EXECUTION OF ACT
section: 68
title: Powers of Commissioner and investigation officers
content:
68. —(1) For the purposes of the execution of this Act, the Commissioner and any investigation officer have the following powers: ( a ) to enter, inspect and examine at any time any workplace or premises occupied by a platform operator; [Act 30 of 2024 wef 01/01/2025] ( b ) to enter, inspect and examine at all reasonable times any place which the Commissioner or an investigation officer has reasonable cause to believe to be — (i) a workplace; [Act 30 of 2024 wef 01/01/2025] (ii) a place of which a workplace forms a part; or [Act 30 of 2024 wef 01/01/2025] (iii) any premises occupied by a platform operator; [Act 30 of 2024 wef 01/01/2025] ( ba ) to inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of any place mentioned in paragraph ( a ) or ( b ) to provide copies of or extracts from, any book, document, record or electronic material; [Act 30 of 2024 wef 01/01/2025] ( c ) to inspect and examine any machinery, equipment, plant, installation or article in any place mentioned in paragraphs ( a ) and ( b ); ( d ) where the Commissioner, or an investigation officer, is a health professional, to carry out on any person who is or had been working in a workplace such medical examinations as may be necessary for the purposes of this Act; ( e ) to take samples of any material or substance found in a workplace or being discharged from a workplace for the purpose of analysis or test; ( f ) to assess the levels of noise, illumination, heat or harmful or hazardous substances in any workplace and the exposure levels of persons at work therein; ( g ) to take such photographs or video recording as the Commissioner or investigation officer thinks necessary of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act; ( h ) to take into custody any article in the workplace or premises occupied by a platform operator which is relevant to the carrying out of the provisions of this Act. [Act 30 of 2024 wef 01/01/2025] (2) For the purposes of the execution of this Act, the Commissioner or an investigation officer may — ( a ) examine orally any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act, and reduce to writing any statement made by that person; ( b ) require any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act to attend at such time and place as may be specified in a notice served on the person; and ( c ) require any person, whom the Commissioner or investigation officer has reason to believe has any document, including documents of identity or documents containing information relevant to the carrying out of the provisions of this Act, to produce any such document to the Commissioner or investigation officer. (3) A person examined under subsection (2)( a ) must state truly the facts and circumstances relevant to the carrying out of the provisions of this Act with which the person is acquainted, except only that the person may decline to make any statement that would tend to incriminate the person or expose the person to penalty. (4) A statement made under subsection (2)( a ) by any person must be read to the person and, after correction, if necessary, be signed by the person. (5) If any person fails to attend as required by a notice under subsection (2)( b ), the Commissioner or investigation officer may report the failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the notice. (6) A person who wilfully — ( a ) obstructs or delays the Commissioner or an investigation officer in the exercise of his or her powers under this section; ( b ) fails to produce any document which that person is required to produce under subsection (2)( c ); ( c ) withholds any information that the person is required to give under subsection (2)( a ); or ( d ) conceals or prevents any person from appearing before the Commissioner or an investigation officer, shall be guilty of an offence and shall be liable on conviction — ( e ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or ( f ) if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (7) A person is a repeat offender in relation to an offence under subsection (6) if the person who is convicted of an offence under subsection (6)( a ), ( b ), ( c ) or ( d ) has been convicted on at least one other earlier occasion of — ( a ) an offence under subsection (6)( a ), ( b ), ( c ) or ( d ); or ( b ) an offence under section 35(2)( e ) of the repealed Act, whether the conviction was before, on or after 1 September 2020.


document_id: wica-2019
provision_ref: s69
chapter: PART 6 - POWERS FOR EXECUTION OF ACT
section: 69
title: Reciprocal arrangements for payment of work injury compensation
content:
69. —(1) This section applies where there is an arrangement between the Government and the government of any other State by which the sums mentioned in paragraphs ( a ) and ( b ) may, at the request of the authority by which the sums are awarded, be transferred to and administered by a competent authority in the territory administered by that government (called in this section the other territory) or by the Commissioner in Singapore, as the case may be: ( a ) sums awarded under the law relating to work injury compensation in Singapore to persons resident or becoming resident in the other territory; ( b ) sums awarded under the law relating to work injury compensation in the other territory to persons resident or becoming resident in Singapore. (2) Where there is an arrangement mentioned in subsection (1), money in the hands of the Commissioner is to be transferred, and money received by the Commissioner is to be administered, in such manner as may be prescribed.


document_id: wica-2019
provision_ref: s70
chapter: PART 6 - POWERS FOR EXECUTION OF ACT
section: 70
title: Ex gratia payments from Workers’ Fund
content:
70. The Commissioner may make ex gratia payments from the Workers’ Fund of — ( a ) an amount not exceeding the compensation that an employee is entitled to under this Act, to any person to whom money deposited with the Commissioner may be paid in accordance with section 21; or ( b ) an amount not exceeding the compensation that a platform worker is entitled to under this Act, to any person to whom money deposited with the Commissioner may be paid in accordance with section 21, as modified by section 34B. [Act 30 of 2024 wef 01/01/2025]


document_id: wica-2019
provision_ref: s71
chapter: PART 6 - POWERS FOR EXECUTION OF ACT
section: 71
title: Protection from personal liability
content:
71. No liability shall lie personally against — ( a ) the Commissioner; ( b ) an Assistant Commissioner; ( c ) an investigation officer; ( d ) a health professional making an assessment or preparing a medical report in respect of any claimant under this Act; or ( e ) a person appointed as a member of the Medical Board or a panel under section 57, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.


document_id: wica-2019
provision_ref: s73
chapter: PART 7 - GENERAL PROVISIONS ON OFFENCES
section: 73
title: Offences by unincorporated associations or partnerships
content:
73. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is that unincorporated association or partnership, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: wica-2019
provision_ref: s74
chapter: PART 7 - GENERAL PROVISIONS ON OFFENCES
section: 74
title: When Magistrate may try offence
content:
74. For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving a complaint in writing and signed by the Commissioner, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of that Code.


document_id: wica-2019
provision_ref: s75
chapter: PART 7 - GENERAL PROVISIONS ON OFFENCES
section: 75
title: Jurisdiction of court
content:
75. Despite the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: wica-2019
provision_ref: s76
chapter: PART 7 - GENERAL PROVISIONS ON OFFENCES
section: 76
title: Composition of offences
content:
76. —(1) The Commissioner, or an Assistant Commissioner so authorised by the Commissioner, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: wica-2019
provision_ref: s77
chapter: PART 7 - GENERAL PROVISIONS ON OFFENCES
section: 77
title: Government not liable to prosecution
content:
77. To avoid doubt, nothing in this Act renders the Government liable to prosecution for an offence.


document_id: wica-2019
provision_ref: s78
chapter: PART 8 - MISCELLANEOUS
section: 78
title: Immunity from liability for disclosure of information
content:
78. —(1) A person required under this Act to provide information to a designated insurer or the Commissioner for the purposes of processing a claim under this Act does not commit any offence under any written law or any breach of confidence, or incur any civil liability, merely by disclosing any information, in good faith and with reasonable care, in accordance with any direction of the Commissioner under this Act or any requirement under this Act. (2) A designated insurer does not commit any offence under any written law or any breach of confidence, or incur any civil liability, merely by disclosing any information, in good faith and with reasonable care, in accordance with any direction of the Commissioner under this Act or any requirement under this Act.


document_id: wica-2019
provision_ref: s79
chapter: PART 8 - MISCELLANEOUS
section: 79
title: Exemptions
content:
79. —(1) The Minister may, by order in the Gazette and with or without conditions, exempt any class or description of persons from all or any of the provisions of this Act. (2) If a person fails to comply with a condition of an exemption, the exemption does not, while the non‑compliance continues, operate in that person’s favour. (3) If, by virtue of subsection (2), a person is guilty of an offence under a provision of this Act from which the person was exempted by an exemption, the person may be proceeded against for that offence.


document_id: wica-2019
provision_ref: s80
chapter: PART 8 - MISCELLANEOUS
section: 80
title: Service of documents
content:
80. —(1) Any notice or document required or authorised to be served under this Act may be served in any manner prescribed under this Act. (2) Where a notice or document mentioned in subsection (1) is available on an electronic system specified by the Commissioner that any person in a class prescribed under this Act has the right and means to access, the notice or document may also be served on that person by the Commissioner or a designated insurer (as the case may be) notifying the person that the notice or document is available on that electronic system. (3) The notice or document is deemed to be served under subsection (2) when the person receives the Commissioner’s or designated insurer’s notification that the notice or document is available on the electronic system. (4) This section does not apply to service in proceedings in any court.


document_id: wica-2019
provision_ref: s81
chapter: PART 8 - MISCELLANEOUS
section: 81
title: Amendment of Schedules
content:
81. —(1) The Minister may, by order in the Gazette , add to or amend any of the Schedules. (2) The Minister may, in any order made under subsection (1), make such saving or transitional provisions as may be necessary or expedient.


document_id: wica-2019
provision_ref: s82
chapter: PART 8 - MISCELLANEOUS
section: 82
title: Regulations
content:
82. —(1) The Minister may make regulations generally for the carrying out or giving effect to the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the limitations subject to which persons appointed to exercise powers and perform duties conferred and imposed on the Commissioner may exercise and perform such powers and duties; ( b ) the intervals at which and conditions subject to which a claimant may be required to submit himself or herself for examination by a health professional under this Act; ( c ) the manner in which money deposited with the Commissioner may be invested; ( d ) the procedure in respect of any proceedings or any matter or thing to be done under this Act; ( e ) the fees to be paid in respect of any matter or thing done or document issued under this Act, including fees in relation to the approval of insurance policies and the designation of designated insurers; ( f ) the procedure for application for designation as a designated insurer and for appeals to the Minister by designated insurers against a decision of the Commissioner; ( g ) the transfer outside Singapore of money in the hands of the Commissioner or the receipt and administration by the Commissioner of any money from outside Singapore applicable for the benefit of any person; ( h ) the maintenance and application of the Workers’ Fund; ( i ) the procedure to be followed when a health professional who has examined a claimant certifies that medical treatment in an approved medical institution is necessary under section 16 and the payment of the cost of medical treatment; ( j ) require — (i) an employer to display the certificate of insurance issued by the employer’s insurer for the approved employee insurance policy or policies applicable to the employer; or (ii) a platform operator to display the certificate of insurance issued by the platform operator’s insurer for the approved platform worker insurance policy or policies applicable to the platform operator; [Act 30 of 2024 wef 01/01/2025] ( k ) the period within which any compensation has to be paid by any person liable to pay the compensation under this Act; ( l ) the application of any provision of this Act, with the modifications specified in the regulations, to a principal against whom a direction under section 13(1) is made; ( m ) the application of any provision of this Act, with the modifications specified in the regulations, to a seafarer; ( n ) any matter as may be necessary or expedient to be prescribed for carrying out the provisions of this Act. (3) The regulations made under this section may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both.


document_id: wica-2019
provision_ref: s83
chapter: PART 8 - MISCELLANEOUS
section: 83
title: Repeal and saving and transitional provisions
content:
83. —(1) Despite its repeal, the repealed Act continues to apply, as if this Act had not been enacted, to any personal injury caused by an accident to an employee, or disease contracted by an employee, if the date of the accident for that personal injury or disease is before 1 September 2020. (2) Where, immediately before 1 September 2020, an employer is insured under an approved policy mentioned in section 23 of the repealed Act (called in this subsection the existing policy) — ( a ) subject to paragraph ( c )(ii), Part 3 does not apply to that employer, the existing policy and the insurer in respect of that existing policy until the earlier of the following: (i) the existing policy expires or is due for renewal; (ii) one year after 1 September 2020; ( b ) section 23 of the repealed Act and the Work Injury Compensation Insurance Regulations (Cap. 354, Rg 3) as in force before 1 September 2020 continue to apply to that employer, the existing policy and the insurer in respect of that existing policy until the earlier of the following: (i) the existing policy in question has expired or is due for renewal; (ii) one year after 1 September 2020; and ( c ) if an accident occurs on or after 1 September 2020 for which the employer may be liable — (i) a claim for compensation in respect of any injury resulting from that accident is to be processed by the Commissioner under section 36(2); and (ii) the references to the employer’s insurer in sections 3(3), 16, 17, 18, 19, 21, 27, 35, 40, 43, 48, 49, 50(1)( b ), 51, 52, 54, 58, 63 and 82 apply as if they include references to that insurer of the existing policy. (3) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. (4) Nothing in this section affects section 16 of the Interpretation Act 1965. [84


document_id: wma-1975
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Accuracy Label” means a mark referred to in section 7(2)( d )(ii) for use as evidence of the passing of any weighing or measuring instrument as fit for use for trade; “Authorised Verifier” means any person appointed by the Commission under section 29A; [Act 13 of 2025 wef 01/07/2025] [ Deleted by Act 13 of 2025 wef 01/07/2025 ] “catch weight goods” means goods that — ( a ) are enclosed in a package; ( b ) cannot be portioned to a predetermined quantity because of their nature; and ( c ) are usually sold in varying quantities; “check-weighed”, in relation to any vehicle, means weighed with its load by means of the nearest suitable and available weighing instrument, and weighed again after it has been unloaded by means of the same or other suitable weighing instrument; “Commission” means the Competition and Consumer Commission of Singapore established by section 3 of the Competition Act 2004; [Act 13 of 2025 wef 01/07/2025] “constructional use”, in relation to any goods, means the use of those goods in constructional work in the course of the carrying on of a business; “container” includes any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by way of attaching the goods to, or winding the goods round, some other article, and in particular includes a wrapper or confining band; “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions are to be construed accordingly; “Controller” means the Controller of Weights and Measures appointed under section 29 and includes any officer duly authorised by the Controller to act on his or her behalf; “desiccating goods” means any goods made up in a package that lose weight or volume solely through evaporation when the package is made up; [ Deleted by Act 31 of 2022 wef 01/06/2024 ] “food” has the meaning given by section 4 of the Food Safety and Security Act 2025; [Act 7 of 2025 wef 28/11/2025] “gross weight”, in relation to any goods, means the aggregate weight of the goods and any container in or on which they are made up; “inadequate package” means a package enclosing goods that contain less than the quantity stated on the package or a label attached to the package, where the deficiency is more than twice the amount of error prescribed for the purpose of this definition; “indication of quantity”, in relation to any container in or on which goods are made up, means a written statement to the effect that those goods are of, or of not less than, a specified quantity by net weight, gross weight or other measurement or by number, as the case may require; “industrial use”, in relation to any goods, means the use of those goods in the manufacture of, or for incorporation in, goods of a different description in the course of the carrying on of a business; “inspector” means an inspector of weights and measures appointed under section 29; “international definition”, in relation to any unit of measurement, means the definition of that unit recognised by the General Conferences of Weights and Measures from time to time convened by the International Bureau of Weights and Measures; “lot of packages” means a collection of packages enclosing goods that — ( a ) are of the same kind; ( b ) are of the same stated weight, measure or number; and ( c ) are available for inspection at the same time and place; “mark” includes label; “non-standard package” means a package enclosing goods that contains less than the quantity stated on the package or a label attached to it, where the deficiency is more than the amount of error prescribed for the purpose of this definition but not more than twice that prescribed amount of error; “occupier”, in relation to any stall, vehicle, ship or aircraft or in relation to the use of any place for any purpose, means the person for the time being in charge of the stall, vehicle, ship or aircraft or (as the case may be) the person for the time being using that place for that purpose; “premises”, except in section 28(3), includes any place and any stall, vehicle, ship or aircraft; “prepacked” means made up in advance ready for retail sale in or on a container; and on any premises where articles of any description are so made up, or are kept or stored for sale after being so made up, any article of that description found made up in or on a container is deemed to be prepacked unless the contrary is proved; and it is not sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of this Act or any subsidiary legislation made under this Act with respect to the prepacking of such articles; “sale by retail” means a sale to a person buying for the person’s own use or consumption; “ship” includes any boat and any other description of vessel used in navigation; “stamp” means a mark referred to in section 7(2)( d )(i) for use as evidence of the passing of any weighing or measuring instrument as fit for use for trade; “supply”, in relation to a weighing or measuring instrument, includes — ( a ) selling the weighing or measuring instrument, whether by wholesale or retail or otherwise; ( b ) supplying the weighing or measuring instrument by way of exchange, lease, loan, hire or hire-purchase; ( c ) supplying the weighing or measuring instrument, whether with or without charge, by way of sample or otherwise; ( d ) offering or exposing the weighing or measuring instrument for sale or supply; and ( e ) keeping or having the weighing or measuring instrument for the purpose of selling or supplying it to someone else; “weighing or measuring instrument” means an instrument for measuring in terms of length, area, volume, capacity, weight or number, whether or not the instrument is constructed to give an indication of the measurement made or other information determined by reference to that measurement, and includes any article used as a weighing or measuring instrument. [30/2005; 10/2018] (2) Except where the context otherwise requires, any reference in this Act to any person, other than a reference to an Authorised Verifier or inspector, is to be construed as a reference to that person or some other person acting on that person’s behalf in the matter in question. [30/2005]


document_id: wma-1975
provision_ref: s3
chapter: PART 2 - UNITS AND STANDARDS OF MEASUREMENT
section: 3
title: Units of measurement
content:
3. —(1) The metre is the unit of measurement of length and the kilogram is the unit of measurement of mass by reference to which any measurement involving a measurement of length or mass is to be made in Singapore. [30/2005] (2) The First Schedule has effect for defining, for the purposes of measurements falling to be made in Singapore, the units of measurements set out in that Schedule; and for the purposes of any measurement of weight falling to be so made, the weight of anything may be expressed, by reference to the units of measurements set out in Part 5 of that Schedule, in the same terms as its mass.


document_id: wma-1975
provision_ref: s4
chapter: PART 2 - UNITS AND STANDARDS OF MEASUREMENT
section: 4
title: Standard weights and measures
content:
4. —(1) There is to be maintained by the Agency for Science, Technology and Research established under section 3 of the Agency for Science, Technology and Research Act 1990 or any other person that the Minister may, by notification in the Gazette , specify the standards of the metre and kilogram (called in this Act the Singapore standards) by reference to which all other standards of — ( a ) those units; and ( b ) any other unit of measurement derived wholly or partly from any of those units, are maintained. [30/2005; 54/2007] (2) The Minister must from time to time as may appear to him or her expedient cause — ( a ) the value of each of the Singapore standards to be determined or redetermined; and ( b ) any authorised copy of any of those standards to be compared with, and its value determined or redetermined by reference to, that standard, in any manner that the Minister may direct. (3) The reference standards consist of standards of all the measures set out in Parts 1 and 2, and the weights set out in Part 3, of the Second Schedule other than capacity measures of more than 10 litres; and any such standard must be constructed and, while it remains in use, from time to time have its value or values redetermined by reference to one or more of the Singapore standards maintained under subsection (1). [30/2005; 54/2007] (4) The Minister may by order amend the Second Schedule by adding to or removing from Part 1 or 2 of that Schedule any linear or capacity measure or from Part 3 of that Schedule any weight. (5) The Controller must provide for use by the inspectors and maintain or from time to time replace the standards of the measures and weights set out in the Second Schedule, and the instruments for testing and the affixing of stamps and Accuracy Labels that the Controller may from time to time approve or require as being proper and sufficient for the efficient discharge of their duties. [30/2005]


document_id: wma-1975
provision_ref: s5
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 5
title: Meaning of “use for trade”
content:
5. —(1) For the purposes of this Act, “use for trade” means, subject to subsection (2), use in Singapore in connection with, or with a view to, a transaction for — ( a ) the transferring or rendering of money or money’s worth in consideration of money or money’s worth; or ( b ) the making of a payment in respect of any toll or duty, where — ( c ) the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement of the quantity of goods to which the transaction relates; and ( d ) the use is for the purpose of the determination or statement of that quantity. (2) Subsection (1) does not apply where — ( a ) the determination or statement is a determination or statement of the quantity of goods required for despatch to a destination outside Singapore; and ( b ) no transfer or rendering of money or money’s worth is involved other than the passing of the title to the goods and the consideration therefor. [30/2005] (3) Any weighing or measuring instrument which is made available in Singapore for use by the public, whether on payment or otherwise, is to be treated for the purposes of this Part as weighing or measuring instrument in use for trade, whether or not it would apart from this subsection be so treated. [30/2005]


document_id: wma-1975
provision_ref: s6
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 6
title: Units of measurements and weights lawful for use for trade
content:
6. —(1) Subject to section 40, a person must not use for trade any unit of measurement of length, area, volume, capacity, mass or weight which is not included in the First Schedule. (2) A person must not use the carat (metric) for trade except for the purposes of transactions in precious stones or pearls. [30/2005] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence, and any measure or weight used, or in any person’s possession for use, in contravention of any of those subsections shall be liable to be forfeited. [30/2005] (4) The Minister may by regulations prescribe what may be treated for the purposes of use for trade as the equivalent of, or of any multiple or fraction of, any unit of measurement or weight included in the First Schedule in terms of any other such unit. (5) Subsection (1) does not apply to the prescribing of, or the dispensing of a prescription for, health or medicinal products, and nothing in any regulations made under subsection (4) applies to any transaction in health or medicinal products; but the Minister for Health may by regulations, which have effect despite anything in, or in any subsidiary legislation made under, any other enactment — ( a ) prescribe what may be treated for the purposes of dealings with health or medicinal products as the equivalent of, or of any multiple or fraction of, any unit of measurement which is included in the First Schedule in terms of any other such unit; [Act 31 of 2022 wef 01/06/2024] ( b ) require that any person carrying out any such dealing with health or medicinal products, as is specified in the regulations for the purposes of which the quantity of the health or medicinal products is expressed in terms of any such unit which is so specified, must carry out that dealing in terms of the equivalent quantity prescribed under paragraph ( a ) that is so specified. [Act 31 of 2022 wef 01/06/2024] (5A) In subsection (5), “health or medicinal product” means — ( a ) a health product as defined in section 2(1) of the Health Products Act 2007; or ( b ) a medicinal product as defined in section 3 of the Medicines Act 1975. [Act 31 of 2022 wef 01/06/2024] (6) The Minister may by order amend the First Schedule by adding to or removing from Parts 1 to 5 of that Schedule any unit of measurement of length, of area, of volume, of capacity, or of mass or weight, as the case may be.


