# legal_provisions

document_id: aca-2022
provision_ref: s52
chapter: PART 6 - REGULATION OF ADOPTION PRACTICES
section: 52
title: Order to remove publication or broadcast in contravention of section 51
content:
52. —(1) A court may, on the application of any person, order a person to do any or more of the following: ( a ) remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 51(2) or (4); ( b ) remove the programme in which the information or picture that is broadcast in contravention of section 51(2) or (4) is broadcast; ( c ) delete the information or picture that is published or broadcast in contravention of section 51(2) or (4); ( d ) take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of section 51(2) or (4) is no longer available on or through the Internet. (2) The court may make an order under subsection (1) even if — ( a ) the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or ( b ) when the application has been served on the respondent — the respondent does not appear at the hearing of the application, if the court is satisfied, on a balance of probabilities, that the order is necessary for the welfare of the child concerned. (3) To avoid doubt, the court may make an order under subsection (1) — ( a ) regardless of whether the respondent or any other person has been convicted of an offence under section 51(4) or (5) in relation to the information or picture mentioned in subsection (1); and ( b ) regardless of whether the information or picture mentioned in subsection (1) is published or broadcast before, on or after the date of commencement of this section.


document_id: aca-2022
provision_ref: s53
chapter: PART 6 - REGULATION OF ADOPTION PRACTICES
section: 53
title: Restricted payments to be sanctioned by court
content:
53. —(1) This section applies to any payment or other reward in consideration of the adoption of a child or for any adoption‑related service, that before, on or after the date of commencement of this section was or is — ( a ) made or given directly or indirectly through one or more intermediaries, or agreed to be made or given directly or indirectly through one or more intermediaries, by the joint applicants (or either of them) or sole applicant of an adoption application to any person; or ( b ) received directly or indirectly through one or more intermediaries, or agreed to be received directly or indirectly through one or more intermediaries, by the joint applicants (or either of them) or sole applicant of an adoption application from any person, regardless of whether the adoption application has been made by the joint applicants or sole applicant (as the case may be) at the time that the payment or reward was made, given or received or agreed to be made, given or received. (2) Every payment or other reward to which subsection (1) applies, and every agreement for such payment or other reward, is void and unenforceable unless — ( a ) the payment, reward or agreement is sanctioned by the court; or ( b ) the adoption application in question is withdrawn or struck out. (3) An application for the sanction of the court mentioned in subsection (2)( a ) must be made by the joint applicants or sole applicant (as the case may be) at the time that the adoption application is made.


document_id: aca-2022
provision_ref: s54
chapter: PART 6 - REGULATION OF ADOPTION PRACTICES
section: 54
title: Publication of amounts to be paid to or through adoption agencies, etc.
content:
54. —(1) Every adoption agency must make publicly available a list of the following information on payments or other rewards to be made or given by any person to or through the adoption agency: ( a ) the amount of every payment in consideration of the adoption of a child or for an adoption‑related service; ( b ) the nature of every reward (other than a payment) to be given in consideration of the adoption of a child or for an adoption‑related service; ( c ) a reasonable estimate of the monetary value of every reward (if quantifiable) mentioned in paragraph ( b ). (2) An adoption agency must list the information required under subsection (1) in the prescribed format and in the prescribed itemised components. (3) An adoption agency must not require a person to make or give any payment or other reward in consideration of an adoption or for any adoption‑related service (whether to the adoption agency or another person) that is not listed at the relevant time by the adoption agency as required under subsection (1). (4) Any adoption agency which, without reasonable excuse, contravenes subsection (1) or (3) 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 12 months or to both; or ( b ) in the case of a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (5) An adoption agency commits an offence under subsection (4) regardless of whether the court has sanctioned the payment or other reward under section 53. (6) In this section, “relevant time”, in relation to a payment or other reward, means the time at which the contract (whether express or implied) under which the payment or reward is to be made or given is entered into.


document_id: aca-2022
provision_ref: s55
chapter: PART 6 - REGULATION OF ADOPTION PRACTICES
section: 55
title: Prohibition against payments and rewards for non-permitted purposes
content:
55. —(1) A person must not (directly or indirectly through one or more intermediaries) make, give, receive or agree to make, give or receive any payment or other reward in consideration of an adoption in Singapore of a child or for any adoption‑related service in connection with the adoption or proposed adoption of a child, unless the payment or other reward is permitted under subsection (2) or approved by the Guardian‑in‑Adoption in any particular case. (2) The following payments and rewards are permitted for the purposes of this section: ( a ) any payment to an authorised adoption agency for any one or more of the following adoption‑related services: (i) the conduct of a pre‑adoption briefing described in section 12; (ii) the conduct of a disclosure of adoptive status briefing described in section 13; (iii) the conduct of any assessment by the authorised adoption agency for the purposes of preparing an ASA; ( b ) any payment to defray — (i) any cost related to the necessary care of a biological mother and her child provided in connection with, and before or after, the delivery of the child; (ii) any medical expenses incurred for the delivery of the child; (iii) the cost of satisfying the subsistence needs of the child, including any medical expenses incurred for medical services rendered to the child; (iv) the cost of any caregiver engaged to care for the child; (v) the cost of any medical assessment of any of the following persons: (A) any person who desires to adopt a child; (B) any biological parent of the child; (C) the child; (vi) any traveling expenses or cost of accommodation incurred for the transfer of the physical custody of the child to a person who desires to adopt a child; or (vii) any administration, legal or application fees incurred (whether in or outside Singapore) in the course of obtaining immigration facilities, registering or re‑registering the child’s birth or obtaining an adoption order (whether in or outside Singapore) in respect of the child; ( c ) any other payment or other reward that may be prescribed by the regulations. (3) A person who contravenes subsection (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 3 years or to both; or ( b ) in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both.


document_id: aca-2022
provision_ref: s56
chapter: PART 6 - REGULATION OF ADOPTION PRACTICES
section: 56
title: Use of fraud, duress, undue influence or other improper means to obtain consent to adoption, etc.
content:
56. —(1) A person must not, whether or not an adoption application in respect of a child has been made, do any thing fraudulently to induce, or use any duress, undue influence or other improper means with the knowledge that it will induce or is likely to induce, any of the following: ( a ) the agreement of a relevant person of a child to offer or refrain from offering the child for adoption in Singapore; ( b ) the transfer of the physical custody of a child, or the custody or care and control of a child, with a view to the child’s adoption in Singapore; ( c ) the consent of a relevant person of a child required under section 26 or the revocation of the consent. (2) A person who contravenes subsection (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 3 years or to both; or ( b ) in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both. (3) Where any consent of a relevant person of a child is obtained in contravention of subsection (1)( c ) (whether or not any person has been convicted of an offence under subsection (2) in relation to the consent), the court may make a declaration that the consent is void. (4) Nothing in subsection (3) affects the validity of any adoption order or interim order that has been made before the court makes a declaration mentioned in that subsection.


document_id: aca-2022
provision_ref: s57
chapter: PART 6 - REGULATION OF ADOPTION PRACTICES
section: 57
title: Restriction on placement of child, etc.
content:
57. —(1) Unless the requirements in subsection (3) are met, a potential adopter must not — ( a ) reside with a child for whom an adoptive parent is being sought; or ( b ) spend any amount of time with a child for whom an adoptive parent is being sought for the purpose of considering whether to adopt the child. (2) An adoption agency, a relevant person of a child for whom an adoptive parent is being sought, any employee or contractor of an adoption agency, or any person assisting a relevant person to care for the child, must not transfer the physical custody of the child to a potential adopter who does not meet the requirements in subsection (3), for the purpose of enabling the potential adopter to — ( a ) reside with the child; or ( b ) spend any amount of time with the child for the purpose of considering whether to adopt the child. (3) For the purposes of subsections (1) and (2), the requirements are as follows: ( a ) in a case where the child is a citizen or permanent resident of Singapore — the potential adopter holds a valid and favourable ASA described in section 14; ( b ) in any other case — (i) the potential adopter holds a valid and favourable ASA described in section 14; and (ii) either — (A) the child is authorised or permitted to remain in Singapore by virtue of a dependant’s pass issued by the Controller of Immigration for the purposes of adoption upon an application by the potential adopter; or (B) an in‑principle approval of an application by the potential adopter for the pass mentioned in sub‑paragraph (A) has been granted by the Controller of Immigration in respect of the child. (4) Subsections (1) and (2) do not apply — ( a ) where the potential adopter or the spouse of the potential adopter and the child are within the prohibited degrees of consanguinity; ( b ) where the child is a stepson or stepdaughter of the potential adopter; ( c ) where the potential adopter is a care‑giver to whom the child is committed under a voluntary care agreement under the Children and Young Persons Act 1993 or any order under section 54(1)( b ) or 56(2)( a ), or section 56(2)( a ) as applied by section 57, of that Act; ( d ) in any other circumstances as may be prescribed by the regulations; or ( e ) in any particular case permitted by the Guardian‑in‑Adoption. (5) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both. (6) Where a potential adopter is residing with a child for whom an adoptive parent is being sought, the requirements in subsection (3) are not met and the exceptions in subsection (4) do not apply, the court may, upon the application of the Guardian‑in‑Adoption, order the potential adopter to deliver the child to the physical custody of a suitable person recommended by the Guardian‑in‑Adoption within the time specified by the court. (7) To avoid doubt, the court may make an order in relation to a child under subsection (6) regardless of whether any person has been convicted of any offence under subsection (5) in relation to the child. (8) For the purposes of enforcing an order under subsection (6), the court may direct the bailiff to seize the child from the physical custody of any person or from any place and deliver the child to the physical custody of the suitable person mentioned in that subsection. (9) Where an order under subsection (6) is made, the court may also make any additional order as the court deems fit to facilitate the change in the physical custody of the child. (10) Any person who, without reasonable excuse, fails to comply with an order under subsection (6) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both. (11) In this section and section 58 — “care-giver”, in relation to a child for whom an adoptive parent is being sought, has the meaning in relation to a child or young person given by section 2(1) of the Children and Young Persons Act 1993; “potential adopter” means any individual who desires to adopt a child and has — ( a ) attended a pre‑adoption briefing described in section 12; ( b ) made an application to an authorised adoption agency for an ASA; ( c ) communicated to an adoption agency that the individual desires to adopt a child; ( d ) communicated to a relevant person of a child that the individual desires to adopt the child; ( e ) made an application for a dependant’s pass to be issued by the Controller of Immigration for the purposes of adoption; or ( f ) made an adoption application.


document_id: aca-2022
provision_ref: s58
chapter: PART 6 - REGULATION OF ADOPTION PRACTICES
section: 58
title: Non-application of section 57 to transitional cases
content:
58. Without affecting section 57(4), nothing in section 57 applies where — ( a ) the potential adopter is residing with the child in question before the date of commencement of this section; ( b ) the potential adopter starts spending any amount of time with the child in question for the purpose of considering whether to adopt the child, before the date of commencement of this section; ( c ) the potential adopter has made an adoption application under the repealed Act in respect of the child in question; or ( d ) the potential adopter holds (whether jointly with his or her spouse or solely) a valid and favourable HSR; and (i) the child in question is a citizen or permanent resident of Singapore; (ii) the child in question is authorised or permitted to remain in Singapore by virtue of a dependant’s pass issued by the Controller of Immigration for the purposes of adoption upon an application by the potential adopter; or (iii) an in‑principle approval of an application by the potential adopter for the pass mentioned in sub‑paragraph (ii) has been granted by the Controller of Immigration in respect of the child in question.


document_id: aca-2022
provision_ref: s59
chapter: PART 6 - REGULATION OF ADOPTION PRACTICES
section: 59
title:
Offence of providing false information, etc., in connection with ASA or Guardian-in-Adoption’s affidavit

content:
59. —(1) If — ( a ) a person provides a document or makes a statement (whether orally, in writing or any other way) or gives information to — (i) the Guardian-in-Adoption — (A) in connection with the discharge of the functions or duties, or the exercise of the powers, of the Guardian‑in‑Adoption under section 15, 17, 19, 27 or 29; (B) pursuant to a duty imposed on that person under section 22(2) or 30 to notify the Guardian‑in‑Adoption of a material change in circumstances; or (C) pursuant to an order of the court under section 34(1); or (ii) an authorised adoption agency — (A) in connection with the discharge of the functions or duties, or the exercise of the powers, of the authorised adoption agency under section 14, 15, 19 or 29; or (B) pursuant to a duty imposed on that person under section 22(1) or (2) to notify the authorised adoption agency of a material change in circumstances; and ( b ) the document, statement or information is false or misleading, or the document, statement or information omits a matter or thing without which the document, statement or information (as the case may be) is false or misleading, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the document, statement or information did not omit any matter or thing without which the document, statement or information (as the case may be) is false or misleading in a material particular. (3) In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that the person has taken all reasonable steps to ensure the authenticity or accuracy of the document, statement or information.


document_id: aca-2022
provision_ref: s60
chapter: PART 6 - REGULATION OF ADOPTION PRACTICES
section: 60
title: Duty to report offences to Guardian-in-Adoption
content:
60. —(1) Any of the following persons who knows or has reason to suspect that an offence under this Part (except this section) or section 43, 48 or 65 has been committed in connection with the adoption or proposed adoption of a child, must report to the Guardian‑in‑Adoption or an authorised officer as soon as practicable the facts and circumstances on which the person’s knowledge or suspicion is based: ( a ) an adoption agency or any employee or contractor of an adoption agency; ( b ) a relevant person of the child; ( c ) an advocate or solicitor who is acting for any person in relation to an adoption application in respect of the child; ( d ) any employee of the advocate or solicitor mentioned in paragraph ( c ) or of a law corporation, law firm or limited liability law partnership who is assisting the advocate or solicitor in the matter mentioned in that paragraph. (2) A person who has engaged the services of an adoption agency for the proposed adoption of any child and who knows or has reason to suspect that an offence under this Part (except this section) or section 43, 48 or 65 has been committed — ( a ) by the adoption agency or any employee or contractor of the adoption agency; or ( b ) in connection with the child that the person desires to adopt, must report to the Guardian-in-Adoption or an authorised officer as soon as practicable the facts and circumstances on which the person’s knowledge or suspicion is based. (3) Any person who fails to comply with subsection (1) or (2) 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 12 months or to both; or ( b ) in the case of a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (4) In proceedings against an individual for an offence under subsection (3), it is not a defence for the individual to rely on — ( a ) the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or ( b ) any rule of law relating to legal professional privilege or any other privilege, or the public interest. (5) However, any information in a report made by an individual under subsection (1) or (2) is not admissible in evidence against the individual in any criminal proceeding other than a proceeding for an offence under section 59(1) or 65(1) or section 177 of the Penal Code 1871, if the information might in fact tend to incriminate the individual. (6) In this section, “advocate and solicitor”, “law corporation”, “law firm” and “limited liability law partnership” have the meanings given by section 2(1) of the Legal Profession Act 1966.


document_id: aca-2022
provision_ref: s61
chapter: PART 7 - ENFORCEMENT
section: 61
title: Powers of entry, etc., for enforcement purpose
content:
61. —(1) The Guardian-in-Adoption or an authorised officer may exercise all or any of the powers in this section for the purpose of investigating any offence under this Act. (2) The Guardian-in-Adoption or an authorised officer may — ( a ) at any time of the day or night without notice, enter, inspect and search any premises if the Guardian‑in‑Adoption or authorised officer reasonably believes that evidence of the commission of an offence under this Act can be found in those premises; ( b ) photograph or film, or make a record or sketches of, any part of the premises mentioned in paragraph ( a ), or any person or thing at the premises; ( c ) inspect and make copies of, or take extracts from, any document or thing which is in the possession or under the control of any person for the purpose mentioned in subsection (1) even though the prior consent of the person has not been obtained; ( d ) seize any document or thing found in the premises mentioned in paragraph ( a ) which the Guardian‑in‑Adoption or authorised officer reasonably believes to be the subject matter of or to be connected with the commission of an offence under this Act; ( e ) serve a written notice on any person whom the Guardian‑in‑Adoption or authorised officer reasonably believes to be in possession of any document or thing relevant to the investigation of an offence under this Act, requiring that person — (i) to produce without charge that document or thing at the time and place stated in the notice; or (ii) to give the Guardian-in-Adoption or authorised officer, without charge, access to that document or thing; ( f ) serve a written notice on any person within the limits of Singapore and who appears to be acquainted with any of the facts or circumstances of the matter under investigation, requiring that person to attend before the Guardian‑in‑Adoption or authorised officer at the time and place stated in the notice; ( g ) require any person whom the Guardian‑in‑Adoption or authorised officer reasonably believes to be acquainted with any of the facts or circumstances of the matter under investigation, to answer any question to the best of the person’s knowledge, information and belief, immediately or at the place and time specified in a written notice served on that person; and ( h ) take any step which appears to be necessary to preserve or prevent interference with any document or thing which the Guardian‑in‑Adoption or authorised officer considers to be the subject matter of or to be connected with the commission of an offence under this Act. (3) For the purposes of subsection (2)( c ), ( d ), ( e ) and ( h ), if any document or information required by the Guardian‑in‑Adoption or authorised officer is kept in electronic form — ( a ) the power of the Guardian-in-Adoption or authorised officer to inspect the document or obtain information includes the power to — (i) access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and (ii) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining access to the computer or other equipment; and ( b ) the power of the Guardian‑in‑Adoption or authorised officer to seize the document includes the power to — (i) make copies of the document in legible or electronic form; and (ii) transfer the information from the document or material to a disc, tape or other storage device. (4) If the Guardian-in-Adoption or authorised officer under subsection (3)( b ) is unable to make copies of the document or transfer the document, he or she may — ( a ) seize the computer or other equipment (including a mobile telephone) in which the document or information is stored as evidence in proceedings for an offence under this Act; and ( b ) require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access, or to do any other thing to enable the Guardian‑in‑Adoption or authorised officer to gain access, to the document or information held in the computer or equipment. (5) If free entry or access to the premises cannot be obtained under subsection (2)( a ), the Guardian‑in‑Adoption or authorised officer may, with any assistance that he or she considers necessary, break open any window, lock or fastener, or use any other reasonable means to gain entry or access into the premises. (6) If any person fails to comply with a written notice served on the person under subsection (2)( e ) or ( f ), the Guardian‑in‑Adoption or authorised officer may report the failure to a Magistrate who may in the Magistrate’s discretion then issue a warrant ordering the person to comply with the written notice. (7) Any person examined under subsection (2)( g ) is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (8) A statement made by a person examined under subsection (2)( g ) 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.


document_id: aca-2022
provision_ref: s62
chapter: PART 7 - ENFORCEMENT
section: 62
title: Equipment
content:
62. The Guardian-in-Adoption or an authorised officer may carry or have in his or her possession or under his or her control any truncheon, handcuffs or other similar means of restraint for the purposes of executing his or her duties, or exercising his or her powers, under this Part.


document_id: aca-2022
provision_ref: s63
chapter: PART 7 - ENFORCEMENT
section: 63
title: Disposal of documents or thing
content:
63. —(1) Any document or thing taken into possession or seized under this Part must — ( a ) where the document or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; or ( b ) in any other case, be returned to the owner or reported to a Magistrate. (2) Where the report of any document or thing is made to a Magistrate under subsection (1)( b ), the Magistrate may order the document or thing — ( a ) to be forfeited; or ( b ) to be disposed of in any manner that the Magistrate thinks fit. (3) Nothing in this section is to be taken to affect any right to retain or dispose of any property which may exist in law apart from this section.


document_id: aca-2022
provision_ref: s64
chapter: PART 7 - ENFORCEMENT
section: 64
title: Offence of obstruction
content:
64. A person who refuses to give access to, or obstructs, hinders or delays the Guardian-in-Adoption or an authorised officer in the discharge of his or her duties, or the exercise of his or her powers, under this Part 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 12 months or to both; or ( b ) in the case of a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: aca-2022
provision_ref: s65
chapter: PART 7 - ENFORCEMENT
section: 65
title: Offence of providing false information, etc., in connection with this Part
content:
65. —(1) If — ( a ) a person provides a document or makes a statement (whether orally, in writing or any other way) or gives information to the Guardian-in-Adoption or an authorised officer in connection with the discharge of the duties, or the exercise of the powers, of the Guardian‑in‑Adoption or authorised officer under this Part; and ( b ) the document, statement or information is false or misleading, or the document, statement or information omits a matter or thing without which the document, statement or information is false or misleading, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the document, statement or information did not omit any matter or thing without which the document, statement or information is false or misleading in a material particular. (3) In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that the person has taken all reasonable steps to ensure the authenticity or accuracy of the document, statement or information.


document_id: aca-2022
provision_ref: s66
chapter: PART 7 - ENFORCEMENT
section: 66
title: Notice to attend court
content:
66. —(1) Where it appears to the Guardian‑in‑Adoption or any authorised officer that any person has committed an offence under this Act, the Guardian‑in‑Adoption or authorised officer may serve on the person a written notice, in such form as may be prescribed by the regulations, requiring the person to attend the court described, at the time and on the date specified in the notice. (2) The Guardian-in-Adoption or authorised officer must, if so required by a court, produce a copy of the notice mentioned in subsection (1) to the court. (3) On an accused person appearing before a court pursuant to a notice, the court is to take cognizance of the offence alleged and must proceed as though the accused person were produced before the court under section 153 of the Criminal Procedure Code 2010. (4) If a person on whom a notice has been served fails to appear before a court in accordance with the notice, the court must then issue a warrant for arrest of that person. (5) Upon a person arrested pursuant to a warrant issued under subsection (4) being produced before a court, the court is to proceed as though the person were produced under section 153 of the Criminal Procedure Code 2010. [Act 31 of 2022 wef 15/10/2024]


document_id: aca-2022
provision_ref: s67
chapter: PART 8 - GENERAL PROVISIONS
section: 67
title: Offences by corporations, unincorporated associations or partnerships
content:
67. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation, an unincorporated association or a partnership in relation to a particular conduct, the following is evidence that the corporation, unincorporated association or partnership (as the case may be) had that state of mind: ( a ) in the case of a corporation, evidence that — (i) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and (ii) the officer, employee or agent had that state of mind; ( b ) in the case of an unincorporated association or a partnership, evidence that — (i) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and (ii) the employee or agent had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) 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 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 that same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (4) A person mentioned in subsection (2) or (3) may rely on a defence that would be available to the corporation, unincorporated association or partnership (as the case may be) if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation, unincorporated association or partnership (as the case may be) would bear. (5) To avoid doubt, subsection (2) or (3) does not affect the liability of a corporation, an unincorporated association or a partnership (as the case may be) for an offence under this Act, and applies whether or not the corporation, unincorporated association or partnership (as the case may be) is convicted of the offence. (6) 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. (7) Regulations under section 75 may provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any corporation, unincorporated association or partnership formed or recognised under the law of a territory outside Singapore. (8) In this section — “corporation” includes a limited liability partnership; “officer” — ( a ) in relation to a corporation — means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — (i) any person purporting to act in any such capacity; and (ii) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; and ( b ) in relation to an unincorporated association (other than a partnership) — means the president, the secretary, or any member of the committee of the unincorporated association, and includes — (i) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and (ii) 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: aca-2022
provision_ref: s68
chapter: PART 8 - GENERAL PROVISIONS
section: 68
title: Composition of offences
content:
68. —(1) The Guardian-in-Adoption or an authorised officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money under subsection (1), no further proceedings are to be taken against that person in respect of the offence.


document_id: aca-2022
provision_ref: s69
chapter: PART 8 - GENERAL PROVISIONS
section: 69
title: Contempt of court orders under this Act
content:
69. —(1) Subject to subsection (2), sections 43(5) and 57(10) do not affect the powers of the court in relation to the punishment for a contempt of court. (2) Where a person is convicted of an offence under section 43(5) or 57(10) in respect of any non‑compliance with an order, that non‑compliance is not punishable as a contempt of court. (3) A person cannot be convicted of an offence under section 43(5) or 57(10) in respect of any non‑compliance with an order which has been punished as a contempt of court. (4) The Guardian-in-Adoption or an authorised officer may apply for a committal order for contempt of court (where applicable) in respect of the non‑compliance with an order of a court under this Act.


document_id: aca-2022
provision_ref: s70
chapter: PART 8 - GENERAL PROVISIONS
section: 70
title: Service of documents
content:
70. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document may be served on an individual — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act; or ( f ) by sending it by email to the individual’s email address. (3) A document may be served on a partnership (other than a limited liability partnership) — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s email address. (4) A document may be served on a body corporate (including a limited liability partnership) or an unincorporated association — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address. (5) Service of a document on a person under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of the transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) A document may be served on a person under this Act by email only with that person’s prior written consent. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; and ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “email address” means the last email address given by the addressee concerned as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: aca-2022
provision_ref: s71
chapter: PART 8 - GENERAL PROVISIONS
section: 71
title: Disclosure of information to and by Guardian-in-Adoption or authorised adoption agency, etc.
content:
71. —(1) Subsections (2) to (5) are subject to any express restriction imposed by or under any other written law. (2) The Guardian-in-Adoption may disclose to an authorised adoption agency any information received by the Guardian‑in‑Adoption under or for the purposes of this Act, where the disclosure is for the purpose of enabling or assisting the authorised adoption agency to perform a function or discharge a duty of the authorised adoption agency under this Act. (3) An authorised adoption agency may disclose to the Guardian‑in‑Adoption any information received by the authorised adoption agency under or for the purposes of this Act, where the disclosure is for the purpose of enabling or assisting the Guardian‑in‑Adoption to perform a function or discharge a duty of the Guardian‑in‑Adoption under this Act. (4) A body or person specified in subsection (6) may disclose to the Guardian‑in‑Adoption or an authorised adoption agency any information, where the disclosure is for — ( a ) the purpose of enabling or assisting the Guardian‑in‑Adoption or authorised adoption agency (as the case may be) to perform a function or discharge a duty of the Guardian‑in‑Adoption or authorised adoption agency (as the case may be) under this Act; or ( b ) any purpose connected with the performance of a function or the discharge of a duty of the other body or person under any written law. (5) The Guardian-in-Adoption or an authorised adoption agency may disclose to a body or person specified in subsection (6) any information received by the Guardian-in-Adoption or authorised adoption agency (as the case may be) under or for the purposes of this Act, where the disclosure is for — ( a ) the purpose of enabling or assisting the body or person to perform a function or discharge a duty of that body or person (as the case may be) under or for the purposes of any written law; or ( b ) any purpose connected with the performance of any of the functions or the discharge of any of the duties of the Guardian‑in‑Adoption or authorised adoption agency (as the case may be) under this Act. (6) The bodies and persons for the purposes of subsections (4) and (5) are as follows: ( a ) any Government department; ( b ) any statutory body; ( c ) any authorised officer; ( d ) any police officer; ( e ) any other body or person that may be prescribed by the regulations. (7) Nothing in this section is to be construed as affecting any power of disclosure apart from this section.


document_id: aca-2022
provision_ref: s72
chapter: PART 8 - GENERAL PROVISIONS
section: 72
title: Protection of persons giving information to authorities
content:
72. —(1) Any person who knows or has reason to suspect that an offence under this Act has been committed may make a notification to the Guardian‑in‑Adoption or an authorised officer of the facts and circumstances on which the person’s knowledge or suspicion is based. (2) Any person who makes a notification under subsection (1) or a report under section 60(1) or (2) — ( a ) cannot, by virtue of doing so, be held in any proceedings before any court or tribunal or in any other respect to have breached any restriction on disclosure imposed by any rule of law, contract or rule of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and ( b ) insofar as the person had acted in good faith, incurs no civil or criminal liability for making the notification or report or providing any information contained in the notification or report. (3) Any person appearing as a witness in any proceedings in any court or tribunal before a person authorised by law to hear evidence cannot be compelled — ( a ) to disclose the identity of any person who has made a notification under subsection (1) or a report under section 60(1) or (2), or any information likely to lead to the disclosure of the identity of the person; or ( b ) to produce any report or document (or any part of a report or document) which identifies, or is likely to identify, any person who has made a notification under subsection (1) or a report under section 60(1) or (2).


document_id: aca-2022
provision_ref: s73
chapter: PART 8 - GENERAL PROVISIONS
section: 73
title: Protection from personal liability
content:
73. —(1) Subsection (2) applies where an act is done or an omission is made — ( a ) by the Guardian-in-Adoption, any authorised adoption agency, any authorised officer, or any person acting under the direction of the Guardian-in-Adoption or an authorised adoption agency — (i) in the exercise or purported exercise of any function of the Guardian-in-Adoption or any authorised adoption agency or authorised officer under this Act; or (ii) in compliance or purported compliance with — (A) any direction of the Guardian-in-Adoption or any authorised adoption agency under this Act; or (B) an order made by a court under this Act; ( b ) by the Director‑General or any protector in the course of preparing or providing a report requested under section 27(3); ( c ) by any person in the course of conducting mediation, counselling, psychotherapy or other assessment, programme or treatment or other activity under section 35 or 45; or ( d ) by any person (being a person appointed by a court or pursuant to an order of a court) in compliance or purported compliance with an order made by a court under section 43 or 57. (2) No liability shall lie personally against the person who did the act or made the omission if the act was done or the omission was made in good faith and with reasonable care. (3) No liability shall lie personally against — ( a ) any relative or member of a household mentioned in section 19(2)( b ), for providing any information or document to the Guardian-in-Adoption or an authorised adoption agency under that provision; ( b ) any person mentioned in section 19(2)( c ), for providing any information or document to the Guardian‑in‑Adoption or an authorised adoption agency under that provision; ( c ) any relative or member of a household mentioned in section 29(1)( b ), for providing any information to the Guardian‑in‑Adoption or an authorised adoption agency under that provision; or ( d ) any person mentioned in section 29(1)( d ), for providing any information to the Guardian‑in‑Adoption or an authorised adoption agency under that provision, in breach of any rule of law relating to the confidentiality of such information. (4) In this section, a reference to the exercise of a function includes a reference to the exercise of a power or the performance of a duty.


document_id: aca-2022
provision_ref: s74
chapter: PART 8 - GENERAL PROVISIONS
section: 74
title: Family Justice Rules
content:
74. —(1) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules — ( a ) to regulate and prescribe the procedure and practice to be followed in respect of any application to a court under this Act; and ( b ) to provide for any matter relating to such procedure or practice. (2) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. (3) All Family Justice Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: aca-2022
provision_ref: s75
chapter: PART 8 - GENERAL PROVISIONS
section: 75
title: Power to make regulations
content:
75. —(1) The Minister may make regulations — ( a ) to prescribe anything that is required or permitted to be prescribed by this Act; or ( b ) generally for the purposes of this Act. (2) Without limiting subsection (1), regulations may — ( a ) prescribe the forms for the purposes of this Act; ( b ) prescribe the fees payable in respect of any application or matter under this Act; ( c ) provide for the manner in which prescribed fees are to be paid; ( d ) provide for the waiver, refund or remission (whether in whole or in part) of any prescribed fee; ( e ) provide for the manner of submission of documents to the Guardian‑in‑Adoption; ( f ) provide for the manner of making any notification under the Act; ( g ) prescribe that any act or omission in contravention of any provision of regulations made under this Act shall be an offence punishable with a fine not exceeding $4,000 for the offence; and ( h ) prescribe offences that may be compounded. (3) The powers conferred by this section do not extend to any matter for which Family Justice Rules may be made under section 74.


document_id: aca-2022
provision_ref: s76
chapter: PART 8 - GENERAL PROVISIONS
section: 76
title: Repeal of Adoption of Children Act 1939
content:
76. —(1) The Adoption of Children Act 1939 is repealed. (2) To avoid doubt, the repeal of the Adoption of Children Act 1939 does not affect any order made or anything done under that Act.


document_id: aca-2022
provision_ref: s77
chapter: PART 9 - RELATED AND CONSEQUENTIAL AMENDMENTS AND
section: 77
title: Consequential amendment to Child Development Co‑Savings Act 2001
content:
77. Section 2(1) of the Child Development Co‑Savings Act 2001 is amended by deleting the words “Adoption of Children Act 1939” in the definition of “dependant’s pass” and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”.


document_id: aca-2022
provision_ref: s78
chapter: PART 9 - RELATED AND CONSEQUENTIAL AMENDMENTS AND
section: 78
title: Related amendment to Children and Young Persons Act 1993
content:
78. Section 112 of the Children and Young Persons Act 1993 is amended by inserting, immediately after subsection (1), the following subsection: “ (1A) Subsection (1) does not apply in relation to any proceedings in court arising from an adoption application under the Adoption of Children Act 2022, including any appeal against any decision made by the court on the adoption application. ”.


document_id: aca-2022
provision_ref: s79
chapter: PART 9 - RELATED AND CONSEQUENTIAL AMENDMENTS AND
section: 79
title: Consequential amendment to Civil Law Act 1909
content:
79. Section 20(10) of the Civil Law Act 1909 is amended by deleting the words “Adoption of Children Act 1939” and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”.


document_id: aca-2022
provision_ref: s80
chapter: PART 9 - RELATED AND CONSEQUENTIAL AMENDMENTS AND
section: 80
title: Consequential amendment to Family Justice Act 2014
content:
80. Section 2(1) of the Family Justice Act 2014 is amended by deleting the words “Adoption of Children Act 1939” in paragraph ( b ) of the definition of “family proceedings” and substituting the words “Adoption of Children Act 2022”.


