# legal_provisions

document_id: prea-1991
provision_ref: s32B
chapter: PART 2 - ELECTIONS
section: 32B
title: Recounting of votes
content:
32B. —(1) The Returning Officer must conduct a recount of the votes cast in Singapore at an election if the difference between the number of votes given to the candidate with the most votes and the number of votes given to any other candidate at the election is 2% or less of the total number of votes cast in Singapore (excluding rejected votes and tendered votes) at the election. [6/2017] (2) The recount of the votes under subsection (1) may be conducted only once, and must take place as soon as practicable — ( a ) in the case of a sole counting place specified under this Act for the election, after the counting of the votes at the sole counting place is completed; or ( b ) in the case of more than one counting place specified under this Act for the election, after the Returning Officer has ascertained the total number of votes given to each candidate in the election under section 32(8C). [6/2017] (3) Where a recount of the votes is to be conducted, the votes at the sole counting place or, if there is more than one counting place, at every counting place must be recounted and added following the same procedure set out in sections 32 and 33. [6/2017] (4) [ Deleted by Act 9 of 2023 wef 01/06/2023 ]


document_id: prea-1991
provision_ref: s33
chapter: PART 2 - ELECTIONS
section: 33
title: Votes to be rejected
content:
33. —(1) The Returning Officer must reject as invalid the following ballot papers only: ( a ) any ballot paper which does not bear the complete official mark for the authentication of ballot papers or is not initialled by the presiding officer; ( b ) any ballot paper on which votes are given for more than one candidate; ( c ) any ballot paper on which anything is written or marked by which the voter can be identified except the printed number on the back; ( d ) any ballot paper which is unmarked; ( e ) any ballot paper which is void for uncertainty. (2) Subject to subsection (2A), where the Returning Officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter and the candidate for whom the voter gives his or her vote, the Returning Officer must not reject the ballot paper on the ground solely that it has not been marked in all respects in accordance with the directions given for the guidance of voters under this Act. [6/2017] (2A) When determining whether a mark made on a ballot paper clearly indicates the voter’s intention and the candidate for whom the voter gives his or her vote, the Returning Officer must disregard any mark on the ballot paper that is not made within the area demarcated on the ballot paper for the voter to mark his or her vote for a candidate. [6/2017] (3) Before rejecting a ballot paper, the Returning Officer must show it to each candidate or the candidate’s counting agent if present and hear his or her views thereon, taking all proper precautions to prevent any person from seeing the number printed on the back of the paper. (4) The decision of the Returning Officer as to whether or not any ballot paper is to be rejected is final and is not to be questioned on an application under section 71.


document_id: prea-1991
provision_ref: s33A
chapter: PART 2 - ELECTIONS
section: 33A
title: Approval of DRE voting systems
content:
33A. —(1) A DRE voting system must not be used at any poll unless the DRE voting system is approved before the date of the writ of the election under section 6 by — ( a ) the Auditor-General; or ( b ) any person appointed by the Minister in consultation with the Auditor‑General. (2) The Auditor-General or person appointed under subsection (1) must not approve any DRE voting system for use at any election unless, after conducting such tests as he or she considers necessary in the presence of the Returning Officer and such representatives of any political party as are present, he or she is satisfied that the DRE voting system — ( a ) permits voting in secrecy; ( b ) permits each voter to vote from all the candidates as are nominated for the election; ( c ) operates safely and efficiently and accurately counts all votes cast for each candidate; ( d ) is set to detect voting errors and to reject all votes for any candidate when the number of votes recorded exceeds the number of votes that may lawfully be cast; ( e ) permits each voter to clearly see the ballot display; ( f ) is safe from fraudulent or unauthorised manipulation or operation; ( g ) ensures that all voting data stored in the DRE voting machines used is maintained regardless of electrical power surges or outages; and ( h ) is capable of providing records from which the operation of the DRE voting system may be audited and for verification of the accuracy of the recording and counting of votes, but does not allow for identification of any voter. (3) Subject to subsection (1), a DRE voting system must not be used at a poll in any electoral division unless the Returning Officer specifies, by notice under section 16, that a DRE voting system will be used at the poll in that electoral division. (4) Where a DRE voting system is to be used at any forthcoming poll in any electoral division in accordance with this section, the Returning Officer may, for the purpose of instructing electors, provide one or more demonstrations as to the use of the DRE voting system in one or more public places within that electoral division.


document_id: prea-1991
provision_ref: s33B
chapter: PART 2 - ELECTIONS
section: 33B
title: Approval of DRE voting machines and equipment
content:
33B. —(1) It is the duty of the Returning Officer to provide at each polling station within every electoral division specified in the notice under section 16 — ( a ) a sufficient number of DRE voting machines and other direct recording electronic voting equipment approved under subsection (2) for electors allotted to the polling station to cast their votes; ( b ) booths or other reasonable facilities within which approved DRE voting machines are to be placed to enable electors allotted to the polling station to record their votes screened from observation and to vote in accordance with the provisions of this Act; and ( c ) a sufficient number of other approved DRE voting machines, direct recording electronic voting equipment and other voting equipment in the event of any malfunction of all or any approved DRE voting machines at that polling station. [6/2017] (2) Not earlier than 4 clear days before polling day, the Auditor‑General or person appointed by the Minister under section 33A(1) must inspect and conduct or cause to be inspected and conducted such tests on every DRE voting machine and direct recording electronic voting equipment to be used at a poll, and if he or she is satisfied that any such DRE voting machine and equipment are in the proper order for use at a poll, he or she must not later than on the eve of polling day — ( a ) approve the DRE voting machine and equipment so tested for use at the poll; ( b ) number the approved DRE voting machine; ( c ) seal with his or her seal and secure the approved DRE voting machine and direct recording electronic voting equipment against use until polling day and despatch it in safe custody to the Returning Officer who must store it in safe custody until polling day; ( d ) make a record containing the identification numbers of every such approved DRE voting machine and the respective polling stations to which each has been allocated; and ( e ) furnish a copy of the record to such candidate or the candidate’s election agent who requests such a copy before polling day. (3) Any inspection and test of DRE voting machines and direct recording electronic voting equipment under subsection (2) must be carried out — ( a ) on such date and at such time and premises as the Returning Officer may specify by public notice not less than 5 clear days before polling day; and ( b ) in the presence of such candidate or his or her election agent or polling agent as may be present at those premises on that date and time.


document_id: prea-1991
provision_ref: s33C
chapter: PART 2 - ELECTIONS
section: 33C
title: Pre-poll testing of DRE voting system, etc.
content:
33C. —(1) Immediately before the commencement of the poll in any electoral division specified in a notice under section 16(5), the presiding officer at every polling station within the electoral division must, and in the sight of such person as may be present at the polling station — ( a ) ensure that every DRE voting machine and direct recording electronic voting equipment delivered to the polling station for use at the poll is approved under section 33B(2) and still sealed and secured against use; ( b ) install the approved DRE voting machine and direct recording electronic voting equipment for use at the poll at the polling station; ( c ) inspect and test each DRE voting machine and direct recording electronic voting equipment so installed in the prescribed manner to ensure that it is functioning properly and take such corrective action (including replacement or repair) as is necessary to ensure that it is functioning properly; and ( d ) unsecure the DRE voting machine for use at the poll. (2) The presiding officer at a polling station using DRE voting machines and direct recording electronic voting equipment at the poll must periodically inspect or cause to be inspected the machines and equipment for tampering and damage or any malfunction while voting is in progress. (3) If at any time before or after the commencement of a poll using a DRE voting system, the presiding officer at a polling station determines that the approved DRE voting machines or direct recording electronic voting equipment delivered to the polling station cannot be replaced or repaired promptly and that voting cannot be continued using the remaining approved DRE voting machines and approved direct recording electronic voting equipment without interfering substantially with the orderly conduct of the poll, the presiding officer must, with the approval of the Returning Officer — ( a ) immediately halt voting at that polling station if the poll has already commenced; and ( b ) make such necessary arrangements for voting at the polling station — (i) to commence or resume (as the case may be) on the same day and close at such other hours as the Returning Officer may appoint, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act; or (ii) to be adjourned and conducted afresh on such other date as the Returning Officer may declare by notification in the Gazette , being a date not more than one week later, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act.


document_id: prea-1991
provision_ref: s33D
chapter: PART 2 - ELECTIONS
section: 33D
title: DRE voting system procedures generally
content:
33D. —(1) Except as otherwise provided in sections 33B and 33C and any regulations made under this section, any poll using any DRE voting system must be conducted in the same manner as that in which voting is conducted under sections 17 to 34, and is regarded as a poll for the purposes of this Act. (2) The ballot image displayed on any approved DRE voting machine at any poll must be an identical representation in electronic form of the ballot paper used at the poll. (3) The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls using a DRE voting system, including in particular, prescribing the training of presiding officers in operating DRE voting systems, the procedures on opening and closing of such a poll, the manner of voting, the counting of votes and for the safe despatch or transmission of records of voting using DRE voting machines for counting, including recounting, if any.


document_id: prea-1991
provision_ref: s34
chapter: PART 2 - ELECTIONS
section: 34
content:
34. —(1) After declaring the result under section 32(8)( a ) or (8D)( a ) and counting of all votes cast by overseas electors or after declaring the result under section 36E(1)( b ) (as the case may be), the Returning Officer must immediately compile a statement of the poll in the prescribed form and must cause the statement and the name of the person elected to the office of President to be published in the Gazette . [Act 9 of 2023 wef 01/06/2023] (2) Despite the provisions of this Act, if the candidate who has been declared elected to the office of President under section 15 or 32 dies before the commencement of his or her term of office, the Prime Minister must immediately issue a fresh writ under section 6 and the provisions of this Act apply, with the necessary modifications, to that writ.


document_id: prea-1991
provision_ref: s35
chapter: PART 2 - ELECTIONS
section: 35
title: Failure to comply with provisions of this Act
content:
35. —(1) An election is not invalid by reason of any failure to comply with any provision of this Act relating to elections if it appears that the election was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the election. (2) Where in this Act, any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non‑attendance of any candidate or agent at the time and place appointed for the purpose does not, if that act or thing is otherwise duly done, invalidate that act or thing.


document_id: prea-1991
provision_ref: s36
chapter: PART 2 - ELECTIONS
section: 36
title: Maintenance of secrecy at elections
content:
36. —(1) Every officer, clerk, interpreter, candidate and agent authorised to attend at a polling station under section 22(5) or every other person so authorised under regulations made under section 30C(1)( d ), or at the counting of the votes, must, before so attending, make an oath of secrecy, substantially in the prescribed form. [Act 9 of 2023 wef 01/06/2023] (2) The Returning Officer has power to administer any oaths required to be taken under subsection (1). (3) Every officer, clerk, interpreter, candidate and agent authorised under section 22(5) and every person authorised under regulations made under section 30C(1)( d ) in attendance at a polling station must maintain, and aid in maintaining, the secrecy of the voting in the station, and must not communicate, except for some purpose authorised by law, before the poll is closed, to any person any information as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark. [Act 9 of 2023 wef 01/06/2023] (3A) The total number of voters who have voted at any polling station at any time before the poll is closed may, in the discretion of the presiding officer, be divulged to the candidate or the candidate’s agent authorised to attend at the polling station. (4) Every officer, clerk, interpreter, candidate or agent in attendance at a polling station, and every person must not — ( a ) attempt to obtain in the polling station information as to the candidate for whom any voter in the station is about to vote or has voted; or ( b ) communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in the polling station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at the polling station. (5) Every officer, clerk, interpreter, candidate and agent in attendance at the counting of the votes must maintain and aid in maintaining the secrecy of the voting, and must not — ( a ) attempt to ascertain at the counting the number on the back of any ballot paper; or ( b ) communicate any information obtained at the counting as to the candidate for whom any vote is given by any particular ballot paper. (6) No person, except a presiding officer acting for a purpose authorised by this Act or a person authorised by the presiding officer and acting for that purpose, is to communicate or attempt to communicate with any voter after the voter has received a ballot paper and before the voter has placed it in a ballot box, or after the voter has been authorised to use an approved DRE voting machine to record his or her vote and before the voter records his or her vote at the machine, as the case may be. (7) Every person who acts in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 9 months or to both. Division 7 &#x2014; Overseas Voting


document_id: prea-1991
provision_ref: s36A
chapter: PART 2 - ELECTIONS
section: 36A
title: Voting at overseas polling station
content:
36A. —(1) The hours of any poll at an overseas polling station for any contested election must be not less than 4 hours and may start in advance of the poll on polling day in Singapore, except that every such poll at an overseas polling station must close not later than the close of the poll on polling day in Singapore. (2) Subject to any regulations made under section 36F, a poll (including an advance poll) and voting at an overseas polling station must be conducted, as far as practicable, in the same manner as that in which a poll and voting at an ordinary polling station on polling day in Singapore is conducted. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s36B
chapter: PART 2 - ELECTIONS
section: 36B
title: Postal voting by overseas electors designated as postal voters
content:
36B. —(1) An overseas elector for an electoral division who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for an election may record his or her vote at the poll in the election either — ( a ) by using the postal voting method in accordance with the manner prescribed under this section; or ( b ) by attending in person at a polling place in the ordinary polling station allotted to him or her under section 18(1)( c ), but not at both in respect of the same election. (2) However, an overseas elector who intends to record his or her vote in person under subsection (1)( b ) at the ordinary polling station allotted to him or her must first make and subscribe to the declaration set out in the prescribed form before he or she is given a ballot paper at that ordinary polling station. (3) To record his or her vote by the postal voting method at the poll in an election, an overseas elector for an electoral division who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election must do all the following in the following sequence, before the end of the postal voting period of that election: ( a ) apply to the Returning Officer, once the postal voting period of that election starts and in the manner prescribed by regulations made under section 36F, for postal voting papers to be issued to the overseas elector; ( b ) mark the overseas elector’s vote on the postal ballot paper comprised in the postal voting papers issued on application, fold the postal ballot paper and insert it in the return envelope comprised in the postal voting papers so issued, and seal the return envelope in accordance with the regulations made under section 36F; ( c ) take the steps prescribed by regulations made under section 36F with respect to those postal voting papers in order to indicate the date of posting or sending; ( d ) as soon as practicable after the return envelope is sealed, the overseas elector or a person to whom the overseas elector has entrusted the sealed return envelope for posting or delivery, must post or deliver the sealed return envelope to the Returning Officer in Singapore. (4) Where an overseas elector records his or her vote at a poll in an election by attending in person at a polling place in the ordinary polling station allotted to him or her under section 18(1)( c ), any other vote that is purportedly recorded by the same overseas elector at the same election is void. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s36C
chapter: PART 2 - ELECTIONS
section: 36C
title: Pre-count examination of postal voting papers
content:
36C. —(1) Before starting the counting of any votes cast by the postal voting method at an election, the Returning Officer must, at the place and time directed under section 36D(1) and in the presence of the candidates and their counting agents as attend, produce all return envelopes containing, or purporting to contain, postal ballot papers that have been received by the Returning Officer in Singapore before the expiry of 10 days after polling day in Singapore for the election. (2) The Returning Officer must then, if satisfied after due examination of those return envelopes, that — ( a ) a return envelope was received by the Returning Officer in Singapore before the expiry of 10 days after polling day in Singapore for the election; ( b ) that return envelope was posted or sent for delivery before the end of the postal voting period for the election; ( c ) that return envelope — (i) remains sealed; (ii) has not been opened or tampered with; and (iii) is not materially damaged so as to preclude authenticating that it was posted or delivered, or entrusted for posting or delivery, to the Returning Officer by an overseas elector who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election; and ( d ) that return envelope was posted or delivered, or entrusted for posting or delivery, to the Returning Officer by an overseas elector who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election, accept that return envelope and its contents for counting, but if the Returning Officer is not so satisfied, the Returning Officer must disallow from counting the postal voting papers comprising the return envelope and the postal ballot paper inside (if any), without opening the return envelope. (3) In addition to subsection (2), where more than one return envelope was received by the Returning Officer in Singapore, before the expiry of 10 days after polling day in Singapore for the election, from or purportedly from an overseas elector who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the election, the Returning Officer — ( a ) must regard the unopened return envelope not disallowed under subsection (2) and first handled by the Returning Officer during the examination of all return envelopes so received as containing the sole vote recorded by the overseas elector on a postal ballot paper, regardless — (i) when the postal ballot paper was actually marked; (ii) when the unopened return envelope was posted, sent for delivery or delivered in relation to the other return envelopes which are not so disallowed; and (iii) if that unopened return envelope first handled is empty; and ( b ) must disallow from counting all other unopened return envelopes from or purportedly from the same overseas elector and their contents, without opening these other return envelopes. (4) Before disallowing from counting any postal voting papers under subsection (2) or (3), the Returning Officer must — ( a ) first, show the return envelope without opening it, to each candidate or the candidate’s counting agent as attend; and ( b ) then, hear the views of the candidate or the candidate’s counting agent thereon, taking all proper precautions to prevent any person from opening the return envelope in question. (5) The decision of the Returning Officer as to whether or not to disallow from counting any postal voting papers is final and is not to be questioned on an application under section 70. (6) If the Returning Officer has accepted an unopened return envelope and its contents for counting, the Returning Officer must then — ( a ) open the unopened return envelope without destroying it; ( b ) withdraw the postal ballot paper; and ( c ) without inspecting the postal ballot paper or allowing another person to do so, set aside the postal ballot paper for counting. (7) Where an unopened return envelope accepted for counting is found, upon opening under due authority under subsection (6), to contain more than one postal ballot paper, the Returning Officer must reject all the postal ballot papers as invalid unless all the postal ballot papers clearly indicate that the overseas elector intends to vote for the same particular candidate, in which case the Returning Officer must — ( a ) treat one of the postal ballot papers as representing the vote recorded by the overseas elector at the election; and ( b ) reject all the other postal ballot papers as invalid. (8) The Returning Officer, his or her assistants and clerks, and the candidates and their counting agents, but no other persons except with the sanction of the Returning Officer, may be present at the pre-count examination of postal voting papers. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s36D
chapter: PART 2 - ELECTIONS
section: 36D
title: Counting of votes by overseas electors
content:
36D. —(1) The votes cast at all overseas polling stations or by the postal voting method (collectively called in this section and section 36E overseas votes) must be counted at such place or places in Singapore and at such time as the Returning Officer directs. (2) The Returning Officer must cause notice of every direction issued under subsection (1) to be published in the Gazette at least 2 clear days before polling day. (3) Every sealed ballot box containing votes cast at an overseas polling station and every vote cast by the postal voting method at an election must, in order for those votes to be counted in the election, reach the custody of the Returning Officer in Singapore within 10 days after polling day in Singapore for the election. (4) Subject to subsection (3), the Returning Officer must arrange for the counting of the overseas votes in the presence of the candidates and their counting agents as attend as soon as practicable after the Returning Officer has received in Singapore — ( a ) all the sealed ballot boxes used at overseas polling stations during the poll; and ( b ) all the votes cast by the postal voting method. (5) Despite section 32(2), the number of counting agents that may be appointed under section 32(1) to attend — ( a ) the counting of overseas votes at the counting place as directed under subsection (1); or ( b ) the pre-count examination of postal voting papers under section 36C, must not exceed one or any other higher number prescribed in substitution by regulations made under section 36F for either paragraph ( a ) or ( b ) or both. (6) Subject to regulations made under section 36F, the counting of votes cast by overseas electors must be conducted, as far as practicable, in the same manner as that in which counting of votes cast at ordinary polling stations is conducted. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s36E
chapter: PART 2 - ELECTIONS
section: 36E
title: Ascertaining final results
content:
36E. —(1) Where the Returning Officer has made a declaration under section 32(8)( b ) or (8D)( b ) — ( a ) the number of overseas votes given to each candidate must be added to the number declared by the Returning Officer as the number of votes cast in Singapore for each candidate; and ( b ) the Returning Officer must immediately declare the candidate to whom the greatest total number of votes is given to be elected. (2) After the Returning Officer has made any declaration under subsection (1)( b ), the Returning Officer must ensure that the following procedures are complied with: ( a ) all ballot papers and all other documents relating to the election at every place where the overseas votes are counted must be sealed up in separate packets and placed in one or more ballot boxes; ( b ) the ballot box or boxes must then be sealed with the seal of the Returning Officer and the seals of such of the candidates or their counting agents as attend and desire to affix their seals; ( c ) the sealed ballot box or boxes must be despatched and delivered in safe custody to the Returning Officer; ( d ) subject to section 32(11), the sealed ballot box or boxes containing the ballot papers and other documents must be retained in safe custody for a period of 6 months; ( e ) the ballot papers and other documents must be destroyed at the end of the period of 6 months unless otherwise directed by order of the President. (3) Where the Returning Officer has made a declaration under section 32(8)( b ) or (8D)( b ) in an election, and a recount of the votes is to be conducted, section 32B applies, with the necessary modifications, to the counting of votes cast by overseas electors at that election. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s36F
chapter: PART 2 - ELECTIONS
section: 36F
title: Regulations for voting in overseas polling stations and postal voting
content:
36F. —(1) Subject to section 81B, the Minister may make regulations modifying the application of any provision of this Act to — ( a ) the conduct of polls in overseas polling stations, including in particular — (i) the appointment of presiding officers for overseas polling stations; (ii) the procedure on closing of the poll; and (iii) the procedure for the safe despatch of the sealed ballot boxes containing the votes cast to the Returning Officer in Singapore; and ( b ) the counting (including recounting) of the votes cast at overseas polling stations and by the postal voting method, respectively. (2) Unless the contrary intention appears, the regulations made under subsection (1) on the conduct of polls in overseas polling stations extend to acts done or omitted to be done outside Singapore by — ( a ) any Assistant Returning Officer or presiding officer; ( b ) any polling agent or election agent; or ( c ) any citizen of Singapore (whether or not a voter or an elector), in relation to a poll conducted or to be conducted at an overseas polling station. (3) Subject to section 81B, the Minister may make regulations relating to the postal voting method for a contested election, including regulations for or in respect of the following matters: ( a ) the period for an overseas elector to make an application for postal voting papers and the form and manner of such application; ( b ) the period and manner for an overseas elector to access, download and print his or her postal ballot paper and return envelope from the prescribed website; ( c ) the appointment of any authorised representative of the Returning Officer for the purposes of receiving return envelopes containing postal ballot papers; ( d ) the procedure for the postal voting method, including any measures that are necessary to ensure the authenticity of any vote; ( e ) the measures to ensure the safe custody of any return envelope received by the Returning Officer in Singapore; ( f ) the form of any application for postal voting papers, a postal ballot paper or return envelope. (4) Regulations made under subsection (1) or (3) — ( a ) must not authorise any person to vote more than once at any election; ( b ) must provide for a record of every vote cast at a polling station but the vote record must not contain any means of identifying the person who cast the vote; and ( c ) must be consistent with the principles laid down in any provision of this Act that is modified by those regulations. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s36G
chapter: PART 2 - ELECTIONS
section: 36G
title: Other offences connected with postal voting
content:
36G. —(1) Any person to whom an envelope containing or purporting to contain a postal ballot paper is given by an overseas elector for the purpose of posting or delivery to the Returning Officer, or an authorised representative of the Returning Officer for the purposes of receiving return envelopes containing postal ballot papers, and who has agreed to post or deliver the envelope, commits an offence if the person, without reasonable excuse, fails to post or deliver the envelope promptly. (2) Any person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $1,500. (3) This section extends to a citizen of Singapore (whether or not a voter or an elector) who engages in any conduct wholly or partly outside Singapore that constitutes an offence described in subsection (1) as if the offence had been committed in Singapore. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s37
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 37
title: Offences
content:
37. —(1) Every person who — ( a ) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the Returning Officer any nomination paper knowing it to be forged; ( b ) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or return envelope or the official mark on any ballot paper or return envelope for its authentication; [Act 9 of 2023 wef 01/06/2023] ( c ) without due authority supplies any ballot paper or return envelope to any person; [Act 9 of 2023 wef 01/06/2023] ( d ) sells or offers to sell any ballot paper or return envelope to any person or purchases or offers to purchase any ballot paper or return envelope from any person; [Act 9 of 2023 wef 01/06/2023] ( e ) not being a person entitled under this Act to be in possession of any ballot paper or return envelope which has been marked with the official mark in accordance with this Act, has any such ballot paper or return envelope in his or her possession; [Act 9 of 2023 wef 01/06/2023] ( f ) puts into any ballot box anything other than the ballot paper which he or she is authorised by law to put in; ( fa ) puts into any return envelope anything other than the postal ballot paper which he or she is authorised by law to put in; [Act 9 of 2023 wef 01/06/2023] ( g ) without due authority takes out of the polling station any ballot paper (other than a postal ballot paper) or is found in possession of any ballot paper (other than a postal ballot paper) outside a polling station; [Act 9 of 2023 wef 01/06/2023] ( ga ) without due authority intentionally opens, unseals or tampers with a sealed return envelope; [Act 9 of 2023 wef 01/06/2023] ( gb ) without due authority intentionally damages a sealed return envelope; [Act 9 of 2023 wef 01/06/2023] ( h ) without due authority destroys, takes, opens, or otherwise interferes with any ballot box, packet of ballot papers or any DRE voting machine or direct recording electronic voting equipment approved under section 33B(2) in use or intended to be used for the purposes of an election; ( i ) without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election; or ( j ) manufactures, constructs, imports into Singapore, has in his or her possession, supplies or uses for the purpose of an election, or causes to be manufactured, constructed, imported into Singapore, supplied or used for the purpose of any election, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at any election, shall be guilty of an offence and shall be liable on conviction by a District Court to a fine and to imprisonment for a term not exceeding 5 years and shall become incapable for a period of 7 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament. (2) Every person who attempts to commit an offence specified in this section shall be liable to the punishment prescribed for that offence. (3) Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010. (4) In a prosecution for an offence in relation to a nomination paper, ballot box, ballot paper, return envelope, DRE voting machine, direct recording electronic voting equipment or marking instrument at an election, the property in the nomination paper, ballot box, ballot paper, return envelope, DRE voting machine, direct recording electronic voting equipment or marking instrument, as well as the property in the counterfoil of any ballot paper, may be stated to be in the Returning Officer at that election. [Act 9 of 2023 wef 01/06/2023] (5) A prosecution for an offence under this section may only be instituted with the consent of the Public Prosecutor. (6) This section extends to a citizen of Singapore who engages in any conduct wholly or partly outside Singapore that constitutes an offence described in subsection (1) as if the offence had been committed in Singapore. [Act 9 of 2023 wef 01/06/2023] Division 2 &#x2014; Corrupt Practices [6/2017]


document_id: prea-1991
provision_ref: s38
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 38
title: Personation
content:
38. —(1) Every person who — ( a ) at an election applies for a ballot paper or to record his or her vote at a DRE voting machine in the name of some other person, whether that name be that of a person living or dead or of a fictitious person; or ( b ) having voted once at any such election, applies at the same election for a ballot paper or to record his or her vote at a DRE voting machine in his or her own name, shall be guilty of the offence of personation. (2) The offence of personation under this section shall be an arrestable offence within the meaning of the Criminal Procedure Code 2010.


document_id: prea-1991
provision_ref: s39
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 39
title: Treating
content:
39. —(1) A person shall be guilty of treating if the person corruptly, by himself or herself or by any other person, either before, during or after an election, directly or indirectly, gives or provides, or pays wholly or in part the expense of giving, any food, drink, refreshment, cigarette, entertainment or other provision or thing or any money or ticket or other means or device to enable the procuring of any such food, drink, refreshment, cigarette, entertainment or other provision or thing, to or for any person — ( a ) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; ( b ) for the purpose of inducing that person to attend or remain at any election meeting; ( c ) on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at the election; or ( d ) on account of any such person having attended an election meeting. (2) A person shall also be guilty of treating if the person corruptly accepts or takes any such food, drink, refreshment, cigarette, entertainment or other provision or thing or any such money or ticket or who adopts any other means or device to enable the procuring of such food, drink, refreshment, cigarette, entertainment or other provision or thing.


document_id: prea-1991
provision_ref: s40
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 40
title: Undue influence
content:
40. Every person who — ( a ) directly or indirectly, by himself or herself or by any other person on his or her behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or herself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting at any election; or ( b ) by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise of any elector or voter, or thereby compels, induces or prevails upon any elector or voter either to vote or refrain from voting at any election, shall be guilty of the offence of undue influence.


document_id: prea-1991
provision_ref: s41
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 41
title: Bribery
content:
41. Every person who — ( a ) directly or indirectly, by himself or herself or by any other person on his or her behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act on account of that elector or voter having voted or refrained from voting at any election under this Act; ( b ) directly or indirectly, by himself or herself or by any other person on his or her behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any elector or voter or to or for any person on behalf of any elector or voter, or to or for any other person, in order to induce that elector or voter to vote or refrain from voting, or corruptly does any such act on account of that elector or voter having voted or refrained from voting at any election under this Act; ( c ) directly or indirectly, by himself or herself or by any other person on his or her behalf, makes any such gift, loan, offer, promise, procurement or agreement referred to in paragraph ( a ) or ( b ) to or for any person in order to induce that person to procure or endeavour to procure the return of any person as President, or the vote of any elector or voter at any election under this Act; ( d ) directly or indirectly, by himself or herself or by any other person on his or her behalf, makes any such gift, loan, offer, promise, procurement or agreement to or for any person who is assisting or has promised to assist a candidate at an election to induce that person to refrain from assisting that candidate; ( e ) upon or in consequence of any such gift, loan, offer, promise, procurement or agreement procures or engages, promises or endeavours to procure, the return of any person as President, or the vote of any elector or voter at an election under this Act; ( f ) advances or pays or causes to be paid any money to or to the use of any other person with the intent that the money or any part thereof is to be expended in bribery at any election under this Act, or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election; ( g ) being an elector or voter, before or during any election under this Act, directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or herself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election; ( h ) after any election under this Act, directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at any such election; ( i ) directly or indirectly, by himself or herself or by any other person on his or her behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for his or her having assisted or agreed to assist any candidate, at an election, applies to that candidate or to an agent or agents of the candidate, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment; or ( j ) directly or indirectly, by himself or herself or by any person on his or her behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he or she has become a candidate, gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for that other person, or gives or lends, or agrees to give or lend, or offers, or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for that other person, or to or for any person on behalf of that other person, shall be guilty of the offence of bribery.