document_id: wma-1975
provision_ref: s7
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 7
title: Weighing or measuring instruments for use for trade
content:
7. —(1) This section applies to weighing or measuring instruments of any class or description that may be prescribed. [30/2005] (2) A person must not — ( a ) supply for use for trade; or ( b ) use for trade, or have in the person’s possession for use for trade, any weighing or measuring instrument to which this section applies unless — ( c ) the instrument has been submitted to and passed as being fit for such use by an Authorised Verifier under section 7A or an inspector under section 7B; and ( d ) except as otherwise expressly provided under this Act or by regulations made under section 10, the instrument has been affixed with — (i) a stamp; and (ii) an Accuracy Label, indicating that it has been so passed, and both the stamp and Accuracy Label remain undefaced otherwise than by reason of fair wear and tear. [30/2005] (3) Any person who contravenes subsection (2) shall be guilty of an offence and any weighing or measuring instrument in respect of which the offence was committed shall be liable to be forfeited. [30/2005] (4) Where — ( a ) in accordance with regulations made under section 10, any weighing or measuring instrument is passed as fit for use for trade and affixed with a stamp and an Accuracy Label only after it has been installed at the place where it is used for trade; and ( b ) the instrument is subsequently dismantled and reinstalled, whether in the same or some other place, the instrument must not be used for trade after being so reinstalled until it has been retested by an Authorised Verifier or inspector. [30/2005] (5) Any person who — ( a ) knowingly uses any weighing or measuring instrument in contravention of subsection (4); ( b ) knowingly causes or permits any other person so to use it; or ( c ) knowing that the instrument is required under subsection (4) to be retested disposes of it to some other person without informing that other person of that requirement, shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005]


document_id: wma-1975
provision_ref: s7A
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 7A
title: Inspection and testing by Authorised Verifier
content:
7A. —(1) Any person requiring any weighing or measuring instrument to which section 7 applies to be tested for its fitness for use for trade by an Authorised Verifier must submit the instrument to the Authorised Verifier in the manner that the Authorised Verifier may require. [30/2005] (2) An Authorised Verifier may charge any fee that he or she may determine for the testing of any weighing or measuring instrument submitted to him or her under subsection (1). [30/2005] (3) On payment of the fee, the Authorised Verifier must inspect the weighing or measuring instrument and — ( a ) test the instrument for its fitness for use for trade by means of any method of testing, working standard and testing instrument that may be specified by the Controller; and ( b ) subject to the provisions of this Act and any regulations made under section 10, if the instrument being tested falls within the prescribed maximum permissible error, pass the instrument as being fit for use for trade and affix the instrument with a stamp and an Accuracy Label. [30/2005] (4) If any difference arises between an Authorised Verifier and the person who submitted the weighing or measuring instrument being tested with respect to any method of testing, working standard or testing instrument used under subsection (3)( a ), that difference may with the consent of that other person, and must at the request of that other person, be referred to the Controller whose decision is final. [30/2005] (5) Unless the Commission otherwise allows, an Authorised Verifier must not pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him or her under subsection (1) unless a letter of pattern approval in respect of the pattern of that instrument has been issued by the Controller under section 8. [30/2005] [Act 13 of 2025 wef 01/07/2025] (6) Where any weighing or measuring instrument submitted to an Authorised Verifier under subsection (1) is of a pattern in respect of which a letter of pattern approval granted under section 8 is for the time being in force, or of such a pattern modified only in a manner for the time being authorised by the Controller under that section, the Authorised Verifier must not refuse to pass, or affix a stamp or an Accuracy Label on, the instrument on the ground that it is not suitable for use for trade. [30/2005] (7) For the purposes of subsection (6), if the Authorised Verifier is of the opinion that the weighing or measuring instrument is intended for use for trade for a particular purpose for which it is not suitable, he or she may refuse to pass it as fit for use for trade, or affix a stamp or an Accuracy Label on it, until the matter has been referred to the Controller whose decision is final. [30/2005] (8) Where an Authorised Verifier refuses to pass as fit for use for trade any weighing or measuring instrument, the Authorised Verifier must — ( a ) immediately give to the person in charge of that instrument written notice of his or her refusal in the form that the Controller may require; and ( b ) as soon as practicable, send a copy of the notice to the Controller. [30/2005] (9) Where it is not possible or practicable to give a notice under subsection (8)( a ), the Authorised Verifier must attach the notice to the weighing or measuring instrument to which the notice relates. [30/2005] (10) Every Authorised Verifier must — ( a ) keep a record of — (i) every inspection and test carried out by him or her under subsection (3); and (ii) every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument; and ( b ) submit to the Controller, in the form, comprising the information and within the time that the Controller may require, together with any fee that may be prescribed — (i) a report on every inspection and test carried out by him or her under subsection (3); and (ii) a report on every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument. [30/2005] (11) Any Authorised Verifier who fails to keep any record referred to in subsection (10)( a ) shall be guilty of an offence. [30/2005]


document_id: wma-1975
provision_ref: s7B
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 7B
title: Inspection and testing by inspector
content:
7B. —(1) Any person requiring any weighing or measuring instrument to which section 7 applies to be tested for its fitness for use for trade by an inspector must submit the instrument to the inspector in the manner that the Controller may direct. [30/2005] (2) On payment by the person mentioned in subsection (1) of the prescribed fee, the inspector must inspect the weighing or measuring instrument and — ( a ) test the instrument by means of any method of testing, working standard and testing instrument that the inspector considers appropriate or, subject to any condition which may be prescribed, by means of any other instrument which has already been tested and which the inspector considers suitable for the purpose; and ( b ) subject to the provisions of this Act and any regulations made under section 10, if the instrument submitted falls within the prescribed maximum permissible error, pass the instrument as being fit for use for trade and affix the instrument with a stamp and an Accuracy Label. [30/2005] (3) If any difference arises between an inspector and the person who submitted the weighing or measuring instrument for testing with respect to any method of testing, working standard or testing instrument used under subsection (2)( a ), that difference may with the consent of that other person, and must at the request of that other person, be referred to the Controller whose decision is final. [30/2005] (4) Unless the Commission otherwise allows, an inspector must not pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him or her under subsection (1) unless a letter of pattern approval in respect of the pattern of that instrument has been issued by the Controller under section 8. [30/2005] [Act 13 of 2025 wef 01/07/2025] (5) Where any weighing or measuring instrument submitted to an inspector under subsection (1) is of a pattern in respect of which a letter of pattern approval granted under section 8 is for the time being in force, or of such a pattern modified only in a manner for the time being authorised by the Controller under that section, the inspector must not refuse to pass, or affix a stamp or an Accuracy Label on, the instrument on the ground that it is not suitable for use for trade. [30/2005] (6) For the purposes of subsection (5), if the inspector is of the opinion that the weighing or measuring instrument is intended for use for trade for a particular purpose for which it is not suitable, he or she may refuse to pass it as fit for use for trade, or affix a stamp or an Accuracy Label on it, until the matter has been referred to the Controller whose decision is final. [30/2005] (7) Every inspector must keep a record of every inspection and test carried out by him or her under subsection (2). [30/2005] (8) Nothing in this section or section 7 requires any inspector to inspect, test or pass any weighing or measuring instrument as fit for use for the purpose of section 7 unless there is no Authorised Verifier able to do so without unreasonable delay. [30/2005]


document_id: wma-1975
provision_ref: s8
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 8
title: Approved patterns of instruments for use for trade
content:
8. —(1) Any importer or manufacturer who intends, in the course of any trade or business, to supply in Singapore any weighing or measuring instrument to which section 7 applies must — ( a ) submit in the manner that the Controller may require the pattern of that instrument to the Controller for examination, together with any fee that may be prescribed; and ( b ) obtain from the Controller a letter of pattern approval signifying the suitability of that instrument for use for trade. [30/2005] (2) Any importer or manufacturer who, in the course of any trade or business, supplies in Singapore any weighing or measuring instrument in respect of which a letter of pattern approval from the Controller has not been obtained shall be guilty of an offence. [30/2005] (3) Upon receipt of the pattern of a weighing or measuring instrument and any prescribed fee under subsection (1), the Controller must, in the manner that may be prescribed, examine the suitability for use for trade of the pattern of the weighing or measuring instrument, having regard in particular to the principle, materials and methods used or proposed to be used in its construction. [30/2005] (4) If, upon completion of the examination under subsection (3), the Controller is satisfied that the weighing or measuring instrument examined is suitable for use for trade, then, subject to section 9(2), the Controller — ( a ) must issue a letter of pattern approval of that pattern and cause particulars thereof to be published; and ( b ) may from time to time thereafter authorise any minor modifications thereof that he or she thinks fit and cause particulars of those modifications to be published. [30/2005] (5) The requirements of subsection (4) as to the publication of the particulars of any pattern or modification do not apply where the letter of pattern approval is issued subject to a condition that is mentioned in subsection (6). [30/2005] (6) A letter of pattern approval issued under subsection (4) may be granted subject to a condition that, except with the Controller’s consent, the weighing or measuring instrument of the pattern approval in question must be used for trade only for a specified period or a specified purpose. [30/2005] (7) Any person who, knowing that a condition mentioned in subsection (6) has been imposed with respect to any weighing or measuring instrument — ( a ) uses, or causes or permits any other person to use, that instrument in contravention of that condition; or ( b ) disposes of that instrument to any other person in a state in which it could be used for trade without informing that other person of that condition, shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005] (8) The Controller, after consultation with any person appearing to the Controller to be interested that the Controller thinks fit, may at any time revoke any letter of pattern approval or authorisation granted under this section, and must cause notice of the revocation to be published. [30/2005] (9) Where the Controller has revoked any letter of pattern approval or authorisation under subsection (8), any person who, knowing that the letter of pattern approval or authorisation has been revoked, and except as may be permitted by any fresh letter of pattern approval or authorisation granted in respect thereof — ( a ) uses for trade, or has in the person’s possession for such use, or causes or permits any other person so to use, any weighing or measuring instrument of the pattern or incorporating the modification in question; or ( b ) disposes of any such instrument to any other person in a state in which it could be so used without informing that other person of the revocation, shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005] (10) Any weighing or measuring instrument of a pattern in respect of which a letter of pattern approval has been granted under this section may, and in the cases that may be prescribed, must, be marked in the manner that may be prescribed so as to identify it with the pattern in question. [30/2005]


document_id: wma-1975
provision_ref: s9
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 9
title: General specifications of instruments for use for trade
content:
9. —(1) The Minister may by regulations prescribe general specifications for the construction of weighing or measuring instruments to which section 7 applies. [30/2005] (2) Subject to subsection (4), where any general specification is for the time being prescribed under subsection (1), a letter of pattern approval must not be issued under section 8 in respect of the pattern of any weighing or measuring instrument unless the pattern complies with the prescribed general specifications. [30/2005] (3) Where any specification prescribed by regulations made under this section is varied or revoked by further regulations made under this section, then if any person uses for trade, or has in the person’s possession for such use, or causes or permits any other person so to use, any instrument which conformed with that specification but which to the person’s knowledge no longer conforms to any specification so prescribed, or disposes of any such instrument to any other person in a state in which it could be so used without informing that other person that it no longer so conforms, the person shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005] (4) Where, in the case of any particular instrument, the Controller is of the opinion that there are special circumstances which make it impracticable or unnecessary for that instrument to comply with any particular requirement of any specification prescribed under this section, the Controller may exempt that instrument from that requirement subject to compliance with the conditions (if any) that he or she thinks fit; and if any person knowingly contravenes any condition imposed with respect to any instrument by virtue of this subsection, the person shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005]


document_id: wma-1975
provision_ref: s10
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 10
title: Regulations relating to weighing or measuring instruments for trade
content:
10. —(1) The Minister may make regulations with respect to — ( a ) the materials and principles of construction of weighing or measuring instruments for use for trade; ( b ) the inspection, testing and passing as fit for use for trade of weighing or measuring instruments, and stamps and Accuracy Labels and the affixing thereof, including — (i) the circumstances in which the affixing of stamps and Accuracy Labels on weighing or measuring instruments are prohibited or are not necessary; (ii) prohibiting the affixing of stamps or Accuracy Labels or both on prescribed instruments and requiring them to be affixed elsewhere; (iii) the period for which stamps and Accuracy Labels are to remain in force; (iv) the circumstances in which an inspector may remove or detain any weighing or measuring instrument for inspection or testing; and (v) the marking of any weighing or measuring instrument found unfit for use for trade; ( c ) the circumstances in which, conditions under which and manner in which stamps may be obliterated or defaced and Accuracy Labels cancelled; ( d ) the retesting of weighing or measuring instruments passed as fit for use for trade; ( e ) the purposes for which particular types of weighing or measuring instruments may be used for trade; ( f ) the manner of erection or use of weighing or measuring instruments used for trade; ( g ) the abbreviations of or symbols for units of measurement which may be used for trade; and ( h ) the manner in which the tare weight of road vehicles, or of road vehicles of any particular class or description, is to be determined. [30/2005] (2) The regulations made under subsection (1) may provide that any contravention of the regulations is an offence punishable with a fine not exceeding $2,000, and that any weighing or measuring instrument in respect of which the contravention was committed shall be liable to be forfeited. [30/2005] (3) Where in the special circumstances of any particular case it appears to be impracticable or unnecessary that any requirement of any regulations made under this section should be complied with, the Minister may if he or she thinks fit dispense with the observance of that requirement subject to compliance with the conditions (if any) that he or she thinks fit to impose, and if any person knowingly contravenes any condition imposed with respect to any instrument by virtue of this subsection the person shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005]


document_id: wma-1975
provision_ref: s11
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 11
title: Offences in connection with affixing of stamps and Accuracy Labels on instruments
content:
11. —(1) Any person who, in the case of any weighing or measuring instrument used or intended to be used for trade — ( a ) not being an Authorised Verifier or an inspector or a person acting under the instructions of an Authorised Verifier or inspector — (i) inspects, tests or passes as fit for use for trade the instrument for the purposes of this Act; (ii) affixes any stamp or Accuracy Label on the instrument; or (iii) marks in any manner any plug or seal used or designed for use for the reception of a stamp; ( b ) forges, counterfeits or, except as permitted under this Act, in any way alters or defaces any stamp or Accuracy Label; ( c ) removes any stamp or Accuracy Label and inserts it onto any other such instrument; or ( d ) makes any alteration in the instrument after it has been affixed with a stamp or an Accuracy Label such as to make it false or unjust, shall be guilty of an offence. [30/2005] (2) Subsection (1)( a )(iii) and ( b ) does not apply to the destruction or obliteration of any stamp, plug, seal or Accuracy Label in the course of the adjustment or repair of any weighing or measuring instrument by, or by the duly authorised agent of, a person who is a manufacturer of, or regularly engaged in the business of repairing, such instrument. [30/2005] (3) Any person who uses for trade or supplies any weighing or measuring instrument which to the person’s knowledge — ( a ) bears a stamp or an Accuracy Label which is a forgery or counterfeit, or which has been transferred from another instrument, or which has been altered or defaced otherwise than as permitted under this Act; or ( b ) is false or unjust as the result of an alteration made in the instrument after it has been affixed with a stamp or an Accuracy Label, shall be guilty of an offence. [30/2005] (4) Any weighing or measuring instrument in respect of which an offence under this section is committed, and any stamp or instrument for the affixing of stamps and Accuracy Labels used in the commission of the offence, shall be liable to be forfeited. [30/2005]


document_id: wma-1975
provision_ref: s12
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 12
title: Power to ban use of weighing or measuring instrument
content:
12. —(1) The Minister may by order prohibit the use of any weighing or measuring instrument for any purposes that he or she may specify, even though the weighing or measuring instrument has been inspected, tested and passed as fit for use for trade under this Part, if the Minister is satisfied that the use of such weighing or measuring instrument should be discontinued for any purposes that may be specified in the order. [30/2005] (2) If any person uses for trade, or has in the person’s possession for trade, any weighing or measuring instrument to which an order made under subsection (1) applies, the person shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005] 13. [ Repealed by Act 30 of 2005 ]


document_id: wma-1975
provision_ref: s14
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 14
title: Other offences in connection with instruments
content:
14. —(1) If any person uses for trade, or has in the person’s possession for use for trade, any weighing or measuring instrument which is false or unjust, the person shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005] (2) Without affecting the liability of any weighing or measuring instrument to be forfeited, it is a defence for any person charged with an offence under subsection (1) to show — ( a ) in respect of the use for trade of the weighing or measuring instrument, that — (i) the person used the instrument only in the course of his or her employment by some other person; and (ii) the person neither knew, nor had any reason to suspect, that the instrument was false or unjust; or ( b ) in respect of the use for trade or the possession for use for trade of the weighing or measuring instrument, that — (i) the use or possession of the instrument took place during a period of 12 months immediately following the month in which an Accuracy Label for the instrument was issued; and (ii) the person neither knew, nor had any reason to suspect, that the instrument was false or unjust. [30/2005] (3) If any fraud is committed in the using of any weighing or measuring instrument for trade, the person committing the fraud and any other person who is a party to the fraud shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005]


document_id: wma-1975
provision_ref: s15
chapter: PART 3 - WEIGHING AND MEASURING FOR TRADE
section: 15
title: Evidence of possession of instruments for use for trade
content:
15. Where any weighing or measuring instrument is found in the possession of any person carrying on trade or on any premises which are used for trade, that person or (as the case may be) the occupier of those premises is deemed for the purposes of this Act, unless the contrary is proved, to have that instrument in his, her or its possession for use for trade. [30/2005]


document_id: wma-1975
provision_ref: s16
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 16
title: Transactions in particular goods
content:
16. —(1) The Minister may by order make provision with respect to any goods specified in the order for all or any of the following purposes, that is to say, to ensure that, except in the cases or in the circumstances that may be so specified, the goods in question: ( a ) are sold only by quantity expressed in the manner that may be so specified; ( b ) are prepacked, or are otherwise made up in or on a container for sale or for delivery after sale, only if the container is marked with the information as to the quantity of the goods that may be so specified; ( c ) are sold, or are prepacked, or are otherwise made up in or on a container for sale or for delivery after sale, or are made for sale, only in the quantities that may be so specified; ( d ) are not sold without the quantity sold expressed as aforesaid being made known to the buyer at or before the time that may be so specified; ( e ) are sold by means of, or are offered or exposed for sale in, a vending machine only if there is displayed on or in the machine — (i) the information as to the quantity of the goods in question comprised in each item for sale by means of that machine that may be so specified; and (ii) a statement of the name and address of the seller; ( f ) are carried for reward only pursuant to an agreement made by reference to the quantity of the goods in question expressed as aforesaid; ( g ) in the circumstances that may be so specified, have associated therewith in the manner that may be so specified a document containing a statement of the quantity of the goods in question expressed in the manner and a statement of the other particulars (if any) that may be specified; ( h ) when carried on a road vehicle along a road are accompanied by a document containing the particulars determined in the manner that may be so specified as to the weight of the vehicle and its load apart from the goods in question; ( i ) are not to be sold or prepacked for sale by any weight or measure which is not a unit of the metric system; or ( j ) are not to be sold, advertised or displayed for sale at a price other than a price expressed by reference to a prescribed metric quantity. [30/2005] (2) An order under subsection (1) may — ( a ) provide for any of the purposes mentioned in subsection (1) in any manner, whether by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any provision of this Act or of any previous order made under subsection (1) or otherwise; ( b ) make (if any) different provisions for retail and other sales respectively and for the provisions to be in force in any places or districts in Singapore that are so specified; and ( c ) contain any consequential, incidental or supplementary provision, whether by the means as aforesaid or otherwise, that may appear to the Minister to be expedient, and may in particular provide in respect of contraventions of the order for which no penalty is provided by this Act for the imposition of penalties not exceeding those provided by section 35 for an offence under this Act. (3) The Minister may make regulations — ( a ) as to the manner in which any container required by any order made under subsection (1) to be marked with information as to the quantity of the goods made up in the container is to be so marked; ( b ) as to the manner in which any information required by any such provision as aforesaid to be displayed on or in a vending machine is to be so displayed; ( c ) as to the conditions which must be satisfied in marking with information as to the quantity of goods made up therein the container in or on which any goods are made up for sale (whether by way of prepacking or otherwise) where those goods are goods on a sale of which (whether any sale or a sale of any particular description) the quantity of the goods sold is required by any such provision as aforesaid to be made known to the buyer at or before a particular time; ( d ) as to the units of measurement to be used in marking any such container or machine as aforesaid with any information as to quantity; ( e ) for securing, in the case of prepacked goods, that the container is so marked as to enable the packer to be identified; ( f ) as to the method by which and conditions under which quantity is to be determined in connection with any information with respect to quantity required by this section; and ( g ) permitting in the case of the goods and in the circumstances that may be specified in the regulations the weight of any articles used in making up the goods for sale that may be so specified to be included in the net weight of the goods for the purpose of this Act, and any person who contravenes any regulations made under this subsection otherwise than by virtue of paragraph ( f ) or ( g ) shall be guilty of an offence. [30/2005] (4) The Minister may by order grant and from time to time vary or revoke, with respect to goods or sales of any descriptions that may be specified in the order or exemption, either generally or in the circumstances that may be so specified, from all or any requirements imposed by this section; and, until otherwise provided by such an order, the following are exempted from all such requirements: ( a ) goods made up in or on a container for sale only for use by the Singapore Armed Forces or by a visiting force within the meaning of any of the provisions of Part 2 of the Visiting Forces Act 1960 and not sold or offered, exposed or in any person’s possession for sale for any other use; ( b ) any sale of goods in the case of which the buyer gives written notice to the seller before the sale is completed that the goods are being bought — (i) for despatch to a destination outside Singapore; or (ii) for use as stores within the meaning of the Customs Act 1960 in a ship or aircraft on a voyage or flight to an eventual destination outside Singapore; ( c ) any goods sold for, or offered, exposed or in any person’s possession for sale only for, use or consumption at the premises of the seller; ( d ) any assortment of articles of food prepacked together for consumption together as a meal and ready for such consumption without being cooked, heated or otherwise prepared. [30/2005]


document_id: wma-1975
provision_ref: s17
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 17
title: Offences in transactions in particular goods
content:
17. —(1) Subject to the provisions of this Part, in the case of any goods which, when not prepacked, are required by this Act to be sold only by quantity expressed in a particular manner or only in a particular quantity, any person who — ( a ) whether on the person’s own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell; or ( b ) causes or suffers any other person to offer or expose for sale, sell or agree to sell on the firstmentioned person’s behalf, those goods otherwise than by quantity expressed in that manner or (as the case may be) otherwise than in that quantity, shall be guilty of an offence. (2) Subject to the provisions of this Part, in the case of any goods required by this Act to be prepacked, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made for sale, only in particular quantities, or to be prepacked, or to be otherwise made up as aforesaid, only if the container is marked with particular information, any person who — ( a ) whether on the person’s own behalf or on behalf of another person, has in the person’s possession for sale, sells or agrees to sell; ( b ) except in the course of carriage of the goods for reward, has in the person’s possession for delivery after sale; or ( c ) causes or suffers any other person to have in that other person’s possession for sale or for delivery after sale, sell or agree to sell on behalf of the firstmentioned person, any such goods prepacked, otherwise made up as aforesaid or made otherwise than in that quantity or otherwise than in or on a container so marked (as the case may be), whether the sale is, or is to be, by retail or otherwise, shall be guilty of an offence. (3) Subject to the provisions of this Part, in the case of any sale where the quantity of the goods sold expressed in a particular manner is required by this Act to be made known to the buyer at or before a particular time and that quantity is not so made known, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence. (4) Subject to the provisions of this Part, where any goods required by this Act to be sold by means of, or to be offered or exposed for sale in, a vending machine only if certain requirements are complied with are so sold, offered or exposed without those requirements being complied with, the seller or person causing the goods to be so offered or exposed shall be guilty of an offence.