document_id: aca-2022
provision_ref: s81
chapter: PART 9 - RELATED AND CONSEQUENTIAL AMENDMENTS AND
section: 81
title: Related and consequential amendment to Mental Capacity Act 2008
content:
81. Section 26 of the Mental Capacity Act 2008 is amended by deleting paragraph ( d ) and substituting the following paragraph: “ ( d ) consenting or revoking consent to the making of an adoption order under the Adoption of Children Act 2022 or any corresponding previous written law; ”.


document_id: aca-2022
provision_ref: s82
chapter: PART 9 - RELATED AND CONSEQUENTIAL AMENDMENTS AND
section: 82
title: Consequential amendments to Registration of Births and Deaths Act 2021
content:
82. Section 14(1) of the Registration of Births and Deaths Act 2021 is amended — ( a ) by deleting the words “Adoption of Children Act 1939” and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”; and ( b ) by deleting the words “section 12(1) of that Act” and substituting the words “section 44(1) of the Adoption of Children Act 2022”.


document_id: aca-2022
provision_ref: s83
chapter: PART 9 - RELATED AND CONSEQUENTIAL AMENDMENTS AND
section: 83
title: Related and consequential amendments to Women’s Charter 1961
content:
83. The Women’s Charter 1961 is amended — ( a ) by deleting the words “and has been or will be solemnised or made” in section 141(2) and substituting the words “, or has been or will be solemnised or made,”; and ( b ) by deleting the words “Adoption of Children Act 1939, or any enactment thereby repealed” in the definition of “parent” in section 145(4) and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”.


document_id: aca-2022
provision_ref: s84
chapter: PART 9 - RELATED AND CONSEQUENTIAL AMENDMENTS AND
section: 84
title: Consequential amendment to Work Injury Compensation Act 2019
content:
84. Section 2 of the Work Injury Compensation Act 2019 is amended by deleting the definition of “adopted child” and substituting the following definition: “ “adopted child”, in relation to a claimant, means any child — ( a ) who is adopted by the claimant under the Adoption of Children Act 2022 or any corresponding previous written law; or ( b ) whose adoption by the claimant is recognised by the law or consular authority of the place of nationality of the claimant or the child, and “adoptive parent” has a corresponding meaning; ”.


document_id: aca-2022
provision_ref: s85
chapter: PART 9 - RELATED AND CONSEQUENTIAL AMENDMENTS AND
section: 85
title: Saving and transitional provisions
content:
85. —(1) Despite section 76 — ( a ) the repealed Act (except section 12) continues to apply in relation to an adoption application, interim order or adoption order, made under the repealed Act before the date of commencement of section 76; and ( b ) any right of appeal accruing before, on or after the date of commencement of section 76 against any order or decision of the court under the repealed Act continues, as if that Act had not been repealed. (2) Despite section 80, the Family Justice Act 2014 applies to an adoption application, interim order or adoption order to which the repealed Act continues to apply under subsection (1), as if section 80 had not been enacted. (3) Despite sections 74 and 76, every provision of the Family Justice Rules made under section 46 of the Family Justice Act 2014 for the purposes of section 10(1) of the repealed Act and in force immediately before the date of commencement of sections 74 and 76 continues in force, so far as the provision is not inconsistent with the provisions of this Act and until that provision is revoked. (4) Every valid and favourable HSR issued before the date of commencement of section 76 continues to be valid for the period specified in the HSR or any further period granted by a duly authorised officer of the Ministry of Social and Family Development. (5) Part 2 of this Act does not apply to an adoption application made that is supported by a valid and favourable HSR. (6) Every reference to a “child” in this Act includes a reference to an “infant” in the repealed Act so far as the repealed Act continues to have effect under subsection (1) in any particular case. (7) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. (8) Nothing in this section affects section 16 of the Interpretation Act 1965.


document_id: acraa-2004
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Authority” means the Accounting and Corporate Regulatory Authority established under section 3; “Chairperson” means the Chairperson of the Authority appointed under section 5(1)( a ) and includes any temporary Chairperson of the Authority; “chartered accountant” means a person registered or deemed to be registered as a Chartered Accountant of Singapore under Part 6B; [Act 36 of 2022 wef 01/04/2023] “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity; “debenture” includes debenture stock; “Deputy Chairperson” means any person who is appointed under section 5(3)( a ) to be the Deputy Chairperson of the Authority; “member” means a member of the Authority; “public accountant” means a person who is registered or deemed to be registered in accordance with the Accountants Act 2004 as a public accountant; [Act 36 of 2022 wef 01/04/2023] “Public Accountants Board” means the Public Accountants Board established under section 3 of the Accountants Act (Cap. 2, 2001 Revised Edition) repealed by the Accountants Act 2004; “Registry of Companies and Businesses” means the Government department known as the Registry of Companies and Businesses; “securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company; “shares” includes stocks. [5/2018; 44/2018] (2) A reference in this Act to a written law specified in the Second Schedule includes a part of a written law specified in that Schedule. [44/2018] (3) To avoid doubt, a reference to “company” in the definition of “securities” in subsection (1), and in section 7(2)( b ), includes a VCC as defined in the Variable Capital Companies Act 2018. [44/2018]


document_id: acraa-2004
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment and incorporation of Accounting and Corporate Regulatory Authority
content:
3. A body called the Accounting and Corporate Regulatory Authority is established, which is a body corporate with perpetual succession and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.


document_id: acraa-2004
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Common seal
content:
4. —(1) The Authority must have a common seal and such seal may be broken, changed, altered or made anew as the Authority thinks fit. (2) All deeds and other documents requiring the seal of the Authority must be sealed with the common seal of the Authority. (3) All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Authority for the purpose or by one member and the Chief Executive. (4) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Authority affixed to any document and presume that it was duly affixed.


document_id: acraa-2004
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Constitution of Authority
content:
5. —(1) The Authority consists of the following members, all of whom must be appointed by the Minister: ( a ) a Chairperson; ( b ) not less than 10 but not more than 15 other members. (2) The members appointed under subsection (1)( b ) are to include — ( a ) one public accountant to be selected by the Minister from a list of at least 2 public accountants nominated by each designated professional accountancy body; and ( b ) one non-practising accountant to be selected by the Minister from a list of at least 2 non‑practising accountants nominated by each designated professional accountancy body. [18/2014] (3) The Minister may appoint — ( a ) a member of the Authority to be its Deputy Chairperson; and ( b ) the Chief Executive to be a member. (4) The First Schedule has effect with respect to the Authority, its members and proceedings. (5) In subsection (2), “designated professional accountancy body” means a body specified in the Fourth Schedule. [18/2014]


document_id: acraa-2004
provision_ref: s6
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 6
title: Functions of Authority
content:
6. —(1) Subject to the provisions of this Act, the functions of the Authority are — ( a ) to administer the written laws specified in the Second Schedule; ( b ) to report and make recommendations to, and advise the Government on, matters relating to — (i) the registration and regulation of business entities and public accountants; and (ii) the growth and development of the accountancy sector and its related fields in Singapore; [Act 36 of 2022 wef 01/04/2023] ( c ) to establish and administer a repository of information and documents relating to business entities and accounting entities and to provide access to such information and documents in accordance with this Act, the scheduled laws and the disclosure framework; [Act 21 of 2024 wef 09/12/2024] ( ca ) to oversee the strategic direction for, and promote, facilitate and assist in, the growth and development of the accountancy sector and its related fields in Singapore; [Act 36 of 2022 wef 01/04/2023] ( cb ) to develop, provide for or administer, or facilitate or collaborate on the development, provision or administration of, programmes, qualifications, certifications, specialisations and continuing professional developments relating to the accountancy sector and its related fields in Singapore; [Act 36 of 2022 wef 01/04/2023] ( cc ) to promote, develop, improve or maintain, or facilitate or collaborate on the promotion, development, improvement or maintenance of, competencies, expertise and professional standards in the accountancy sector and its related fields in Singapore; [Act 36 of 2022 wef 01/04/2023] ( d ) to represent the Government internationally in respect of matters relating to the registration and regulation of business entities and public accountants; ( e ) to promote public awareness about new business structures, compliance requirements, corporate governance practices and any other matters under the purview of the Authority; ( ea ) to promote, facilitate or collaborate on research and development activities for the advancement of the accountancy sector and its related fields in Singapore; [Act 36 of 2022 wef 01/04/2023] ( eb ) to develop or manage cooperation and exchange with other persons and organisations, including foreign and international organisations, in respect of matters relating to the accountancy sector and its related fields in Singapore; [Act 36 of 2022 wef 01/04/2023] ( f ) to provide a responsive and forward-looking regulatory environment for business entities and public accountants conducive to enterprise in Singapore; and ( g ) to carry out any other functions conferred on the Authority by this Act or any other written law. (2) The Authority may undertake any other functions that the Minister may, by notification in the Gazette , assign to the Authority and in so doing, the Authority is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Authority in respect of such functions. (3) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject. (4) In subsection (1) — “accounting entity” has the meaning given by section 35A; “disclosure framework” and “scheduled law” have the meanings given by section 26. [Act 21 of 2024 wef 09/12/2024] [5/2013]


document_id: acraa-2004
provision_ref: s7
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 7
title: Powers of Authority
content:
7. —(1) The Authority has power to do anything for the purpose of discharging its functions under this Act or any other written law, or which is incidental or conducive to the discharge of those functions. (2) Without limiting subsection (1) but subject to this Act, the powers of the Authority include the power — ( a ) to enter into any contracts, agreements or arrangements that may be necessary or expedient for the purpose of discharging its functions; [Act 36 of 2022 wef 01/04/2023] ( b ) with the approval of the Minister, to form or participate in the formation of any company, association, trust or partnership or in any joint venture as a shareholder or partner or in any other capacity, with any firm, body corporate, society or institution for purposes that are necessary or expedient for the purpose of discharging its functions; [Act 36 of 2022 wef 01/04/2023] ( c ) to become a member or an affiliate of any international body, the functions or objects of which are similar to or connected with those of the Authority; ( d ) to use all property of the Authority, whether movable or immovable, in any manner that the Authority thinks expedient, including the raising of loans by mortgaging such property; ( e ) to establish and administer any systems or schemes that the Authority considers necessary or expedient for the discharge of its functions; ( f ) to prescribe, regulate or implement measures and standards on any matter relating to or connected with its functions; ( g ) to engage in any activity, either alone or in conjunction with any other organisation or agency, whether local or international, that is connected with or that is conducive to the discharge of its functions; ( h ) to levy such charges or fees as may be reasonable for services and facilities provided by the Authority; ( i ) to receive donations, gifts, grants, subsidies and contributions from any source and raise funds by all lawful means; ( j ) to publish or sponsor the publication of periodicals, booklets and other written materials, or to produce or sponsor the production of documentary films and other audiovisual materials on any matter relating to or connected with its functions; ( k ) to organise courses and award certificates of proficiency, and provide bursaries, scholarships and training grants in the fields related to the functions of the Authority; ( l ) to provide advisory, consultancy and informational services on any matter related to its functions; ( m ) to promote or undertake publicity in any form; ( n ) to grant or guarantee loans to officers or employees of the Authority for any purpose specifically approved by the Authority; ( o ) to provide recreational facilities and to promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Authority and members of their families; ( p ) to make provision for gratuities, pensions, allowances or other benefits for officers or employees, or former officers or employees, of the Authority; and ( q ) to do any other acts that are incidental or necessary to any of its functions and powers. (2A) Without limiting subsections (1) and (2) but subject to this Act, the powers of the Authority include the power to — ( a ) provide for, develop, administer, promote, coordinate, collaborate with any person (within or outside Singapore) on, or facilitate, the training, development, education, examination, assessment and certification of persons practising, or desiring to practise, in the accountancy sector and its related fields in Singapore; ( b ) provide for, administer, collaborate with any person (within or outside Singapore) on or facilitate the accreditation of any body, programme or qualification in connection with any programme, qualification, certification, specialisation or continuing professional development relating to the accountancy sector and its related fields in Singapore; and ( c ) establish and administer funds in support of, to promote the growth and development of, for the advancement of competencies, expertise and professional standards in, and for the conduct and development of research relating to, the accountancy sector and its related fields in Singapore. [Act 36 of 2022 wef 01/04/2023] (3) This section is not to be construed as limiting any power of the Authority conferred by or under any other written law.


document_id: acraa-2004
provision_ref: s8
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 8
title: Directions by Minister
content:
8. —(1) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority must provide the Minister with any information in respect of its property and activities in such manner and at such times as the Minister may require.


document_id: acraa-2004
provision_ref: s9
chapter: PART 3 - FUNCTIONS AND POWERS OF AUTHORITY
section: 9
title: Appointment of committees and delegation of powers
content:
9. —(1) The Authority may appoint from among its own members or from among other persons any number of committees that it thinks fit for purposes which, in the opinion of the Authority, would be more expediently carried out or managed by means of those committees. (2) The Authority may, subject to any conditions or restrictions that it thinks fit, delegate — ( a ) to any of its members; ( b ) to its Chief Executive or any of its officers or employees; ( c ) to any committee appointed by it under subsection (1); or ( d ) to any other person as the Authority thinks fit, any of the functions or powers of the Authority under this Act or any other written law. [5/2018] (3) Any function or power delegated under subsection (2) to any person or committee may be performed or exercised by that person or committee in the name and on behalf of the Authority.


document_id: acraa-2004
provision_ref: s10
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 10
title: Chief Executive, officers and employees, etc.
content:
10. —(1) There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: acraa-2004
provision_ref: s11
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 11
title: Protection from personal liability
content:
11. —(1) No suit or other legal proceedings shall lie personally against any member, officer or employee of the Authority, any member of a committee of the Authority or any other person acting under the direction of the Authority for anything which is done or intended to be done in good faith and with reasonable care in the execution or purported execution of this Act or any other written law. [18/2014] [Act 36 of 2022 wef 01/04/2023] (2) Where the Authority provides a service to the public by which information is supplied to the public pursuant to any written law, neither the Authority, any of its members, officers or employees nor any member of a committee of the Authority involved in the supply of such information is liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing in the information or however caused if made in good faith and in the ordinary course of the discharge of the duties of such member, officer or employee or member of a committee of the Authority. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s12
chapter: PART 5 - FINANCIAL PROVISIONS
section: 12
title: Funds and property of Authority
content:
12. —(1) The funds and property of the Authority consist of — ( a ) all grants-in-aid made under section 17; ( b ) all fees and other sums collected by the Authority or its officers under any written law unless otherwise expressly provided in subsection (2) or that other written law; ( c ) all moneys paid to the Authority for the purposes of the Authority; ( d ) all moneys paid to the Authority by way of grants, subsidies, donations, gifts and contributions; ( e ) all moneys received by the Authority by way of charges and fees for services rendered by the Authority to any person; ( f ) all moneys, dividends, royalties, interest or income received from any transaction made pursuant to the powers conferred on the Authority under this Act or any other written law; ( g ) all moneys borrowed by the Authority under this Act; ( h ) all other moneys and property lawfully received by the Authority for the purposes of the Authority; and ( i ) all accumulations of income derived from any such property or money. [18/2014] (2) The following sums collected on or after 15 May 2015 by the Authority or any of its officers under this Act and any written law specified in the Second Schedule must be paid into the Consolidated Fund: ( a ) any penalty for late payment or late filing; ( b ) any financial penalty, and interest for late payment of the financial penalty; ( c ) any sum for the composition of any offence. [18/2014] (3) The Authority may recover on behalf of the Government any sum referred to in subsection (2)( a ), ( b ) or ( c ) as though the sum were a civil debt due to the Authority. [18/2014] (4) The Authority may waive, refund or remit, wholly or in part, any fee that is paid or is payable to the Authority under any written law and which forms or would form part of the funds and property of the Authority under subsection (1). [13 [18/2014]


document_id: acraa-2004
provision_ref: s13
chapter: PART 5 - FINANCIAL PROVISIONS
section: 13
title: Application of moneys
content:
13. The moneys of the Authority are to be applied only to pay expenses incurred by it in the discharge of its functions, obligations and liabilities and in making any payment that the Authority is authorised or required to make. [14


document_id: acraa-2004
provision_ref: s14
chapter: PART 5 - FINANCIAL PROVISIONS
section: 14
title: Bank accounts
content:
14. —(1) The Authority must open and maintain one or more accounts with any bank or banks that the Authority thinks fit. (2) Every such account must be operated by any person or persons authorised to do so by the Authority. [15 15. [ Repealed by Act 36 of 2022 wef 01/04/2023 ]


document_id: acraa-2004
provision_ref: s16
chapter: PART 5 - FINANCIAL PROVISIONS
section: 16
title: Power of investment
content:
16. The Authority may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [17


document_id: acraa-2004
provision_ref: s17
chapter: PART 5 - FINANCIAL PROVISIONS
section: 17
title: Grants-in-aids
content:
17. For the purpose of enabling the Authority to carry out its functions under this Act, the Minister may make grants-in-aids to the Authority of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament. [18


document_id: acraa-2004
provision_ref: s18
chapter: PART 5 - FINANCIAL PROVISIONS
section: 18
title: Power to borrow
content:
18. For the discharge of its functions under this Act or any other written law, the Authority may raise loans from the Government or, with the approval of the Minister for Finance, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by — ( a ) mortgage, overdraft or otherwise; ( b ) charge, whether legal or equitable, on any property vested in the Authority or on any other revenue receivable by the Authority under this Act or any other written law; or ( c ) the creation and issue of debentures or bonds. [19


document_id: acraa-2004
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Issue of shares, etc.
content:
19. As a consequence of the vesting of any property, rights or liabilities of the Government in the Authority under this Act, or of any capital injection or other investment by the Government in the Authority in accordance with any written law, the Authority must issue such shares or other securities to the Minister for Finance as that Minister may direct. [20


document_id: acraa-2004
provision_ref: s20
chapter: PART 5 - FINANCIAL PROVISIONS
section: 20
title: Financial year
content:
20. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year. [21 [5/2018]


document_id: acraa-2004
provision_ref: s21
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 21
title: Transfer to Authority of property, assets and liabilities
content:
21. —(1) As from 1 April 2004 — ( 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 Registry of Companies and Businesses and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the Registry of Companies and Businesses; and ( b ) the movable and immovable property vested in the Public Accountants Board and all assets, interests, rights, privileges, liabilities and obligations of the Public Accountants Board, are, without further assurance, act or deed, transferred to and vest in the Authority. (2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority 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 Authority under subsection (1) must be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine. [22


document_id: acraa-2004
provision_ref: s22
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 22
title: Transfer of employees
content:
22. —(1) As from 1 April 2004 — ( a ) such individuals or categories of individuals as the Minister may determine who, immediately before that date, were employed by the Government in the Registry of Companies and Businesses; and ( b ) every individual employed immediately before that date by the Public Accountants Board, are transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) If any question arises as to whether any individual or any category of individuals has been transferred to the service of the Authority under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the individual or category of individuals was or was not so transferred. (3) Until such time that terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of service in the Government or in the Public Accountants Board (as the case may be) continue to apply to every individual transferred to the service of the Authority under subsection (1) as if he or she were still in the service of the Government or the Public Accountants Board, as the case may be. (4) Despite the provisions of the Pensions Act 1956, an individual who is transferred to the service of the Authority under this section is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the public service on account of abolition or reorganisation of office in consequence of the establishment of the Authority. [23


document_id: acraa-2004
provision_ref: s23
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 23
title: Service rights, etc., of transferred employees to be preserved
content:
23. —(1) The terms and conditions to be drawn up by the Authority must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the individual transferred to the service of the Authority under section 22 while in the employment of the Government or the Public Accountants Board, as the case may be. (2) Any term or condition relating to the length of service with the Authority must recognise the length of service of the individual so transferred while in the employment of the Government or the Public Accountants Board (as the case may be) to be service with the Authority. (3) The terms and conditions of service to be drawn up by the Authority must not adversely affect the conditions that would have been applicable to individuals transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) Where an individual has been transferred to the service of the Authority under section 22, the Government is liable to pay to the Authority the portion of any pension, gratuity or allowance payable to the individual 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 Authority. (5) Where any individual in the service of the Authority, whose case does not fall within the scope of any pension or other scheme established under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or her or to any other individual wholly or partly dependent on him or her, that the Authority thinks fit, such allowance or gratuity as the Authority may determine. [24


document_id: acraa-2004
provision_ref: s24
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 24
title: Existing contracts
content:
24. —(1) All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2004 to which the Government is a party and relating to the Registry of Companies and Businesses or to any individual transferred to the service of the Authority under section 22(1)( a ) continue in force on and after that date and are enforceable by or against the Authority as if the Authority had been named in them or had been a party to them instead of the Government. (2) All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2004 to which the Public Accountants Board is a party continue in force on and after that date and are enforceable by or against the Authority as if the Authority had been named in them or had been a party to them instead of the Public Accountants Board. [25


document_id: acraa-2004
provision_ref: s25
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 25
title: Misconduct or neglect of duty by employee before transfer
content:
25. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner an individual who had, while he or she was in the service of the Government or the Public Accountants Board (as the case may be), 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 service of the Government or the Public Accountants Board (as the case may be) and if this Act had not been enacted. [28


document_id: acraa-2004
provision_ref: s25A
chapter: PART 6AA - TRANSFER OF SINGAPORE ACCOUNTANCY
section: 25A
title: Interpretation of this Part
content:
25A. In this Part, unless the context otherwise requires — “asset”, in relation to the transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any — ( a ) legal or equitable interest in real or personal property; ( b ) chose in action; ( c ) security; ( d ) money; ( e ) intellectual property; ( f ) infrastructure, plant and equipment; ( g ) records and information (including data) in any form; and ( h ) right; “Commission” or “Singapore Accountancy Commission” means the Singapore Accountancy Commission established under the Singapore Accountancy Commission Act 2013; “liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly, or jointly and severally, with any other person) of the transferor on the eve of the transfer date; “records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of the transferor existing on the eve of the transfer date; “right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; “transfer date” means a date specified by the Minister by order in the Gazette for the purposes of this Part; “transferor” means the Singapore Accountancy Commission; “transferring employee” means any individual who, on the eve of the transfer date, is an employee of the transferor. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s25B
chapter: PART 6AA - TRANSFER OF SINGAPORE ACCOUNTANCY
section: 25B
title: Transfer of undertakings to Authority
content:
25B. —(1) On the transfer date, all assets and liabilities of the transferor are transferred to the Authority. (2) When any assets or liabilities are transferred under subsection (1), the following provisions have effect: ( a ) the assets of the transferor that are the subject of the transfer vest in the Authority by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liabilities of the transferor that are the subject of the transfer become by virtue of this section the liabilities of the Authority; ( c ) all legal or other proceedings relating to those assets or liabilities that are started before the transfer date by or against the transferor or a predecessor of the transferor and pending immediately before that date are taken to be proceedings pending by or against the Authority; ( d ) any legal or other proceedings relating to those assets or liabilities which could have been started immediately before the transfer date by or against the transferor or a predecessor of the transferor may be started by or against the Authority; ( e ) a judgment or an order of a court or other tribunal obtained before the transfer date by or against the transferor or a predecessor of the transferor relating to those assets or liabilities may be enforced by or against the Authority; ( f ) any document relating to legal or other proceedings relating to those assets or liabilities that has been served on or by the transferor or a predecessor of the transferor before the transfer date is taken, where appropriate, to have been served on or by the Authority; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to those assets or liabilities by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted to have been done by, to or in respect of the Authority; ( h ) a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to the transferor or a predecessor of the transferor, to the extent to which the reference relates to those assets or liabilities, is taken to be, or includes, a reference to the Authority. (3) The operation of this section does not — ( a ) constitute a breach of, or default under, an Act or other law, or otherwise a civil wrong or criminal wrong; ( b ) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom or in any other way); ( c ) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; ( d ) terminate an agreement or obligation, or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; ( e ) cause any contract or other instrument to be void or otherwise unenforceable; ( f ) frustrate any contract; ( g ) release a surety or other obligor or obligee wholly or in part from an obligation; or ( h ) constitute an event of breach of, or default under, any contract or other instrument. (4) No attornment to the Authority by a lessee from the transferor is required for the purpose of this section. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s25C
chapter: PART 6AA - TRANSFER OF SINGAPORE ACCOUNTANCY
section: 25C
title: Transferring employees to Authority
content:
25C. —(1) On the transfer date, every transferring employee — ( a ) stops being an employee of the transferor; and ( b ) is each transferred to the service, and becomes an employee, of the Authority on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. (2) The transfer of a transferring employee to the Authority — ( a ) does not interrupt continuity of service; ( b ) does not constitute a retrenchment or redundancy; and ( c ) does not entitle any employee so transferred to any payment or other benefit merely because he or she stops being employed by the transferor. (3) A certificate purporting to be signed by the Minister certifying that an individual named in the certificate was, with effect from the transfer date, employed by virtue of this section by the Authority, is admissible in evidence in any proceedings as evidence of the matters stated in it. (4) Nothing in this section prevents — ( a ) any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; or ( b ) an individual transferred under this section from resigning from the Authority at any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. (5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any transferring employee to the Authority. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s25D
chapter: PART 6AA - TRANSFER OF SINGAPORE ACCOUNTANCY
section: 25D
title: General preservation of employment terms, etc.
content:
25D. —(1) The service with the Authority of an employee transferred under section 25C (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the transferor immediately before the transfer date. (2) On the transfer date — ( a ) a transferred employee retains all accrued rights as if employment with the Authority were a continuation of employment with the transferor; ( b ) the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Authority; and ( c ) a reference to the transferor in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Authority. (3) For any conduct of a transferred employee when he or she was employed by the transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Authority may — ( a ) start any disciplinary proceedings against the employee; ( b ) carry on and complete any disciplinary proceedings started by the transferor against the transferred employee if those proceedings were pending on the eve of the transfer date; and ( c ) reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred. (4) Where, on the eve of the transfer date, any matter about the conduct of a transferred employee during his or her employment with the transferor — ( a ) was in the course of being heard or investigated by a committee of the transferor acting under due authority; or ( b ) had been heard or investigated by a committee of the transferor acting under due authority but no order, ruling or direction had been made, that committee must complete the hearing or investigation and make any order, ruling or direction that it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, a ruling or a direction of the Authority. (5) Until such time as conditions of employment are drawn up by the Authority for a transferred employee, the transferred employee is to be regarded as being employed by the Authority on the same conditions of his or her employment with the transferor on the eve of the transfer date. (6) Any condition of employment relating to the length of service with the Authority must recognise the length of service of the employee so transferred while in the employment of the transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Authority. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s25E
chapter: PART 6AA - TRANSFER OF SINGAPORE ACCOUNTANCY
section: 25E
title: Transfer of records
content:
25E. On the transfer date, every record, or part of any record, of the transferor that relates to the following becomes the record of the Authority: ( a ) any asset or liability transferred to the Authority under section 25B; ( b ) any transferring employee. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s25F
chapter: PART 6AA - TRANSFER OF SINGAPORE ACCOUNTANCY
section: 25F
title: Confirmation of transfer
content:
25F. —(1) If any dispute arises — ( a ) as to whether an asset or a liability, or a record, is transferred under section 25B or 25E; or ( b ) as to whether any, or any part of any, contract or document relates to an asset or a liability, or a record, transferred under section 25B or 25E, the Minister for Finance may determine the matter and is to provide the concerned parties with written notice of that determination. (2) The determination of the Minister for Finance under subsection (1) is final and binding on the transferor and the Authority. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s26
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 26
title: Interpretation of this Part
content:
26. In this Part, unless the context otherwise requires — “authorised information service provider” means any person authorised by the Registrar or the Authority to provide information services to the public using information provided by the Registrar or the Authority; [Act 21 of 2024 wef 09/12/2024] “Chief Executive” includes an officer of the Authority authorised by the Chief Executive to exercise a power, function or duty of the Chief Executive under this Part; “company” has the meaning given by section 4(1) of the Companies Act 1967; “copy”, in relation to a document, includes a representation of the document in an electronic form; “disclosure framework” means the disclosure framework set out in the Sixth Schedule; [Act 21 of 2024 wef 09/12/2024] “document” includes any application, form, report, certification, notice, confirmation, declaration, return or other document (whether in electronic form or otherwise) filed or lodged with, or submitted to, the Registrar; “electronic transaction system” means the electronic transaction system established by the Authority under section 27(1); [ Deleted by Act 22 of 2024 wef 09/06/2025 ] [ Deleted by Act 22 of 2024 wef 09/06/2025 ] “Fifth Schedule Act” means any of the written laws specified in the first column of the Fifth Schedule; [ Deleted by Act 22 of 2024 wef 09/06/2025 ] “malfunction”, in relation to the electronic transaction system, includes any defect or breakdown in that system or in any equipment, software or telecommunication networks used in or in connection with that system; “prescribed entity” means any entity prescribed under section 35 for the purposes of section 30A; [Act 21 of 2024 wef 09/12/2024] “prescribed public agency” means any public agency prescribed under section 35 for the purposes of section 30A; [Act 21 of 2024 wef 09/12/2024] “public agency” means a public officer, an Organ of State or a ministry or department of the Government, or a body or authority established by or under any public Act to perform or discharge a public function, or a member, an officer or employee, or any department thereof; [Act 21 of 2024 wef 09/12/2024] [ Deleted by Act 22 of 2024 wef 09/06/2025 ] [ Deleted by Act 22 of 2024 wef 09/06/2025 ] [ Deleted by Act 22 of 2024 wef 09/06/2025 ] “registered corporate service provider” has the meaning given by section 2(1) of the Corporate Service Providers Act 2024; [Act 22 of 2024 wef 09/06/2025] “Registrar” means — ( a ) the Registrar appointed under a scheduled Act; or ( b ) the person specified in the second column of the Fifth Schedule, in respect of a Fifth Schedule Act specified in the first column of that Schedule; “scheduled Act” means any of the written laws specified in the Second Schedule; “scheduled law” means any scheduled Act or Fifth Schedule Act; [Act 21 of 2024 wef 09/12/2024] “transaction”, in relation to the Registrar, means — ( a ) the filing or lodging of any document with the Registrar, or the submission, production, delivery, providing or sending of any document to the Registrar, under a scheduled law; [Act 21 of 2024 wef 09/12/2024] ( b ) the making of any application, submission or request to the Registrar under a scheduled law; [Act 21 of 2024 wef 09/12/2024] ( c ) the provision of any undertaking or declaration to the Registrar under a scheduled law; and [Act 21 of 2024 wef 09/12/2024] ( d ) the extraction, retrieval or accessing of any document, record or information maintained by the Registrar under a scheduled law. [Act 21 of 2024 wef 09/12/2024] [28A [18/2014; 40/2018]


document_id: acraa-2004
provision_ref: s27
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 27
title: Establishment of electronic transaction system
content:
27. —(1) The Authority may establish an electronic transaction system — ( a ) to enable any person to carry out any transaction with the Registrar; ( b ) to enable the Registrar to issue, give or send any information or any approval, certificate, notice, determination or other document under this Act, a scheduled law; [Act 21 of 2024 wef 09/12/2024] ( c ) to enable the Authority to provide a service to the public by which information relating to transactions with the Registrar is supplied to the public (whether in bulk or otherwise); ( ca ) to facilitate the implementation of this Part; [Act 21 of 2024 wef 09/12/2024] ( d ) to enable the Authority to provide any other service falling within the Authority’s functions to persons registered or to be registered under a scheduled law. [18/2014; 40/2018] [Act 21 of 2024 wef 09/12/2024] [Act 22 of 2024 wef 09/06/2025] ( e ) [ Deleted by Act 22 of 2024 wef 09/06/2025 ] (2) The information that may be provided under the service mentioned in subsection (1)( c ) — ( a ) may include — (i) copies or extracts of documents filed or lodged with, submitted to, or issued by, the Registrar; (ii) information extracted from documents filed or lodged with, submitted to, or issued by, the Registrar; and (iii) collations, summaries, reports or analyses of documents filed or lodged with, submitted to, or issued by, the Registrar; ( b ) may consist of, or be derived from, documents filed or lodged with, submitted to, or issued by, the Registrar other than through the electronic transaction system; and ( c ) is subject to any restriction relating to confidentiality under a scheduled law. [Act 21 of 2024 wef 09/12/2024] [18/2014; 40/2018] (3) Where any transaction with the Registrar can be carried out using the electronic transaction system, the Registrar may refuse to process the transaction unless — ( a ) the transaction is carried out in accordance with this Part including the requirements for the use of the system specified in subsection (4); ( aa ) all information and documents required to be submitted to the Registrar using a form mentioned in section 28(1A) have been submitted as required; [Act 21 of 2024 wef 09/12/2024] ( b ) the transaction meets the requirements prescribed in the scheduled law in respect of which the transaction is made; and [Act 21 of 2024 wef 09/12/2024] ( c ) the fee or penalty payable in respect of the transaction has been paid. [18/2014; 40/2018] (4) Subject to this Part and any regulations made under section 35, the Chief Executive may determine the requirements for the use of the electronic transaction system, which may include — ( a ) terms and conditions of access to, and use of, the electronic transaction system; ( b ) security and authentication requirements for access to, and use of, the electronic transaction system; ( c ) retention and production of documents supporting or authenticating transactions; and ( d ) modes of payment for transactions. [18/2014] (5) The fees payable — ( a ) in respect of any transaction with the Registrar, or for the issue of any approval, certificate, notice, determination or other document under a scheduled law, referred to in subsection (1)( a ) and ( b ) are to be determined under the scheduled law in respect of which the transaction was made or the approval, certificate, notice, determination or other document was issued; and [Act 21 of 2024 wef 09/12/2024] ( b ) in respect of any service provided by the Authority mentioned in subsection (1)( c ) or ( d ) are to be determined by the Authority. [18/2014; 40/2018] (6) The Chief Executive must keep a record, in such form as the Chief Executive may determine, of — ( a ) all transactions with the Registrar under the scheduled laws carried out using the electronic transaction system unless otherwise ordered by an order of the court; and [Act 21 of 2024 wef 09/12/2024] ( b ) all approvals, certificates, notices, determinations and other documents issued under the scheduled laws through the electronic transaction system. [Act 21 of 2024 wef 09/12/2024] [28B [18/2014; 40/2018]