document_id: prea-1991
provision_ref: s42
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42
title: Punishment for corrupt practice
content:
42. —(1) Every person who — ( a ) commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation; ( b ) commits the offence of treating, undue influence or bribery; ( c ) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] ( d ) knowingly makes or publishes in Singapore, before or during any election, for the purpose of affecting the return of any candidate, content that is or contains any false statement of fact in relation to the personal character or conduct of the candidate; [Act 9 of 2023 wef 01/06/2023] ( e ) knowingly makes or publishes in Singapore, before or during any election, for the purpose of promoting or procuring the election of any candidate, content that is or contains any false statement of the withdrawal of any other candidate at the election; [Act 28 of 2021 wef 07/07/2022] [Act 9 of 2023 wef 01/06/2023] ( ea ) being a candidate, knowingly makes the declaration required by section 55A falsely; or [Act 28 of 2021 wef 07/07/2022] ( f ) being a candidate or an election agent, knowingly makes the declaration as to election expenses required by section 56 or 56A falsely, [Act 9 of 2023 wef 01/06/2023] shall be guilty of a corrupt practice and shall on conviction by a District Court be liable — ( g ) in the case mentioned in paragraph ( a ), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both; and ( h ) in the case mentioned in paragraph ( b ), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both; ( i ) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] ( j ) in the case mentioned in paragraph ( d ) or ( e ), to a fine or to imprisonment for a term not exceeding 12 months or to both; or ( k ) in the case mentioned in paragraph ( ea ) or ( f ), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [6/2017] [Act 28 of 2021 wef 07/07/2022] (1A) Every person who is convicted of a corrupt practice shall become incapable for a period of 7 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament. (2) A prosecution for a corrupt practice (except any corrupt practice as defined in subsection (1)( d ) or ( e )) must not be instituted without the consent of the Public Prosecutor. (3) Without affecting section 38, every offence of undue influence or bribery under section 40 or 41, and every other corrupt practice under subsection (1)( d ) or ( e ) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. [Act 9 of 2023 wef 01/06/2023] (4) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] (5) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] Division 2A &#x2014; Election Advertising Subdivision (1) &#x2014; Transparency and
accountability requirements


document_id: prea-1991
provision_ref: s42A
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42A
title: Objects of this Division
content:
42A. The objects of this Division are to promote free and informed voting at elections by enhancing the following: ( a ) the transparency of the electoral system, by allowing voters to know who is communicating election advertising; ( b ) the accountability of those persons participating in public debate relating to any election, by making those persons responsible for their communications; ( c ) the traceability of communications of election advertising, by ensuring that obligations imposed by this Division in relation to those communications can be enforced. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42B
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42B
title: Published-by requirements
content:
42B. —(1) A person commits a corrupt practice if — ( a ) the person publishes, or causes to be published, in Singapore any content, or any thing containing content, at any time during the election period of an election; ( b ) the content is or includes election advertising that relates to the election; and ( c ) the election advertising does not include the information mentioned in subsection (3) — (i) on or in it; or (ii) if it is not reasonably practicable in the case of online election advertising to comply with sub-paragraph (i), in text or other form in an online location that is directly accessible from the online election advertising, and in the manner (including language) prescribed by the election advertising regulations. (2) A person commits a corrupt practice if — ( a ) the person publicly displays, or causes to be publicly displayed, any content, or any thing containing content, at any time during the election period of an election; ( b ) the content is or includes election advertising that relates to the election; and ( c ) the election advertising does not include the information mentioned in subsection (4) on or in it and in the manner (including language) prescribed by the election advertising regulations. (3) The information required by subsection (1)( c ) is as follows: ( a ) the identity particulars of every person who authorised the publishing of the election advertising; ( b ) the identity particulars of every person who approved the content in the election advertising, if the content is approved by a person not in paragraph ( a ), before the election advertising was published; ( c ) the identity particulars of every person for whom or at whose direction the election advertising was published if the person is not in paragraph ( a ) or ( b ); ( d ) in the case where all or part of the production of the content that is or includes the election advertising, or the publication of the election advertising, is paid for in money or money’s worth by the person or by another person — (i) the fact that the production of the content that is or includes the election advertising, or the publication of the election advertising (as the case may be) is paid for; and (ii) the identity particulars of every person who paid for the production of the content that is or includes the election advertising, or the publication of the election advertising, as the case may be; ( e ) the identity particulars of every printer of the election advertising, if the election advertising is printed. (4) The information required by subsection (2)( c ) is as follows: ( a ) the identity particulars of every person who authorised the public display of the election advertising; ( b ) the identity particulars of every person who approved the content in the election advertising, if the content is approved by a person not in paragraph ( a ), before the election advertising was publicly displayed; ( c ) the identity particulars of every person for whom or at whose direction the election advertising was publicly displayed if the person is not in paragraph ( a ) or ( b ); ( d ) in the case where all or part of the production of the content that is or includes the election advertising, or the public display of the election advertising, is paid for in money or money’s worth by the person or by another person — (i) the fact that the production of the content that is or includes the election advertising, or the public display of the election advertising (as the case may be) is paid for; and (ii) the identity particulars of every person who paid for the production of the content that is or includes the election advertising, or the public display of the election advertising, as the case may be; ( e ) the identity particulars of every printer of the election advertising, if the election advertising is printed. (5) In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the content published or publicly displayed is election advertising as described in subsection (1)( b ) or (2)( b ), as the case may be. (6) Any person who is guilty of a corrupt practice under subsection (1) or (2) — ( a ) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) shall become incapable for a period of 7 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament, and if at that date he or she has been elected as a Member of Parliament, his or her election shall be vacated from the date of the conviction. (7) Where any election advertising that is printed is published or publicly displayed in the commission of a corrupt practice under subsection (1) or (2), the printer of the election advertising shall also be guilty of a corrupt practice and shall be liable on conviction to the same punishment and incapacity under this section as the person who caused to be published or publicly displayed the election advertising. (8) A prosecution for a corrupt practice under this section must not be instituted without the consent of the Public Prosecutor. (9) Subsection (1) does not apply to or in relation to publishing, or causing to be published, in Singapore any of the following: ( a ) any election advertising consisting only of permissible electoral matter and forming part of any of the following: (i) any clothing that is intended to be worn on the body; (ii) any article in the nature of a dress or clothing accessory, such as a lapel pin, tie, scarf, cap or hat; (iii) any button, badge, mug, pen or pencil or any other small and portable promotional item prescribed in the election advertising regulations; ( b ) any communication of content between 2 or more individuals that is of a private or domestic nature by electronic means; ( c ) any publication of any content, in a way that renders the content accessible from the Internet, and by any individual who — (i) is a citizen of Singapore and is not a candidate or an election agent; (ii) does so at no other person’s direction and on no other person’s behalf; and (iii) does not receive or agree to receive, and who does not contract for, any money or money’s worth, for or in connection with his or her publishing that content on the Internet; ( d ) any communication of content by means of an electronic service where the user-generated content enabled by that service is accessible substantially or only to a closed group of end‑users employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business; ( e ) any publication of any news relating to an election by an authorised news agency; ( f ) any distribution, sale or otherwise making available of any literary work or artistic work in the course of the sale, or promotion of the sale, of the literary work or artistic work for not less than its commercial value, if the literary work or artistic work (as the case may be) was planned to be published regardless if there was any election; ( g ) any publishing or causing to be published, in Singapore, of election advertising in other circumstances prescribed by the election advertising regulations. (10) Subsection (2) does not apply to or in relation to publicly displaying, or causing to be publicly displayed, in Singapore any of the following: ( a ) any election advertising consisting only of permissible electoral matter and forming part of any of the following: (i) any clothing that is intended to be worn on the body; (ii) any article in the nature of a dress or clothing accessory, such as a lapel pin, tie, scarf, cap or hat; (iii) any button, badge, mug, pen or pencil or any other small and portable promotional item prescribed in the election advertising regulations; ( b ) any public display, handing out, distribution, sale or otherwise making available of any literary work or artistic work in the course of the sale, or promotion of the sale, of the literary work or artistic work for not less than its commercial value, if the literary work or artistic work (as the case may be) was planned to be published regardless if there was any election; ( c ) any public display of election advertising in other circumstances prescribed by the election advertising regulations. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42C
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42C
title: Election advertising ban during cooling-off period
content:
42C. —(1) A person commits an offence if — ( a ) the person publishes, or causes to be published, in Singapore any content, or any thing containing content, at any time during the cooling-off period of an election; ( b ) the content is or includes election advertising that relates to the election; and ( c ) the person knows or ought reasonably to have known that the content is or includes election advertising that relates to the election. (2) A person commits an offence if — ( a ) the person publicly displays, or causes to be publicly displayed, any content, or any thing containing content at any time during the cooling-off period of an election; ( b ) the content is or includes election advertising that relates to the election; and ( c ) the person knows or ought reasonably to have known that the content is or includes election advertising that relates to the election. (3) Any person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (4) In this section, “cooling-off period”, in relation to an election, means the period — ( a ) starting the eve of polling day; and ( b ) ending with the close of polling on polling day. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42D
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42D
title: Exceptions to cooling-off period election advertising ban
content:
42D. —(1) Section 42C does not apply to or in relation to any of the following: ( a ) any election advertising consisting only of permissible electoral matter and forming part of any of the following: (i) any clothing that is intended to be worn on the body; (ii) any article in the nature of a dress or clothing accessory, such as a lapel pin, tie, scarf, cap or hat; (iii) any button, badge, mug, pen or pencil or any other small and portable promotional item prescribed by the elections advertising regulations; ( b ) any public display, handing out, distribution, sale or otherwise making available of any literary work or artistic work in the course of the sale, or promotion of the sale, of the literary work or artistic work for not less than its commercial value, if the literary work or artistic work (as the case may be) was planned to be published regardless if there was any election. (2) In addition, section 42C(1) does not apply to or in relation to any of the following: ( a ) any communication of content between 2 or more individuals that is of a private or domestic nature by electronic means; ( b ) any communication of content by means of an electronic service where the user-generated content enabled by that service is accessible substantially or only to a closed group of end-users employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business; ( c ) any publication of any news relating to an election by an authorised news agency; ( d ) any publication of election advertising in other circumstances prescribed by the election advertising regulations as excluded from section 42C(1). (3) In addition, section 42C(2) does not apply to or in relation to any of the following: ( a ) any non-online election advertising that — (i) was lawfully publicly displayed before the start of the cooling-off period of the election concerned; and (ii) is not relocated, altered or modified since the start of the cooling-off period; ( b ) the public display of any non-online election advertising within or on an exterior wall or exterior window of the office or committee room of a candidate provided that the non-online election advertising — (i) consists only of permissible electoral matter; and (ii) is solely for the purpose of indicating that the office or room is the office or committee room of the candidate; ( c ) any public display of election advertising in other circumstances prescribed by the election advertising regulations as excluded from section 42C(2). [Act 9 of 2023 wef 01/06/2023] Subdivision (2) &#x2014; Campaign controls for candidates


document_id: prea-1991
provision_ref: s42E
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42E
title: Online election advertising, etc., in campaign period
content:
42E. —(1) This section applies only to election advertising that is — ( a ) online election advertising published in Singapore; or ( b ) non-online election advertising published in Singapore by electronic means. (2) A person commits an offence if — ( a ) the person publishes, or causes to be published, in Singapore, any content, or any thing containing content, at any time during the campaign period of an election; ( b ) the person is a candidate at the election, or is doing so on behalf of a candidate at the election; ( c ) the content is or includes election advertising that relates to the election; and ( d ) the content is or includes — (i) election advertising which the candidate or the candidate’s election agent did not declare to the Returning Officer in accordance with the requirements of subsection (3); or (ii) election advertising that — (A) has a functionality prescribed in the election advertising regulations as impermissible for that form of election advertising; or (B) does not have a functionality prescribed in the election advertising regulations as requisite for that election advertising. (3) For the purposes of subsection (2)( d )(i), any election advertising to which subsection (1) applies must be declared by a candidate or the candidate’s election agent to the Returning Officer, in accordance with the procedure prescribed in the election advertising regulations, and accompanied by such details about it as may be prescribed (such as the online location or service used), at the following times: ( a ) no later than 12 hours after the start of the campaign period concerned, if the election advertising is published in Singapore within 12 hours after the start of the campaign period; ( b ) before the election advertising is published, if the election advertising is first published in Singapore after the start of that period unless otherwise allowed under paragraph ( a ). (4) In proceedings for an offence under subsection (2), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the content published is election advertising as described in subsection (2)( c ). (5) Any person who is guilty of an offence under subsection (2) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (6) Subsection (2) does not apply to or in relation to any publishing in Singapore, at any time during the campaign period of an election, of election advertising in any circumstances that are prescribed by the election advertising regulations as excluded from that subsection. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42F
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42F
title: Traditional election advertising in campaign period
content:
42F. —(1) This section and sections 42G, 42H and 42I apply only — ( a ) to traditional election advertising; and ( b ) during the campaign period of an election. (2) A person commits an offence if — ( a ) the person publicly displays, or causes to be publicly displayed, any traditional election advertising during the campaign period of an election; ( b ) the person is a candidate at the election, or is doing so on behalf of a candidate at the election; and ( c ) the traditional election advertising relates to the election. (3) In proceedings for an offence under subsection (2), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the content publicly displayed is traditional election advertising as described in subsection (2)( c ). (4) Any person who is guilty of an offence under subsection (2) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (5) However, subsection (2) does not apply to or in relation to any of the following: ( a ) the public display of any traditional election advertising under the authority of a permit granted by the Returning Officer; ( b ) the public display of any traditional election advertising within or on an exterior wall or exterior window of the office or committee room of a candidate provided that the traditional election advertising — (i) consists only of permissible electoral matter; and (ii) is solely for the purpose of indicating that the office or room is the office or committee room of the candidate; ( c ) the public display of any traditional election advertising within a hall or room that is being or is about to be used for an election meeting; ( d ) any public display of traditional election advertising in other circumstances prescribed by the election advertising regulations as excluded from subsection (2). [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42G
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42G
title: Maximum permissible number for traditional election advertising displayed
content:
42G. —(1) A person commits an offence if — ( a ) the person publicly displays, or causes to be publicly displayed, any traditional election advertising during the campaign period of an election; ( b ) the person is a candidate at the election, or is doing so on behalf of a candidate at the election; ( c ) the traditional election advertising relates to the election; and ( d ) the traditional election advertising is in excess of the maximum permissible number prescribed in the election advertising regulations for traditional election advertising in that same form. (2) Any person who is guilty of an offence under subsection (1) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (3) Strict liability applies to an offence under subsection (1). (4) However, any traditional election advertising which is publicly displayed in any of the following circumstances is not countable for the purposes of subsection (1): ( a ) the public display of any traditional election advertising within or on an exterior wall or exterior window of the office or committee room of a candidate provided that the traditional election advertising — (i) consists only of permissible electoral matter; and (ii) is solely for the purpose of indicating that the office or room is the office or committee room of the candidate; ( b ) the public display of any traditional election advertising within a hall or room that is being or is about to be used for an election meeting; ( c ) any public display of traditional election advertising in other circumstances prescribed by the election advertising regulations as excluded from subsection (2). [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42H
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42H
title: Permissible locations for traditional election advertising display
content:
42H. —(1) A person commits an offence if — ( a ) the person publicly displays, or causes to be publicly displayed, any traditional election advertising during the campaign period of an election; ( b ) the person is a candidate at the election, or is doing so on behalf of a candidate at the election; ( c ) the traditional election advertising relates to the election; ( d ) the traditional election advertising is publicly displayed in a place which is not a permissible location; and ( e ) the person knows or has reason to believe that the place is not a permissible location. (2) For the purposes of subsection (1)( d ) and ( e ), a permissible location is any premises, or any conveyance, thing or structure, prescribed in the election advertising regulations as a permissible location for the purpose of this section. (3) In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the content publicly displayed is traditional election advertising as described in subsection (1)( c ). (4) Any person who is guilty of an offence under subsection (1) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (5) To avoid doubt, this section does not entitle any person to display any traditional election advertising on any premises, conveyance, thing or structure — ( a ) without the consent of the owner of the premises, conveyance, thing or structure; ( b ) without a licence, permit or other like approval required by or under any other written law; or ( c ) in a manner or in circumstances as to cause a serious and imminent risk of damaging other property or injuring another individual or an animal if the traditional election advertising does fall. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42I
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42I
title: Restricted signage zone of polling station in Singapore
content:
42I. —(1) A person commits an offence if — ( a ) the person publicly displays, or causes to be publicly displayed, any traditional election advertising during the campaign period of an election; ( b ) the person is a candidate at the election, or is doing so on behalf of a candidate at the election; ( c ) the traditional election advertising relates to the election; ( d ) the traditional election advertising is publicly displayed within the restricted signage zone of any ordinary polling station or special polling station established for the conduct of a poll in that election; and ( e ) the person knows or has reason to believe that where the traditional election advertising is publicly displayed is within a restricted signage zone of such a polling station. (2) In this section, “restricted signage zone”, for an ordinary polling station or a special polling station, means all of the following, unless otherwise provided in subsection (3): ( a ) the building, or part of the building, in which the following are, or are to be, located: (i) any polling place of the polling station; (ii) any polling booth or other facility for electors allotted to that polling station are to vote in accordance with this Act; ( b ) the area within 50 metres of the external edges of a building or part of a building mentioned in paragraph ( a ); ( c ) if a building or part of a building mentioned in paragraph ( a ) is located in any grounds — (i) the area in those grounds; (ii) the area within 50 metres of any outer wall, fence or other structure or feature that marks the boundary of those grounds; and (iii) if the Returning Officer or a presiding officer of that polling station has designated entrances to the grounds under section 18(5) — the area within 50 metres of each designated entrance to those grounds. (3) However, “restricted signage zone” does not include premises in the zone mentioned in subsection (2)( b ) or ( c ) that are — ( a ) used as a residence; ( b ) outside Singapore; ( c ) used as an office by a candidate in an election; or ( d ) other premises lawfully occupied by or under an arrangement with the Returning Officer. (4) In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the content publicly displayed is traditional election advertising as described in subsection (1)( c ). (5) Any person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (6) Subsection (1) does not apply to or in relation to — ( a ) any official sign; and ( b ) any traditional election advertising prescribed by the election advertising regulations as excluded from subsection (1). [Act 9 of 2023 wef 01/06/2023] Subdivision (3) &#x2014; Controls on third party campaigning, foreigners and manipulated content [Act 34 of 2024 wef 22/01/2025]


document_id: prea-1991
provision_ref: s42J
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42J
title: Unauthorised third party online election advertising
content:
42J. —(1) A person who is a third party at an election commits an offence if — ( a ) the third party publishes, or causes to be published, in Singapore, at any time during the election period of an election, any content, or any thing containing content, by electronic means in any way that renders the content accessible from the Internet; ( b ) the content is or includes online election advertising that relates to the election; ( c ) all or part of — (i) the production of the content that is or includes the online election advertising; or (ii) the publication of the online election advertising, is paid for in money or money’s worth by the third party or by another person who may or may not be a third party; and ( d ) the third party knows or ought reasonably to have known that — (i) the content is or includes online election advertising as described in paragraph ( b ); and (ii) the production of the content that is or includes the online election advertising, or the publication of the online election advertising, is paid for in money or money’s worth by the third party or by another person who may or may not be a third party. (2) Any person who is guilty of an offence under subsection (1) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (3) However, in any proceedings for an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person was granted a written authority signed by a candidate or a candidate’s election agent in the prescribed form when publishing or causing to be published the content in question. (4) Subsection (1) does not apply to or in relation to any of the following: ( a ) any publication of any news relating to an election by an authorised news agency; ( b ) any publishing of content by electronic means or the public display of content in other circumstances prescribed by the election advertising regulations as excluded from subsection (1). [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42K
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42K
title: Unauthorised third party non-online election advertising
content:
42K. —(1) A person who is a third party at an election commits an offence if — ( a ) the third party at any time during the election period of an election — (i) publishes, or causes to be published, in Singapore any content by electronic means in any way other than rendering the content accessible from the Internet; or (ii) publicly displays, or causes to be publicly displayed, any content; ( b ) the content is or includes non-online election advertising that relates to the election; and ( c ) the third party knows or ought reasonably to have known that the content is or includes non-online election advertising that relates to the election. (2) Any person who is guilty of an offence under subsection (1) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (3) However, in any proceedings for an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person was granted a written authority signed by a candidate or a candidate’s election agent in the prescribed form. (4) Subsection (1) does not apply to or in relation to any of the following: ( a ) any publication of any news relating to an election by an authorised news agency; ( b ) any publishing of content by electronic means or public display of content in other circumstances prescribed by the election advertising regulations as excluded from subsection (1). [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42L
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42L
title: Ban on foreigners, etc., publishing or displaying election advertising
content:
42L. —(1) A person commits an offence if — ( a ) the person, at any time during the election period of an election — (i) publishes, or causes to be published, in Singapore; or (ii) publicly displays, or causes to be publicly displayed, any content, or any thing containing content; ( b ) the content is or includes election advertising that relates to the election; ( c ) the person is a foreigner or a foreign entity; and ( d ) the person knows or ought reasonably to have known that the content is or includes election advertising that relates to the election. (2) Any person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42LA
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42LA
title:
Ban on manipulated online election advertising containing realistic but false representation of candidate, etc.

content:
42LA. —(1) A person commits an offence if — ( a ) the person publishes, or causes to be published, in Singapore any content, or any thing containing content, at any time during the election period of an election; ( b ) the content is or includes online election advertising that relates to the election; ( c ) the person knows or ought reasonably to have known that the content is or includes online election advertising that relates to the election; ( d ) the online election advertising contains an audio, visual or audiovisual representation of a candidate in the election saying or doing something, whether during that election period or at some other time; ( e ) the candidate did not in fact say or do that thing, but the representation is realistic enough such that it is likely that some members of the general public would, if they heard or saw the representation, reasonably believe that the candidate said or did that thing; and ( f ) the representation was created wholly or partly with content that was generated or manipulated using digital means. Illustrations The following are illustrations of online election advertising that contain representations of a candidate saying or doing something that he or she did not in fact say or do. ( a ) An online election advertisement contains an audio representation of a candidate saying “I support drawing on the past reserves”. The candidate in fact said “I do not support drawing on the past reserves”. ( b ) An online election advertisement contains an audiovisual representation of a candidate pausing for a long time between 2 sentences. The candidate did say the 2 sentences but did not pause between them. ( c ) An online election advertisement contains an audiovisual representation of a candidate standing outside a casino, saying “I had a lot of fun today”. The candidate did make the comment, but at a kindergarten visit. The technology known as generative artificial intelligence is an example of digital means by which content could be generated or manipulated. (2) Any person who is guilty of an offence under subsection (1) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (3) However, in any proceedings for an offence under subsection (1), it is a defence for the person charged to prove, on a balance of probabilities, that the person did not know and had no reason to believe that the candidate did not in fact say or do the thing mentioned in subsection (1)( d ) and ( e ). (4) Subsection (1) does not apply to or in relation to any of the following: ( a ) any communication of content between 2 or more individuals that is of a private or domestic nature by electronic means; ( b ) any publication of any news relating to an election by an authorised news agency; ( c ) any publishing of content by electronic means in other circumstances prescribed by the election advertising regulations as excluded from subsection (1). (5) For the purposes of this section, “candidate”, in relation to an election, means — ( a ) for the period starting when the writ for that election is issued under section 6 and ending with the end of nomination proceedings for that election — a person whose name is published under section 10(2A); and ( b ) for the period starting with the end of nomination proceedings for that election and ending with the end of the election period for that election — a person who is nominated as a candidate for that election. [Act 34 of 2024 wef 22/01/2025] Subdivision (4) &#x2014; Supplementary provisions


document_id: prea-1991
provision_ref: s42M
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42M
title: Corrective directions for online election advertising
content:
42M. —(1) Where the Returning Officer reasonably believes that an offence under section 42B, 42C, 42E, 42J, 42L, 42LA, 60B, 60C or 65(5) is being or has been committed, resulting in or involving publishing in Singapore by electronic means any online election advertising, the Returning Officer may, by written direction, require a relevant person — ( a ) to do one or more of the following as the Returning Officer considers appropriate: (i) to take all reasonable steps to ensure the removal, from the social media service, relevant electronic service or internet access service (as the case may be) of the online election advertising identified in the direction; (ii) to take all reasonable steps to disable access to the online election advertising on the social media service, relevant electronic service or internet access service (as the case may be) by end-users in Singapore who use or may use the service; (iii) to take all reasonable steps so as to stop or reduce electronic communications activity involving, provision of or access to, or further electronic communications activity involving, further provision of or access to, that online election advertising by end-users in Singapore of the social media service, relevant electronic service or internet access service; and ( b ) to do so within the period specified in the written direction, or any extension of that period that the Returning Officer may allow in any particular case. [Act 34 of 2024 wef 22/01/2025] (2) Any relevant person who, without reasonable excuse, fails to comply with a direction given under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of a provider of a social media service — to a fine not exceeding $1,000,000; or ( b ) in any other case — to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 34 of 2024 wef 22/01/2025] (2A) A candidate may make a request in the prescribed form and manner for the Returning Officer to give a direction under subsection (1) in respect of an offence under section 42LA. [Act 34 of 2024 wef 22/01/2025] (2B) A candidate commits an illegal practice if he or she — ( a ) knowingly makes a false or misleading declaration in a request under subsection (2A); or ( b ) makes a request under subsection (2A) knowing that a material particular of the request is false or misleading. [Act 34 of 2024 wef 22/01/2025] (3) In this section, “relevant person” means — ( a ) a candidate at an election; ( b ) a third party in relation to an election who is connected with the commission of the offence but not a person mentioned in paragraph ( c ); or ( c ) a provider of a social media service, a relevant electronic service or an internet access service. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42N
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42N
title: Removal and confiscation of traditional election advertising
content:
42N. —(1) Where the Returning Officer reasonably believes that an offence under section 42C, 42F, 42G, 42H or 42I is being committed, the Returning Officer may direct a person — ( a ) to either remove or cause to be removed, or to otherwise stop any public display of, any traditional election advertising that is publicly displayed in connection with that offence; and ( b ) to do so within the period specified in the direction, or any extension of that period that the Returning Officer may allow in any particular case. (2) Without affecting the right of the Returning Officer to exercise the powers under subsection (3), a person who, without reasonable excuse, fails to comply with any direction given to the person under subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (3) If any direction given under subsection (1) is not complied with to the satisfaction of the Returning Officer, the Returning Officer may carry out or take steps or cause to be carried out any work or any steps to be taken, which are in the Returning Officer’s opinion necessary to secure compliance with the direction, including all or any of the following: ( a ) remove or causing to be removed any traditional election advertising that is publicly displayed in connection with an offence under section 42C, 42F, 42G, 42H or 42I and moving and detaining the traditional election advertising at a holding yard or other place; ( b ) stop any public display of any traditional election advertising that is publicly displayed in connection with an offence under section 42C, 42F, 42G, 42H or 42I. (4) Any removed traditional election advertising moved or removed to a holding yard under subsection (3) — ( a ) must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed traditional election advertising is produced in any criminal trial; ( b ) is deemed to be forfeited to the Government where the owner of the removed traditional election advertising consents to its disposal; or ( c ) in any other case, must be returned to the owner of the removed traditional election advertising or reported to a Magistrate’s Court. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42O
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42O
title: Evidence
content:
42O. In any proceedings for an offence under Subdivision (1), (2) or (3) — ( a ) an election advertising that includes a statement that its publication was authorised by a specified person; ( b ) an election advertising that includes a statement that it was printed by a specified person; or ( c ) material consisting of, or containing, a commentary on a candidate, or the issues being submitted to electors, that includes a statement that a specified person takes responsibility for the publication of the material, is, in the absence of proof to the contrary, proof of that fact. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42P
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42P
title: Defences
content:
42P. —(1) In any proceedings for an offence under Subdivision (1), (2) or (3), it is a defence to the charge if the accused proves, on a balance of probabilities, that — ( a ) the accused — (i) did not know and could not reasonably have known that the offence would be or is being committed; and (ii) took all reasonable steps and exercised all due diligence to prevent or stop the commission of the offence or further commission of that offence when the accused became aware that it was committed; or ( b ) the commission of the offence arose from circumstances beyond the accused’s control. (2) Every offence under Subdivision (1), (2) or (3) or any election advertising regulations is an arrestable offence within the meaning of the Criminal Procedure Code 2010. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42Q
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42Q
title: Election advertising regulations
content:
42Q. —(1) Subject to section 81B, the Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Subdivision or Subdivision (1), (2) or (3). (2) In particular, the Minister may make regulations for any of the following: ( a ) regulating any public display, by or on behalf of a candidate, of any traditional election advertising; ( b ) regulating the publishing in Singapore by electronic means, by or on behalf of a candidate, in connection with an election, any online election advertising and any non-online election advertising; ( c ) providing that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $1,000 or with imprisonment for a term not exceeding 12 months or with both; ( d ) providing for any saving, transitional and other consequential, incidental and supplemental provisions that are necessary or expedient. (3) The election advertising regulations may prescribe — ( a ) a maximum permissible number of traditional election advertising allowed to be publicly displayed by reference to the total number of electors; and ( b ) different maximum permissible numbers for different types of traditional election advertising or for different forms of public display of traditional election advertising. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s42R
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 42R
title: Supplementary interpretive provisions for election advertising controls
content:
42R. —(1) In this Subdivision and Subdivisions (1), (2) and (3) — “a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else; “authorised news agency” means the holder of — ( a ) a permit granted under the Newspaper and Printing Presses Act 1974; or ( b ) a broadcasting licence granted under section 8, or deemed granted under section 9, of the Broadcasting Act 1994; “campaign period”, in relation to an election, means the period — ( a ) starting immediately after nomination proceedings end on the day of nomination for that election and the election is adjourned under section 16(1)( a ) to enable a poll to be taken in accordance with this Act; and ( b ) ending with the start of cooling-off period for that election, as defined in section 42C(4); “election period”, in relation to an election, means the period — ( a ) starting when a writ of election is issued under section 6 for the purposes of the election; and ( b ) ending with the close of polling on polling day at that election; “functionality”, in relation to an electronic service or an internet access service, includes — ( a ) any feature that enables interactions of any description between end-users of the service; ( b ) any feature that enables end-users to search online locations or databases, index search results or otherwise retrieve information or material from the search results; and ( c ) any feature enabling an end-user to do anything as follows: (i) creating a user profile, including an anonymous or a pseudonymous profile; (ii) searching within the service for user-generated content or other users of the service; (iii) forwarding content to, or sharing content with, other users of the service; (iv) sharing content on any internet-based services; (v) sending direct messages to or speaking to other users of the service, or interacting with them in another way (such as by playing a game); (vi) expressing a view on content; Examples ( a ) Applying a “like” or “dislike” button or other similar button. ( b ) Applying an emoji or a symbol of any kind. ( c ) Engaging in yes/no voting. ( d ) Rating or scoring content in any way. (vii) sharing current or historic location information with other users of the service, recording a user’s movements or identifying which other users of the service are nearby; (viii) following or subscribing to particular kinds of content or particular users of the service; (ix) creating lists, collections, archives or directories of content or users of the service; (x) tagging or labelling content present on the service; (xi) uploading content relating to goods or services; (xii) applying or changing settings on the service which affect the presentation of user-generated content on the service; (xiii) accessing other Internet services through content present on the service (such as through hyperlinks); “identity particulars” means — ( a ) for an individual — his or her full name as shown in his or her passport or other identity document and any other identifying particulars prescribed (if prescribed); or ( b ) for an entity — (i) the full name of the entity; and (ii) any other identifying particulars prescribed (if prescribed); “internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore — ( a ) that — (i) enables end-users to access content on the Internet using that service; or (ii) delivers content to persons having equipment appropriate for receiving that content on the Internet, where the delivery of the service is by a telecommunication service described in sub-paragraph (i); and ( b ) that is covered by a licence under the Telecommunications Act 1999, but excludes a social media service; “MMS” means an electronic service that enables only the transmission of multimedia messages (such as visual or voice communication) from an end-user on a mobile telephone to another mobile telephone through a telecommunication service; “money’s worth” means any service, any office or employment, or any goods or property (whether movable or immovable and whether tangible or intangible) and includes any of the following: ( a ) any virtual voucher, virtual coupon, virtual credit, virtual coin or virtual token; ( b ) any arrangement under which a party has — (i) an encashable legal or equitable right to receive a financial benefit; (ii) an encashable legal or equitable obligation to provide a financial benefit; or (iii) a combination of one or more such rights and one or more such obligations; ( c ) any right to receive money or something else that is money’s worth under this definition; “permissible electoral matter” means all or any of the following, and nothing else: ( a ) the name or image (or both) of a candidate as a candidate; ( b ) the symbol allotted to a candidate under section 16; “point-to-multipoint service” means an electronic service which allows an end-user to communicate content to more than one end-user simultaneously; “relevant electronic service” means — ( a ) an electronic service that enables end-users to communicate, by means of email, with other end-users; ( b ) an online instant messaging service that enables end-users to communicate with other end-users; ( c ) a point-to-multipoint service; ( d ) an electronic service that enables end-users to play online games with other end-users; or ( e ) an electronic service that specialises in providing links or facilitating access to, or information about, online locations, such as (but not limited to) a search engine, directory service or web browser; “SMS” means an electronic service that only enables the transmission of short text messages from an end-user on a mobile telephone to another mobile telephone through a telecommunication service; “social media service” means an electronic service that satisfies all the following characteristics: ( a ) the sole or primary purpose of the service is to enable online interaction or linking between 2 or more end-users (including enabling end-users to share content for social purposes); ( b ) the service allows end-users to communicate content on the service; ( c ) such other characteristics as are prescribed; “user-generated content”, in relation to an electronic service, means content — ( a ) that is — (i) generated directly on the service by an end-user of the service; or (ii) communicated by posting or sharing on the service by an end-user of the service; and ( b ) that may be accessed by another end-user of that service, or other users, of the service by means of that service. (2) In this Subdivision and Subdivisions (1), (2) and (3), a person undertakes electronic communications activity in relation to any content if the person communicates or distributes the content on or by — ( a ) an SMS; ( b ) an MMS; ( c ) a service that renders the content accessible from the Internet, such as but not limited to on or by a social media service, a relevant electronic service or an internet access service; or ( d ) a broadcasting service or other electronic service (such as real-time transmission) for reception on a computer monitor, television screen, mobile device or similar medium equipment appropriate for receiving that content. (3) For the purposes of section 42B(9)( b ), 42D(2)( a ) or 42LA(4)( a ), whether any communication of content by electronic means is or is not of a private or domestic nature must be determined by having regard to all or any one of the following factors: ( a ) the number of individuals in Singapore who are able to access the content by means of the service; ( b ) any restrictions on who may access the content by means of the service (such as a requirement for approval or permission from a user, or the provider, of the service); ( c ) the relationship between the persons that the content is being or has been communicated; ( d ) any other relevant factor. [Act 34 of 2024 wef 22/01/2025] (4) However, for the purposes of subsection (3), the following factors do not count as restrictions on access to content communicated by means of an electronic service: ( a ) a requirement to log in to or register with the electronic service (or part of such a service); ( b ) a requirement to make a payment or take out a subscription in order to access the electronic service (or part of such a service) or to access particular content communicated by means of that service; ( c ) inability to access the electronic service (or part of such a service) or to access particular content communicated by means of that service except by using particular technology or a particular kind of device (as long as that technology or device is generally available to the public). (5) For the purposes of the definition of “money’s worth” in subsection (1), a right to receive, or an obligation to provide, a financial benefit is encashable if, and only if — ( a ) the benefit is money or money’s worth; ( b ) in the case of a right, the holder thereof intends to satisfy or settle it by receiving money or money’s worth; ( c ) in the case of an obligation, the party subject to it intends to satisfy or settle it by providing money or money’s worth; or ( d ) the financial benefit is readily convertible into money or money’s worth and there is a market for the financial benefit that has a high degree of liquidity. (6) Any provision in this Subdivision or Subdivision (1), (2) or (3) or section 60B or 60C, or in the election advertising regulations, involving publishing content by electronic means extends to a person who engages in any conduct that constitutes an offence described in the respective provision — ( a ) wholly or partly in Singapore; or ( b ) wholly outside Singapore and as a result of that conduct, the offence occurs wholly or partly in Singapore. (7) For the purpose of subsection (6), where a person sends content or a thing containing content, or causes content or a thing containing content to be sent, by electronic means — ( a ) from a point outside Singapore to a point in Singapore; or ( b ) from a point in Singapore to a point outside Singapore, that conduct is taken to have occurred partly in Singapore. (8) To avoid doubt, nothing in this Act limits the operation of section 26 of the Electronic Transactions Act 2010 in relation to network service providers. [Act 9 of 2023 wef 01/06/2023] Division 3 &#x2014; Election Agent,
Election Expenses and Illegal Practices [6/2017]