document_id: wma-1975
provision_ref: s18
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 18
title: Sale of goods in metric units
content:
18. —(1) Subject to the provisions of this Part, any person who — ( a ) in relation to any matter, work, goods or other thing, makes or enters into any contract, or engages in any dealing or transaction, by reference to any weight or measure other than a weight or measure of the metric system; ( b ) uses for trade any weight or measure other than a weight or measure of the metric system; ( c ) uses for trade any weighing or measuring instrument other than a weighing or measuring instrument which weighs or measures only by reference to weights or measures other than weights or measures of the metric system; or ( d ) in the course of or for the purposes of any trade or business, uses, whether on any package, or in any price list or advertisement or otherwise, any unit of a weight or measure other than a weight or measure of the metric system, in advertising, displaying, or exposing goods for sale, shall be guilty of an offence. [30/2005] (2) Nothing in subsection (1)( d ) applies to the use by any person of any unit of a weight or measure which is not a unit of a weight or measure of the metric system on any goods displayed or exposed for sale by retail or on the package of any such goods or on both if — ( a ) that unit is additional to a unit of a weight or measure of the metric system; and ( b ) that unit, the figures in which that unit and the numerical value of that unit are marked no larger than those of that metric weight or measure. [30/2005]


document_id: wma-1975
provision_ref: s19
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 19
title: Short weight, etc.
content:
19. —(1) Subject to the provisions of this Part, any person who, in selling or purporting to sell any goods by weight or other measurement or by number, delivers or causes to be delivered to the buyer a lesser quantity than that purported to be sold or than corresponds with the price charged, shall be guilty of an offence. (2) Subject to the provisions of this Part, any person who — ( a ) on or in connection with the sale or purchase of any goods; ( b ) in exposing or offering any goods for sale; ( c ) in purporting to make known to the buyer of any goods the quantity of any goods sold; or ( d ) in offering to purchase any goods, makes any misrepresentation either by word of mouth or otherwise as to the quantity of the goods, or does any other act calculated to mislead a person buying or selling the goods as to the quantity of the goods, shall be guilty of an offence. [30/2005] (3) Any person who sells or offers or exposes for sale, or has in the person’s possession for sale, by weight, measure or number, any goods enclosed in a package that states the quantity of the goods or that has a label attached to it stating the quantity of the goods shall be guilty of an offence if the weight, measure or number of the goods in the package is less than that stated on the package or label. [30/2005] (4) In subsection (3), “goods” includes catch weight goods. [30/2005] (5) For the purposes of subsection (3), the weight, measure or number of the goods (other than catch weight goods) in a package is deemed to be the same as that stated on the package or label on the package if — ( a ) the package meets the conditions prescribed by regulations made under section 37; or ( b ) the package is one package in a lot of packages that meets the conditions prescribed by regulations made under section 37. [30/2005] (6) It is a defence for any person charged with an offence under this section in respect of a package from a lot of packages containing desiccating goods to prove that — ( a ) at any time on the day the package was made up or during a period of 7 days beginning on the day after the day the package was made up — (i) the weighed average quantity of any sample taken from the lot of packages, as determined in accordance with regulations made under section 37, was equal to or exceeded the quantity stated on the package or a label attached to it; (ii) the number of non-standard packages in any sample taken from the lot of packages was equal to or less than the appropriate number specified for the purpose in regulations made under section 37; and (iii) there were no inadequate packages in any sample taken from the lot of packages; or ( b ) at any time, after the close of the period specified in paragraph ( a ), a sample taken from the lot of packages contained no inadequate packages. [30/2005] (7) For the purposes of this section, any statement, whether oral or in writing, as to the weight of any goods is deemed, unless otherwise expressed, to be a statement as to the net weight of the goods. (8) Nothing in this section applies — ( a ) in relation to any goods or sales that are mentioned in section 16(4)( a ) or ( b ); and ( b ) in relation to the sales of goods with a view to their industrial or constructional use, except — (i) where the sale in question is or would be one which is required by this Act to be made only by quantity expressed in a particular manner or in the case of which the quantity of the goods sold is required by any provision of this Act to be made known to the buyer at or before a particular time; (ii) where the goods are prepacked or otherwise made up in or on a container for sale or for delivery after sale and are goods such as are required by this Act to be prepacked, or to be otherwise so made up, (as the case may be) only if the container is marked with an indication of quantity or only in particular quantities; or (iii) where the goods are goods such as are required by this Act to be made for sale only in particular quantities.


document_id: wma-1975
provision_ref: s20
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 20
title: Pleading of warranty as defence
content:
20. —(1) Subject to this section, in any proceedings for an offence under this Part or any subsidiary legislation made under this Part, being an offence relating to the quantity or prepacking of any goods, it is a defence for the person charged to prove — ( a ) that the person bought the goods from some other person — (i) as being of the quantity which the person charged purported to sell or represented, or which was marked on any container or stated in any document to which the proceedings relate; or (ii) as conforming with the statement marked on any container to which the proceedings relate, or with the requirements of this Act and any subsidiary legislation made under this Act with respect to the prepacking of goods, as the case may require; ( b ) that the person so bought the goods with a written warranty from that other person that they were of that quantity or (as the case may be) did so conform; ( c ) that at the time of the commission of the offence the person had no reason to believe the statement contained in the warranty to be inaccurate, that the person did in fact believe in its accuracy and, if the warranty was given by a person who at the time of giving the warranty was resident outside Singapore, that the person charged had taken reasonable steps to check the accuracy of that statement; and ( d ) in the case of proceedings relating to the quantity of any goods, that the person took all reasonable steps to ensure that, while in the person’s possession the quantity of the goods remained unchanged and, in the case of such or any other proceedings, that apart from any change in their quantity the goods were at the time of the commission of the offence in the same state as when the person bought them. (2) A warranty is a defence in such proceedings only if, not later than 7 days before the date of the hearing, the person charged has sent to the prosecutor a copy of the warranty with a notice stating that the person charged intends to rely on it and specifying the name and address of the person from whom the warranty was received, and has also sent a like notice to that person. (3) Where the person charged is a servant of a person who, if the second‑mentioned person had been charged, would have been entitled to plead a warranty as a defence under this section, subsection (1) has effect as if any reference (however expressed) in paragraphs ( a ) to ( d ) of that subsection to the person charged, other than the first such reference in paragraph ( c ) of that subsection, were a reference to the employer of the person charged. (4) The person by whom the warranty is alleged to have been given is entitled to appear at the hearing and to give evidence. (5) If the person charged in any such proceedings wilfully attributes to any goods a warranty given in relation to any other goods, the person shall be guilty of an offence. (6) A person who, in respect of any goods sold by the person in respect of which a warranty might be pleaded under this section, gives to the buyer a false warranty in writing shall be guilty of an offence unless the person proves that when the person gave the warranty the person took all reasonable steps to ensure that the statements contained in the warranty were, and would continue at all relevant times to be, accurate. (7) For the purposes of this section, any statement with respect to any goods which is contained in any document required by this Act to be associated with the goods or in any invoice, and, in the case of goods made up in or on a container for sale or for delivery after sale, any statement with respect to those goods with which that container is marked, is deemed to be a written warranty of the accuracy of that statement.


document_id: wma-1975
provision_ref: s21
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 21
title: Additional defences and safeguards for traders
content:
21. —(1) In any proceedings for an offence in respect of any goods under this Part or any subsidiary legislation made under this Part, it is a defence for the person charged to prove — ( a ) that the commission of the offence was due to a mistake, or to an accident or some other cause beyond the person’s control; and ( b ) that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence in respect of those goods by the person or any person under the person’s control. (2) In any proceedings for an offence under this Part or any subsidiary legislation made under this Part by reason of the quantity — ( a ) of any goods made up for sale or for delivery after sale (whether by way of prepacking or otherwise) or in or on a container marked with an indication of quantity; ( b ) of any goods which, in connection with a sale or agreement for the sale of the goods, have associated therewith a document purporting to state the quantity of the goods; or ( c ) of any goods required by this Act to be prepacked, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made for sale, only in particular quantities, being less than that marked on the container or stated in the document in question or than the relevant particular quantity (as the case may be), it is a defence for the person charged to prove that the deficiency arose — ( d ) in a case falling within paragraph ( a ), after the making up of the goods and the marking of the container; ( e ) in a case falling within paragraph ( b ), after the preparation of the goods for delivery pursuant to the sale or agreement and after the completion of the document; and ( f ) in the case falling within paragraph ( c ), after the making up or making (as the case may be) of the goods for sale, and was attributable wholly to factors for which reasonable allowance was made in stating the quantity of the goods in the marking or document or in making up or making the goods for sale, as the case may be. (3) In the case of a sale by retail of food, not being food prepacked in a container which is, or is required by this Act to be, marked with an indication of quantity, in any proceedings for an offence under this Part or any subsidiary legislation made under this Part by reason of the quantity delivered to the buyer being less than that purported to be sold, it is a defence for the person charged to prove that the deficiency was due wholly to unavoidable evaporation or drainage since the sale and that due care and precaution were taken to minimise any such evaporation or drainage. (4) Without affecting any defence under subsection (2) or (3), in any proceedings for such an offence in respect of any goods as is mentioned in subsection (2) it is not a defence under subsection (1)( a ) for the person charged to prove that the commission of the offence was due to some cause beyond the person’s control if that cause was one which should reasonably have been foreseen and for which allowance could reasonably have been made in stating the quantity of the goods or in making up or making the goods, as the case may be. (5) If in any proceedings for an offence under this Part or any subsidiary legislation made under this Part, being an offence in respect of any deficiency in the quantity of any goods sold, it is shown that between the sale and the discovery of the deficiency the goods were with the consent of the buyer subjected to treatment which could result in a reduction in the quantity of those goods for delivery to, or to any person nominated in that behalf by, the buyer, the person charged must not be found guilty of that offence unless it is shown that the deficiency cannot be accounted for by the subjecting of the goods to that treatment. (6) In any proceedings for an offence under this Part or any subsidiary legislation made under this Part, being an offence in respect of any excess in the quantity of any goods, it is a defence for the person charged to prove that the excess was attributable to the taking of measures reasonably necessary in order to avoid the commission of an offence in respect of a deficiency in those or other goods. (7) If proceedings for an offence under this Part or any subsidiary legislation made under this Part in respect of any deficiency or excess in the quantity — ( a ) of any goods made up for sale (whether by way of prepacking or otherwise) in or on a container marked with an indication of quantity; ( b ) of any goods which have been prepacked or otherwise made up in or on a container for sale or for delivery after sale, or which have been made for sale, and which are required by this Act to be prepacked, or to be otherwise so made up, or to be so made, (as the case may be) only in particular quantities, are brought with respect to any article, and it is proved that, at the time and place at which that article was tested, other articles of the same kind, being articles which, or articles containing goods which, had been sold by the person charged or were in that person’s possession for sale or for delivery after sale, were available for testing, the person charged must not be convicted of such an offence with respect to that article unless a reasonable number of those other articles was also tested; and in any proceedings for such an offence the court — ( c ) if the proceedings are with respect to one or more of a number of articles tested on the same occasion, is to have regard to the average quantity in all the articles tested; ( d ) if the proceedings are with respect to a single article, is to disregard any inconsiderable deficiency or excess; and ( e ) is to have regard generally to all the circumstances of the case.


document_id: wma-1975
provision_ref: s21A
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 21A
title: Offence relating to document containing particular statements
content:
21A. If, in the case of any goods required by this Act to have associated therewith a document containing particular statements, that document is found to contain any such statement which is materially incorrect, any person who, knowing or having reasonable cause to suspect that statement to be materially incorrect, inserted it or caused it to be inserted in the document, or used the document for the purposes of this Act or any subsidiary legislation made under this Act while that statement was contained in the document, shall be guilty of an offence. [30/2005]


document_id: wma-1975
provision_ref: s22
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 22
title: Offences due to default of third person
content:
22. —(1) A person against whom proceedings are brought for an offence under this Part or any subsidiary legislation made under this Part is, upon information duly laid by the person and on giving to the prosecutor not less than 7 clear days’ notice of the person’s intention to avail himself, herself or itself of this subsection entitled to have brought before the court in those proceedings any other person to whose act or default the person alleges that the commission of the offence was due; and if, after the offence has been proved, the original defendant proves that the commission of the offence was due to an act or default of that other person — ( a ) that other person may be convicted of the offence; and ( b ) if the original defendant further proves that the original defendant exercised all due diligence to avoid the commission of the offence by the original defendant or any person under the original defendant’s control, the original defendant must be acquitted of the offence. (2) Where a defendant seeks to avail himself, herself or itself of subsection (1) — ( a ) the prosecutor, as well as the person whom the defendant charges with the offence, has the right to cross‑examine the defendant, if the defendant gives evidence, and any witness called by the defendant in support of the defendant’s pleas, and to call rebutting evidence; and ( b ) the court may make any order that it thinks fit for the payment of costs by any party to the proceedings to any other party to the proceedings. (3) Where it appears to any authority by or on behalf of whom proceedings of such an offence may be instituted that such an offence has been committed by some person ( A ), and that authority is reasonably satisfied that the offence was due to an act or default of some other person ( B ) and that A could establish a defence under subsection (1), that authority may take or authorise the taking of proceedings against B without first taking or authorising the taking of proceedings against A ; and in any such proceedings B may be charged with, and, on proof that the commission of the offence was due to B ’s act or default, be convicted of, the offence with which A might have been charged. (4) Where by virtue of subsection (3) a person is charged with an offence with which some other person might have been charged, the reference in section 21(7) to articles or goods sold by or in the possession of the person charged is to be construed as a reference to articles or goods sold by or in the possession of that other person.


document_id: wma-1975
provision_ref: s23
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 23
title: Offences originating in countries outside Singapore
content:
23. —(1) Where proceedings are brought against any person for an offence under this Part or any subsidiary legislation made under this Part and it is proved — ( a ) that the commission of the offence was due to an act or default of some other person which took place outside Singapore; and ( b ) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by the person charged or any person under the control of the person charged, then, subject to subsection (2), the person charged must be acquitted of the offence. (2) The person charged ( A ) is not entitled to be acquitted under this section unless within 7 days from the date of the service of the summons on A , A has given written notice to the prosecutor of A ’s intention to rely on this section, specifying the name and address of the person ( B ) to whose act or default A alleges that the commission of the offence was due, and has sent a like notice to B ; and B is entitled to appear at the hearing and to give evidence.


document_id: wma-1975
provision_ref: s24
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 24
title: Special powers of inspector with respect to certain goods
content:
24. —(1) Subject to subsection (3), where any person — ( a ) makes in any manner any representation as to the quantity of any goods offered or exposed for sale by the person; ( b ) has in the person’s possession or charge awaiting or in the course of delivery to the buyer any goods which have been sold or agreed to be sold, and the sale is, or purports to be, or is required by this Act to be, by quantity expressed in a particular manner, or is such that the quantity of the goods sold is required by any provision of this Act to be made known to the buyer at or before a particular time; or ( c ) has in the person’s possession or charge for sale, or awaiting or in the course of delivery to a buyer after they have been sold or agreed to be sold, any goods prepacked or otherwise made up in or on a container for sale or for delivery after sale which are required by this Act to be prepacked, or to be otherwise so made up (as the case may be), only in particular quantities or only if the container is marked with particular information, or any goods prepacked in or on a container marked with an indication of quantity, or any goods required by this Act to be made for sale only in particular quantities, the powers of an inspector under section 30 include power to require that person either to do in the inspector’s presence, or to permit the inspector to do, all or any of the following things: ( d ) weigh or otherwise measure or count the goods; ( e ) weigh any container in or on which the goods are made up; ( f ) if necessary for the purposes of either paragraph ( d ) or ( e ), break open any such container or open any vending machine in which the goods are offered or exposed for sale, and, in the case of any of the goods which are not already sold, power to require that person to sell any of them to the inspector. (2) Where the container or package of any prepacked goods is broken open under subsection (1), the inspector is not under any obligation to re‑seal the container or package or pay for the goods, whether on behalf of the Controller or otherwise. [30/2005] (3) Nothing in subsection (1)( a ), ( b ) or ( c ) applies in relation to the sale of goods with a view to their industrial or constructional use except in such a case as is specified in section 19(8)( b )(i), (ii) or (iii).


document_id: wma-1975
provision_ref: s25
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 25
title: Powers of inspector with respect to certain documents
content:
25. —(1) An inspector, subject to the production if so requested of his or her authority in writing, may require the person in charge of any document required by this Act to be associated with any goods to produce that document for inspection. (2) If the inspector has reasonable cause to believe that any document produced to him or her under subsection (1) contains any inaccurate statement, the inspector may either — ( a ) seize and detain the document, giving in exchange for the document a copy of the document with an endorsement signed by him or her certifying that the original has been seized and giving particulars of any inaccuracy alleged; or ( b ) without prejudice to any proceedings which may be taken by reason of any inaccuracy alleged, make on the document an endorsement signed by him or her giving particulars of any such inaccuracy, and, save where the context otherwise requires, any reference in this Act to any such document is deemed to include a reference to a copy of such document given pursuant to paragraph ( a ). (3) Where, in the case of any goods being carried on a road vehicle, the whole of the vehicle’s load is being carried for, or for delivery after sale to the same person, and any document produced pursuant to subsection (1) by the person in charge of the vehicle purports, or is required by this Act, to state the quantity of the goods, then, for the purpose of the exercise of his or her powers under section 24(1), the inspector may do all or any of the following things: ( a ) require the goods to which the document relates to be unloaded from the vehicle; ( b ) require the vehicle to be taken to the nearest suitable and available weighing or measuring instrument; ( c ) require the person in charge of the vehicle to have it check‑weighed: Provided that the powers conferred by this subsection are to be exercised only to the extent that appears to the inspector reasonably necessary in order to secure that the provisions of this Act and any subsidiary legislation made under this Act are duly observed. [30/2005]


document_id: wma-1975
provision_ref: s26
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 26
title: Check-weighing of certain road vehicles
content:
26. Where any road vehicle is loaded with goods for sale by weight to a single buyer of the whole of the vehicle’s load, or for delivery to the buyer after they have been so sold, the buyer or seller of the goods, or any inspector who shows that he or she is authorised to do so by the buyer or seller of the goods, may require the person in charge of the vehicle to have it check‑weighed, and if that person without reasonable cause fails to comply with any such requirement that person shall be guilty of an offence.


document_id: wma-1975
provision_ref: s27
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 27
title: Power to make test purchases
content:
27. An inspector has power to make any purchases of goods that may appear to him or her to be expedient for the purpose of determining whether or not the provisions of this Act and any subsidiary legislation made under this Act are being complied with.


document_id: wma-1975
provision_ref: s28
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 28
title: Selling by quantity, making quantity known, and weighing in presence
content:
28. —(1) Where any goods are required by this Act to be sold by quantity expressed in a particular manner — ( a ) it is sufficient compliance with that requirement in the case of any sale of, or agreement to sell, any such goods if the quantity of the goods expressed in the manner in question is made known to the buyer before the purchase price is agreed; ( b ) no person shall be guilty of an offence under section 17(1) by reason of the exposing or offering for sale of such goods at any time if both the quantity of the goods expressed in the manner in question and the price at which they are exposed or offered for sale are made known at that time to any prospective buyer. (2) For the purposes of this Act and any subsidiary legislation made under this Act, without prejudice to any other method of making known to a person the quantity of any goods expressed in a particular manner, that quantity is deemed to be made known to that person — ( a ) if the goods are weighed or otherwise measured or counted, as the case may require, in the presence of that person; ( b ) if the goods are made up in or on a container marked with a statement in writing of the quantity of the goods expressed in the manner in question and the container is readily available for inspection by that person; or ( c ) upon such a statement in writing being delivered to that person. (3) Where the Minister by order provides that this subsection is to apply, in the case of the goods in the circumstances that are specified in the order, to any requirement so specified under this Act or any subsidiary legislation made under this Act with respect to the making known to the buyer of the quantity by weight of such goods sold by retail, then, in any case to which the order applies, that requirement is deemed to be satisfied if the goods are bought at premises at which any weighing instrument of such description as may be prescribed — ( a ) is kept available by the occupier of those premises for use without charge by any prospective buyer of such goods for the purpose of weighing for himself, herself or itself any such goods offered or exposed for sale by retail on those premises; ( b ) is so kept available in a position on those premises which is suitable and convenient for such use of the instrument; and ( c ) is reserved for use for that purpose at all times while those premises are open for retail transactions, and a notice of the availability of the instrument for such use is displayed in a position on the premises where it may be readily seen by any such prospective buyer. [30/2005] (4) For the purposes of this Act and any subsidiary legislation made under this Act, a person is not to be deemed to weigh or otherwise measure or count any goods in the presence of any other person unless the firstmentioned person causes any instrument used for the purpose to be so placed, and so conducts the operation of weighing or otherwise measuring or counting the goods, as to permit that other person a clear and unobstructed view of the instrument (if any) and of the operation, and of any indication of quantity given by any such instrument as the result of that operation. [30/2005]


document_id: wma-1975
provision_ref: s28A
chapter: PART 4 - REGULATION OF CERTAIN TRANSACTIONS IN GOODS
section: 28A
title: Selling by retail by weight, measure or number
content:
28A. —(1) Any person who offers or exposes for sale by retail by weight, measure or number goods which are not prepackaged when so offered or exposed for sale must weigh, measure or count the goods — ( a ) at the time of sale; ( b ) in the presence of the buyer; and ( c ) in the case of goods sold by weight or measure, by means of a suitable weighing or measuring instrument. [30/2005] (2) Any person who offers or exposes for sale by retail by weight, measure or number goods which are prepackaged and weighed, measured or counted before they are so offered or exposed for sale at the premises or place where they are so offered or exposed for sale must, at the buyer’s request, weigh, measure or count the goods — ( a ) in the presence of the buyer; and ( b ) in the case of goods sold by weight or measure, by means of a suitable weighing or measuring instrument. [30/2005] (3) Every weighing or measuring instrument used to weigh or measure goods for the purposes of this section and any necessary weights or measures must be so situated that the weighing or measuring of the goods and the recorded or indicated weight or measurement of the goods can be easily seen by the buyer. [30/2005] (4) Any person who contravenes this section shall be guilty of an offence. [30/2005]