document_id: acraa-2004
provision_ref: s28
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 28
title: Requirement to use electronic transaction system and agents for use
content:
28. —(1) A person who wishes to carry out a transaction with the Registrar — ( a ) must do so using the electronic transaction system if required by the Registrar under the scheduled law to which the transaction relates; or [Act 21 of 2024 wef 09/12/2024] ( b ) may do so using the electronic transaction system if permitted by the Registrar under the scheduled law to which the transaction relates. [Act 21 of 2024 wef 09/12/2024] [18/2014; 40/2018] (1A) Where a person carries out a transaction with the Registrar using the electronic transaction system, the Registrar may require the person to use a form on the electronic transaction system which requires the submission of information or documents for the transaction or for any other purpose under this Act or a scheduled law to the Registrar. [Act 21 of 2024 wef 09/12/2024] (2) A person may carry out a transaction with the Registrar using the electronic transaction system on behalf of another person only if the firstmentioned person is a registered corporate service provider for providing the service mentioned in paragraph ( f )(i) of the definition of “corporate service” in section 2(1) of the Corporate Service Providers Act 2024. [18/2014] [Act 22 of 2024 wef 09/06/2025] (3) A person who carries on a business of acting as a secretary of one or more companies may carry out a transaction with the Registrar using the electronic transaction system for any such company in the person’s capacity as a secretary of the company, if and only if the person is a registered corporate service provider for providing the service mentioned in paragraph ( f )(ii) of the definition of “corporate service” in section 2(1) of the Corporate Service Providers Act 2024. [Act 22 of 2024 wef 09/06/2025] (4) Subsection (2) or (3) does not apply to such persons, or to such transactions with the Registrar, as may be prescribed. [28C [18/2014] [Act 22 of 2024 wef 09/06/2025]


document_id: acraa-2004
provision_ref: s28A
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 28A
title: Information or document issued, given or sent by means of electronic transaction system
content:
28A. —(1) Any information or document required or permitted, under this Act or a scheduled law, to be issued, given or sent by the Registrar, the Authority or any other person or body appointed or constituted under this Act or the scheduled law (as the case may be) to any person may be issued, given or sent by — ( a ) uploading the information or document on the electronic transaction system; and ( b ) notifying the person how and when the person may access the information or document on the electronic transaction system, by sending the notification to the person’s last email address or in any other manner prescribed under section 35(2)( ba ). (2) The issuing, giving or sending of a document in accordance with this section is effective despite section 42A or any other provision of this Act or any scheduled law requiring or permitting the document to be issued, given or sent by other means. (3) This section does not apply to any notice, summons or document to be served in connection with proceedings in court. (4) In this section, “last email address” means the last email address given by the person concerned for the purpose of subsection (1)( b ). [Act 21 of 2024 wef 09/12/2024]


document_id: acraa-2004
provision_ref: s29
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 29
title: Evidence of transaction on electronic transaction system
content:
29. —(1) Despite any other written law or rule of law — ( a ) a copy of the whole or any part of any original document that is certified by the Registrar to be a true copy of the whole or the relevant part of the original document is in any proceedings admissible in evidence as of equal validity with the original document; and ( b ) any document prepared by the Registrar that — (i) consists of information reproduced or extracted from any original document; and (ii) contains a statement by the Registrar that the information is a true reproduction or extract of the original document, is, unless evidence to the contrary is adduced, admissible in evidence in place of and to the same extent as the original document. [18/2014] (2) In this section, “original document” means a document filed or lodged with, submitted to, or issued by, the Registrar using the electronic transaction system. [28D [18/2014]


document_id: acraa-2004
provision_ref: s30
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 30
title: Electronic transaction system malfunction, errors and omissions
content:
30. —(1) Despite any other written law or rule of law, the Registrar may — ( a ) correct any error or omission in any register kept by the Registrar under a scheduled law; [Act 21 of 2024 wef 09/12/2024] ( b ) correct any error or omission in any document filed or lodged with, or submitted to, the Registrar; and ( c ) supply entries or records omitted to be made in any register mentioned in paragraph ( a ), if the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system. [18/2014; 40/2018] (2) The Registrar must maintain a record of every correction made under subsection (1). [18/2014] (3) When any error or omission has been corrected under subsection (1), the error or omission is deemed not to have occurred. [18/2014] (4) The Authority and the Authority’s officers, employees and agents shall not be liable for any loss or damage, suffered by any person by reason of any error or omission — ( a ) if the error or omission had occurred or arisen as a result of any malfunction in the electronic transaction system; and ( b ) if the malfunction in the electronic transaction system had occurred despite the Authority having acted in good faith and with reasonable care to prevent such a malfunction from occurring. [28E [18/2014]


document_id: acraa-2004
provision_ref: s30A
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 30A
title: Information from prescribed public agencies or prescribed entities
content:
30A. —(1) A prescribed public agency or a prescribed entity may, at the request of the Registrar or the Authority, provide information, including personal data, to the Registrar or the Authority for the purposes of subsection (2) or (3) (as the case may be) unless the prescribed public agency or prescribed entity is prohibited by any written law from so providing the information. (2) The Registrar or the Authority may use information obtained from any prescribed public agency for any purpose under this Act or any scheduled law, including to keep, maintain, rectify or update the information kept in the repository mentioned in section 6(1)( c ) or any register kept under a scheduled Act. (3) The Registrar or the Authority may use information obtained from any prescribed entity to verify the accuracy of any information or document kept, or to be kept, in the repository mentioned in section 6(1)( c ). (4) If the Registrar or the Authority uses information mentioned in subsection (2) for any purpose permitted by that subsection, instead of obtaining the information from a person required under any other provision of this Act or any scheduled law to provide the same, that person — ( a ) is deemed to have complied with the requirement to provide the information for that purpose; and ( b ) is not liable for any error or inaccuracy in the information used under subsection (2), unless the Registrar or the Authority has — (i) requested that person to verify the information; and (ii) given that person a reasonable opportunity to correct that information. (5) No prescribed public agency or prescribed entity, or a person acting on behalf of a prescribed public agency or prescribed entity, shall — ( a ) be guilty of an offence under any written law or of any breach of confidence; ( b ) incur any civil liability; or ( c ) be liable to any disciplinary action, only because the prescribed public agency, prescribed entity or person (as the case may be) provided or purportedly provided information to the Registrar or the Authority under subsection (1) in good faith and with reasonable care. [Act 21 of 2024 wef 09/12/2024]


document_id: acraa-2004
provision_ref: s30B
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 30B
title: Use of information and documents in repository
content:
30B. —(1) The Registrar or the Authority may provide information and documents (whether in bulk or otherwise) from the repository mentioned in section 6(1)( c ), including personal data provided to or obtained by the Registrar or the Authority under this Act or any scheduled law, in accordance with the disclosure framework and subject to any restriction relating to confidentiality under this Act or a scheduled law, for any of the following purposes: ( a ) to any authorised information service provider to provide information services to any person; ( b ) to assist any person to exercise a power or to fulfil any obligation under any written law as specified in the Sixth Schedule; ( c ) to provide the service mentioned in section 27(1)( c ), in circumstances other than as mentioned in paragraphs ( a ) and ( b ). (2) Subsection (1) and the disclosure framework do not limit or prevent the provision of information or documents by the Registrar or the Authority as permitted or required by or under any other Act or law. [Act 21 of 2024 wef 09/12/2024]


document_id: acraa-2004
provision_ref: s30C
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 30C
title: Exclusion of residential address from public disclosure if contact address is available
content:
30C. —(1) Subject to subsection (2) and any exception specified in the Sixth Schedule, an individual’s residential address must be excluded from public disclosure. (2) The Registrar may cause an individual’s residential address to cease to be excluded from public disclosure in accordance with section 30D. (3) Where, pursuant to subsection (2), the individual’s residential address has ceased to be excluded from public disclosure, the Registrar must cause the exclusion from public disclosure to resume if — ( a ) subject to section 30D(8) and the equivalent provision in any scheduled Act, the Registrar receives notice of the individual’s contact address under this Act or any scheduled Act; or ( b ) the Court so directs on an appeal under section 30D(7) or the equivalent provision in any scheduled Act. (4) In this section and in section 30D — “contact address”, in relation to an individual, means an individual’s contact address kept or maintained by the Authority under this Act or by the Registrar under any scheduled Act; “public disclosure” means disclosure under section 30B(1); “Registrar” means the Registrar appointed under any scheduled Act; “residential address”, in relation to an individual, means an individual’s residential address kept or maintained by the Authority under this Act or by the Registrar under any scheduled Act. [Act 21 of 2024 wef 09/12/2024]


document_id: acraa-2004
provision_ref: s30D
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 30D
title: Cessation of exclusion of residential address from public disclosure
content:
30D. —(1) For the purposes of section 30C(2), the grounds for causing an individual’s residential address to cease to be excluded from public disclosure are either that — ( a ) communications sent by any officer of the Authority under this Act, or by the Registrar or any officer of the Authority under any scheduled Act, to the individual at his or her contact address and requiring a response within a specified period remain unanswered; or ( b ) there is evidence to show that service of any document under this Act or any scheduled Act at the individual’s contact address is not effective to bring it to the notice of the individual. (2) Before causing an individual’s residential address to cease to be excluded from public disclosure pursuant to section 30C(2), the Registrar must give a notice under subsection (3) to the individual and the interested persons specified in the Sixth Schedule (if any). (3) The notice mentioned in subsection (2) must — ( a ) state the grounds under subsection (1) on which the Registrar intends to cease the exclusion of the individual’s residential address; and ( b ) specify the period within which representations may be made to the Registrar. (4) The Registrar must consider the representations (if any) given in response to the notice mentioned in subsection (2) and received within the period specified by the Registrar under subsection (3)( b ). (5) If the Registrar decides to cause the individual’s residential address to cease being excluded from public disclosure, the Registrar must before doing so give notice of the decision to the individual and the interested persons specified in the Sixth Schedule (if any). (6) A notice to the individual under subsection (2) or (5) must be sent to the individual’s residential address unless it appears to the Registrar that service at that address may be ineffective to bring it to the individual’s notice, in which case it may be sent to any other last known address of that individual. (7) Any person aggrieved by the decision of the Registrar under section 30C(2) may, within 30 days after the date of receiving the notice under subsection (5), appeal to the Court which may confirm or reverse the Registrar’s decision and make any directions in the matter. (8) The individual is not allowed to provide a contact address within 3 years after the Registrar causes the individual’s residential address to cease to be excluded from public disclosure, unless the Registrar is satisfied that there is good cause for allowing the individual to do so in a particular case. (9) Subject to subsections (8) and (10), where an individual provides a new contact address under this Act or any scheduled Act, the Registrar must replace the individual’s contact address in the repository mentioned in section 6(1)( c ) with the new contact address. (10) Subsection (9) does not require the replacement of the individual’s contact address in any document kept in the repository. [Act 21 of 2024 wef 09/12/2024]


document_id: acraa-2004
provision_ref: s30E
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 30E
title: Disclosure framework
content:
30E. —(1) The disclosure framework applicable to information and documents in the repository mentioned in section 6(1)( c ), including personal data mentioned in section 30B(1), is as set out in the Sixth Schedule. (2) The Minister may, by order in the Gazette , amend the Sixth Schedule, which may include the following matters: ( a ) any exception to section 30C(1); ( b ) the interested persons mentioned in section 30D(2) and (5); ( c ) the types of information and documents mentioned in subsection (1) that the Registrar or the Authority must not disclose; ( d ) the persons or classes of persons to whom the Registrar or the Authority must not disclose any information or document mentioned in subsection (1); ( e ) the requirements that any person who receives any information or document mentioned in subsection (1) disclosed by the Registrar or the Authority must comply with. [Act 21 of 2024 wef 09/12/2024] 31. [ Repealed by Act 22 of 2024 wef 09/06/2025 ] 32. [ Repealed by Act 22 of 2024 wef 09/06/2025 ] 33. [ Repealed by Act 22 of 2024 wef 09/06/2025 ] 34. [ Repealed by Act 22 of 2024 wef 09/06/2025 ]


document_id: acraa-2004
provision_ref: s35
chapter: PART 6A - ELECTRONIC TRANSACTION SYSTEM
section: 35
title: Regulations for this Part
content:
35. —(1) The Minister may make any regulations that are necessary or expedient for carrying out the purposes of this Part. [18/2014] (2) Without limiting subsection (1), such regulations may — ( a ) [ Deleted by Act 22 of 2024 wef 09/06/2025 ] ( b ) prescribe the persons to whom, and the transactions to which, the requirement under section 28(2) or (3) does not apply; [Act 22 of 2024 wef 09/06/2025] ( ba ) for the purposes of section 28A — (i) require any person who may be issued, given or sent information or a document by means of the electronic transaction system to provide an email address for notification under section 28A(1)( b ); (ii) prescribe any other manner in which the notification under section 28A(1)( b ) may be given; and (iii) prescribe the time and circumstances when the information or document is deemed to be issued, given or sent by means of the electronic transaction system; [Act 21 of 2024 wef 09/12/2024] ( c ) [ Deleted by Act 22 of 2024 wef 09/06/2025 ] ( d ) [ Deleted by Act 22 of 2024 wef 09/06/2025 ] ( e ) [ Deleted by Act 22 of 2024 wef 09/06/2025 ] ( f ) [ Deleted by Act 22 of 2024 wef 09/06/2025 ] ( g ) prescribe — (i) the fees payable for the purposes of this Part and not expressly provided for in section 27(5); (ii) the penalties payable for the late filing of any document; and (iii) the manner in which such fees and penalties are to be paid; ( h ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 3 years or with both; [Act 22 of 2024 wef 09/06/2025] ( i ) prescribe anything which may be prescribed under this Part; and ( j ) contain any transitional and other supplementary and incidental provisions that appear to the Minister to be appropriate for carrying out the purposes of this Part. [28J [18/2014]


document_id: acraa-2004
provision_ref: s35A
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35A
title: Interpretation of this Part
content:
35A. —(1) In this Part — “accounting corporation” means a company approved or deemed to be approved as an accounting corporation under the Accountants Act 2004; “accounting entity” means a public accountant, an accounting corporation, an accounting firm or an accounting limited liability partnership; “accounting firm” means a firm approved or deemed to be approved as an accounting firm under the Accountants Act 2004; “accounting limited liability partnership” means a limited liability partnership approved as an accounting limited liability partnership under the Accountants Act 2004; “designated entity” means any company, association or body of persons, corporate or unincorporate, specified in the Third Schedule; “member”, in relation to a designated entity, means a person who is admitted to such membership specified by the designated entity as being required to be held by persons registered or seeking to be registered as chartered accountants under this Part, and “membership” is to be construed accordingly. (2) Unless the context otherwise requires, any reference in this Part to a person registered as a chartered accountant is a reference to a person who is registered, or deemed to be registered, as a Chartered Accountant of Singapore by a designated entity under this Part and whose registration is not suspended under this Part. (3) For the purposes of sections 35C and 35I, any reference to the Minister includes a reference to a Minister of State for his or her Ministry who is authorised by the Minister for the purpose of hearing an appeal under those sections. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35B
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35B
title: Restrictions on use of “Chartered Accountant of Singapore”
content:
35B. —(1) An accounting entity or a person who is registered as a chartered accountant may — ( a ) describe itself, himself or herself (as the case may be) as “Chartered Accountant of Singapore”; and ( b ) use the initials “CA (Singapore)” after the entity’s or person’s name, as the case may be. (2) A person who is not an accounting entity or a person registered as a chartered accountant may also describe itself as “Chartered Accountant of Singapore” and use the initials “CA (Singapore)” after its name if it is an approved entity. (3) An individual who is not registered as a chartered accountant, or whose registration as such is suspended, under this Part must not — ( a ) practise as, or hold himself or herself out to be, a Chartered Accountant of Singapore; or ( b ) use, verbally or otherwise, in connection with his or her business, employment, profession, description or name (or the name under which he or she carries on business) — (i) the expression “Chartered Accountant of Singapore” or any of its derivatives or abbreviations, in any language; (ii) the initials “CA (Singapore)”; or (iii) any word, designation or description, in any language, tending to convey the impression that he or she is a Chartered Accountant of Singapore, or that he or she is qualified or authorised to practise as such. (4) A person that is not an individual and not an accounting entity or an approved entity must not — ( a ) practise as, or hold itself out to be, a Chartered Accountant of Singapore; or ( b ) use, verbally or otherwise, in connection with its business, profession, description or name (or the name under which it carries on business) — (i) the expression “Chartered Accountant of Singapore” or any of its derivatives or abbreviations, in any language; (ii) the initials “CA (Singapore)”; or (iii) any word, designation or description, in any language, tending to convey the impression that the person is a Chartered Accountant of Singapore, or that it is qualified or authorised to practise as such. (5) Any person who — ( a ) contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction — (i) to a fine not exceeding $5,000; and (ii) in the case of a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction — (i) to a fine not exceeding $5,000; and (ii) in the case of a second or subsequent offence, to a fine not exceeding $10,000. (6) In this section, “approved entity” means an entity approved by the Authority under section 35C(2) to describe itself as “Chartered Accountant of Singapore” and use the initials “CA (Singapore)” after its name and whose approval has not ceased under section 35C(3). [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35C
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35C
title: Approved entity
content:
35C. —(1) A company or proposed company, a firm or proposed firm, or a limited liability partnership or proposed limited liability partnership (called in this section an entity), which is not an accounting entity, may apply to the Authority for approval to describe itself as “Chartered Accountant of Singapore” and use the initials “CA (Singapore)” after its name. (2) The Authority may approve an application made under subsection (1) if the following conditions are satisfied: ( a ) one of the primary objects of the entity is to provide such accounting services as may be prescribed; ( b ) in the case of an entity that is — (i) a company or proposed company — the constitution of the company or proposed company provides that at least two-thirds, or any other prescribed proportion, of the directors (including the chairperson) must be chartered accountants, or — (A) if the company or proposed company has only one director, that that director must be a chartered accountant; or (B) if the company or proposed company has only 2 directors, that at least one of those directors must be a chartered accountant; (ii) a firm or proposed firm — at least two-thirds, or any other prescribed proportion, of the partners are chartered accountants, or if the partnership has only 2 partners, at least one of those partners is a chartered accountant; or (iii) a limited liability partnership or proposed limited liability partnership — at least two-thirds, or any other prescribed proportion, of the partners are chartered accountants, or if the partnership has only 2 partners, at least one of those partners is a chartered accountant; ( c ) the entity meets any other conditions that may be prescribed. (3) If any of the conditions mentioned in subsection (2) ceases to be satisfied by the entity, the Authority’s approval under subsection (2) automatically ceases. (4) Subsection (3) does not prevent an entity from making a fresh application under subsection (1) and from being approved by the Authority under subsection (2) if the entity subsequently meets the conditions of subsection (2) again. (5) An entity aggrieved by the Authority’s refusal to approve an application under subsection (2) may, within 30 days after being informed of the Authority’s refusal, appeal to the Minister whose decision is final. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35D
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35D
title: Registration of chartered accountant
content:
35D. —(1) No person, except a designated entity, may register, or renew the registration of, any person as a chartered accountant. (2) A designated entity may, on the application of any person made in accordance with the membership rules or other requirements of the designated entity, register the person as a chartered accountant if the person — ( a ) has completed, to the satisfaction of the Authority, any professional qualification programme that may be specified by the Authority for the class of persons to which that person belongs; ( b ) is a member of the designated entity; ( c ) satisfies the requirements relating to chartered accountants specified in the membership rules of the designated entity; and ( d ) satisfies any other requirements that may be prescribed. (3) Subject to subsections (4) and (5), every registration of a member of a designated entity as a chartered accountant under this Act — ( a ) is valid for one year, unless the registration ceases or is revoked earlier under this Act; and ( b ) on its expiry and on an application made by the member in accordance with the membership rules of the designated entity, may be renewed by the designated entity for the same period. (4) A designated entity must not renew the registration of a chartered accountant under subsection (3)( b ) if the chartered accountant — ( a ) ceases to be a member of the designated entity; ( b ) does not satisfy any of the requirements relating to chartered accountants specified in the membership rules of the designated entity; or ( c ) does not satisfy any other requirement that may be prescribed. (5) Without affecting subsection (4), a designated entity must not renew the registration of a chartered accountant under subsection (3)( b ) while the chartered accountant’s membership in the designated entity is suspended. (6) Any person, other than a designated entity, that holds himself, herself or itself out as a designated entity, or purports to register, or renew the registration of, any person as a chartered accountant, shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000; and ( b ) in the case of a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35E
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35E
title: Suspension or termination of membership in designated entity
content:
35E. —(1) Nothing in this Part affects the right of a designated entity under its membership rules to suspend or terminate the membership of any of its members registered as a chartered accountant. (2) The registration of a member of a designated entity as a chartered accountant under this Part must, by virtue of this subsection — ( a ) be suspended, for the applicable period in subsection (3), immediately upon the suspension of the member’s membership in the designated entity; and ( b ) cease immediately upon the termination of the member’s membership in the designated entity. (3) The period of any suspension of the registration of a chartered accountant under subsection (2)( a ) is the shorter of the following: ( a ) the period of the suspension of the chartered accountant’s membership in the designated entity; ( b ) the period remaining of the validity of the registration as a chartered accountant. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35F
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35F
title: Revocation or suspension of registration by designated entity
content:
35F. —(1) Subject to subsection (2), a designated entity may take any disciplinary or other action against, or impose any penalty on or make any other order against, any of its members registered with it as a chartered accountant that is provided in its membership rules. (2) A designated entity must not revoke or suspend the registration of any person as a chartered accountant except as provided under this section. (3) Subject to subsection (4), if, upon taking any disciplinary or other action provided in its membership rules against any member registered with it as a chartered accountant, the designated entity (or any body of persons specified in its membership rules as being responsible for making that assessment) is of the opinion that — ( a ) the member has contravened any code of professional conduct, standards or ethics applicable to chartered accountants under its membership rules; and ( b ) there exists cause of sufficient gravity for revoking the registration of the chartered accountant, the designated entity may revoke the member’s registration as a chartered accountant. (4) A designated entity may, instead of revoking the registration of a chartered accountant under subsection (3), suspend the registration for a period not exceeding 10 months. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35G
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35G
title: Revocation or suspension of registration by Authority
content:
35G. —(1) A designated entity must inform the Authority, within the period specified by the Authority, of every complaint received, investigation undertaken, disciplinary or other action taken, penalty imposed or other order made by the designated entity in respect of any member of the designated entity who is registered with it as a chartered accountant. (2) The Authority may, at any time, review any matter concerning any contravention or alleged contravention by any member of a designated entity registered as a chartered accountant of any code of professional conduct, standards or ethics applicable to chartered accountants under the membership rules of the designated entity where the designated entity — ( a ) did not take any disciplinary or other action against the member in respect of the contravention or alleged contravention; or ( b ) having taken such action, suspends the member’s registration under section 35F(4), or imposes any lesser penalty or makes any other order provided for under its membership rules. (3) Subject to subsections (4) and (5), if, upon a review under subsection (2), the Authority is satisfied that — ( a ) any member of a designated entity registered as a chartered accountant has contravened any code of professional conduct, standards or ethics applicable to chartered accountants under the membership rules of the designated entity; and ( b ) there exists cause of sufficient gravity for revoking the registration of the chartered accountant, the Authority may revoke the member’s registration as a chartered accountant. (4) Subject to subsection (5), the Authority may, instead of revoking the registration of a chartered accountant under subsection (3) — ( a ) in a case where the designated entity has suspended the registration under section 35F(4), extend the suspension of the registration for a period not exceeding 10 months in the aggregate; or ( b ) in any other case, suspend the registration for a period not exceeding 10 months. (5) Before revoking, suspending or extending the suspension of the registration of any person as a chartered accountant under this section, the Authority must give the person written notice of its intention to do so and an opportunity to submit reasons, within the period specified by the Authority in that notice, as to why the registration should not be revoked or suspended or why the suspension of the registration should not be extended. (6) The Authority may require any person who appears to the Authority to have information that is relevant to the performance of its functions or the exercise of its powers under this section to provide the Authority with all such information, and any person required to provide the information must provide it in the manner and within the period specified by the Authority. (7) To avoid doubt, the Authority — ( a ) is not under any obligation to review any matter, or take any action in respect of any matter, under this section; and ( b ) may, at any time, discontinue the review of any matter, or any action taken in respect of any matter with a view to revoking or suspending, or extending the suspension of, the registration of any chartered accountant, under this section. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35H
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35H
title: Appeals to Authority
content:
35H. —(1) Any person aggrieved by any decision of a designated entity — ( a ) refusing to register the person as a chartered accountant under section 35D; ( b ) refusing to renew the person’s registration as a chartered accountant under section 35D; ( c ) revoking the person’s registration as a chartered accountant under section 35F(3); or ( d ) suspending the person’s registration as a chartered accountant under section 35F(4), may, within 30 days after receipt of the decision, appeal to the Authority. (2) Any person who makes an appeal to the Authority under subsection (1) must, within the period specified in that subsection — ( a ) state as concisely as possible the circumstances under which the appeal arises and the issues and grounds for the appeal; and ( b ) submit to the Authority all relevant facts, evidence and arguments in respect of the appeal. (3) Where an appeal has been made to the Authority under subsection (1), the Authority may require — ( a ) any party to the appeal; or ( b ) any person who is not a party to the appeal but appears to the Authority to have information that is relevant to the matters in that subsection, to provide the Authority with all such information as the Authority may require for the purpose of considering and determining the appeal, and any person required to provide the information must provide it in the manner and within the period specified by the Authority. (4) The Authority may reject any appeal under subsection (1) if the appellant fails to comply with subsection (2) or (3). (5) Unless otherwise directed by the Authority, an appeal under subsection (1) from a decision of a designated entity does not affect the operation of the decision or prevent the taking of any action to implement the decision. (6) The Authority may determine an appeal under subsection (1) from a decision of a designated entity by — ( a ) confirming the decision; ( b ) directing the designated entity to register the appellant as a chartered accountant; ( c ) directing the designated entity to renew the registration of the appellant as a chartered accountant; ( d ) quashing any revocation or suspension of the registration of the appellant as a chartered accountant; ( e ) substituting any suspension of the registration of the appellant as a chartered accountant with revocation; ( f ) substituting any revocation of the registration of the appellant as a chartered accountant with suspension for a period not exceeding 10 months; ( g ) extending any suspension of the registration of the appellant as a chartered accountant for a period not exceeding 10 months in the aggregate, or reducing the period of the suspension; or ( h ) directing the designated entity to reconsider its decision, and the decision of the Authority is final. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35I
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35I
title: Appeals to Minister
content:
35I. —(1) Any person aggrieved by any decision of the Authority — ( a ) revoking the person’s registration as a chartered accountant under section 35G(3); ( b ) suspending the person’s registration as a chartered accountant under section 35G(4); or ( c ) extending the suspension of the person’s registration as a chartered accountant under section 35G(4), may, within 30 days after receipt of the decision, appeal to the Minister. (2) Any person who makes an appeal to the Minister under subsection (1) must, within the period specified in that subsection — ( a ) state as concisely as possible the circumstances under which the appeal arises and the issues and grounds for the appeal; and ( b ) submit to the Minister all relevant facts, evidence and arguments in respect of the appeal. (3) Where an appeal has been made to the Minister under subsection (1), the Minister may require — ( a ) any party to the appeal; or ( b ) any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters in that subsection, to provide the Minister with all such information as the Minister may require for the purpose of considering and determining the appeal, and any person required to provide the information must provide it in the manner and within the period specified by the Minister. (4) The Minister may reject any appeal under subsection (1) if the appellant fails to comply with subsection (2) or (3). (5) Unless otherwise directed by the Minister, an appeal under subsection (1) from a decision of the Authority does not affect the operation of the decision or prevent the taking of any action to implement the decision. (6) The Minister may determine an appeal under subsection (1) from a decision of the Authority by — ( a ) confirming the decision; ( b ) quashing the decision; ( c ) substituting any suspension of the registration of the appellant as a chartered accountant with revocation; ( d ) substituting any revocation of the registration of the appellant as a chartered accountant with suspension for a period not exceeding 10 months; ( e ) extending any suspension of the registration of the appellant as a chartered accountant for a period not exceeding 10 months in the aggregate, or reducing the period of the suspension; or ( f ) directing the Authority to reconsider its decision, and the decision of the Minister is final. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35J
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35J
title: Powers relating to revocation or suspension not affected by membership rules, etc.
content:
35J. The Authority and the Minister may exercise their powers, respectively, under this Part in respect of the revocation or suspension of the registration of a member of a designated entity as a chartered accountant despite — ( a ) anything in the membership rules of the designated entity; ( b ) anything done or omitted to be done by the designated entity in respect of the member; ( c ) any irregularity in any disciplinary or other action taken by the designated entity against the member; or ( d ) any penalty imposed on or any other order made against the member by the designated entity. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35K
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35K
title: Designated entities
content:
35K. —(1) Subject to section 35L, the Authority may, with the approval of the Minister, by order in the Gazette , amend the Third Schedule by adding to or deleting from that Schedule or otherwise varying any designated entity. (2) A designated entity is subject to any conditions that the Authority may specify. (3) Without affecting the Societies Act 1966 or any other legislation governing or regulating the designated entity, a designated entity may, with the concurrence of the Authority, modify any of its membership rules relating to chartered accountants in the manner provided in its membership rules. (4) In the event of any inconsistency between the membership rules of a designated entity relating to chartered accountants and this Act, this Act prevails to the extent of the inconsistency. (5) In this section, “membership rules”, in relation to a designated entity, includes but is not limited to the requirements for the registration, and renewal of the registration, of chartered accountants, codes of professional conduct, standards and ethics applicable to chartered accountants, and rules relating to disciplinary and other actions that may be taken by the designated entity against its members who are chartered accountants. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35L
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35L
title: Deletion of designated entity
content:
35L. —(1) Subject to subsection (2), before deleting a designated entity from the Third Schedule under section 35K(1), the Authority must give the designated entity written notice of its intention to do so and an opportunity to submit reasons, within the period specified by the Authority in that notice, as to why the designated entity should not be deleted. (2) Subsection (1) does not apply in the case where the designated entity requests in writing that it be deleted from the Third Schedule. (3) Any order under section 35K(1) deleting a designated entity from the Third Schedule does not take effect until the end of at least 30 days after the date on which the Authority informs the designated entity of its decision to delete the designated entity from the Third Schedule. (4) If a designated entity is deleted from the Third Schedule — ( a ) it must immediately cease to register, or renew the registration of, any person as a chartered accountant; and ( b ) every person who, on the eve of the deletion, is registered with it as a chartered accountant ceases to be a registered chartered accountant under this Part on the expiry of the period after the deletion specified by the Authority, by notification in the Gazette (called in this section the transitional period), unless before the expiry of the transitional period — (i) the person becomes a member of another designated entity (called in this section the successor designated entity); and (ii) the successor designated entity certifies that the person satisfies the requirements relating to chartered accountants specified in its membership rules. (5) Any person referred to in subsection (4) who, before the expiry of the transitional period, becomes a member of and is certified by the successor designated entity under paragraph ( b )(ii) of that subsection is, on the date of being so certified, deemed to be registered as a chartered accountant by the successor designated entity under this Part and for a period that is equal to the remaining period of validity of the person’s registration as a chartered accountant with the deleted designated entity but for the deletion. (6) Every person registered as a chartered accountant with a designated entity on the eve of the deletion of the designated entity from the Third Schedule is, despite the deletion, deemed to be registered as a chartered accountant under this Part during the shorter of the following: ( a ) the transitional period; ( b ) the period commencing on the date of the deletion and ending on the date immediately before the date on which the person is deemed to be registered as a chartered accountant by the successor designated entity under subsection (5). (7) For the purposes of subsection (5), the remaining period of validity of the registration of a person as a chartered accountant with a deleted designated entity is the period during which the registration would have been valid but for the deletion of the designated entity less the period during which the person is deemed to be registered as a chartered accountant under subsection (6). [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s35M
chapter: PART 6B - CHARTERED ACCOUNTANTS OF SINGAPORE
section: 35M
title: Regulations for this Part
content:
35M. —(1) The Authority may, with the approval of the Minister, make regulations to give effect to the provisions and purposes of this Part. (2) Without limiting subsection (1), regulations may be made under that subsection for or with respect to all or any of the following matters: ( a ) conditions or restrictions applicable to designated entities; ( b ) the fees and charges payable under this Part, and the waiver, refund or remission, whether wholly or in part, of the fees and charges; ( c ) matters required or permitted to be prescribed by this Part or which are necessary or expedient to be prescribed to give effect to this Part. (3) Regulations made under subsection (1) may — ( a ) provide that a contravention of any specified provision of the regulations shall be an offence; and ( b ) provide for penalties not exceeding a fine of $5,000 or imprisonment for a term not exceeding 6 months or both for any offence specified in the regulations and, in the case of a continuing offence, a further penalty not exceeding a fine of $250 for every day or part of a day during which the offence continues after conviction. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS
section: 36
title: Symbol or representation of Authority
content:
36. —(1) The Authority has the exclusive right to the use of such symbol or representation as the Authority may select or devise and thereafter display or exhibit such symbol or representation in connection with its activities or affairs. [18/2014] (2) A person who — ( a ) uses, without the prior written permission of the Authority, a symbol or representation identical to that of the Authority; or ( b ) uses a symbol or representation which so resembles the Authority’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 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [30 [18/2014] [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s37
chapter: PART 7 - MISCELLANEOUS
section: 37
title: Use of name, etc., of Authority
content:
37. —(1) The Authority may conduct its operations under its full name or under the acronym ACRA. [18/2014] (2) A person other than the Authority must not — ( a ) use, without the prior written permission of the Authority, the name of the Authority or the acronym ACRA; or ( b ) use a name or an acronym which so resembles the name of the Authority or the acronym ACRA as is likely to deceive or cause confusion — (i) in connection with a business, trade, profession or occupation; (ii) as the name, or as part of the name, of any firm, body corporate or institution; or (iii) in relation to — (A) services or products; or (B) the promotion, by any means, of the supply of services or products. [Act 36 of 2022 wef 01/04/2023] (3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [30A [18/2014]