document_id: prea-1991
provision_ref: s43
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 43
title: Appointment of election agents
content:
43. —(1) On or before nomination day at an election, not more than 20 persons must be appointed in writing by or on behalf of each candidate as his or her election agents for that election. [Act 9 of 2023 wef 01/06/2023] (2) A candidate may appoint himself or herself as election agent, and is thereupon, so far as circumstances admit, subject to the provisions of this Act, both as a candidate and as an election agent. [Act 9 of 2023 wef 01/06/2023] (2A) On or before nomination day at an election, not more than one principal election agent for that election must be appointed by the candidate from among his or her election agents for that election. (2B) Where there is no appointment in force under subsection (1), (2) or (2A) of any election agent of a candidate for an election, the candidate must be treated, and so far as circumstances admit and subject to the provisions of this Act — ( a ) as a candidate, as an election agent and the principal election agent for that election; and ( b ) as appointed as an election agent and the principal election agent for that election and deemed so declared under subsection (3), and any reference in this Act to an election agent or the principal election agent is construed to refer to the candidate acting in his or her capacity as an election agent or the principal election agent (as the case may be) by virtue of this subsection. [Act 9 of 2023 wef 01/06/2023] (2C) Where there is no appointment in force under subsection (2A) of the principal election agent for a candidate in an election, but there are appointments of 20 or fewer election agents under subsection (1) or (2) in force, the election agent determined in accordance with paragraph ( a ), ( b ) or ( c ) (whichever being applicable) must be treated as appointed as the principal election agent for that candidate in relation to that election and deemed declared under subsection (3) as the principal election agent: ( a ) where the appointments of those election agents are all declared under subsection (3) using an electronic system approved by the Returning Officer for the election — the election agent named in the declaration made earliest in time by the candidate; ( b ) where the appointments of those election agents are all declared under subsection (3) using the form approved by the Returning Officer for the election — the election agent whose name appears first on top in the vertical list of election agents so declared; ( c ) where the appointments of those election agents are declared under subsection (3) using a mix of an electronic system and the form approved by the Returning Officer for the election — (i) the election agent named in the first declaration made using the electronic system and before any other declaration using the approved form; or (ii) the election agent named in the declaration made using the approved form and before any other declaration using the electronic system or, if more than one election agent is named in such a declaration made using the approved form, the election agent whose name appears first on top in the vertical list of election agents so declared. [Act 9 of 2023 wef 01/06/2023] (3) On or before nomination day, the names and addresses of the principal election agent and every election agent of each candidate must be declared in writing by the candidate or some other person on the candidate’s behalf to the Returning Officer using an electronic system or a form approved by the Returning Officer for the election. [Act 9 of 2023 wef 01/06/2023] (3A) The Returning Officer must immediately, by affixing a notice in a conspicuous place outside his or her office, give public notice of the names and addresses of the principal election agent and every election agent so declared or deemed declared. [Act 9 of 2023 wef 01/06/2023] (4) The appointment of a principal election agent or an election agent, whether the person so appointed be any of the candidates or not, may be revoked. (5) In the event of such revocation or of the death of a principal election agent or an election agent (as the case may be), whether the event is before, during or after the election, another principal election agent must or another election agent may then immediately be appointed. (6) The name and address of the other principal election agent or election agent appointed under subsection (5) must be declared in writing to the Returning Officer, who must immediately give public notice of the name and address in accordance with subsection (3A). [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s44
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 44
title: Person convicted of corrupt practice, etc., not to be appointed election agent
content:
44. A person must not be appointed an election agent if the person is an undischarged bankrupt or has, within 7 years prior to such appointment, been convicted of any corrupt practice under this Act or the Parliamentary Elections Act 1954. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s45
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 45
title: Making of contracts through election agent
content:
45. —(1) Every polling agent, clerk and messenger employed for payment on behalf of a candidate at an election must be appointed by the candidate, his or her principal election agent or any of his or her election agents. [Act 9 of 2023 wef 01/06/2023] (1A) Every committee-room hired on behalf of a candidate must be hired by his or her principal election agent or any of his or her election agents. (1B) The candidate, the principal election agent or election agent (as the case may be) must inform the presiding officer at each polling station in writing of the name of the polling agent or agents that has been appointed under subsection (1) to act at that polling station before the person is admitted to the polling station. [Act 9 of 2023 wef 01/06/2023] (2) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election is not enforceable against a candidate at the election unless made by the candidate or any of the candidate’s election agents. (3) Inability under this section to enforce a contract against a candidate does not relieve the candidate from the consequences of any corrupt or illegal practice committed by the candidate’s agent.


document_id: prea-1991
provision_ref: s46
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 46
title: Payment of expenses through election agent
content:
46. —(1) Except as permitted by or pursuant to this Act, no payment and no advance or deposit is to be made by a candidate at an election, or by any agent on behalf of the candidate, or by any other person at any time, whether before, during, or after the election, in respect of any expenses incurred on account of or in respect of the conduct or management of the election otherwise than by or through any election agent of the candidate. (1A) All money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance or deposit, must be paid to the candidate or any of the candidate’s election agents and not otherwise. (2) Subsections (1) and (1A) do not apply to any payment by the Returning Officer or to any sum disbursed by any person out of his or her own money for any small expense legally incurred by himself or herself, if the sum is not repaid to him or her. (3) A person who makes any payment, advance or deposit in contravention of this section or pays in contravention of this section any money so provided as aforesaid shall be guilty of an illegal practice.


document_id: prea-1991
provision_ref: s47
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 47
title: Period for sending in claims and making payments for election expenses
content:
47. —(1) Every payment of $10 or more made by an election agent in respect of any expenses incurred on account of or in respect of the conduct and management of an election must, except where, from the nature of the case, such as travel by rail or postage, a receipt is not obtainable, be vouched for by a bill stating the particulars and by a receipt. (2) Every claim against a candidate at an election or any of the candidate’s election agents in respect of any expenses incurred on account of or in respect of the conduct or management of the election, which is not sent in to the election agent within the time limited by this Act, is barred and must not be paid. (2A) Subject to such exception as may be allowed pursuant to this Act, an election agent who pays a claim in contravention of subsection (2) shall be guilty of an illegal practice. (3) Except as otherwise provided by this Act, the time limited by this Act for sending in claims is 14 days after the date of publication of the result of the election in the Gazette under section 34. (4) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of the election, must be paid within the time limited by this Act and not otherwise. (4A) Subject to such exception as may be allowed pursuant to this Act, an election agent who makes a payment in contravention of subsection (4) shall be guilty of an illegal practice. (5) Except as otherwise provided by this Act, the time limited by this Act for the payment of the expenses referred to in subsection (4) is 28 days after the date of publication of the result of the election in the Gazette under section 34. (6) Where it has been proved to the satisfaction of the Election Judge by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or connivance of the candidate, the election of the candidate is not void, nor is the candidate subject to any incapacity under this Act by reason only of the payment having been made in contravention of this section. (7) If any election agent in the case of any claim sent in to him or her within the time limited by this Act disputes it, or refuses or fails to pay it within the period of 28 days, the claim is deemed to be a disputed claim. (8) The claimant may bring an action for a disputed claim in any competent court; and any sum paid by a candidate or any of his or her election agents pursuant to the judgment or order of that court is deemed to be paid within the time limited by this Act, and to be an exception from the provisions of this Act, requiring claims to be paid by any election agent. (9) On cause shown to the satisfaction of an Election Judge, the Judge, on application by the claimant or by the candidate or any of his or her election agents, may by order give permission for the payment by the candidate or any of his or her election agents of a disputed claim, or of a claim for those expenses, although the claim was sent in after the time in this section mentioned for sending in claims or was sent in to the candidate and not to any election agent. [Act 25 of 2021 wef 01/04/2022] (10) Any sum specified in any order of permission under subsection (9) may be paid by the candidate or any of his or her election agents; and when paid pursuant to that permission is deemed to be paid within the time limited by this Act. [Act 25 of 2021 wef 01/04/2022]


document_id: prea-1991
provision_ref: s48
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 48
title: Remuneration of election agent
content:
48. —(1) So far as circumstances admit, this Act applies to a claim for his or her remuneration by an election agent and to the payment thereof in like manner as if he or she were any other creditor. (2) If any difference arises respecting the amount of the claim, the claim is a disputed claim within the meaning of this Act, and be dealt with accordingly.


document_id: prea-1991
provision_ref: s49
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 49
title: Personal expenses of candidate and petty expenses
content:
49. —(1) Any candidate at an election may pay any personal expenses incurred by him or her on account of or in connection with or incidental to the election to an amount not exceeding $1,000, but any further personal expenses so incurred by him or her must be paid by his or her principal election agent. (2) The candidate must send to his or her principal election agent, within the time limited by this Act for sending in claims, a written statement of the amount of personal expenses paid by the candidate. (3) The personal expenses of a candidate include his or her reasonable travelling expenses and the reasonable expenses of his or her living at hotels or elsewhere for the purposes of the election. (4) Any person may, if so authorised in writing by any election agent of the candidate, pay any necessary expense for stationery, postage, telegrams, and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named must be paid by the election agent. (5) [ Deleted by Act 9 of 2023 wef 01/06/2023 ]


document_id: prea-1991
provision_ref: s50
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 50
title: Expenses in excess of maximum to be illegal practice
content:
50. —(1) Subject to such exception as may be allowed pursuant to this Act, no sum is to be paid and no expense is to be incurred by any candidate at any election or any of his or her election agents, whether before, during, or after an election, on account of or in respect of the conduct or management of the election, in excess of $600,000 or an amount equal to 30 cents for each elector on the registers, whichever is the greater. (1A) The amount mentioned in subsection (1) must not include any expenditure incurred by the candidate for his or her personal expenses, or any fee paid to any election agent not exceeding $500. (2) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice. (3) The Minister may by order amend the amount specified in subsection (1) and every such order must be presented to Parliament as soon as possible after publication in the Gazette . (4) Where a writ of election has been issued under section 6 for an election, an order under subsection (3) must not be made until after nomination day or, if a poll is to be taken, until after polling day of that election.


document_id: prea-1991
provision_ref: s51
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 51
title: Certain expenditure to be illegal practice
content:
51. —(1) No payment or contract for payment is, for the purpose of promoting or procuring the election of any candidate at any election, to be made — ( a ) on account of the conveyance of electors or voters to or from the poll, whether for the hiring of vehicles or animals of transport of any kind whatsoever, or for railway or other fares, or otherwise; or ( b ) to or with an elector or voter on account of the use of any house, land, building or premises for the exhibition of any address, bill or notice, or on account of the exhibition of any address, bill or notice. (2) Despite anything in subsection (1) — ( a ) where it is the ordinary business of an elector or voter as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with the elector or voter, if made in the ordinary course of business, is not to be deemed to be an illegal practice within the meaning of this section; and ( b ) where electors or voters are unable at an election to reach their polling stations from their place of residence without crossing the sea, means may be provided for conveying those electors or voters by sea to their polling stations and the amount of payment for such means of conveyance may be in addition to the maximum amount of expenses allowed by this Act.


document_id: prea-1991
provision_ref: s52
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 52
title: Plural voting
content:
52. —(1) Any person who votes as an elector — ( a ) in or in respect of an electoral division other than the electoral division in which the person is registered; ( b ) more than once at any election in or in respect of the same electoral division in which the person is registered as an elector; or ( c ) in or in respect of more than one electoral division at an election, shall be guilty of an illegal practice. (2) The court before which a person is convicted under this section may in its discretion in the circumstances of any particular case mitigate or remit any penalty which may be imposed in respect thereof under section 61.


document_id: prea-1991
provision_ref: s53
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 53
title: Use of motor vehicles at elections
content:
53. —(1) Subject to this section, a person must not let, lend, employ, hire, borrow or use any motor vehicle for the purpose of conveyance of electors or voters to or from the poll. (1A) A person knowingly acting in contravention of subsection (1) shall be guilty of an illegal practice, except that the candidate shall not be liable, nor shall the candidate’s election be avoided, for an illegal practice under this subsection committed without his or her consent or connivance by any person other than any of his or her election agents. (2) Nothing in this section prevents any person from employing a motor vehicle for the purpose of conveying to or from the poll himself or herself, or any member of his or her family. (3) In subsection (2), “member of his or her family” means a person’s spouse, parents and children. (4) A person must not, between 8 a.m. and 8 p.m. on polling day park a motor vehicle within 100 metres of any polling station other than a motor vehicle used for the conveyance of any sick, infirm or disabled person for such time as is reasonably necessary to enable the person to cast his or her vote. (5) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500. (6) The illegal practice and the offence under subsections (1A) and (4), respectively, are each an arrestable offence within the meaning of the Criminal Procedure Code 2010.


document_id: prea-1991
provision_ref: s54
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 54
title: Certain employment to be illegal
content:
54. —(1) A person must not, for the purpose of promoting or procuring the election of any candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for the following purposes or in the following capacities: ( a ) not more than 20 election agents; ( b ) the number of polling agents of each candidate that may be admitted to each polling station under section 22(6); [Act 9 of 2023 wef 01/06/2023] ( c ) a reasonable number of clerks and messengers having regard to the area of the electoral division and the number of electors on the register of electors for the electoral division. (2) Subject to such exception as may be allowed pursuant to this Act, if any person is engaged or employed in contravention of this section, either before, during or after an election, the person engaging or employing him or her shall be guilty of an illegal practice.


document_id: prea-1991
provision_ref: s55
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 55
title: Saving for creditors
content:
55. The provisions of this Act prohibiting certain payments and contracts for payments, and the payment of any sum, and the incurring of expenses in excess of a certain maximum, do not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant that they were in contravention of this Act.


document_id: prea-1991
provision_ref: s55A
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 55A
title: Post-election declaration by candidates
content:
55A. —(1) Every candidate at an election must give to the Returning Officer a declaration that is in accordance with subsection (2), not later than the 7th day after the day that the result of the election is published under section 15(1)( b ) or 34, as the case may be. (2) The declaration required by subsection (1) to be given by a candidate must be made by the candidate, be in the prescribed form, and further state that, to the best of the knowledge and belief of the candidate — ( a ) no foreigner has been authorised by the candidate or his or her election agent under section 65(2) to conduct any election activity for the purpose of procuring the electoral success at that election of the candidate; ( b ) the conduct of any election activity by the candidate or his or her election agent for the purpose of procuring the electoral success at that election of the candidate, was not undertaken by the candidate or election agent pursuant to any impermissible arrangement; and ( c ) the conduct of any election activity for the purpose of procuring the electoral success at that election of the candidate, was not authorised by the candidate or his or her election agent, pursuant to any impermissible arrangement. (3) For the purposes of this section, any declaration that is required by subsection (1) to be given to the Returning Officer must not be regarded as so given unless the declaration is actually received by the Returning Officer. (4) Where any declaration which is required by subsection (1) to be given to the Returning Officer is not so given within the time delimited under subsection (1), the candidate shall be guilty of an illegal practice; and the provisions of this subsection are in addition to and not in derogation of section 42. (5) In this section — “arrangement” includes a contract, an agreement, understanding or other arrangement of any kind, whether written or unwritten; “foreign principal” has the meaning given by section 4 of the Foreign Interference (Countermeasures) Act 2021; “foreigner” means an individual who is not a citizen of Singapore; “impermissible arrangement”, in relation to a candidate or his or her election agent, means an arrangement — ( a ) to which the candidate or election agent is party; and ( b ) under which the candidate or election agent (as the case may be) is accustomed or under an obligation (whether formal or informal) to engage in conduct in accordance with the directions, instructions or wishes of a foreign principal or, where the foreign principal is a corporation, of the directors of the foreign principal. [Act 28 of 2021 wef 07/07/2022]


document_id: prea-1991
provision_ref: s56
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 56
title: Return and declaration respecting election expenses
content:
56. —(1) Within 31 days after the date of publication of the result of an election in the Gazette , the principal election agent of every candidate at that election must transmit to the Returning Officer a true return (called in this Act the return respecting election expenses), in the prescribed form, containing detailed statements as respects the candidate of — ( a ) all payments made by every election agent of the candidate together with all the bills and receipts referred to in section 47(1), which bills and receipts are in this Act included in the expression “return respecting election expenses”, and the dates of payment of all sums for which no receipt is attached; ( b ) the amount of personal expenses (if any) paid by the candidate; ( c ) the disputed claims so far as any of the election agents of the candidate are aware; ( d ) all unpaid claims (if any) of which any of the election agents of the candidate are aware in respect of which application has been made or is about to be made to an Election Judge; and ( e ) every donation accepted by every election agent or by the candidate for the purpose of expenses incurred or to be incurred on account of or in respect of the management of the election, naming every person from whom the donation may have been received. (2) The return respecting election expenses must be signed by the principal election agent and must be accompanied by a statement made by the candidate and his or her principal election agent in the prescribed form. [Act 9 of 2023 wef 01/06/2023] (3) Any candidate or principal election agent who fails to comply with the requirements of subsection (1) or (2) shall be guilty of an illegal practice and the provisions of this section are in addition to and not in derogation of section 42. (4) For the purposes of this section, “donation” has the meaning given by the definition of “political donation” in section 51 of the Foreign Interference (Countermeasures) Act 2021, and a donation is accepted by a candidate or an election agent if it is accepted within the meaning of that Act. [Act 28 of 2021 wef 29/12/2023] (5) The Returning Officer may issue one or more guidelines for the purpose of providing practical guidance or certainty in respect of any one or more of the requirements of this section what must be or need not be disclosed in any returns respecting election expenses. [Act 9 of 2023 wef 01/06/2023] (6) In proceedings for an illegal practice under this Act involving any return respecting election expenses — ( a ) compliance with a provision of any guideline issued under subsection (5) found by the court, to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or ( b ) a contravention of or a failure to comply with, whether by act or omission, any such provision so found, may be relied on by any party to those proceedings as tending to negative or establish any liability which is in question in those proceedings. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s56A
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 56A
title: Corrections to returns respecting election expenses, etc.
content:
56A. —(1) Where the principal election agent of any candidate at an election becomes aware of any error or omission in any content contained in any return respecting election expenses which the principal election agent first transmitted under section 56 to the Returning Officer with respect to the candidate and the election (called in this section an original return) — ( a ) the principal election agent may apply to the Returning Officer to correct the error or omission in the original return, accompanied by — (i) a fresh return respecting election expenses annotated with what content in the original return is corrected and how it is corrected; and (ii) a fresh statement and declaration in the prescribed form, made together with the candidate, in relation to the return respecting election expenses annotated under sub-paragraph (i); and ( b ) the Returning Officer must give the principal election agent a reasonable opportunity to correct that error or omission unless subsection (3) applies. (2) To avoid doubt, a principal election agent may make more than one application under this section to correct the original return. (3) However — ( a ) no application under subsection (1) may be made; and ( b ) no correction may be made with respect to any original return earlier transmitted to the Returning Officer, after the expiry of the time delimited by section 56(1) for the transmission to the Returning Officer of returns respecting election expenses and the statements relating thereto. (4) Every fresh return respecting election expenses by the principal election agent of a candidate and every fresh statement and declaration relating thereto, if transmitted to the Returning Officer according to subsection (1), must be treated for the purposes of this Act as replacing any original return by the principal election agent and any statement and declaration relating to the original return. (5) In this section, “error” has the meaning given by section 82(3). (6) Nothing in this section affects section 70. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s57
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 57
title: Publication of receipt of return, etc.
content:
57. —(1) When the Returning Officer receives any return respecting election expenses and the statements made in respect thereof under section 56(1) or 56A(1), the Returning Officer must, as soon as possible, cause a notice of the date on which the return and statements in question were received by him or her and of the online location maintained by the Government at which they can be inspected to be published in the Gazette and published in Singapore in any other manner that will secure adequate publicity in Singapore for the contents of the notice. [Act 9 of 2023 wef 01/06/2023] (2) The Returning Officer must — ( a ) preserve all such returns and statements with the bills and vouchers relating thereto; and [Act 9 of 2023 wef 01/06/2023] ( b ) ensure that, for a period of 6 months starting the date the notice is published under subsection (1) in the Gazette , the online location specified in that notice is accessible at all times so that any person may inspect those returns respecting election expenses and statements at that online location. [Act 9 of 2023 wef 01/06/2023] ( c ) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] (2A) Before permitting the inspection of any return or statement under subsection (2)( b ), the Returning Officer must — ( a ) completely redact the address and contact number of any individual disclosed in the return or statement; and ( b ) partially redact the identity card number of any individual disclosed in the return or statement. [Act 9 of 2023 wef 01/06/2023] (3) After the end of one year after the date of publication of the notice mentioned in subsection (1), those documents may be destroyed or returned to the candidate if application for their return is made by the candidate before they are destroyed. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s58
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 58
title: Employers to allow employees reasonable period for voting
content:
58. —(1) Every employer must, on polling day, allow every elector in his or her employ a reasonable period for voting. (1A) An employer must not make any deduction from the pay or other remuneration of any such elector or impose upon or exact from the elector any penalty by reason of the absence of the elector during that period. (2) Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other manner, interferes with the granting to any elector in his or her employ of a reasonable period for voting shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: prea-1991
provision_ref: s59
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 59
title: Badges, symbols, etc., prohibited on polling day and eve of polling day
content:
59. —(1) Subject to subsection (4), a badge, symbol, rosette, favour, set of colours, flag, advertisement, handbill, placard or poster or any replica of a voting paper must not be worn, used, carried or displayed by any person or on any motor car, truck or other vehicle as political propaganda on polling day or on the eve of polling day at an election. (2) The offence under subsection (3) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months. (4) Nothing in this section precludes a candidate wearing on his or her person a replica of the symbol allotted to him or her under section 16. 60. [ Repealed by Act 9 of 2023 wef 01/06/2023 ] 60AA. [ Repealed by Act 9 of 2023 wef 01/06/2023 ] 60A. [ Repealed by Act 9 of 2023 wef 01/06/2023 ]


document_id: prea-1991
provision_ref: s60B
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 60B
title: Blackout period for election survey results
content:
60B. —(1) A person must not publish or permit or cause to be published the results of any election survey, or any content purporting to be any result of an election survey, during the period beginning with the day the writ of election is issued for an election and ending with the close of all polling stations on polling day at the election. [6/2017] [Act 9 of 2023 wef 01/06/2023] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months or to both. [6/2017] (3) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. [6/2017] (4) In this section, “election survey” means an opinion survey of how voters will vote at an election or of the preferences of voters respecting any candidate or any issue with which an identifiable candidate is associated at an election. [6/2017] [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s60C
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 60C
title: Exit polls ban on polling day
content:
60C. —(1) A person must not publish or permit or cause to be published on polling day at an election before the close of all polling stations on that day — ( a ) any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or ( b ) any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given. [6/2017] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months or to both. [6/2017] (3) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. [6/2017] (4) In this section — ( a ) “forecast” includes estimates; and ( b ) the reference to the result of an election is a reference to the result of an election either as a whole or so far as any particular candidate at the election is concerned. [6/2017]


document_id: prea-1991
provision_ref: s60D
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 60D
title: Defence for section 60B or 60C offence
content:
60D. —(1) It is a defence for a person charged with an offence under section 42(1) or (4), 42(1)( d ) or ( e ), 60B(2) or 60C(2) to prove — ( a ) that the contravention of section 42(1)( d ) or ( e ), 60B(1) or 60C(1) (as the case may be) arose from circumstances beyond the person’s control; and [Act 9 of 2023 wef 01/06/2023] ( b ) that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise. [6/2017] [Act 9 of 2023 wef 01/06/2023] (2) Nothing in subsection (1) limits the operation of section 26 of the Electronic Transactions Act 2010 in relation to network service providers. [6/2017] [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s61
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 61
title: Punishment for conviction for illegal practice
content:
61. —(1) Every person who commits an illegal practice shall be guilty of an offence and shall on conviction by a District Court be liable to a fine not exceeding $2,000 and shall become incapable for a period of 3 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament. (2) A prosecution for an illegal practice must not be instituted without the consent of the Public Prosecutor. (3) Nothing in this section prevents any police officer from exercising the powers conferred on him or her by Division 1 of Part 4 (other than section 20) and sections 34, 39, 40, 111, 258, 260, 261 and 280 of the Criminal Procedure Code 2010 in the case of non‑arrestable offences or from exercising his or her powers to prevent a continuance of any illegal practice.


document_id: prea-1991
provision_ref: s62
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 62
title: Prohibition of canvassing on polling day and eve of polling day
content:
62. —(1) A person must not on polling day and the eve of polling day at an election — ( a ) by word, message, writing or in any other manner endeavour to persuade any person to give or dissuade any person from giving his or her vote at the election; or ( b ) visit an elector at his or her home or place of work for any purpose in connection with the election. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months or to both. (3) Despite the provisions of the Criminal Procedure Code 2010 relating to the powers of search of any police officer, if any police officer has reasonable cause to believe that an offence is being committed under subsection (1), the police officer, by virtue of his or her office, is empowered to enter and search any premises or place for the purpose of ascertaining whether such an offence is being committed. (4) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. (5) For the purposes of this section, any person who, on polling day or on the eve of polling day, enters or is seen at more than 2 houses or places of work of electors in the same polling district other than his or her own home or place or work, is, unless the person proves the contrary, presumed to have committed an offence under subsection (1)( a ) and ( b ).


document_id: prea-1991
provision_ref: s62A
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 62A
title: Restrictions on election meetings
content:
62A. —(1) Without affecting sections 12 and 13 of the Public Order Act 2009, and despite section 14 of that Act, all election meetings, wherever held, are prohibited on polling day and the eve of polling day at an election, and despite section 7 of that Act, no permit may be granted under Part 2 of that Act for such an election meeting even if a notice under section 6 of that Act is given in respect of that election meeting. (2) Despite section 14 of the Public Order Act 2009, an election meeting must not take place within any public place that is designated as an unrestricted area under that section between nomination day and the day before the eve of polling day at an election (both days inclusive), unless the Commissioner of Police is notified under section 6 of that Act of the intention to hold the election meeting, and a permit is granted under section 7 of that Act in respect of that election meeting; and Part 2 of that Act applies to such an election meeting as if it does not take place within an unrestricted area. (3) Any reference in the Public Order Act 2009 to an assembly or a procession that is unlawful under Part 2 of that Act includes a reference to an election meeting — ( a ) that is held in contravention of subsection (1) or (2); or ( b ) in the case of an election meeting that takes place in an unrestricted area within the meaning of section 14 of the Public Order Act 2009 — (i) that is held on a date or at a time which differs from the date or time specified in relation to the election meeting in the notice given under section 6 of that Act; or (ii) that is not in compliance with any requirement imposed by section 8(1) of that Act or any condition imposed under section 8(2) of that Act on organisers or persons taking part in that election meeting. (4) In this section, “election meeting” means a public assembly (within the meaning of the Public Order Act 2009) organised by or on behalf of a candidate nominated for election — ( a ) to promote or procure the electoral success at the election for one or more identifiable candidates; or ( b ) to otherwise enhance the standing of any such candidates with the electorate in connection with the election.


document_id: prea-1991
provision_ref: s63
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 63
title: Prohibition of dissuasion from voting
content:
63. —(1) A person must not between nomination day and polling day (both days being inclusive) at any election, by word, message, writing or in any other manner dissuade or attempt to dissuade any person from giving his or her vote at the election. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. (3) Despite the provisions of the Criminal Procedure Code 2010 relating to the powers of search of any police officer, if any police officer has reasonable cause to believe that an offence is being committed under subsection (1), the police officer, by virtue of his or her office, is empowered to enter and search any premises or place for the purpose of ascertaining whether such an offence is being committed. (4) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010.


document_id: prea-1991
provision_ref: s64
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 64
title: Undue influence at or near polling station
content:
64. —(1) Subject to subsection (2), a person must not — ( a ) endeavour to establish the identity of any person entering a polling station; ( b ) check the name of any person entering a polling station on any list at the approach to a polling station; ( c ) anywhere place any desk or table or establish any office or booth for the purpose of recording particulars of voters; ( d ) wait outside any polling station on polling day, except for the purpose of gaining entry to the polling station to cast his or her vote; ( e ) loiter in any street or public place within the restricted zone of any polling station on polling day; or [Act 9 of 2023 wef 01/06/2023] ( f ) open or maintain, for the purpose of any activity directed towards promoting or procuring the election of a candidate at any election, any office in any room, building or any place whatsoever, whether open or enclosed, on polling day. (2) Every candidate or any of his or her election agents may open or maintain one office for each polling district, which must not be within the restricted zone of any polling station. [Act 9 of 2023 wef 01/06/2023] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. (4) The offence under subsection (3) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. (5) In this section, “restricted zone”, for a polling station, means all of the following, unless otherwise provided in subsection (6): ( a ) the building, or part of the building, in which the following are, or are to be, located: (i) any polling place of the polling station; (ii) any polling booth or other facility for electors allotted to that polling station are to vote in accordance with this Act; ( b ) the area within 200 metres of the external edges of a building or part of a building mentioned in paragraph ( a ); ( c ) if a building or part of a building mentioned in paragraph ( a ) is located in grounds — (i) the area in the grounds; (ii) the area within 200 metres of the boundary fence or another structure or feature that marks the boundary of those grounds; and (iii) if the Returning Officer or a presiding officer of that polling station has designated entrances to the grounds under section 18(5) — the area within 200 metres of each designated entrance to those grounds. [Act 9 of 2023 wef 01/06/2023] (6) However, “restricted zone” for a polling station does not include premises in the zone mentioned in subsection (5)( b ) or ( c ) that are outside Singapore. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s65
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 65
title: Persons prohibited from conducting election activity
content:
65. —(1) A person — ( a ) who is below 16 years of age; [Act 9 of 2023 wef 01/06/2023] ( b ) against whom an order of supervision has been made under section 30(1)( b ) of the Criminal Law (Temporary Provisions) Act 1955; or [Act 9 of 2023 wef 01/06/2023] ( c ) who is a foreigner or foreign entity, [Act 9 of 2023 wef 01/06/2023] ( d ) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] must not take part in any election activity. [12/2018] (1A) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] (2) A person must not conduct any election activity unless the person is in possession of a written authority in the prescribed form signed by a candidate or any election agent of the candidate and issued on or after nomination day. (3) Every candidate and election agent must supply particulars in duplicate of all written authorities issued by them under subsection (2) to the Returning Officer, who must on receipt thereof forward a copy of those particulars to the Commissioner of Police. (4) Any candidate or election agent must, if so required by the Commissioner of Police, immediately withdraw and deliver to the Returning Officer the written authority given by the candidate or election agent to any person who is stated by the Commissioner of Police to be a person in respect of whom an order of supervision has been made under section 30(1)( b ) of the Criminal Law (Temporary Provisions) Act 1955. [12/2018] (5) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. (6) A candidate or election agent must not authorise any person to conduct an election activity, knowing or having reason to believe that the person is below 16 years of age or is a foreigner or a foreign entity or that an order of supervision has been made in respect of the person under section 30(1)( b ) of the Criminal Law (Temporary Provisions) Act 1955. [12/2018] [Act 9 of 2023 wef 01/06/2023] (7) Every offence under this section for contravening subsection (1) or (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. [Act 9 of 2023 wef 01/06/2023] (8) In this section, “election activity” includes any activity (other than clerical work wholly performed within enclosed premises) which is done for the purpose of — ( a ) promoting or procuring the electoral success at any election for any candidate; or ( b ) prejudicing the electoral prospects at the election of any other candidate. [Act 9 of 2023 wef 01/06/2023] (8A) However, “election activity” excludes a third party publishing, or causing to be published, any content in any way that renders the content accessible from the Internet, where all or part of the production of the content or its publication is not paid for, in money or money’s worth, by the third party or by another person who may or may not be a third party. [Act 9 of 2023 wef 01/06/2023] (9) Nothing in this section prohibits the taking part in or conduct of election activity by any prescribed individual, or individual in a prescribed class of individuals, or the carrying out by any prescribed person, or person in a prescribed class of persons, of such type of work as is prescribed, being work that is performed solely pursuant to a contract for service entered into with a person authorised to conduct election activity under this section. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s66
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 66
title: Unlawful assembly
content:
66. Where it is shown that the common object of an assembly of 5 or more persons is — ( a ) to interrupt or interfere with an election meeting; or ( b ) to go about in a group on polling day in a manner calculated to cause intimidation, alarm or annoyance to any elector, voter or candidate, the assembly is deemed to be an unlawful assembly as defined in section 141 of the Penal Code 1871.