document_id: wma-1975
provision_ref: s29
chapter: PART 5 - ADMINISTRATION
section: 29
title: Administration of Act
content:
29. —(1) The Commission is responsible for the administration of this Act subject to the general and special directions of the Minister. [30/2005] [Act 13 of 2025 wef 01/07/2025] (2) The Commission may appoint a Controller of Weights and Measures and any other number of inspectors of weights and measures and other officers that it thinks necessary (under whatever title the Commission may from time to time determine) for the purposes of this Act, who must discharge their functions and duties, and exercise their powers, subject to the direction and control of the Commission. [30/2005] [Act 13 of 2025 wef 01/07/2025] (3) All officers appointed under this Act are deemed to be public servants for the purposes of the Penal Code 1871. [30/2005]


document_id: wma-1975
provision_ref: s29A
chapter: PART 5 - ADMINISTRATION
section: 29A
title: Appointment of Authorised Verifiers
content:
29A. —(1) The Commission may appoint any person to be an Authorised Verifier for the purposes of this Act and any subsidiary legislation made under this Act. [30/2005] [Act 13 of 2025 wef 01/07/2025] (2) Any person who desires to be appointed as an Authorised Verifier must make an application for appointment to the Commission in accordance with regulations made under this Act. [30/2005] [Act 13 of 2025 wef 01/07/2025] (3) A person must not — ( a ) engage in any work of an Authorised Verifier specified in this Act or any subsidiary legislation made under this Act; or ( b ) advertise or hold himself or herself out or conduct himself or herself in any way or by any means as a person who is authorised to act as an Authorised Verifier for any purpose under this Act or any subsidiary legislation made under this Act, unless he or she has been appointed by the Commission under subsection (1) as an Authorised Verifier. [30/2005] [Act 13 of 2025 wef 01/07/2025] (4) An Authorised Verifier must not, for the purposes of section 7A(3)( a ), use any working standard or testing instrument which he or she knows or has reason to suspect is false or unjust. [30/2005] (5) Any person who contravenes subsection (3) 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 2 years or to both. [30/2005] (6) Without limiting section 30, for the purposes of ensuring compliance by an Authorised Verifier with this Act or any subsidiary legislation made under this Act, an inspector may — ( a ) require the Authorised Verifier to produce within the period that the inspector may specify — (i) any working standard or testing instrument used by that Authorised Verifier for the purposes of section 7A(3)( a ), and may examine and test such standard and instrument; and (ii) any document in the possession or under the control of that Authorised Verifier, and may take copies of or extracts from any such document; ( b ) require the Authorised Verifier to furnish, within the period that the inspector may specify, any information or particulars that the inspector may require; and ( c ) enter and inspect any premises at which the Authorised Verifier carries out any inspection or testing of any weighing or measuring instrument or the affixing of any stamp or Accuracy Label on such instrument. [30/2005] (7) Any Authorised Verifier who fails to comply with any requirement under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [30/2005]


document_id: wma-1975
provision_ref: s30
chapter: PART 5 - ADMINISTRATION
section: 30
title: General powers of inspection and entry
content:
30. —(1) Subject to the production if so requested of his or her authority in writing, an inspector or a police officer may at all reasonable times — ( a ) inspect and test any weighing or measuring instrument which is, or which he or she has reasonable cause to believe to be, used for trade or in the possession of any person or upon any premises for such use; ( b ) inspect any goods to which any of the provisions of this Act or any subsidiary legislation made under this Act for the time being applies or which he or she has reasonable cause to believe to be such goods; ( c ) enter any premises at which he or she has reasonable cause to believe there to be any such instrument or goods, not being premises used only as a private dwelling house. [30/2005] (2) A police officer and an inspector subject to the production if so requested of the inspector’s authority in writing, may at any time seize and detain — ( a ) any article which he or she has reasonable cause to believe is liable to be forfeited under this Act; and ( b ) any document displayed with any goods offered or exposed for sale which relates to the price or quantity of the goods and which the inspector has reason to believe may be required as evidence in proceedings under this Act. (3) An inspector entering any premises by virtue of this section may take with him or her any other persons and any instrument that may appear to him or her necessary. [30/2005] (4) If any inspector or other person who enters any workplace by virtue of this section discloses to any person any information obtained by him or her in the workplace with regard to any manufacturing process or trade secret, he or she shall, unless the disclosure was made in the performance of his or her duty, be guilty of an offence.


document_id: wma-1975
provision_ref: s31
chapter: PART 5 - ADMINISTRATION
section: 31
title: Powers of arrest, etc.
content:
31. —(1) Any police officer or inspector may arrest without warrant any person committing in his or her view or who he or she has reasonable cause to believe has committed an offence under this Act or any subsidiary legislation made under this Act. (2) A person arrested under this section may be detained at any police station or at the office of the Controller to be dealt with in accordance with the provisions of the Criminal Procedure Code 2010 and must not be detained longer than is necessary for bringing him or her before a Magistrate’s Court. (3) An offence under this Act or any subsidiary legislation made under this Act is deemed to be an arrestable offence for the purposes of the Criminal Procedure Code 2010 and an inspector may exercise any of the special powers relating to investigation of arrestable offences conferred upon a police officer by that Code.


document_id: wma-1975
provision_ref: s31A
chapter: PART 5 - ADMINISTRATION
section: 31A
title: Power to require recall of weighing or measuring instrument supplied
content:
31A. —(1) Where any person has supplied any weighing or measuring instrument which is, or which the Controller has reason to believe is, in contravention of this Act or any subsidiary legislation made under this Act, the Controller may require the person to effect a recall of any weighing or measuring instrument supplied by the person. [30/2005] (2) Any person who fails to comply with a requirement of the Controller made under subsection (1) shall be guilty of an offence. [30/2005]


document_id: wma-1975
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS
section: 32
title: Obstruction of inspectors
content:
32. —(1) Any person who — ( a ) wilfully obstructs an inspector acting in the execution of this Act or any subsidiary legislation made under this Act; ( b ) wilfully fails to comply with any requirement properly made of the person by an inspector under section 24 or 25; or ( c ) without reasonable cause fails to give any inspector acting as aforesaid any other assistance or information which the inspector may reasonably require of the person for the purposes of the performance by the inspector of his or her functions under this Act or any subsidiary legislation made under this Act, shall be guilty of an offence. (2) If any person, in giving to an inspector any such information as is mentioned in subsection (1), gives any information which the person knows to be false, the person shall be guilty of an offence.


document_id: wma-1975
provision_ref: s33
chapter: PART 6 - MISCELLANEOUS
section: 33
title: Composition of offences
content:
33. —(1) The Controller may compound any offence under this Act and any subsidiary legislation made under this Act by accepting from the person reasonably suspected of having committed the offence a sum not exceeding $2,000. (2) Any sum of money received by way of composition as aforesaid must be paid into the Consolidated Fund.


document_id: wma-1975
provision_ref: s34
chapter: PART 6 - MISCELLANEOUS
section: 34
title: Jurisdiction
content:
34. All offences under this Act and any subsidiary legislation made under this Act may be prosecuted and all fines and forfeiture under this Act and the subsidiary legislation may be recovered before a Magistrates’ Court or District Court.


document_id: wma-1975
provision_ref: s35
chapter: PART 6 - MISCELLANEOUS
section: 35
title: Penalties
content:
35. —(1) Any person guilty of an offence under section 11(1), 11(3), 14(1), 14(3), 19(1), 19(2) or 32(1), shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both. (2) Any person guilty of an offence under any provision of this Act other than those mentioned in subsection (1) shall be liable on conviction to a fine not exceeding $2,000. (3) No contract for the sale or carriage for reward of any goods is void by reason only of a contravention of any provision of this Act or of any subsidiary legislation made under this Act, with respect to any document which is, or is required by that provision to be, associated with the goods.


document_id: wma-1975
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS
section: 36
title: Offences by corporations
content:
36. —(1) Where an offence under, or under any instrument made under, this Act or any enactment falling to be repealed by this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) In subsection (1), “director”, in relation to any body corporate established under any written law, being a body corporate whose affairs are managed by the members of the body corporate, means a member of that body corporate.


document_id: wma-1975
provision_ref: s36A
chapter: PART 6 - MISCELLANEOUS
section: 36A
title: Fees, etc., collected by Commission
content:
36A. All fees, charges and moneys collected under this Act, other than composition sums, must be paid to the Commission. [30/2005] [Act 13 of 2025 wef 01/07/2025]


document_id: wma-1975
provision_ref: s36B
chapter: PART 6 - MISCELLANEOUS
section: 36B
title: Exemption
content:
36B. The Commission may, subject to the general or special directions of the Minister, and by order in the Gazette , exempt — ( a ) any person or class of persons; and ( b ) any weighing or measuring instrument or class of weighing or measuring instruments, from all or any of the provisions of this Act or any subsidiary legislation made under this Act, subject to any terms and conditions that the Commission may impose. [30/2005] [Act 13 of 2025 wef 01/07/2025]


document_id: wma-1975
provision_ref: s37
chapter: PART 6 - MISCELLANEOUS
section: 37
title: Regulations
content:
37. The Minister may make regulations generally for carrying out the purposes and provisions of this Act and, in particular, may make regulations — ( a ) to provide for the form and manner of the application for appointment as an Authorised Verifier; ( b ) to provide for the qualifications and other requirements for Authorised Verifiers; ( c ) to provide for the conditions and duration of appointment of Authorised Verifiers; ( d ) to provide for the practice and conduct of Authorised Verifiers, including the carrying out of any work of Authorised Verifiers specified in this Act or any subsidiary legislation made under this Act, the use of any means of giving publicity to their practice and the use of titles and qualifications; ( e ) to prohibit absolutely or conditionally, or to regulate the manufacture, import or supply of any weighing or measuring instrument, whether in all cases or in any specified case or class of cases and subject to any exceptions that may be made by the regulations; ( f ) to require the registration of — (i) any weighing or measuring instrument; and (ii) any person involved in the manufacture, import or supply of any weighing or measuring instrument, whether in all cases or in any specified case or class of cases and subject to any exceptions that may be made by the regulations; ( g ) to provide for the determination of the weighed average quantity of goods for the purposes of section 19, including — (i) the statistical basis or method by which packages are to be selected for counting, examining, measuring or weighing; (ii) the statistical basis or method by which the minimum number of packages to be selected is to be set; (iii) the circumstances (if any) in which the minimum number of packages to be selected may be varied; (iv) the maximum amount of error allowed in the weight, measure or number of goods in a single selected package; and (v) the maximum amount of error allowed in the weight, measure or number of goods in a group of selected packages examined at one time; ( h ) to prescribe fees and charges for any purpose of this Act or any subsidiary legislation made under this Act; and ( i ) to prescribe anything which is to be or may be prescribed under this Act. [30/2005]


document_id: wma-1975
provision_ref: s38
chapter: PART 6 - MISCELLANEOUS
section: 38
title: Orders
content:
38. Any order made by the Minister under this Act must be made by subsidiary legislation and be published in the Gazette and the order may make different provisions for different circumstances.


document_id: wma-1975
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS
section: 39
title: Application to the Government
content:
39. —(1) The President may, by order in the Gazette , provide for the application to the Government of any of the provisions of this Act or of any subsidiary legislation made under this Act that may be specified in the order, with the exceptions, adaptations and modifications that may be so specified. (2) Without limiting subsection (1), an order made under this Act may make special provisions for the enforcement of any provisions applied by the order and in particular as to the person liable to be proceeded against for any offence under any such provision. (3) An order made under this section may be varied or revoked by subsequent orders so made.


document_id: wma-1975
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS
section: 40
title: Saving
content:
40. —(1) The Minister may by regulations prescribe the transactions in which, despite anything in this Act, it is lawful to use any unit of the local customary weights and measures as may be specified in the Third Schedule and having the values defined therein. [30/2005] (2) The Minister may by order amend the Third Schedule by removing any unit of measurement of length, of area, of volume, of capacity, or of mass or weight, as the case may be. [30/2005] (3) Where any weighing or measuring instrument was being used for trade immediately before 1 January 2006 in compliance with this Act in force immediately before that date — ( a ) nothing in section 7 prevents the continued use for trade of that weighing or measuring instrument even though it does not have an Accuracy Label affixed to it; and ( b ) subject to subsection (4), nothing in section 7A or 7B prevents the weighing or measuring instrument from being affixed with a stamp or Accuracy Label even though no letter of pattern approval has been issued in respect of that weighing or measuring instrument. [30/2005] (4) Subsection (3)( b ) does not apply to any weighing or measuring instrument specified by the Commission in a notification published in the Gazette . [30/2005] [Act 13 of 2025 wef 01/07/2025] (5) Any approval, appointment, order, notification or decision granted or made or anything done by the Board under this Act before the appointed date, which was valid immediately before that date, remains valid and continues on and after that date as if it were granted, made or done by the Commission, until such time the Commission invalidates, revokes, cancels or otherwise ceases the approval, appointment, order, notification or decision. [Act 13 of 2025 wef 01/07/2025] (6) Any application made before the appointed date to the Board under section 29A(2) that is pending immediately before that date is deemed on and after that date to be an application made to the Commission under section 29A(2). [Act 13 of 2025 wef 01/07/2025] (7) In this section — “appointed date” means the date of commencement of section 11 of the Competition (Amendment) Act 2025; “Board” means the Enterprise Singapore Board established by section 3 of the Enterprise Singapore Board Act 2018. [Act 13 of 2025 wef 01/07/2025]


document_id: wma-1975
provision_ref: s41
chapter: PART 6 - MISCELLANEOUS
section: 41
title: Transitional provision
content:
41. Despite the repeal of the Weights and Measures Act (Cap. 263, 1970 Revised Edition), any weighing or measuring equipment tested, passed and stamped under that Act is deemed to have been tested, passed and stamped under a corresponding provision of this Act.


document_id: wmfa-1999
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019; “animal” means any bird, mammal, reptile or amphibian; “authorised examiner” means any person or body of persons designated by the Director-General under section 3(5) to carry out any inspection, examination and certification of any meat product or fish product under this Act and includes any authorised officer; “authorised officer” means any person appointed by the Director‑General to be an authorised officer under section 3(2); “cold store” means any chiller, freezer, cold room or other refrigerated facility used for the storage of meat products or fish products and includes any refrigerated conveyance used for transportation of meat products or fish products in the course of any trade or business; “conveyance” includes any aircraft, vessel, train, vehicle or any other artificial contrivance, whether mechanically propelled or otherwise, used or capable of being used as a means of transport on land, water or air; “Director‑General” means the Director‑General, Food Administration appointed under section 3(1) of the Sale of Food Act 1973; “Director‑General of Customs” means the Director-General of Customs appointed under section 4(1) of the Customs Act 1960; “disease” means any animal disease and any other disease as is likely to infect human beings; “examination” includes laboratory analysis; “export” does not include the taking out of Singapore of any goods in transit or any goods which are being transhipped; “fish” means any species of fish and includes crustacea, shellfish, echinoderm, mollusc, and the young and eggs thereof; “fish product” means — ( a ) any fish or part of a fish; and ( b ) any product or by-product of any fish, which is intended for human consumption; “goods in transit” means goods that are brought into Singapore solely for the purpose of taking them out of Singapore and that which remain at all times on the conveyance that brought them into Singapore; “import” does not include the bringing into Singapore of any goods in transit or any goods which are being transhipped; “label” means any written, printed, pictorial or other descriptive matter that is to be applied or attached to or included in, or that accompanies or is to accompany, any meat product or fish product or the package or receptacle thereof, and “labelled” is to be construed accordingly; “meat product” means — ( a ) a carcase or any part of a carcase; and ( b ) any product or by-product of a carcase, which is intended for human consumption; “occupier” — ( a ) in relation to any premises or conveyance, means the person in occupation of the premises or conveyance or having the charge, management or control thereof; and ( b ) in relation to any part of any premises different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part; “officer of customs” has the meaning given by the Customs Act 1960; “owner” — ( a ) in relation to any premises or conveyance, means the person for the time being receiving the rent of the premises or conveyance whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the premises or conveyance were let or chartered and, in relation to any premises, includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; ( b ) in relation to any licensed slaughter‑house, processing establishment, cold store or wholesale market, means the person holding the licence granted under this Act in respect of the slaughter‑house, processing establishment, cold store or wholesale market; and ( c ) in relation to any meat product or fish product or any other item to which this Act applies, includes the person who is the consignor or consignee thereof; “premises” includes messuages, houses, buildings, structures, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority; “process”, with its grammatical variations and cognate expressions, includes cutting and the use of any method of manufacture, preservation or preparation; “processing establishment” means any factory, plant or other premises where meat products or fish products (as the case may be) are processed for distribution to wholesalers or retailers or for export; “receptacle”, in relation to any meat product or fish product, means any basket, carton, bag, box, packet or article which contains the meat product or fish product and where any such receptacle is contained in another such receptacle includes the latter receptacle; “rules” means rules made under section 42; “sell” means to sell by way of retail or wholesale dealing and includes barter, and also includes offering or attempting to sell, or receiving for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale; “slaughter‑house” means any premises where animals are slaughtered for the production of meat products; “tranship”, with its grammatical variations and cognate expressions, means to bring any goods into Singapore by land, sea or air from any place which is outside Singapore and then to remove those goods from the conveyance in which they were brought into Singapore and — ( a ) return them to that same conveyance; or ( b ) transfer them to another conveyance for the purpose of being taken out of Singapore, whether those goods are to be transferred directly between conveyances or whether they are to be landed in Singapore after they were brought into Singapore and stored, pending their being taken out of Singapore; “vehicle” means any conveyance used to carry goods by land. [4/2003; 11/2019] (2) For the purposes of this Act, any meat product or fish product is deemed to be adulterated if — ( a ) it does not comply with the prescribed standards; or ( b ) it contains any chemical, drug or other substance which renders the meat product or fish product injurious to health or unfit for human consumption.


document_id: wmfa-1999
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Administration of Act and appointment of officers, etc.
content:
3. —(1) The Director‑General is responsible for the administration of this Act, subject to the general or special directions of the Minister. (2) The Director‑General may in writing appoint any public officer or any officer of the Agency or any other statutory authority, or an auxiliary police officer appointed under the Police Force Act 2004, to be an authorised officer for the purposes of this Act and the rules. [11/2019] (3) The Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon him or her by this Act (except the power of delegation conferred by this subsection) to any authorised officer. [11/2019] (4) Every authorised officer is deemed to be a public servant within the meaning of the Penal Code 1871. (5) The Director‑General may designate any person or body of persons to carry out at any appointed place any inspection, examination and certification of any meat product or fish product under this Act. (6) The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke a person’s appointment as an authorised officer or a person’s or body’s designation under subsection (5). [11/2019] (7) An auxiliary police officer who is appointed as an authorised officer under subsection (2) does not, by virtue only of the appointment, become an employee or agent of the Agency. [11/2019]


document_id: wmfa-1999
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Identification card to be produced
content:
4. —(1) Every authorised officer, when exercising any of his or her powers under this Act or the rules — ( a ) must, if not in uniform, declare his or her office; and ( b ) must, on demand, produce to any person affected by the exercise of such power such identification card as the Director‑General, the Director‑General of Customs or the Commissioner of Police may direct to be carried by an authorised officer. [4/2003] (2) It is not an offence for any person to refuse to comply with any request, demand or order made or given by any authorised officer if the authorised officer is not in uniform and refuses to declare his or her office and produce his or her identification card, on demand being made by the person.


document_id: wmfa-1999
provision_ref: s5
chapter: PART 2 - CONTROL OF IMPORT, EXPORT AND TRANSHIPMENT OF
section: 5
title: Prohibition of import, export or transhipment of meat products or fish products without licence
content:
5. —(1) A person must not import, export or tranship any meat product or fish product except under and in accordance with the conditions of a licence granted by the Director‑General under this Part. (2) Any person who — ( a ) imports, exports or tranships any meat product or fish product without a licence; or ( b ) fails to comply with any of the conditions of the person’s 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 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: wmfa-1999
provision_ref: s6
chapter: PART 2 - CONTROL OF IMPORT, EXPORT AND TRANSHIPMENT OF
section: 6
title: Prohibition of import, export or transhipment of meat products or fish products without permit
content:
6. —(1) A licensee must not import any meat product or fish product for sale, supply or distribution in Singapore unless — ( a ) the licensee has obtained a permit from the Director‑General in respect of each consignment of meat products or fish products to be imported by the licensee and the import of each such consignment is carried out in accordance with the conditions of the permit; ( b ) the whole consignment conforms to the description as contained in the permit; ( c ) the whole consignment meets with the prescribed standards; and ( d ) the meat products or fish products constituting the consignment are packaged and labelled in the prescribed manner. (2) A licensee must not export any meat product or fish product from Singapore to any country, territory or place unless — ( a ) the licensee has obtained a permit from the Director‑General in respect of each consignment of meat products or fish products to be exported by the licensee and the export of each such consignment is carried out in accordance with the conditions of the permit; ( b ) the whole consignment to be exported conforms to the description as contained in the permit; ( c ) in the case of a consignment of meat products, the whole consignment has been derived from animals which have been slaughtered in slaughter‑houses licensed under this Act or from meat products which have been imported in accordance with this Act; ( d ) the whole consignment has been processed in a processing establishment licensed under this Act; ( e ) in the case of a consignment which requires to be stored in a cold store, the cold store in which the consignment has been or is being stored is licensed under this Act; ( f ) the licensee provides the Director‑General with satisfactory evidence that the whole consignment meets with the requirements of the country to which it is being exported; and ( g ) the meat products or fish products constituting the consignment are packaged and labelled in the prescribed manner. (3) A licensee must not tranship any meat product or fish product in Singapore unless the licensee has obtained a permit from the Director‑General in respect of each consignment of meat products or fish products to be transhipped by the licensee and the transhipment is carried out in accordance with the conditions of the permit. (4) Any licensee who contravenes or fails to comply with subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (5) Subject to subsection (6), in any proceedings for an offence under subsection (4), it is a defence for the person charged to prove — ( a ) that the commission of the offence was due to the act or default of another person or to some other cause beyond the control of the person charged; and ( b ) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged. (6) If in any proceedings the defence provided by subsection (5) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 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 that other person. [Act 25 of 2021 wef 01/04/2022] (7) In this section, “licensee” means any person who has obtained a licence as required under section 5 for the import, export or transhipment of any meat product or fish product.