document_id: acraa-2004
provision_ref: s38
chapter: PART 7 - MISCELLANEOUS
section: 38
title: False statements
content:
38. Any person who, in relation to any application under this Act — ( a ) makes any false statement which the person knows to be false or does not believe to be true or which the person makes recklessly; or ( b ) intentionally suppresses any material fact, 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. [30B [18/2014]


document_id: acraa-2004
provision_ref: s39
chapter: PART 7 - MISCELLANEOUS
section: 39
title: Powers of enforcement
content:
39. —(1) In addition to the powers conferred on him or her by this Act or any other written law, an officer or employee of the Authority may, in relation to any offence under this Act or any written law specified in the Second Schedule — ( a ) require any person whom the officer or employee reasonably believes to have committed that offence to provide evidence of the person’s identity; ( b ) require any person to provide any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, make copies of or take extracts from such book or document; ( c ) require, by order in writing, the attendance before the officer or employee of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case; ( d ) examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with any other matter that the officer or employee specifies, and reduce into writing the answer given or statement made by that person; ( e ) take any photographs or video recordings, that the officer or employee thinks necessary, of the premises in which or in connection with which he or she reasonably believes an offence has been committed and the persons reasonably believed to be acquainted with the facts or circumstances of the case or with any other matter that the officer or employee specifies; and ( f ) require the owner or occupier of any premises in which or in connection with which the officer or employee of the Authority reasonably believes an offence has been committed to give the officer or employee access to such premises without charge for the purpose of investigating that offence. [18/2014] (2) The person mentioned in subsection (1)( d ) is bound to state truly what the person knows of the facts and circumstances with which the person is acquainted except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. [18/2014] (3) A statement made by the person referred to in subsection (2) 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. [18/2014] (4) An officer or employee of the Authority when exercising any power under this Act must declare his or her office and must produce to the person against whom he or she is acting such identification card as the Chief Executive may direct to be carried by officers or employees of the Authority. [18/2014] (5) An officer or employee of the Authority may also, in relation to an investigation into — ( a ) a breach of a condition of registration of a registered corporate service provider or registered qualified individual under the Corporate Service Providers Act 2024; or ( b ) a contravention of or a failure to comply with any provision of that Act, the contravention of or non‑compliance with which is not an offence under that Act, exercise the powers under subsection (1) in the same manner as if the breach, contravention or non‑compliance were an offence under this Act. [Act 22 of 2024 wef 09/06/2025] (6) Any person who — ( a ) refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Authority in the discharge of the duties by such officer or employee of the Authority under this Act or that written law; ( b ) wilfully misstates or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of the person by an officer or employee of the Authority under subsection (1) or (5); or ( c ) fails to comply with a lawful demand of an officer or employee of the Authority in the discharge by such officer or employee of his or her duties under this Act or that written law, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [31 [18/2014]


document_id: acraa-2004
provision_ref: s40
chapter: PART 7 - MISCELLANEOUS
section: 40
title: Offences committed by bodies corporate, etc.
content:
40. —(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or any similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Proceedings for an offence under this Act alleged to have been committed by a partnership are to be brought in the name of the partnership and not in the names of the partners; but without affecting any liability of the partners under subsection (5). (4) A fine imposed on a partnership on its conviction in such proceedings is to be paid out of the partnership assets. (5) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (6) Where an offence under this Act which has been committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of the officer or member, the officer or member (as the case may be) as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [Act 36 of 2022 wef 01/04/2023] (7) In subsection (6), “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, or any person holding a position analogous to that of the president, secretary or member of the committee, and includes any person purporting to act in any such capacity. [32 [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: Proceedings conducted by officers of Authority
content:
41. —(1) Proceedings in respect of an offence under this Act or under any written law specified in the Second Schedule may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Authority who is authorised in writing in that behalf by the Chief Executive. [15/2010] (2) Despite the provisions of any written law, a legal officer of the Authority who has been admitted as an advocate and solicitor under the Legal Profession Act 1966 may — ( a ) appear in any civil proceedings involving the Authority or any Registrar in the performance of the functions or duties of the Authority or Registrar under any written law specified in the Second Schedule; and ( b ) make and do all acts and applications in respect of such proceedings on behalf of the Authority or any Registrar. (3) In this section, “Registrar” means — ( a ) the Registrar of Public Accountants and any Deputy or Assistant Registrar of Public Accountants appointed under the Accountants Act 2004; ( b ) the Registrar of Business Names and any Deputy Registrar or Assistant Registrar of Business Names appointed under the Business Names Registration Act 2014; ( c ) the Registrar of Companies and any Deputy or Assistant Registrar of Companies appointed under the Companies Act 1967; ( d ) the Registrar of Limited Liability Partnerships and any Deputy or Assistant Registrar of Limited Liability Partnerships appointed under the Limited Liability Partnerships Act 2005; ( e ) the Registrar of Limited Partnerships and any Deputy or Assistant Registrar of Limited Partnerships appointed under the Limited Partnerships Act 2008; and ( f ) the Registrar of VCCs and any Deputy or Assistant Registrar of VCCs appointed under the Variable Capital Companies Act 2018. [33 [4/2010; 29/2014; 44/2018]


document_id: acraa-2004
provision_ref: s42
chapter: PART 7 - MISCELLANEOUS
section: 42
title: Preservation of secrecy
content:
42. —(1) A person who is or has been — ( a ) a member, an officer, an employee, a consultant or an agent of the Authority; or [Act 36 of 2022 wef 01/04/2023] ( b ) a member of a committee of the Authority, must not disclose any information relating to the affairs of the Authority or of any other person which has been obtained by the firstmentioned person in the performance of that person’s duties or the exercise of that person’s functions unless such disclosure is made — ( c ) with the permission of the person from whom the information was obtained or, where the information is the confidential information of a third person, with the permission of that third person; ( d ) for the purpose of the administration or enforcement of this Act or any written law specified in the Second Schedule; ( e ) in compliance with the requirement of any court or as required or allowed by the provisions of any written law; ( f ) with the prior authorisation from the Authority to do so; ( g ) for the purpose of assisting any public officer or officer of any other statutory board in the investigation or prosecution of any offence under any written law; ( h ) for the purpose of assisting a public officer, or an officer of another statutory board, who is responsible for administering or enforcing any written law, to administer or enforce that written law; ( i ) in connection with any civil proceedings to which the Authority is a party; or ( j ) with a view to the institution, or otherwise for the purposes, of any disciplinary proceedings or investigation in connection therewith under any written law. [18/2014; 5/2018] (2) A person who is or has been — ( a ) a member, an officer, an employee, a consultant or an agent of the Authority; or [Act 36 of 2022 wef 01/04/2023] ( b ) a member of a committee of the Authority, must not, for the person’s own personal benefit or for the personal benefit of any other person, make use of any information, whether directly or indirectly, which has been obtained by that firstmentioned person in the performance of that person’s duties or the exercise of that person’s functions. (3) For the purpose of this section, the reference to the person disclosing or making use of any information includes the person permitting any other person to have any access to any record, document or other thing which is in the firstmentioned person’s possession or under that person’s control by virtue of that person being or having been a member, an officer, an employee, a consultant or an agent of the Authority or a member of a committee of the Authority. [Act 36 of 2022 wef 01/04/2023] (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (5) The provisions of this section are in addition to, and not in derogation of, any provision in any written law specified in the Second Schedule that regulates or restricts the disclosure of information by any member, officer, employee, consultant, agent or member of a committee of the Authority. [34 [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s42A
chapter: PART 7 - MISCELLANEOUS
section: 42A
title: Service of documents
content:
42A. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address, contact address or business address; [Act 21 of 2024 wef 09/12/2024] ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, at the individual’s contact address with an adult apparently resident or employed there, or at the individual’s business address with an adult apparently employed there; [Act 21 of 2024 wef 09/12/2024] ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address, contact address or business address; [Act 21 of 2024 wef 09/12/2024] ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior consent (express or implied) to service in that way. (7) This section does not apply to — ( a ) documents that are permitted or required by any written law specified in the Second Schedule to be served on a person; or ( b ) documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or [Act 21 of 2024 wef 09/12/2024] ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “contact address”, in relation to an individual, means an individual’s contact address kept or maintained by the Authority under this Act or by the Registrar under any scheduled Act; [Act 21 of 2024 wef 09/12/2024] “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 36 of 2022 wef 01/04/2023]


document_id: acraa-2004
provision_ref: s43
chapter: PART 7 - MISCELLANEOUS
section: 43
title: Jurisdiction of District Court
content:
43. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. [35


document_id: acraa-2004
provision_ref: s44
chapter: PART 7 - MISCELLANEOUS
section: 44
title: Composition of offences
content:
44. —(1) The Chief Executive or any officer of the Authority who is authorised by the Chief Executive may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [18/2014] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [36


document_id: acraa-2004
provision_ref: s45
chapter: PART 7 - MISCELLANEOUS
section: 45
title: Amendment of Schedules
content:
45. The Minister may, by order in the Gazette , amend the Second, Fourth and Fifth Schedules. [37 [18/2014; 40/2018]


document_id: acraa-2004
provision_ref: s46
chapter: PART 7 - MISCELLANEOUS
section: 46
title: Rules
content:
46. —(1) The Authority may, with the approval of the Minister, make rules to carry out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make rules for or with respect to all or any of the following matters: ( a ) the manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the Authority; ( b ) the establishment of funds for the payment of gratuities and other benefits to officers and employees of the Authority; ( c ) the fees to be charged in respect of anything done or any service rendered by the Authority under or by virtue of this Act, other than Part 6A or 6B, or any other written law; [Act 36 of 2022 wef 01/04/2023] ( d ) the offences which may be compounded under section 44. [38 [18/2014]


document_id: adba-1966
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agreement” means the Agreement for the establishment and operation of the international body known as the Asian Development Bank; “Article” means Article of the Agreement; “Bank” means the Asian Development Bank established under the Agreement; “Minister” means the Minister for Finance.


document_id: adba-1966
provision_ref: s3
section: 3
title: Deposit of instrument of ratification
content:
3. The President is hereby authorised by instrument under his hand to empower such person as may be named in such instrument, on behalf of the Government, to deposit with the Secretary‑General of the United Nations an instrument of ratification of the Agreement stating that the Government has accepted the Agreement in accordance with the law of Singapore and has taken all steps necessary to enable the Government to carry out all its obligations under the Agreement.


document_id: adba-1966
provision_ref: s4
section: 4
title: Power to subscribe to shares of Bank
content:
4. The Minister is hereby authorised to subscribe on behalf of the Government — ( a ) to shares of the original authorised capital stock of the Bank in accordance with paragraph 1 of Article 5 to such amount as will not exceed US$5 million; ( b ) where the original authorised capital stock of the Bank is increased in accordance with paragraph 2 of Article 5, to a proportion of the increase of stock as provided in that paragraph; and ( c ) where the shares of Singapore have been increased at the request of the Government in accordance with paragraph 3 of Article 5, to the amount of such increase: Provided that the subscription of Singapore shall not be increased, except with the approval signified by resolution of Parliament, so that its total subscription exceeds the sum of US$10 million.


document_id: adba-1966
provision_ref: s5
section: 5
title: Sums payable to Bank to be charged on Consolidated Fund
content:
5. —(1) There shall be charged on the Consolidated Fund — ( a ) all sums payable to the Bank by way of subscription to its paid-in capital stock as provided in paragraph 1 of Article 6; ( b ) all sums payable to the Bank by way of subscription to its callable capital stock as and when required by the Bank, as provided in paragraph 5 of Article 6; ( c ) all sums payable to the Bank by way of increase of the shares of the Bank’s capital stock subscribed by the Government in accordance with paragraphs 2 and 3 of Article 5; ( d ) all sums payable to the Bank under any other provisions of the Agreement; and ( e ) all sums required for the redemption of any notes or obligations created and issued to the Bank under section 7. (2) All sums charged on the Consolidated Fund under this section may be paid in gold or United States dollars or in local currency.


document_id: adba-1966
provision_ref: s6
section: 6
title: Power to raise loans
content:
6. For the purposes of providing any sums required for making any payments to the Bank, the Minister with the President’s concurrence under Article 144(1)( b ) of the Constitution may, on behalf of the Government, raise loans by the creation and issue of securities bearing such rates of interest and subject to such conditions as to repayment, redemption or otherwise as he may think fit, and the principal and interest of such securities and any expenses incurred in connection with their issue shall be charged on and paid out of the Consolidated Fund.


document_id: adba-1966
provision_ref: s7
section: 7
title: Issue of non-negotiable notes and creation of other obligations
content:
7. The Minister with the President’s concurrence under Article 144(1)( b ) of the Constitution may create and issue to the Bank in such form as he thinks fit, any such non‑interest‑bearing and non‑negotiable notes or other obligations as are provided for by paragraph 3 of Article 6.


document_id: adba-1966
provision_ref: s8
section: 8
title: Moneys received by Government to be paid into Consolidated Fund
content:
8. All sums received by or on behalf of the Government from the Bank shall be paid into the Consolidated Fund.


document_id: adba-1966
provision_ref: s9
section: 9
title: Certain provisions of Agreement to have force of law
content:
9. —(1) Notwithstanding anything to the contrary in any other law, the provisions of the Agreement set out in the Schedule shall have the force of law: Provided that nothing in Article 56 of the Agreement shall be construed as — ( a ) entitling the Bank to import into Singapore goods free of any customs duty without any restriction on their subsequent sale therein; ( b ) conferring on the Bank any exemption from taxes or duties which form part of the price of goods sold; or ( c ) conferring on the Bank any exemption from taxes or duties which are in fact no more than charges for services rendered. (2) The Minister may, by notification in the Gazette , amend the Schedule in conformity with any amendments to the provisions of the Agreement set out therein which may hereafter be duly made and adopted.


document_id: adba-1966
provision_ref: s10
section: 10
title: Companies Act shall not apply to Bank and to issue by Bank of shares, debentures, etc.
content:
10. The Bank shall be deemed not to be a corporation within the meaning of the Companies Act 1967; and the provisions of that Act shall not accordingly apply to the Bank or to the issue by the Bank of any shares, debentures, bonds, notes or other securities.


document_id: adba-1966
provision_ref: s11
section: 11
title: Power to make rules
content:
11. —(1) The Minister may make rules for the purpose of carrying out the provisions of this Act. (2) Such rules shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.


document_id: aela-1993
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “English enactment” means an enactment of the Parliament of England, the Parliament of Great Britain or the Parliament of the United Kingdom; “local Act” means an Act of the Parliament of Singapore and includes any Ordinance or Act of Singapore or of Malaysia having the force of law in Singapore.


document_id: aela-1993
provision_ref: s3
section: 3
title: Application of common law and equity
content:
3. —(1) The common law of England (including the principles and rules of equity), so far as it was part of the law of Singapore immediately before 12 November 1993, continues to be part of the law of Singapore. (2) The common law continues to be in force in Singapore, as provided in subsection (1), so far as it is applicable to the circumstances of Singapore and its inhabitants and subject to such modifications as those circumstances may require.


document_id: aela-1993
provision_ref: s4
section: 4
title: Application of English enactments
content:
4. —(1) Subject to the provisions of this section and of any other written law, the following English enactments, with the necessary modifications, apply or continue to apply in Singapore: ( a ) the English enactments specified in the second and third columns of the First Schedule to the extent specified in the fourth column thereof; and ( b ) any other English enactment which applies to or is in force in Singapore by virtue of any written law. (2) The English enactments specified in Part 2 of the First Schedule are the enactments as they are in force as at 12 November 1993, subject to the exceptions specified in the fourth column of that Part and to the amendments specified in Part 3 of that Schedule. (3) To the extent to which any of the provisions of any English enactment is inconsistent with the provisions of any local Act in force at or after 12 November 1993, the provisions of the local Act prevail. (4) In relation to any English enactment specified in the First Schedule, unless the context otherwise requires — ( a ) any reference to the United Kingdom is to be read as a reference to Singapore; ( b ) any reference to the High Court is to be read as a reference to the General Division of the High Court in Singapore; ( c ) any reference to a County Court is to be read as a reference to a District Court in Singapore; ( d ) any reference to the holder of an office is to be read as a reference to the holder of the corresponding office in Singapore; ( e ) any reference to a statute or a statutory provision, where applicable, is to be read as a reference to the corresponding statute or statutory provision in Singapore; and ( f ) any reference or provision relating to Scotland or Northern Ireland or to any enactment relating to Scotland or Northern Ireland is to be disregarded. [40/2019]


document_id: aela-1993
provision_ref: s5
section: 5
title: Other enactments not part of law of Singapore
content:
5. —(1) Except as provided in this Act, no English enactment is part of the law of Singapore. (2) Where any English enactment ceases by virtue of this Act to be part of the law of Singapore, the Interpretation Act 1965 applies as it would apply on the repeal of an Act of the Parliament of Singapore.


document_id: aela-1993
provision_ref: s6
section: 6
title: Repeal
content:
6. —(1) Subject to subsection (2), section 5 of the Civil Law Act (Cap. 43, 1988 Revised Edition) is repealed. (2) In respect of any proceedings instituted or any cause of action accruing before 12 November 1993, section 5 of the Civil Law Act (Cap. 43, 1988 Revised Edition) continues to apply as if it had not been repealed by this Act. (3) The Voluntary Conveyances Act (Cap. 346, 1985 Revised Edition) is repealed.


document_id: aela-1993
provision_ref: s7
section: 7
title: Miscellaneous amendments
content:
7. The local Acts specified in the Second Schedule are amended in the manner provided in that Schedule.


document_id: aela-1993
provision_ref: s8
section: 8
title: Modification Orders
content:
8. The Minister may, on the advice of the Law Revision Commissioners and where the Minister considers it necessary or expedient for the purpose of removing any difficulty arising from local conditions or circumstances in the application of any provision in any English enactment specified in the First Schedule, by order modify or substitute that provision.


document_id: aela-1993
provision_ref: s9
section: 9
title: Revised edition of English enactments
content:
9. —(1) The Law Revision Commissioners appointed under the Revised Edition of the Laws Act 1983 may prepare and publish a revised edition of any English enactment specified in the First Schedule so as to bring the enactment into conformity with the local Acts. (2) In preparing a revised edition under subsection (1), the Commissioners have all the powers under section 4 of the Revised Edition of the Laws Act 1983. (3) The Commissioners must transmit to the President a copy of any revised edition of an English enactment published under this section and with effect from such date as the President may specify by order in the Gazette any such revised edition is, in all courts and for all purposes, the sole and only proper law of Singapore in respect of that enactment. (4) Every revised edition of an English enactment must, as soon as possible after the publication of such order, be presented to Parliament. (5) Where a revised edition of any English enactment has been published under this section, the Commissioners may, from time to time if they consider necessary, issue a subsequent revised edition of that enactment. (6) The Commissioners must cause every revised edition of an English enactment to be published in the form of a booklet or in loose‑leaf form. [2/2012] (7) The Commissioners may also cause a revised edition of any English enactment that is or has been published in accordance with subsection (6) to be published in electronic form. [2/2012] (8) Despite subsections (3) and (6), any English enactment published in electronic form under subsection (7) may, in all courts and for all purposes, be taken and accepted as prima facie evidence of the proper law of Singapore in respect of that enactment. [2/2012] (9) Where there is any discrepancy or inconsistency between a revised edition of any English enactment published in the form of a booklet or in loose‑leaf form and the same revised edition of that English enactment published in electronic form, the revised edition published in the form of a booklet or in loose‑leaf form prevails. [2/2012]


document_id: agafa-2014
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “administrative decision” means a decision of an administrative character which is, is proposed to be, or is required to be, made (whether or not in the exercise of a discretion and whether before, on or after 1 January 2015) under any public Act; “instrument of legislative character” includes an instrument of legislative character made before 1 January 2015 under any public Act; “judicial review” includes proceedings instituted by way of — ( a ) an application in respect of an administrative decision for a Mandatory Order, Prohibiting Order or Quashing Order, or in respect of an instrument of legislative character for a Quashing Order; or ( b ) an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any administrative decision or instrument of legislative character; “relevant statutory board” means any statutory board specified in the Schedule; “statutory board” means a body corporate or unincorporate established by or under any public Act to perform or discharge a public function.


document_id: agafa-2014
provision_ref: s3
section: 3
title: Representing relevant statutory boards in judicial review and related court proceedings
content:
3. —(1) The Attorney‑General may represent a relevant statutory board in — ( a ) a judicial review instituted by any person in respect of an administrative decision or instrument of legislative character of the relevant statutory board; and ( b ) any proceedings in court (however instituted) for a liquidated sum, damages, equitable relief or restitution if a Mandatory Order, Prohibiting Order, Quashing Order or declaration is made pursuant to the judicial review, if — ( c ) the relevant statutory board makes a request to the Attorney‑General for such representation; ( d ) the Minister charged with the responsibility for the relevant statutory board consents to such representation; ( e ) the Attorney‑General is of the opinion that the Government and the relevant statutory board have no conflicting interests in the matter; and ( f ) the Attorney‑General is of the opinion that such representation is not contrary to the public interest. (2) Any decision made by the Attorney‑General to, or not to, represent a relevant statutory board pursuant to subsection (1) is final and conclusive.


document_id: agafa-2014
provision_ref: s4
section: 4
title: Representing relevant statutory boards in other court proceedings
content:
4. —(1) The Attorney‑General may represent a relevant statutory board in other proceedings in court (however instituted) not mentioned in section 3(1), if — ( a ) the relevant statutory board makes a request to the Attorney‑General for such representation; ( b ) the Minister charged with the responsibility for the relevant statutory board consents to such representation; ( c ) the Attorney‑General is of the opinion that the Government and the relevant statutory board have no conflicting interests in the matter; and ( d ) the Attorney‑General is of the opinion that the proceedings concern a matter of public importance. (2) Any decision made by the Attorney‑General to, or not to, represent a relevant statutory board pursuant to subsection (1) is final and conclusive.


document_id: agafa-2014
provision_ref: s5
section: 5
title: Fees
content:
5. The Attorney‑General may require a relevant statutory board to pay a fee of such reasonable amount as the Attorney‑General determines for representing the relevant statutory board in any proceedings in court mentioned in section 3 or 4, and that fee is to be a charge on the funds of that statutory board.


document_id: ahpa-2011
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “allied health professional” means a person who has a professional qualification in any of the allied health professions listed in the First Schedule; “allied health professional with conditional registration” means a person registered as such under a provision of this Act; “allied health professional with full registration” means a person registered as such under a provision of this Act; “allied health professional with restricted registration” means a person registered as such under a provision of this Act; “allied health professional with temporary registration” means a person registered as such under a provision of this Act; “certificate of registration” means a certificate of registration issued by the Council under section 22; “Council” means the Allied Health Professions Council established under section 6; [ Deleted by Act 11 of 2023 wef 01/05/2023 ] “institution of higher learning” includes a polytechnic or university; “layperson” means any person other than a healthcare professional; “medical practitioner” means a person who is registered under the Medical Registration Act 1997 and includes a person deemed to be so registered under section 72(1) of that Act; “member” means a member of the Council; “practising certificate” means a practising certificate issued under section 23; “prescribed allied health profession” means any of the allied health professions set out in the first column of the Second Schedule; “president” means the president of the Council; “register” means any of the registers mentioned in section 14(1); “registered allied health professional” means an allied health professional with full, restricted, conditional or temporary registration; “Registrar” means the Registrar of the Council; “regulations” means the regulations made under section 75.


document_id: ahpa-2011
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Duly qualified allied health professional
content:
3. In this Act and any other written law, unless the context otherwise requires, “duly qualified allied health professional”, or any expression importing a person recognised by law as a member of one of the prescribed allied health professions, means a person who is a registered allied health professional and has a valid practising certificate.


document_id: ahpa-2011
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Amendment of Schedules
content:
5. —(1) The Minister may, after consultation with the Council, by order in the Gazette , amend the First or Second Schedule. (2) The Minister may prescribe in an order amending the Second Schedule such transitional provisions as may be necessary or expedient. (3) Every order amending the Second Schedule must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ahpa-2011
provision_ref: s6
chapter: PART 2 - ALLIED HEALTH PROFESSIONS COUNCIL
section: 6
title: Establishment of Allied Health Professions Council
content:
6. —(1) A body called the Allied Health Professions Council is established, which consists of — ( a ) the Director‑General of Health, or the representative nominated by the Director‑General of Health and approved by the Minister; [Act 11 of 2023 wef 01/05/2023] ( b ) the Director‑General of Education, or the representative nominated by the Director‑General of Education and approved by the Minister; ( c ) the Registrar; and ( d ) the following persons, each appointed by the Minister: (i) at least one allied health professional with full registration from each of the prescribed allied health professions who has at least 10 years’ experience in that profession; and (ii) 2 other persons. (2) The members appointed under subsection (1)( d ) hold office for a term not exceeding 3 years and are eligible for re‑appointment. (3) The Minister may, at any time, revoke the appointment of any member appointed under subsection (1)( d ) without giving any reason.


document_id: ahpa-2011
provision_ref: s7
chapter: PART 2 - ALLIED HEALTH PROFESSIONS COUNCIL
section: 7
title: Functions of Council
content:
7. The functions of the Council are — ( a ) to approve or reject applications for registration under this Act and to approve any such applications subject to such conditions and restrictions as it may think fit; ( b ) to issue practising certificates to registered allied health professionals; ( c ) to accredit programmes for, and providers of, the training and assessment of persons seeking to become registered allied health professionals; ( d ) to accredit programmes for, and providers of, the continuing professional education of registered allied health professionals; ( e ) to determine and regulate the standards of practice, competence, conduct and ethics of registered allied health professionals; ( f ) to keep and maintain the registers; ( g ) to coordinate and supervise the activities of the committees and professional boards appointed under section 12; and ( h ) generally to do all such acts, matters and things as are necessary or authorised to be carried out under or for the purposes of this Act.


document_id: ahpa-2011
provision_ref: s8
chapter: PART 2 - ALLIED HEALTH PROFESSIONS COUNCIL
section: 8
title: President of Council
content:
8. —(1) The Minister must appoint one of the members as the president of the Council. (2) The president is to preside at any meeting of the Council and, in his or her absence, the members present may elect a member to preside at that meeting.


document_id: ahpa-2011
provision_ref: s9
chapter: PART 2 - ALLIED HEALTH PROFESSIONS COUNCIL
section: 9
title: Disqualifications from membership of Council
content:
9. —(1) Despite anything in section 6(1), a person must not, or must not continue to, hold office as a member if — ( a ) he or she is not a citizen or a permanent resident of Singapore; ( b ) he or she is an undischarged bankrupt; ( c ) he or she has been convicted in Singapore or elsewhere of any offence involving fraud, dishonesty or moral turpitude or implying a defect in character which makes him or her unfit for his or her profession; ( d ) he or she has been found guilty in Singapore or elsewhere of any improper act or conduct which brings disrepute to his or her profession; ( e ) he or she has been found guilty in Singapore or elsewhere of professional misconduct; or ( f ) for medical reasons, the person is unable to perform his or her duties as a member, as assessed by a medical practitioner. (2) The Minister may waive the disqualification in subsection (1)( a ) in respect of any particular member.


document_id: ahpa-2011
provision_ref: s10
chapter: PART 2 - ALLIED HEALTH PROFESSIONS COUNCIL
section: 10
title: Filling of vacancies
content:
10. —(1) The office of a member becomes vacant if the member — ( a ) dies; ( b ) resigns his or her office; ( c ) becomes subject to any of the disqualifications in section 9, unless (in the case of the disqualification in section 9(1)( a )) the Minister has waived the disqualification in respect of the member; or ( d ) has his or her appointment revoked before the expiry of the term for which he or she has been appointed. (2) The Minister may remove from office any member who is absent without leave of the Council from 3 consecutive meetings of — ( a ) the Council; ( b ) any committee of the Council (including a Complaints Committee, a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee) of which he or she is a member; or ( c ) any professional board appointed under section 12 of which he or she is a member. (3) Any question as to whether a person has ceased to be a member is to be determined by the Minister whose decision is final. (4) If any vacancy arises among the appointed members, the Minister may appoint a person to fill the vacancy in the manner in which the appointment to the vacant office was made, and that person is to hold office for as long as the member in whose place he or she was appointed would have held office. (5) No act done by or under the authority of the Council is invalid in consequence of any defect that is afterwards discovered in the appointment or qualification of the members or any of them.


document_id: ahpa-2011
provision_ref: s11
chapter: PART 2 - ALLIED HEALTH PROFESSIONS COUNCIL
section: 11
title: Meetings of Council and payment of members
content:
11. —(1) The Council must meet at such times and places as the president or the Registrar may appoint. (2) The quorum at every meeting of the Council is one third of the total number of members or 4 members, whichever is the higher; and no business is to be transacted at any meeting unless a quorum is present. (3) The president or member presiding at any meeting of the Council has an original vote and, in the case of an equality of votes, a casting vote. (4) Subject to subsection (2), the Council may act despite any vacancy in the membership of the Council. (5) Subject to the provisions of this Act, the Council may regulate its own procedure. (6) The Council must keep minutes of its proceedings in such form or manner as it thinks fit. (7) The members of the Council and members of any committee or professional board appointed by the Council (including a Complaints Committee, a Disciplinary Tribunal, a Health Committee and an Interim Orders Committee) are to be paid such fees as may be approved by the Minister. (8) Where a member mentioned in subsection (7) is an employee, the payment mentioned in that subsection may be made to his or her employer or directly to the member.


document_id: ahpa-2011
provision_ref: s12
chapter: PART 2 - ALLIED HEALTH PROFESSIONS COUNCIL
section: 12
title: Appointment and establishment of committees and professional boards and delegation of powers
content:
12. —(1) The Council may — ( a ) appoint one or more committees; and ( b ) with the approval of the Minister, appoint one or more professional boards, for any general or special purpose which in the opinion of the Council may be better dealt with or managed by a committee or professional board. (2) The purpose mentioned in subsection (1) includes the making of recommendations on any decision to be made by the Council under this Act. (3) The Council may also — ( a ) delegate to any professional board so appointed any of its powers or functions (other than its power under section 75) relating to the registration of allied health professionals, the accreditation of programmes for the continuing professional education of registered allied health professionals and the training and assessment of persons seeking to be so registered, and the accreditation of providers of such education, training or assessment, with or without restrictions or conditions as the Council thinks fit; and ( b ) delegate to any committee so appointed any of its other powers or functions (except the power of delegation conferred by this subsection and the powers under sections 73 and 75), with or without restrictions or conditions as the Council thinks fit. (4) The number and term of office of the members of a committee or professional board appointed under this section and the number of those members necessary to form a quorum are to be fixed by the Council. (5) A committee or professional board appointed under this section may include persons who are not members of the Council. (6) The Council may continue to exercise any power conferred on it or perform any function under this Act despite the delegation of such power or function under this section.


document_id: ahpa-2011
provision_ref: s13
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 13
title: Registrar of Council
content:
13. —(1) For the purposes of this Act, the Minister must appoint a public officer to be the Registrar of the Council. (2) The Minister may appoint a Deputy Registrar to assist the Registrar in carrying out the Registrar’s functions and duties under this Act. (3) The Registrar may, subject to such conditions or restrictions as the Registrar thinks fit, delegate to the Deputy Registrar any of the Registrar’s powers or functions under this Act, except the power of delegation conferred by this subsection. (4) The Registrar may continue to exercise any power conferred on him or her or perform any function under this Act despite the delegation of the power or function under this subsection. (5) Other than the Registrar’s functions under this Act, the Registrar has such other functions as may be prescribed.