document_id: prea-1991
provision_ref: s67
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 67
title: Offence to operate loudspeaker
content:
67. —(1) It shall be an offence for a person to operate any loudspeaker or other instrument for the production or reproduction of any speech, sound or music in any street or public place or any premises adjoining any street or public place, so as to interfere with any election meeting or so as to cause annoyance to persons conducting or attending the meeting. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 12 months. (3) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010. Division 4 &#x2014; Excuse for Corrupt and
Illegal Practice [6/2017]


document_id: prea-1991
provision_ref: s68
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 68
title: Report exonerating candidate in certain cases of corrupt and illegal practice by agents
content:
68. Where, upon the hearing of an application under section 71 respecting an election under this Act, the Election Judge reports that a candidate at the election has been guilty by his or her agents of the offence of treating or undue influence or of any illegal practice in reference to the election, and the Election Judge further reports, after giving the Public Prosecutor an opportunity of being heard, that the candidate has proved to the court — ( a ) that no corrupt or illegal practice was committed at the election by the candidate or any of his or her election agents and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or any of his or her election agents; ( b ) that the candidate and his or her election agents took all reasonable means for preventing the commission of corrupt and illegal practices at the election; ( c ) that the offences mentioned in the said report were of a trivial, unimportant and limited character; and ( d ) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his or her agents, then the election of the candidate is not, by reason of the offences mentioned in the report, void.


document_id: prea-1991
provision_ref: s69
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 69
title: Power of Election Judge to except innocent act from being illegal practice, etc.
content:
69. —(1) Where, on application made, it is shown to an Election Judge by such evidence as seems to the Judge sufficient — ( a ) that any act or omission of a candidate at any election, or of his or her election agents or of any other agent or person, would, by reason of being the payment of a sum or the incurring of expense in excess of any maximum amount allowed by this Act, or of being a payment, engagement, employment, or contract in contravention of this Act, or of otherwise being in contravention of any of the provisions of this Act, be but for this section an illegal practice; and ( b ) that the act or omission arose from inadvertence or from accidental miscalculations or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith, and in the circumstances it seems to the Judge, after giving the candidates, the Returning Officer, and any elector an opportunity of being heard, to be just that the candidate in question and the election and other agent and person, or any of them, should not be subject to any of the consequences under this Act of that act or omission, the Judge may make an order allowing that act or omission to be an exception from the provisions of this Act which would otherwise make the act or omission an illegal practice, payment, employment or hiring. (2) Upon the making of an order under subsection (1), the candidate, agent or person is not subject to any of the consequences under this Act of the act or omission mentioned in that subsection.


document_id: prea-1991
provision_ref: s69A
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 69A
title: Authorised excuse for non-compliance with section 55A
content:
69A. —(1) Where — ( a ) any declaration which is required by section 55A(1) to be given by a candidate at an election in an electoral division to the Returning Officer is not so given within the time delimited under that section, or being given contains a false statement; and ( b ) the candidate applies to an Election Judge or a Judge sitting in the General Division of the High Court and shows that the failure to give the declaration or the false statement in the declaration (as the case may be) has arisen by reason of the candidate’s illness, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the candidate, the Judge may, after notice of the application, and on production of evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the Returning Officer and any elector within the electoral division an opportunity of being heard, make such order for allowing an authorised excuse for the failure to give that declaration or for the false statement in that declaration (as the case may be) as the Judge considers just. (2) The order under subsection (1) may make the allowance conditional upon the making of the declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) seems best calculated for carrying into effect the objects of this Act. (3) An order under subsection (1) allowing an authorised excuse relieves the candidate applying for the order from any liability or consequences under this Act in respect of the matter excused by the order. (4) Where it is proved by the candidate to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) that — ( a ) any act or omission of the candidate’s election agent in relation to the conduct of election activity for the purpose of procuring the electoral success of the candidate, or the group of candidates of whom the candidate is part, was without the sanction or connivance of the candidate; and ( b ) the candidate took all reasonable means for preventing the act or omission, the Judge must relieve the candidate from the consequences of the act or omission on the part of the candidate’s election agent. (5) The date of an order under subsection (1) or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse. [Act 28 of 2021 wef 07/07/2022]


document_id: prea-1991
provision_ref: s70
chapter: PART 3 - OFFENCES AND CORRUPT AND ILLEGAL PRACTICES
section: 70
title:
Authorised excuse for non-compliance with provisions as to return and declaration respecting election expenses

content:
70. —(1) Where the return and statements respecting election expenses of a candidate at an election have not been transmitted as required by this Act, or being transmitted contain some error or false statement, then — ( a ) if the candidate applies to an Election Judge and shows that the failure to transmit the return and declarations, or any of them, or any part thereof, or any error or false statement therein, has arisen by reason of his or her illness, or of the absence, death, illness or misconduct of his or her principal election agent or of any election agent or any clerk or officer of the agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant; or ( b ) if the principal election agent of the candidate applies to an Election Judge and shows that the failure to transmit the return and statements which he or she was required to transmit, or any part thereof, or any error or false statement therein, arose by reason of his or her illness, or of the death, illness or misconduct of any prior principal election agent of the candidate, or of the absence, death, illness or misconduct of any election agent or any clerk, or officer of an election agent of the candidate, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant, the Election Judge may, after such notice of the application, and on production of such evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Election Judge seems fit, and after giving the other candidates, the Returning Officer and any elector an opportunity of being heard, make such order allowing an authorised excuse for the failure to transmit such return and statements or for an error or false statement in such return and statements as to the Election Judge seems just. (2) Where it appears to the Election Judge that any person being or having been an election agent has refused or failed to make such return or supply such particulars as will enable any candidate and his or her principal election agent, respectively, to comply with the provisions of this Act as to the return and statements respecting election expenses, the Election Judge must — ( a ) before making an order allowing the excuse mentioned in this section, order the person to attend before the Election Judge; and ( b ) unless the person attends and shows cause to the contrary, order the person to make the return and statements, or to deliver a statement of the particulars required to be contained in the return, as to the Election Judge appears just, and to make or deliver them within such time and to such other person and in such manner as the Election Judge may direct, or may order the person to be examined with respect to those particulars, and, in default of compliance with that order, the person shall be guilty of an illegal practice. (3) The order may make the allowance conditional upon the making of the return and statements in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge seems best calculated for carrying into effect the objects of this Act. (4) An order allowing an authorised excuse relieves the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order. (5) Where it is proved by the candidate to the Election Judge that any act or omission of the principal election agent in relation to the return and statements respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for preventing the act or omission, the Election Judge is to relieve the candidate from the consequences of the act or omission on the part of his or her principal election agent. (6) The date of the order or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is called in this Act the date of the allowance of the excuse.


document_id: prea-1991
provision_ref: s71
chapter: PART 4 - GROUNDS FOR AVOIDING ELECTIONS
section: 71
title: Application for avoidance of election on certain grounds
content:
71. The election of a candidate as President is to be declared to be void on an application made to an Election Judge on any of the following grounds which may be proved to the satisfaction of the Election Judge: ( a ) that by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate whom they preferred; ( b ) non-compliance with the provisions of this Act relating to elections, if it appears that the election was not conducted in accordance with the principles laid down in those provisions and that the non‑compliance affected the result of the election; ( c ) that a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his or her knowledge or consent or by any agent of the candidate; ( d ) that the candidate personally engaged a person as his or her election agent, or as a canvasser or agent, knowing that the person had, within 7 years prior to such engagement, been convicted or found guilty of a corrupt practice under this Act or the Parliamentary Elections Act 1954; ( e ) that the candidate was at the time of his or her election a person disqualified for election as President; ( f ) that the candidate intentionally or knowingly made a materially false or misleading statement of fact, or intentionally or knowingly failed to state a material fact, to the Presidential Elections Committee for the purpose of demonstrating his or her eligibility to be elected as President. [6/2017]


document_id: prea-1991
provision_ref: s72
chapter: PART 5 - APPLICATIONS FOR AVOIDANCE OF ELECTION
section: 72
title: Powers of Election Judge
content:
72. —(1) Every application under section 71 must be heard by an Election Judge. (2) Witnesses are to be ordered to attend or ordered to produce documents, and sworn, in the same manner as nearly as circumstances admit as in a trial by the General Division of the High Court in the exercise of its original civil jurisdiction and are subject to the same penalties for the giving of false evidence. [40/2019] [Act 31 of 2022 wef 01/11/2022] (3) On the hearing of an application under section 71, the Election Judge may — ( a ) by order under his or her hand, compel the attendance of any person as a witness who appears to the Election Judge to have been concerned in the election to which the application refers; and ( b ) examine any witness so compelled to attend or any person in court, although the witness is not called and examined by any party to the application; and after the examination of a witness by the Election Judge, the witness may be cross‑examined by or on behalf of the applicant and the respondent, or either of them. (4) Any person who wilfully refuses to obey the order of the Election Judge under subsection (3)( a ) shall be guilty of contempt of court under section 4(1) of the Administration of Justice (Protection) Act 2016. [19/2016] (5) The Election Judge is to be attended on the hearing of an application under section 71 in the same manner as if the Election Judge were a Supreme Court Judge sitting at assizes. [40/2019] (6) All interlocutory matters in connection with an application under section 71 may be dealt with and decided by an Election Judge.


document_id: prea-1991
provision_ref: s73
chapter: PART 5 - APPLICATIONS FOR AVOIDANCE OF ELECTION
section: 73
title: Who may make application under section 71
content:
73. An application under section 71 may be made to the Supreme Court — ( a ) in respect of section 71( a ), ( b ), ( c ), ( d ) or ( e ), by any one or more of the following persons: (i) any person who voted or had a right to vote at the election to which the application relates; (ii) any person claiming to have had a right to be returned or elected at the election; (iii) any person alleging himself or herself to have been a candidate at the election; and ( b ) in respect of section 71( f ), by the Presidential Elections Committee. [6/2017]


document_id: prea-1991
provision_ref: s74
chapter: PART 5 - APPLICATIONS FOR AVOIDANCE OF ELECTION
section: 74
title: Relief which may be claimed
content:
74. A person making an application under section 71 is entitled to claim in the application all or any of the following relief: ( a ) a declaration that the election is void; ( b ) a declaration that the return of the person elected was undue; ( c ) a declaration that any candidate was duly elected and ought to have been returned; ( d ) where the seat is claimed for an unsuccessful candidate on the ground that he or she had a majority of lawful votes, a scrutiny.


document_id: prea-1991
provision_ref: s75
chapter: PART 5 - APPLICATIONS FOR AVOIDANCE OF ELECTION
section: 75
title: Certificate of Election Judge as to validity of election
content:
75. —(1) At the conclusion of the hearing of an application under section 71, the Election Judge must determine whether the President whose return or election is complained of, or any other and what person, was duly returned or elected, or whether the election was void, and must certify such determination to the Prime Minister. (2) Upon a certificate being given under subsection (1), the determination of the Election Judge under that subsection is final; and the return must be confirmed or altered, or the Prime Minister must, by notice in the Gazette , order the holding of an election within 6 months of the determination.


document_id: prea-1991
provision_ref: s76
chapter: PART 5 - APPLICATIONS FOR AVOIDANCE OF ELECTION
section: 76
title: Report of Election Judge as to corrupt or illegal practice
content:
76. —(1) At the conclusion of the hearing of an application under section 71, the Election Judge must also report in writing to the Prime Minister — ( a ) whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, or by his or her agent, and the nature of the corrupt or illegal practice (if any); and ( b ) the names and descriptions of all persons (if any) who have been proved at the hearing to have been guilty of any corrupt or illegal practice. (2) Before any person, not being a party to an application under section 71 nor a candidate on behalf of whom the office of President is claimed by such an application, is reported by an Election Judge under this section, the Election Judge must give the person an opportunity of being heard and of giving and calling evidence to show why the person should not be so reported. (3) The Prime Minister must cause a copy of such report to be published in the Gazette .


document_id: prea-1991
provision_ref: s77
chapter: PART 5 - APPLICATIONS FOR AVOIDANCE OF ELECTION
section: 77
title: Time for making application
content:
77. —(1) Subject to subsections (2) and (3), every application under section 71 must be made within 21 days of the date of publication of the result of the election in the Gazette . (2) An application under section 71 questioning the return or the election upon the ground of a corrupt practice and specifically alleging a payment of money or other act to have been made or done since the date referred to in subsection (1) by the President whose election is questioned or by an agent of the President or with privity of the President or any of his or her election agents pursuant to or in furtherance of the corrupt practice may, so far as respects that corrupt practice, be made at any time within 28 days after the date of the payment or act. (3) An application under section 71 questioning the return or the election upon an allegation of an illegal practice may, so far as respects that illegal practice, be made within the following time: ( a ) at any time before the end of 14 days after the date of the publication in the Gazette of the notice required by section 57 as to the election expenses of the President whose election is questioned; ( aa ) at any time before the end of 21 days after the date of the publication of the result of the election in the Gazette , as to the declaration required by section 55A from the candidate whose election is questioned; [Act 28 of 2021 wef 07/07/2022] ( b ) if the application specifically alleges a payment of money or other act to have been made or done since that date by the President whose election is questioned or by an agent of the President or with the privity of the President or of any of his or her election agents pursuant to or in furtherance of the illegal practice alleged in the application, the application may be made at any time within 28 days after the date of the payment or other act. (4) An application under section 71 made in due time may, for the purpose of questioning the return or the election upon an allegation of a corrupt or illegal practice, be amended with the permission of an Election Judge within the time within which an application questioning the return or the election upon that ground may be made. [Act 25 of 2021 wef 01/04/2022] (5) For the purposes of this section, where there is an authorised excuse for failing to make and transmit the return and statements respecting election expenses or make and give the declaration required by section 55A, the date of the allowance of the excuse or, if there was a failure in 2 or more particulars and the excuse was allowed at different times, the date of the allowance of the last excuse must be substituted for the date of the publication in the Gazette of the notice mentioned in subsection (3)( a ) or the date of the publication of the results of the election in the Gazette mentioned in subsection (3)( aa ), as the case may be. [Act 28 of 2021 wef 07/07/2022]


document_id: prea-1991
provision_ref: s78
chapter: PART 5 - APPLICATIONS FOR AVOIDANCE OF ELECTION
section: 78
title: Prohibition of disclosure of vote
content:
78. An elector who has voted at any election must not, in any proceeding to question the election, be required to state for whom the elector has voted.


document_id: prea-1991
provision_ref: s79
chapter: PART 5 - APPLICATIONS FOR AVOIDANCE OF ELECTION
section: 79
title: Votes to be struck off at scrutiny
content:
79. —(1) On a scrutiny at the hearing of an application under section 71, only the following votes are to be struck off: ( a ) the vote of any person — (i) whose name was not on the register of electors assigned to the polling station at which the vote was recorded; (ii) who is not allotted under section 13A(3A)( a )(i) or ( ba )(i) of the Parliamentary Elections Act 1954 to the overseas polling station at which the vote was recorded or who is designated under section 13A(3A) of that Act as a postal voter for that election, in the case of a vote recorded at an overseas polling station; (iii) who is not allotted under section 18(1)( c ) to the ordinary polling station at which the vote was recorded; (iv) who is not allotted under section 30B(1) to the special polling station at which the vote was recorded, in the case of a vote recorded at a special polling station; or (v) who has not been authorised to vote at the ordinary polling station or special polling station under section 22(2); [Act 9 of 2023 wef 01/06/2023] ( b ) the vote of any person whose vote was procured by bribery, treating or undue influence; ( c ) the vote of any person who committed or procured the commission of personation at the election; ( d ) votes given for any disqualified candidate by a voter knowing that the candidate was disqualified or the facts causing the disqualification, or after sufficient public notice of the disqualification, or when the disqualification or the facts causing it were notorious. (2) The vote of a registered elector must not be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his or her name entered on the register of electors. (3) On a scrutiny, any tendered vote that is proved to be a valid vote must be added to the poll if any party to the application under section 71 applies for that vote to be so added.


document_id: prea-1991
provision_ref: s80
chapter: PART 5 - APPLICATIONS FOR AVOIDANCE OF ELECTION
section: 80
title: Rejection of ballot paper by Returning Officer not to be questioned
content:
80. On the making of an application under section 71, the decision of a Returning Officer whether or not a ballot paper must be rejected under section 33 must not be questioned.


document_id: prea-1991
provision_ref: s81
chapter: PART 6 - GENERAL
section: 81
title: Regulations
content:
81. The Minister may make regulations prescribing anything that is to be prescribed under the provisions of this Act and generally for the purposes of giving effect to the provisions of this Act.


document_id: prea-1991
provision_ref: s81A
chapter: PART 6 - GENERAL
section: 81A
title: Regulations relating to crisis management at election
content:
81A. —(1) Subject to this section, the Minister may make regulations to enable contingency arrangements to be put in place, should they be required, to enable a Returning Officer to conduct a safe, orderly, efficient and timely election and support the resilience of Singapore’s democracy, because of a disruptive event which — ( a ) has occurred or is likely to occur, before or during any stage of an election, in Singapore or in a country where there is established one or more overseas polling stations; and ( b ) prevents or seriously interrupts, or is likely to prevent or seriously interrupt, the conduct of the election according to the provisions of this Act. (2) Regulations made under subsection (1) may modify (so far as relevant) the application of any provision of this Act, or any regulations made under section 30C or 36F, to the conduct of nomination proceedings or a poll, or the counting at any counting place or principal counting place of votes cast, for an election because of a disruptive event. (3) Regulations made under subsection (1) may include providing for, or providing for the determination personally by the Returning Officer of — ( a ) a change in — (i) the hours of those nomination proceedings, or of the conduct of the poll or the counting of votes cast, for the election; or (ii) the address of a place of nomination, polling station, counting place or principal counting place; ( b ) any of the following in relation to those nomination proceedings: (i) a temporary suspension (not exceeding 2 hours); (ii) a postponement or an adjournment and postponement of the day of nomination to a date no later than one month after the date of the writ; ( c ) any of the following in relation to voting at the poll at one or more polling stations: (i) a temporary suspension (not exceeding 2 hours); (ii) an adjournment and postponement of voting at the poll to a date no later than the 56th day after the date of publication of the notice of contested election in the Gazette under section 16(5)( a ); (iii) abandoning the poll and restarting it on a date no later than the 56th day after the date of publication of the notice of contested election in the Gazette under section 16(5)( a ); (iv) ending voting early; ( d ) any of the following in relation to the counting at one or more counting places or a principal counting place of votes cast: (i) a temporary suspension (not exceeding 2 hours); (ii) an adjournment and postponement of counting of votes cast to a date no later than the 56th day after the date of publication of the notice of contested election in the Gazette under section 16(5)( a ); (iii) abandoning the counting and restarting voting at the poll and counting of votes cast no later than the 56th day after the date of publication of the notice of contested election in the Gazette under section 16(5)( a ); ( e ) abandoning the counting of votes cast at any polling station — (i) if any sealed ballot box containing votes cast at a polling station in the election is, because of a disruptive event, lost or destroyed at any time — (A) after the close of the poll at a polling station; and (B) before the ballot box could reach the counting place specified under this Act for the counting of the votes cast at the polling station; or (ii) for any other reason, but only if the number of votes likely to have been cast at the polling station will not affect the result of the election; ( f ) wholly abandoning the poll at an overseas polling station in a foreign country or a special polling station in a nursing home because voting in person thereat cannot start or be resumed or completed due to special circumstances in the foreign country or nursing home, as the case may be; ( g ) any alternate method of voting by electors at the poll except that any alternate method of voting must be such that an elector casting his or her vote using that method for an election — (i) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the person would be given if he or she were instead voting in person under sections 22 and 25; and (ii) is able to indicate his or her vote in a way that, if he or she were instead marking a ballot paper in person, would satisfy the requirements of section 25; ( h ) the giving of public notice of — (i) any change, suspension, adjournment and postponement, abandonment, new start or resumption mentioned in paragraph ( a ), ( b ), ( c ) or ( d ), as the case may be; (ii) any abandoning of voting or the counting of votes mentioned in paragraph ( e ) or ( f ); and (iii) any alternate method of voting mentioned in paragraph ( g ); and ( i ) the witnessing or attesting to any thing (but not voting) through the use of remote communication technology, such as by video conferencing, tele‑conferencing or other electronic means. (4) Regulations made under subsection (1) — ( a ) must not authorise any person to vote more than once at an election; ( b ) must provide for a record of every vote cast at a polling station but the vote record must not contain any means of identifying the person who cast the vote; ( c ) must make provision for, or in relation to, how this Act applies in relation to votes cast using an alternate method of voting; and ( d ) must be consistent with the principles laid down in any provision of this Act that is modified by those regulations. (5) Regulations made under subsection (1) may make different provisions in relation to different classes of voters affected differently by the same disruptive event occurring or about to occur at an election. (6) However, nothing in this section limits or affects, or authorises the making of regulations that limit or affect, the operation of section 7A. (7) In this section — “counting”, of votes cast at an election, includes recounting and adding votes cast at the election; “disruptive event” means — ( a ) riot or open violence; ( b ) the threat of riot or open violence; ( c ) a storm, flood, eruption, earthquake, landslip or an occurrence (natural or otherwise) of a similar kind; ( d ) a health hazard; ( e ) a fire or a poor air quality episode involving smoke, or the activation of fire safety equipment (such as sprinklers or alarms); ( f ) the releasing into the environment or any part of the environment or otherwise exposing the public to any toxic chemical or any dangerous, hazardous, radioactive or harmful substance; ( g ) an accident associated with the operation of an aircraft, vessel, train or public passenger transport motor vehicle where the aircraft, vessel, train or public passenger transport motor vehicle is destroyed or damaged, or missing or completely inaccessible; ( h ) an unplanned and prolonged outage of any telecommunication or electricity service, or an information and communications system, which is essential for the proper conduct of an election according to the provisions of this Act; and ( i ) anything else related — (i) to the safety of persons authorised to be present at a place of nomination, polling station, counting place or principal counting place; or (ii) to difficulties in the physical conduct of nomination proceedings, a poll, or the counting or recounting of votes at any counting place or principal counting place, for an election; “nomination proceedings” includes — ( a ) proceedings for the Returning Officer to receive nomination papers; ( b ) proceedings for the making of objections to any nomination paper; ( c ) proceedings where a candidate must make his or her deposit for the purposes of section 10, may correct errors in the nomination papers and may withdraw his or her candidature; and ( d ) proceedings by which a candidate may make his or her indication (regarding his or her name) to the Returning Officer under section 11(5). [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s81B
chapter: PART 6 - GENERAL
section: 81B
title: Presentation to Parliament, etc.
content:
81B. —(1) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette . (2) Where a writ of election has been issued under section 6 for an election, no regulations may be made under this Act until after the day of nomination or, if a poll is to be taken, until after polling day of that election. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s82
chapter: PART 6 - GENERAL
section: 82
title: Inaccurate description of persons and places
content:
82. —(1) No omission and no misnomer or inaccurate description of any person or place named or described in any register, notice or other document whatsoever prepared or issued under or for the purposes of this Act is to in any way affect the operation of this Act as respects that person or place if that person or place is so designated in such register, notice or document as to be identifiable. (2) Without limiting subsection (1), a nomination paper must not be rejected, and an objection must not be allowed, on account of — ( a ) any error or omission in a nomination paper in relation to the description of, or any particulars in respect of, the candidate or person seeking nomination, or his or her proposer or seconder or any of his or her assentors, if the particulars contained in the nomination paper are sufficient to identify the candidate or person seeking nomination, or his or her proposer, seconder or assentor, as the case may be; ( b ) any error or omission with regard to any place specified in a nomination paper, if such place is otherwise sufficiently identifiable from the particulars given in the nomination paper; or ( c ) any error or omission that is corrected before 12 noon on nomination day in accordance with section 11A. (3) In this section — ( a ) “error” includes any misnomer, misspelling, misprint, misplacement, mistake, inaccuracy, omission, and any clerical, technical or printing error, and any error of any other description or nature; and ( b ) “particulars” and “description” each includes anything stated or required to be stated in respect of any person or place in the nomination paper.


document_id: prea-1991
provision_ref: s83
chapter: PART 6 - GENERAL
section: 83
title: Publication of notices, etc.
content:
83. —(1) Where any notice is required by this Act to be published and, in the opinion of the authority who is required to publish the notice, the prescribed mode of publication does not give sufficient publicity to the notice, the authority may, in addition to publishing the notice as required by this Act, exhibit copies of the notice in conspicuous places or within the electoral division to which the notice relates or take such other steps as the authority may consider necessary for giving publicity thereto. (2) Every person who, without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited by any authority under subsection (1) or any document which is made available for inspection in accordance with this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (3) The offence under subsection (2) is an arrestable offence within the meaning of the Criminal Procedure Code 2010.


document_id: prea-1991
provision_ref: s83A
chapter: PART 6 - GENERAL
section: 83A
title: Offences by corporations
content:
83A. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. [6/2017] (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 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 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 the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. [6/2017] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. [6/2017] (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. [6/2017] (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. [6/2017] (6) 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 is 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. [6/2017]


document_id: prea-1991
provision_ref: s83B
chapter: PART 6 - GENERAL
section: 83B
title: Offences by unincorporated associations or partnerships
content:
83B. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. [6/2017] (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual 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 offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. [6/2017] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. [6/2017] (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. [6/2017] (5) To avoid doubt, subsection (2) also does not affect the liability of the unincorporated association or partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. [6/2017] (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [6/2017]


document_id: prea-1991
provision_ref: s84
chapter: PART 6 - GENERAL
section: 84
title: Composition of offences
content:
84. —(1) The Returning Officer, or any officer of the Elections Department who is authorised by the Returning 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 ) one half of the amount of the maximum fine that is prescribed for the offence; or ( b ) a sum not exceeding $500, whichever is the lower. [6/2017] (2) The Minister may make regulations to prescribe the offences that may be compounded. (3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid to the Consolidated Fund.


document_id: prea-1991
provision_ref: s85
chapter: PART 6 - GENERAL
section: 85
title: Service of documents
content:
85. —(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 or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner 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 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 last email address. (5) In addition, a document permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; ( b ) where by the exercise of reasonable diligence, the name of any individual or a body of persons to whom the document is to be served, or the business address, residential address or last email address of the individual or body, cannot be ascertained — by posting it on a website that is maintained by the Government and prescribed by the Minister by notification in the Gazette for this purpose; or ( c ) by any other method authorised by the regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way. (6) Service of a document 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; ( 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); or ( d ) if the document is posted on a website mentioned in subsection (5)( b ) — at the beginning of the day after the date on which that provision has been complied with. (7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent (express or implied) to service in that way. (8) This section does not apply to documents to be served in proceedings in court. (9) In this section — “Act” includes any subsidiary legislation made under this Act; “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “document” includes a notice permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 9 of 2023 wef 01/06/2023]


document_id: psa-1999
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “addressee”, in relation to a postal article, means the person to whom the communication is addressed; “code of practice” means a code of practice issued or approved under section 23M or 24; “common property” and “limited common property” have the meanings given by section 2(1) of the Building Maintenance and Strata Management Act 2004; “correspondent”, in relation to a postal article, means the sender or person to whom it is addressed; “delivery service provider”, in relation to an article or a thing mentioned in paragraph ( a ) of the definition of “parcel”, means a person that — ( a ) conveys any such article or thing from any place to a public parcel locker or vice versa; and ( b ) performs all incidental services of collecting, sorting, sending, despatching and placing in or collecting from a public parcel locker any such article or thing; “direct mail” means a letter consisting solely of advertising, marketing or publicity material and comprising an identical message (except for the addressee’s name, address and identifying number and other modifications which do not alter the nature of the message) which is sent to more than one addressee, to be conveyed and delivered at the address indicated by the sender on the letter itself or on its wrapping; “equipment” — ( a ) in relation to a public parcel locker — includes any appliance, apparatus or accessory used or intended to be used with the public parcel locker; or ( b ) in any other case — includes any appliance, apparatus or accessory used or intended to be used for postal purposes; “Housing and Development Board” means the Housing and Development Board established by section 3 of the Housing and Development Act 1959; “installation or plant used for posts” includes all buildings, lands, structures, machinery, equipment, boxes and receptacles used or intended for use in connection with the transmission of postal articles by post; “letter box” means any box or receptacle which the owner or occupier of any premises has provided or agreed to be used for the receipt of postal articles addressed to those premises; “mail bag” means any form of container or covering in which postal articles in the course of transmission by post are enclosed by a postal licensee in Singapore or a foreign postal administration for the purpose of conveyance by post, whether or not it contains any such articles; “parcel” means — ( a ) an article or a thing that is placed in a parcel locker for collection by an intended recipient, a person authorised by the intended recipient or a delivery service provider, as the case may be; or ( b ) a postal article which is posted at a post office in Singapore as a parcel in accordance with the provisions of this Act or is received at a post office in Singapore by parcel post; “parcel locker” means a box or receptacle that is provided or used for the receipt of parcels addressed to any person, but does not include a letter box or a posting box; “post” means any system for the collection, despatch, conveyance, sorting, handling and delivery of postal articles by or through a postal licensee; “post office” includes any building, house, room, vehicle or place used for the provision of any postal services; “postage” means the fee chargeable for the transmission by post of postal articles; “postage stamp” means any label or stamp for denoting any postage or other sum payable in respect of a postal article, and includes any adhesive postage stamp or stamp printed, impressed or otherwise indicated on a postal article, whether the postage stamp is issued under this Act or by the government of any other country; “postal article” means any article or thing transmissible by post but does not include any article or thing that the Postal Authority may prescribe to be not transmissible by post; “Postal Authority” means the person appointed under section 3 to be responsible for the administration of this Act; “postal licensee” means a person to whom a licence has been granted under section 6; “postal service” means any service for the conveyance of postal articles from one place to another by post, and includes the incidental services of receiving, collecting, sorting, sending, despatching and delivering any postal articles and any other services which relates to any of those services and is provided in conjunction with any of them; “posting box” includes any pillar box, wall box or other box or receptacle provided by or under the authority of a postal licensee for the purpose of receiving postal articles for transmission by post; “public parcel locker” means a parcel locker mentioned in section 23B( a ); “public parcel locker network” has the meaning given by section 23B; “public parcel locker network operator” means a person appointed by the Postal Authority under section 23C(1); “public postal licensee” means a person designated by the Postal Authority under section 7; “public postal licensee’s installation or plant” means any installation or plant used for posts belonging to or used by a public postal licensee; “related installation”, in relation to a public parcel locker, includes any structure, equipment or cable used or intended for use with the public parcel locker; “related software”, in relation to a public parcel locker or a public parcel locker network, means any software used or intended to be used to operate the public parcel locker or public parcel locker network; “repealed Act” means the Telecommunication Authority of Singapore Act (Cap. 323, 1993 Revised Edition) repealed by the Info‑communications Development Authority of Singapore Act (Cap. 137A, 2000 Revised Edition); “sender”, in relation to a postal article, means a person whose communication it originates from; “standard of performance” means a standard of performance issued or approved under section 24; “TAS” means the Telecommunication Authority of Singapore reconstituted under the repealed Act; “Town Council” means a Town Council established by section 4 of the Town Councils Act 1988; “vessel” includes any ship, boat, air-cushioned vehicle or floating rig or platform used in any form of operations at sea or any other description of vessel. [34/2007; 10/2021] (2) In this Act, unless the context otherwise requires, “letter” means any communication in written form on any kind of physical medium (not exceeding 500 grams in weight) to be conveyed and delivered (otherwise than electronically) to a particular addressee or address indicated by the sender on the letter itself or on its wrapping, and includes a postal article containing such communication, but does not include any book, catalogue, newspaper or periodical. [34/2007; 10/2021] (3) For the purposes of subsection (2), any reference to communication to be conveyed or delivered otherwise than electronically is a reference to a communication to be conveyed or delivered otherwise than — ( a ) by means of a telecommunication system within the meaning of the Telecommunications Act 1999; or ( b ) by any other means but while in electronic form. [34/2007] (4) For the purposes of this Act — ( a ) the deposit of a postal article into any posting box of a postal licensee, or its delivery to any employee of a postal licensee or any agent authorised by the postal licensee to receive postal articles of that description on its behalf, is a delivery to the postal licensee; ( b ) the delivery of a postal article — (i) by leaving it at the premises to which it is addressed or redirected, unless the premises are a post office from which the postal article is to be collected; (ii) by depositing it into the letter box of the premises to which it is addressed or redirected; or (iii) to the addressee’s agent or to any other person considered to be authorised to receive the postal article, is a delivery to the addressee; and ( c ) a postal article is regarded to be in the course of transmission by post from the time of its being delivered to a postal licensee to the time of it being delivered to the addressee, or it being returned to the sender or otherwise disposed of under this Act. [34/2007]