document_id: wmfa-1999
provision_ref: s7
chapter: PART 2 - CONTROL OF IMPORT, EXPORT AND TRANSHIPMENT OF
section: 7
title: Application for licences and permits and renewal of licences
content:
7. —(1) An application for a licence required under section 5 or a permit required under section 6 must be made to the Director‑General in such form or manner as the Director‑General may require and must be accompanied by — ( a ) the prescribed fee; ( b ) such particulars, information and documents as may be specified by the Director‑General; and ( c ) if required by the Director‑General, a statutory declaration by the applicant verifying any information contained in or relating to the application. (2) In deciding whether to grant a licence under section 5 for the import of any meat product or fish product, the Director‑General may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to the experience and resources of the applicant in providing a secure and reliable supply in Singapore of the meat product or fish product. [11/2019] (3) Without limiting subsection (2), those inquiries and investigations may include whether the applicant for a licence to import any meat product or fish product has a procurement plan stating — ( a ) the risks (including assessments thereof) of any disruption occurring to the import of the meat product or fish product from the markets from which they are to be procured; and ( b ) any plan of action (including preventive strategies) for the purpose of — (i) ensuring, so far as is reasonably practicable, that the applicant can still provide a secure and reliable supply in Singapore of the meat product or fish product of acceptable quality; or (ii) otherwise reducing or mitigating the effect of any disruption to the supply of the meat product or fish product from any such market from which they are to be procured. [11/2019] (4) On receipt of an application under subsection (1), the Director‑General may — ( a ) grant the licence or permit applied for, with or without conditions; or ( b ) refuse to grant the licence or permit applied for. (5) Without limiting subsection (4), the Director‑General may grant a licence under section 5 subject to such conditions as the Director‑General thinks fit, including but not limited to the conditions necessary or related to ensuring a secure and reliable supply in Singapore of any meat product or fish product. [11/2019] (6) Where the Director‑General has refused to grant a licence or permit under subsection (4)( b ), the Director‑General must, if requested to do so by the applicant, state in writing the reasons for his or her refusal. (7) The conditions which the Director‑General may impose under subsection (4)( a ) include any condition which — ( a ) restricts or prohibits the import of any meat product or fish product from any country, territory or place or any farm, slaughter‑house or processing establishment therein; or ( b ) restricts or prohibits the export of any meat product or fish product from Singapore to any country, territory or place. (8) The Director‑General may at any time vary or revoke any of the existing conditions imposed under subsection (4)( a ) or impose new conditions. (9) Every licence or permit granted under this section — ( a ) is to be in such form as the Director‑General may determine; ( b ) is valid for the period stated in the licence or permit unless it is sooner revoked under section 8; and ( c ) in the case of a licence, may be renewed upon its expiry. (10) Subsections (1) to (9) apply, with the necessary modifications, to an application for the renewal of a licence.


document_id: wmfa-1999
provision_ref: s8
chapter: PART 2 - CONTROL OF IMPORT, EXPORT AND TRANSHIPMENT OF
section: 8
title: Suspension and revocation of licences and permits
content:
8. —(1) The Director‑General may suspend or revoke a licence or permit granted under section 7 if he or she is satisfied that — ( a ) the grant of the licence or permit has been obtained by fraud or misrepresentation; ( b ) the holder of the licence or permit is contravening or has contravened or failed to comply with — (i) any of the provisions of this Act or the rules; (ii) any condition of the holder’s licence or permit; or (iii) any direction given to the holder by the Director‑General or an authorised officer under this Act or the rules or by the Director‑General under Part 2A of the Sale of Food Act 1973; or ( c ) it is in the public interest to suspend or revoke the licence or permit. [48/2017; 11/2019] (2) The Director‑General must, before suspending or revoking the licence or permit under subsection (1), give to the holder of the licence or permit written notice of the Director‑General’s intention to do so and must in such notice call upon the holder of the licence or permit to show cause within such time as may be specified in the notice as to why the holder’s licence or permit should not be suspended or revoked. (3) If the holder of the licence or permit — ( a ) fails to show cause within the period of time given to the holder to do so or such extended period of time as the Director‑General may allow; or ( b ) fails to show sufficient cause, the Director‑General must give to the holder of the licence or permit written notice of the date from which the suspension or revocation of the holder’s licence or permit is to take effect.


document_id: wmfa-1999
provision_ref: s9
chapter: PART 2 - CONTROL OF IMPORT, EXPORT AND TRANSHIPMENT OF
section: 9
title: Appeals
content:
9. —(1) Any person who is aggrieved by — ( a ) the imposition of any condition by the Director‑General upon granting or renewing a licence or upon granting a permit under section 7; ( b ) the refusal of the Director‑General to grant or renew a licence or to grant a permit under section 7; or ( c ) the decision of the Director‑General to suspend or revoke a licence or permit under section 8, may, within 7 days of the date of receipt of the notice informing the person of the imposition of conditions, refusal, suspension or revocation (as the case may be) appeal in writing to the Minister whose decision is final. (2) Despite the fact that any appeal under subsection (1) is pending — ( a ) any condition imposed by the Director‑General upon granting or renewing a licence or upon granting a permit under section 7; or ( b ) the suspension or revocation of a licence or permit under section 8, takes effect from the date specified in the notice by the Director‑General, unless the Minister otherwise orders. (3) Upon the suspension or revocation of a licence or permit, the holder of the licence or permit must surrender the licence or permit to the Director‑General within the time specified in the notice mentioned in subsection (1), failing which the holder of the licence or permit 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: wmfa-1999
provision_ref: s10
chapter: PART 2 - CONTROL OF IMPORT, EXPORT AND TRANSHIPMENT OF
section: 10
title: Inspection of meat products and fish products upon import or before export
content:
10. —(1) Any person who has imported any meat product or fish product into Singapore or who intends to export any meat product or fish product from Singapore must forthwith arrange, at his or her own expense, for the meat product or fish product to be inspected, examined and certified by an authorised examiner before it is sold or distributed or exported, as the case may be. (2) Where any meat product or fish product which has been inspected and examined by an authorised examiner under subsection (1) is found by the authorised examiner to be diseased, adulterated or otherwise unfit for human consumption — ( a ) the authorised examiner must issue to the person who imported or who intends to export the meat product or fish product a certificate stating his or her finding; and ( b ) the person who imported, or who intends to export, the meat product or fish product must, at the person’s own expense and within the prescribed time — (i) in the case of an imported meat product or fish product, remove the meat product or fish product from Singapore or destroy or otherwise dispose of the meat product or fish product in the prescribed manner; or (ii) in the case of any meat product or fish product which is intended for export, destroy or otherwise dispose of the meat product or fish product in the prescribed manner. (3) Where a person who has imported, or who intends to export, any meat product or fish product fails to comply with subsection (1) or (2)( b ), the person 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. (4) Where a person to whom paragraph ( b ) of subsection (2) applies fails to comply with that paragraph, any authorised officer may take such steps as he or she thinks fit to secure the removal, destruction or disposal of the meat product or fish product and recover any costs and expenses reasonably incurred by him or her from that person.


document_id: wmfa-1999
provision_ref: s11
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 11
title:
Slaughter of animals to be carried out at licensed slaughter‑houses or premises permitted by Director‑General

content:
11. —(1) A person must not slaughter any animal which is intended for human consumption or permit any such animal to be slaughtered on any premises, unless — ( a ) those premises have been licensed by the Director‑General as a slaughter‑house under this Act and the slaughter of the animal is carried out in accordance with the rules and the conditions of the licence; or ( b ) the Director‑General has granted a permit to such person allowing the person to slaughter the animal on those premises for any special reason and the slaughter of the animal is carried out in accordance with the rules and the conditions of the permit. (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. (3) For the purpose of this section, the occupier of any premises in which any animal is slaughtered in contravention of subsection (1) is deemed to have slaughtered that animal, until the occupier proves that it was slaughtered without the occupier’s knowledge or consent.


document_id: wmfa-1999
provision_ref: s12
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 12
title: Processing establishments and cold stores to be licensed
content:
12. —(1) A person must not use any premises or permit any premises to be used as a processing establishment or a cold store except under and in accordance with the conditions of a licence granted by the Director‑General. (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.


document_id: wmfa-1999
provision_ref: s13
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 13
title: Application for licences and permits and renewal of licences
content:
13. —(1) An application for a licence required under section 11(1)( a ) or 12(1) or a permit required under section 11(1)( b ) must be made to the Director‑General in such form or manner as the Director‑General may require and must be accompanied by — ( a ) the prescribed fee; ( b ) such particulars, information and document as may be specified by the Director‑General; and ( c ) if required by the Director‑General, a statutory declaration by the applicant verifying any information contained in or relating to the application. (2) On receipt of an application under subsection (1), the Director‑General may — ( a ) grant the licence or permit applied for, with or without conditions; or ( b ) refuse to grant the licence or permit applied for. (3) Where the Director‑General has refused to grant a licence or permit under subsection (2)( b ), the Director‑General must, if required by the applicant, state in writing the reasons for his or her refusal. (4) In determining whether to grant or refuse to grant a licence required under section 11(1)( a ) or 12(1), the Director‑General must have regard to — ( a ) the financial standing of the applicant and the applicant’s ability to operate and maintain a slaughter‑house, processing establishment or cold store (as the case may be) in accordance with the prescribed standards; and ( b ) the suitability of the premises to be licensed for use as a slaughter‑house, processing establishment or cold store, as the case may be. (5) For the purpose of subsection (4), the Director‑General, before granting the licence applied for, may — ( a ) require the applicant to produce to the Director‑General evidence of the applicant’s financial standing or to provide a cash security deposit or a bank guarantee not exceeding the prescribed amount; ( b ) inspect the premises to be licensed, or cause such premises to be inspected by an authorised officer; and ( c ) require the applicant to make, at the applicant’s own expense, such alteration or improvements to the premises to be licensed, or to provide, fix or install such facilities therein, as the Director‑General may specify. (6) The Director‑General may at any time vary or revoke any of the existing conditions imposed under subsection (2)( a ) or impose new conditions. (7) Every licence or permit granted under this section — ( a ) must be in such form as the Director‑General may determine; ( b ) is valid for the period stated in the licence or permit unless it is sooner revoked under section 14; and ( c ) in the case of a licence, may be renewed upon its expiry. (8) Subsections (1) to (7) apply, with the necessary modifications, to an application for the renewal of a licence.


document_id: wmfa-1999
provision_ref: s14
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 14
title: Suspension and revocation of licences and permits
content:
14. —(1) The Director‑General may suspend or revoke a licence or permit granted under section 13 if he or she is satisfied that — ( a ) the grant of the licence or permit has been obtained by fraud or misrepresentation; ( b ) the holder of the licence or permit is contravening or has contravened or failed to comply with — (i) any of the provisions of this Act or the rules; (ii) any condition of the holder’s licence or permit; or (iii) any direction given to the holder by the Director‑General or an authorised officer under this Act or the rules or by the Director‑General under Part 2A of the Sale of Food Act 1973; or ( c ) it is in the public interest to suspend or revoke the licence or permit. [48/2017; 11/2019] (2) The Director‑General must, before suspending or revoking the licence or permit under subsection (1), give to the holder of the licence or permit written notice of the Director‑General’s intention to do so and must in such notice call upon the holder of the licence or permit to show cause within such time as may be specified in the notice as to why the holder’s licence or permit should not be suspended or revoked. (3) If the holder of the licence or permit — ( a ) fails to show cause within the period of time given to the holder of the licence or permit to do so or such extended period of time as the Director‑General may allow; or ( b ) fails to show sufficient cause, the Director‑General must give written notice to the holder of the licence or permit of the date from which the suspension or revocation of the holder’s licence or permit is to take effect.


document_id: wmfa-1999
provision_ref: s15
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 15
title: Appeals
content:
15. —(1) Any person who is aggrieved by — ( a ) the imposition of any condition by the Director‑General upon granting or renewing a licence or upon granting a permit under section 13; ( b ) the refusal of the Director‑General to grant or renew a licence or to grant a permit under section 13; or ( c ) the decision of the Director‑General to suspend or revoke a licence or permit under section 14, may, within 7 days of the date of receipt of the notice informing the person of such imposition of conditions, refusal, suspension or revocation (as the case may be) appeal in writing to the Minister whose decision is final. (2) Despite the fact that any appeal under subsection (1) is pending — ( a ) any condition imposed by the Director‑General upon granting or renewing a licence or upon granting a permit under section 13; or ( b ) the suspension or revocation of a licence or permit under section 14, takes effect from the date specified in the notice by the Director‑General, unless the Minister otherwise orders. (3) Upon the suspension or revocation of a licence or permit, the holder of the licence or permit must surrender the licence or permit to the Director‑General within the time specified in the notice mentioned in subsection (1), failing which the holder of the licence or permit 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: wmfa-1999
provision_ref: s16
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 16
title: Ante‑mortem and post‑mortem examination
content:
16. —(1) The Director‑General may in writing direct the owner or occupier of a licensed slaughter‑house to subject all or any of the animals intended for slaughter at the slaughter‑house to an ante‑mortem examination before slaughter, and to a post‑mortem examination after slaughter, by an authorised examiner. (2) The costs of and incidental to any examination mentioned in subsection (1) are to be borne by the person to whom the direction under that subsection is given. (3) Any person who fails to comply with any direction given to the person by the Director‑General under 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.


document_id: wmfa-1999
provision_ref: s17
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 17
title: Owners and occupiers of licensed slaughter‑houses to ensure that animals are fit for slaughter
content:
17. —(1) It is the duty of the owner and occupier of a licensed slaughter‑house to ensure — ( a ) that no animal which is diseased or which is, for any other reason, unfit for human consumption is slaughtered at the slaughter‑house; and ( b ) that the carcase of any animal which, upon being slaughtered at the slaughter‑house, is found to have any disease or to be otherwise unfit for human consumption is destroyed or disposed of in the prescribed manner. (2) Any owner or occupier of a licensed slaughter-house who fails to comply with any of the owner’s or occupier’s duties under 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. (3) In any proceedings against the owner or occupier of a licensed slaughter‑house for failing to comply with the owner’s or occupier’s duty under subsection (1)( a ), it is a defence for the person charged to prove — ( a ) that until the animal had been slaughtered, the person charged did not know, and could not with reasonable diligence have ascertained, that the animal was diseased or otherwise unfit for human consumption; and ( b ) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged.


document_id: wmfa-1999
provision_ref: s18
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 18
title: Power to prohibit slaughter
content:
18. —(1) Where the Director‑General or an authorised officer knows or has reason to believe that any animal intended for slaughter at a licensed slaughter‑house is diseased or is, for any other reason, unfit for human consumption, the Director‑General or authorised officer may by written order — ( a ) prohibit the owner or occupier of the licensed slaughter‑house from slaughtering that animal; and ( b ) require the owner or occupier of the licensed slaughter‑house to destroy or treat such animal at the owner’s or occupier’s own expense in such manner as the Director‑General or authorised officer thinks fit. (2) Any person who fails to comply with an order given to the person by the Director‑General or an authorised officer under 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.


document_id: wmfa-1999
provision_ref: s19
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 19
title: Power to prohibit dressing of carcases
content:
19. —(1) Where the Director‑General or an authorised officer knows or has reason to believe that the carcase of any animal which has been slaughtered at a licensed slaughter‑house is diseased or is, for any other reason, unfit for human consumption, the Director‑General or authorised officer may by written order — ( a ) prohibit the owner or occupier of the licensed slaughter‑house from dressing that carcase; and ( b ) require the owner or occupier of the licensed slaughter‑house to destroy or treat such carcase at the owner’s or occupier’s own expense in such manner as the Director‑General or authorised officer thinks fit. (2) Any person who fails to comply with an order given to the person by the Director‑General or an authorised officer under 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.


document_id: wmfa-1999
provision_ref: s20
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 20
title: Marking, branding or tagging of carcases
content:
20. —(1) Before the carcase of any animal that has been slaughtered in a licensed slaughter‑house is removed, it must be marked, branded or tagged in the prescribed manner to denote that that animal has been slaughtered in compliance with section 11(1)( a ). (2) Any person who — ( a ) removes, without lawful excuse, the carcase of any animal that has been slaughtered in a licensed slaughter‑house before that carcase is marked, branded or tagged in accordance with subsection (1); ( b ) marks, brands or tags the carcase or any part of the carcase of an animal which was not slaughtered at a licensed slaughter‑house with the intention of causing it to be believed that the animal was slaughtered at such a slaughter‑house; ( c ) makes or has in the person’s possession any dye, plate or other instrument for the purpose of it being used or knowing or having reason to believe that it is intended to be used for the purpose of counterfeiting the mark, brand or tag of a licensed slaughter‑house; or ( d ) sells or exposes for sale or has in the person’s possession for sale the carcase or any part of the carcase of an animal which was not slaughtered at a licensed slaughter‑house but which — (i) bears any mark, brand or tag which is intended to represent the mark, brand or tag of a licensed slaughter‑house; or (ii) is so marked, branded or tagged as to cause it to be believed that the animal was slaughtered in a licensed slaughter‑house, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) Subject to subsection (4), in any proceedings for an offence under subsection (2)( d ), it is a defence for the person charged to prove — ( a ) that the commission of the offence was due to the act or default of another person or to some other cause beyond the control of the person charged; and ( b ) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged. (4) If in any proceedings the defence provided by subsection (3) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 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 that other person. [Act 25 of 2021 wef 01/04/2022]


document_id: wmfa-1999
provision_ref: s21
chapter: PART 3 - LICENSING OF SLAUGHTER-HOUSES, PROCESSING
section: 21
title: Power to close slaughter‑houses, processing establishments and cold stores
content:
21. —(1) Where the Director‑General or an authorised officer finds that the condition in a licensed slaughter-house, processing establishment or cold store has become dangerous to health or may hinder in any manner the suppression of disease or that the licensed slaughter‑house, processing establishment or cold store has been or is being kept in an unhygienic condition, the Director‑General or authorised officer may — ( a ) give written directives requiring that the slaughter‑house, processing establishment or cold store (as the case may be) be closed for such time as the Director‑General may determine; or ( b ) give directives for the immediate stoppage of any slaughtering, processing or other work until he or she is satisfied that the owner or occupier of the slaughter‑house, processing establishment or cold store (as the case may be) has taken action to render the slaughter‑house, processing establishment or cold store in a clean and hygienic condition again. (2) The Director‑General or an authorised officer must, as soon as possible after he or she has given written directives under subsection (1)( a ), inform the owner or occupier of the slaughter‑house, processing establishment or cold store of the reasons why the directives were given. (3) Any person who fails to comply with any directive given to the person by the Director‑General or an authorised officer under 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.


document_id: wmfa-1999
provision_ref: s22
chapter: PART 4 - SALE OF MEAT PRODUCTS AND FISH PRODUCTS
section: 22
title: Licensing of wholesale markets
content:
22. —(1) A person must not use any premises or permit any premises to be used as a wholesale market unless the person has been granted a licence by the Director‑General to use those premises as such. (2) Any person who — ( a ) uses any premises or permits any premises to be used as a wholesale market without a licence; or ( b ) fails to comply with any of the conditions of the person’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 12 months or to both. (3) Sections 13, 14 and 15 apply, with the necessary modifications, to a licence required under this section as they apply to a licence required under section 11 or 12. (4) In this section, “wholesale market” means a place where any animal, meat product, fish or fish product is sold wholesale or through auction.


document_id: wmfa-1999
provision_ref: s23
chapter: PART 4 - SALE OF MEAT PRODUCTS AND FISH PRODUCTS
section: 23
title: Sale of meat products and fish products
content:
23. —(1) A person must not sell or supply, or have in the person’s possession for the purpose of selling or supplying, or advertise the sale or supply of, any meat product or fish product — ( a ) which has been imported in contravention of section 5 or 6; ( b ) which has not been inspected, examined and certified by an authorised examiner as required under section 10; ( c ) which has been derived from any animal that has been slaughtered in Singapore in contravention of section 11, 17 or 18; ( d ) which has been — (i) processed in a processing establishment; or (ii) kept for any period of time in a cold store, that has not been licensed under section 13; ( e ) which has not been marked, branded or tagged in accordance with section 20; ( f ) which has not been labelled in the prescribed manner or which has been labelled with any information that is false, inaccurate or misleading; ( g ) which has been obtained from a wholesale market that has not been licensed under section 13; or ( h ) which is diseased, adulterated or unfit for human consumption or which is otherwise in contravention of any of the other provisions of this Act or the rules. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both. (3) Subject to subsection (4), in any proceedings for an offence under subsection (2), it is a defence for the person charged to prove — ( a ) that the commission of the offence was due to the act or default of another person or to some other cause beyond the control of the person charged; and ( b ) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged. (4) If in any proceedings the defence provided by subsection (3) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 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 that other person. [Act 25 of 2021 wef 01/04/2022] (5) For the purpose of this section, where any meat product or fish product is found on any premises used by any person for the sale of meat products or fish products or for the storage of meat products or fish products intended for sale, it is deemed to be in that person’s possession for sale until the contrary is proved.


document_id: wmfa-1999
provision_ref: s24
chapter: PART 5 - POWERS OF ENFORCEMENT
section: 24
title: Power to require production of documents, etc.
content:
24. —(1) For the purpose of discharging his or her functions and duties under this Act and the rules, the Director‑General or an authorised officer may at any time require any person — ( a ) to produce to the Director‑General or authorised officer for inspection or for the purpose of obtaining copies or extracts, or to provide the Director‑General or authorised officer with copies or extracts of, any book, shipping bill, bill of lading or other document or record that the Director‑General or authorised officer believes on reasonable grounds contains any information relevant to the administration or enforcement of this Act or the rules; or ( b ) to provide any information as the Director‑General or authorised officer may reasonably require. (2) The Director‑General or an authorised officer may record any information provided by any person under subsection (1)( b ) as a statement which is admissible as evidence in any proceedings in connection with any offence under this Act or the rules. (3) Any person who fails to comply with any requirement made by the Director‑General or authorised officer under subsection (1)( a ) or ( b ) 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: wmfa-1999
provision_ref: s24A
chapter: PART 5 - POWERS OF ENFORCEMENT
section: 24A
title: Other powers of investigation
content:
24A. —(1) For the purpose of investigating any offence under this Act or the rules, the Director‑General or an authorised officer may — ( a ) require any person in Singapore whom the Director‑General or authorised officer (as the case may be) has reason to believe to be acquainted with any facts or circumstances relevant to that investigation to attend before the Director‑General or authorised officer to answer any question (to the best of that person’s knowledge, information and belief); or ( b ) examine orally any person supposed to be acquainted with the facts and circumstances of the case. [11/2019] (2) The person mentioned in subsection (1)( b ) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture. [11/2019] (3) Any statement made by any person in answer to a question under subsection (1) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. [11/2019] (4) If any person fails to attend before the Director‑General or an authorised officer as required under subsection (1), the Director‑General or authorised officer may report the failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order. [11/2019]


document_id: wmfa-1999
provision_ref: s25
chapter: PART 5 - POWERS OF ENFORCEMENT
section: 25
title: Powers of entry, search and seizure, etc.
content:
25. —(1) In discharging his or her functions and duties under this Act and the rules, the Director‑General or an authorised officer may — ( a ) at all reasonable times without warrant enter, search and inspect any premises, or stop, enter, search and inspect any conveyance, in which the Director‑General or authorised officer believes on reasonable grounds there is any item to which this Act applies; ( b ) inspect any item to which this Act applies that is found in any premises or conveyance entered under paragraph ( a ); ( c ) take, without payment, for the purpose of examination reasonable samples of any meat product or fish product that is found in any premises or conveyance entered under paragraph ( a ); or ( d ) seize and detain any item to which this Act applies that is found in any premises or conveyance entered under paragraph ( a ) and that the Director‑General or authorised officer believes on reasonable grounds is not in compliance with this Act or the rules or is otherwise connected with the commission of an offence under this Act or the rules. (2) For the purpose of subsection (1)( a ), the Director‑General or an authorised officer may — ( a ) require the owner or occupier of any premises or conveyance being inspected to provide all reasonable assistance to the Director‑General or authorised officer for the purpose of the inspection; and ( b ) if the circumstances so warrant, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container, receptacle or any other thing. (3) Where the Director‑General or an authorised officer seizes any item under subsection (1)( d ), the Director‑General or authorised officer must forthwith give written notice of the seizure to the owner of the item seized or to the agent of such owner, if the name and address of such owner or agent of such owner are known. (4) Any person aggrieved by the seizure of any item under subsection (1)( d ) may, within 48 hours after the seizure, complain of the seizure to a Magistrate’s Court. (5) Upon hearing such complaint, the Magistrate’s Court may — ( a ) confirm the seizure wholly or in part; ( b ) disallow the seizure wholly or in part; ( c ) order that any item seized be restored to its owner, subject to any condition which the Court may think fit to impose to ensure that the item is preserved for any purpose for which it may subsequently be required; or ( d ) order payment to be made to the owner of the item seized of such amount as the Court considers will compensate the owner for any loss or depreciation resulting from the seizure. (6) Any item seized under subsection (1)( d ) may be kept or stored in the premises or conveyance where it was seized or may, at the direction of the Director‑General or an authorised officer, be removed to any other place to be kept or stored at such other place. (7) The Director‑General or an authorised officer may mark, seal or label any item being detained under subsection (1)( d ) in such manner as he or she thinks fit for the purpose of indicating that the item is under detention and may lock or seal the premises or conveyance in which the item is being detained. (8) Any person who fails to comply with any requirement made by the Director‑General or an authorised officer under subsection (2)( a ) 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) Any person who, without the authority of the Director‑General or an authorised officer — ( a ) interferes, tampers with, removes, distributes, sells, or otherwise disposes of any item seized or detained under subsection (1)( d ) or alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Director‑General or an authorised officer on such item under subsection (7); or ( b ) opens, breaks or otherwise tampers with the lock or seal placed by the Director‑General or an authorised officer on any premises or conveyance or part thereof under subsection (7), 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: wmfa-1999
provision_ref: s26
chapter: PART 5 - POWERS OF ENFORCEMENT
section: 26
title:
Power to require destruction, treatment or disposal of meat products or fish products found to be diseased, etc.