document_id: ahpa-2011
provision_ref: s14
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 14
title: Registers
content:
14. —(1) The Registrar must maintain and keep the following registers: ( a ) a register called “The Register of Allied Health Professionals with Full Registration”, which is divided into parts, with one part corresponding to every prescribed allied health profession and containing the particulars mentioned in subsection (2) of persons who are registered as allied health professionals with full registration in that profession; ( b ) a register called “The Register of Allied Health Professionals with Restricted Registration”, which is divided into parts, with one part corresponding to every prescribed allied health profession and containing the particulars mentioned in subsection (2) of persons who are registered as allied health professionals with restricted registration in that profession; ( c ) a register called “The Register of Allied Health Professionals with Conditional Registration”, which is divided into parts, with one part corresponding to every prescribed allied health profession and containing the particulars mentioned in subsection (2) of persons who are registered as allied health professionals with conditional registration in that profession; ( d ) a register called “The Register of Allied Health Professionals with Temporary Registration”, which is divided into parts, with one part corresponding to every prescribed allied health profession and containing the particulars mentioned in subsection (2) of persons who are registered as allied health professionals with temporary registration in that profession. (2) The particulars of every registered allied health professional to be contained in a part of a register are the following: ( a ) his or her name and residential address; ( b ) the address of his or her current place of practice; ( c ) the date of the registration of the person in that part of the register; ( d ) the qualification by virtue of which he or she is registered and the date he or she obtained that qualification; and ( e ) such other particulars as the Council may determine for that part of the register. (3) The Registrar is responsible for the maintenance and custody of the registers. (4) Subject to subsection (6), every person whose name is entered in a register must inform the Registrar in writing of — ( a ) any change in his or her name or residential address; ( b ) any change in his or her practice address or such of his or her other particulars as may be prescribed; or ( c ) any change of or addition to his or her qualification, within 28 days after such change or addition. (5) Any person who contravenes subsection (4)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (6) A person who makes a report of a change in his or her residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (4)( a ) on the date that he or she makes the report. (7) The Registrar may disclose any information in the registers to any person prescribed by regulations, if such disclosure is in accordance with such conditions as may be specified in those regulations. (8) Subsection (7) is without prejudice to any other right or duty to disclose the information under general or written law.


document_id: ahpa-2011
provision_ref: s15
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 15
title: Alterations in registers
content:
15. —(1) The Registrar must — ( a ) insert in the appropriate register any alteration which may come to the Registrar’s knowledge to any particulars or qualifications of any registered allied health professional; ( b ) correct any error in a register; and ( c ) remove from the appropriate register the name of any person — (i) whose name is ordered to be removed under any provision of this Act; (ii) who is deceased; (iii) who has requested and shown sufficient reason for the person’s name to be removed from that register, unless an inquiry has or proceedings have commenced under Part 5 against that person; or (iv) whose registration has lapsed. (2) The Registrar may remove from the appropriate register the name of a person who has not renewed his or her practising certificate for a continuous period of not less than 2 years.


document_id: ahpa-2011
provision_ref: s16
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 16
title: Full registration
content:
16. —(1) Subject to the provisions of this Act, a person who is or was an allied health professional with conditional registration in a prescribed allied health profession under section 18(1)( a ) may be registered as an allied health professional with full registration in that profession if the person — ( a ) has, to the satisfaction of the Council, complied with the conditions and restrictions imposed on his or her registration under section 18(5); and ( b ) satisfies such other requirements as the Council may, with the approval of the Minister, prescribe. (2) Despite subsection (1), a person who — ( a ) holds any qualification recognised by the Council for the purposes of this subsection; and ( b ) satisfies the Council that he or she has the knowledge and skill and sufficient experience in a prescribed allied health profession, may, if the Council thinks fit so to direct, be registered as an allied health professional with full registration in that prescribed allied health profession. (3) Despite subsections (1) and (2), the Council may, if it is of the view that it is not in the public interest for a person mentioned in either of those subsections to be registered as an allied health professional with full registration, direct that the person be registered — ( a ) provided section 17(1) is satisfied, as an allied health professional with restricted registration in any prescribed allied health profession, and section 17(2) and (3) applies accordingly; or ( b ) as an allied health professional with conditional registration in any prescribed allied health profession, and section 18(4) to (9) applies accordingly.


document_id: ahpa-2011
provision_ref: s17
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 17
title: Restricted registration
content:
17. —(1) Subject to the provisions of this Act, a person may, if the Council thinks fit so to direct, be registered as an allied health professional with restricted registration in a prescribed allied health profession if, in the opinion of the Council, the person is competent to practise independently only in a branch or an area of that profession or at a particular establishment or description of establishments, because of — ( a ) the nature, extent, period or recency of his or her previous practice of that profession; ( b ) the nature, extent, period or recency of his or her training in that profession; ( c ) his or her physical or mental health; or ( d ) any other reason. (2) A person may be registered under subsection (1) subject to such conditions and restrictions as the Council may impose. (3) Without limiting subsection (2), the Council may impose the following conditions and restrictions: ( a ) the particular employment or description of employment for the purposes of which the person is registered; ( b ) the particular establishment or description of establishments in which the person may practise the prescribed allied health profession; ( c ) the particular branch or area of the prescribed allied health profession in which the person may practise.


document_id: ahpa-2011
provision_ref: s18
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 18
title: Conditional registration
content:
18. —(1) Subject to the provisions of this Act, a person may, if the Council thinks fit so to direct, be registered as an allied health professional with conditional registration in a prescribed allied health profession if the person — ( a ) holds such qualification in that profession conferred by an institution of higher learning in Singapore as may be prescribed; ( b ) holds such qualification in that profession conferred by an institution of higher learning outside Singapore as may be prescribed; or ( c ) holds such other qualification in that profession which is in the opinion of the Council not lower in standing than a qualification mentioned in paragraph ( a ) or ( b ), and the person satisfies the Council that he or she has the knowledge and skills and has acquired the experience which is necessary for the practice of that profession, and the person has been selected for employment in Singapore as an allied health professional in an establishment approved by the Council. (2) For the purpose of satisfying itself that a qualification in subsection (1)( c ) is not lower in standing than a qualification mentioned in subsection (1)( a ) or ( b ), the Council may require a person to undergo and pass an examination conducted or arranged by the Council or by such other person as the Council may appoint. (3) Despite subsection (1), a person who — ( a ) holds any qualification recognised by the Council for the purposes of this subsection; ( b ) satisfies the Council that he or she has particular specialised knowledge and skill, and sufficient experience, in the practice of a prescribed allied health profession or any branch thereof; and ( c ) has been selected for employment in Singapore as an allied health professional in an establishment approved by the Council, may, if the Council thinks fit so to direct, be registered as an allied health professional with conditional registration in that prescribed allied health profession. (4) The Council may register a person under subsection (1) or (3) for such period as the Council thinks fit, and the registration may be renewed, at the discretion of the Council, for such further period or periods as the Council thinks fit. (5) A person may be registered under subsection (1) subject to such conditions and restrictions as the Council may impose. (6) Without limiting subsection (5), the Council may impose the following conditions and restrictions: ( a ) the person must work for a specified period in such establishment and under the supervision of such allied health professional who is registered with full or restricted registration in the same prescribed allied health profession as that of the person, as the Council may approve in order to acquire practical experience of such nature as the Council may determine; ( b ) the degree of the supervision mentioned in paragraph ( a ) must meet such requirements as the Council may specify; ( c ) the person’s performance is subject to review by such allied health professional who is registered in the same prescribed allied health profession as that of the person, or by such healthcare professional, as the Council may approve; ( d ) the particular employment or description of employment for the purposes of which the person is registered; ( e ) the particular establishment or description of establishments in which the person may practise the prescribed allied health profession; ( f ) the particular branch or area of the prescribed allied health profession in which the person may practise. (7) Without limiting sections 16 and 17, a person who is or has been registered as an allied health professional with conditional registration may, upon the revocation or lapsing of all the conditions and restrictions imposed under subsection (5), apply to the Council to be registered as an allied health professional with full or restricted registration, and section 16 or 17 (as the case may be) applies accordingly. (8) On an allied health professional with conditional registration becoming any other type of registered allied health professional, his or her name must be removed from the Register of Allied Health Professionals with Conditional Registration. (9) Except with the approval of the Council, a person who has been an allied health professional with conditional registration in a prescribed allied health profession must not be registered again as such in the same profession.


document_id: ahpa-2011
provision_ref: s19
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 19
title: Temporary registration
content:
19. —(1) Subject to the provisions of this Act, a person — ( a ) who is in Singapore for the exclusive purpose of teaching, research or postgraduate study in a prescribed allied health profession in an institution approved for that purpose by the Council; ( b ) who possesses knowledge, experience and skill in a prescribed allied health profession which the Council considers to be of international standing or are such as to have special value to the people of Singapore; or ( c ) who is not otherwise entitled to be registered as a registered allied health professional under section 16(1) or (2), 17(1) or 18(1) or (3) but who, in the opinion of the Council, possesses other qualifications and experience in a prescribed allied health profession which are adequate for the purposes of registration under this section, may be registered as an allied health professional with temporary registration in that profession for so long as the person continues to engage himself or herself exclusively in teaching, research or postgraduate study in that profession under such approved training scheme in such approved institution, or in such healthcare capacity, as the Council may specify. (2) The Council may require a person seeking registration under subsection (1) to sit for and pass such examination as may be prescribed by the Council. (3) Any registration under subsection (1) is for a period not exceeding 2 years which may be renewed, at the discretion of the Council, for a further period or periods each not exceeding 12 months. (4) A person may be registered under subsection (1) subject to such conditions and restrictions as the Council may impose. (5) Without limiting subsection (4), the Council may impose the following conditions and restrictions: ( a ) the person must work for a specified period in such establishment and under the supervision of such allied health professional who is registered with full or restricted registration in the same prescribed allied health profession as that of the person, as the Council may approve; ( b ) the degree of the supervision mentioned in paragraph ( a ) must meet such requirements as the Council may specify; ( c ) the person’s performance is subject to review by such allied health professional who is registered in the same prescribed allied health profession as that of the person, or by such healthcare professional, as the Council may approve; ( d ) the particular employment or description of employment for the purposes of which the person is registered; ( e ) the particular establishment or description of establishments in which the person may practise the prescribed allied health profession; ( f ) the particular branch or area of the prescribed allied health profession which the person may practise.


document_id: ahpa-2011
provision_ref: s20
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 20
title: Power to amend, vary, rescind, revoke or suspend condition or restriction
content:
20. To avoid doubt, the power of the Council to impose a condition or restriction under section 17, 18 or 19 includes the power to amend, vary, rescind, revoke or suspend that condition or restriction.


document_id: ahpa-2011
provision_ref: s21
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 21
title: Application for registration
content:
21. —(1) An application for registration must be made in such form and manner as the Council may determine and must be accompanied by — ( a ) such documents and particulars as the Council may require; and ( b ) such fees as the Council may prescribe. (2) Before registering an applicant, the Council may require the applicant to submit himself or herself to a medical examination by a medical practitioner approved by the Council to determine if the applicant is fit to practise as a registered allied health professional. (3) The costs of any medical examination mentioned in subsection (2) must be borne by the applicant. (4) Subject to subsection (5), where an applicant has complied with subsection (1) and any requirement of the Council mentioned in subsection (2), the Council may register him or her under section 16, 17, 18 or 19. (5) The Council may refuse to register any applicant who — ( a ) has had his or her registration as an allied health professional (or its equivalent) in any other country withdrawn, suspended or cancelled; or ( b ) in the opinion of the Council — (i) is not eligible to be registered; (ii) is not of good reputation and character; (iii) is unfit to practise — (A) because his or her ability to practise has been impaired by reason of his or her physical or mental condition; or (B) for any other reason; (iv) has failed without reasonable cause to submit to a medical examination when required to do so under subsection (2); (v) has failed to comply with any condition or restriction of any previous registration that may have been imposed on him or her by the Council; or (vi) should not be registered because this would not be in the public interest. (6) Where the Council refuses to register an applicant, the Council must by written notice inform the applicant of the refusal. (7) Any person who is aggrieved by any refusal of the Council under subsection (5) may, within 30 days of the notice given under subsection (6), appeal to the Minister whose decision is final. (8) For the purposes of subsection (1), the Council may prescribe different fees for different classes of applicants.


document_id: ahpa-2011
provision_ref: s22
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 22
title: Certificate of registration
content:
22. Upon the registration of a person, the Council must issue to the person a certificate of registration and specify in the certificate the prescribed allied health profession for which the person is registered.


document_id: ahpa-2011
provision_ref: s23
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 23
title: Practising certificate
content:
23. —(1) A registered allied health professional who desires to obtain a practising certificate for the prescribed allied health profession for which he or she is to be registered must make an application to the Council in such form and manner as the Council may require. (2) The application must be accompanied by the prescribed fee. (3) A practising certificate is valid for such period as the Council may determine. (4) An application for the renewal of a practising certificate must be made no later than 30 days before the expiry of the practising certificate and must be made in such form and manner as the Council may prescribe. (5) A registered allied health professional who applies for a practising certificate later than 30 days before the expiry of the practising certificate shall be liable to pay to the Council such late application fee as may be prescribed. (6) The Council may — ( a ) refuse to grant a practising certificate to a registered allied health professional; or ( b ) refuse to renew the practising certificate of the registered allied health professional, if the registered allied health professional fails to comply with any condition that is prescribed by the Council with the approval of the Minister for the purposes of this section. (7) Without limiting subsection (6) and section 75(2)( d ), the Council may, with the approval of the Minister, prescribe conditions that require an applicant for the grant or renewal of a practising certificate to — ( a ) submit such information or declaration (including a statutory declaration) as the Council may require; and ( b ) comply with such continuing professional education requirements as may be prescribed. (8) Where a person’s practising certificate is suspended or cancelled under any provision of this Act, he or she must surrender the certificate to the Council within 14 days after the suspension or cancellation. (9) If a person’s registration has lapsed or the person has had his or her name removed from a register or his or her registration suspended under any provision of this Act, any practising certificate issued to him or her is deemed to be cancelled and he or she must surrender the practising certificate to the Council within 14 days after the lapse, removal or suspension. (10) Any person who fails to comply with subsection (8) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: ahpa-2011
provision_ref: s24
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 24
title: Publication of list of duly qualified allied health professionals
content:
24. The Registrar must publish on the Council’s Internet website, or on such other medium which is accessible to members of the public as the Minister may require, a list of the names, practice addresses, qualifications and dates of qualifications and registration of all duly qualified allied health professionals.


document_id: ahpa-2011
provision_ref: s25
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 25
title:
Registered allied health professionals to use only qualifications entered in registers and approved titles, etc.

content:
25. —(1) A registered allied health professional must not — ( a ) use or exhibit or publish in any card, letter, stationery, nameplate, signboard, placard, circular, handbill or any notice displayed at the premises used by him or her for the practice of any prescribed allied health profession any qualification other than the qualifications which are entered against his or her name in the appropriate register or which has been approved by the Council; or ( b ) use any title, addition or designation other than the title, addition or designation which has been approved by the Council. (2) Any registered allied health professional who contravenes subsection (1) may be subject to disciplinary proceedings under this Act.


document_id: ahpa-2011
provision_ref: s26
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 26
title: Power of Council to remove names from registers
content:
26. —(1) Despite the provisions of this Act, the Council may, upon such evidence as it may require, order the removal from the appropriate register of the name of a registered allied health professional under any of the following circumstances: ( a ) if he or she has been registered with restricted, conditional or temporary registration, and has failed to comply with any condition or restriction to which his or her registration is subject; ( b ) if he or she has been registered with conditional or temporary registration, and the Council is of the opinion, having regard to any review by a person mentioned in section 18(6)( c ) or 19(5)( c ) (as the case may be), that he or she is unable to perform the duties of an allied health professional with conditional or temporary registration (as the case may be) satisfactorily; ( c ) if he or she has been registered with conditional registration and the Council is of the opinion, having regard to a report of an allied health professional supervising him or her pursuant to a condition mentioned in section 18(6)( a ), that he or she is unable to perform the duties of an allied health professional with conditional registration satisfactorily; ( d ) if he or she has obtained his or her registration fraudulently or by an incorrect statement; ( e ) if his or her qualification for registration under this Act has been withdrawn or cancelled by the authority or institution of higher learning through which it was acquired or by which it was awarded; ( f ) if he or she has had his or her registration (or its equivalent) in any other country withdrawn, suspended or cancelled by the authority which registered him or her. (2) The Council must, before exercising its powers under subsection (1), notify the registered allied health professional concerned of its intention to take such action and must give the registered allied health professional an opportunity to submit reasons why his or her name should not be removed. (3) Any person who is aggrieved by any order of the Council under subsection (1) may, within 30 days of being notified of the order, appeal to the Minister whose decision is final.


document_id: ahpa-2011
provision_ref: s27
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 27
title: Restoration of name removed under section 26
content:
27. —(1) Where the name of a person has been removed from a register under section 26(1)( a ), ( b ) or ( c ), the Council may, on its own motion or upon the application by the person — ( a ) direct that his or her name be restored to the appropriate register; or ( b ) register him or her as an allied health professional with restricted, conditional or temporary registration, and section 17(2) and (3), 18(4) to (9) or 19(3), (4) and (5) (as the case may be) applies accordingly. (2) An application under subsection (1) must not be made to the Council more than once in any period of 6 months by or on behalf of the person. (3) An application under subsection (1) must not be made to the Council by or on behalf of the person unless the person has complied with all the terms of the order made against him or her under section 26(1), where applicable.


document_id: ahpa-2011
provision_ref: s28
chapter: PART 3 - REGISTRATION OF ALLIED HEALTH PROFESSIONALS
section: 28
title: Registrar’s certificate
content:
28. A certificate purporting to be under the hand of the Registrar — ( a ) to the effect that at any time or during any period specified in the certificate any person was or was not a registered allied health professional or had or did not have in force a practising certificate; or ( b ) as to any entry in a register, or the removal from a register of any entry, is, in the absence of proof to the contrary, and without further proof of the signature appended to the certificate, sufficient evidence of the matters specified in the certificate.


document_id: ahpa-2011
provision_ref: s29
chapter: PART 4 - OFFENCES
section: 29
title: False assumption of title by non‑duly qualified allied health professional
content:
29. —(1) A person who is not a duly qualified allied health professional shall be guilty of an offence if the person — ( a ) wilfully and falsely pretends to be a duly qualified allied health professional; ( b ) practises any prescribed allied health profession or a branch thereof, under the style or title of an allied health professional from a prescribed allied health profession or under any name, title, addition or description implying that he or she holds any diploma, degree or qualification in a prescribed allied health profession or in a branch thereof; ( c ) takes or uses any name or title set out in the second column of the Second Schedule, or any other word in any language having the same meaning or being to the like intent; ( d ) takes or uses any name, title, sign, uniform, badge, or any other addition or description implying, whether in itself or in the circumstances in which it is used, that he or she is qualified to practise a prescribed allied health profession or a branch thereof; or ( e ) advertises or holds himself or herself out as an allied health professional from a prescribed allied health profession. (2) Subsection (1)( d ) does not apply to any act carried out by a person in the course of the person’s training to become an allied health professional, if that training is done under the supervision of a registered allied health professional and in an establishment approved by the Council. (3) It is a defence for a person charged with an offence under subsection (1)( c ), ( d ) or ( e ) to prove that the person acted without the intention to deceive or to gain any advantage, benefit or financial gain for a business, trade, profession, vocation or employment carried on by the person. (4) Subsection (3) does not apply to a person charged with an offence under subsection (1)( e ) if the person so advertised or held himself or herself out in the prescribed circumstances.


document_id: ahpa-2011
provision_ref: s30
chapter: PART 4 - OFFENCES
section: 30
title: False assumption of title by duly qualified allied health professional
content:
30. —(1) A duly qualified allied health professional shall be guilty of an offence if he or she — ( a ) wilfully and falsely pretends to be a duly qualified allied health professional from any prescribed allied health profession other than the one for which he or she is registered and issued a practising certificate (called in this section the authorised profession); ( b ) practises any prescribed allied health profession or a branch thereof under the style or title of an allied health professional from a prescribed allied health profession other than the authorised profession, or under any name, title, addition or description implying that he or she holds any diploma, degree or qualification in a prescribed allied health profession or a branch thereof other than the authorised profession; ( c ) takes or uses any name or title set out in the second column of the Second Schedule relating to a prescribed allied health profession other than the authorised profession, or any other word in any language having the same meaning or being to the like intent; ( d ) takes or uses any name, title, sign, uniform, badge, or any other addition or description implying, whether in itself or in the circumstances in which it is used, that he or she is qualified to practise a prescribed allied health profession or a branch thereof other than the authorised profession; or ( e ) advertises or holds himself or herself out as an allied health professional from any prescribed allied health profession other than the authorised profession. (2) Subsection (1)( d ) does not apply to any act carried out by a person in the course of the person’s training to become an allied health professional, if that training is done under the supervision of a registered allied health professional and in an establishment approved by the Council. (3) It is a defence for a person charged with an offence under subsection (1)( c ), ( d ) or ( e ) to prove that the person acted without the intention to deceive or to gain any advantage, benefit or financial gain for a business, trade, profession, vocation or employment carried on by the person. (4) Subsection (3) does not apply to a person charged with an offence under subsection (1)( e ) if the person so advertised or held himself or herself out in the prescribed circumstances.


document_id: ahpa-2011
provision_ref: s31
chapter: PART 4 - OFFENCES
section: 31
title: Making representation of another
content:
31. —(1) A person shall be guilty of an offence if the person ( A ) makes, with regard to another person ( B ), any representation which if made by B with the requisite intent, would be an offence by B under section 29 or 30. (2) It is a defence for a person ( A ) charged with an offence under subsection (1) to prove that A acted without the intention to deceive or to gain any advantage, benefit or financial gain for — ( a ) a business, trade, profession, vocation or employment carried on by A or a person on whose behalf A committed the act; or ( b ) if A or the person on whose behalf the act is committed is established for a charitable purpose or for purposes which include a charitable purpose, any activity carried out or service provided by A or the person for that purpose. (3) Where an offence is committed under section 29 or 30 by a person ( A ) acting as an employee, an agent or a partner of another person ( B ), B shall also be guilty of an offence. (4) It is a defence for a person ( B ) charged with an offence under subsection (3) to prove that the firstmentioned offence was committed without B ’s knowledge and that B has taken all reasonable precautions and exercised due diligence to prevent the commission of that offence by A .


document_id: ahpa-2011
provision_ref: s32
chapter: PART 4 - OFFENCES
section: 32
title: Causing or permitting another to make representation of oneself
content:
32. —(1) A person shall be guilty of an offence if the person ( A ) causes or permits another person ( B ) to make any representation about A which, if made by A with the requisite intent, would be an offence under section 29 or 30. (2) It is a defence for a person charged with an offence under subsection (1) to prove that the person acted without the intention to deceive or to gain any advantage, benefit or financial gain for a business, trade, profession, vocation or employment carried on by the person. (3) Subsection (2) does not apply to a person charged with an offence under subsection (1) with respect to a representation referred to in section 29(1)( e ) or 30(1)( e ) if the representation is made in the prescribed circumstances.


document_id: ahpa-2011
provision_ref: s33
chapter: PART 4 - OFFENCES
section: 33
title:
Liability of registered allied health professional for enabling another to act in contravention of section 29 or 30

content:
33. —(1) A registered allied health professional who, by his or her presence, countenance, advice, assistance or cooperation, has knowingly enabled a person, whether described as an assistant or otherwise, to assume a title in contravention of section 29 or 30 shall be guilty of an offence. (2) It is a defence for a person charged with an offence under subsection (1) to prove that — ( a ) the commission of the offence was due to a mistake on the person’s part or to reliance on information supplied to the person or to the act of another person or some other cause beyond the person’s control; and ( b ) the person took all reasonable precautions and exercised due diligence to prevent the commission of the offence.


document_id: ahpa-2011
provision_ref: s34
chapter: PART 4 - OFFENCES
section: 34
title: Suspended persons not to practise prescribed professions during period of suspension
content:
34. —(1) Any person whose registration as a registered allied health professional under this Act has been suspended under Part 5 must not practise in any prescribed allied health profession during the period of suspension. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: ahpa-2011
provision_ref: s35
chapter: PART 4 - OFFENCES
section: 35
title: Fraudulent registration, etc.
content:
35. —(1) A person must not — ( a ) procure or attempt to procure registration as a registered allied health professional under this Act, a certificate of registration or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise; ( b ) wilfully make or cause to be made any false entry in a register; ( c ) forge or alter a certificate of registration or a practising certificate; ( d ) fraudulently or dishonestly use as genuine a certificate of registration or a practising certificate which he or she knows or has reason to believe is forged or altered; or ( e ) buy, sell or fraudulently obtain a certificate of registration or a practising certificate. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: ahpa-2011
provision_ref: s36
chapter: PART 4 - OFFENCES
section: 36
title: General penalty
content:
36. Any person who is guilty of an offence under this Part shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ahpa-2011
provision_ref: s37
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 37
title: Voluntary removal, suspension, etc.
content:
37. —(1) A registered allied health professional who believes that — ( a ) his or her fitness to practise is impaired by reason of his or her physical or mental condition; or ( b ) the quality of the professional services provided by him or her does not meet the standard which is reasonable to expect of an allied health professional, may request the Council to do one or more of the following: ( c ) to remove his or her name from the appropriate register; ( d ) to suspend his or her registration in the appropriate register for a period of not more than 3 years; ( e ) where the registered allied health professional is an allied health professional with full registration, to remove his or her name from the Register of Allied Health Professionals with Full Registration and register him or her as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he or she is registered and with appropriate conditions or restrictions, and section 17(2) and (3) or 18(4) to (9) (as the case may be) applies accordingly; ( f ) where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with Full Registration, to impose appropriate conditions or restrictions on his or her registration; ( g ) to suspend or cancel his or her practising certificate. (2) Subject to this section, if the Council and the registered allied health professional agree in writing on the action to be taken under subsection (1), the Council may proceed with the agreed course of action. (3) The Council must not take any action under this section if — ( a ) it believes that there is evidence of any of the matters mentioned in section 39(1)( a ) or ( b ); or ( b ) proceedings have been commenced under Division 2 of this Part. (4) This section also applies where the Council has notified the registered allied health professional under section 39(3)( b ), except that if the Council and the registered allied health professional are unable to agree on the course of action to be taken under subsection (1), the Council must proceed to refer the matter to the Chairperson of the Complaints Panel under section 39(3)( a ). [S 23/2025] Division 2 &#x2014; Complaints and commencement of inquiry


document_id: ahpa-2011
provision_ref: s38
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 38
title: Appointment of Complaints Panel
content:
38. —(1) For the purpose of enabling Complaints Committees and Disciplinary Tribunals to be constituted in accordance with this Part, the Council must appoint a panel (called in this Act the Complaints Panel) consisting of — ( a ) a Chairperson and one or more Deputy Chairpersons, from among the members of the Council; ( b ) at least 10 and not more than 100 members, who are registered allied health professionals each of whom has at least 10 years’ experience in the practice of a prescribed allied health profession and is not a member of the Council; and ( c ) at least 6 and not more than 50 members, who are laypersons nominated by the Minister. (2) The term of office of a member of the Complaints Panel mentioned in subsection (1)( a ) expires at the end of his or her term of office as member of the Council. (3) The term of office of a member of the Complaints Panel mentioned in subsection (1)( b ) or ( c ) is to be determined by the Council and must not exceed 2 years; and any such member is eligible for re‑appointment. (4) The Council may at any time remove from office any member of the Complaints Panel mentioned in subsection (1)( a ), ( b ) or ( c ) or fill any vacancy in its membership. (5) Any member of the Complaints Panel who is employed in the Ministry of Health is not disqualified from being a member of any Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee by reason only that he or she is so employed.


document_id: ahpa-2011
provision_ref: s39
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 39
title: Complaints against registered allied health professionals, etc.
content:
39. —(1) Any — ( a ) complaint touching on the conduct of a registered allied health professional in his or her professional capacity or on his or her improper act or conduct which brings disrepute to his or her profession; ( b ) information on the conviction of a registered allied health professional of any offence in Singapore or elsewhere involving fraud or dishonesty, or implying a defect in character which makes him or her unfit for his or her profession; ( c ) complaint that the professional services provided by a registered allied health professional is not of the quality which is reasonable to expect of him or her; or ( d ) information touching on the physical or mental fitness to practise of a registered allied health professional, must be made or referred to the Council in writing and supported by such statutory declaration as the Council may require, except that no statutory declaration is required if the complaint or information is made or referred by any public officer or by the Council. (2) The Council must refer every complaint or information, other than a complaint or information touching on the matters mentioned in section 26, to the Chairperson of the Complaints Panel. (3) The Council may, on its own motion — ( a ) make a complaint or refer any information on a registered allied health professional to the Chairperson of the Complaints Panel if it believes that there is evidence of any of the matters mentioned in subsection (1); or ( b ) notify the registered allied health professional and proceed under section 37(1)( c ) to ( g ) if it believes that there is evidence of any of the matters mentioned in subsection (1)( c ) or ( d ) and the registered allied health professional agrees thereto in writing. (4) Despite subsections (2) and (3), where a registered allied health professional has been convicted in Singapore or elsewhere of an offence implying a defect in character which makes him or her unfit for his or her profession, the Council may immediately refer the matter to a Disciplinary Tribunal under section 50.


document_id: ahpa-2011
provision_ref: s40
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 40
title: Appointment of Complaints Committees
content:
40. —(1) The Chairperson of the Complaints Panel may appoint one or more committees each comprising 3 members of the Complaints Panel mentioned in section 38(1)( b ) and ( c ) — ( a ) 2 of whom must be registered allied health professionals who are registered in the same allied health profession as the registered allied health professional being complained against; and ( b ) one of whom must be a layperson, to be known for the purposes of this Act as Complaints Committees, to inquire into any complaint or information mentioned in section 39(1). (2) The Chairperson of the Complaints Panel must appoint one of the 2 registered allied health professionals mentioned in subsection (1)( a ) to be the chairperson of the Complaints Committee. (3) A Complaints Committee may be appointed in connection with one or more matters or for such fixed period of time as the Chairperson of the Complaints Panel may think fit. (4) The Chairperson of the Complaints Panel may at any time revoke the appointment of a Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee. (5) No act done by or under the authority of a Complaints Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. (6) All the members of a Complaints Committee must be present to constitute a quorum for a meeting of the Complaints Committee. (7) Despite subsection (6), any resolution or decision in writing signed by all the members of a Complaints Committee is as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where all its members were present. (8) A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as its members may think fit. (9) The chairperson of a Complaints Committee may at any time summon a meeting of the Complaints Committee. (10) All members of a Complaints Committee present at a meeting thereof must vote on any question arising at the meeting and that question is to be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote. (11) A member of a Complaints Committee, despite having ceased to be a member of the Complaints Panel on the expiry of his or her term of office, is deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work.


document_id: ahpa-2011
provision_ref: s41
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 41
title: Referral to Complaints Committee, etc.
content:
41. —(1) Where any complaint or information mentioned in section 39(1)( a ), ( b ) or ( c ) is made or referred by the Council to the Chairperson of the Complaints Panel, the Chairperson of the Complaints Panel must lay the complaint or information before a Complaints Committee. (2) Where any information mentioned in section 39(1)( d ) is referred by the Council to the Chairperson of the Complaints Panel, the Chairperson of the Complaints Panel must — ( a ) if he or she is satisfied, based on any evidence given in support of the information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered allied health professional to practise — refer the information to a Health Committee; or ( b ) in any other case — lay the information before a Complaints Committee.


document_id: ahpa-2011
provision_ref: s42
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 42
title: Commencement of inquiry by Complaints Committee
content:
42. —(1) A Complaints Committee must, within 2 weeks of its appointment, commence its inquiry into any complaint or information, or any information or evidence mentioned in section 44(5), and complete its inquiry not later than 3 months after the date the complaint or information is laid before the Complaints Committee. (2) Where a Complaints Committee is of the opinion that it will not be able to complete its inquiry within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Complaints Committee in conducting its inquiry, the Complaints Committee may apply in writing to the Chairperson of the Complaints Panel for an extension of time to complete its inquiry and the Chairperson may grant such extension of time to the Complaints Committee as he or she thinks fit. (3) For the purposes of an inquiry, a Complaints Committee may appoint one or more investigators in accordance with section 69 to investigate the complaint or information, and the investigator may exercise any one or more of the powers under that section in carrying out his or her functions and duties under this Part. (4) A Complaints Committee must — ( a ) if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance — make an order under section 49(1)( i ); ( b ) if it is unanimously of the opinion that no investigation is necessary — (i) issue a letter of advice to the registered allied health professional; or (ii) refer the matter for mediation between the registered allied health professional and the complainant; or ( c ) in any other case — direct one or more investigators to carry out an investigation and make a report to it under section 48.


document_id: ahpa-2011
provision_ref: s43
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 43
title: Mediation
content:
43. —(1) In referring a matter for mediation under section 42(4)( b )(ii), the Complaints Committee may order the personal attendance of the complainant and the registered allied health professional before a mediator specified by the Complaints Committee. (2) The mediator must submit a report to the Complaints Committee on the outcome of the mediation. (3) If the complainant refuses or fails, without reasonable cause, to comply with the order under subsection (1), the Complaints Committee may dismiss the matter. (4) If the registered allied health professional refuses or fails, without reasonable cause, to comply with the order under subsection (1), the Complaints Committee may proceed to issue a letter of advice under section 42(4)( b )(i) or make a direction under section 42(4)( c ). (5) If for any reason the mediation does not take place or the matter is not amicably resolved through mediation, the Complaints Committee or another Complaints Committee appointed in its place may issue a letter of advice under section 42(4)( b )(i) or make a direction under section 42(4)( c ) as it thinks fit. (6) Where the matter is amicably resolved through mediation, the Complaints Committee or another Complaints Committee appointed in its place may — ( a ) discontinue the matter; or ( b ) make such other order under section 49(1) as it thinks fit.