document_id: psa-1999
provision_ref: s3
chapter: PART 1A - POSTAL AUTHORITY
section: 3
title: Postal Authority
content:
3. —(1) The Info-communications Media Development Authority, established by section 3 of the Info‑communications Media Development Authority Act 2016, is appointed as the Postal Authority. [22/2016] (2) The Postal Authority is responsible for the administration of this Act. [22/2016]


document_id: psa-1999
provision_ref: s3A
chapter: PART 1A - POSTAL AUTHORITY
section: 3A
title: Functions and duties of Postal Authority
content:
3A. —(1) It is the function and duty of the Postal Authority — ( a ) to promote the efficiency and international competitiveness of the postal industry in Singapore; ( b ) to ensure that postal services are reasonably accessible to all people in Singapore, and are supplied as efficiently and economically as practicable and at performance standards that reasonably meet the social, industrial and commercial needs of Singapore; ( c ) to promote the development of postal systems and postal services in accordance with, as far as practicable, recognised international standard practice; ( d ) to promote and maintain fair and efficient market conduct between persons engaged in commercial activities connected with the operation and provision of postal systems and postal services for the conveyance of letters in Singapore; ( e ) to promote the effective participation of all sectors of the Singapore postal industry in markets, whether in Singapore or elsewhere; ( f ) to exercise licensing and regulatory functions in respect of postal systems and postal services in Singapore; ( g ) to exercise regulatory functions in respect of the determination and approval of prices, tariffs, charges and the provision of postal services and other related services; ( h ) to act internationally as the national body representative of Singapore in respect of postal matters; ( i ) to advise the Government on national needs and policies in respect of all postal matters and on matters pertaining to the Postal Authority generally; and ( j ) to further the advancement of technology relating to postal systems and postal services. [34/2007] (2) In discharging the functions and duties imposed on it by subsection (1), the Postal Authority is to have regard — ( a ) to efficiency and economy; ( b ) to the social, industrial and commercial needs of Singapore for postal services; ( c ) to the state of and trends in the development of postal systems and postal services and the evolution of standards and protocols used in the postal industry, both in Singapore and elsewhere; ( d ) to fostering the development and expansion of postal services in the world in collaboration with foreign postal administrations, other countries and international organisations; ( e ) to maintaining fair competition between persons engaged in the provision of postal systems and postal services for the conveyance of letters; ( f ) to enabling persons providing postal systems and postal services in Singapore to compete fairly in the provision of such systems and services outside Singapore; ( g ) to the provision of postal services at rates consistent with efficient service; ( h ) to the promotion of research and development in the field of postal systems and postal services; and ( i ) to collaboration with educational institutions for the promotion of technical education in the field of postal systems and postal services. [34/2007] (3) Additionally, it is the function and duty of the Postal Authority — ( a ) to promote the efficiency and ensure the security and reliability of the public parcel locker network; ( b ) to ensure that public parcel lockers are reasonably accessible to all people in Singapore, and are supplied as efficiently and economically as practicable and at performance standards that reasonably meet the social, industrial and commercial needs of Singapore; ( c ) to exercise regulatory functions in respect of the public parcel locker network in Singapore; and ( d ) to exercise regulatory functions in respect of the determination and approval of prices, tariffs and charges in relation to, and the provision of, public parcel lockers. [10/2021] (4) In discharging the functions and duties imposed on the Postal Authority by subsection (3), the Postal Authority is to have regard to the following matters: ( a ) efficiency and economy; ( b ) the social, industrial and commercial needs of Singapore for public parcel lockers; ( c ) the provision of public parcel lockers at rates consistent with efficient service. [10/2021] (5) The Postal Authority may undertake such other functions as the Minister may from time to time, by notification in the Gazette , assign to the Postal Authority, and in so doing, the Postal Authority is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Postal Authority in respect of those functions. [34/2007] (6) Nothing in this section — ( a ) imposes on the Postal Authority, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject; ( b ) precludes the Postal Authority from interrupting, suspending or restricting any postal services provided by the Postal Authority; ( c ) precludes the Postal Authority from interrupting, suspending or restricting the installation or operation of any public parcel locker provided by the Postal Authority or a public parcel locker network operator; and ( d ) precludes the Postal Authority from ensuring the provision of any special service for any person or section of the public where the special service is required. [34/2007; 10/2021]


document_id: psa-1999
provision_ref: s3B
chapter: PART 1A - POSTAL AUTHORITY
section: 3B
title: Powers of Postal Authority
content:
3B. —(1) Subject to the provisions of this Act, the Postal Authority may carry on any activities that appear to it to be advantageous, necessary or expedient for it to carry on for or in connection with the discharge of its functions and duties under this Act, and in particular, the Postal Authority may exercise any of the powers specified in the Schedule. [34/2007] (2) This section does not limit any power of the Postal Authority conferred by or under any other written law. [34/2007]


document_id: psa-1999
provision_ref: s4
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC.,
section: 4
title: Exclusive privilege with respect to conveyance, etc., of letters
content:
4. —(1) As from 1 December 1999 and subject to this Act, the Postal Authority has the exclusive privilege of conveying from one place to another letters and performing all incidental services of receiving, collecting, sorting, sending, despatching and delivering letters. [34/2007] (2) Subject to the provisions of this Act, a person must not convey within Singapore any letter from one place to another (whether the place is within or outside Singapore), or perform any incidental services of receiving, collecting, sorting, sending, despatching and delivering letters, unless the person — ( a ) is the Postal Authority; ( b ) holds a postal licence authorising the person to do so; or ( c ) is acting as an employee or agent of the Postal Authority, or of a person who is authorised under a postal licence to do so. [34/2007]


document_id: psa-1999
provision_ref: s5
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC.,
section: 5
title: Exceptions to section 4
content:
5. —(1) The privilege conferred by section 4 is not infringed by — ( a ) letters not exceeding 3 in number sent by a person for delivery by the person to another without hire, reward or other profit for receiving, carrying or delivering the letters; ( b ) any letter solely concerning the affairs of either correspondent by an employee of either correspondent; ( c ) the conveyance of any letter solely concerning any goods or other property which is to be delivered with the letter, without hire, reward or other profit for receiving, carrying or delivering the letter, if the letter is open to inspection and has thereon the words “Consignee’s letter” or other words to the same effect; ( d ) the conveyance from one place to another of — (i) any letter by direct mail; (ii) any letter by the sender personally; or (iii) any document in respect of which a method of service other than post is required or authorised by written law; and ( e ) the conveyance of any letter by — (i) intra‑organisational mailroom service; or (ii) messenger service. [34/2007; 10/2021] (2) The Minister may, after consulting the Postal Authority, by order in the Gazette , delete, vary or add to the exceptions in subsection (1). [34/2007] (3) In subsection (1)( e ) — “intra‑organisational mailroom service” means a service comprising both of the following: ( a ) the conveyance, between 2 or more premises occupied by an organisation, of any letter addressed to the organisation or an officer or employee of the organisation; ( b ) the receiving, collecting and sorting, and the sending, despatching and delivery to the organisation or an officer or employee of the organisation, of a letter mentioned in paragraph ( a ); “messenger service” means a service comprising both of the following: ( a ) the receiving, collecting and sorting of any letter originating from an organisation or an officer or employee of an organisation (whether the organisation occupies one or more premises) and that is intended for delivery to an addressee who is not another officer or employee of the organisation; ( b ) the sending and despatching of a letter mentioned in paragraph ( a ) to a postal licensee for delivery to the addressee. [10/2021]


document_id: psa-1999
provision_ref: s6
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC.,
section: 6
title: Power to license conveyance of letters, etc.
content:
6. —(1) The Postal Authority may, with the consent of or in accordance with the terms of any general authority given by the Minister, grant a licence (called in this Act a postal licence) to any person or class of persons authorising the person or class of persons to do anything — ( a ) which would otherwise contravene section 4; and ( b ) which is specified in the licence, and any such postal licence may be granted without conditions or subject to any conditions that the Postal Authority thinks fit. [34/2007] (2) A licence granted under subsection (1) may be granted either to any person, class of persons or a particular person and may include (without affecting the power to impose conditions conferred by that subsection) conditions requiring the licensee — ( a ) to enter into agreements or arrangements with any person, class of persons or another postal licensee for — (i) the interconnection of, and access to, postal systems; (ii) the sharing of installation or plant used for posts belonging to any postal licensee; and (iii) any other purpose specified in the licence, on any terms and conditions that may be agreed to by the licensee and the other persons or licensees or, in default of agreement, as may be determined by the Postal Authority; ( b ) to pay to the Postal Authority a fee on the grant of the licence or to pay to the Postal Authority periodic fees during the currency of the licence or both, of such amount as may be determined by or under the licence; ( c ) to comply with any direction given by the Postal Authority as to any matters that are specified in the licence or are of a description so specified; ( d ) to comply with codes of practice and standards of performance that are applicable to the licensee; and ( e ) to do or not to do such things as are specified in the licence or are of a description so specified. (3) Any payment required by subsection (2) to be rendered to the Postal Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt. (4) No person may question whether the grant of a licence under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection must not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister. (5) The grant of licences under this section is at the discretion of the Postal Authority. (6) Anything done under and in accordance with a licence granted under subsection (1) does not constitute an infringement of the privilege conferred by section 4.


document_id: psa-1999
provision_ref: s7
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC.,
section: 7
title: Designation of public postal licensees
content:
7. The Postal Authority may, with the approval of the Minister, designate any postal licensee as a public postal licensee to perform all or any of the functions relating to the provision of postal services within the exclusive privilege of the Postal Authority under this Act.


document_id: psa-1999
provision_ref: s7A
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC.,
section: 7A
title: Additional licence conditions for public postal licensees
content:
7A. —(1) The conditions of a licence granted under section 6 to a public postal licensee may include conditions requiring the public postal licensee to enter into agreements or arrangements with any applicable person or class of applicable persons under which the public postal licensee delivers applicable postal articles to letter boxes on the terms and conditions that the public postal licensee and the applicable person agree to or, in default of agreement, that the Postal Authority may determine. [10/2021] (2) In subsection (1) — “applicable person” includes another postal licensee; “applicable postal article” means a postal article (other than a letter) that is sent and despatched by an applicable person to a public postal licensee for delivery to a letter box. [10/2021]


document_id: psa-1999
provision_ref: s8
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC.,
section: 8
title: Modification of licence conditions
content:
8. —(1) Subject to this section, the Postal Authority may modify the conditions of a licence granted under section 6. (2) Before making modifications to the conditions of a licence of a postal licensee under this section, the Postal Authority must give notice to the licensee — ( a ) stating that it proposes to make the modifications in the manner specified in the notice; ( b ) stating the compensation payable for any damage caused by the modifications proposed, where the postal licensee is a public postal licensee; and ( c ) specifying the time (not being less than 28 days from the date of service of notice on such licensee) within which written representations with respect to the proposed modifications may be made. [34/2007] (3) Upon receipt of any written representation mentioned in subsection (2), the Postal Authority must consider the representation and may — ( a ) reject the representation; or ( b ) amend the proposed modifications or compensation payable in accordance with the representation, or otherwise, and, in either event, the Postal Authority must then issue a direction in writing to the licensee requiring that effect be given to the proposed modifications specified in the notice or to such modifications as subsequently amended by the Postal Authority within a reasonable time. (4) The Postal Authority must not enforce its direction — ( a ) during the period mentioned in section 56; and ( b ) while the appeal of the postal licensee is under consideration by the Minister. [34/2007] (5) If no written representation is received by the Postal Authority within the time specified in subsection (2) or if any written representation made under subsection (2) is subsequently withdrawn, the Postal Authority may forthwith carry out the modifications as specified in the notice given under subsection (2).


document_id: psa-1999
provision_ref: s9
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC.,
section: 9
title: Suspension or cancellation of licence, etc.
content:
9. —(1) If the Postal Authority is satisfied that a person who is granted a licence under section 6 or any regulations made under this Act is contravening, or has contravened, whether by act or omission — ( a ) any of the conditions of the licence; ( b ) any provision of any code of practice or standard of performance; ( c ) any direction of the Postal Authority given under section 25, 26D or 26F(2); or ( d ) section 26B, the Authority may, by written notice, do either or both of the following: ( e ) issue such written order to the person as it considers requisite for the purpose of securing compliance thereof; ( f ) require the payment, within a specified period, of a financial penalty of such amount not exceeding $1 million as it thinks fit. [34/2007] (2) Where the Postal Authority is satisfied that — ( a ) the person who is granted a postal licence is again likely to contravene, whether by act or omission, any condition, provision, direction or section mentioned in subsection (1); ( b ) the person who is granted a postal licence has gone into liquidation other than for the purpose of amalgamation or reconstruction; ( c ) the person who is granted a postal licence is no longer in a position to comply with the provisions of this Act or the terms or conditions of the person’s licence; or ( d ) the public interest so requires, the Postal Authority may, in lieu of an order or a financial penalty under subsection (1)( e ) or ( f ) or both, by written notice and without any compensation, do all or any of the following: ( e ) cancel the licence or part thereof; ( f ) suspend the licence or part thereof for such period as it thinks fit; ( g ) reduce the period for which the licence is to be in force. [34/2007] (3) An order under subsection (1)( e ) — ( a ) must require the person concerned (according to the circumstances of the case) to do, or not to do, any things that are specified in the order or are of a description so specified therein; ( b ) takes effect at such time, being the earliest practicable time, as is determined by or under that order; and ( c ) may be revoked at any time by the Postal Authority. [34/2007] (4) A person who fails to comply with any order under subsection (1)( e ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both. [34/2007] (5) In any proceedings brought against a person for an offence under subsection (4), it is a defence for the person to prove that the person took all reasonable steps and exercised all due diligence to avoid contravening the order. (6) A financial penalty payable by a person by virtue of subsection (1) is recoverable by the Postal Authority as a debt due to the Postal Authority from that person; and the person’s liability to pay is not affected by the person’s licence ceasing (for any reason) to be in force.


document_id: psa-1999
provision_ref: s10
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC.,
section: 10
title: Residual power of Postal Authority to provide postal services
content:
10. —(1) The Postal Authority may provide any postal service even though it has granted a licence to any person under section 6 in any of the following circumstances: ( a ) if the Postal Authority is of the opinion that a person licensed under section 6 has failed to discharge or is not discharging to the Postal Authority’s satisfaction the obligations imposed by the Postal Authority on that person in the licence; ( b ) to give effect to any direction of the Minister under section 45. (2) Where the Postal Authority undertakes the provision of postal services under subsection (1), sections 2, 10, 10A, 11, 12, 13, 18 to 21, 23, 27 to 34, 36 to 38, 40 to 44, 57 and 58 apply, with the necessary modifications, to the Postal Authority in respect of the provision of such services and the references to public postal licensees or postal licensees in those sections are then references to the Postal Authority. [34/2007]


document_id: psa-1999
provision_ref: s10A
chapter: PART 2 - EXCLUSIVE PRIVILEGE AND LICENSING, ETC.,
section: 10A
title: Charges and other terms for services provided by Postal Authority
content:
10A. —(1) The Postal Authority may make, in relation to any service provided by the Postal Authority under this Act, a scheme or schemes for determining either or both of the following: ( a ) the charges which, except insofar as they are the subject of an agreement between the Postal Authority and a person availing himself, herself or itself of the service, are to be made by the Postal Authority; ( b ) the other terms and conditions which, except as provided, are to be applicable to the service. [34/2007] (2) A scheme made under this section may make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme. [34/2007] (3) A charge exigible by virtue of this section may be recovered by the Postal Authority in any court of competent jurisdiction as if it were a simple contract debt. [34/2007] (4) A scheme or any amendment thereof made under this section comes into operation on a date that the Postal Authority determines. [34/2007] (5) Nothing in this section is to be construed as prohibiting the Postal Authority from levying any charge or collecting any dues for anything done or any service rendered by reason only of not being incorporated in a scheme and the rates, charges and fees payable to the Postal Authority for any service rendered must be in accordance with such rates, charges and fees as may, from time to time, be determined by the Postal Authority. [34/2007]


document_id: psa-1999
provision_ref: s11
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 11
title: Postal remittance of money
content:
11. —(1) A public postal licensee may provide for the remittance of any sum of money through the post or any electronic or other system established by or among foreign postal administrations and postal licensees, if the public postal licensee is authorised by its licence to do so. [34/2007; 10/2021] (2) A public postal licensee mentioned in subsection (1) may specify the documents to be used in connection with the remittances under subsection (1). [34/2007; 10/2021]


document_id: psa-1999
provision_ref: s12
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 12
title: Documents to be deemed valuable securities
content:
12. Any document specified by a public postal licensee mentioned in section 11(1) to be used for the remittance of money through the licensee is deemed to be a valuable security within the meaning of the Penal Code 1871. [10/2021]


document_id: psa-1999
provision_ref: s13
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 13
title: Examination of postal articles
content:
13. All postal articles received from outside Singapore may be examined while in the custody of a postal licensee by the Director‑General of Customs or any senior officer of customs, and may be opened by an employee of the licensee in the presence of the Director‑General of Customs or the senior officer of customs for the purpose of the examination. [4/2003; 34/2007]


document_id: psa-1999
provision_ref: s14
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 14
title: Forfeiture of postal articles
content:
14. Any postal article found upon any examination under section 13 to contain any dutiable goods, that postal article not having affixed thereto a true declaration of those goods, is liable to forfeiture by order of the Director‑General of Customs. [4/2003]


document_id: psa-1999
provision_ref: s15
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 15
title: Presumption as to importer
content:
15. The addressee of any postal article containing any dutiable goods is presumed until the contrary is proved to have imported the same.


document_id: psa-1999
provision_ref: s16
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 16
title: Letter boxes
content:
16. —(1) The Postal Authority may, from time to time, do all or any of the following: ( a ) issue or approve the specifications relating to the number, place, dimensions and other characteristics of letter boxes; ( b ) approve the installation and use of any other mail delivery systems or arrangements; ( c ) amend or revoke any specifications issued or approved under paragraph ( a ) or any approval under paragraph ( b ). [34/2007] (2) Where any specifications are issued or approved, or amended or revoked by the Postal Authority under subsection (1), the Postal Authority must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) of the specifications in any manner as will secure adequate publicity for the issue, approval, amendment or revocation; ( b ) specify in the notice mentioned in paragraph ( a ) the date of issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the specifications remain in force, the specifications, and all amendments to those specifications, are available for inspection by members of the public. [34/2007] (3) A developer of any residential building or commercial or industrial building must — ( a ) provide one letter box for each lot within any residential building or commercial or industrial building; ( b ) ensure that the letter boxes provided under paragraph ( a ) are numbered in numerical sequence; and ( c ) comply with all specifications issued, approved or amended by the Postal Authority under subsection (1). [34/2007; 10/2021] (4) Any developer who contravenes subsection (3) shall be guilty of an offence. [34/2007] (5) Where letter boxes are provided under subsection (3) for a residential building, or a commercial or industrial building, that is a subdivided building, the applicable person for the building must — ( a ) ensure that one letter box (whether provided under subsection (3) or under this subsection) continues to be provided for each lot within the building; ( b ) where any lot within the building is further subdivided into 2 or more lots, provide one letter box for each new lot; ( c ) ensure that the letter boxes — (i) are numbered, or continue to be numbered, in numerical sequence; and (ii) are at all times kept in a state of good and serviceable repair; ( d ) repair or replace without unreasonable delay any letter box which is damaged or otherwise unusable; and ( e ) comply with all specifications issued, approved or amended by the Postal Authority under subsection (1). [10/2021] (6) The applicable person for a building mentioned in subsection (5) may recover the costs reasonably incurred for providing a letter box for a new lot within the building under subsection (5)( b ) from the subsidiary proprietor of the new lot or the person who is registered under the Land Titles Act 1993 as the proprietor of the fee simple, estate in perpetuity or leasehold estate of the new lot if — ( a ) the building is premises comprised in a strata title plan under the Land Titles (Strata) Act 1967; and ( b ) the letter box provided is not common property or limited common property of the building. [10/2021] (7) In the case of a residential building, or a commercial or industrial building, that is not a subdivided building, the person who is registered under the Land Titles Act 1993 as the proprietor of the fee simple, estate in perpetuity or leasehold estate of the building must — ( a ) ensure that the letter box provided for the building under subsection (3) is at all times kept in a state of good and serviceable repair; ( b ) where the letter box is damaged or otherwise unusable, repair or replace the letter box without unreasonable delay; and ( c ) comply with all specifications issued, approved or amended by the Postal Authority under subsection (1). [10/2021] (8) A person who contravenes subsection (5) or (7) shall be guilty of an offence. [10/2021] (9) It is the duty of — ( a ) the owner of any common property or limited common property (as the case may be) on which a letter box is situated, being a letter box which is provided for persons occupying the building or part thereof; and ( b ) the owner of a building where a letter box is provided for the owner or occupier of the building, to keep at all times the lawful access to the letter box clear from any obstruction by any vehicle, debris, box or object or any other thing which would prevent or impede the delivery of postal articles to that letter box by a postal licensee. [34/2007] (10) Where, in the opinion of the Postal Authority, the lawful access to any letter box mentioned in subsection (9) is not clear from any obstructions mentioned in that subsection, the Postal Authority may, by written notice, require the owner of the common property or limited common property, or the owner or occupier of the building mentioned in subsection (9)( b ) (as the case may be) to undertake, within the time specified in that notice, any work or rectification steps to ensure that subsection (9) is complied with. [34/2007] (11) If any person on whom a notice under subsection (10) is served, without reasonable excuse, fails to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $25 for every day or part of a day during which the offence continues after conviction. [34/2007] (12) To avoid doubt, subsections (9), (10) and (11) do not apply with respect to any sealing or locking of the aperture of a letter box by the person for whom the letter box is provided, or any closure or locking of any normal access to the letter box by or under lawful authority. [34/2007] (13) In this section — “applicable person”, for a residential building, or a commercial or industrial building, means — ( a ) in relation to a building that is premises comprised in a strata title plan under the Land Titles (Strata) Act 1967 — (i) where the letter boxes are common property of the building — the management corporation having control of that common property; (ii) where the letter boxes are limited common property of the building — the subsidiary management corporation established by the Building Maintenance and Strata Management Act 2004 having control of that limited common property; or (iii) where the letter boxes are not common property or limited common property of the building — the management corporation having control of the common property of the building; ( b ) in relation to a building in a housing estate of the Housing and Development Board (called an HDB housing estate) — (i) where the building’s common property is in an HDB housing estate that is controlled, managed and maintained by a Town Council — that Town Council; or (ii) where the building’s common property is in an HDB housing estate that is not controlled, managed and maintained by a Town Council — the Housing and Development Board; or ( c ) in relation to a building that is a subdivided building other than a subdivided building mentioned in paragraph ( a ) or ( b ), every person who is registered under the Land Titles Act 1993 as the proprietor of the fee simple, estate in perpetuity or leasehold estate of a lot in that building; “commercial or industrial building” includes any shopping complex; “lot” means any stratum that satisfies all of the following requirements: ( a ) the stratum — (i) is within a parcel of any land, building and common property comprised or to be comprised in a strata title plan and is shown as a lot on the strata title plan, including a lot specified as an accessory lot on any such plan; or (ii) is within any land or building not comprised or not to be comprised in a strata title plan; ( b ) the stratum is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; ( c ) a number has been allotted to the stratum by the Comptroller of Property Tax under section 51(1) of the Property Tax Act 1960; “owner” and “stratum” have the meanings given by section 2(1) of the Building Maintenance and Strata Management Act 2004; “subdivided building” has the meaning given by section 3(1) of the Land Titles (Strata) Act 1967. [34/2007; 10/2021]


document_id: psa-1999
provision_ref: s17
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 17
title: Administrative exemption from section 16
content:
17. —(1) The Postal Authority may, where the Postal Authority is satisfied that all of the matters in subsection (2) apply, exempt — ( a ) a particular developer of a particular residential building or a particular commercial or industrial building from the application of section 16(3)( a ); or ( b ) a particular applicable person for a particular residential building or a particular commercial or industrial building from the application of section 16(5)( a ) or ( b ). [10/2021] (2) The matters mentioned in subsection (1) are the following: ( a ) that either of the following applies: (i) there is no suitable location in the particular residential building or the particular commercial or industrial building for letter boxes to be provided; (ii) having regard to the use or intended use of the particular residential building or the particular commercial or industrial building, there is no need for letter boxes to be provided; ( b ) appropriate alternative arrangements have been or will be made by the particular developer or particular applicable person for the receipt of postal articles. [10/2021] (3) An exemption under this section — ( a ) must be in writing and given to the particular developer or particular applicable person, as the case may be; and ( b ) need not be published in the Gazette . [10/2021] (4) In this section, “applicable person” has the meaning given by section 16(13). [10/2021]


document_id: psa-1999
provision_ref: s18
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 18
title: Posting boxes and postal label vending machines
content:
18. A postal licensee may, with the approval of the Postal Authority, erect, relocate and remove any posting box and postal label vending machine in any public road, street or highway, or in any other public place. [34/2007]


document_id: psa-1999
provision_ref: s19
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 19
title: Postage stamps
content:
19. —(1) A person (other than the Postal Authority or a specified public postal licensee) must not provide or cause to be provided postage stamps that bear the word “Singapore” in any language. [10/2021] (2) Any person who contravenes subsection (1) shall be guilty of an offence. [34/2007] (3) Any postage stamp provided under subsection (1) may be of such kind and may denote such values as the Postal Authority or specified public postal licensee may determine. [34/2007; 10/2021] (4) Any postage stamp provided under this section must be used for the prepayment of any postage or other sum chargeable under this Act in respect of any postal article to be conveyed and delivered by or through the Postal Authority or the specified public postal licensee, except where the Postal Authority or specified public postal licensee determines that prepayment may be made in some other manner. [34/2007; 10/2021] (5) The design of every postage stamp provided by a specified public postal licensee under this section must be approved by the Postal Authority. [34/2007; 10/2021] (6) All philatelic archival materials produced by a specified public postal licensee belong to the Government, and all philatelic archival materials must be kept in such custody as the Government directs. [34/2007; 10/2021] (7) In subsection (6), “philatelic archival materials” includes — ( a ) philatelic stamps; ( b ) artworks, proofs, progressive sheets, printed sheets and printing plates of philatelic stamps; and ( c ) date stamps, slogan dies and other artifacts used in connection with the production of philatelic stamps. [34/2007] (8) The Minister may, after consulting the Postal Authority, by order in the Gazette , delete, vary or add to the items of “philatelic archival materials” specified in subsection (7). [34/2007] (9) In this section, “specified public postal licensee” means a public postal licensee that is authorised by the licence granted under section 6 to provide postage stamps that bear the word “Singapore” in any language. [10/2021]


document_id: psa-1999
provision_ref: s20
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 20
title: Official marks to be prima facie evidence of certain facts denoted
content:
20. In any proceedings for the recovery of any postage or other fee or sum payable in respect of a postal article — ( a ) the production of a postal article having thereon the official mark of a public postal licensee denoting that the article has been refused or that the addressee is dead or cannot be found is prima facie evidence of the fact so denoted; and ( b ) the person from whom any postal article purports to come is, until the contrary is proved, deemed to be the sender thereof.