content:
26. —(1) Where the result of the examination of any sample taken from any meat product or fish product under section 25(1)( c ) reveals that the meat product or fish product is diseased, adulterated or unfit for human consumption, the Director‑General or an authorised officer may direct the owner of the meat product or fish product or the agent of such owner to destroy or treat or otherwise dispose of the meat product or fish product in such manner as the Director‑General or authorised officer thinks fit, and the costs of an incidental to the destruction, treatment or disposal are to be borne by such owner or agent thereof. (2) If a person to whom any direction under subsection (1) is given fails to comply with the direction — ( a ) the person 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 ( b ) any authorised officer may take such steps as he or she thinks fit to secure the destruction, treatment or disposal of the meat product or fish product to which the direction relates and recover any costs and expenses reasonably incurred by him or her from that person.


document_id: wmfa-1999
provision_ref: s27
chapter: PART 5 - POWERS OF ENFORCEMENT
section: 27
title: Powers of arrest
content:
27. —(1) The Director‑General or any authorised officer, police officer or officer of customs may arrest without warrant any person committing or attempting to commit or whom he or she reasonably suspects of being engaged in committing or attempting to commit any offence under this Act or the rules, if — ( a ) the person refuses to provide his or her name and address or provides an address out of Singapore; or ( b ) there are reasonable grounds for believing that the person has provided a false name or address or that the person is likely to abscond. (2) The Director‑General or any authorised officer, police officer or officer of customs making an arrest without warrant must, subject to subsection (3), without unnecessary delay bring the person arrested before a Magistrate’s Court. (3) A person who has been arrested by the Director‑General or any authorised officer, police officer or officer of customs is not to be released, except on his or her own bond or on bail or on the special written order of the Magistrate or the Director‑General.


document_id: wmfa-1999
provision_ref: s28
chapter: PART 6 - MISCELLANEOUS
section: 28
title: Obstructing officers in execution of duties
content:
28. Any person who obstructs, hinders or impedes the Director‑General or any authorised officer, police officer or officer of customs or any other person acting under the direction of the Director‑General, in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act or the rules 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: wmfa-1999
provision_ref: s29
chapter: PART 6 - MISCELLANEOUS
section: 29
title: Altering licence, permit or certificate
content:
29. Any person who — ( a ) without lawful authority alters, forges, mutilates or defaces any licence, permit or certificate granted under this Act or the rules; or ( b ) knowingly makes use of any licence, permit or certificate which has been so altered, forged, mutilated or defaced, 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: wmfa-1999
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS
section: 30
title: Penalty for false declaration, etc.
content:
30. Any person who, being required by this Act or the rules to make or provide any declaration, statement, representation or information or to produce any permit or who, for the purpose of obtaining any licence, permit or certificate under this Act — ( a ) makes or provides any declaration, statement, representation or information which is false in a material particular; or ( b ) produces any licence, permit or certificate which the person knows or has reason to believe is false in any material particular or has not been granted by the person by whom it purports to have been granted, or has been in any way altered or tampered with, 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: wmfa-1999
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS
section: 31
title: Offences committed by bodies corporate and by agents and servants
content:
31. —(1) Where an offence under this Act or the rules has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity shall be guilty of that offence unless he or she proves — ( a ) that the offence was committed without his or her consent or connivance; and ( b ) that he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances. (2) Where an offence under this Act or the rules is committed by any person acting as an agent or servant of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without affecting the liability of the firstmentioned person, be liable under this Act or the rules in the same manner and to the same extent as if the other person had personally committed the offence if it is proved that the act which constituted the offence was committed with the other person’s consent or connivance or that it was attributable to any neglect on the other person’s part.


document_id: wmfa-1999
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS
section: 32
title: Forfeiture
content:
32. —(1) The court before which any person is tried for an offence under this Act or the rules may make an order for the forfeiture of any item which has been seized under the provisions of this Act if — ( a ) the court is satisfied that — (i) an offence under this Act or the rules has been committed; and (ii) the item seized was the subject matter, or was used in the commission, of the offence; and ( b ) having regard to the circumstances of the case, the court thinks it fit to order the forfeiture of the item. (2) Where no party raises the question of forfeiture under subsection (1), the court is to consider the question on its own motion. (3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act even though no person may have been convicted of an offence. (4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court is to order that the item be released to the owner of the item or the person entitled to the item. (5) In the absence of any prosecution with regard to any item which has been seized under the provisions of this Act, the Director‑General must give to the person from whom the item was seized or to the owner of the item written notice that the item, on the expiry of 7 days of the date specified in the notice, is deemed to be forfeited unless a claim to the item is made before then in accordance with subsection (6). (6) A person asserting — ( a ) that the person is the owner of, or is entitled to, any item which has been seized under the provisions of this Act; and ( b ) that the item is not liable to forfeiture, may, personally or by the person’s agent authorised in writing, give written notice to the Director‑General that the person claims the item. (7) On receipt of a notice under subsection (6), the Director‑General may direct that the item be released to the person who has given the notice or may refer the matter to a court for decision. (8) Where no claim is received on the expiry of 7 days of the date specified in the notice mentioned in subsection (5), the item to which the notice relates is deemed to be forfeited. (9) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item is thereupon deemed to be forfeited. (10) Any item forfeited or deemed to be forfeited under this section must be delivered to an authorised officer and must be disposed of in such manner as the Director‑General thinks fit.


document_id: wmfa-1999
provision_ref: s33
chapter: PART 6 - MISCELLANEOUS
section: 33
title: Form and authentication of notices, orders and other documents
content:
33. —(1) Every notice, order and other document of any nature which the Director‑General is empowered to give by this Act or the rules may be in such form as the Director‑General may determine, and may be given by any authorised officer. (2) Where any such notice, order or document requires authentication — ( a ) the signature of the Director‑General or an authorised officer; or ( b ) an official facsimile of such signature, appended to the notice, order or document is sufficient authentication.


document_id: wmfa-1999
provision_ref: s34
chapter: PART 6 - MISCELLANEOUS
section: 34
title: Inaccuracies in documents
content:
34. —(1) A misnomer or inaccurate description of any person, premises, building, street, place, vehicle or other conveyance named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act or the rules does not in any way affect the operation of this Act or any such rules as respects that person, premises, building, street, place, vehicle or other conveyance if that person, premises, building, street, place, vehicle or other conveyance is so designated in the notice, order or document as to be identifiable. (2) No proceedings taken under or by virtue of this Act or any rules are invalid for want of form.


document_id: wmfa-1999
provision_ref: s35
chapter: PART 6 - MISCELLANEOUS
section: 35
title: Service of documents
content:
35. —(1) Any notice, order or document required or authorised by this Act or the rules to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act or the rules 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 or household 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 place of business in an envelope addressed to the person; ( c ) by sending it by registered post addressed to the person at the person’s usual or last known place of residence or place of business; or ( d ) in the case of an incorporated company, a partnership or a body of persons — (i) by delivering it to the secretary or other similar officer of the company, partnership or body of persons at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business. (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 (as the case may be) 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. (3) Any notice, order or document required or authorised by this Act or the rules to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or the rules may be served by — ( a ) delivering it or a true copy of it to some adult person on the premises; or ( b ) if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, document or summons to some conspicuous part of the premises. (4) Any notice, order or document required or authorised by this Act or the rules to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or the rules is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.


document_id: wmfa-1999
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS
section: 36
title: Protection from liability
content:
36. No suit or other legal proceedings shall lie against the Director‑General or any authorised officer, police officer or officer of customs or any other person acting under the direction of the Director‑General for anything which is in good faith done in the execution or purported execution of this Act or the rules.


document_id: wmfa-1999
provision_ref: s37
chapter: PART 6 - MISCELLANEOUS
section: 37
title: Jurisdiction of Courts
content:
37. Despite anything to the contrary contained in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act or the rules and to impose the full penalty or punishment in respect of any such offence.


document_id: wmfa-1999
provision_ref: s38
chapter: PART 6 - MISCELLANEOUS
section: 38
title: Evidence
content:
38. —(1) Subject to subsection (3) — ( a ) a document or certificate purporting to be a report under the hand of the Director‑General or an authorised officer upon any matter or thing in connection with the administration or enforcement of this Act or with any investigation carried out under this Act is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated therein; and ( b ) a certificate of an authorised examiner stating that he or she has analysed or examined any meat product or fish product and stating the result of his or her analysis or examination is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination. (2) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (1) on its production by the prosecution is, unless the contrary is proved, deemed to be such a certificate. (3) A certificate mentioned in subsection (1) is not to be received in evidence pursuant to that subsection unless the person charged has been given — ( a ) a copy of the certificate; and ( b ) notice of the intention of the prosecution to produce the certificate as evidence in the proceedings, at least 10 clear days before the commencement of the proceedings. (4) Where a certificate of the Director‑General, an authorised officer or an authorised examiner is admitted in evidence under subsection (1), the person charged may require the Director‑General, authorised officer or authorised examiner to be called as a witness for the prosecution and be cross-examined as if he or she had given evidence of the matters stated in the certificate.


document_id: wmfa-1999
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS
section: 39
title: Composition of offences
content:
39. —(1) The Director‑General or any officer authorised in writing in that behalf by the Minister may compound any offence under this Act or the rules that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All composition sums collected under this section must be paid into the Consolidated Fund. [11/2019]


document_id: wmfa-1999
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS
section: 40
title: Exemption
content:
40. The Director‑General may, either permanently or for such period as he or she may think fit, exempt any person or premises or any class of persons or premises from any of the provisions of this Act or the rules.


document_id: wmfa-1999
provision_ref: s41
chapter: PART 6 - MISCELLANEOUS
section: 41
title: Fees, etc., payable to Agency
content:
41. All fees, charges and moneys collected under this Act or any rules made under this Act (except composition sums) must be paid to the Agency. [11/2019]


document_id: wmfa-1999
provision_ref: s42
chapter: PART 6 - MISCELLANEOUS
section: 42
title: Rules
content:
42. —(1) The Minister may make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed. (2) Without limiting subsection (1), the Minister may make rules — ( a ) prescribing the particulars, information and documents to be provided with any application made under this Act; ( b ) prescribing the form to be used for any purpose under this Act; ( c ) prescribing the fees to be charged for the purposes of this Act; ( d ) providing for — (i) the inspection of premises subject to this Act and of conveyances used for the carriage of animals, fish, meat products and fish products; and (ii) the inspection, examination and certification of animals, fish, meat products and fish products; ( e ) providing for the authorisation of an authorised examiner, the conditions to be complied with by an authorised examiner and the withdrawal of any such authorisation; ( f ) prescribing the powers and functions of authorised officers and authorised examiners; ( g ) providing for the certification of meat products and fish products intended for export and the conditions under which such certificates may be withdrawn; ( h ) regulating or prohibiting the administration of drugs or other substances to animals before slaughter; ( i ) regulating or prohibiting the acceptance at slaughter‑houses of animals for slaughter which are diseased or otherwise unfit for use in the production of meat products; ( j ) regulating the manner in which animals intended for slaughter, fish, meat products and fish products are to be conveyed from place to place and providing for the inspection of conveyances carrying or intended to be used for carrying animals, fish, meat products and fish products; ( k ) regulating and controlling the processing and packing of meat products or fish products in licensed processing establishments; ( l ) prescribing requirements for the chilling, freezing and storage of any meat product or fish product and providing for the approval of any material used in packing any product; ( m ) regulating — (i) the construction, lighting, ventilation, air temperature, cleansing, drainage, water supply, maintenance and good management of premises subject to this Act; (ii) the construction, cleansing and maintenance of all fixtures, appliances, instruments, utensils and things connected or used therewith or connected with the management of the premises; and (iii) the hygiene requirements to be observed by or in relation to any person working in the premises so far as concerns the clothing, conduct and health of such person; ( n ) regulating and controlling the application of chemicals, drugs and other substances to meat products or fish products and the use of ingredients in the processing of meat products or fish products; ( o ) requiring information as to the nature and quantity of chemicals, drugs or other substances which have been applied to any meat product or fish product or of the ingredients which have been used in the processing of any meat product or fish product to be shown on the labels of such products; ( p ) prescribing the mode of dealing with animals and fish which are diseased or otherwise unfit for use in the production of meat products or fish products; ( q ) requiring that any meat product or fish product intended for export should conform to the requirements of the country to which it is to be exported, and prohibiting or restricting the export of any such product unless the prescribed requirements are complied with; ( r ) providing for the handling and treatment of live animals intended for slaughter for human consumption; ( s ) regulating the methods for the slaughter of animals; ( t ) providing for the standards of dressing animals slaughtered in licensed slaughter‑houses; ( u ) regulating and controlling the import of animals, fish, meat products and fish products into Singapore and prescribing the mode of dealing with such animals, fish, meat products and fish products upon their entry into Singapore; ( v ) setting out requirements and procedures for document control and recording by persons licensed under this Act so as to monitor the supply of meat products and fish products of acceptable quality in Singapore, including — (i) the information that must be collected about the meat product or fish product; (ii) the periods for which the information must be kept; and (iii) how, when and to whom that information must be reported; ( w ) prescribing the procedure for the taking and analysis of samples under this Act; ( x ) prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded; and ( y ) empowering the Director‑General to issue, from time to time, such directives as the Director‑General may consider necessary for the proper control and management of slaughter‑houses, processing establishments and cold stores or for any matter connected with the provisions of this Act. [11/2019] (3) The Minister may, in making any rules, provide that any contravention of, or failure or neglect to comply with, any provision of the rules or any directive issued by the Director‑General pursuant to the rules shall be an offence and may prescribe the fine with which the offence shall be punishable, except that no such fine shall exceed for any one offence, the sum of $10,000 and, in the case of a continuing offence, the sum of $100 for every day or part of a day during which the offence continues after conviction. (4) All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: wopa-1904
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless there is something repugnant in the subject or context — “contributor” means and includes every person from whose salary or pension deductions are made in accordance with this Act; “the Directors” means such persons not less than 3 in number as are appointed by the Minister to carry out the provisions of this Act subject to the control of, and to rules for their guidance made by, the President; “entitled officer” means an entitled officer, as defined in any of the written laws specified in the first column of the Second Schedule, who retires under the provisions of such written law specified in the second column of that Schedule; “of a pensionable age”, as applied to children, means, in the case of a male, that he is under the age of 21 years, and, in the case of a female, that she is under the age of 21 years and has not been married; “officer on the Malayan Establishment” means an officer whom the President has by notification in the Gazette declared to be on the Malayan Establishment; “Pension Fund” means the Pension Fund established by the Pension Fund Act 1995; “public servant” means an officer holding a pensionable office or an officer serving on probation or on agreement in a pensionable office, in the service of the Government, but does not include an officer — ( a ) who is not restricted by law to one wife at a time; ( b ) who, on or after 2 March 1961 — (i) is appointed to a pensionable office; or (ii) is appointed to a pensionable office on probation or on agreement, in the service of the Government; ( c ) who is transferred to the service of the Government under section 9 of the Local Government Integration Act (Cap. 166, 1985 Revised Edition) or section 5 of the Planning Act 1998; or ( d ) in the service of the Government before 2 March 1961 who becomes restricted by law to one wife at a time on or after 1 April 1965, unless, within one month from the date he becomes so restricted, he gives notice in writing to the Directors of his desire to become a contributor, whereupon the provisions of this Act shall apply to him from the date of such notice. [8/1995]


document_id: wopa-1904
provision_ref: s2A
section: 2A
title: Pensions, etc., to be charged on Pension Fund
content:
2A. There shall be charged on and paid out of the Pension Fund all sums of money payable by way of pension in accordance with this Act. [8/1995]


document_id: wopa-1904
provision_ref: s3
section: 3
title: Contributions to be credited to Pension Fund
content:
3. All contributions and other revenues receivable from public officers under this Act shall be carried to the credit of the Pension Fund: Provided that the sums so received shall not be assessable for military contribution. [8/1995]


document_id: wopa-1904
provision_ref: s4
section: 4
title: Abatements from salaries to be made
content:
4. —(1) A monthly abatement shall be made from the salary or pension of every public servant and all such abatements shall be paid into the Pension Fund: Provided that where an officer was or is serving on probation or on agreement in a pensionable office on or after 11 December 1950, he may, not later than 31 December 1958, or 6 months after the commencement of such service, whichever is the later, by giving notice in writing to the Directors of his desire to do so, elect not to become or to cease to be a contributor, as the case may be, and in such case the provisions of this Act shall cease to apply to such officer in respect of the period of his service on probation or on agreement, and there shall be repayable to him the total amount of any contribution which he may have made. [8/1995] (2) Such abatements shall be calculated at the rate of 4% of the monthly salary of the contributor: Provided that, unless and until notice has been given as provided in section 9(1), the abatement to be made in the case of a contributor who has retired on pension or who has suffered reduction of salary shall be calculated upon the salary drawn by such contributor immediately prior to such retirement or reduction, as the case may be. (3) In the case of an officer holding or having held a post, the salary of which is on a sterling basis, the abatement shall be made in dollars at 4% of such sterling salary converted into dollars at the rate from time to time fixed by the Government for the payment of such salaries or pensions. (4) Contributions shall continue to be made on the full salary whenever an officer is on leave of absence with half salary or without salary. (5) An officer who held a non-pensionable office in the service of the Government and was appointed to a pensionable office before 2 March 1961 shall be deemed to have entered such service on the date of such appointment.


document_id: wopa-1904
provision_ref: s5
section: 5
title: Period for which abatement shall be made
content:
5. —(1) Such abatement shall continue to be made until the contributor attains the age of 65 years, if he continues so long to draw salary or pension from the Government, or until such abatement has been made for 35 successive years, counting from the first abatement of his original salary, in either of which events such abatement shall cease. Abatement to be made from salary of permanent post (2) Such abatement shall be calculated on the salary of the permanent appointment of the contributor irrespective of any temporary increment of salary which he derives from an acting appointment, and irrespective of personal and other allowances except pensionable personal allowances which shall be deemed to be part of the contributor’s salary for the purpose of calculating such abatement.


document_id: wopa-1904
provision_ref: s6
section: 6
title: Abatement during period of enemy occupation
content:
6. —(1) Notwithstanding anything in sections 3, 4 and 5, where a public servant was not during the period of enemy occupation and during any period thereafter until his re‑appointment in the service of the Government, drawing the full salary or any part of his salary, abatements calculated on the salary for which that public servant would have been eligible in accordance with his salary scheme were it not for the enemy occupation shall be deemed to have been made during such period or periods under and in accordance with the provisions of this Act: Provided that for the purpose of any repayment to contributors as provided in sections 13, 14 and 15(2)( b ) only the contributions actually made shall be taken into account. (2) In this section, “the period of enemy occupation” means the period commencing on 8 December 1941 and continuing to 31 August 1945.


document_id: wopa-1904
provision_ref: s7
section: 7
title: Contributor retiring under certain laws
content:
7. —(1) Every contributor who is an entitled officer shall, at his option exercisable as hereinafter provided, be entitled either — ( a ) to cease to contribute, in which event his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the interest acquired by such contributor at the date of his ceasing to contribute in accordance with the Rules and Tables set out in the First Schedule; ( b ) to make a single contribution calculated in accordance with the Rules and Tables set out in the First Schedule, in which event his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the contributor having contributed for the remainder of the period of 35 years or until he had attained the age of 65 years or, in the event of the contributor dying before the expiration of that period or attaining that age, until the date of his death; or ( c ) after furnishing such proof as the Directors may require that his wife is in a normal state of health, to cease to contribute and be paid a sum calculated in accordance with the Rules and Tables set out in the First Schedule in which case the rights of the contributor and of his widow and children shall cease. (2) The option shall be exercisable before the expiration of a period of 6 months from the date of the retirement of the contributor or before 31 July 1958, whichever shall be the later. (3) The exercise by a contributor of the option shall be irrevocable. (4) The option shall be exercisable by written notification addressed to the President.


document_id: wopa-1904
provision_ref: s8
section: 8
title: Exercise of option
content:
8. —(1) Every contributor shall, at his option exercisable as is provided in this section, be entitled to — ( a ) cease to contribute and elect that his widow or his widow and children or his children, as the case may be, shall be entitled, on his death, to a pension, computed on the basis of the interest acquired by the contributor at the date of his ceasing to contribute in accordance with the Rules and Tables set out in the First Schedule; ( b ) cease to contribute and elect that he be paid — (i) a sum calculated in accordance with the Rules and Tables set out in the First Schedule if, at the time of his election, he is a contributor with a wife or wife and children or children, as the case may be; (ii) a sum calculated in accordance with section 14( a ) if, at the time of his election, he is a bachelor; or (iii) a sum calculated in accordance with the Rules and Tables set out in the First Schedule and section 14( b ) if, at the time of his election, he is a widower without children: Provided that the rights of every such contributor under this Act shall cease; or ( c ) elect to continue to contribute in accordance with the provisions of this Act. (2) The option shall be exercisable by written notification to the Permanent Secretary to the Ministry of Finance before the expiration of 6 months from 1 April 1965, and when so exercised shall be irrevocable. (3) For the purposes of subsection (1), a contributor shall be deemed to include a person from whose salary or pension deductions had been made in accordance with the provisions of this Act, until he attained the age of 65 years or had made contributions for 35 successive years.