document_id: ahpa-2011
provision_ref: s44
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 44
title: Conduct of investigation
content:
44. —(1) An investigator directed under section 42(4)( c ) to investigate any complaint or information must, if the investigator is of the opinion that the registered allied health professional should be called upon to answer any allegation made against him or her, give written notice of the complaint or information to him or her. (2) A notice under subsection (1) must — ( a ) include copies of any complaint or information and of any statutory declaration or affidavit that have been made in support of the complaint or information; and ( b ) invite the registered allied health professional, within such period (being not less than 21 days from the date of the notice) as may be specified in the notice, to give to the investigator any written explanation he or she may wish to offer. (3) In the course of investigations, the Complaints Committee may authorise the investigator in writing to — ( a ) in the case of a complaint mentioned in section 39(1)( c ) — obtain the consent of the registered allied health professional to undergo a performance assessment in accordance with the provisions of Division 3; and ( b ) in the case of information mentioned in section 39(1)( d ) — obtain the consent of the registered allied health professional to submit to a fitness assessment in accordance with the provisions of Division 3, and the registered allied health professional must respond within such reasonable time as the investigator may, in the notice, specify. (4) If the registered allied health professional — ( a ) declines to undergo a performance or fitness assessment requested under subsection (3); ( b ) having agreed to undergo such an assessment, subsequently fails to participate in the assessment or refuses to cooperate with the assessors; or ( c ) does not respond to the notice within the time specified in subsection (3), the investigator must make a report to the Complaints Committee under section 48 and the Complaints Committee may proceed with the inquiry and make such order as it deems fit under section 49(1) or (2). (5) Where, in the course of an investigation, an investigator receives information touching on, or obtains evidence of, the conduct, physical or mental fitness, or professional performance — ( a ) of the registered allied health professional concerned, which is outside the subject matter of the complaint or information referred to the investigator; or ( b ) of a registered allied health professional other than the registered allied health professional concerned, which may give rise to proceedings under this Part, the investigator must make a report of this to the Complaints Committee under section 48. (6) On receiving a report under subsection (5), the Complaints Committee must — ( a ) if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance, make an order under section 49(1)( i ); or ( b ) if it believes there is evidence of any of the matters mentioned in section 39(1) — (i) direct one or more investigators to carry out an investigation and make a report to it under section 48; or (ii) refer the matter to the Chairperson of the Complaints Panel and the Chairperson must act in accordance with section 41 by referring the complaint or information to a Health Committee or laying it before a different Complaints Committee, as the case may be. Division 3 &#x2014; Performance and fitness assessments


document_id: ahpa-2011
provision_ref: s45
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 45
title: Performance assessment
content:
45. —(1) If the registered allied health professional agrees to undergo a performance assessment under section 44(3)( a ), the quality of professional services provided by him or her must be assessed by a Performance Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine. (2) The Performance Assessment Panel must carry out the performance assessment in accordance with — ( a ) the provisions of this Division; ( b ) the practice and procedure as the Council may determine; and ( c ) such instructions as the Complaints Committee may issue. (3) The registered allied health professional under assessment must, if required by the Performance Assessment Panel — ( a ) produce to the Panel or give the Panel access to any record or other document specified by the Panel or any record or other document which is of a class or description so specified and which is in his or her possession or under his or her control, being in either case a record or other document which the Panel reasonably believes is or may be relevant to the performance assessment, within such time and at such place as the Panel may reasonably require; ( b ) give to the Panel such explanation or further particulars in respect of anything produced in compliance with a requirement under paragraph ( a ) as the Panel may specify; and ( c ) give to the Panel all assistance in connection with the performance assessment which he or she is reasonably able to give. (4) Where any information or matter relevant to a performance assessment is recorded otherwise than in a legible form, the power of a Performance Assessment Panel to require the production of any record or other document conferred under subsection (3)( a ) includes the power to require the production of a reproduction of any such information or matter or of the relevant part of it in a legible form. (5) A Performance Assessment Panel may inspect, examine, make copies of or take any abstract of or extract from any record or document produced under subsection (3)( a ) or (4). (6) The Performance Assessment Panel must give a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, the registered allied health professional. (7) The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered allied health professional under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.


document_id: ahpa-2011
provision_ref: s46
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 46
title: Fitness assessment
content:
46. —(1) If the registered allied health professional agrees to submit to a fitness assessment under section 44(3)( b ), his or her fitness to practise the prescribed allied health profession by reason of his or her physical or mental condition must be assessed by a Fitness Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine. (2) The Fitness Assessment Panel must carry out the fitness assessment in accordance with — ( a ) the provisions of this Division; ( b ) the practice and procedure as the Council may determine; and ( c ) such instructions as the Complaints Committee may issue. (3) The Fitness Assessment Panel must submit a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, provide a copy of the report to the registered allied health professional. (4) The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered allied health professional under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.


document_id: ahpa-2011
provision_ref: s47
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 47
title: Confidentiality of information
content:
47. —(1) A person to whom this section applies is not compellable in any proceedings to give evidence in respect of, or to produce any document containing any information which has been obtained in the course of, a performance or fitness assessment except in the case of the following: ( a ) an inquiry by a Complaints Committee, a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee; or ( b ) a prosecution for a criminal offence. (2) A person to whom this section applies must not disclose any information contained in any document that may have come to his or her knowledge in the course of a performance or fitness assessment unless the disclosure is made — ( a ) under or for the purpose of administering and enforcing this Act or the Infectious Diseases Act 1976; or ( b ) for any other purpose with the consent of the person to whom the information relates. (3) This section applies to — ( a ) a member of a Performance or Fitness Assessment Panel; ( b ) an investigator mentioned in section 42(4)( c ) or 44(6)( b )(i); ( c ) a member of a Complaints Committee, Disciplinary Tribunal, Health Committee or an Interim Orders Committee; and ( d ) a member, an officer or an agent of the Council. Division 4 &#x2014; Powers after investigation


document_id: ahpa-2011
provision_ref: s48
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 48
title: Investigation report and deliberation by Complaints Committee
content:
48. —(1) Upon completing an investigation into any complaint or information, the investigator must submit a report on the findings of the investigation to the Complaints Committee for its deliberation. (2) The report mentioned in subsection (1) must include — ( a ) any written explanation given by the registered allied health professional after receiving a notice under section 44(1); ( b ) any assessment report made under Division 3, if a performance or fitness assessment was undertaken; and ( c ) any recommendation on the necessity or otherwise of a formal inquiry by a Disciplinary Tribunal or Health Committee. (3) A person must not disclose the contents of the investigation report or any information contained in any document which was obtained in the course of an investigation or inquiry commenced under this Part to any other person, including the registered allied health professional, except — ( a ) where the Complaints Committee in its absolute discretion thinks otherwise; or ( b ) where such disclosure is required for the purpose of administering and enforcing this Act or the Infectious Diseases Act 1976. (4) The Complaints Committee may, in the course of its deliberations and before it reaches a decision, seek such legal advice as it thinks necessary. (5) The registered allied health professional concerned does not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows.


document_id: ahpa-2011
provision_ref: s49
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 49
title: Findings of Complaints Committee
content:
49. —(1) After deliberation of the investigation report and any recommendation of an investigator made under section 48, and upon due inquiry into the complaint or information (including any information or evidence mentioned in section 44(5)), a Complaints Committee may, if it is of the view that no formal inquiry by a Disciplinary Tribunal or Health Committee is necessary, do one or more of the following: ( a ) issue a letter of advice to the registered allied health professional; ( b ) issue a letter of warning to the registered allied health professional; ( c ) order that the registered allied health professional seek and undergo medical or psychiatric treatment or counselling; ( d ) order that the registered allied health professional undertake and complete specified further education or training within a specified period; ( e ) order that the registered allied health professional report on the status of the fitness of his or her physical or mental condition or on the status of his or her practice at such times, in such manner and to such persons as the Complaints Committee may specify; ( f ) order that the registered allied health professional seek and take advice, in relation to the management of his or her practice, from such persons as the Complaints Committee may specify; ( g ) by agreement with the registered allied health professional — (i) order the Registrar to remove the name of the registered allied health professional from the appropriate register; (ii) suspend the registration of the registered allied health professional from the appropriate register for a period not exceeding 3 years; (iii) where the registered allied health professional is an allied health professional with full registration — order the Registrar to remove his or her name from the Register of Allied Health Professionals with Full Registration and register him or her as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he or she is registered and with appropriate conditions or restrictions, and section 17(2) and (3) or 18(4) to (9) (as the case may be) applies accordingly; (iv) where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with Full Registration — impose appropriate conditions or restrictions on his or her registration; or (v) order that his or her practising certificate be suspended or cancelled; ( h ) refer the matter for mediation between the registered allied health professional and the complainant; ( i ) order that the complaint or matter be dismissed; ( j ) make such other order as it thinks fit. (2) Where a Complaints Committee determines that a formal inquiry is necessary, it may order — ( a ) that an inquiry be held by a Health Committee if the complaint, information or evidence touches on the physical or mental fitness of the registered allied health professional to practise; or ( b ) that a formal inquiry be held by a Disciplinary Tribunal. (3) Where a Complaints Committee has made an order under subsection (2) or (6) for a formal inquiry to be held by a Disciplinary Tribunal or Health Committee, the Council must appoint a Disciplinary Tribunal or Health Committee (as the case may be) to hear and investigate the complaint or matter. (4) Where a Complaints Committee has decided to issue a letter of advice, the chairperson of the Complaints Committee must issue the letter of advice in such terms as it thinks fit. (5) Where a Complaints Committee has referred the matter for mediation, section 43 applies with the necessary modifications and references in section 43(4) and (5) to section 42(4)( b )(i) or ( c ) are to be read as references to section 49(1) or (2), respectively. (6) Where the registered allied health professional in respect of whom an order is made under subsection (1)( c ), ( d ), ( e ) or ( f ) is found by a Complaints Committee (whether it is the Complaints Committee that made the order or another Complaints Committee appointed in its place) to have failed to comply with any of the requirements imposed on him or her, the Complaints Committee may, if it thinks fit, order that a formal inquiry be held by a Disciplinary Tribunal or Health Committee (as the case may be) in respect of the complaint, information or evidence. (7) Where, in the course of an inquiry, a Complaints Committee receives information touching on, or evidence of, the conduct of the registered allied health professional concerned which discloses an offence under any written law, the Complaints Committee must record the information and report it to the Council. (8) Where the complainant withdraws his or her complaint before — ( a ) it is referred to a Complaints Committee, Disciplinary Tribunal or Health Committee under this section; or ( b ) the conclusion of the inquiry by a Complaints Committee, Disciplinary Tribunal or Health Committee, the Council may, despite the withdrawal, refer the complaint to or direct a Complaints Committee, Disciplinary Tribunal or Health Committee to continue the inquiry (as the case may be) and the Chairperson of the Complaints Panel, or the Complaints Committee, Disciplinary Tribunal or Health Committee (as the case may be) must comply with such direction as if the complaint had been made by the Council. (9) A Complaints Committee must notify the registered allied health professional concerned and the person who made the complaint or referred the information under section 39(1) of its decision under subsection (1) or (2) and, if it makes an order under subsection (1), the reason for making the order. (10) A registered allied health professional who is aggrieved by any order of a Complaints Committee under subsection (1) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final. (11) If the person who made the complaint or referred the information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1), he or she may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final. (12) If the Council is dissatisfied with any order of a Complaints Committee under subsection (1) in a case where a complaint is made on any matter or information is referred to the Chairperson of the Complaints Panel under subsection (8) or section 37(4), 39(3)( a ) or 44(6), the Council may, within 30 days after being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final. (13) The Minister may, after considering the appeal, make — ( a ) an order affirming the determination of a Complaints Committee; ( b ) an order directing a Complaints Committee to immediately appoint one or more investigators for the purposes of carrying out an investigation under section 42(4)( c ); ( c ) an order directing the Council to — (i) immediately appoint a Disciplinary Tribunal to hear and investigate the complaint or matter; or (ii) order that an inquiry into such matter be held by a Health Committee; or ( d ) such other order as the Minister thinks fit. (14) Every Complaints Committee must immediately report to the Council its findings and the order or orders made. Division 5 &#x2014; Disciplinary Tribunals


document_id: ahpa-2011
provision_ref: s50
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 50
title: Disciplinary Tribunal
content:
50. —(1) The Council may from time to time appoint one or more Disciplinary Tribunals, each comprising — ( a ) a chairperson, from a panel appointed by the Minister, who is — (i) a registered allied health professional who has practised for at least 15 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in; (ii) a person who has at any time held office as a Supreme Court Judge or a Judicial Commissioner; or (iii) a person who has had — (A) an aggregate of at least 15 years’ standing as an advocate and solicitor; (B) an aggregate of at least 15 years of full‑time employment as a Judicial Service Officer or Legal Service Officer (or both); or [Act 33 of 2021 wef 14/01/2022] (C) any combination of standing mentioned in sub‑paragraph (A) and employment mentioned in sub‑paragraph (B) which in the aggregate is not less than 15 years; ( b ) a registered allied health professional from among members of the Complaints Panel, who has practised for at least 10 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in; ( c ) a member who is — (i) where the chairperson is a registered allied health professional, either — (A) another registered allied health professional as described in paragraph ( b ); or (B) a person described in paragraph ( a )(ii) or (iii); or (ii) where the chairperson is a person described in paragraph ( a )(ii) or (iii), another registered allied health professional as described in paragraph ( b ); and ( d ) where the chairperson is a registered allied health professional and the member mentioned in paragraph ( c )(i) is that described in sub‑paragraph (A) of that paragraph, one observer from among members of the Complaints Panel who is a layperson, to inquire into any matter in respect of which a Complaints Committee has under section 49(2)( b ) ordered that a formal inquiry be held, any matter which it is directed to hear and investigate under section 49(13)( c ), or any matter referred to the Disciplinary Tribunal under section 39(4). [40/2019] (2) Despite subsection (1), if, in the Minister’s opinion, it is inexpedient, difficult or impracticable to make an appointment under subsection (1)( a )(i), ( b ) or ( c )(i)(A) or (ii) because of the requirement that the appointee must have practised for at least 15 or 10 years (as the case may be) in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, the Minister may appoint a registered allied health professional who has practised in that profession for less than those number of years. (3) Despite subsection (1), if, in the Minister’s opinion, due to the nature of the issues likely to be raised at the inquiry, it is unnecessary for the chairperson under subsection (1)( a )(i) or a member under subsection (1)( b ) or ( c )(i)(A) or (ii) to have practised in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, the Minister may appoint — ( a ) a registered allied health professional from another prescribed allied health profession; or ( b ) a person permitted under any other written law to practise in any other healthcare profession in Singapore, who has practised in that other profession for any number of years, as the chairperson or member. (4) A member of a Complaints Committee inquiring into any matter concerning a registered allied health professional must not be a member of a Disciplinary Tribunal inquiring into the same matter. (5) The observer appointed under subsection (1)( d ) must not vote on any question or matter to be decided by the Disciplinary Tribunal and need not be present at every meeting of the Disciplinary Tribunal. (6) A Disciplinary Tribunal may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit. (7) The Council may at any time revoke the appointment of a Disciplinary Tribunal or may remove any member of a Disciplinary Tribunal or fill any vacancy in a Disciplinary Tribunal. (8) Without limiting subsection (7), where, after a Disciplinary Tribunal has commenced the hearing and investigation of a matter, any member of the Disciplinary Tribunal is unable through death, illness or any other cause to continue with the hearing and investigation of the matter, the Council may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter. (9) The Disciplinary Tribunal so reconstituted or appointed under subsection (8) — ( a ) may, with the consent of the Council and the registered allied health professional being complained against and who is represented by counsel, continue with the hearing as if the Disciplinary Tribunal had not been reconstituted or appointed, and when so hearing the Disciplinary Tribunal must have regard to the evidence given, the arguments adduced and any orders made during the proceedings before the previous Disciplinary Tribunal; and ( b ) must, in any other case, hear and investigate the matter afresh. (10) The production of any written instrument purporting to be signed by the Council and making an appointment, revocation or removal under this section is evidence that the appointment, revocation or removal has been duly made. (11) Every member of a Disciplinary Tribunal appointed under subsection (1) must be paid such remuneration as the Council may determine. (12) No act done by or under the authority of a Disciplinary Tribunal is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. (13) Subject to subsection (5), all members of a Disciplinary Tribunal must be personally present at any meeting thereof to constitute a quorum for the transaction of any business. (14) Subject to subsection (5), all members of a Disciplinary Tribunal present at any meeting thereof must vote on any question arising at the meeting and that question is to be determined by a majority of votes and, in the case of an equality of votes — ( a ) where the chairperson is a registered allied health professional — the chairperson has a casting vote; or ( b ) where the chairperson is a person described in subsection (1)( a )(ii) or (iii) — the question must be resolved in favour of the registered allied health professional concerned.


document_id: ahpa-2011
provision_ref: s51
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 51
title: Proceedings of Disciplinary Tribunal
content:
51. —(1) A Disciplinary Tribunal is to meet from time to time to inquire into a matter referred to it by the Council and may regulate its own procedure. (2) A member of a Disciplinary Tribunal, despite having ceased to be a member of the Complaints Panel or a panel mentioned in section 50(1)( a ) on the expiry of his or her term of office, continues to be a member of the Disciplinary Tribunal until such time as the Disciplinary Tribunal has completed its work. (3) The registered allied health professional concerned may appear in person or be represented by counsel. (4) A Disciplinary Tribunal is not bound to act in a formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit. (5) A Disciplinary Tribunal may, for the purposes of any proceedings before it, administer oaths, and any party to the proceedings may take out a subpoena to testify or a subpoena to produce documents. (6) A subpoena under subsection (5) must be served and may be enforced as if it were an order to attend court or an order to produce documents issued in connection with a civil action in the General Division of the High Court. [40/2019] [Act 25 of 2021 wef 01/04/2022] (7) A person giving evidence before a Disciplinary Tribunal is legally bound to tell the truth. (8) A witness has the same privileges and immunities in relation to hearings before a Disciplinary Tribunal as if those hearings were proceedings in a court of law. (9) A Disciplinary Tribunal must carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Tribunal if the Disciplinary Tribunal fails to make its finding and order within 6 months from the date of its appointment. (10) When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for such period as it thinks fit. (11) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include any such investigation.


document_id: ahpa-2011
provision_ref: s52
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 52
title: Referral and transfer of cases to Health Committee
content:
52. —(1) Where, in the course of inquiring into the case of a registered allied health professional, it appears to a Disciplinary Tribunal that his or her fitness to practise may be impaired by reason of his or her physical or mental condition, the Disciplinary Tribunal may refer that question to a Health Committee for determination. (2) If, on a referral under this section, the Health Committee determines that the fitness of the registered allied health professional to practise is not impaired by reason of his or her physical or mental condition, the Health Committee must certify its opinion to the Disciplinary Tribunal. (3) If, on a referral under this section, the Health Committee determines that the fitness of the registered allied health professional to practise is impaired by reason of his or her physical or mental condition, the Health Committee must — ( a ) certify its opinion to the Disciplinary Tribunal; and ( b ) proceed to dispose of the case in accordance with section 58, and the Disciplinary Tribunal ceases to exercise its function in relation to the case.


document_id: ahpa-2011
provision_ref: s53
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 53
title: Findings of Disciplinary Tribunal
content:
53. —(1) Where a registered allied health professional is found by a Disciplinary Tribunal — ( a ) to have been convicted in Singapore or elsewhere of any offence involving fraud or dishonesty; ( b ) to have been convicted in Singapore or elsewhere of any offence implying a defect in character which makes him or her unfit for his or her profession; ( c ) to have been guilty of such improper act or conduct which, in the opinion of the Disciplinary Tribunal, brings disrepute to his or her profession; ( d ) to have been guilty of professional misconduct; or ( e ) to have failed to provide professional services of the quality which is reasonable to expect of him or her, the Disciplinary Tribunal may exercise one or more of its powers under subsection (2). (2) For the purposes of subsection (1), the Disciplinary Tribunal may — ( a ) by order direct the Registrar to remove the name of the registered allied health professional from the appropriate register; ( b ) by order suspend the registration of the registered allied health professional in the appropriate register for a period of at least 3 months and not more than 3 years; ( c ) where the registered allied health professional is an allied health professional with full registration, by order direct the Registrar to remove his or her name from the Register of Allied Health Professionals with Full Registration and register him or her as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he or she is registered and with appropriate conditions or restrictions, and section 17(2) and (3) or 18(4) to (9) (as the case may be) applies accordingly; ( d ) where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with Full Registration, by order impose appropriate conditions or restrictions on his or her registration; ( e ) by order impose on the registered allied health professional a penalty not exceeding $50,000; ( f ) by writing censure the registered allied health professional; ( g ) by order require the registered allied health professional to give such undertaking as the Disciplinary Tribunal thinks fit to abstain in future from the conduct complained of; or ( h ) make such other order as the Disciplinary Tribunal thinks fit, including any order that a Complaints Committee may make under section 49(1). (3) In any proceedings instituted under this Part against a registered allied health professional consequent upon his or her conviction for a criminal offence, a Disciplinary Tribunal and the General Division of the High Court on appeal from any order of a Disciplinary Tribunal are to accept his or her conviction as final and conclusive. [40/2019] (4) Where a registered allied health professional is not found by a Disciplinary Tribunal to have been convicted or guilty of any matter mentioned in subsection (1), the Disciplinary Tribunal must dismiss the complaint or matter. (5) A Disciplinary Tribunal may under subsection (2) order the registered allied health professional concerned to pay to the Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Tribunal and, where applicable, an Interim Orders Committee. (6) The General Division of the High Court has jurisdiction to tax the costs mentioned in subsection (5) and any such order for costs made is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court. [40/2019] (7) The Disciplinary Tribunal in ordering that costs be paid by the registered allied health professional under this section may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Tribunal has the same effect as if it were a certification by a Judge in a civil action in the General Division of the High Court. [40/2019] (8) The costs and expenses mentioned in subsection (5) include — ( a ) the costs and expenses of any assessor and advocate and solicitor appointed by the Council for proceedings before the Disciplinary Tribunal and the Interim Orders Committee; ( b ) such reasonable expenses as the Council may pay to witnesses; and ( c ) such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Tribunal and the Interim Orders Committee. (9) The penalty under subsection (2)( e ) is recoverable as a debt due to the Government.


document_id: ahpa-2011
provision_ref: s54
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 54
title: Effective dates of Disciplinary Tribunal orders and non‑compliance with orders, etc.
content:
54. —(1) Where a registered allied health professional in respect of whom an order under section 53(2)( c ) or ( d ), 61(1)( b ) or 63(1)( d ) is made, is found by a Disciplinary Tribunal (whether, in the case of an order under section 53(2)( c ) or ( d ), it is the Disciplinary Tribunal that made the order or another Disciplinary Tribunal appointed in its place) to have failed to comply with any of the requirements imposed on him or her as conditions or restrictions of his or her registration, the Disciplinary Tribunal may, if it thinks fit, by order — ( a ) direct the Registrar to remove his or her name from the appropriate register; or ( b ) suspend his or her registration in the appropriate register for such period not exceeding 12 months as may be specified in the order. (2) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)( b ) or section 53(2)( b ), the Disciplinary Tribunal may make an order under section 53(2)( c ) or ( d ), to take effect from the expiry of the current period of suspension. (3) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)( b ) or section 53(2)( b ) against a registered allied health professional and he or she has failed to comply with that order, the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may, if it thinks fit — ( a ) by order direct the Registrar to remove his or her name from the appropriate register; or ( b ) make an order under section 53(2)( c ) or ( d ), to take effect from the expiry of the current period of suspension. (4) Where a Disciplinary Tribunal has made an order under section 53(2)( c ) or ( d ), the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may revoke the order or revoke or vary any of the conditions or restrictions imposed by the order. (5) Subsection (1) applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (2) or (3) as it applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under section 53(2)( c ) or ( d ), and subsection (4) applies accordingly. (6) Where a Disciplinary Tribunal has made an order under section 53 or this section, or has varied the conditions or restrictions imposed by an order under this section, the Registrar must immediately serve on the registered allied health professional and on the complainant a notice of the order or the variation. (7) Subject to subsection (8), an order made by a Disciplinary Tribunal for the removal of the name of a registered allied health professional from the appropriate register or for the suspension of his or her registration under subsection (1) or (3) or section 53(2) does not take effect until the expiry of 30 days after the order is made. (8) On making an order for the removal of the name of a registered allied health professional from the appropriate register or for the suspension of his or her registration under subsection (1) or (3) or section 53(2), a Disciplinary Tribunal, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered allied health professional concerned, may order the Registrar to remove his or her name from the register or that his or her registration in the register be suspended immediately. (9) Where an order under subsection (8) is made, the Registrar must immediately serve a notice of the order on the person to whom it applies and — ( a ) if that person was present or represented at the proceedings of the Disciplinary Tribunal, the order takes effect from the time the order is made; or ( b ) if that person was neither present nor represented at the proceedings of the Disciplinary Tribunal, the order takes effect from the date the notice is served on him or her. (10) An order of a Disciplinary Tribunal, other than an order for the removal of a name or for the suspension of a registration under subsection (1) or (3) or section 53(2)( a ) or ( b ), takes effect from the date the order is made. (11) While any order of suspension of registration remains in force, the person concerned is not to be regarded as being registered, even though the person’s name still appears in a register, but immediately on the expiry of the order, the person’s rights and privileges as a registered allied health professional are revived as from the date of the expiry provided that the registered allied health professional has complied with all the terms of the order.


document_id: ahpa-2011
provision_ref: s55
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 55
title: Appeal against order by Disciplinary Tribunal
content:
55. —(1) A registered allied health professional or the Council who is dissatisfied with a decision of the Disciplinary Tribunal mentioned in section 53(2), (4) or (5) or 54 (called in this section the decision of the Disciplinary Tribunal) may, within 30 days after the notice of the order is served on the registered allied health professional, appeal to the General Division of the High Court against the order (called in this section an appeal to the General Division of the High Court). [40/2019] (2) A complainant who is dissatisfied with the decision of the Disciplinary Tribunal may, within 30 days from the lapse of the period for appeal in subsection (1), provided the complainant has not received notice of the Council’s decision to file an appeal to the General Division of the High Court, apply to a Review Committee to direct the Council to file an appeal to the General Division of the High Court. [40/2019] (3) For the purposes of hearing applications under subsection (2), the Minister may appoint one or more Review Committees, each comprising — ( a ) one member from the panel mentioned in section 50(1)( a ); and ( b ) 2 members who are registered allied health professionals, each of whom has practised for at least 10 years in the same prescribed allied health profession as that which the registered allied health professional is registered in. (4) The chairperson of a Review Committee must be appointed by the Minister from among its 3 members. (5) A Review Committee is not bound by the rules of evidence and may regulate its own proceedings. (6) Upon an application under subsection (2), the Review Committee may, if it is unanimously of the opinion that there are sufficient grounds for the decision of the Disciplinary Tribunal to be appealed against to the General Division of the High Court, direct the Council to file an appeal to the General Division of the High Court. [40/2019] (7) Before exercising its power under subsection (6), the Review Committee must give to both the Council and the registered allied health professional concerned a reasonable opportunity to make representations in writing as to why the Review Committee should not make a direction under subsection (6). (8) The Review Committee’s decision under subsection (6) is final. (9) If the Review Committee directs the Council to file an appeal to the General Division of the High Court, the Council must do so within 14 days of the receipt of the direction notwithstanding the expiry of the period of 30 days mentioned in subsection (1). [40/2019] (10) An appeal under this section is to be heard by the General Division of the High Court and from the decision of the General Division of the High Court there is no appeal. [40/2019] (11) The procedure governing any such appeal to the General Division of the High Court is as provided for in the Rules of Court. [40/2019] (12) In any appeal to the General Division of the High Court against a decision mentioned in section 53(2), (4) or (5) or 54, the General Division of the High Court is to accept as final and conclusive any finding of the Disciplinary Tribunal relating to any issue of medical ethics or standards of professional conduct unless such finding is in the opinion of the General Division of the High Court unsafe, unreasonable or contrary to the evidence. [40/2019] (13) Despite anything in section 53 or 54, where a registered allied health professional has appealed to the General Division of the High Court against an order mentioned in section 53(2) or 54, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court or is withdrawn. [40/2019]


document_id: ahpa-2011
provision_ref: s56
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 56
title: Restoration of names to register
content:
56. —(1) Where the name of a registered allied health professional has been removed from a register pursuant to an order made by a Disciplinary Tribunal under section 53 or 54, the Council may, on its own motion or upon his or her application — ( a ) direct that his or her name be restored to the register; or ( b ) direct that he or she be registered with restricted, conditional or temporary registration, and section 17(2) and (3), 18(4) to (9) or 19(3), (4) and (5) (as the case may be) applies accordingly. (2) An application for the restoration of a name to a register under this section must not be made to the Council — ( a ) before the expiry of 3 years from the date of the removal; or ( b ) more than once in any period of 12 months by or on behalf of the person, and unless the person has complied with all the terms of the order made against him or her. Division 6 &#x2014; Health Committee


document_id: ahpa-2011
provision_ref: s57
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 57
title: Health Committee
content:
57. —(1) The Council may, from time to time, appoint one or more Health Committees, each comprising at least 3 persons, of whom — ( a ) at least one is a registered allied health professional who has practised for at least 15 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, and who is the chairperson; ( b ) at least one is a registered allied health professional who has practised for at least 10 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in; and ( c ) one is a layperson. (2) A Health Committee must inquire into any case or matter referred to it under this Act. (3) A Health Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit.


document_id: ahpa-2011
provision_ref: s58
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 58
title: Unfitness to practise through illness, etc.
content:
58. —(1) Where a Health Committee determines that a registered allied health professional’s fitness to practise is impaired by reason of his or her physical or mental condition, the Health Committee may exercise one or more of the following powers: ( a ) order that his or her registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order; ( b ) where the registered allied health professional is an allied health professional with full registration, order the Registrar to remove his or her name from the Register of Allied Health Professionals with Full Registration and register him or her as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he or she is registered and with appropriate restrictions or conditions, and section 17(2) and (3) or 18(4) to (9) (as the case may be) applies accordingly; ( c ) where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with Full Registration, order that appropriate conditions or restrictions be imposed on his or her registration; ( d ) recommend to the Council that the name of the registered allied health professional be removed from the appropriate register; ( e ) order that he or she pays to the Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee and, where applicable, an Interim Orders Committee. (2) Where the Council accepts the recommendation of the Health Committee under subsection (1)( d ), the Council must by order direct the Registrar to remove the name of the registered allied health professional from the appropriate register and that order takes effect from the date the order is made. (3) Where a registered allied health professional, in respect of whom an order under subsection (1)( b ) or ( c ) or section 61(1)( b ) or 63(1)( d ) is made, is determined by a Health Committee to have failed to comply with any of the requirements imposed on him or her as conditions or restrictions of his or her registration, the Health Committee may, if it thinks fit, order that his or her registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order. (4) Where a Health Committee has made an order for suspension under subsection (1) or (3), the Health Committee may make an order under subsection (1)( b ) or ( c ), to take effect from the expiry of the current period of suspension. (5) Where a Health Committee has made an order for suspension under subsection (1) or (3) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit — ( a ) make a recommendation mentioned in subsection (1)( d ) to the Council, and subsection (2) applies accordingly; or ( b ) make an order under subsection (1)( b ) or ( c ), to take effect from the expiry of the current period of suspension. (6) Where a Health Committee has made an order under subsection (1)( b ) or ( c ), the Health Committee or another Health Committee appointed in its place may, on its own motion or on the application of the Council or the registered allied health professional, revoke the order or revoke or vary any of the conditions or restrictions imposed by the order. (7) An application under subsection (6) must not be made in respect of the same registered allied health professional more than once in any period of 12 months. (8) Subsection (3) applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (4) or (5)( b ) as it applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (1)( b ) or ( c ), and subsection (5) applies accordingly. (9) Where a Health Committee has made an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) under this section, the Registrar must immediately serve on the person to whom the order applies a notice of the order or of the revocation or variation. (10) While a person’s registration in a register is suspended by virtue of this section, the person is to be treated as not being registered in the register even though his or her name still appears in it, but immediately on the expiry of the order of suspension, his or her rights and privileges as a registered allied health professional are revived as from the date of the expiry provided that the registered allied health professional has complied with all the terms of the order. (11) Sections 50(11), (12), (13) and (14)( a ) and 51 apply, with the necessary modifications, to a Health Committee and references to a Disciplinary Tribunal are to be read as references to a Health Committee. (12) Any person who is aggrieved by an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section may, within 30 days after the service on the person of the notice of the order, appeal to the Minister whose decision is final. (13) Any order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section takes effect from the date the order, revocation or variation is made unless the Minister decides otherwise.