document_id: psa-1999
provision_ref: s21
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 21
title: Recovery of postage and other sums due in respect of postal articles
content:
21. —(1) Where any postage or other fee or sum is not prepaid or fully prepaid in respect of a postal article posted for delivery in Singapore, a public postal licensee is entitled to be paid, as a condition of delivery, any fee, in addition to the amount of the postage or of the deficient postage payable in respect of the delivery of the article, that is payable in accordance with a determination made by a Postal Authority. (2) The official mark or label on a postal article denoting that any postage or other fee or sum is due in respect thereof to a public postal licensee or to the postal authority of any foreign country is prima facie evidence that the postage or other fee or sum denoted is so due. 22. [ Repealed by Act 34 of 2007 ]


document_id: psa-1999
provision_ref: s23
chapter: PART 3 - POSTAL SERVICES AND SYSTEMS
section: 23
title: Power to deal with postal articles sent in contravention of this Act
content:
23. —(1) Any postal article sent by post which is suspected to be sent in contravention of this Act or any regulations made under this Act may be detained and opened by a public postal licensee or otherwise dealt with in accordance with the directions of the Postal Authority. [34/2007] (2) The detention of a postal article under subsection (1) does not exempt the sender from any proceedings which might have been taken if the postal article had been delivered in due course of post. (3) Any postal article sent in contravention of this Act or any regulations made under this Act must be destroyed, returned to the sender or dealt with in any other manner that the Postal Authority may direct. [34/2007] (4) The Postal Authority may, by written order, direct a postal licensee to detain and open all or any postal articles sent by any person or persons named in the order who are reasonably suspected of sending postal articles by post in contravention of this Act. [34/2007] (5) Upon receipt of an order under subsection (4), a postal licensee must detain and open the postal article or articles specified in the order, and any postal article found to have been sent in contravention of this Act must be dealt with in accordance with subsection (3). [34/2007]


document_id: psa-1999
provision_ref: s23A
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23A
title: Interpretation of this Part
content:
23A. In this Part, unless the context otherwise requires — “authorised person”, for any provision of this Part, means a person authorised by the public parcel locker network operator for the purposes of that provision; “owner” — ( a ) in relation to any premises comprised in a strata title plan under the Land Titles (Strata) Act 1967, means — (i) in the case of a lot — the person who is registered as the subsidiary proprietor of the lot under that Act; (ii) in the case of any common property — the management corporation having control of that common property, or the person receiving any rent or charge for the maintenance and management of that common property; and (iii) in the case of any limited common property — the subsidiary management corporation established by the Building Maintenance and Strata Management Act 2004 having control of that limited common property, or the person receiving any rent or charge for the maintenance and management of that limited common property; ( b ) in relation to a building in a housing estate of the Housing and Development Board (called an HDB housing estate), means — (i) in the case of a flat — any owner of the flat as defined in section 2(1) of the Housing and Development Act 1959; (ii) in the case of the building’s common property in an HDB housing estate that is controlled, managed and maintained by a Town Council — that Town Council; and (iii) in the case of the building’s common property in an HDB housing estate that is not controlled, managed and maintained by a Town Council — the Housing and Development Board; ( c ) in relation to a subdivided building other than a subdivided building mentioned in paragraph ( a ) or ( b ), means — (i) in the case of a lot — the person who is registered under the Land Titles Act 1993 as the proprietor of the fee simple, estate in perpetuity or leasehold estate of that lot; and (ii) in the case of the subdivided building’s common property — every person who is registered under the Land Titles Act 1993 as the proprietor of the fee simple, estate in perpetuity or leasehold estate of a lot in that building, or the person receiving any rent or charge for the maintenance or management of the common property; ( d ) in relation to any premises which are not subdivided, means any person who is registered under the Land Titles Act 1993 as the proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises; and ( e ) in relation to any other premises or building, means the person for the time being receiving the rent of the premises or building, whether on the person’s own account or as agent, trustee or receiver, or who would receive such rent if the premises or building were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the premises or building, or a mortgagee in possession; “premises” has the meaning given by section 2(1) of the Building Control Act 1989; “relevant land” means any land adjoining any specified premises, that is owned or occupied by — ( a ) the Government, including any ministry, department, agency or Organ of State; or ( b ) any body corporate established by a public Act for a public function, but excludes State land; “Singapore Land Authority” means the Singapore Land Authority established by section 3 of the Singapore Land Authority Act 2001; “specified day” means 14 May 2021; “specified premises” — ( a ) means any of the following: (i) the common property of a building in an HDB housing estate; (ii) a bus interchange within the meaning given by section 2 of the Bus Services Industry Act 2015; (iii) a railway commuter facility or railway premises within the meaning given by section 2 of the Rapid Transit Systems Act 1995; (iv) a community centre or club managed or run by the People’s Association established by section 2(1) of the People’s Association Act 1960; (v) any other premises that are prescribed by the Minister, by order in the Gazette , as specified premises; and ( b ) includes any State land adjoining any premises mentioned in paragraph ( a ). [10/2021]


document_id: psa-1999
provision_ref: s23B
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23B
title: Exclusive privilege with respect to public parcel locker network
content:
23B. The Postal Authority has the exclusive privilege of establishing, installing, operating and maintaining all of the following (collectively called the public parcel locker network): ( a ) parcel lockers located in or on any specified premises (called public parcel lockers); ( b ) related installations for any parcel locker mentioned in paragraph ( a ); ( c ) related software for any parcel locker mentioned in paragraph ( a ) or related installation mentioned in paragraph ( b ). [10/2021]


document_id: psa-1999
provision_ref: s23C
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23C
title: Public parcel locker network operator
content:
23C. —(1) The Postal Authority may appoint a person (called a public parcel locker network operator) to establish, install, operate and maintain the public parcel locker network or any part of the public parcel locker network, subject to any conditions that the Postal Authority thinks fit. [10/2021] (2) Anything done by the public parcel locker network operator under and in accordance with this Act and any conditions imposed under subsection (1) does not constitute an infringement of the privilege conferred on the Postal Authority under section 23B. [10/2021]


document_id: psa-1999
provision_ref: s23D
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23D
title: Residual power of Postal Authority with respect to public parcel locker network
content:
23D. —(1) The Postal Authority may, despite the appointment of the public parcel locker network operator under section 23C(1), establish, install, operate and maintain the public parcel locker network or any part of the public parcel locker network — ( a ) if the Postal Authority is of the opinion that the public parcel locker network operator has failed to comply with the provisions of this Part or any condition imposed by the Postal Authority under section 23C(1); or ( b ) to give effect to any direction of the Minister under section 45. [10/2021] (2) Where the Postal Authority installs, operates and maintains the public parcel locker network or part of the public parcel locker network under subsection (1) — ( a ) sections 2, 23A, 23G to 23L, 23Q, 39A to 39J, 57(3) and 58 apply, with the necessary modifications, to the Postal Authority in respect of the installation, operation and maintenance of the public parcel locker network or part thereof; and ( b ) the references to the public parcel locker network operator in those sections are references to the Postal Authority. [10/2021]


document_id: psa-1999
provision_ref: s23E
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23E
title: Charges and other terms for public parcel locker network operated by Postal Authority
content:
23E. —(1) The Postal Authority may, in respect of the public parcel locker network or part thereof operated by the Postal Authority under section 23D, determine either or both of the following: ( a ) the charges for the use of any public parcel locker, unless otherwise agreed by an agreement between the Postal Authority and a person using the public parcel locker; ( b ) the other terms and conditions which, except as provided in this Part, are to be applicable to the public parcel locker network or part thereof. [10/2021] (2) The Postal Authority may make different provision for different cases or classes of cases. [10/2021] (3) A charge payable under subsection (1)( a ) may be recovered by the Postal Authority in any court of competent jurisdiction as if it were a simple contract debt. [10/2021] (4) Nothing in this section prohibits the Postal Authority from levying any charge or collecting any dues for anything done or any service rendered other than for the use of a public parcel locker; and the rates, charges and fees payable to the Postal Authority for any service rendered must be in accordance with any rates, charges and fees determined by the Postal Authority. [10/2021] Division 2 &#x2014; Installation, operation and
maintenance of public parcel lockers


document_id: psa-1999
provision_ref: s23F
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23F
title: Installation, relocation and removal of public parcel lockers
content:
23F. The public parcel locker network operator may, with the prior approval of the Postal Authority, install, relocate or remove any public parcel locker. [10/2021]


document_id: psa-1999
provision_ref: s23G
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23G
title: Power to enter and examine land other than State land
content:
23G. —(1) This section applies whenever it appears to the public parcel locker network operator that it is or is probably necessary to exercise the powers conferred by this Part on the public parcel locker network operator in respect of any land (except State land) in relation to the installation of any public parcel locker or related installation. [10/2021] (2) The public parcel locker network operator or an authorised person may, after giving at least 3 hours’ prior notice to the occupier (if any) of the land mentioned in subsection (1) — ( a ) enter the land; and ( b ) do all necessary acts preparatory to the installation of any public parcel locker or related installation, so far as those acts may be possible without causing any damage or disturbance. [10/2021] (3) Where any damage or disturbance is caused by reason of the entry on the land under subsection (2), the public parcel locker network operator must pay compensation to the owner or occupier of the land. [10/2021] (4) Nothing in this section authorises any authorised person or any officer, employee or agent of the public parcel locker network operator — ( a ) to cut down or clear away any vegetation or any fence or other structure; or ( b ) to enter any building or any enclosure attached to any building. [10/2021]


document_id: psa-1999
provision_ref: s23H
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23H
title: Power to enter State land
content:
23H. —(1) For the purpose of installing any public parcel locker or related installation, the public parcel locker network operator or an authorised person may, at any reasonable time — ( a ) enter any State land; ( b ) with the approval of the Postal Authority and the Singapore Land Authority, install on the State land any public parcel locker or related installation; and ( c ) carry out all necessary works in connection with paragraph ( a ) or ( b ). [10/2021] (2) Where any work mentioned in subsection (1) interferes with any improvements, buildings, growing trees or crops on the State land, the public parcel locker network operator must pay compensation for any damage or disturbance. [10/2021] (3) Where the State land is occupied under a licence for temporary occupation, the compensation must be paid to the occupant mentioned in the licence. [10/2021]


document_id: psa-1999
provision_ref: s23I
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23I
title:
Power to enter specified premises, etc., for purposes of installing public parcel locker or related installation

content:
23I. —(1) Subject to section 23J, the public parcel locker network operator may — ( a ) enter any specified premises or relevant land for the purposes of paragraph ( b ) or ( c ); ( b ) install any public parcel locker in or on the specified premises; ( c ) install any related installation in or on the specified premises or relevant land; and ( d ) take any other action as may be necessary to ensure the safety and efficiency of the public parcel locker or related installation, as the case may be. [10/2021] (2) Where any damage, disturbance or disability is caused by reason of any act done under subsection (1), the public parcel locker network operator must pay compensation to any person interested. [10/2021] (3) Any compensation payable under subsection (2) may include an annual payment for land, building or other immovable property used for the purpose of the public parcel locker or related installation, as the case may be. [10/2021] (4) The public parcel locker network operator does not acquire any right other than that of user only in respect of any land, building or other immovable property in or on which the public parcel locker network operator installs any public parcel locker or related installation under subsection (1). [10/2021]


document_id: psa-1999
provision_ref: s23J
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23J
title: Procedure for purposes of section 23I
content:
23J. —(1) Where the public parcel locker network operator intends to enter any specified premises or relevant land under section 23I(1), the public parcel locker network operator must — ( a ) give at least 14 days’ written notice to the owner or occupier of the specified premises or relevant land before entering that specified premises or relevant land, as the case may be; and ( b ) satisfy any other prescribed requirements. [10/2021] (2) The written notice given under subsection (1)( a ) must state — ( a ) as fully and accurately as possible the nature and extent of the acts intended to be done; and ( b ) the time within which the owner or occupier of the specified premises or relevant land may lodge a written objection with the Postal Authority. [10/2021] (3) Where a written objection is lodged by the owner or occupier of the specified premises or relevant land (called in this section the objector) — ( a ) the Postal Authority must notify the public parcel locker network operator to resolve the dispute with the objector; and ( b ) the public parcel locker network operator must, upon receiving the Postal Authority’s notice under paragraph ( a ), take genuine steps to resolve the dispute with the objector. [10/2021] (4) If the public parcel locker network operator fails to resolve the dispute with the objector, the Postal Authority may, after giving each party a reasonable opportunity to be heard, decide on the written objection. [10/2021] (5) The Postal Authority may authorise, subject to the terms and conditions that the Postal Authority thinks fit, any of the acts mentioned in the notice given under subsection (1)( a ) to be carried out. [10/2021] (6) The public parcel locker network operator may enter the specified premises or relevant land (as the case may be), and do all or any of the acts mentioned in the written notice given under subsection (1)( a ) — ( a ) where no written objection is lodged within the period specified in the written notice — after the expiry of that period; or ( b ) where a written objection is lodged within the period specified in the written notice — (i) after the written objection is withdrawn; (ii) after the public parcel locker network operator resolves the dispute with the objector; or (iii) on the Postal Authority’s authorisation under subsection (5), subject to the terms and conditions (if any) imposed by the Postal Authority under that subsection. [10/2021]


document_id: psa-1999
provision_ref: s23K
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23K
title: Inspection, maintenance and repair of public parcel lockers and related installations
content:
23K. —(1) For the purpose of inspecting, maintaining or repairing any public parcel locker or related installation, the public parcel locker network operator or an authorised person may, at any reasonable time — ( a ) enter any land or building, whether or not the public parcel locker or related installation (as the case may be) has been installed in or on the land or building, as the case may be; and ( b ) carry out all necessary inspection, maintenance or repair, causing as little damage as possible. [10/2021] (2) Where any damage, disturbance or disability is caused by reason of any act done under subsection (1), the public parcel locker network operator must pay compensation to any person adversely affected to the extent that compensation has not already been assessed under section 23I(2). [10/2021]


document_id: psa-1999
provision_ref: s23L
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23L
title: Alteration, relocation, etc., of public parcel locker or related installation
content:
23L. —(1) Where — ( a ) any public parcel locker or related installation has been installed in or on any specified premises or land under section 23H or 23I; and ( b ) the owner or occupier of the specified premises or land desires to use the specified premises or land in a manner which makes it necessary or convenient for the public parcel locker or related installation to be altered, removed, relocated or diverted, the owner or occupier of the specified premises or land may request the public parcel locker network operator to alter, remove, relocate or divert the public parcel locker or related installation (as the case may be) accordingly. [10/2021] (2) The public parcel locker network operator may, at the request of the owner or occupier of the specified premises or land under subsection (1), alter, remove, relocate or divert the public parcel locker or related installation (as the case may be) if — ( a ) the public parcel locker network operator is satisfied that the alteration, removal, relocation or diversion is reasonable; and ( b ) the owner or occupier complies with any reasonable terms and conditions that the public parcel locker network operator may impose. [10/2021] (3) The terms and conditions mentioned in subsection (2)( b ) may include terms and conditions relating to the payment by the owner or occupier of the specified premises or land of all costs and expenses necessary for the alteration, removal, relocation or diversion. [10/2021]


document_id: psa-1999
provision_ref: s23M
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23M
title: Provision of space or facility under code of practice
content:
23M. —(1) Without affecting section 24, the Postal Authority may, for the purposes of this Part — ( a ) issue one or more codes of practice for or in connection with — (i) the installation, operation and maintenance of the public parcel locker network, including the charges and terms and conditions relating to the use and provision of public parcel lockers; (ii) the provision, maintenance and use of, and access to, space and facilities in or on any specified premises or relevant land for the operation of any public parcel locker or related installation; and (iii) the allocation of costs and expenses incurred for the provision, maintenance and use of, and access to, the space and facilities mentioned in sub‑paragraph (ii); and ( b ) amend, suspend or revoke the whole or any part of any code of practice issued under paragraph ( a ). [10/2021] (2) A code of practice issued under subsection (1) may, in particular — ( a ) require the developer, owner or occupier of any specified premises or relevant land to provide, maintain or give access to, at the expense of the developer, owner or occupier (as the case may be), any space or facility in or on the specified premises or relevant land for the installation, operation or maintenance of any public parcel locker or related installation; and ( b ) provide for any fees and charges that may be payable to the Postal Authority in relation to any application or request made to the Postal Authority under the code of practice. [10/2021] (3) If any provision in any code of practice issued under subsection (1) is inconsistent with any provision of this Act, that provision in that code of practice, to the extent of the inconsistency — ( a ) is to have effect subject to the provisions of this Act; or ( b ) having regard to this Act, is not to have effect. [10/2021] (4) Where any code of practice is issued, amended or revoked under subsection (1), the Postal Authority must — ( a ) publish a notice of the issue, amendment or revocation (as the case may be) of the code of practice in such manner as will secure adequate publicity for the issue, amendment or revocation; ( b ) specify in the notice in paragraph ( a ) the date of issue, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice remains in force, copies of that code of practice, and all amendments to that code of practice, are made available, free of charge, to the persons to whom the code of practice applies. [10/2021] (5) No code of practice, no amendment to a code of practice and no revocation of any code of practice has any force or effect as a code of practice until the notice relating to that code of practice is published in accordance with subsection (4). [10/2021] (6) A code of practice issued under subsection (1) does not have legislative effect. [10/2021] (7) Subject to subsection (8), the public parcel locker network operator and every developer, owner or occupier of any specified premises or relevant land to whom any code of practice applies must comply, at that person’s expense, with that code of practice. [10/2021] (8) The Postal Authority may, either generally or for any period that the Postal Authority may specify, waive the application, to the public parcel locker network operator or any developer, owner or occupier of any specified premises or relevant land, of any code of practice issued under subsection (1) or any part of that code of practice. [10/2021]


document_id: psa-1999
provision_ref: s23N
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23N
title: Compliance with code of practice
content:
23N. —(1) The Postal Authority may — ( a ) give a written notice to the public parcel locker network operator, or the developer, owner or occupier of any specified premises or relevant land, requiring compliance with any code of practice issued under section 23M(1); or ( b ) vary, suspend or revoke the whole or any part of the written notice given under paragraph ( a ). [10/2021] (2) To avoid doubt, the Postal Authority may give a written notice under subsection (1)( a ) even though the written notice may affect the contractual obligations of the person to whom the written notice is given, whether the obligation relates to a contract made before, on or after the specified day. [10/2021] (3) No liability shall lie against any party to a contract made before, on or after the specified day for or in relation to any breach of the contract, where the breach is solely attributable to, or occasioned by, the compliance by that party with a written notice under subsection (1)( a ). [10/2021] (4) Nothing in subsection (3) affects the operation of the Frustrated Contracts Act 1959. [10/2021] (5) Where — ( a ) any code of practice issued under section 23M(1) applies to a person who is the developer, owner or occupier of any specified premises or relevant land; and ( b ) the Postal Authority is satisfied that the person is contravening or has contravened (whether by act or omission) any provision of that code of practice, the Postal Authority may issue a written order to that person for the purpose of securing compliance with that provision. [10/2021] (6) The written order under subsection (5) — ( a ) must require the person concerned to do, or to refrain from doing, anything that is, or is of a description, specified in the written order; and ( b ) takes effect at the time (being the earliest practicable time) determined by or under the written order. [10/2021] (7) The Postal Authority may vary, suspend or revoke the whole or any part of a written order issued under subsection (5). [10/2021] (8) A person mentioned in subsection (5) who, without reasonable excuse, fails to comply with a written order issued under that subsection shall be guilty of an offence. [10/2021]


document_id: psa-1999
provision_ref: s23O
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23O
title: Provision of space or facility, etc., by direction of Postal Authority
content:
23O. —(1) Without affecting sections 23M and 23N, the Postal Authority may give a written direction mentioned in subsection (2) if the Postal Authority considers it necessary that — ( a ) any public parcel locker should be installed in or on any specified premises, whether completed or not; or ( b ) any relevant installation should be installed in or on any specified premises or relevant land, whether completed or not. [10/2021] (2) The written direction that the Postal Authority may give is any of the following: ( a ) to require the developer or owner of the specified premises or relevant land (as the case may be) to provide, at the developer’s or owner’s expense and within the period specified in the written direction — (i) any space or facility in or on that specified premises or relevant land; and (ii) access to that specified premises or relevant land, as the Postal Authority may specify in the written direction; ( b ) to require the public parcel locker network operator to install, within the period specified in the written direction, any public parcel locker or related installation in the space or facility mentioned in paragraph ( a )(i) as the Postal Authority considers necessary. [10/2021] (3) A written direction under subsection (2) may include — ( a ) a requirement that the public parcel locker network operator must contribute (wholly or partly) to any costs and expenses incurred for the provision and use of any space or facility mentioned in subsection (2)( a )(i) as the Postal Authority may determine; ( b ) terms and conditions relating to the payment of costs and expenses necessary for any alteration, removal, relocation or diversion of any public parcel locker or related installation that may subsequently be required; ( c ) a requirement that the public parcel locker network operator, or the developer or owner of the specified premises or relevant land, take any specified measure in relation to the security and reliability of the public parcel locker network; or ( d ) any other requirement as the Postal Authority may specify. [10/2021] (4) To avoid doubt, the Postal Authority may give a written direction under subsection (2) even though the written direction may affect the contractual obligations of any person to whom the written direction is given, whether the obligation relates to a contract made before, on or after the specified day. [10/2021] (5) No liability shall lie against any party to a contract made before, on or after the specified day for or in relation to any breach of the contract, where the breach is solely attributable to, or occasioned by, the compliance by that party with any written direction given under subsection (2). [10/2021] (6) Nothing in subsection (5) affects the operation of the Frustrated Contracts Act 1959. [10/2021] (7) The Postal Authority may vary, suspend or revoke the whole or any part of a written direction given under subsection (2). [10/2021] (8) A person who, without reasonable excuse, fails to comply with any requirement in a written direction given under subsection (2) shall be guilty of an offence. [10/2021]


document_id: psa-1999
provision_ref: s23P
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23P
title: Disputes as to compensation
content:
23P. If any dispute as to compensation arises under section 23G(3), 23H(2), 23I(2) or 23K(2), any aggrieved person may, by written application, request for a determination by the Postal Authority. [10/2021]


document_id: psa-1999
provision_ref: s23Q
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23Q
title:
Public parcel locker network operator not liable to pay fee, etc., for right to enter or use land or premises

content:
23Q. —(1) Despite any written law, the public parcel locker network operator is not, when exercising the powers conferred by section 23G, 23H, 23I or 23K, liable for or required to pay any person any fee or charge for the right to enter or use any land or premises. [10/2021] (2) Despite any written law, where the developer, owner or occupier of any specified premises or relevant land is required, under a code of practice issued under section 23M(1), to provide, maintain or give access to any space or facility in or on the specified premises or relevant land, the public parcel locker network operator is not liable for or required to pay the developer, owner or occupier (as the case may be) any fee or charge for the right to enter or use that space or facility. [10/2021] Division 3 &#x2014; Enforcement powers


document_id: psa-1999
provision_ref: s23R
chapter: PART 3A - PUBLIC PARCEL LOCKERS
section: 23R
title: Power of Postal Authority to deal with parcels, etc., in public parcel lockers
content:
23R. —(1) Where the Postal Authority knows or has reason to suspect that any parcel or other article or thing is or may be the subject of, or is or may have been used in, the commission of an offence under this Act or any regulations made under this Act, the Postal Authority may, by written order, direct the public parcel locker network operator — ( a ) to open and search any public parcel locker; and ( b ) to detain and open any parcel or other article or thing that is placed or found in the public parcel locker. [10/2021] (2) Where a person is reasonably suspected of having committed an offence under this Act or any regulations made under this Act, the Postal Authority may, by written order, direct the public parcel locker network operator — ( a ) to do all of the following: (i) open and search any public parcel locker; (ii) detain and open any parcel or other article or thing placed or believed to have been placed in the public parcel locker by that person; or ( b ) to prevent that person from placing any parcel or other article or thing in any public parcel locker. [10/2021] (3) The public parcel locker network operator must, upon receiving a written order made under subsection (2), comply with the written order. [10/2021] (4) A parcel, an article or a thing that is detained and opened under subsection (1) or (2)( a ) must be destroyed, returned to the sender or dealt with in any other manner as the Postal Authority may direct. [10/2021]


document_id: psa-1999
provision_ref: s24
chapter: PART 4 - CODES OF PRACTICE AND DIRECTIONS
section: 24
title: Codes of practice, etc.
content:
24. —(1) The Postal Authority may, from time to time — ( a ) issue one or more codes of practice or standards of performance; ( b ) approve as a code of practice or standard of performance any document prepared by a person other than the Postal Authority if the Postal Authority considers the document suitable for this purpose; or ( c ) amend or revoke any code of practice or standard of performance issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the following: ( d ) the operation of postal systems; ( e ) the provision of postal services; ( f ) the activities and conduct of postal licensees in the provision of postal services; ( g ) agreements or arrangements between a public postal licensee and any applicable person or class of applicable persons under which the public postal licensee delivers applicable postal articles to letter boxes; ( h ) competition, abuse of a dominant position in the market for postal systems or postal services and fair market conduct in the provision of postal services in Singapore; ( i ) the acquisitions or consolidations involving a postal licensee and any other person (whether a postal licensee or otherwise); ( j ) the carrying out of the purposes and provisions of this Act and for the due administration of this Act. [10/2021] (2) In subsection (1)( g ), “applicable person” and “applicable postal article” have the meanings given by section 7A(2). [10/2021] (3) A code of practice may, in particular, specify the duties and obligations of any person in relation to the person’s business operation insofar as it relates to the provision of postal services. [34/2007] (4) If any provision in any code of practice or standard of performance is inconsistent with any provision of this Act, the provision, to the extent of the inconsistency — ( a ) has effect subject to the provisions of this Act; and ( b ) having regard to the provisions of this Act, does not have effect. [34/2007] (5) Where a code of practice or standard of performance is issued, approved, amended or revoked by the Postal Authority under subsection (1), the Postal Authority must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice or standard of performance in any manner that will secure adequate publicity for the issue, approval, amendment or revocation; ( b ) specify in the notice mentioned in paragraph ( a ) the date of issue, approval, amendment or revocation (as the case may be) and the place at and the time during which the code of practice or standard of performance which is the subject of the notice may be inspected; and ( c ) ensure that, so long as the code of practice or standard of performance remains in force, copies of that code or standard, and all amendments to that code or standard, are made available, free of charge, to the persons to whom the code or standard applies. [34/2007; 10/2021] (6) No code of practice or standard of performance, no amendment to an approved code of practice or standard of performance, and no revocation of any such approved code of practice or standard of performance, has any force or effect as an approved code of practice or standard of performance until the notice relating thereto is published in accordance with subsection (4). [34/2007] (7) Any code of practice or standard of performance issued or approved under this section does not have legislative effect. [34/2007] (8) Subject to subsection (8), every postal licensee must comply with the relevant codes of practice and standards of performance issued or approved under this section. [34/2007] (9) The Postal Authority may, either generally or for such time as the Postal Authority may specify, waive the application of any code of practice or standard of performance, or part thereof, issued or approved under this section to any postal licensee. [34/2007] (10) In this section, “dominant position” means a dominant position in any market for postal systems or postal services, whether in Singapore or elsewhere. [34/2007]


document_id: psa-1999
provision_ref: s25
chapter: PART 4 - CODES OF PRACTICE AND DIRECTIONS
section: 25
title: Directions affecting postal licensee
content:
25. —(1) The Postal Authority may give directions to be observed by postal licensees — ( a ) to ensure the reliability of the provision of any postal service to the public; ( b ) to ensure fair and efficient market conduct by postal licensees; ( c ) to ensure the technical compatibility and safety of operation of any postal equipment or postal system; ( d ) to ensure the coordination and cooperation, on such terms as the Postal Authority may specify, with any other person in the use or sharing of any installation, plant or system, or part thereof, owned or used by the postal licensee for the provision of any postal service; or ( e ) in the public interest. [34/2007] (2) The Postal Authority may also give directions to be observed by a public postal licensee in relation to the implementation and performance of any agreement or arrangement mentioned in section 7A(1) under which the public postal licensee delivers applicable postal articles to letter boxes. [10/2021] (3) A direction under subsection (1) or (2) — ( a ) must require the postal licensee concerned (according to the circumstances of the case) to do, or not to do, any things that are specified in the direction or are of a description as specified therein; ( b ) takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and ( c ) may be revoked at any time by the Postal Authority. [10/2021] (4) Before giving a direction to any postal licensee under subsection (1) or (2), the Postal Authority must, unless the Postal Authority in respect of any particular direction considers that it is not practicable or desirable, give notice — ( a ) stating that the Postal Authority proposes to make the direction and setting out its effect; and ( b ) specifying the time within which representations or objections to the proposed direction may be made, and must consider any representations or objections which are duly made. [10/2021] (5) Every postal licensee must comply with every direction of the Postal Authority given to the licensee under this section.


document_id: psa-1999
provision_ref: s26
chapter: PART 4 - CODES OF PRACTICE AND DIRECTIONS
section: 26
title: Advisory guidelines
content:
26. —(1) The Postal Authority may make advisory guidelines about any aspect of postal services and postal systems. (2) Advisory guidelines, for example, may be made about — ( a ) any matter in respect of which codes of practice and standards of performance may be made under section 24; or ( b ) the use, construction, design or performance of anything relating to postal systems or postal services. [34/2007] (3) The Postal Authority must — ( a ) give a copy of each advisory guideline to the Minister; and ( b ) publish each advisory guideline in the way the Postal Authority thinks fit.


document_id: psa-1999
provision_ref: s26A
chapter: PART 4A - CONTROL OVER DESIGNATED POSTAL LICENSEES
section: 26A
title: Interpretation of this Part
content:
26A. —(1) In this Part, unless the context otherwise requires — “12% controller”, in relation to a designated postal licensee, means a person, not being a 30% controller, who alone or together with the person’s associates — ( a ) holds 12% or more of the total number of voting shares in the designated postal licensee; or ( b ) is in a position to control 12% or more of the voting power in the designated postal licensee; “30% controller”, in relation to a designated postal licensee, means a person who alone or together with the person’s associates — ( a ) holds 30% or more of the total number of voting shares in the designated postal licensee; or ( b ) is in a position to control 30% or more of the voting power in the designated postal licensee; “associate” has the meaning given to that expression in regulations made under section 26H; “consolidation” means any transaction — ( a ) that results in a person — (i) becoming a 30% controller of a designated postal licensee; (ii) acquiring the business of a designated postal licensee (or any part thereof) as a going concern; or (iii) obtaining effective control over a designated postal licensee; or ( b ) that is prescribed by regulations made under section 26H, or that falls within a class of transactions prescribed in such regulations; “designated postal licensee” means a postal licensee — ( a ) which has been declared by the Postal Authority, by notification in the Gazette , to be a designated postal licensee for the purposes of this Part; or ( b ) which is within a class of postal licensees which has been declared by the Postal Authority, by notification in the Gazette , to be a designated class of postal licensees for the purposes of this Part; “effective control” has the meaning given to it in the code of practice mentioned in section 26C; “share” includes stock except where a distinction between stock and shares is expressed or implied; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967; “voting share” has the meaning given by section 4(1) of the Companies Act 1967, but does not include a treasury share. [34/2007] (2) In relation to a designated postal licensee the whole or a portion of the share capital of which consists of stock, an interest of a person in any such stock is deemed to be an interest in an issued share in the designated postal licensee having the same nominal amount as the amount of that stock and having attached to it the same rights as are attached to that stock. [34/2007] (3) The Postal Authority may, by notification in the Gazette , vary or revoke any declaration of a designated postal licensee. [34/2007]


document_id: psa-1999
provision_ref: s26B
chapter: PART 4A - CONTROL OVER DESIGNATED POSTAL LICENSEES
section: 26B
title: Control of acquisition of designated postal licensee
content:
26B. —(1) A designated postal licensee must give written notice, in the prescribed manner and within the prescribed period, to the Postal Authority on the occasion when a person, whether by a series of transactions over a period of time or otherwise — ( a ) first acquires 5% or more but less than 12% of the voting shares in the designated postal licensee; or ( b ) first controls 5% or more but less than 12% of the voting power in the designated postal licensee. [34/2007] (2) Subject to subsection (4), a person must not, whether through a series of transactions over a period of time or otherwise, become a 12% controller or a 30% controller of a designated postal licensee without obtaining the prior written approval of the Postal Authority in the prescribed manner and within the prescribed period. [34/2007] (3) A person must not enter into any other transaction that constitutes a consolidation with a designated postal licensee without obtaining the prior written approval of the Postal Authority in the prescribed manner and within the prescribed period. [34/2007] (4) To the extent that the holding of any shares or control of any voting power in a designated postal licensee under subsection (2) constitutes a consolidation with that designated postal licensee, the person and the designated postal licensee must, in addition to the approval required under that subsection, obtain the prior written approval of the Postal Authority in the prescribed manner and within the prescribed period. [34/2007]


document_id: psa-1999
provision_ref: s26C
chapter: PART 4A - CONTROL OVER DESIGNATED POSTAL LICENSEES
section: 26C
title: Power to issue code of practice relating to control of designated postal licensee
content:
26C. —(1) Without limiting section 24, the Postal Authority may issue a code of practice under that section which specifies such matters as are generally necessary for carrying out the purposes and provisions of this Part and for the due administration thereof. [34/2007] (2) Without limiting subsection (1), the Postal Authority may specify in the code of practice — ( a ) the circumstances under which a person would be considered to have entered into a consolidation with a designated postal licensee; ( b ) the categories of persons that must obtain the prior written approval of the Postal Authority for — (i) any consolidation with a designated postal licensee; or (ii) an acquisition of the business of a designated postal licensee or part thereof; ( c ) the duties and obligations of a designated postal licensee and a person acquiring the business or part thereof as a going concern, holding any voting shares or controlling the voting power of a designated postal licensee; ( d ) the rules and procedures that a designated postal licensee and a person acquiring the business or part thereof as a going concern, holding any voting shares or controlling the voting power of a designated postal licensee must comply with; and ( e ) the terms and conditions which the Postal Authority may impose in granting any written approval under section 26B. [34/2007]


document_id: psa-1999
provision_ref: s26D
chapter: PART 4A - CONTROL OVER DESIGNATED POSTAL LICENSEES
section: 26D
title: Power to issue directions
content:
26D. —(1) Without limiting section 25, if the Postal Authority is satisfied that a person — ( a ) holds any voting shares or controls the voting power of a designated postal licensee; or ( b ) has entered into a consolidation with a designated postal licensee, (called in this section the specified person), in contravention of section 26B(2), (3) or (4), or that the holding, control, acquisition or consolidation is likely to substantially lessen competition or is against the public interest, the Postal Authority may issue a direction under subsection (3) or (4), as the case may be. [34/2007] (2) The Postal Authority may issue a direction under subsection (3) or (4) if the Postal Authority is satisfied that — ( a ) any condition of written approval imposed on the person under section 26B has not been complied with; ( b ) the person has provided false or misleading information or documents in connection with an application under section 26B to obtain the written approval of the Postal Authority; or ( c ) the Postal Authority would not have granted its written approval under section 26B had it been aware, at that time, of circumstances relevant to the person’s application for that approval, and the existing holding, control, acquisition or consolidation in the designated postal licensee by the person is likely to substantially lessen competition or is against the public interest. [34/2007] (3) The Postal Authority may, under the circumstances specified in subsection (1)( a ) or ( b ) or (2), direct — ( a ) the designated postal licensee to do all or any of the following: (i) to restrict the specified person’s voting power in respect of the shares the specified person holds or controls in the designated postal licensee (called in this section the specified shares), unless the Postal Authority expressly permits such rights to be exercised; (ii) to restrict the issuance or offer of shares in the designated postal licensee (whether by way of rights, bonus or otherwise) in respect of the specified shares, unless the Postal Authority expressly permits the issue or offer; (iii) except in a winding up of the designated postal licensee, to restrict the payment of any amount (whether by way of dividends or otherwise) in respect of the specified shares, unless the Postal Authority expressly authorises such payments subject to such conditions as the Authority may specify; and ( b ) any specified person or an associate of the specified person to transfer or dispose of all or any part of the specified shares within the time and subject to the conditions that the Postal Authority considers appropriate. [34/2007] (4) The Postal Authority may, under the circumstances specified in subsection (1) or (2), direct any specified person to transfer or dispose of all or any part of the business acquired from the designated postal licensee within the time and subject to the conditions that the Postal Authority considers appropriate. [34/2007] (5) Before issuing a direction to any person under subsection (3) or (4), the Postal Authority must, unless the Postal Authority decides that it is not practicable or desirable to do so, cause to be given to that person written notice of the Postal Authority’s intention to serve the direction, specifying a date by which that person may make written representations with regard to the proposed direction. [34/2007] (6) Upon receipt of any written representation mentioned in subsection (5), the Postal Authority must consider it for the purpose of determining whether to issue the direction. [34/2007] (7) Any person to whom a direction is given under subsection (3) or (4) must comply with the direction and the direction takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, or other constitution, of the designated postal licensee. [34/2007] (8) The Postal Authority may vary or revoke any direction issued under this section. [34/2007] (9) Where a person is alleged to have contravened section 26B(2), (3) or (4), it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened the provision in question; and ( b ) the person has, within 14 days of becoming aware that the person had contravened that provision, notified the Postal Authority of the contravention and, within the time determined by the Postal Authority, taken the actions in relation to the person’s shareholding or control of the voting power in the designated postal licensee that the Postal Authority may direct, but it is not a defence for the person to prove that the person did not intend to or did not knowingly contravene section 26B(2), (3) or (4) (as the case may be) except as provided in this subsection. [34/2007]