document_id: wopa-1904
provision_ref: s9
section: 9
title: Contributions where official income is reduced
content:
9. —(1) If the official income of a contributor becomes reduced, whether by reduction of salary or by his retirement on pension, he may, upon giving notice in writing to the Directors of his desire to do so, contribute for the remainder of the 35 years or until he attains the age of 65 years, upon the actual amount of his salary or pension, as the case may be, in which case his widow or children shall, subject as hereinafter provided, be entitled to pension accordingly; and where the official income of a contributor becomes reduced by retirement on pension on account of ill health, he may also upon giving notice in writing to the Directors of his desire to do so, cease to contribute. (2) If a contributor who has retired on pension on account of ill health and has given notice as provided in subsection (1) that he desires to contribute on the actual amount of his pension dies within 3 years of the date of his retirement, his widow or children shall be entitled to such pension computed on the basis of the pension rights acquired by such contributor at the date of his retirement in accordance with the Rules and Tables set out in the First Schedule. (3) If a contributor who has retired on pension on account of ill health and has given notice as provided in subsection (1) that he desires to cease to contribute dies within 2 years of the date of his retirement, his widow or children shall be entitled to a pension computed on the basis of the pension rights acquired by such contributor at the date of his retirement in accordance with the Rules and Tables set out in the First Schedule. (4) Any notice given by a contributor under subsection (1) shall be irrevocable, except in the case of an entitled officer who having retired before 30 April 1958 exercises his option under section 7 before 31 July 1958. (5) Where such reduction of official income is due to retirement on a pension and the contributor draws a pension not only from Singapore, but also from Malaysia, he shall, if he elects to contribute on his reduced salary or pension in accordance with subsection (1), contribute on the aggregate amount of the pensions granted to him by Singapore and by Malaysia, and such aggregate amount shall, for the purposes of this section and subject to subsection (7), be deemed to be his reduced official income. (6) Where a contributor only contributes on his reduced official income, any pension to his widow or children shall be diminished in the same proportion as it would have been increased had his rate of contribution been raised instead of being lowered. (7) The pension of a contributor to whom a gratuity and reduced pension have been granted shall, for the purpose of calculating the amount of the abatements to be made under this section, be deemed to be the equivalent of four-thirds of such reduced pension.


document_id: wopa-1904
provision_ref: s10
section: 10
title: Contributor retiring on account of ill health
content:
10. If a contributor who holds a pensionable office retires on account of ill health before he is entitled to a pension and dies within 2 years of the date of his retirement, his widow or children shall be entitled to a pension computed on the basis of the pension rights acquired by such contributor at the date of his retirement in accordance with the Rules and Tables set out in the First Schedule.


document_id: wopa-1904
provision_ref: s11
section: 11
title: Contributor retired on pension
content:
11. If a contributor who has retired on a pension subsequently ceases to have a wife or child who would on his death be entitled to pension, he shall thereupon cease to contribute and his rights under this Act shall cease.


document_id: wopa-1904
provision_ref: s12
section: 12
title: Interest of contributors retiring without pension
content:
12. —(1) A married contributor or a contributor who is a widower with children of a pensionable age who retires from the service of the Government before he is entitled to a pension may continue to contribute, from and after the date of his ceasing to draw salary, on the salary which he was receiving from the Government at such date and at the same rate and subject to the same terms and conditions as if he had continued in the service of the Government: Provided that as soon as such contributor ceases to have a wife or child who would on his death be entitled to pension he shall forthwith cease to contribute and his rights under this Act shall cease. (2) In the event of any such contributor failing to contribute, or in the event of any contribution due from him being in arrear for 6 months, it shall be considered that he has ceased to be a contributor and his widow or children, as the case may be, shall be entitled on his death to a pension computed only on the basis of the pension rights acquired by that contributor at the date of his ceasing to contribute in accordance with the Rules and Tables set out in the First Schedule.


document_id: wopa-1904
provision_ref: s13
section: 13
title: Refund of contribution to bachelor or widower without children of a pensionable age
content:
13. —(1) If a contributor being a bachelor or a widower without children of a pensionable age retires from the service of the Government, he shall cease to contribute and his rights under this Act shall cease, except as provided in subsection (2). (2) If a contributor being a bachelor or a widower without children of a pensionable age dies while in the service of the Government or retires from the service of the Government there shall be payable to him or to his legal representative — ( a ) if such contributor is a bachelor, the total amount of his contributions together with compound interest thereon calculated with annual rests at the rate of 2&#189;%; and ( b ) if such contributor is a widower without children of a pensionable age, the total amount of the contributions which he has paid since the death of his last wife or the ceasing to be of pensionable age of his last child, whichever event shall last have happened together with compound interest thereon calculated with annual rests at the rate of 2&#189;%.


document_id: wopa-1904
provision_ref: s14
section: 14
title: Provisions consequent upon an officer being removed
content:
14. A contributor who is removed from the service of the Government shall cease to contribute under this Act, and — ( a ) where such contributor is a bachelor, the total amount of his contributions under this Act shall be repaid to him, together with compound interest thereon calculated with annual rests at the rate of 2&#189;%, subject to the deduction of any sums due by him to the Government; ( b ) where such contributor is a widower without children of a pensionable age, the total amount of the contributions which he has paid since the death of his last wife or the ceasing to be of a pensionable age of his last child, whichever event shall have last happened, shall be repaid to him, together with compound interest thereon calculated with annual rests at the rate of 2&#189;%, subject to the deduction of any sums due by him to the Government; and ( c ) where such contributor is married or is a widower with children of a pensionable age, his widow or children, as the case may be, shall be entitled to a pension computed on the basis of the pension rights acquired by such contributor at the date of the cessation of his contributions in accordance with the Rules and Tables set out in the First Schedule.


document_id: wopa-1904
provision_ref: s15
section: 15
title:
Contributor transferred to other Government employment in country where the law provides for granting pensions to widows and children

content:
15. —(1) When a contributor is transferred from the service of the Government to other employment under the Government of a British Dominion, Colony, Protected State or Protectorate or a territory in respect of which a mandate, or trusteeship on behalf of the League of Nations or the United Nations is being exercised by Her Majesty, where provision is made by law for the granting of pensions to widows and children of persons employed in its service, he shall cease to contribute under this Act as soon as he becomes a contributor under the provisions of that law, but so that nevertheless — ( a ) his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the pension rights acquired by such contributor at the date of the cessation of his contributions in accordance with the Rules and Tables set out in the First Schedule; ( b ) if he retires or is removed from the service of such Dominion, Colony, Protected State, Protectorate or territory, or dies while in the service thereof, and is at the time of such retirement, removal or death a widower without children of a pensionable age or a bachelor, section 13 or 14, as the case may be, shall be deemed to apply; ( c ) until he ceases to contribute under the provisions of this Act, his contribution shall be on the salary of the last substantive appointment held by him in Singapore at the date of his transfer, at the same rate and subject to the same terms and conditions as if he had continued in the service of the Government. Contributor transferred to country where no such law exists (2) When a contributor is transferred to such Dominion, Colony, Protected State, Protectorate or territory other than North Borneo, where no provision has been made by law for granting such pensions as aforesaid, such contributor shall — ( a ) if married, or a widower having children of a pensionable age, be entitled, on giving notice in writing to the Directors within one month after his transfer from the service of the Government of his desire to do so, to continue to be a contributor on the salary of the last substantive appointment held by him in Singapore at the date of his transfer, at the same rate and subject to the same terms and conditions as if he had continued in the service of the Government; ( b ) if then a widower without children of a pensionable age or a bachelor, be entitled to elect, on giving the notice required to be given under paragraph ( a ), to continue to contribute as is provided in that paragraph or to be paid the total amount without interest of his contributions. (3) In the event of the contributions of any such contributor being in arrear for 6 months it shall be considered that he has ceased to be a contributor, and his widow or his widow and children, as the case may be, shall be entitled on his death to a pension computed only on the basis of the pension rights acquired by such contributor at the date of his ceasing to contribute, in accordance with the Rules and Tables set out in the First Schedule. (4) ( a ) When any such contributor, being a widower without children of a pensionable age or a bachelor, has elected to continue to contribute, then if he retires or is removed from the service of such Dominion, Colony, Protected State, Protectorate or territory, or dies while in the service thereof and is at the time of such retirement, removal or death a widower without children of a pensionable age or a bachelor, section 13 or 14, as the case may be, shall be deemed to apply. ( b ) When any such contributor, being a widower without children of a pensionable age or a bachelor, has elected to be paid the total amount without interest of his contributions, then on such payment being made his rights and liabilities under this Act shall cease. Contributor transferred to North Borneo (5) A contributor who was transferred to the Colony of North Borneo before provision was made by the law of that Colony for granting pensions to widows and children of persons employed in the service of that Colony shall continue to be a contributor under this Act on the salary which for the time being he is entitled to receive in respect of any office held by him in the service of that country at the same rate and subject to the same terms and conditions as if he had continued in the service of the Government. (6) In the event of the contribution of such contributor to the Government being in arrear, such arrears, together with interest thereon at the rate of 6%, shall be recoverable from such contributor as a debt due to the Government or shall be deducted from any salary which is subsequently payable to him from the Government. (7) Where a contributor either elects or is bound under subsections (2) to (6) to continue his contribution after being transferred as aforesaid, he may cease to contribute under this Act as soon as the Government of the Dominion, Colony, Protected State, Protectorate or territory in whose service he is employed has made provision by law for granting pensions to widows and children of persons employed in its service and he has become a contributor under the provisions of that law. (8) In the event of his so electing to cease contributing — ( a ) his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the pension rights acquired by such contributor at the date of his so ceasing to contribute in accordance with the Rules and Tables set out in the First Schedule; ( b ) if he retires or is removed from the service of such Dominion, Colony, Protected State, Protectorate or territory, or dies while in the service thereof, and is at the time of such retirement, removal or death a widower without children of a pensionable age or a bachelor, section 13 or 14, as the case may be, shall be deemed to apply.


document_id: wopa-1904
provision_ref: s16
section: 16
title: Contributor to Oversea Superannuation Scheme
content:
16. —(1) If any contributor, or any officer who would, but for this section, be liable to contribute under this Act, becomes a contributor to the Oversea Superannuation Scheme in respect of dependants’ benefits he shall, on written application made within 3 months after the date on which he first became a contributor under that Scheme, or within such extended period as the Directors may, in any particular case, allow, be exempted by the Directors from contributing under this Act, so long as he continues to contribute to that Scheme. (2) An exemption granted under subsection (1) shall take effect from the date upon which such contributor or officer first became a contributor to that Scheme, and there shall be repayable to him the total amount of any contributions which he may have made under this Act since that date. (3) Section 15(1) shall apply to a contributor who has been exempted under subsection (1) as if he had been transferred to other such employment within the meaning of that subsection. (4) An officer who has contributed to the Oversea Superannuation Scheme for the full period required by the said Scheme and has by such contributions provided a pension for his widow and children, shall be deemed for the purpose of subsection (1) to be still contributing to such Scheme.


document_id: wopa-1904
provision_ref: s17
section: 17
title: Definition of service
content:
17. A public servant who is an officer on the Malayan Establishment shall be deemed for the purpose of this Act to be in the service of the Government except that for the purpose of sections 18 and 19 he shall be deemed to be in the service of Malaysia.


document_id: wopa-1904
provision_ref: s18
section: 18
title: Officers transferred from Malaysia
content:
18. When an officer in the service of Malaysia who is a contributor under the Widows’ and Orphans’ Pension Enactment (F.M.S. Cap. 26) has been transferred to the service of the Government he shall forthwith become a contributor under this Act on the full salary to which he is from time to time entitled in the service of Singapore except that the period during which he has contributed under the Widows’ and Orphans’ Pension Enactment of Malaysia shall be taken into account in reckoning the period of 35 years referred to in section 5.


document_id: wopa-1904
provision_ref: s19
section: 19
title: Arrears of contribution to Malaysia pension scheme
content:
19. When an officer in the service of Malaysia who is a contributor under the Widows’ and Orphans’ Pension Enactment thereof, has been transferred to the service of any Malay State where no provision has been made by law for the granting of pensions to widows and children of persons employed in its service and the contribution of that contributor under the said Widows’ and Orphans’ Pension Enactment is in arrear, such arrear shall be deducted from any salary which is subsequently payable to him from the Government.


document_id: wopa-1904
provision_ref: s20
section: 20
title: Officers contributing to approved schemes
content:
20. —(1) When an officer, who is a contributor to an approved scheme, is transferred to the service of the Government, and continues after the transfer to contribute to that scheme, he shall, on written application, be exempted by the Directors from contributing under the provisions of this Act, so long as he continues to contribute to that scheme. (2) No application for exemption under subsection (1) shall be valid unless it is received by the Directors within 3 months or within such extended period as the Directors may, in any particular case, allow from the date when such officer arrives to assume duty in Singapore. (3) An officer who has contributed to an approved scheme for the full period required by that scheme and has by such contributions provided a pension for his widow or children shall be deemed for the purposes of subsection (1) to be still contributing to the scheme. (4) An officer exempted under subsection (1) shall not subsequently become a contributor under this Act unless either he ceases to contribute to such approved scheme or, having left the service of the Government, he is subsequently reappointed to it. (5) Nothing in this section shall exempt an officer who on re‑appointment to the service of the Government is already a contributor under this Act from continuing his contributions hereunder. (6) Where an officer who is a contributor to an approved scheme is transferred to the service of the Government and ceases after the transfer to contribute to that scheme, any period during which he was a contributor to that scheme shall be taken into account in reckoning the period of 35 years referred to in section 5. (7) In this section, “approved scheme” means a scheme for the granting of pensions to widows and children of officers, which has been declared by the Minister to be an approved scheme for the purposes of this section.


document_id: wopa-1904
provision_ref: s21
section: 21
title: Rules for payment when a contributor on leave of absence or pensioner is paid by the Crown Agents
content:
21. —(1) When a contributor on leave of absence is paid by the Crown Agents, he shall be entitled to receive 96% or 46% of his nominal salary according as he is on full or half pay leave converted in the case of dollar salaries into sterling at the rate of exchange at which the contributor is entitled to receive such salary. (2) When a contributor receives his pension through the Crown Agents the pension — ( a ) if a dollar pension, shall be reduced by the amount of his dollar contributions and the balance thus reduced shall be payable to him converted into sterling at the rate of exchange at which he is entitled to receive such pension; and ( b ) if a sterling pension, shall be payable to him reduced only by 4% of his sterling salary or pension, as the case may be.


document_id: wopa-1904
provision_ref: s22
section: 22
title: Register of contributions to be kept
content:
22. —(1) A register shall be kept by the Directors in which shall be entered the date of the birth of every contributor and, if he is married, the dates of the births of his wife and children, if any, and all other dates and particulars respecting contributors and their families material to be recorded for the purposes of this Act. By those hereafter appointed (2) Every public servant who enters the service of the Government shall, within 6 months after the date of so entering, notify to the Directors the date of his birth and, if he is a married man, the date of his marriage and of the births of his wife and children, if any, all duly proved to the satisfaction of the Directors by affidavit or otherwise. To notify marriage or divorce (3) Every contributor who marries or whose marriage is annulled or dissolved by the decree of a competent court shall within 3 months after the date of the marriage or the decree, as the case may be, notify the same to the Directors in writing and, in the case of his marriage, state the date of the birth of his wife, duly proved as aforesaid. To notify birth of child, marriage of daughter and death of wife or child (4) Every contributor shall notify the Directors in writing the birth of each child born to him within 3 months from the date of the birth, duly proved as aforesaid, and the marriage of any female child, under the age of 21 years, within 3 months from the date of the marriage, and also, within 3 months from the date of the event, the death of his wife or any of his pensionable children. Notice of death of contributor and birth of posthumous child and of marriage or death to be notified (5) After the death of any contributor, notice of the death and of the birth of any posthumous child born to that contributor, duly proved as aforesaid, and of the marriage of any female child of that contributor, under the age of 21 years, and of the death of any child of that contributor, under the age of 21 years, shall be given in writing by the widow of that contributor to the Directors within 3 months after the date of the event.


document_id: wopa-1904
provision_ref: s23
section: 23
title: Penalty for non-compliance with section 22
content:
23. —(1) A contributor or widow who fails or neglects to comply with any of the requirements of section 22 shall for each default pay a fine not exceeding $25 which shall be deducted from his or her salary or pension, as the case may be, by the Accountant-General on the certificate of the Directors. Penalty for false statement (2) A contributor who wilfully makes any false statement respecting any of the particulars required to be furnished by this Act shall forfeit at the discretion of the Directors all or any part of his rights under this Act.


document_id: wopa-1904
provision_ref: s24
section: 24
title: Calculation of pensions
content:
24. —(1) All pensions shall be calculated according to the Rules and Tables set out in the First Schedule. (2) The President may vary any of the Rules and Tables referred to in subsection (1). Pensions, how to be paid in case of sterling salaries (3) In the case of contributions made in the manner provided in section 4 for officers holding or having held posts the salary of which is on a sterling basis, the contributions shall for the purpose of calculating pensions be deemed to be fixed sterling contributions and the pensions shall accordingly be fixed and payable in sterling or, if paid in Singapore, shall be converted into dollars at the rate annually or periodically fixed by the Government for the payment in Singapore of officers’ salaries or pensions.


document_id: wopa-1904
provision_ref: s25
section: 25
title: Who not entitled to pension
content:
25. —(1) The following persons shall not be entitled to any pension under this Act: ( a ) a widow whose marriage was contracted after her husband had completed his 35 years of contributions or attained the age of 65 years or retired or been removed from the service of the Government; ( b ) the issue of such a marriage; ( c ) a widow whose husband dies within 12 calendar months of the marriage without issue of such marriage born in his lifetime or in due time after his death. (2) The President may, if he thinks fit, allow to such last mentioned widow all or any part of the pension to which she would have been entitled but for subsection (1)( c ). (3) References in this Act to “widow” and to “child or children of a pensionable age” shall not include a widow whose marriage was contracted in the circumstances mentioned in subsection (1) and the issue of such marriage.


document_id: wopa-1904
provision_ref: s26
section: 26
title: Pension, when to commence
content:
26. The pension payable to a widow or child or children under this Act shall commence upon the death of the husband or father or mother, as the case may be, shall accrue daily, and shall be payable monthly free from any deduction.


document_id: wopa-1904
provision_ref: s27
section: 27
title: When widow’s pension ceases
content:
27. —(1) A widow’s pension shall cease on her death or remarriage or on her becoming a bankrupt. (2) When a widow’s pension ceases in her lifetime she shall for the purposes of this Act be deemed to have died at the time of such cesser: Provided that if a widow’s pension ceases in her lifetime by reason of her bankruptcy the President may from time to time during the remainder of her life or during such shorter period or periods, either continuous or otherwise, as he thinks fit, direct the payment of all or any part of so much, if any, of the said pension as is not for the time being payable to any child or children of such widow or of any husband of hers under this Act to, or apply the same for the maintenance and personal support or benefit of, such widow in such manner as he thinks proper.


document_id: wopa-1904
provision_ref: s28
section: 28
title: Dissolution of marriage
content:
28. When the marriage of any contributor has been annulled or dissolved by the decree of any competent court the wife, party to such marriage, shall for all purposes of this Act be deemed to have died and the contributor to have become a widower at the date of such decree.


document_id: wopa-1904
provision_ref: s29
section: 29
title: When children’s pensions cease
content:
29. Children’s pensions shall cease, in the case of a male, on his attaining the age of 21 years and, in the case of a female, on her attaining the age of 21 years or marrying under that age.


document_id: wopa-1904
provision_ref: s30
section: 30
title: Pension of widow where no child by previous marriage of contributor
content:
30. If a contributor dies leaving a widow but no child of a pensionable age by a previous marriage, the widow shall be entitled to receive a pension calculated according to the Rules and Tables set out in the First Schedule applicable to her case under this Act.


document_id: wopa-1904
provision_ref: s31
section: 31
title: Pension of child where no widow alive at death of contributor
content:
31. If a contributor dies leaving no widow but a child or children of a pensionable age by one marriage, such child or children shall be entitled to receive the pension which his or their mother would have been entitled to, if she had survived the contributor.


document_id: wopa-1904
provision_ref: s32
section: 32
title: Pensions of children by 2 or more marriages where no widow alive at death of contributor
content:
32. If a contributor dies leaving no widow but children of a pensionable age by 2 or more marriages, the child or children of each marriage shall be entitled to receive one‑half, one‑third or one‑quarter, as the case may be, of the pension which his or their mother would have been entitled to, if she had survived the contributor and there had been no child by any other marriage.


document_id: wopa-1904
provision_ref: s33
section: 33
title: Where contributor dies leaving a widow and a child or children by a previous marriage
content:
33. If a contributor dies leaving a widow and also a child or children of a pensionable age by one previous marriage — ( a ) the widow shall be entitled to receive one-half of the pension which she would have been entitled to receive, if there had been no such child or children; and ( b ) such child or children shall be entitled to receive one‑half of the pension which his or their mother would have been entitled to, if she had survived the contributor.


document_id: wopa-1904
provision_ref: s34
section: 34
title: Where contributor dies leaving a widow and children by 2 or more marriages
content:
34. If a contributor dies leaving a widow and children of pensionable age by 2 or more marriages — ( a ) the widow shall be entitled to receive one‑third or one‑quarter, as the case may be, of the pension which she would have received, if there had been no child by a previous marriage; and ( b ) the child or children of each previous marriage shall be entitled to receive one‑third or one‑quarter, as the case may be, of the pension which his or their mother would have been entitled to, if she had survived the contributor and there had been no child by any other marriage.


document_id: wopa-1904
provision_ref: s35
section: 35
title: Pension of child or children where widow ceases to be entitled
content:
35. When a widow of a contributor ceases to be entitled to a pension, the child or children of a contributor shall be entitled to receive the pension which he or they would have been entitled to receive, if such widow had predeceased the contributor.


document_id: wopa-1904
provision_ref: s36
section: 36
title: Pension of surviving children where child dies or ceases to be of pensionable age
content:
36. If any child dies or ceases to be of pensionable age, the surviving children of the same marriage shall be entitled to receive the pension to which they would have been entitled, if such child had predeceased the contributor.