document_id: ahpa-2011
provision_ref: s59
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 59
title: Restoration of names removed on recommendation of Health Committee
content:
59. —(1) Where the name of a registered allied health professional has been removed from a register on the recommendation of a Health Committee under section 58, the Council may, on its own motion or upon his or her application — ( a ) direct that his or her name be restored to the register; or ( b ) direct that he or she be registered with restricted, conditional or temporary registration, and section 17(2) and (3), 18(4) to (9) or 19(3), (4) and (5) (as the case may be) applies accordingly. (2) An application under subsection (1) in respect of the same person must not be made to the Council more than once in any period of 12 months. (3) An application under subsection (1) in respect of a person must not be made to the Council unless that person has complied with all the terms of the order made against him or her. Division 7 &#x2014; Interim Orders Committees


document_id: ahpa-2011
provision_ref: s60
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 60
title: Interim Orders Committee
content:
60. —(1) The Council may from time to time appoint one or more committees each comprising — ( a ) 2 of its members of whom one is to be appointed the chairperson; and ( b ) one registered allied health professional who has practised for at least 10 years in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, to be known for the purposes of this Act as Interim Orders Committees, to inquire into any matter referred by the Council under subsection (3). (2) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time. (3) The Chairperson of the Complaints Panel, or a Complaints Committee, Disciplinary Tribunal or Health Committee may refer any complaint or information to the Council for the purpose of determining if an order should be made under section 61(1), and the Council must refer the complaint or information to an Interim Orders Committee for this purpose. (4) The Chairperson of the Complaints Panel, or a member of a Complaints Committee, a Disciplinary Tribunal or a Health Committee (as the case may be), inquiring into any matter must not be a member of an Interim Orders Committee inquiring into or reviewing the same matter. (5) A member of an Interim Orders Committee inquiring into or reviewing any matter must not be a member of a Complaints Committee, Health Committee or Disciplinary Tribunal inquiring into the same matter, or take part in any deliberation of the Council under section 58 in respect of the same matter. (6) All members of an Interim Orders Committee must vote on any question arising at a meeting of the Interim Orders Committee and that question is to be determined by a majority of votes. (7) A member of an Interim Orders Committee which has commenced any inquiry or review of any case or matter, despite having ceased to be a member of the Council on the expiry of his or her term of office, continues to be a member of the Interim Orders Committee until completion of that inquiry or review. (8) Sections 50(11), (12), (13) and (14)( a ) and 51(1), (4) to (8) and (11) apply, with the necessary modifications, to an Interim Orders Committee and to proceedings before it as they apply to a Disciplinary Tribunal and to proceedings before a Disciplinary Tribunal.


document_id: ahpa-2011
provision_ref: s61
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 61
title: Interim orders
content:
61. —(1) Where, upon due inquiry into any complaint or information referred to it, an Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered allied health professional concerned, that his or her registration be suspended or be made subject to conditions or restrictions, the Interim Orders Committee may make an order — ( a ) that his or her registration in the appropriate register be suspended for such period not exceeding 18 months as may be specified in the order (called in this Part an interim suspension order); or ( b ) that his or her registration be conditional on his or her compliance, during such period not exceeding 18 months as may be specified in the order, with such conditions or restrictions so specified as the Interim Orders Committee thinks fit to impose (called in this Part an interim restriction order). (2) The Registrar must immediately serve a notification of the order on the registered allied health professional, and the order takes effect from the date the order is made.


document_id: ahpa-2011
provision_ref: s62
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 62
title: Review of interim orders
content:
62. —(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 61(1), the Interim Orders Committee or another Interim Orders Committee appointed in its place — ( a ) must review it within the period of 6 months beginning on the date on which the order was made, and must thereafter, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and ( b ) may review it where new evidence relevant to the order has become available after the making of the order. (2) Where the General Division of the High Court has extended the order under section 65(2) or an Interim Orders Committee has made a replacement order under section 63(1)( c ) or ( d ), the first review after such extension or making of the replacement order must take place — ( a ) if the order (or the order which has been replaced) had not been reviewed under subsection (1) — within the period of 6 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made, as the case may be; or ( b ) if it had been reviewed under subsection (1) — within the period of 3 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made. [40/2019]


document_id: ahpa-2011
provision_ref: s63
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 63
title: Interim Orders Committee may revoke, vary or replace interim order
content:
63. —(1) Where an interim suspension order or an interim restriction order has been made under this section or section 61(1) in relation to any person, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review under section 62 or upon the recommendation of a Complaints Committee, Disciplinary Tribunal or Health Committee — ( a ) revoke the order or revoke any condition or restriction imposed by the order; ( b ) make an order varying any condition or restriction imposed by the order; ( c ) if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered allied health professional concerned, or that the registered allied health professional has not complied with any requirement imposed as a condition or restriction of his or her registration in the interim restriction order, replace that order with an interim suspension order having effect for the remainder of the period of that order; or ( d ) if satisfied that the public interest or the interests of the registered allied health professional concerned would be more adequately served by an interim restriction order, replace the interim suspension order with an interim restriction order having effect for the remainder of the period of the interim suspension order. (2) The Registrar must immediately serve a notification of the decision under subsection (1) on the registered allied health professional, and such order takes effect from the date the order is made.


document_id: ahpa-2011
provision_ref: s64
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 64
title: Right of hearing
content:
64. —(1) An order under section 61(1) or 63(1)( b ), ( c ) or ( d ) must not be made by an Interim Orders Committee in respect of any registered allied health professional unless he or she has been given an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his or her case. (2) For the purposes of subsection (1), the registered allied health professional may be represented before the Interim Orders Committee by counsel. (3) Regulations made for the purposes of an Interim Orders Committee may include provisions securing that the registered allied health professional in respect of whom an interim suspension order or an interim restriction order has been made is, if he or she so requires, entitled to be heard by the Interim Orders Committee on each occasion when it reviews the order, and to be represented by counsel during such review.


document_id: ahpa-2011
provision_ref: s65
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 65
title: Application to General Division of High Court
content:
65. —(1) The Council may apply to the General Division of the High Court for an extension of the period for which an order made under section 61(1) or 63(1)( c ) or ( d ) has effect, and may apply again for further extensions. [40/2019] (2) On such an application, the General Division of the High Court may extend (or further extend) for up to 12 months the period for which the order has effect. [40/2019] (3) The General Division of the High Court may, on application by the registered allied health professional concerned — ( a ) in the case of an interim suspension order — revoke the order; ( b ) in the case of an interim restriction order — revoke the order or vary any condition or restriction imposed by the order; or ( c ) in either case — substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it). [40/2019]


document_id: ahpa-2011
provision_ref: s66
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 66
title: Duration of interim orders
content:
66. —(1) An interim suspension order or an interim restriction order is in force until the earlier of the following: ( a ) the end of the period specified — (i) in the order; or (ii) if the period is extended under section 65(2), in the order extending it; ( b ) the date on which the relevant proceedings are concluded. (2) For the purposes of subsection (1)( b ), the relevant proceedings are concluded if — ( a ) the Complaints Committee inquiring into the complaint or information has made an order under section 49(1) and — (i) no appeal to the Minister under section 49(10) or (11) was made against that decision within the period specified in that provision or such an appeal was withdrawn; or (ii) the Minister made an order under section 49(13)( a ) or ( d ); ( b ) the Disciplinary Tribunal inquiring into the complaint or information has made an order under section 53(2) which has taken effect, or has dismissed the complaint or matter under section 53(4); or ( c ) the Health Committee inquiring into the matter has made an order under section 58(1) which has taken effect, the Council has made an order under section 58(2) which has taken effect, or the Health Committee has dismissed the complaint or matter, as the case may be.


document_id: ahpa-2011
provision_ref: s67
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 67
title: Person suspended under interim suspension order not regarded as registered
content:
67. —(1) While a person’s registration in a register is suspended by virtue of an interim suspension order, he or she is not regarded as being registered even though his or her name still appears in the register. (2) Immediately upon the expiry or revocation of the interim suspension order, the person’s rights and privileges as a registered allied health professional are revived from the date of the expiry or revocation, provided that he or she has complied with all the terms of the order. (3) To avoid doubt, sections 39 to 55, 57 and 58 continue to apply to a person whose registration in the register is suspended by virtue of an interim suspension order. Division 8 &#x2014; Appointment of legal counsel


document_id: ahpa-2011
provision_ref: s68
chapter: PART 5 - DISCIPLINARY PROCEEDINGS, HEALTH COMMITTEE INQUIRIES AND PERFORMANCE ASSESSMENTS
section: 68
title: Council may appoint legal counsel
content:
68. For the purposes of an inquiry under this Part by a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee, the Council may appoint an advocate and solicitor and pay him or her, as part of the expenses of the Council, such remuneration as the Council may determine.


document_id: ahpa-2011
provision_ref: s69
chapter: PART 6 - MISCELLANEOUS
section: 69
title: Investigators
content:
69. —(1) The Council may, in writing, appoint a member of the Council, a public officer or any other person as an investigator, subject to such conditions and limitations as the Council may specify — ( a ) to investigate the commission of an offence under this Act; or ( b ) to carry out an investigation under Part 5. (2) An investigator may, for the purposes of subsection (1) — ( a ) by written order require any person — (i) to furnish any information within his or her knowledge; or (ii) to produce any book, document, paper or other record, or any article or thing which may be in his or her custody or possession and which may be related to or be connected with the subject matter of the investigation for inspection by the investigator and for making copies thereof, or to provide copies of such book, document, paper or other record, and may (if necessary) further require such person to attend at a specified time and place for the purpose of complying with sub‑paragraph (i) or (ii); ( b ) by written order require the attendance before the investigator of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances of the matter under investigation; ( c ) examine orally any person apparently acquainted with the facts and circumstances of the matter under investigation, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which he or she is acquainted, and the statement made by that person must be read over to him or her and must, after correction, be signed by him or her; and ( d ) without warrant enter, inspect, and search during regular business hours any premises which are used or proposed to be used, or in respect of which there is reasonable cause to believe are being used, by the registered allied health professional who is under investigation to carry out the practice of the prescribed allied health profession and may — (i) inspect and make copies of and take extracts from, or require the registered allied health professional or the person having the management or control of the premises to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the premises or the facilities or services provided or the practices or procedures being carried out thereat; (ii) inspect any apparatus, appliance, equipment or instrument used or found on the premises; (iii) inspect, test, examine, take and remove any chemical, pharmaceutical or any other substance found on the premises; (iv) inspect, test, examine, take and remove any container, article or other thing that the investigator reasonably believes to contain or to have contained any chemical, pharmaceutical or any other substance found on the premises; (v) inspect any test or procedure performed or carried out on the premises; (vi) take such photographs or video recording as the investigator thinks necessary to record the premises or part thereof, including any apparatus, appliance, equipment, instrument, article, book, document or record found on the premises; and (vii) seize and remove from the premises any book, record, document, apparatus, equipment, instrument, material, chemical, pharmaceutical or any other substance which the investigator reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1)( a ) or ( b ). (3) Any person who — ( a ) intentionally offers any resistance to or wilfully delays an investigator in the exercise of any power under subsection (2); or ( b ) fails to comply with any requisition or order of an investigator under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (4) In this section, “record” includes the medical record of any person.


document_id: ahpa-2011
provision_ref: s70
chapter: PART 6 - MISCELLANEOUS
section: 70
title: Assessors to Council
content:
70. —(1) For the purposes of advising the Council, and any committee or professional board appointed by the Council, the Council may appoint a legal assessor to the Council who must be an advocate and solicitor of at least 10 years’ standing. (2) The legal assessor must not participate or sit in any deliberations of the Council or its committees and professional boards unless invited to do so, and his or her participation is limited only to questions of law arising from the proceedings. (3) The Council may appoint a medical assessor to assist the Council and any committee or professional board appointed by the Council in proceedings before any of them under the provisions of this Act. (4) The Council may pay to the legal assessor and medical assessor, as part of the expenses of the Council, such remuneration as the Council may determine. (5) In this section, a committee appointed by the Council includes a Complaints Committee, a Disciplinary Tribunal, a Health Committee and an Interim Orders Committee.


document_id: ahpa-2011
provision_ref: s71
chapter: PART 6 - MISCELLANEOUS
section: 71
title: No action against Council, etc., in absence of bad faith
content:
71. No action or legal proceedings shall lie against — ( a ) a member of the Council or a person authorised, appointed or employed to assist the Council; ( b ) a member of a Complaints Committee, a Disciplinary Tribunal, a Health Committee, an Interim Orders Committee or any other committee or professional board appointed by the Council; ( c ) a member of a Performance Assessment Panel, a Fitness Assessment Panel or a Review Committee; or ( d ) an investigator appointed under section 69, for any act or thing done under this Act, which is done with reasonable care and in good faith in exercise of any power or the performance of any duty or function under this Act.


document_id: ahpa-2011
provision_ref: s72
chapter: PART 6 - MISCELLANEOUS
section: 72
title: Service of documents
content:
72. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document permitted or required by or under this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified) the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or ( e ) by sending it by email to the individual’s last email address. (3) A document permitted or required by or under this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer, or an authorised representative, of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or ( c ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect — ( a ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent. (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership; “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes an order or a notice permitted or required by or under this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 19 of 2025 wef 05/12/2025]


document_id: ahpa-2011
provision_ref: s73
chapter: PART 6 - MISCELLANEOUS
section: 73
title: Composition of offences
content:
73. —(1) The Council may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following sums: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $2,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Council may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. (4) All sums collected under this section must be paid to the Consolidated Fund.


document_id: ahpa-2011
provision_ref: s74
chapter: PART 6 - MISCELLANEOUS
section: 74
title: Exemption
content:
74. The Minister may, after consultation with the Council, by order in the Gazette and subject to such conditions as the Minister may impose, exempt any person or class of persons from all or any of the provisions of this Act.


document_id: ahpa-2011
provision_ref: s75
chapter: PART 6 - MISCELLANEOUS
section: 75
title: Regulations
content:
75. —(1) Subject to the provisions of this Act, the Council may, with the approval of the Minister, make such regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of this Act. (2) Without limiting subsection (1), regulations may be made to — ( a ) provide for the duties of the Registrar; ( b ) provide for different registration requirements for different prescribed allied health professions; ( c ) provide for the form of the registers and the mode in which they must be kept; ( d ) regulate the grant and renewal of practising certificates, including prescribing conditions for such grant and renewal; ( e ) regulate the procedure of, and the conduct of any proceedings before, a Complaints Committee, a Disciplinary Tribunal, a Health Committee, an Interim Orders Committee, any other committee or professional board appointed by the Council and a Review Committee; ( f ) provide for payment of fees to any member of a Complaints Committee, a Disciplinary Tribunal, a Health Committee, an Interim Orders Committee, any other committee or professional board appointed by the Council or a Review Committee; ( g ) regulate the removal of and restoration of names to a register; ( h ) regulate the professional practice, etiquette, conduct and discipline of registered allied health professionals; ( i ) prescribe the forms necessary for the administration of this Act; ( j ) prescribe the fees and other charges for the purposes of this Act; ( k ) prescribe acts or activities which a registered allied health professional may perform only on satisfaction of specified requirements; ( l ) provide that a contravention of any regulation made under this Act is an offence and provide for penalties not exceeding a fine of $5,000 or imprisonment for a term not exceeding 6 months or both for each such offence; and ( m ) prescribe such other matter as are necessary or authorised to be prescribed under this Act.


document_id: ahpa-2011
provision_ref: s76
chapter: PART 6 - MISCELLANEOUS
section: 76
title: Saving and transitional provisions
content:
76. —(1) Any person who, immediately before 8 April 2013, was practising in any prescribed allied health profession is deemed to be a duly qualified allied health professional in that prescribed allied health profession until such time as the person becomes registered under section 16, 17, 18 or 19 in respect of that prescribed allied health profession or the person’s application for registration is refused or withdrawn, or until such date as may be prescribed, whichever is the earlier. (2) For the purpose of the first appointment of the members of the Council under section 6, the reference in subsection (1)( d ) of that section to an allied health professional with full registration from a prescribed allied health profession is to be read as a reference to any person who — ( a ) immediately prior to 8 April 2013, had been practising that profession; and ( b ) possesses such qualification in or in relation to that profession which the Minister is satisfied renders him or her fit for appointment as a member of the Council.


document_id: aiiba-2015
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Agreement” means the Agreement for the establishment and operation of the international body known as the Asian Infrastructure Investment Bank; “Article” means Article of the Agreement; “Bank” means the Asian Infrastructure Investment Bank established under the Agreement; “Minister” means the Minister responsible for finance.


document_id: aiiba-2015
provision_ref: s3
section: 3
title: Deposit of instrument of ratification
content:
3. The President may empower a person named in an instrument under the President’s hand to deposit, on behalf of the Government of Singapore, an instrument of ratification of the Agreement with the Government of the People’s Republic of China stating that the Government of Singapore — ( a ) has accepted the Agreement in accordance with the law of Singapore; and ( b ) has taken all steps necessary to enable the Government of Singapore to carry out all its obligations under the Agreement.


document_id: aiiba-2015
provision_ref: s4
section: 4
title: Power to subscribe to shares of Bank
content:
4. —(1) Subject to subsection (2), the Minister may, on behalf of the Government — ( a ) subscribe to shares of the original authorised capital stock of the Bank in accordance with paragraph 1 of Article 5 to an amount not exceeding US$250 million; ( b ) where the shares of Singapore have been increased at the request of the Government under paragraph 3 of Article 5 — subscribe to the amount of such increase; and ( c ) where the original authorised capital stock of the Bank is increased under paragraph 4 of Article 5 — subscribe to a proportion of the increase of stock as provided in that paragraph. (2) The total subscription to the Bank may not exceed the sum of US$500 million unless increased with the approval of Parliament signified by resolution.


document_id: aiiba-2015
provision_ref: s5
section: 5
title: Sums payable to Bank to be charged on Consolidated Fund
content:
5. —(1) The following sums are to be charged on the Consolidated Fund: ( a ) all sums payable to the Bank by way of subscription to its paid‑in capital stock under paragraph 1 of Article 6; ( b ) all sums payable to the Bank by way of subscription to its callable capital stock as and when required by the Bank under paragraph 3 of Article 6; ( c ) all sums payable to the Bank by way of increase of the shares of the Bank’s capital stock subscribed by the Government under paragraphs 3 and 4 of Article 5; ( d ) all sums payable to the Bank under any other provisions of the Agreement. (2) All sums charged on the Consolidated Fund under this section may be paid in United States dollars or in such other currency permitted by the Agreement.


document_id: aiiba-2015
provision_ref: s6
section: 6
title: Moneys received by Government to be paid into Consolidated Fund
content:
6. All sums received by or on behalf of the Government from the Bank are to be paid into the Consolidated Fund.


document_id: aiiba-2015
provision_ref: s7
section: 7
title: Certain provisions of Agreement to have force of law
content:
7. —(1) Despite anything to the contrary in any other law, the provisions of the Agreement set out in the Schedule have the force of law. (2) Nothing in Article 51 is to be construed as — ( a ) entitling the Bank to import into Singapore goods free of any customs duty without any restriction on their subsequent sale in Singapore; ( b ) conferring on the Bank any exemption from taxes or duties that form part of the price of goods sold or services supplied; or ( c ) conferring on the Bank any exemption from taxes or duties that are in fact no more than charges for services rendered. (3) The Minister may, by notification in the Gazette , amend the Schedule in conformity with any amendments to the provisions of the Agreement set out in the Schedule which may subsequently be made and adopted.


document_id: aiiba-2015
provision_ref: s8
section: 8
title: Companies Act 1967 does not apply to Bank and to issue by Bank of shares, debentures, etc.
content:
8. The Bank is not to be treated as a corporation within the meaning of the Companies Act 1967, and the provisions of that Act do not accordingly apply to the Bank or to the issue by the Bank of any shares, debentures, bonds, notes or other securities.


document_id: aiiba-2015
provision_ref: s9
section: 9
title: Power to make regulations
content:
9. —(1) The Minister may make regulations for the purpose of carrying out the provisions of this Act. (2) All such regulations are to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: aiida-1968
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “award” includes any decision interpreting, reversing or annulling an award, being a decision pursuant to the Convention, and any decision as to costs which under the Convention is to form part of the award; “Centre” means the International Centre for Settlement of Investment Disputes established by the Convention; “Convention” means the Convention on the Settlement of Investment Disputes between States and Nationals of other States which was opened for signature in Washington on 18 March 1965 and is set out in the Schedule. (2) An award shall be deemed to have been rendered pursuant to the Convention on the date on which certified copies of the award were pursuant to the Convention despatched to the parties.


document_id: aiida-1968
provision_ref: s3
section: 3
title: Binding on Government
content:
3. Sections 4 and 5 shall bind the Government (but not so as to make an award enforceable against the Government in a manner in which a judgment would not be enforceable against the Government).


document_id: aiida-1968
provision_ref: s4
section: 4
title: Registration of Convention awards
content:
4. —(1) Any person seeking recognition or enforcement of an award rendered pursuant to the Convention shall be entitled to have the award registered in the General Division of the High Court subject to proof of any matters that may be prescribed and to the other provisions of this Act. [40/2019] (2) In addition to the pecuniary obligations imposed by the award, the award shall be registered for the reasonable costs of and incidental to registration. (3) If at the date of the application for registration the pecuniary obligations imposed by the award have been partly satisfied, the award shall be registered only in respect of the balance, and accordingly if those obligations have been wholly satisfied, the award shall not be registered.


document_id: aiida-1968
provision_ref: s5
section: 5
title: Effect of registration
content:
5. Subject to the provisions of this Act, an award registered under section 4 shall, as respects the pecuniary obligations which it imposes, be of the same force and effect for the purposes of enforcement as if it had been a judgment of the General Division of the High Court given when the award was rendered pursuant to the Convention and entered on the date of registration under this Act, and, so far as relates to such pecuniary obligations — ( a ) proceedings may be taken on the award; ( b ) the sum for which the award is registered shall carry interest; and ( c ) the General Division of the High Court shall have the same control over the enforcement of the award, as if the award had been such a judgment of the General Division of the High Court. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: aiida-1968
provision_ref: s6
section: 6
title: Power to make rules
content:
6. The Supreme Court Judges, or any 3 of them, of whom the Chief Justice shall be one, may make rules — ( a ) to prescribe the procedure for applying for registration of an award under this Act, and to require the applicant to give prior notice of his intention to register to other parties; ( b ) to prescribe matters to be proved on the application and the manner of proof, and in particular to require the applicant to furnish a copy of the award certified pursuant to the Convention; ( c ) to provide for the service of notice of registration of the award by the applicant on other parties; and ( d ) to provide for the stay of enforcement (whether provisionally or otherwise) of any award registered under this Act in accordance with the provisions of the Convention. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: aiida-1968
provision_ref: s7
section: 7
title: Government contribution to expenses under Convention
content:
7. Any sums required to meet any obligations of the Government arising out of Article 17 of the Convention (which obliges the Contracting States to meet any deficit of the Centre) shall be charged on and paid out of the Consolidated Fund.


document_id: aiida-1968
provision_ref: s8
section: 8
title: Exclusion of Arbitration Act 2001
content:
8. The provisions of the Arbitration Act 2001 shall not apply to proceedings pursuant to the Convention.


document_id: aiida-1968
provision_ref: s9
section: 9
title: Certain provisions of Convention to have force of law
content:
9. —(1) Notwithstanding anything to the contrary in any written law, the provisions of Articles 18, 19, 20, 21( a ) (with Article 22 as it applies to Article 21( a )), 23(1) and 24 shall have the force of law. (2) Nothing in Article 24(1) of the Convention shall be construed as — ( a ) entitling the Centre to import into Singapore goods free of any customs duty without restriction on their subsequent sale therein; ( b ) conferring on the Centre any exemption from taxes or duties which form part of the price of goods sold; or ( c ) conferring on the Centre any exemption from taxes or duties which are in fact no more than charges for services rendered. (3) For the purposes of Articles 20 and 21( a ) of the Convention as given the force of law by this section, a statement to the effect that the Centre has waived an immunity in the circumstances specified in the statement, being a statement certified by the Secretary-General of the Centre, or by the person acting as Secretary-General, shall be conclusive evidence of such waiver.


document_id: aiida-1968
provision_ref: s10
section: 10
title: Power of Minister to amend Schedule
content:
10. The Minister may, by notification in the Gazette , amend the Schedule in conformity with any amendments to the provisions of the Convention set out therein which may hereafter be duly made and adopted.


document_id: ajpa-2016
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “court” means — ( a ) the Supreme Court; ( b ) any State Court; ( c ) any Family Court; or ( d ) any Youth Court; “Employment Claims Tribunal” means an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970; “judge” means — ( a ) in the case of the Supreme Court — a Judge and a Registrar as defined in the Supreme Court of Judicature Act 1969; ( b ) in the case of a State Court — a judicial officer as defined in the State Courts Act 1970 and a Coroner as defined in the Coroners Act 2010; ( c ) in the case of a Family Court or a Youth Court — a judicial officer as defined in the Family Justice Act 2014; ( d ) in the case of the Small Claims Tribunals — a tribunal magistrate or the Registrar as defined in section 2(1) of the Small Claims Tribunals Act 1984; or ( e ) in the case of an Employment Claims Tribunal — a tribunal magistrate as defined in the Employment Claims Act 2016; “publish” means to disseminate, distribute, exhibit, provide or communicate by oral, visual, written, electronic or other means (for example, by way of newspaper, radio, television or through the use of the Internet, subscription TV or other online communications system) to the public at large or a member of the public, and includes cause to be published, and “publication” is to be construed accordingly; “Small Claims Tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970; “State Court” means a State Court constituted under section 4 of the State Courts Act 1970. [33/2018; 40/2019] (2) In this Act — ( a ) a court proceeding is pending from the time that it commences to the time that it is finally decided, struck out or is discontinued or deemed to be discontinued; ( b ) a court proceeding commences — (i) in the case of any proceeding against a person in respect of any offence (other than an appellate, revision or reference proceeding referred to in sub‑paragraphs (iii) and (iv)) — from the earliest of the following events: (A) the issue of a notice to attend court, summons to appear before a court to answer a charge of the offence, or any other process to compel the attendance of the person to answer a charge of the offence; (B) the issue of a warrant for the arrest of the person for the offence; (C) the arrest of the person for the offence; (ii) in the case of any proceeding other than a proceeding against a person in respect of any offence (but not an appellate or revision proceeding referred to in sub‑paragraph (iii)) — from the time the originating process, application for permission or other application (including an application made before an originating process is filed) is filed in court; [Act 25 of 2021 wef 01/04/2022] (iii) in the case of proceedings on appeal from or for revision of a decision of a court in any proceedings — from — (A) the time a notice of appeal is lodged or filed or an application for permission to appeal is made; or [Act 25 of 2021 wef 01/04/2022] (B) the time an application for revision is made, as the case may be; (iv) in the case of a reference of a question of law of public interest under section 397 of the Criminal Procedure Code 2010 — from the time an application for permission or a reference by the Public Prosecutor is made; and [Act 25 of 2021 wef 01/04/2022] (v) in the case of an inquiry under the Coroners Act 2010 — from the time a Coroner is informed of a death under section 11 of that Act; ( c ) a court proceeding is finally decided — (i) in a case where there is a pending appeal, reference or revision — when the appeal, reference or revision is heard and finally decided including issues relating to assessment of damages and costs of the proceeding; (ii) in a case where no appeal or reference is pending — when the period of limitation prescribed for the appeal or reference has expired and all issues relating to assessment of damages and costs of the proceeding are heard and finally decided; or (iii) in the case of an inquiry under the Coroners Act 2010 — when the Coroner decides not to hold an inquiry under section 25(2) of that Act or when the inquiry is concluded unless the Public Prosecutor requires the Coroner to hold an inquiry or reopen the inquiry under section 26(1) or (3) of that Act, as the case may be; ( d ) a court proceeding that has been heard and finally decided will not be deemed to be pending merely by reason of the fact that proceedings for the execution or enforcement of the decree, order or sentence passed in the proceedings are pending; and [Act 25 of 2021 wef 01/04/2022] ( e ) a proceeding against a person in respect of any offence is deemed to include any criminal motion, case stated, or any other application made in or for the purposes of or in connection with the proceeding.


document_id: ajpa-2016
provision_ref: s3
chapter: PART 2 - TYPES OF CONTEMPT
section: 3
title: Contempt by scandalising court, interfering with administration of justice, etc.
content:
3. —(1) Any person who — ( a ) scandalises the court by intentionally publishing any matter or doing any act that — (i) imputes improper motives to or impugns the integrity, propriety or impartiality of any court; and (ii) poses a risk that public confidence in the administration of justice would be undermined; ( b ) intentionally publishes any matter that — (i) prejudges an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or (ii) otherwise prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; ( c ) intentionally interferes with (by intimidation or otherwise) or hinders another person’s access to or ability to appear in court, knowing that this person is a party, witness, advocate or judge in ongoing court proceedings; ( d ) intentionally offers any insult or causes any interruption or obstruction to any judge of any court, while the judge is sitting in any stage of a court proceeding; [Act 45 of 2024 wef 28/01/2025] ( da ) conducts or commences a court proceeding (whether as a party or an advocate in the court proceeding), and knows or ought to know that his or her conduct or commencement of the court proceeding — (i) involves a deception on the court, or is fictitious or constitutes a mere sham; or (ii) is manifestly groundless or without foundation, and involves the process of the court being employed for some ulterior or improper purpose; [Act 45 of 2024 wef 28/01/2025] ( db ) conducts or commences multiple or successive court proceedings (whether as a party or an advocate in those court proceedings), and knows or ought to know that his or her conduct or commencement of those court proceedings is manifestly groundless or without foundation; or [Act 45 of 2024 wef 28/01/2025] ( e ) intentionally does any other act that interferes with, obstructs or poses a real risk of interference with or obstruction of the administration of justice in any other manner, if the person knows or ought to have known that the act would interfere with, obstruct or pose a real risk of interference with or obstruction of the administration of justice, commits a contempt of court. Explanation 1.—Fair criticism of a court is not contempt by scandalising the court within the meaning of subsection (1)( a ). Explanation 2.—A publication of any matter which falls within subsection (1)( b )(i) or (ii) is not incapable of prejudicing or interfering with or posing a real risk of prejudice to or interference with, the course of any pending court proceedings, by reason only that the court is presided by a judge with legal and professional experience. Illustration 1 A is charged for rape of B . Z publishes in a newspaper an interview with A ’s ex‑girlfriend, Y . In the interview, Y claims that A had previously brutally raped her and that A had served a long prison sentence for raping and molesting other women. The prosecution is not permitted to disclose A ’s previous convictions during A ’s pending rape trial. Z ’s publication of this interview poses a real risk of prejudice to or interference with the course of pending court proceedings against A . Illustration 2 A is charged for inflicting serious bodily harm on B outside a pub. As it was dark, B had difficulty recognising B ’s assailant. Z posts on an Internet news site, a photo of A with fists clenched outside the pub with the caption, “Vicious Pub Bully Caught”. The identity of B ’s assailant is an issue in A ’s pending trial. Z ’s publication of A ’s photo and caption poses a real risk of prejudice to or interference with the course of the pending court proceedings against A . Illustration 3 A commences a court proceeding against B seeking damages. The court finds that A knew or ought to have known that the commencement of the claim is manifestly groundless and that A had initiated the proceeding for the ulterior purpose of vexing or oppressing B . A ’s commencement of the proceeding against B constitutes a contempt of court. [Act 45 of 2024 wef 28/01/2025] Illustration 4 A is convicted of rape and is sentenced to imprisonment and caning. The sentences are upheld by the appellate court. Before the sentence of caning is executed, A , acting on the advice of A ’s advocate, commences an application to review the earlier decision of the appellate court. The court finds that both A and A ’s advocate knew or ought to have known that the commencement of the review application is manifestly groundless and that the review application had been commenced for the improper purpose of delaying the execution of caning until after A turns 50 years of age, when A can no longer be punished with caning. The commencement of the review application by A and A ’s advocate constitutes a contempt of court. [Act 45 of 2024 wef 28/01/2025] (2) Where any person publishes any matter or does any act referred to in subsection (1)( a ), that person is guilty of contempt of court even if he or she did not intend to scandalise the court. (3) Where any person publishes any matter referred to in subsection (1)( b ), that person is guilty of contempt of court even if he or she did not intend to cause the consequences referred to in subsection (1)( b )(i) or (ii). (4) A statement made by a person on behalf of the Government about the subject matter of or an issue in a court proceeding that is pending is not contempt of court under subsection (1)( b ) if the Government believes that the statement is necessary in the public interest. Illustration 1 A statement made by a person on behalf of the Government factually describing the events and circumstances relating to and leading up to the death of a person (such as the acts of public officials when a coroner’s inquiry into that person’s death is pending) which the Government believes is necessary to address inaccurate or incorrect public allegations, is not contempt of court by virtue of subsection (4). Illustration 2 A statement made by a person on behalf of the Government factually describing the circumstances of a riot, when criminal proceedings against a person charged with participation in that riot are pending, which the Government believes is necessary in order to inform the public of the riot, is not contempt of court by virtue of subsection (4). (5) For the purposes of subsection (4), “necessary in the public interest” includes but is not limited to matters that are necessary in the interests of the security of Singapore or any part of Singapore, public order, public health or public finances. (6) Where contempt of court is committed by the doing of any act mentioned in subsection (1)( c ) or ( d ), a person is guilty of contempt of court if that person knows or ought to have known that the act would prejudice or interfere with or obstruct or pose a real risk of prejudice to or interference with or obstruction of the course of the court proceeding. (7) A person who is not a party or an advocate in any court proceeding commits contempt of court if he or she — ( a ) causes or abets any party or advocate to conduct or commence a court proceeding mentioned in subsection (1)( da )(i), and knows or ought to know that the conduct or commencement of the court proceeding would involve a deception on the court, or would be fictitious or constitute a mere sham; ( b ) causes or abets any party or advocate to conduct or commence a court proceeding mentioned in subsection (1)( da )(ii), and knows or ought to know that the conduct or commencement of the court proceeding would be manifestly groundless or without foundation, and would involve the process of the court being employed for some ulterior or improper purpose; or ( c ) causes or abets any party or advocate to conduct or commence multiple or successive court proceedings mentioned in subsection (1)( db ), and knows or ought to know that the conduct or commencement of those court proceedings is manifestly groundless or without foundation. [Act 45 of 2024 wef 28/01/2025] (8) In this section, “advocate” means any of the following persons who represents any party in any court proceedings: ( a ) an advocate and solicitor of the Supreme Court; ( b ) a person who is admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act 1966; ( c ) a lawyer (non-practitioner) who holds a provisional practising certificate issued under section 18 of that Act; ( d ) a foreign lawyer who is registered under section 36P of that Act. [Act 45 of 2024 wef 28/01/2025]


document_id: ajpa-2016
provision_ref: s4
chapter: PART 2 - TYPES OF CONTEMPT
section: 4
title: Contempt by disobedience of court order or undertaking, etc.
content:
4. —(1) Any person who — ( a ) intentionally disobeys or breaches any judgment, decree, direction, order, writ or other process of a court; or ( b ) intentionally breaches any undertaking given to a court, commits a contempt of court. (2) For the purposes of subsection (1), intentional disposal by a person against whom an enforcement order for attachment of a debt has been made, otherwise than in accordance with law or with permission of the court, of any property subject to the order in his or her hands or under his or her control, is contempt of court. [Act 25 of 2021 wef 01/04/2022] (3) Without limiting subsection (1), a person commits a contempt of court if the person — ( a ) being legally bound to produce or deliver any document to the court, intentionally omits to so produce or deliver up the document; ( b ) being legally bound to bind himself or herself by oath or affirmation to state the truth, refuses to so bind himself or herself; ( c ) being legally bound to state the truth on any subject to the court, refuses to answer any question demanded of him or her touching that subject by the court in the exercise of the lawful powers of the court; or ( d ) refuses to sign any statement made by him or her, when required to sign that statement by a court lawfully competent to require that he or she sign that statement. (4) Subject to subsections (5), (6) and (7), any contempt of court referred to in subsection (1) or (2) may be waived by the aggrieved party and such waiver relieves from liability the person who commits the contempt. (5) The court may, in its discretion, disallow the waiver of any contempt of court mentioned in subsection (1) or (2) in any of the following circumstances: ( a ) the Attorney-General has authorised investigations pursuant to section 22 for the contempt of court; ( b ) proceedings have been commenced in respect of the contempt of court; ( c ) the contempt of court is of such a nature that it interferes with, obstructs or poses a real risk of interference with or obstruction of the administration of justice; ( d ) it would be contrary to the public interest to allow the waiver. (6) The court may, in granting any waiver of contempt of court under subsection (4), impose such conditions as it thinks fit. (7) To avoid doubt, contempt of court referred to in subsection (3) may not be waived. (8) A person who is not a party to an action commits contempt if he or she causes or abets the breach of any judgment, decree, direction, order, writ or other process of a court, with the intention of causing such breach or knowing that it would cause such breach. (9) In this section — “aggrieved party” means a party to the relevant proceedings for whose benefit any judgment, decree, direction, order, writ or other process of a court is given, made or issued, or any undertaking to a court is given, in proceedings other than a proceeding against a person in respect of any offence; “undertaking given to a court” includes an implied undertaking given to a court.