document_id: psa-1999
provision_ref: s26E
chapter: PART 4A - CONTROL OVER DESIGNATED POSTAL LICENSEES
section: 26E
title: Power to obtain information
content:
26E. —(1) Without affecting any other provision of this Act, the Postal Authority may, by written notice, direct any designated postal licensee to obtain from any of its shareholders and to transmit to the Postal Authority information — ( a ) as to whether that shareholder holds any share in the designated postal licensee as a beneficial owner or trustee; and ( b ) if the shareholder holds the share as a trustee, to indicate so far as he or she can, the person for whom he or she holds the share (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his or her interest, and the designated postal licensee must comply with that direction within the time specified in the notice. [34/2007] (2) The Postal Authority may, by written notice, require any shareholder of a designated postal licensee to inform the Postal Authority whether he or she holds that interest as a beneficial owner or trustee, and if he or she holds the interest as a trustee, to indicate so far as he or she can, the person for whom he or she holds the interest (either by name or by other particulars sufficient to enable that person to be identified) and the nature of his or her interest. [34/2007] (3) Any person who — ( a ) fails to comply with a notice under this section; or ( b ) in purported compliance of the notice, knowingly or recklessly, makes a statement which is false in a material particular, shall be guilty of an offence and shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or ( d ) in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. [34/2007]


document_id: psa-1999
provision_ref: s26F
chapter: PART 4A - CONTROL OVER DESIGNATED POSTAL LICENSEES
section: 26F
title: Appointment of chief executive officer, director, etc., of designated postal licensee
content:
26F. —(1) A designated postal licensee must not appoint a person as its chief executive officer, its director or the chairperson of its board of directors unless it has obtained the prior written approval of the Postal Authority. [34/2007] (2) Where a person has been appointed by a designated postal licensee as its chief executive officer, its director, or the chairperson of its board of directors without the prior written approval of the Postal Authority in contravention of subsection (1), the Postal Authority may issue a direction to the licensee to remove that person as its chief executive officer, its director or the chairperson of its board of directors, as the case may be. [34/2007] (3) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, or other constitution, of the designated postal licensee. [34/2007] (4) In this section — “chief executive officer”, in relation to a designated postal licensee, means any person, by whatever name described, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the designated postal licensee; and ( b ) is principally responsible for the management and conduct of any type of business of the designated postal licensee in Singapore, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer; “director” has the meaning given by section 4(1) of the Companies Act 1967. [34/2007]


document_id: psa-1999
provision_ref: s26G
chapter: PART 4A - CONTROL OVER DESIGNATED POSTAL LICENSEES
section: 26G
title:
Power of Minister to issue written order relating to acquisition of assets, etc., of postal licensees

content:
26G. —(1) Subject to subsection (4), where a person acquires the assets or business of, or shares in, a postal licensee (called in this section the relevant person), and the Minister is satisfied that — ( a ) the relevant person is not a fit and proper person; and ( b ) it is not in the national interest to allow the relevant person to continue to own the assets or business of, or to hold the shares in, that postal licensee, the Minister may issue a written order to the relevant person, the postal licensee or both, directing the relevant person or that postal licensee or both to do all or anything specified in subsection (2). [34/2007] (2) A written order under subsection (1) may direct a relevant person, a postal licensee or both to do all or any of the following: ( a ) to transfer or dispose of all the assets, business or shares acquired by the relevant person in the postal licensee concerned, within the time and subject to the conditions that the Minister considers appropriate; ( b ) to transfer or dispose of any part of the assets, business or shares acquired by the relevant person in the postal licensee concerned only in the circumstances that the Minister considers appropriate. [34/2007] (3) If a written order containing any direction specified in subsection (2)( a ) or ( b ) concerning any shares in a postal licensee is issued, then despite the provisions of any other written law or anything contained in the memorandum or articles of association, or other constitution, of the postal licensee, the following applies for so long as those shares are not transferred or disposed of in accordance with the direction: ( a ) no voting rights are exercisable in respect of those shares without the prior and express permission of the Minister; ( b ) no shares in the postal licensee may be issued or offered (whether by way of rights, bonus or otherwise) without the prior and express permission of the Postal Authority; and ( c ) no payment may be made by the postal licensee of any amount (whether by way of dividends or otherwise) in respect of those shares unless the postal licensee has the prior and express permission of the Minister to do so or the payment is upon the winding up of the postal licensee. [34/2007] (4) Before issuing any written order under subsection (1), the Minister must, unless he or she decides that it is not practicable or desirable to do so — ( a ) give notice to the relevant person or postal licensee (as the case may be) of the proposed written order; and ( b ) consider any written representation made in accordance with the notice in paragraph ( a ) and not withdrawn. [34/2007] (5) The notice in subsection (4)( a ) must state — ( a ) that the Minister intends to issue the written order; and ( b ) the period within which written representations may be made in relation to the proposed written order. [34/2007] (6) Any person to whom a written order is issued under subsection (1) must comply with the written order, and the written order takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, or other constitution, of the postal licensee. [34/2007] (7) Any person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. [34/2007]


document_id: psa-1999
provision_ref: s26H
chapter: PART 4A - CONTROL OVER DESIGNATED POSTAL LICENSEES
section: 26H
title: Regulations for carrying out this Part
content:
26H. —(1) The Postal Authority may, with the approval of the Minister, make such regulations as are necessary or expedient for carrying out the purposes of this Part. [34/2007] (2) Without limiting subsection (1), the regulations may prescribe — ( a ) the circumstances under which a person would be considered to be an associate for the purposes of this Part; and ( b ) the circumstances under which a person would be or considered to be in a position to control a percentage of the voting power in a designated postal licensee. [34/2007]


document_id: psa-1999
provision_ref: s27
chapter: PART 5 - OFFENCES AND PENALTIES
section: 27
title: Obstruction of public postal licensees
content:
27. —(1) Any person who — ( a ) while in any premises used for the purposes of the business of a public postal licensee, intentionally obstructs the course of business of the licensee; or ( b ) assaults or intentionally obstructs or incites anyone to obstruct or impede an officer or employee of a public postal licensee in the performance of his or her duties, shall be guilty of an offence. (2) A public postal licensee may require any person guilty of an offence under subsection (1) to leave the premises used for the purposes of its business and, if any such offender who is so required refuses or fails to comply with the requirement, the offender may be removed by an officer or employee of the licensee.


document_id: psa-1999
provision_ref: s28
chapter: PART 5 - OFFENCES AND PENALTIES
section: 28
title: Intentional damage to installation or plant used for posts
content:
28. Any person who intending — ( a ) to prevent or obstruct the transmission or delivery of any postal article; ( b ) to intercept or to acquaint himself or herself with the contents of any postal article; or ( c ) to commit mischief, damages, removes, tampers with or touches any installation or plant or any part thereof used for posts belonging to a public postal licensee shall be guilty of an offence. [34/2007]


document_id: psa-1999
provision_ref: s29
chapter: PART 5 - OFFENCES AND PENALTIES
section: 29
title: Protection of installation or plant used for posts
content:
29. —(1) A person must not, without the written approval of the Postal Authority — ( a ) lay or carry any mains, pipes, conduits, circuits or wires in, along, through, across, over or under any street or place in a manner which is likely to interfere with or cause damage to any installation or plant used for posts; or ( b ) affix any placard, advertisement, notice or other thing in or on, or paint, tar or in any way disfigure any installation or plant used for posts. (2) Any approval under subsection (1) may be refused by the Postal Authority or granted by the Postal Authority on any terms and conditions that it may determine. (3) Where the commission by any person of an offence under subsection (1) is due to the act or default of some other person, that other person shall be guilty of the offence. (4) A person may be charged with and convicted of the offence by virtue of subsection (3) whether or not proceedings are taken against the firstmentioned person. (5) In any proceedings for an offence under subsection (1), it is, subject to subsection (6), a defence for the person charged to prove that the person took all reasonable steps and exercised all due diligence to avoid committing the offence. (6) Where the defence provided by subsection (5) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a written notice giving any information identifying or assisting in the identification of that other person that was then in his or her possession. [Act 25 of 2021 wef 01/04/2022] (7) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall, in addition to the forfeiture of any equipment seized, be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: psa-1999
provision_ref: s30
chapter: PART 5 - OFFENCES AND PENALTIES
section: 30
title: Prohibition of false notice relating to public postal licensees’ installation or plant
content:
30. A person who, without the permission of a public postal licensee, places or maintains in or on any house or place, belonging to the person or under the person’s control, any word, letter or mark which signifies or implies or may reasonably lead the public to believe that the house or place is part of a public postal licensee’s installation or plant, shall be guilty of an offence.


document_id: psa-1999
provision_ref: s31
chapter: PART 5 - OFFENCES AND PENALTIES
section: 31
title: Damage to public postal licensees’ installation or plant
content:
31. A person who wilfully removes, destroys or damages any installation or plant which belongs to a public postal licensee and is used for posts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: psa-1999
provision_ref: s32
chapter: PART 5 - OFFENCES AND PENALTIES
section: 32
title: Compensation for damage caused to public postal licensees’ installation or plant
content:
32. —(1) A person who removes, destroys or damages, whether wilfully, negligently, accidentally or otherwise, the installation or plant which belongs to a public postal licensee and is used for posts shall, in addition to any penalty for which the person is liable for an offence under this Act, be liable to pay compensation for the damage the person has done. (2) The compensation is recoverable by civil action or suit before any court of competent jurisdiction. (3) Subject to subsection (1), any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of the same. (4) Any order under subsection (3) may be enforced as if it were a judgment in a civil action or suit.


document_id: psa-1999
provision_ref: s33
chapter: PART 5 - OFFENCES AND PENALTIES
section: 33
title: Unlawful operation of postal services
content:
33. Subject to section 5, any person who — ( a ) conveys any letter or performs any service incidental to such conveyance without a licence granted under section 6; ( b ) collects, sends, tenders or delivers in order to be sent a letter without a licence granted under section 6; or ( c ) makes a collection of letters for transmission or distribution to or from any place through a postal licensee without a licence granted under section 6, shall be guilty of an offence. [34/2007]


document_id: psa-1999
provision_ref: s34
chapter: PART 5 - OFFENCES AND PENALTIES
section: 34
title: Offences by officer, employee or agent of postal licensees
content:
34. —(1) Any officer, employee or agent of a postal licensee who — ( a ) destroys or throws away any postal article or anything contained therein; ( b ) commits theft in respect of or dishonestly misappropriates or secretes any postal article or anything contained therein; or ( c ) except in obedience to an order under the hand of the Minister or the direction of a court or the requirement by the Public Prosecutor under section 20 of the Criminal Procedure Code 2010, wilfully opens or causes to be opened contrary to his or her duty any mail bag or postal article, or wilfully detains or delays or causes to be detained or delayed the mail bag or postal article, shall be guilty of an offence. [34/2007; 15/2010; 10/2021] (2) Any officer, employee or agent of a postal licensee who — ( a ) fraudulently puts any wrong official mark on a postal article; ( b ) fraudulently alters, removes or causes to disappear any official mark on a postal article; or ( c ) being entrusted with the delivery of any postal article, knowingly demands or receives any sum of money which is not chargeable under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [34/2007] (3) Subsection (1) applies only to postal articles which an officer, employee or agent of a postal licensee has access to in the course of his or her employment as an officer, employee or agent of the postal licensee. [34/2007] (4) An officer, employee or agent of a public postal licensee mentioned in section 11(1) who with fraudulent intent issues or causes to be issued a document specified for use in connection with the remittance of money through that public postal licensee shall be guilty of an offence. [10/2021]


document_id: psa-1999
provision_ref: s35
chapter: PART 5 - OFFENCES AND PENALTIES
section: 35
title: Fraudulent sending of postal article
content:
35. A person who sends any postal article bearing any facsimile, imitation or representation of postage stamps or purporting to be prepaid with any postage stamp which has previously been used to prepay any other postal article or which has otherwise been previously used shall be guilty of an offence. [34/2007]


document_id: psa-1999
provision_ref: s36
chapter: PART 5 - OFFENCES AND PENALTIES
section: 36
title: Fraudulent retention of postal article
content:
36. —(1) A person who — ( a ) except in accordance with this Act or unless authorised by the Postal Authority, wilfully retains or secretes or makes away with or keeps or detains or, when required by an employee of a public postal licensee, neglects or refuses to deliver up in the course of transmission by post any postal article or any mail bag containing any postal article; or ( b ) except in accordance with this Act or unless authorised by the Postal Authority, wilfully opens or causes to be opened any letter which ought to have been delivered, or does any act whereby the due delivery of a letter to any person is prevented or impeded, shall be guilty of an offence. [34/2007] (2) Nothing in subsection (1)( b ) applies to a person who does any act to which that subsection applies where he or she is a parent, or in the position of a parent or guardian, of the person to whom the letter is addressed and the addressee is a minor or his or her ward.


document_id: psa-1999
provision_ref: s37
chapter: PART 5 - OFFENCES AND PENALTIES
section: 37
title: Penalty for sending anything indecent, etc., by post
content:
37. Any person who sends by post — ( a ) any indecent or obscene article or any postal article having any words, marks or designs of an indecent, obscene, scurrilous, threatening or grossly offensive character; [Act 30 of 2021 wef 02/11/2022] ( b ) anything which is likely to damage any postal article in the course of transmission by post or any postal equipment or injure any employee or agent of a postal licensee; or ( c ) except as otherwise provided by any regulations made under this Act, any explosive, inflammable, dangerous, filthy, noxious or deleterious substance, any sharp instrument not properly protected or any living creature which is noxious or likely to damage any postal article in the course of transmission by post or any postal equipment or to injure any employee or agent of a postal licensee, shall be guilty of an offence. [34/2007]


document_id: psa-1999
provision_ref: s38
chapter: PART 5 - OFFENCES AND PENALTIES
section: 38
title: Penalty for making any facsimile, imitation or representation of any postage stamp, etc.
content:
38. —(1) A person must not — ( a ) make, deal in, distribute or sell; ( b ) knowingly use for postal purposes or for the purpose of remitting or paying any money; ( c ) have in the person’s possession without any lawful excuse; or ( d ) make or, without any lawful excuse, have in the person’s possession, any die, plate, instrument or material for making, any facsimile, imitation or representation of any postage stamp or any document used by a public postal licensee in connection with the remittance or payment of money. (2) A person must not make, issue or send by post any stamped, franked or embossed envelope, wrapper, card, form or paper in imitation of one issued by a postal licensee. [34/2007] (3) A person who contravenes or fails to comply with subsection (1) or (2) shall be guilty of an offence. [34/2007] (4) Any stamp, die, plate, instrument or material found in the possession of any person who has contravened or failed to comply with subsection (1) or (2) may be seized by any employee of the Postal Authority and forfeited by a Magistrate’s Court, and must be dealt with as the Court directs. [34/2007]


document_id: psa-1999
provision_ref: s39
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39
title: Penalty for erasure of mark denoting used postage stamp
content:
39. A person who, with fraudulent intent, erases or removes from a postage stamp any mark put or impressed upon the postage stamp denoting that the same has been used, or sells or uses any such postage stamp for postal purposes shall be guilty of an offence. [34/2007] Division 2 &#x2014; Offences relating to public parcel lockers, etc.


document_id: psa-1999
provision_ref: s39A
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39A
title: Obstruction of public parcel locker network operator
content:
39A. A person who assaults or intentionally obstructs, or incites any other person to obstruct or impede, an officer or employee or a contractor of the public parcel locker network operator in the performance of the duties of that officer, employee or contractor (as the case may be) shall be guilty of an offence. [10/2021]


document_id: psa-1999
provision_ref: s39B
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39B
title: Intentional damage to public parcel lockers and related installations
content:
39B. A person — ( a ) who — (i) damages or tampers with any public parcel locker, related installation or related software; or (ii) removes or touches any public parcel locker or related installation; and ( b ) does so intending — (i) to prevent or obstruct the delivery or collection of any parcel; (ii) to intercept, or to acquaint the person with the contents of, any parcel; or (iii) to commit mischief, shall be guilty of an offence. [10/2021]


document_id: psa-1999
provision_ref: s39C
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39C
title: Protection of public parcel lockers and related installations
content:
39C. —(1) A person must not, without the written approval of the Postal Authority — ( a ) do anything to interfere with or cause damage to any public parcel locker or related installation; or ( b ) affix any placard, advertisement, notice or other thing in or on, or paint, cover or in any way disfigure, any public parcel locker or related installation. [10/2021] (2) The Postal Authority may — ( a ) grant an approval under subsection (1) on any terms and conditions as the Postal Authority may determine; or ( b ) refuse to grant an approval under subsection (1). [10/2021] (3) A person who contravenes subsection (1) shall be guilty of an offence and shall, in addition to the forfeiture of any equipment seized, be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [10/2021] (4) Where the commission by any person ( A ) of an offence under subsection (1) is due to the act or default of some other person ( B ), B shall be guilty of the offence. [10/2021] (5) B may be charged with and convicted of the offence by virtue of subsection (4) whether or not proceedings are taken against A . [10/2021] (6) In any proceedings for an offence under subsection (1), it is a defence, subject to subsection (7), for the person charged to prove that the person took all reasonable steps and exercised all due diligence to avoid committing the offence. [10/2021] (7) Where the defence provided by subsection (6) involves an allegation that the commission of the offence was due to the act or default of another person ( X ), the person charged ( Y ) is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, Y has served on the prosecutor a written notice giving any information identifying or assisting in the identification of X as was then in Y ’s possession. [10/2021] [Act 25 of 2021 wef 01/04/2022]


document_id: psa-1999
provision_ref: s39D
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39D
title: Prohibition of false notice relating to public parcel lockers
content:
39D. A person who, without the permission of the public parcel locker network operator, places or maintains in any premises or place belonging to or under the control of that person any word, letter or mark which signifies or implies or may reasonably lead the public to believe that — ( a ) a public parcel locker or related installation is installed or located in or on those premises or at that place; or ( b ) any thing installed or located in or on those premises or at that place is part of the public parcel locker network, shall be guilty of an offence. [10/2021]


document_id: psa-1999
provision_ref: s39E
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39E
title: Offence to remove, destroy or damage public parcel locker or related installation
content:
39E. A person who — ( a ) wilfully removes, destroys or damages any public parcel locker or related installation; or ( b ) wilfully destroys or damages any related software, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. [10/2021]


document_id: psa-1999
provision_ref: s39F
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39F
title: Compensation for removal, destruction or damage of public parcel locker or related installation
content:
39F. —(1) A person who removes, destroys or damages (whether wilfully, negligently, accidentally or otherwise) any public parcel locker, related installation or related software is, in addition to any penalty for which the person is liable for an offence under this Act, liable to pay compensation for the damage the person has done. [10/2021] (2) The compensation mentioned in subsection (1) is recoverable by civil action or suit before any court of competent jurisdiction. [10/2021] (3) Any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of that compensation. [10/2021] (4) An order under subsection (3) may be enforced as if it were a judgment in a civil action or suit. [10/2021]


document_id: psa-1999
provision_ref: s39G
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39G
title: Unlawful operation of parcel lockers in or on specified premises
content:
39G. —(1) A person (other than the public parcel locker network operator) that provides or operates, or offers to provide or operate, a parcel locker in or on any specified premises shall be guilty of an offence. [10/2021] (2) In this section, “specified premises” has the meaning given by section 23A. [10/2021]


document_id: psa-1999
provision_ref: s39H
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39H
title: Offences in relation to parcels placed in public parcel lockers, etc.
content:
39H. —(1) Subject to subsection (3), a specified person who — ( a ) destroys or throws away any parcel placed in a public parcel locker or any thing contained in that parcel; ( b ) commits theft in respect of, or dishonestly misappropriates or secretes, any parcel placed in a public parcel locker or any thing contained in that parcel; or ( c ) except in obedience to an order of the Minister or the direction of a court or the requirement by the Public Prosecutor under section 20 of the Criminal Procedure Code 2010, wilfully opens or causes to be opened contrary to the specified person’s duty any public parcel locker or any parcel placed in a public parcel locker, shall be guilty of an offence. [10/2021] (2) A specified person who intentionally alters, defaces, obliterates or removes any identifying mark on a parcel placed in a public parcel locker 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. [10/2021] (3) Subsection (1) applies only to parcels which the specified person has access to in the course of the person’s employment as a specified person. [10/2021] (4) In this section — “identifying mark”, in relation to a parcel, means any mark on the parcel identifying the intended recipient of the parcel; “specified person” means any of the following persons: ( a ) an officer, employee or agent or a contractor of the public parcel locker network operator; ( b ) a delivery service provider or an officer, employee or agent or a contractor of a delivery service provider. [10/2021]


document_id: psa-1999
provision_ref: s39I
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39I
title: Offence to retain or open parcel placed in public parcel locker
content:
39I. —(1) A person (not being the intended recipient) who, except in accordance with this Act or unless authorised by the Postal Authority, wilfully retains or secretes, makes away with, keeps, detains or wilfully opens or causes to be opened any parcel that had been collected from a public parcel locker shall be guilty of an offence. [10/2021] (2) Subsection (1) does not apply to an individual who does any act to which that subsection applies where — ( a ) the intended recipient of the parcel authorises the individual to do that act; or ( b ) both of the following requirements are satisfied: (i) the individual is a parent, or in the position of a parent or guardian, of the intended recipient of the parcel; (ii) the intended recipient of the parcel is a minor or the ward of the individual mentioned in sub‑paragraph (i). [10/2021]


document_id: psa-1999
provision_ref: s39J
chapter: PART 5 - OFFENCES AND PENALTIES
section: 39J
title: Offence to place prohibited item in public parcel locker
content:
39J. —(1) Subject to subsection (2), a person who places, or causes to be placed, a prohibited item in a public parcel locker shall be guilty of an offence. [10/2021] (2) Subsection (1) does not apply to a person who, at the time the person places any thing in a public parcel locker or causes any thing to be placed in a public parcel locker, does not know, and has no reason to believe, that the thing is or contains a prohibited item. [10/2021] (3) In this section, “prohibited item” means — ( a ) any parcel which contains any indecent or obscene article, or bears any word, mark or design of an indecent or obscene or a scurrilous, threatening or grossly offensive character; ( b ) any article or thing which is likely to damage any public parcel locker or any parcel placed in a public parcel locker, or injure any person using a public parcel locker; ( c ) except as otherwise provided by any regulations made under this Act — (i) any explosive, inflammable, dangerous, filthy, noxious or deleterious substance; (ii) any sharp instrument which is not properly protected; or (iii) any living creature which is noxious or likely to damage any public parcel locker or any parcel placed in a public parcel locker, or injure any person using a public parcel locker; or ( d ) any other parcel or class of parcel prescribed. [10/2021]


document_id: psa-1999
provision_ref: s40
chapter: PART 6 - INTERNATIONAL OBLIGATIONS AND
section: 40
title: Right to conduct international business dealings
content:
40. For the purposes of the conduct of any international postal service by a public postal licensee, and subject to this Act, the licensee may enter into direct communication, arrangement and agreement with the lawfully constituted postal authority of any country or with any duly authorised international agency or organisation concerned with postal matters — ( a ) for the purpose of providing facilities, fixing rates, arranging terms of payment or accounting; ( b ) for operational, engineering or administrative purposes; or ( c ) for any other purpose necessary for the proper fulfilment of its functions.


document_id: psa-1999
provision_ref: s41
chapter: PART 6 - INTERNATIONAL OBLIGATIONS AND
section: 41
title: Government’s overriding international rights
content:
41. —(1) Nothing in section 40 is deemed to abrogate the right of the Government at any time to determine its relations with any country or with any international agency or organisation. (2) A public postal licensee must discharge its responsibilities and conduct its business as to comply with and fulfil all international agreements, conventions or undertakings relating to postal matters to which Singapore is a party.


document_id: psa-1999
provision_ref: s42
chapter: PART 6 - INTERNATIONAL OBLIGATIONS AND
section: 42
title: Liability for international financial obligations
content:
42. A public postal licensee is fully responsible for meeting all financial obligations arising from the operation of any international postal service and must settle accounts with other postal authorities.


document_id: psa-1999
provision_ref: s43
chapter: PART 6 - INTERNATIONAL OBLIGATIONS AND
section: 43
title: Contribution by Government
content:
43. Where the Government considers it necessary that any postal service of an exceptional nature should be provided, and where a public postal licensee considers it uneconomic to provide the service without contribution from the Government, the Government may make any contribution towards the capital outlay necessary to provide any such service as may be estimated by the licensee and agreed to by the Government.


document_id: psa-1999
provision_ref: s44
chapter: PART 6 - INTERNATIONAL OBLIGATIONS AND
section: 44
title: Provision of postal services for governmental, etc., purposes
content:
44. —(1) The Minister may direct a public postal licensee to undertake and provide any postal services and facilities that may be necessary for aeronautical, maritime, meteorological, governmental, defence or other purposes. (2) Upon being so directed by the Minister, the public postal licensee must provide the postal services or facilities mentioned in subsection (1) and is entitled to fair and proper payment therefor.


document_id: psa-1999
provision_ref: s45
chapter: PART 6 - INTERNATIONAL OBLIGATIONS AND
section: 45
title: Directions by Minister
content:
45. —(1) The Minister may, after consultation with the Postal Authority or any postal licensee, give to the Postal Authority or that licensee any directions that the Minister thinks fit as to the exercise by the Postal Authority or that licensee of its functions under this Act. [34/2007] (2) Without limiting subsection (1), if it appears to the Minister to be requisite or expedient to do so — ( a ) on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or ( b ) in order — (i) to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement; (ii) to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of an international organisation or a party to an international agreement; or (iii) to enable the Government to become a member of an international organisation or a party to an international agreement, the Minister may, after consultation with the Postal Authority or any postal licensee, give any directions to the Postal Authority or that licensee that are necessary in the circumstances of the case. [34/2007] (3) Any directions given under subsection (1) or (2) may include — ( a ) provisions for the interception or detention of any postal article in the course of transmission by post; and ( b ) provisions for the postal article to be delivered to any officer mentioned in the direction to be dealt with in any manner that the Minister may direct. (4) The Postal Authority and any postal licensee must give effect to any directions given to it under subsection (1) or (2) despite any other duty imposed on the Postal Authority or that licensee by or under this Act. [34/2007] (5) A postal licensee that, on or after 14 May 2021, contravenes any direction given to the postal licensee under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. [10/2021] (6) The Postal Authority and any postal licensee must not disclose any directions given to that person under subsection (1) or (2) if the Minister notifies that person that the Minister is of the opinion that the disclosure of the directions is against the public interest. [34/2007] (7) The Minister may make grants to postal licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any provision of this section. [34/2007] (8) Any sums required by the Minister for making grants under subsection (7) must be paid out of the Consolidated Fund. [S 23/2025] (9) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister is conclusive evidence of the matters stated therein.


document_id: psa-1999
provision_ref: s46
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 46
title: Power to require information, etc.
content:
46. —(1) The Postal Authority or any officer of the Postal Authority authorised in that behalf may, for the purpose of conducting an investigation or discharging its functions under this Act, by order — ( a ) require any person to provide the Postal Authority with any information in the person’s possession which relates to any postal service or postal system or the public parcel locker network or any part of the public parcel locker network; and ( b ) require any person who has in the person’s custody or under the person’s control any document which relates to any postal service or postal system or the public parcel locker network or any part of the public parcel locker network — (i) to provide the Postal Authority with a copy of or extract from the document; or (ii) unless the document forms part of the records or other documents of a court or public authority, to transmit the document itself to the Postal Authority for its inspection. [22/2016; 10/2021] (2) The Postal Authority or any officer authorised by it in that behalf is entitled without payment to keep any copy or extract provided to the Postal Authority under subsection (1). (3) The Postal Authority or any officer authorised by it in that behalf must at all reasonable times in the day have full and free access to all buildings, places, books, documents and other papers for the purpose of discharging the Postal Authority’s functions under this Act, and may, without payment, inspect, copy or make extracts from any such books, documents or papers. (4) The Postal Authority or any officer authorised by it in that behalf may take possession of any books, documents or papers where in the opinion of the Postal Authority — ( a ) the books, documents or papers may be interfered with or destroyed unless possession is taken; or ( b ) the books, documents or papers may be required as evidence in proceedings for an offence under this Act or any regulations made under this Act. (5) The rights conferred by this section include, in relation to information recorded otherwise than in legible form, the right to require the information to be made available in legible form for inspection or for a copy or extract to be made of or from it. (6) The power under this section to require a person to produce a document includes the power — ( a ) if the document is produced, to require the person, or any person who is a present or past officer of that person or is or was at any time employed by that person, to provide an explanation of the document; or ( b ) if the document is not produced, to require the person to state, to the best of that person’s knowledge and belief, where it is. [34/2007] (7) A person who — ( a ) fails to comply with any requirement specified in any order under subsection (1); ( b ) intentionally alters, suppresses or destroys any document which the person has been required under subsection (1) to provide or transmit; or ( c ) in providing any information required of the person under subsection (1), makes any statement which the person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction. (8) If a person is charged with an offence under subsection (7) in respect of a requirement to produce any document or information under subsection (1), it is a defence for the person to prove that — ( a ) the document was not in the person’s possession or under the person’s control; ( b ) it was not reasonably practicable for the person to comply with the requirement; or ( c ) the person had a reasonable excuse for failing to provide the information required. [34/2007] (9) No person is by virtue of this section obliged to disclose any particulars as to which the person is under any statutory obligation to observe secrecy. (10) In this section, “document” includes any electronic record within the meaning of the Electronic Transactions Act 2010. [34/2007]


document_id: psa-1999
provision_ref: s46A
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 46A
title: Power to examine, etc.
content:
46A. —(1) An officer of the Postal Authority who is authorised by the Postal Authority for the purpose of this section (called in this section the authorised officer) may, for the purposes of investigating an offence under this Act or any regulations made under this Act, do all or any of the following: ( a ) require any person whom the authorised officer reasonably believes to have committed that offence to provide evidence of that person’s identity; ( b ) require, by written notice, any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of the matter to attend before the authorised officer; ( c ) examine orally any person who appears to be acquainted with the facts or circumstances of the matter — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; or (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter. [22/2016] (2) A person examined under subsection (1)( c ) is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge or punishment. [22/2016] (3) A statement made by a person examined under subsection (1)( c ) 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. [22/2016] (4) A person who — ( a ) without reasonable excuse, fails to provide the information required of that person under subsection (1)( a ); ( b ) without reasonable excuse, fails to comply with a notice issued to that person under subsection (1)( b ); or ( c ) provides any information or makes any statement under this section which the person knows to be false or misleading in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [22/2016]


document_id: psa-1999
provision_ref: s47
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 47
title: Powers of arrest and search in respect of arrestable offences
content:
47. —(1) Any officer of the Postal Authority deputed by the Postal Authority to act under this section or any police officer may arrest without warrant — ( a ) any person found committing or attempting to commit or employing or aiding any person to commit an arrestable offence under this Act; or ( b ) any person against whom a reasonable suspicion exists that the person has been guilty of an arrestable offence under this Act, and may search any person so arrested, except that no female is to be searched except by a female. [10/2021] (2) Every person so arrested must, together with any article as to which an offence may have been committed or attempted to be committed, be taken to a police station. [34/2007] (3) For the purposes of this section, offences punishable under sections 28, 31, 34(1) and (4), 35, 36, 37, 38, 39, 39B, 39E, 39H(1), 39I(1) and 39J(1) are deemed to be arrestable offences within the meaning of the Criminal Procedure Code 2010. [10/2021]


document_id: psa-1999
provision_ref: s48
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 48
title: Powers of search and arrest in respect of offences under section 33
content:
48. —(1) Whenever it appears to any police officer or any officer of the Postal Authority authorised to act for it under this section that an offence under section 33 is being committed or is about to be committed or attempted or whenever it appears that any article is concealed or deposited or contained in or on any vessel, aircraft or vehicle or premises in contravention of those sections, the police officer or the officer of the Postal Authority may, if he or she has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the article is likely to be removed — ( a ) stop and examine the vessel, aircraft or vehicle or enter the premises and there search for and take possession of any article and of any book or document which is reasonably believed to have a bearing on the case; and ( b ) arrest any person being in the vessel, aircraft or vehicle or premises in whose possession the article may be found or whom the police officer or the officer of the Postal Authority may reasonably suspect to have concealed or deposited the article and may search any person so arrested, except that no female is to be searched except by a female. (2) Every person so arrested must, together with any such article, be taken to a police station. (3) In this section, “document” has the meaning given by section 46(10). [34/2007]


document_id: psa-1999
provision_ref: s48A
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 48A
title: Powers of search and arrest in respect of offences under section 39G
content:
48A. —(1) This section applies where it appears to any police officer or any officer of the Postal Authority authorised to act for the Postal Authority under this section (called in this section the authorised officer) that — ( a ) an offence under section 39G is being committed or is about to be committed or attempted; or ( b ) any parcel is concealed, deposited or contained in or on any specified premises in contravention of section 39G. [10/2021] (2) The police officer or the authorised officer may, if the police officer or the authorised officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the parcel is likely to be removed — ( a ) enter and search the specified premises; ( b ) take possession of any parcel or other article or thing, or take copies of or extracts from any book or document, which is reasonably believed to have a bearing on the case; and ( c ) arrest any person in the specified premises in whose possession the parcel, article or thing may be found or whom the police officer or the authorised officer reasonably suspects to have concealed or deposited the parcel, article or thing and may search any person so arrested, except that a woman must not be searched except by another woman. [10/2021] (3) Every person arrested under subsection (2)( c ), and every article seized under subsection (2)( b ), must be taken to a police station. [10/2021] (4) In this section — “document” has the meaning given by section 46(10); “specified premises” has the meaning given by section 23A. [10/2021]


document_id: psa-1999
provision_ref: s48B
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 48B
title: Powers of inspection, search, seizure, etc., in relation to public parcel lockers
content:
48B. —(1) This section applies where there are reasonable grounds to believe that any parcel or other article or thing is or has been placed in a public parcel locker and — ( a ) the parcel, article or thing is the subject matter of, or is connected with the commission of, an offence under this Act or any regulations made under this Act; or ( b ) the continued presence of the parcel, article or thing in the public parcel locker is contrary to public security or public health. [10/2021] (2) A police officer or an officer of the Postal Authority authorised to act for the Postal Authority under this section may — ( a ) open and search any public parcel locker in which a parcel, an article or a thing mentioned in subsection (1) is believed to be placed; and ( b ) inspect, examine and seize any parcel, article or thing found in the public parcel locker mentioned in paragraph ( a ). [10/2021]


document_id: psa-1999
provision_ref: s48C
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 48C
title: Disposal of letters or parcels seized in relation to offences under section 33 or 39G
content:
48C. —(1) Where any letter connected with an offence under section 33 is seized under section 48 or any other written law, the Postal Authority may take any action as it deems appropriate to deliver the letter to its intended addressee or return the letter to its sender. [10/2021] (2) Where any parcel connected with an offence under section 39G is seized under section 48A or any other written law, the Postal Authority may take any action as it deems appropriate to deliver the parcel to its intended recipient or return the parcel to the person who sent the parcel. [10/2021] (3) Subsection (1) or (2) applies whether upon the conclusion of the Postal Authority’s investigation into the offence or otherwise. [10/2021]


document_id: psa-1999
provision_ref: s48D
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 48D
title: Disposal of articles, documents, letters, parcels, etc.
content:
48D. —(1) Subject to sections 23(3) and (5), 23R(4) and 48C, an article, a document, a letter, a parcel or a thing produced, detained or seized under this Act must — ( a ) where the article, document, letter, parcel or thing is produced in any criminal trial — be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010; ( b ) in the case of a letter or parcel that is not produced in a criminal trial — be delivered to its intended addressee or recipient or returned to its sender or reported to a Magistrate’s Court; or ( c ) in any other case — be returned to its owner or reported to a Magistrate’s Court. [10/2021] (2) Where the report of any article, document, letter, parcel or thing is made to a Magistrate’s Court under subsection (1)( b ) or ( c ), the Magistrate’s Court may order the article, document, letter, parcel or thing, as the case may be — ( a ) to be forfeited; or ( b ) to be disposed of in any manner that the Magistrate’s Court thinks fit. [10/2021] (3) This section does not affect any right to retain or dispose of property which may exist in law apart from this section. [10/2021]


document_id: psa-1999
provision_ref: s49
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 49
title: Obstruction of police officer or officer of Postal Authority
content:
49. Any person who intentionally obstructs a police officer or any officer of the Postal Authority authorised to act for the Postal Authority in the execution of his or her duty under section 48 shall be guilty of an offence.