document_id: wopa-1904
provision_ref: s37
section: 37
title: Where all the children cease to be of pensionable age
content:
37. When all the children of any marriage cease to be of pensionable age, the person or persons entitled under the preceding sections shall be entitled to receive the pension which he or they would have been entitled to receive, if there had been no child of such marriage of pensionable age living at the death of the contributor.


document_id: wopa-1904
provision_ref: s38
section: 38
title: Children to take in equal shares
content:
38. Where children of any marriage are entitled to any pension they shall take the same in equal shares.


document_id: wopa-1904
provision_ref: s39
section: 39
title: Adopted children
content:
39. —(1) A child adopted by a contributor while he is married to any wife shall, for the purpose of this Act, be deemed to be the child of the contributor by that marriage if — ( a ) the contributor adopted the child before he retired from the public service; ( b ) the contributor was under the age of 55 years at the date of adoption; and ( c ) the adoption is registered under the Adoption of Children Act 1939 or is valid according to the law of the place of domicile of the contributor at the date of the adoption or is valid under any written law corresponding to that Act, of the place where the contributor was resident at the date of the adoption. (2) The child of a contributor who has been adopted by any other person in circumstances in which if the adoption had been made by a contributor it would have been valid in accordance with subsection (1)( c ) shall not be entitled to receive a pension under this Act unless the contributor so elects by notice in writing given to the Directors within 12 months of the date of the adoption or within 12 months of 1 September 1958, whichever is the later, or within such extended period as the Directors may in any particular case allow. (3) Nothing in this section shall entitle an adopted child — ( a ) to receive a pension or any share of a pension where the receipt by him of such pension or such share would diminish the pension or share which the widow or any child or children by marriage of any contributor may be entitled to receive on 31 May 1958; or ( b ) to receive a pension or any share of a pension in respect of more than one contributor.


document_id: wopa-1904
provision_ref: s40
section: 40
title: What proof to be produced before payment of pensions
content:
40. —(1) Widows and children claiming to be entitled to pension under this Act and residing outside Singapore shall from time to time produce such proof as the Directors require of their being alive and entitled to pension. (2) The payment of any pension may be refused until such proof is furnished to the satisfaction of the Directors.


document_id: wopa-1904
provision_ref: s41
section: 41
title: Discretion as to payment of minors’ pensions
content:
41. —(1) In all cases where under this Act the parties entitled to pensions are minors, such pensions may, on order of the Directors, be paid either to the legal guardian or guardians of such minors, or to such minors, or to such person or persons as the Directors in their discretion think fit and proper persons to apply the same for the benefit of such minors. (2) After payment the Directors and the Government shall be free from all responsibility in respect of such payment. (3) In the case of any pension which is paid through the Crown Agents the power given by subsection (1) to the Directors may be exercised through the Crown Agents.


document_id: wopa-1904
provision_ref: s42
section: 42
title: Pension not to be assigned or levied upon
content:
42. No pension payable under this Act nor the rights of any contributor acquired thereunder shall be assignable or transferable or liable to be attached, sequestrated or levied upon, for or in respect of any debt or claim whatsoever.


document_id: wopa-1904
provision_ref: s43
section: 43
title: Questions and disputes to be decided by the President
content:
43. All questions and disputes as to who is entitled to be deemed a contributor or as to the right of a widow or child to a pension or as to the amount of such pension or as to the rights or liabilities of any person under this Act shall be referred by the Directors to the President, whose decision shall be binding and conclusive on all parties and shall be final to all intents and purposes and shall not be subject to appeal or be questioned or revised by any court of justice.


document_id: wopa-1904
provision_ref: s44
section: 44
title: Saving as regards contributions made before 1955
content:
44. The repeal by the Widows’ and Orphans’ Pension (Amendment) Ordinance 1952 of the sections then numbered 7(1), 8, 9, 10, 11 and 12 and the substitution for them of section 9(1), (2), (3) and (4) and sections 10, 11, 12, 13 and 14 do not have effect with respect to the payment or repayment of any contributions made before 1 January 1955; and notwithstanding the repeal of the sections then numbered 8, 9, 11(3) and 12 and the amendment by that Ordinance of the section then numbered 13(2), the provisions of those sections and subsections respectively continue to have effect in relation to the payment or repayment of any such contributions as if that Ordinance had not been enacted.


document_id: wsaa-2003
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agency” means the Workforce Singapore Agency established by section 3; “Chairperson” means the member of the Agency who is appointed under section 7A as the Chairperson of the Agency and includes any temporary Chairperson of the Agency; “chief executive” means the chief executive of the Agency, and includes any individual acting in that capacity; “Deputy Chairperson” means the member of the Agency who is appointed under section 7A as the Deputy Chairperson of the Agency and includes any temporary Deputy Chairperson of the Agency; “member” means any member of the Agency and includes any temporary member of the Agency; “permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “transferred agency” means any transferred agency specified in the second column of the Schedule; “transferring body” means any transferring body specified in the first column of the Schedule. [20/2016; 5/2018]


document_id: wsaa-2003
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment and incorporation of Workforce Singapore Agency
content:
3. —(1) A body called the Workforce Singapore Agency is established, which is a body corporate with perpetual succession and is, by that name, capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and ( c ) doing and suffering all such other acts or things as a body corporate may lawfully do and suffer. [20/2016] (2) The Agency may perform any of its functions or carry out any of its duties under the business name of Workforce Singapore, or another business name that the Minister from time to time allows. [20/2016] (3) The Agency must cause notice of every business name approved under subsection (2) to be published in the Gazette ; but failure to do so does not invalidate the approval or use of that name. [20/2016]


document_id: wsaa-2003
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Common seal
content:
4. —(1) The Agency must have a common seal and that seal may be broken, changed, altered or made anew as the Agency thinks fit. (2) All deeds and other documents requiring the seal of the Agency must be sealed with the common seal of the Agency. (3) All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Agency for the purpose or by one member and the chief executive. (4) The Agency may, by resolution or otherwise in writing, appoint any officer of the Agency or any other agent either generally or in any particular case to execute or sign on behalf of the Agency any agreement or other instrument not under seal in relation to any matter coming within the powers of the Agency. (5) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Agency affixed to any document and presume that it was duly affixed.


document_id: wsaa-2003
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Constitution of Agency
content:
5. —(1) The Agency consists of at least 9 and not more than 15 members. [20/2016] (2) Each member is to be appointed by the Minister by instrument in writing. [20/2016] (3) The Minister may appoint the chief executive to be a member.


document_id: wsaa-2003
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 7
title: Term of office of members
content:
7. —(1) A member holds office on such conditions and for such term, not exceeding 3 years, as the Minister may specify in his or her appointment, and may be re-appointed. (2) Any member may at any time, by written notice to the Minister, resign from his or her office. (3) The Minister may at any time revoke the appointment of any member without assigning any reason. (4) If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the residue of the term for which the vacating member was appointed. (5) The Agency must pay to the Chairperson, the Deputy Chairperson and other members such salaries, fees and allowances as the Minister may determine.


document_id: wsaa-2003
provision_ref: s7A
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 7A
title: Chairperson and Deputy Chairperson
content:
7A. —(1) The Minister may, by instrument in writing, appoint — ( a ) a member to be the Chairperson of the Agency for the period specified in the instrument; and ( b ) a member (other than the Chairperson of the Agency) to be the Deputy Chairperson of the Agency for the period specified in the instrument. [20/2016] (2) The Chairperson or Deputy Chairperson holds office until whichever of the following first happens: ( a ) his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires; ( b ) he or she ceases to hold office as a member of the Agency; ( c ) the Minister terminates the appointment as Chairperson or Deputy Chairperson, as the case may be. [20/2016] (3) The Deputy Chairperson of the Agency has and may exercise all of the functions and powers of the Chairperson in relation to a matter if — ( a ) the Chairperson is unavailable; or ( b ) the Chairperson is interested in the matter within the meaning of section 23 of the Public Sector (Governance) Act 2018. [20/2016; 5/2018]


document_id: wsaa-2003
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 8
title: Temporary Chairperson, etc.
content:
8. The Minister may appoint any person to be a temporary Chairperson, temporary Deputy Chairperson or temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson, the Deputy Chairperson or any member, as the case may be.


document_id: wsaa-2003
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 9
title: Meetings and proceedings of Agency
content:
9. —(1) The quorum at every meeting of the Agency is one‑third of the total number of members. [25/2009] (2) The Chairperson or, in his or her absence, the Deputy Chairperson presides at all meetings of the Agency and, in the absence of the Chairperson and Deputy Chairperson, the members present must elect one of their number to preside. (3) Meetings of the Agency must be held at such times and places as the Chairperson may determine. (4) All questions arising at any meeting must be decided by a majority of votes of the members present and voting. (5) At any meeting of the Agency, the Chairperson or, in his or her absence, the Deputy Chairperson or member elected under subsection (2) to preside, has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote. [20/2016] (6) The validity of any proceedings of the Agency is not affected by any vacancy among its members or by any defect in the appointment of any member. (7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Agency may regulate its own proceedings. [5/2018] 10. [ Repealed by Act 5 of 2018 ]


document_id: wsaa-2003
provision_ref: s11
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AGENCY
section: 11
title: Functions and duties of Agency
content:
11. —(1) Subject to the provisions of this Act, the functions and duties of the Agency are — ( a ) to promote and facilitate employment and re‑employment in Singapore through services and facilities that help citizens of Singapore and permanent residents of Singapore find and keep jobs; [Act 31 of 2023 wef 01/12/2025] ( b ) to collaborate with and support employers, relevant representatives of commerce or industry and public sector agencies in Singapore — (i) to identify and promote the enhancement of industry‑specific skills; (ii) to enhance individuals’ employability; and (iii) to increase workforce productivity and improve the international competitiveness of commerce and industry; ( c ) to promote and facilitate productive employment and employee career development, including through review and reallocation of job duties and tasks among employees (commonly called job redesign); ( d ) to promote and facilitate the adoption of best practices in the management of human capital in Singapore; ( e ) to advise and make recommendations to the Government on policies, measures and laws connected with the Agency’s functions under this Act or any other written law; ( f ) to cooperate and collaborate with the SkillsFuture Singapore Agency in the discharge of its functions under the SkillsFuture Singapore Agency Act 2016; ( g ) to encourage, promote and facilitate the development of the human resources industry in Singapore; ( h ) to promote or undertake research in Singapore into matters relating to the Singapore workforce; ( i ) to provide financial support by way of grants, loans or otherwise so as to give effect to the functions and objects of the Agency; ( j ) to undertake, direct and support the analysis and dissemination of labour market information and trends to the public; ( k ) to represent the Government internationally in respect of matters relating to workforce development and public employment services; and ( l ) to carry out such other functions as are imposed upon the Agency by or under this Act or any other written law. [20/2016] (2) The Agency may undertake such other functions as the Minister may assign to the Agency and in so undertaking — ( a ) the Agency is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Agency in respect of those other functions. (3) Nothing in this section imposes on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Agency would not otherwise be subject.


document_id: wsaa-2003
provision_ref: s12
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AGENCY
section: 12
title: Powers of Agency
content:
12. The Agency has power to do anything for the purpose of discharging its functions and duties under this Act or any other written law, or which is incidental or conducive to the discharge of those functions and duties and, in particular, may — ( a ) provide, or secure the provision of, employment and related services for assisting job seekers — (i) to decide what jobs, having regard to their capabilities, are or will be suitable for and available to them; (ii) to decide what training or education is or will be required by, or available to, them in order to fit them for those jobs, and to obtain that training or education; (iii) to enhance their employability; and (iv) to otherwise find and keep a job with suitable employers; ( b ) provide, or secure the provision of, assistance to employers to source and recruit employees who meet their business needs; ( c ) develop and provide, or secure the provision of, and promote programmes for the purpose of cultivating progressive and productive workplaces, including enhancing job quality and job redesign; ( d ) publish or provide any information, or publish or sponsor the publication of works; ( e ) apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights, and enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise; ( f ) collect, compile, analyse, publish or disseminate by any convenient means information of a statistical nature or otherwise concerning matters relating to the Agency’s functions; ( g ) specify, by notification in the Gazette , all the accreditation and certification marks of the Agency for use in relation to any function of the Agency, and control the use of such marks; ( h ) organise courses, seminars, workshops and conferences in furtherance of its functions and award certificates of proficiency to persons who attend those courses, seminars, workshops and conferences; ( i ) initiate and undertake or enter into contractual consultancy, research and development projects pursuant to its functions under this Act and conduct or commission research pursuant to its functions under this Act; ( j ) promote or undertake publicity in any form; ( k ) with the approval of the Minister, form or participate in the formation of any company, association or trust; ( l ) become a member of a company, association, trust or partnership; ( m ) provide technical, consultancy or advisory services to any Government agency or to any other person or body in Singapore or elsewhere on any matter related to or connected with the functions, objects or duties of the Agency; ( n ) become a member or affiliate of any international body, the functions, objects or duties of which are similar to those of the Agency; ( o ) enter into such contracts, agreements or arrangements as may be necessary or expedient for the purpose of discharging its functions or duties; ( p ) receive grants, donations or contributions from any source, or raise funds by all lawful means and apply those funds for any of its functions or duties; ( q ) charge fees or commissions for services rendered by the Agency including advisory, training, consultancy, certification and accreditation services or for the use of any facility of the Agency and recover any costs and expenses incurred; ( r ) grant loans to any officer or employee of the Agency for any purposes specifically approved by the Agency as are likely to increase the efficiency of that officer or employee; ( s ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Agency and members of their families; ( t ) provide for gratuities, pensions, allowances or other benefits for officers or employees, or former officers or employees, of the Agency; ( u ) provide financial support, grant, aid or assistance to any person or organisation for all or any of the purposes of this Act or any other written law; ( v ) provide training, whether by itself or with the cooperation of other persons or bodies as the Agency thinks fit, for officers or employees of the Agency and award scholarships or otherwise pay for that training; and ( w ) do anything incidental or necessary to any of its functions, duties or powers under this Act or any other written law. [20/2016]


document_id: wsaa-2003
provision_ref: s14
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AGENCY
section: 14
title: Committees
content:
14. —(1) The Agency may appoint, alter or discharge committees, consisting of one or more persons (whether members or not), and define or vary the terms of reference of those committees. (2) Subject to this Act and the Public Sector (Governance) Act 2018 and to the control of the Agency, each committee appointed under this section may regulate its procedure in any manner that the committee thinks fit. [5/2018]


document_id: wsaa-2003
provision_ref: s15
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AGENCY
section: 15
title: Delegation of powers
content:
15. —(1) The Agency may in respect of a specified matter or class of matters, by writing, delegate to any member, officer or committee of the Agency or any of its agents (including the Government) any of its powers under this Act or under any other written law. [5/2018] (2) Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.


document_id: wsaa-2003
provision_ref: s17
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 17
title: Protection from personal liability
content:
17. —(1) No suit or other legal proceedings shall lie personally against any member, officer or employee of the Agency or any other person acting under the direction of the Agency for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law. (2) Where the Agency provides a service to the public whereby information is supplied to the public, neither the Agency nor any of its members, officers or employees involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of those members, officers or employees. 18. [ Repealed by Act 5 of 2018 ]


document_id: wsaa-2003
provision_ref: s21
chapter: PART 5 - FINANCIAL PROVISIONS
section: 21
title: All moneys recovered to be paid to Agency
content:
21. All moneys recovered or charges collected (except composition sums under section 48) under this Act must be paid into and form part of the moneys of the Agency. [20/2016]


document_id: wsaa-2003
provision_ref: s22
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22
title: Grants
content:
22. For the purpose of enabling the Agency to carry out its functions under this Act, the Minister may make grants to the Agency of such sums of money as the Minister may determine, out of moneys to be provided by Parliament.


document_id: wsaa-2003
provision_ref: s23
chapter: PART 5 - FINANCIAL PROVISIONS
section: 23
title: Power to borrow
content:
23. For the discharge of its functions or duties under this Act or any other written law, the Agency may raise loans from the Government or, with the approval of the Minister, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by — ( a ) mortgage, overdraft or otherwise; ( b ) charge, whether legal or equitable, on any property vested in the Agency or on any other revenue receivable by the Agency under this Act or any other written law; or ( c ) the creation and issue of debentures or bonds or any other instrument as the Minister may approve. [20/2016]


document_id: wsaa-2003
provision_ref: s24
chapter: PART 5 - FINANCIAL PROVISIONS
section: 24
title: Issue of shares, etc.
content:
24. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Agency under this Act; or ( b ) any capital injection or other investment by the Government in the Agency in accordance with any written law, the Agency must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: wsaa-2003
provision_ref: s25
chapter: PART 5 - FINANCIAL PROVISIONS
section: 25
title: Bank accounts
content:
25. —(1) The Agency must open and maintain one or more accounts with such bank or banks as the Agency thinks fit. (2) Every such account must be operated by such person authorised to do so by the Agency.


document_id: wsaa-2003
provision_ref: s27
chapter: PART 5 - FINANCIAL PROVISIONS
section: 27
title: Power of investment
content:
27. The Agency may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. 28. [ Repealed by Act 5 of 2018 ] 29. [ Repealed by Act 5 of 2018 ] 30. [ Repealed by Act 5 of 2018 ] 31. [ Repealed by Act 5 of 2018 ]


document_id: wsaa-2003
provision_ref: s32
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 32
title: Transfer to Agency of property, assets and liabilities
content:
32. —(1) As from 1 September 2003 — ( a ) such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by the transferred agencies specified in the second column of item 1 in the Schedule; ( b ) such movable and immovable property vested in the Standards, Productivity and Innovation Board established under section 3 of the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition) and used or managed by the transferred agencies specified in the second column of item 2 in the Schedule; and ( c ) all assets, interests, rights, privileges, liabilities and obligations of the transferring bodies relating to the transferred agencies, are transferred to and vest in the Agency without further assurance, act or deed. (2) If any question arises as to whether any particular property, or whether any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Agency under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the Agency under subsection (1) must be held by the Agency upon such tenure and subject to such terms and conditions as the President may determine. (4) All proceedings in respect of the transferred properties by or against a transferring body which are pending on 1 September 2003 may be continued, completed and enforced by or against the Agency. (5) Every agreement relating to any of the transferred properties to which a transferring body was a party immediately before 1 September 2003, whether or not of such nature that the rights and liabilities under that agreement could be assigned, has effect as from that date as if — ( a ) the Agency had been a party to such an agreement; and ( b ) for any reference to the transferring body there was substituted in respect of anything to be done on or after 1 September 2003 a reference to the Agency.


document_id: wsaa-2003
provision_ref: s33
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 33
title: Transfer of employees
content:
33. —(1) As from 1 September 2003, such persons or categories of persons who, immediately before that date, were employed by the transferring bodies and posted to the transferred agencies must be transferred to the service of the Agency on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) If any question arises as to whether any person or category of persons has been transferred to the service of the Agency under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred. (3) Until such time as terms and conditions of service are drawn up by the Agency, the scheme and terms and conditions of service in the transferring body from which the person was transferred under subsection (1) continue to apply to every person so transferred as if he or she were still in the employment of the transferring body.


document_id: wsaa-2003
provision_ref: s34
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 34
title: Pension rights, etc., of Government employees to be preserved
content:
34. —(1) The terms and conditions to be drawn up by the Agency must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Agency under section 33 while in the employment of the transferring body. (2) Any term or condition relating to the length of service with the Agency must recognise the length of service of the persons so transferred while in the employment of the transferring body to be service with the Agency. (3) The terms and conditions of service to be drawn up by the Agency must not adversely affect the conditions that would have been applicable to persons transferred to the service of the Agency as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) Where a person has been transferred to the service of the Agency under section 33, the Government is liable to pay to the Agency such portion of any pension, gratuity or allowance payable to the person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Agency. (5) Where any person in the service of the Agency, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Agency or is discharged from such service, the Agency may grant to him or her or to such other person wholly or partly dependent on him or her, as the Agency thinks fit, such allowance or gratuity as the Agency may determine.


document_id: wsaa-2003
provision_ref: s35
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 35
title: No benefits in respect of abolition or reorganisation of office
content:
35. Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Agency under section 33 while in the employment of the Government is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Agency.


document_id: wsaa-2003
provision_ref: s36
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 36
title: Existing contracts
content:
36. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 September 2003 to which any transferring body is a party and relating to any transferred agency or to any person transferred to the service of the Agency under section 33 continue in force on and after that date and are enforceable by or against the Agency as if the Agency had been named therein or had been a party thereto instead of the transferring body.


document_id: wsaa-2003
provision_ref: s37
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 37
title: Continuation and completion of disciplinary proceedings and other legal proceedings
content:
37. —(1) Where, on 1 September 2003, any disciplinary proceedings were pending against any employee of the transferring body transferred to the service of the Agency, the proceedings are to be carried on and completed by the Agency. (2) Where, on 1 September 2003, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made on the matter, the committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under this section is to be treated as an order, a ruling or a direction of the Agency and has the same force or effect as if it had been made by the Agency pursuant to the authority vested in the Agency under this Act. (4) All proceedings or causes of action pending or existing immediately before 1 September 2003 by or against a transferring body in respect of its transferred agency may be continued, completed and enforced by or against the Agency.


document_id: wsaa-2003
provision_ref: s38
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 38
title: Misconduct or neglect of duty by employee before transfer
content:
38. The Agency may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while he or she was in the employment of the transferring body, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the transferring body, and if this Act had not been enacted.


document_id: wsaa-2003
provision_ref: s40
chapter: PART 7 - MISCELLANEOUS
section: 40
title: Symbol or representation of Agency
content:
40. —(1) The Agency has the exclusive right to the use of such symbol or representation as the Agency may select or devise and thereafter display or exhibit that symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Agency, or which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: wsaa-2003
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: Powers to verify information collected or for grants, etc.
content:
41. —(1) The powers under this section may be exercised only for the purpose of inquiring into or ascertaining — ( a ) the truth or correctness of any statement made, or of any information given, by a person who applies or has applied for an incentive, a grant or a loan from the Agency; or ( b ) whether any incentive, grant or loan from the Agency has been properly applied by the person to whom the incentive, grant or loan is given. [20/2016] (2) The Agency, or an officer, employee or agent of the Agency duly authorised by the Agency for the purposes of this section, may, at any reasonable time, do any of the following, without involving any search of any property or person: ( a ) enter any premises; ( b ) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; ( c ) require any person in the premises to furnish or grant access to, without charge, any document or information reasonably required for any purpose in subsection (1); ( d ) inspect and make copies of or take extracts from any such document; ( e ) take possession of such a document if, in the opinion of the Agency or the Agency’s officer, employee or agent — (i) the inspection or copying of or extraction from the document cannot reasonably be performed without taking possession; (ii) the document may be interfered with or destroyed unless possession is taken; or (iii) the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act. [20/2016] (3) The power to require a person to furnish any document or information under subsection (2)( c ) includes the power — ( a ) to require the 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 the person to state, to the best of the person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Agency in legible form. [20/2016]