document_id: ajpa-2016
provision_ref: s5
chapter: PART 2 - TYPES OF CONTEMPT
section: 5
title: Contempt by unauthorised audio or visual recordings
content:
5. —(1) Subject to subsection (4), it is a contempt of court — ( a ) to use in court any audio recorder, electronic device or other instrument for audio or visual recording or both, or to bring into court any such instrument for the purpose of audio or visual recording or both, without the permission of the court; [Act 25 of 2021 wef 01/04/2022] ( aa ) to make an audio or a visual recording or both of court proceedings, or any recording derived directly or indirectly from it, without the permission of the court; [Act 25 of 2021 wef 01/04/2022] ( b ) to publish or transmit an audio or a visual recording or both of court proceedings (being a recording mentioned in paragraph ( aa ) or made by means of any audio recorder, electronic device or other instrument mentioned in paragraph ( a )), or any recording derived directly or indirectly from it; or [Act 25 of 2021 wef 01/04/2022] ( c ) to use any such recording in contravention of any conditions of permission granted under paragraph ( a ) or ( aa ). [Act 25 of 2021 wef 01/04/2022] (2) Permission under subsection (1)( a ) or ( aa ) may be granted or refused at the discretion of the court, and if granted may be granted subject to any conditions that the court thinks proper with respect to the use of any recording made pursuant to the permission; and where permission has been granted, the court may at its discretion withdraw or amend it either generally or in relation to any particular part of the proceedings. [Act 25 of 2021 wef 01/04/2022] (3) Without prejudice to any other power to deal with an act under subsection (1)( a ) or ( aa ), the court may order the audio recorder, electronic device or other instrument mentioned in subsection (1)( a ) or any recording made with it, or both, or the recording mentioned in subsection (1)( aa ), to be forfeited; and any object so forfeited must (unless the court otherwise determines on application by a person appearing to be the owner) be sold or otherwise disposed of in the manner directed by the court. [Act 25 of 2021 wef 01/04/2022] (4) This section does not apply to the making or use of audio or visual recordings or both for purposes of official transcripts of proceedings or any other purpose authorised by the court. (5) In this section — ( a ) “court proceedings” includes court proceedings, or any part of court proceedings, conducted through any electronic means of communication; ( b ) the reference to an audio or a visual recording of court proceedings includes an audio or a visual recording of — (i) a person participating in a court proceeding; or (ii) a person viewing or listening to a court proceeding, including an audio or a visual recording of a court proceeding; and ( c ) “recording” includes any recording of a temporary nature, including (but not limited to) any such recording for the purposes of contemporaneous or instantaneous publication or transmission. [Act 25 of 2021 wef 01/04/2022]


document_id: ajpa-2016
provision_ref: s6
chapter: PART 2 - TYPES OF CONTEMPT
section: 6
title: Contempt by corporations
content:
6. —(1) Where, in a proceeding for contempt of court under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits contempt of court under this Act, a person — ( a ) who is — (i) an officer of the corporation, or a member of a corporation whose affairs are managed by its members; or (ii) an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the contempt of court; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the contempt of court; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the contempt of court by the corporation; or (iii) knew or ought reasonably to have known that the contempt of court by the corporation (or contempt of court 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 contempt of court, shall be guilty of the same contempt of court as is the corporation, and shall be liable on being found guilty of contempt of court to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the contempt of court with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for contempt of court under this Act, and applies whether or not the corporation is found guilty of contempt of court. (6) This section applies to an offence under this Act as if it were contempt of court under this Act and to a conviction as if it were a finding of guilt of contempt of court. (7) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member was a director of the corporation; “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: ajpa-2016
provision_ref: s7
chapter: PART 2 - TYPES OF CONTEMPT
section: 7
title: Contempt by unincorporated associations or partnerships
content:
7. —(1) Where, in a proceeding for contempt of court 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 contempt of court 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 who is involved in the management of the unincorporated association or partnership and who is 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 contempt of court; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the contempt of court by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the contempt of court by the unincorporated association or partnership (or contempt of court 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 contempt of court, shall be guilty of the same contempt of court as is the unincorporated association or partnership (as the case may be), and shall be liable on being found guilty of contempt of court 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 contempt of court 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 contempt of court under this Act, and applies whether or not the unincorporated association or partnership is found guilty of the contempt of court. (6) This section applies to an offence under this Act as if it were contempt of court under this Act and to a conviction as if it were a finding of guilt of contempt of court. (7) 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: ajpa-2016
provision_ref: s8
chapter: PART 2 - TYPES OF CONTEMPT
section: 8
title: Common law rules on contempt
content:
8. —(1) This Act prevails over any common law rule on contempt of court to the extent that the rule is inconsistent with any of the provisions of this Act. (2) All defences at common law to contempt of court under this Act, not contained in this Act, are repealed. (3) To avoid doubt, the common law rules on contempt of court continue in force except so far as they are inconsistent with the provisions of this Act. (4) To avoid doubt, the common law rules in this section refer to both the substantive and procedural common law rules on contempt.


document_id: ajpa-2016
provision_ref: s9
chapter: PART 2 - TYPES OF CONTEMPT
section: 9
title: Inherent power of court
content:
9. Nothing in this Act limits or affects the inherent powers of a court, including but not limited to — ( a ) the power of the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal to commence proceedings on its own motion for contempt of court; ( b ) the power of a court to cause a person to be removed from the court; ( c ) the coercive power of a court to detain a person in custody until that person complies with the court’s order or direction for a period not exceeding the maximum term of imprisonment specified in section 12; ( d ) the power of the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal to issue an injunction including but not limited to an interim injunction to restrain a contempt of court; and ( e ) the power of a court to require a person to provide security for compliance with an order of court, the payment of any money or the performance or non‑performance of any act. [40/2019]


document_id: ajpa-2016
provision_ref: s10
chapter: PART 3 - JURISDICTION AND PUNISHMENT FOR CONTEMPT
section: 10
title: Power to punish for contempt
content:
10. —(1) The General Division of the High Court, the Appellate Division of the High Court and the Court of Appeal have jurisdiction to try and power to punish for contempt of court. [40/2019] (2) The General Division of the High Court has and exercises the same jurisdiction, powers and authority in accordance with the same procedure and practice in respect of contempt committed in connection with proceedings in the Court of Appeal, contempt committed in connection with proceedings in the Appellate Division of the High Court and contempt of courts subordinate to it as it has and exercises in respect of contempt of itself. [40/2019] (3) The State Court, Family Court and Youth Court have jurisdiction to try and power to punish for contempt of court where the contempt is committed — ( a ) in the face of that court other than a Small Claims Tribunal and an Employment Claims Tribunal; or ( b ) in connection with any proceedings in that court. (4) Despite subsection (3), the General Division of the High Court in any particular case — ( a ) may, either on its own motion or on the application of the alleged contemnor, order that the case be transferred to and be tried before the General Division of the High Court; or ( b ) must, on the application of the Attorney‑General, order that the case be transferred to and be tried before the General Division of the High Court. [40/2019]


document_id: ajpa-2016
provision_ref: s11
chapter: PART 3 - JURISDICTION AND PUNISHMENT FOR CONTEMPT
section: 11
title: Jurisdiction over certain publications, acts and omissions outside Singapore
content:
11. —(1) Without affecting the jurisdiction and power conferred under this Act or any other written law, a court has jurisdiction to try any contempt of court and to impose the full punishment under this Act in the circumstances specified in subsections (2) to (5). (2) Where the publication in relation to contempt of court was published through the Internet or other electronic media (regardless of whether it was first published in Singapore or elsewhere), the publication is taken to be published in Singapore if it was accessed by members of the public in Singapore. (3) Where the publication in relation to contempt of court was published otherwise than in subsection (2) (regardless of whether it was first published in Singapore or elsewhere), if the publication was published in Singapore. (4) Where the person who commits contempt of court under section 4 is legally bound to obey or comply with the judgment, decree, direction, order, writ or other process of a court or an undertaking given to a court, regardless of whether the disobedience or failure to comply occurred in Singapore or elsewhere. (5) Where the act in relation to contempt of court under section 3(1)( c ), ( d ) and ( e ) (regardless of whether it occurred wholly or partly outside Singapore) directly interferes with, obstructs or poses a real risk of interference with or obstruction of the administration of justice in Singapore. Illustration 1 A resides in a foreign country and has agreed to testify as a witness in a criminal trial in Singapore. B stops A from travelling to Singapore to testify in the trial by making in the foreign country a death threat against A . The Singapore court has jurisdiction under subsection (5) to try and punish B for contempt of court. Illustration 2 A accepts a bribe from B in a foreign country as gratification for giving false evidence in A ’s testimony as a witness in a civil trial in Singapore. A gives false evidence in the trial in Singapore. The Singapore court has jurisdiction under subsection (5) to try and punish B for contempt of court.


document_id: ajpa-2016
provision_ref: s12
chapter: PART 3 - JURISDICTION AND PUNISHMENT FOR CONTEMPT
section: 12
title: Punishment for contempt of court
content:
12. —(1) Except as otherwise provided in any other written law, a person who commits contempt of court shall be liable to be punished — ( a ) subject to paragraph ( b ), where the power to punish for contempt is exercised by the General Division of the High Court, by the Appellate Division of the High Court or by the Court of Appeal, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 3 years or with both; ( b ) where the power to punish for contempt is exercised by the General Division of the High Court in relation to contempt in the face of or in connection with any proceedings in a State Court, Family Court or Youth Court (as the case may be), with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both; or ( c ) where the power to punish for contempt is exercised by any other court, with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both. [40/2019] (2) In addition to any punishment imposed under subsection (1), where a person has committed contempt in relation to the proceedings before a court, the court may refuse to hear the person until the contempt is purged or the person submits to the order or direction of the court or an apology is made to the satisfaction of the court. (3) In addition to any punishment imposed under subsection (1), the court may, on its own motion or on application by the applicant in the contempt proceedings, make an order that the person who has committed contempt must publish such notice, and in such manner, as the court thinks necessary to apologise for the contemptuous publication. (4) An order under subsection (3) may be made subject to such exceptions or conditions (including the duration for which the notification must be made accessible to members of the public) as may be specified in the order. (5) Despite subsection (1), the court may discharge the person who has committed contempt or remit the punishment or any part of it on his or her purging of the contempt, submission to the order or direction of the court or on apology being made to the satisfaction of the court. (6) To avoid doubt, the court may, if the interests of justice so require, find a person guilty of contempt of court and impose the punishment under this section even though the person is absent.


document_id: ajpa-2016
provision_ref: s13
chapter: PART 3 - JURISDICTION AND PUNISHMENT FOR CONTEMPT
section: 13
title: Power of Attorney-General to give non-publication direction
content:
13. —(1) The Attorney‑General may, if he or she is satisfied that it is in the public interest to do so and with the permission of the General Division of the High Court under subsection (7), direct the publisher of any matter to refrain from or cease publishing that matter. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) A direction given under this section may be subject to such exceptions or conditions as may be specified in the direction. (3) A direction under this section may be served by such means as prescribed in rules made by the Minister. (4) A direction under this section takes effect in respect of the person to whom the direction applies — ( a ) from the date when that direction is served or deemed served on that person; or ( b ) from such later date as the Attorney‑General may specify. (5) Any person who fails, without reasonable excuse, to comply with a direction under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (6) The Attorney-General may at any time suspend or cancel the direction. (7) Permission of the General Division of the High Court must be granted if the General Division of the High Court is satisfied — ( a ) on the basis of a prima facie case that the person to whom the proposed direction will apply has published the matter specified in the proposed direction; ( b ) on the basis of a prima facie case that the publication of such matter — (i) imputes improper motives to or impugns the integrity, propriety or impartiality of any court; and poses a risk that public confidence in the administration of justice would be undermined; (ii) prejudges an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or (iii) otherwise prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; and ( c ) that any exception or condition specified in the proposed direction is just and equitable. [40/2019] [Act 25 of 2021 wef 01/04/2022] (8) An application for permission must be made in such manner as may be prescribed in Rules of Court or Family Justice Rules except that — ( a ) the application must be heard without the presence of the person to whom the proposed direction applies or the author of the matter specified in the proposed direction; and ( b ) the Attorney‑General is not required to give the publisher notice of the application before the hearing of the application. [Act 25 of 2021 wef 01/04/2022] (9) The person to whom the direction applies, or the author of the matter specified in the direction, may apply to the General Division of the High Court to set aside or vary the direction, within such period and in such manner as may be prescribed in Rules of Court or Family Justice Rules. [40/2019] (10) On an application under subsection (9), the General Division of the High Court may set aside or vary the direction in whole or in part if it is satisfied, on the balance of probabilities, that — ( a ) the person to whom the direction applies did not publish the matter specified in the direction; ( b ) the publication of the matter did not — (i) impute improper motives to or impugn the integrity, propriety or impartiality of any court; and pose a risk that public confidence in the administration of justice would be undermined; (ii) prejudge an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; and (iii) otherwise prejudice, interfere with, or pose a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or ( c ) any exception or condition specified in the direction is not just and equitable. [40/2019] (11) An application made under subsection (9) does not operate as a stay of the direction. (12) No criminal or civil liability is to be incurred for anything done or omitted to be done with reasonable care and in good faith in complying with a direction given under this section. (13) To avoid doubt, nothing in this section prevents the institution or continuation of proceedings for contempt of court in respect of a matter which is the subject of a direction. (14) Every offence under this section is an arrestable offence for the purposes of the Criminal Procedure Code 2010. (15) The Minister may make rules for the purposes of this section and for prescribing anything that is required to be prescribed. (16) All rules made under subsection (15) must be presented to Parliament as soon as possible after publication in the Gazette . (17) In this section — “author” means the originator of the matter published; “publisher” means any person who publishes the matter and includes an Internet Content Provider as defined in any subsidiary legislation made under the Broadcasting Act 1994 but excludes any person or class of persons that the Minister may prescribe.


document_id: ajpa-2016
provision_ref: s14
chapter: PART 4 - DEFENCES TO CONTEMPT
section: 14
title: Fair and accurate report of court proceeding not contempt
content:
14. —(1) Subject to this section, a person is not guilty of contempt of court under section 3(1)( a ) or ( b ) for publishing in good faith a fair and accurate report of a court proceeding or any stage of the proceeding held in public, that was published contemporaneously with, or within a reasonable time after, that proceeding. (2) A person is not guilty of contempt of court under section 3(1)( a ) or ( b ) for publishing in good faith a fair and accurate report of a proceeding before any court sitting in chambers or in private, that was published contemporaneously with, or within a reasonable time after, that proceeding, except — ( a ) where the publication is contrary to the provisions of any written law; ( b ) where the court, on grounds of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published; ( c ) where the court sits in chambers or in private for reasons connected with public order or the security of the State; or [Act 25 of 2021 wef 01/04/2022] ( d ) where the information relates to a secret process, discovery or invention, or other confidential information which is an issue in the proceedings. [Act 25 of 2021 wef 01/04/2022] (3) A person is not guilty of contempt of court under section 3(1)( a ) or ( b ) for publishing the text or a fair and accurate summary of the whole, or any part, of an order made by a court sitting in chambers or in private, unless the court has expressly prohibited such publication. [Act 25 of 2021 wef 01/04/2022] (4) In any court proceedings, the court may, where it appears to be necessary to the administration of justice in those proceedings, or in any other proceedings pending or imminent, order that the publication of any report of the proceedings, or any part of the proceedings, be postponed for such period as the court thinks necessary for that purpose.


document_id: ajpa-2016
provision_ref: s15
chapter: PART 4 - DEFENCES TO CONTEMPT
section: 15
title: Fair and accurate report of parliamentary proceedings not contempt
content:
15. —(1) A person is not guilty of contempt of court under section 3(1)( a ) or ( b ) for publishing in good faith a fair and accurate report of proceedings in Parliament or before a committee of Parliament, that was published contemporaneously with, or within a reasonable time after, the proceedings. (2) A person is not guilty of contempt of court under section 3(1)( a ) or ( b ) for publishing in good faith a fair and accurate report of matter in a document presented to or laid before Parliament or a committee of Parliament, that was published contemporaneously with, or within a reasonable time after, the presentation or tabling of the document. (3) To avoid doubt, nothing in this Act limits or affects the privileges, immunities and powers of Parliament.


document_id: ajpa-2016
provision_ref: s16
chapter: PART 4 - DEFENCES TO CONTEMPT
section: 16
title: Report in good faith made to Chief Justice, police, etc., not contempt
content:
16. —(1) To avoid doubt, a person is not guilty of contempt of court under section 3(1)( a ) by reason that he or she has made a report to the Chief Justice, the police, a law enforcement agency or any other public authority alleging misconduct or corruption on the part of a judge, being a report — ( a ) which is made in good faith; and ( b ) which discloses grounds which, if unrebutted, would provide a sufficient basis for the investigation of the allegation of misconduct or corruption. (2) In this section, “law enforcement agency” has the meaning given by the Criminal Procedure Code 2010.


document_id: ajpa-2016
provision_ref: s17
chapter: PART 4 - DEFENCES TO CONTEMPT
section: 17
title: Filing of pleadings and application against judge not contempt
content:
17. —(1) A person is not guilty of contempt of court under section 3(1)( a ) for filing in good faith any action, pleading, application or affidavit in court. (2) Without limiting subsection (1), a person is not guilty of contempt of court in respect of any application he or she may make to seek the disqualification of the judge, on any ground or statement made by him or her in good faith concerning the judge of any court to that court or to — ( a ) any other court with equivalent jurisdiction; or ( b ) a superior court. (3) Without limiting subsection (1), a person is not guilty of contempt of court in respect of any appeal that the person may lodge against a judgment, decree, direction, order or other decision of a judge of any court, on any ground or statement made by him or her in good faith concerning the judge to that court or to — ( a ) any other court with equivalent jurisdiction; ( b ) a superior court; or ( c ) a judge who has supervisory jurisdiction over the equivalent or superior court.


document_id: ajpa-2016
provision_ref: s18
chapter: PART 4 - DEFENCES TO CONTEMPT
section: 18
title: Innocent publication or distribution
content:
18. —(1) A person (not being the author) exercising editorial responsibility or other control over a publication is not guilty of contempt of court under section 3(1)( a ) or ( b ) for publishing any matter if the publication was done without the person’s authority, consent or knowledge, and without any want of due care or caution on that person’s part. (2) A person (not being the author) is not guilty of contempt of court under section 3(1)( a ) or ( b ) for distributing any matter if the distribution was done without the person’s authority, consent or knowledge, and without any want of due care or caution on that person’s part. (3) In this section, “author” means the originator of the matter published or distributed.


document_id: ajpa-2016
provision_ref: s19
chapter: PART 4 - DEFENCES TO CONTEMPT
section: 19
title: Publication outside Singapore
content:
19. A person is not guilty of contempt of court under section 3(1)( a ) or ( b ) for publishing any matter outside Singapore if the person did not know and had no reason to believe that the publication would be seen or heard by members of the public in Singapore.


document_id: ajpa-2016
provision_ref: s20
chapter: PART 4 - DEFENCES TO CONTEMPT
section: 20
title: No knowledge proceedings were pending
content:
20. A person is not guilty of contempt of court under section 3(1)( b ) for publishing any matter that prejudices, interferes with, or poses a real risk of prejudice to or interference with the course of any court proceeding that is pending if the person did not know and had no reason to believe that those proceedings were pending.


document_id: ajpa-2016
provision_ref: s21
chapter: PART 4 - DEFENCES TO CONTEMPT
section: 21
title: Honest and reasonable mistake
content:
21. A person is not guilty of contempt of court under section 4(1), (2) or (3) if the person satisfies the court that the failure or refusal to comply with a judgment, order, decree, direction, writ or other process of court or any undertaking given to a court was wholly or substantially attributable to an honest and reasonable failure by that person, at the relevant time, to understand an obligation imposed on the person bound by the judgment, order, decree, direction, writ, process or undertaking and that that person ought fairly to be excused.


document_id: ajpa-2016
provision_ref: s21A
chapter: PART 4 - DEFENCES TO CONTEMPT
section: 21A
title: No knowledge of making, etc., of recording of court proceedings
content:
21A. A person is not guilty of contempt of court under section 5(1)( aa ), ( b ) or ( c ) in relation to the making, publication, transmission or use of a recording of a court proceeding, if — ( a ) the court proceeding was conducted through an electronic means of communication; and ( b ) the person did not know, and could not reasonably have known, that the person was making, publishing, transmitting or using a recording of a court proceeding. [Act 25 of 2021 wef 01/04/2022]


document_id: ajpa-2016
provision_ref: s22
chapter: PART 5 - INVESTIGATIONS BY POLICE AND
section: 22
title: Investigations by police and application of this Part
content:
22. —(1) Where the Attorney-General — ( a ) receives a complaint from a judge that contempt of court has been committed; or ( b ) has reasonable grounds to otherwise suspect that contempt of court has been committed and that it is in the public interest to do so, the Attorney‑General must, in the case of a complaint made under paragraph ( a ) in relation to contempt of court under section 3 or 4(8), and may, in any other case, by order in writing authorise a police officer to investigate the alleged contempt as if it were an arrestable offence in such manner or mode as may be specified in that order. (2) This Part applies to the alleged contempt mentioned in subsection (1).


document_id: ajpa-2016
provision_ref: s23
chapter: PART 5 - INVESTIGATIONS BY POLICE AND
section: 23
title: Application of Criminal Procedure Code 2010
content:
23. —(1) The Attorney-General may by order in writing authorise a police officer to exercise, for the purposes of any investigation under section 22, all or any of the powers in relation to police investigations given by the Criminal Procedure Code 2010 as set out in Part 1 of the Schedule. (2) For the purposes of any investigation under section 22, the provisions of the Criminal Procedure Code 2010 set out in Part 2 of the Schedule apply, with the necessary modifications, as if the alleged contempt were an arrestable offence.


document_id: ajpa-2016
provision_ref: s24
chapter: PART 5 - INVESTIGATIONS BY POLICE AND
section: 24
title: Statements recorded admissible
content:
24. The statements made to a police officer in the course of investigations conducted pursuant to an order made under section 22 are admissible as evidence in proceedings for contempt of court under this Act in accordance with section 258 or 259 of the Criminal Procedure Code 2010, as may be applicable.


document_id: ajpa-2016
provision_ref: s25
chapter: PART 6 - PROCEDURAL MATTERS
section: 25
title: Summary procedure where contempt is in face of court
content:
25. —(1) Where it appears to a court (other than a Small Claims Tribunal and an Employment Claims Tribunal), that a person has committed contempt in the face of the court, and that court is satisfied that it is necessary for immediate steps to be taken for the protection of the due administration of justice, that court may cause such person to be detained in custody, and must as soon as practicable — ( a ) cause the person to be informed in writing of the contempt with which he or she is charged; ( b ) afford the person an opportunity to make his or her defence to the charge; ( c ) after taking such evidence as may be necessary or as may be offered by the person and after hearing the person, proceed, either immediately or after adjournment, to determine the matter of the charge; and ( d ) make such order for the punishment or discharge of the person as may be just. (2) Despite subsection (3), the court may direct that a person charged with contempt in the face of the court be detained in such custody as the court may specify pending the determination of the charge or be released on bail or on his or her own bond. (3) The provisions under Division 5 of Part 6 of the Criminal Procedure Code 2010 apply to any case where the court releases the person charged with a contempt of court on bail or on his or her own bond under this section and for the purposes of those provisions, the contempt of court is treated as a non‑bailable offence. (4) To avoid doubt and despite subsections (1) and (2), the proceedings being conducted in the court before the contempt in the face of the court was committed may continue as the court thinks fit.


document_id: ajpa-2016
provision_ref: s26
chapter: PART 6 - PROCEDURAL MATTERS
section: 26
title: Contempt proceedings
content:
26. —(1) Proceedings for contempt of court and the power of the court to punish the contempt of court must be exercised in accordance with the procedure set out in Rules of Court or Family Justice Rules. (2) To avoid doubt, this section applies to proceedings for contempt of court even though — ( a ) the Attorney-General has under section 22 authorised a police officer to investigate an alleged contempt as if it were an arrestable offence; ( b ) the Attorney-General has under section 23 authorised a police officer to exercise all or any of the powers in relation to police investigations set out in Part 1 of the Schedule; or ( c ) the Attorney-General’s consent is required under section 30 for the institution of such proceedings for contempt of court. (3) The court in any proceedings for contempt of court may award costs to be paid by or to any party as it thinks fit. (4) The Rules Committee constituted under the Supreme Court of Judicature Act 1969 may make Rules of Court prescribing the procedure for proceedings for contempt of court, the procedure for the punishment of contempt of court and the procedure under section 13(8) and (9). (5) The Family Justice Rules Committee constituted under the Family Justice Act 2014 may make Family Justice Rules prescribing the procedure for proceedings for contempt of court, the procedure for the punishment of contempt of court and the procedure under section 13(8) and (9). (6) To avoid doubt and for the purposes of the Supreme Court of Judicature Act 1969 and the State Courts Act 1970, any originating process for contempt of court is an originating process for the purposes of service outside Singapore in the circumstances authorised by and in the manner prescribed by Rules of Court or Family Justice Rules.


document_id: ajpa-2016
provision_ref: s26A
chapter: PART 6 - PROCEDURAL MATTERS
section: 26A
title: Evidence through video or television links
content:
26A. —(1) Despite any other written law, but subject to this section, in any proceedings brought against a person for contempt of court, a court may only grant permission for the person against whom those proceedings are brought to give evidence or to appear (other than to give evidence) by means of a live video or live television link, if — ( a ) the court is satisfied that — (i) it is in the interests of justice for that person to give evidence or to appear (other than to give evidence) by means of a live video or live television link; and (ii) sufficient administrative and technical facilities and arrangements are made at the place from which that person is to give evidence or to appear; and ( b ) that person gives evidence or appears (other than to give evidence) by means of a live video or live television link from — (i) a place within a court or a prison in Singapore; or (ii) any other place in Singapore, where all parties consent to that person giving evidence or appearing from that place. (2) Despite any other written law, but subject to this section, in any proceedings mentioned in subsection (1), the court may grant permission for a witness (not being the person against whom the proceedings are brought) in Singapore to give evidence from a place in Singapore by means of a live video or live television link, if — ( a ) the court is satisfied that sufficient administrative and technical facilities and arrangements are made at the place from which the witness is to give evidence; and ( b ) any one of the following conditions is satisfied: (i) the witness is below the age of 18 years; (ii) it is expressly agreed between the parties to the proceedings that evidence may be so given; (iii) the court is satisfied that it is expedient in the interests of justice to do so. (3) Despite any other written law, but subject to this section, in any proceedings mentioned in subsection (1), a court may only grant permission for a witness (not being the person against whom the proceedings are brought) who is not in Singapore to give evidence from a place that is not in Singapore by means of a live video or live television link, if — ( a ) the court is satisfied that allowing the witness to give evidence from a place that is not in Singapore by means of a live video or live television link would be in the interests of justice; ( b ) the court is satisfied that sufficient administrative and technical facilities and arrangements are made at the place from which the witness is to give evidence; and ( c ) any one of the following conditions is satisfied: (i) the witness is an expert witness; (ii) the witness is a witness of fact and all parties consent to the witness giving evidence from outside Singapore; (iii) the witness — (A) is a witness of fact; (B) is unable to give evidence from a place in Singapore; and (C) has — (CA) sworn an affidavit, in accordance with any Rules of Court or Family Justice Rules governing such affidavit, containing the evidence-in-chief which the witness proposes to give to the court; or (CB) made a statutory declaration in the manner provided in section 11 or 12 of the Oaths and Declarations Act 2000 * containing the evidence-in-chief which the witness proposes to give to the court. [*Updated to be consistent with the 2020 Revised Edition] (4) For the purposes of subsection (3)( c )(iii)(B), a witness is not unable to give evidence from a place in Singapore merely because — ( a ) the witness fears arrest in Singapore or in any other jurisdiction; ( b ) the witness fears prosecution in Singapore or in any other jurisdiction; or ( c ) a warrant of arrest has been issued against the witness in Singapore or in any other jurisdiction. (5) The court may, in granting permission under subsection (1), (2) or (3), make an order on all or any of the following matters: ( a ) the persons who may be present at the place where the witness is giving evidence; ( b ) that a person be excluded from the place while the witness is giving evidence; ( c ) the persons in the courtroom who must be able to be heard, or seen and heard, by the witness and by the persons with the witness; ( d ) the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness; ( e ) the persons in the courtroom who must be able to see and hear the witness and the persons with the witness; ( f ) the stages in the proceedings during which a specified part of the order is to have effect; ( g ) the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice; ( h ) any other order the court considers necessary in the interests of justice; ( i ) any other matter prescribed by rules made under subsection (13) for the purposes of this subsection. (6) The court may revoke, suspend or vary an order made under this section if — ( a ) the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available; ( b ) it is necessary for the court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties to the proceedings; ( c ) it is necessary for the court to do so, so that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment; ( d ) it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom; ( e ) there has been a material change in the circumstances after the court has made an order; or ( f ) any conditions prescribed by rules made under subsection (13) for the purposes of this subsection are met. (7) A court may, if the court considers it necessary, either on the court’s own motion or on the application of a person against whom proceedings for contempt of court are brought, require a person against whom proceedings for contempt of court are brought to be produced in person before the court in proceedings mentioned in subsection (1). (8) The court must not make an order under this section, or include a particular provision in such an order, if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings. (9) In making any order under this section, or any particular provision in such an order, a court is to have regard to matters prescribed by rules made under subsection (13). (10) An order made under subsection (2) does not cease to have effect merely because the person in respect of whom the order was made attains the age of 18 years before the proceedings in which the order was made are finally determined. (11) Evidence given by a witness (whether in Singapore or elsewhere), or a person against whom proceedings are brought for contempt of court, through a live video or live television link by virtue of this section is deemed for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code 1871 * as having been given in the proceedings in which the evidence is given. [*Updated to be consistent with the 2020 Revised Edition] (12) Where a person gives evidence in accordance with this section, the person is, for the purposes of the Evidence Act 1893 * , deemed to be giving evidence in the presence of the court. [*Updated to be consistent with the 2020 Revised Edition] (13) The Rules Committee constituted under the Supreme Court of Judicature Act 1969 * , and the Family Justice Rules Committee constituted under the Family Justice Act 2014, may make such rules as appear to it to be necessary or expedient for the purpose of giving effect to this section and for prescribing anything which may be prescribed under this section. [*Updated to be consistent with the 2020 Revised Edition] (14) In this section, “live video or live television link” means a live video or live television link that is created using an electronic communication technology approved by the Chief Justice. [Act 25 of 2021 wef 01/04/2022]