document_id: psa-1999
provision_ref: s50
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 50
title:
No costs or damages or other relief arising from seizure to be recoverable unless seizure without reasonable or probable cause

content:
50. —(1) No person is, in any proceedings before any court in respect of any equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, article, book or document or the payment of their value unless the seizure was made without reasonable or probable cause. [34/2007] (2) In this section, “document” has the meaning given by section 46(10). [34/2007]


document_id: psa-1999
provision_ref: s51
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 51
title: Composition of offences
content:
51. —(1) An officer or employee of the Postal Authority specially authorised by name in that behalf by the Postal Authority 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 ) $5,000; ( b ) one half the maximum fine prescribed for that offence. [34/2007] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [34/2007] (3) The Postal Authority may, with the approval of the Minister, make regulations prescribing the offences that may be compounded.


document_id: psa-1999
provision_ref: s52
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 52
title: General penalties
content:
52. Any person guilty of an offence under this Act or any regulations made under this Act for which no penalty is expressly provided shall, in addition to the forfeiture of any article seized, be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [34/2007]


document_id: psa-1999
provision_ref: s53
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 53
title: Saving of prosecutions under other written laws
content:
53. —(1) Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or any regulations made under this Act, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act or the regulations. (2) A person must not be punished twice for the same offence.


document_id: psa-1999
provision_ref: s54
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 54
title: Jurisdiction of Courts
content:
54. A Magistrate’s Court or a District Court has jurisdiction to hear and determine all offences under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of any offence under this Act.


document_id: psa-1999
provision_ref: s55
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 55
title: Offences by corporations
content:
55. —(1) Where, in a proceeding for an offence under this Act or any regulations made 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 the actual or apparent authority of the officer, employee or agent; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. [10/2021] (2) Where a corporation commits an offence under this Act or any regulations made 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. [10/2021] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. [10/2021] (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. [10/2021] (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. [10/2021] (6) 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 were 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. [10/2021] (7) This section does not apply to or in relation to an offence under this Act or any regulations made under this Act committed by a corporation before 14 May 2021. [10/2021]


document_id: psa-1999
provision_ref: s55A
chapter: PART 7 - ENFORCEMENT POWERS AND PROCEDURES
section: 55A
title: Offences by unincorporated associations or partnerships
content:
55A. —(1) Where, in a proceeding for an offence under this Act or any regulations made under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of the actual or apparent authority of the employee or agent; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. [10/2021] (2) Where an unincorporated association or a partnership commits an offence under this Act or any regulations made under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be) and shall be liable on conviction to be punished accordingly. [10/2021] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. [10/2021] (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. [10/2021] (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. [10/2021] (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [10/2021] (7) This section does not apply to or in relation to an offence under this Act or any regulations made under this Act committed by an unincorporated association or a partnership before 14 May 2021. [10/2021]


document_id: psa-1999
provision_ref: s56
chapter: PART 8 - GENERAL PROVISIONS
section: 56
title: Appeal to Minister
content:
56. —(1) Any postal licensee who is aggrieved by — ( a ) any decision of the Postal Authority in the exercise of any discretion vested in the Postal Authority by or under this Act; or ( b ) anything contained in any code of practice or standard of performance under section 24 or 26C, or any direction of the Postal Authority given under section 25, 26D or 26F(2), may, within 14 days after being notified of the decision or direction or the issue or approval of the code of practice or standard of performance, as the case may be (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 14 days), appeal to the Minister in the prescribed manner. [34/2007] (2) Any person (other than a postal licensee) who is aggrieved by any decision or direction of the Postal Authority given by or under section 6(1), 9(1), 26B or 26D, may, within 14 days after being notified of the decision or direction (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 14 days), appeal to the Minister in the prescribed manner. [34/2007] (3) Any person (other than the public parcel locker network operator) who is aggrieved by — ( a ) any decision of the Postal Authority under section 23J(5), 23M(8) or 23N(1)( a ) or (5); or ( b ) anything contained in any code of practice issued under section 23M(1), or any direction of the Postal Authority given under section 23O(2)( a ), may, within 14 days after being notified of the decision or direction or the issue of the code of practice, as the case may be (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 14 days), appeal to the Minister in the prescribed manner. [10/2021] (4) Any person who makes an appeal to the Minister under subsection (1), (2) or (3) must, within the period specified therein — ( a ) state as concisely as possible the circumstances under which the appeal arises, the issues and grounds for the appeal; and ( b ) submit to the Minister all relevant facts, evidence and arguments for or against the appeal, as the case may be. [34/2007; 10/2021] (5) Where an appeal has been made to the Minister under subsection (1), (2) or (3), the Minister may require — ( a ) any party to the appeal; and ( 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 mentioned in that subsection, to provide the Minister with all such information as the Minister may require for the purpose of considering the appeal and making a determination for resolving it, and any person so required to provide such information must provide it in the manner and within the period that the Minister may specify. [34/2007; 10/2021] (6) The Minister may reject any appeal of an appellant who fails to comply with subsection (4) or (5). [34/2007] (7) Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or other thing appealed against must be complied with until the determination of the appeal. [34/2007] (8) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Postal Authority or by amending any code of practice or standard of performance. [34/2007] (9) The decision of the Minister in any appeal is final. [34/2007]


document_id: psa-1999
provision_ref: s57
chapter: PART 8 - GENERAL PROVISIONS
section: 57
title: Exclusion of liability of public postal licensees and public parcel locker network operator
content:
57. —(1) A public postal licensee shall not be liable in respect of any injury, loss or damage suffered by any person by reason of — ( a ) any loss, misdelivery or delay of or damage to any postal article in the course of transmission by post; ( b ) any failure to provide or delay in providing any postal service or any equipment associated therewith or service ancillary thereto; ( c ) any failure, interruption, suspension or restriction of any postal service or service ancillary thereto or delay of, or fault in, any communication by post; ( d ) any loss of secrecy in communication arising from the use of any postal service; or ( e ) any wrong payment or delay in payment in connection with any remittance of money through the public postal licensee or any other irregularity in the document used in connection with the remittance, which is due to the act or default of another person, or an accident or some other cause beyond the control of the public postal licensee. [10/2021] (2) Despite subsection (1), in the event of the loss of or damage to any article enclosed in or forming part of a parcel or an insured postal article, or the loss of any registered postal article while in the custody of a public postal licensee, the licensee may pay an indemnity in accordance with the provisions of the Convention regulating the affairs of the Universal Postal Union or any international agreement to which Singapore is a party. (3) The public parcel locker network operator is not liable in respect of any injury, loss or damage suffered by any person by reason of any of the following, which is due to the act or default of another person, or an accident or other cause beyond the control of the public parcel locker network operator: ( a ) any loss of or damage to any parcel that is placed in any public parcel locker; ( b ) the non‑receipt or late receipt by the intended recipient of any parcel placed in any public parcel locker; ( c ) the non‑collection or late collection by a delivery service provider of any parcel placed in any public parcel locker; ( d ) the inability to use, or any interruption, suspension or restriction of the use of, a public parcel locker; ( e ) any loss of secrecy in communication arising from the use of a public parcel locker. [10/2021]


document_id: psa-1999
provision_ref: s58
chapter: PART 8 - GENERAL PROVISIONS
section: 58
title: Exemption from distress and attachment
content:
58. —(1) The following are not subject to distress, and are not liable to be taken under or pursuant to an enforcement order of a court in any bankruptcy or insolvency proceedings against any person, without the prior written approval of the Minister: ( a ) in relation to a public postal licensee — any installation or plant used for posts of the licensee; ( b ) in relation to the public parcel locker network operator — any public parcel locker, related installation or related software. [10/2021] [Act 25 of 2021 wef 01/04/2022] (2) Every installation or plant used for posts placed under, over, along, across, in or upon any property by a public postal licensee remains the property of the licensee whether or not it has become in whole or in part a fixture. (3) Every public parcel locker and related installation installed by the public parcel locker network operator remains the property of the public parcel locker network operator whether or not it has become in whole or in part a fixture. [10/2021]


document_id: psa-1999
provision_ref: s59
chapter: PART 8 - GENERAL PROVISIONS
section: 59
title: Service of documents
content:
59. —(1) Unless otherwise expressly provided in this Act, any notice, order or document required or authorised by this Act or any regulations made under this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act or any regulations made under this Act may be served on the person concerned — ( a ) by delivering it to the person or to some adult member or employee of his or her family at his or her last known place of residence; ( b ) by leaving it at his or her usual or last known place of residence or place of business in a cover addressed to him or her; ( c ) by affixing it to some conspicuous part of his or her last known place of residence; ( d ) by sending it by registered post addressed to the person at his or her usual or last known place of residence or place of business; or ( e ) where the person is a body corporate — (i) by delivering it to the secretary or other similar officer of the body corporate at its registered or principal office; or (ii) by sending it by registered post addressed to the body corporate at its registered or principal office. (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered and in proving service of the same it is sufficient to prove that the envelope containing the notice, order, document or summons was properly addressed, stamped and posted by registered post.


document_id: psa-1999
provision_ref: s60
chapter: PART 8 - GENERAL PROVISIONS
section: 60
title: Exemption by Minister
content:
60. The Minister may exempt any person or class of persons from all or any of the provisions of this Act.


document_id: psa-1999
provision_ref: s61
chapter: PART 8 - GENERAL PROVISIONS
section: 61
title: Regulations
content:
61. —(1) The Postal Authority may, with the approval of the Minister, make regulations for any purpose for which regulations are required to be made under this Act and generally for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Postal Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters: ( a ) the classes and the conditions for the grant of licences by the Postal Authority; ( b ) the acceptance, transmission by post, detention and disposal of postal articles; ( c ) the supply, sale and use of postage stamps; ( d ) the import, manufacture, sale, supply and use of franking machines; ( e ) the limit of amount of money that may be remitted through a public postal licensee mentioned in section 11(1) and the manner and conditions under which such money may be remitted; ( f ) the articles or things which may not be transmitted by post; ( g ) the types of articles not to be treated as letters; ( h ) the manner of receiving, delivering, collecting and distributing mail bags and postal articles, including facilitating access for postal licensees to letter boxes; ( i ) the conditions and restrictions for the payment of indemnity for the loss of or damage to postal articles where indemnity is payable under this Act; ( j ) the registration of postal articles and the cases where insurance of postal articles may be required; ( k ) the installation, operation and maintenance of the public parcel locker network; ( l ) the fees and charges to be paid in respect of any matter or anything done, or any services rendered, by the Postal Authority under or by virtue of this Act, including a code of practice or standard of performance; ( m ) the waiver or refund, in whole or in part, by authorised officers of the Postal Authority of any such fees in the circumstances of any particular case; ( n ) the interest (such interest, if unpaid, to constitute a debt due to the Postal Authority and be recoverable as such) to be paid for late payment of any fees or charges prescribed under this Act. [34/2007; 10/2021]


document_id: psa-2019
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Payment Services Act 2019. (2) Section 113 comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: psa-2019
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “5% controller”, in relation to a corporation (being a licensee or an operator of a designated payment system), means a person that alone or together with the person’s associates — ( a ) has an interest in at least 5%, but less than 12%, of the shares in the corporation; or ( b ) is in a position to control at least 5%, but less than 12%, of the votes in the corporation; “12% controller”, in relation to a corporation (being a licensee or an operator of a designated payment system), means a person that alone or together with the person’s associates — ( a ) has an interest in at least 12%, but less than 20%, of the shares in the corporation; or ( b ) is in a position to control at least 12%, but less than 20%, of the votes in the corporation; “20% controller”, in relation to a corporation (being a licensee or an operator of a designated payment system), means a person that alone or together with the person’s associates — ( a ) has an interest in at least 20% of the shares in the corporation; or ( b ) is in a position to control at least 20% of the votes in the corporation; “access”, in relation to a payment system, means an entitlement or eligibility to be a participant in the payment system; “access regime”, in relation to a payment system, means an access regime imposed by the Authority under section 51 and that is in force; “account issuance service” has the meaning given by Part 3 of the First Schedule; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “Authority” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act 1970; “bank”, “bank in Singapore” and “banking business” have the meanings given by section 2(1) of the Banking Act 1970; “book” includes any record, register, document or other record of information and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or by electronic process or otherwise; “calendar year” means a period from 1 January to 31 December (both dates inclusive); “chief executive officer”, in relation to a corporation, means a person (however designated) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the corporation; and ( b ) is principally responsible for the management and conduct of the business of the corporation; “company” and “corporation” have the meanings given by section 4(1) of the Companies Act 1967; “consolidated financial statements” has the meaning given by section 209A of the Companies Act 1967; “credit card” and “charge card” have the meaning given by section 56 of the Banking Act 1970; “cross‑border money transfer service” has the meaning given by Part 3 of the First Schedule; “currency” means currency notes and coins that are legal tender in Singapore or a country or territory other than Singapore; “deposit” and “deposit‑taking business” have the meanings given by section 4B of the Banking Act 1970; “designated payment system” means a payment system that is designated by the Authority under section 42 to be a designated payment system for the purposes of this Act; “digital payment token” means any digital representation of value (other than an excluded digital representation of value) that — ( a ) is expressed as a unit; ( b ) is not denominated in any currency, and is not pegged by its issuer to any currency; ( c ) is, or is intended to be, a medium of exchange accepted by the public, or a section of the public, as payment for goods or services or for the discharge of a debt; ( d ) can be transferred, stored or traded electronically; and ( e ) satisfies such other characteristics as the Authority may prescribe; [ Deleted by Act 1 of 2021 wef 04/04/2024 ] “digital payment token account” means any account, or any device or facility (whether in physical or electronic form), that contains digital payment tokens; [Act 1 of 2021 wef 04/04/2024] “digital payment token instrument” and “digital payment token service” have the meanings given by Part 3 of the First Schedule; [Act 1 of 2021 wef 04/04/2024] “director” has the meaning given by section 4(1) of the Companies Act 1967; “domestic money transfer service” has the meaning given by Part 3 of the First Schedule; “e‑money” means any electronically stored monetary value that — ( a ) is denominated in any currency, or pegged by its issuer to any currency; ( b ) has been paid for in advance to enable the making of payment transactions through the use of a payment account; ( c ) is accepted by a person other than its issuer; and ( d ) represents a claim on its issuer, but does not include any deposit accepted in Singapore, from any person in Singapore; “e‑money issuance service” has the meaning given by Part 3 of the First Schedule; “employee”, in relation to an employer, includes an individual seconded or temporarily transferred to the employer from another employer; “entity” means any body corporate or unincorporate, whether incorporated, formed or established in or outside Singapore; “excluded digital representation of value” means a digital representation of value that is prescribed by the Authority as an excluded digital representation of value; “executive director” means a director who is concurrently an executive officer; “executive officer”, in relation to a corporation, means any individual (however designated) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the corporation; and ( b ) is concerned with or takes part in the management of the corporation on a day‑to‑day basis; “exempt payment service provider”, in respect of any payment service, means a person that is exempt under section 13(1) from the requirement under section 5(1) to have in force a licence that entitles the person to carry on a business of providing that payment service; “financial regulatory authority”, in relation to a foreign country or territory, means an authority of the foreign country or territory exercising any function that corresponds to a regulatory function of the Authority under this Act, the Monetary Authority of Singapore Act 1970 or any of the written laws set out in the Schedule to that Act; “financial statements” has the meaning given by section 209A of the Companies Act 1967; “financing business” has the meaning given by section 2 of the Finance Companies Act 1967; “Guidelines on Fit and Proper Criteria” means the document (as revised from time to time) that is called by that title, issued by the Authority and published on the Authority’s website; “indirect controller”, in relation to a corporation (being a licensee or an operator of a designated payment system) — ( a ) means any person, whether acting alone or together with any other person, and whether with or without holding shares or controlling voting power in the corporation — (i) in accordance with whose directions, instructions or wishes the directors of the corporation are accustomed or under an obligation, whether formal or informal, to act; or (ii) that is in a position to determine the policy of the corporation; but ( b ) excludes any person — (i) who is a director or other officer of the corporation and whose appointment has been approved by the Authority; or (ii) in accordance with whose directions, instructions or wishes the directors of the corporation are accustomed to act by reason only that they act on advice given by the person in the person’s professional capacity; “licence” means a licence granted under section 6; “licensee” means a payment service provider the licence of which is in force; “limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005; “major payment institution” means a person that has in force a major payment institution licence granted under section 6; “merchant” means a person (other than an individual who is not required to be registered under the Business Names Registration Act 2014) who, in the course of the person’s business — ( a ) provides goods or services; ( b ) promotes the use or purchase of goods or services; or ( c ) receives, or is entitled to receive, any money or other consideration for providing goods or services, and includes any employee or agent of the person; “merchant acquisition service” has the meaning given by Part 3 of the First Schedule; “money” includes e‑money but excludes any digital payment token and any excluded digital representation of value; “money-changing service” has the meaning given by Part 3 of the First Schedule; “operator”, in relation to a payment system, means a person that operates the payment system; “participant”, in relation to a payment system, means any person that is recognised in the rules of the payment system, or is otherwise recognised by the operator or settlement institution of the payment system, as being eligible to settle payments through the payment system with other persons that are similarly recognised, or to process payments through the payment system; “partner”, in relation to a limited liability partnership, has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “payee” means a person that is the intended recipient of money that is the subject of a payment transaction; “payer” means a person that initiates, or consents to the initiation of, a payment order for the transfer of money; “payment account” — ( a ) means any account, or any device or facility (whether in physical or electronic form), that — (i) is held in the name, or associated with the unique identifier, of any person, and is used by that person for the initiation of a payment order or the execution of a payment transaction, or both; or (ii) is held in the names, or associated with the unique identifiers, of 2 or more persons, and is used by any of those persons for the initiation of a payment order or the execution of a payment transaction, or both; and ( b ) includes a bank account, debit card, credit card or charge card; “payment order” means an instruction to a payment service provider requesting for the execution of a payment transaction; “payment service” means any service that is specified in Part 1 of the First Schedule, but excludes any service that is specified in Part 2 of that Schedule; “payment service provider” means any person that provides a payment service; “payment service user” means any person that uses a payment service in the capacity of a payer or a payee, or of both; “payment system” means a funds transfer system or other system that facilitates the circulation of money, and includes any instruments and procedures that relate to the system; “payment transaction” means the placing, transfer or withdrawal of money, whether for the purpose of paying for goods or services or for any other purpose, and regardless of whether the intended recipient of the money is entitled to the money; “permanent place of business”, in relation to a licensee, or an operator or a settlement institution of a designated payment system, means each fixed location in Singapore used by the licensee, operator or settlement institution for carrying on its business, regardless whether the business is carried on within a single building or at a single business address; “place of business”, in relation to a licensee, or an operator or a settlement institution of a designated payment system, means any location (including a kiosk that can be moved from one location to another) in Singapore used by the licensee, operator or settlement institution for carrying on its business; “prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of 


document_id: psa-2019
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application of Act
content:
3. —(1) Subject to subsection (2), this Act does not apply to any public authority. (2) The Minister may by order declare that a public authority is one to which this Act applies.


document_id: psa-2019
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Appointment of assistants
content:
4. —(1) Subject to subsection (2), the Authority may appoint any person to exercise any of its powers or perform any of its functions or duties under this Act, either generally or in any particular case, except — ( a ) the power of appointment conferred by this subsection; and ( b ) the power to make subsidiary legislation. (2) The Authority may appoint one or more of its officers to exercise the power, under a provision of this Act specified in the Second Schedule, to grant an exemption to a particular person, or to revoke any such exemption. [Act 5 of 2025 wef 09/03/2025] (2A) An appointment under subsection (2) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (3) Any person appointed under subsection (1) or officer appointed under subsection (2) is taken to be a public servant for the purposes of the Penal Code 1871.


document_id: psa-2019
provision_ref: s5
chapter: PART 2 - LICENSING OF PAYMENT SERVICE PROVIDERS
section: 5
title: Licensing of payment service providers
content:
5. —(1) A person must not carry on a business of providing any type of payment service in Singapore, unless the person — ( a ) has in force a licence that entitles the person to carry on a business of providing that type of payment service; or ( b ) is an exempt payment service provider in respect of that type of payment service. (2) For the purposes of subsection (1), where a person provides any type of payment service while the person carries on any business (called in this subsection the primary business) — ( a ) the person is presumed to carry on a secondary business of providing that type of payment service, regardless whether the provision of that type of payment service is related or incidental to the primary business; and ( b ) the presumption in paragraph ( a ) is not rebutted by proof that the provision of that type of payment service is related or incidental, or is both related and incidental, to the primary business. (3) A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.


document_id: psa-2019
provision_ref: s6
chapter: PART 2 - LICENSING OF PAYMENT SERVICE PROVIDERS
section: 6
title: Application for licence
content:
6. —(1) A person that wishes to carry on a business of providing any type of payment service may apply to the Authority, in such form and manner as the Authority may require, for the appropriate licence under this section. (2) The types of licences that may be applied for under subsection (1) are as follows: ( a ) a money‑changing licence; ( b ) a standard payment institution licence; ( c ) a major payment institution licence. (3) A person must have in force a money‑changing licence to be entitled to carry on a business of providing a money‑changing service, unless the person has in force a standard payment institution licence or major payment institution licence that entitles the person to carry on a business of providing that service. (4) A person must have in force a standard payment institution licence or a major payment institution licence to be entitled to carry on a business of — ( a ) providing one of the following payment services: (i) an account issuance service; (ii) a domestic money transfer service; (iii) a cross‑border money transfer service; (iv) a merchant acquisition service; (v) an e‑money issuance service; (vi) a digital payment token service; or ( b ) providing 2 or more of the following payment services: (i) an account issuance service; (ii) a domestic money transfer service; (iii) a cross‑border money transfer service; (iv) a merchant acquisition service; (v) an e‑money issuance service; (vi) a digital payment token service; (vii) a money‑changing service. (5) Despite subsection (4), a licensee must have in force a major payment institution licence if — ( a ) both of the following apply: (i) the licensee carries on a business of providing one or more of the following payment services: (A) an account issuance service (other than an e‑money account issuance service); (B) a domestic money transfer service; (C) a cross‑border money transfer service; (D) a merchant acquisition service; (E) a digital payment token service; (ii) the average, over a calendar year, of the total value of all payment transactions that are accepted, processed or executed by the licensee in one month exceeds — (A) $3 million (or its equivalent in a foreign currency), for any one of those payment services; or (B) $6 million (or its equivalent in a foreign currency), for 2 or more of those payment services; ( b ) both of the following apply: (i) the licensee carries on a business of providing an e‑money account issuance service; (ii) the sum of the following amounts exceeds $5 million (or its equivalent in a foreign currency): (A) the average, over a calendar year, of the total value in one day of all e‑money that is stored in any payment account issued by the licensee to a person whom the licensee has determined, according to such criteria as the Authority may specify by written notice, to be resident in Singapore; (B) the average, over a calendar year, of the total value in one day of all e‑money that is issued in Singapore, and is stored in any payment account issued by the licensee to any person whom the licensee has not determined, according to such criteria as the Authority may specify by written notice, to be resident outside Singapore; or ( c ) both of the following apply: (i) the licensee carries on a business of providing an e‑money issuance service; (ii) the average, over a calendar year, of the total value in one day of all specified e‑money that is issued by the licensee exceeds $5 million (or its equivalent in a foreign currency). (6) Where any licensee mentioned in subsection (5)( a )(i), ( b )(i) or ( c )(i) does not have in force a major payment institution licence on the relevant date — ( a ) that licensee must, within the prescribed period, apply under section 7(1) to change that licensee’s licence to a major payment institution licence; and ( b ) subsection (5) does not apply to that licensee — (i) during the prescribed period mentioned in paragraph ( a ); and (ii) if that licensee complies with paragraph ( a ), until the date on which the application mentioned in that paragraph — (A) is withdrawn by the licensee; or (B) is approved or refused by the Authority. (7) Upon receiving an application under subsection (1), the Authority may — ( a ) grant a licence to the applicant, in respect of one or more types of payment services, with or without conditions; or ( b ) refuse to grant a licence. (8) Where an applicant has applied for a money‑changing licence, the Authority must not grant the licence to the applicant unless — ( a ) the applicant has a permanent place of business, or a registered office in Singapore; ( b ) the Authority — (i) is satisfied that the applicant is a fit and proper person under the Guidelines on Fit and Proper Criteria; (ii) is satisfied as to the financial condition of the applicant; (iii) is satisfied that the public interest will be served by the granting of the licence; and (iv) is satisfied that the applicant meets such other criteria for the grant of the licence as the Authority considers relevant; and ( c ) the application is accompanied by — (i) such information as the Authority may require; and (ii) a non‑refundable application fee of a prescribed amount that is payable in such manner as the Authority may specify. (9) Where an applicant has applied for a standard payment institution licence or major payment institution licence, the Authority must not grant the licence to the applicant unless — ( a ) the applicant is a company, or is a corporation formed or incorporated outside Singapore; ( b ) the applicant has a permanent place of business, or a registered office in Singapore; ( c ) an executive director of the applicant — (i) is a citizen or permanent resident of Singapore; or (ii) if the applicant satisfies such conditions as may be prescribed, belongs to a prescribed class of persons; ( d ) the applicant satisfies such financial requirements as may be prescribed; ( e ) the Authority — (i) is satisfied that the applicant is a fit and proper person under the Guidelines on Fit and Proper Criteria; (ii) is satisfied as to the financial condition of the applicant; (iii) is satisfied that the public interest will be served by the granting of the licence; and (iv) is satisfied that the applicant meets such other criteria for the grant of the licence as the Authority considers relevant; ( f ) the applicant satisfies such operational requirements as the Authority may specify; and ( g ) the application is accompanied by — (i) such information as the Authority may require; and (ii) a non‑refundable application fee of a prescribed amount that is payable in such manner as the Authority may specify. (10) The Authority may at any time add to, vary or revoke any of the conditions of a licence imposed under subsection (7)( a ) or this subsection. (11) The Authority must not refuse an application under subsection (1) without giving the applicant an opportunity to be heard. (12) Every standard payment institution and every major payment institution must, while its licence is in force, satisfy — ( a ) such financial requirements as may be prescribed; and ( b ) such operational requirements and other requirements as the Authority may specify by written notice. (13) A standard payment institution or major payment institution that fails to comply with any requirement mentioned in subsection (12) must immediately notify the Authority of the failure. (14) Where a standard payment institution or major payment institution fails to comply with any requirement under subsection (12) — ( a ) the Authority may, by written notice to that institution, do either or both of the following: (i) restrict or suspend the operations of that institution; (ii) give such directions to that institution as the Authority considers appropriate; and ( b ) that institution must comply with that notice. (15) A licensee that contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. (16) A licensee that, without reasonable cause, contravenes subsection (12), or fails to comply with any condition imposed by the Authority under subsection (7)( a ) or (10), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (17) In this section — “e‑money account issuance service” means an account issuance service where each payment account issued stores e‑money; “relevant date” means — ( a ) in relation to a licensee mentioned in subsection (5)( a )(i), the date on which subsection (5)( a )(ii) first applies to that licensee; ( b ) in relation to a licensee mentioned in subsection (5)( b )(i), the date on which subsection (5)( b )(ii) first applies to that licensee; or ( c ) in relation to a licensee mentioned in subsection (5)( c )(i), the date on which subsection (5)( c )(ii) first applies to that licensee.


document_id: psa-2019
provision_ref: s7
chapter: PART 2 - LICENSING OF PAYMENT SERVICE PROVIDERS
section: 7
title: Variation or change of licence
content:
7. —(1) A licensee may apply to the Authority, in the form and manner prescribed, for any of the following things: ( a ) a variation of the licensee’s standard payment institution licence or major payment institution licence by changing the types of payment services that the licence entitles the licensee to carry on a business of providing; ( b ) a change of the licensee’s money‑changing licence to a standard payment institution licence or a major payment institution licence; ( c ) a change of the licensee’s standard payment institution licence to a money‑changing licence or a major payment institution licence; ( d ) a change of the licensee’s major payment institution licence to a money‑changing licence or a standard payment institution licence. (2) The Authority may require an applicant to provide the Authority with such information or documents in relation to the application as the Authority considers necessary. (3) An application under subsection (1) must be accompanied by a non‑refundable application fee of the prescribed amount that is payable in such manner as the Authority may specify by written notice. (4) The Authority may approve an application under subsection (1) subject to such conditions or restrictions as the Authority thinks fit, or may refuse the application. (5) The Authority must not refuse an application under subsection (1) without giving the applicant an opportunity to be heard.


document_id: psa-2019
provision_ref: s8
chapter: PART 2 - LICENSING OF PAYMENT SERVICE PROVIDERS
section: 8
title: Holding out as licensee, etc.
content:
8. —(1) A person — ( a ) must not hold the person out as carrying on a business of providing any type of payment service, unless the person is a licensee that is entitled to carry on a business of providing that type of payment service, an exempt payment service provider in respect of that type of payment service, or a person exempt under section 100 in respect of that type of payment service; and ( b ) must not hold the person out as a licensee, unless the person has in force a licence. (2) A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.


