# legal_provisions

document_id: epma-1999
provision_ref: s51A
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 51A
title: Fees, etc., payable to Agency
content:
51A. All fees, charges, composition fines and moneys collected under this Act must be paid to the Agency.


document_id: epma-1999
provision_ref: s52
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 52
title: Occupier may execute work where owner defaults in execution of work
content:
52. —(1) Whenever an owner of any premises defaults in the execution of any work required under this Act to be executed by the owner, an occupier of the premises may, with the approval of the Director‑General, cause the work to be executed. (2) The expense of the work executed under subsection (1) must be paid to the occupier by the owner of the premises or the amount may be deducted from the rent from time to time becoming due from the occupier to the owner. (3) The occupier of the premises may, in the absence of any special agreement to the contrary, retain possession until the expense of the work executed under subsection (1) has been fully reimbursed to the occupier.


document_id: epma-1999
provision_ref: s53
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 53
title: Recovery of costs and expenses payable by owners
content:
53. —(1) All sums payable by or recoverable from an owner of any premises in respect of costs and expenses incurred by the Agency in connection with the execution of any work which are under this Act recoverable from an owner of any premises are, subject to and without affecting any other rights of the Agency, a first charge on the premises in respect of which the costs and expenses were incurred. (2) In addition to any other remedies conferred by this Act, the sum may be recovered in the manner provided in this section, and the person or persons liable to pay are the owner or owners at the time when the work was completed. (3) If the sum remains unpaid at the expiry of the prescribed time, a notice must be served upon the person or any one of the persons (if more than one) liable to pay it, calling on the person or persons to pay that sum together with a fee of any amount that may be prescribed for the cost of the notice, within 15 days of the date the notice is served. (4) Without affecting section 66, if no person liable to pay the sum can be found, such notice is deemed to have been duly served — ( a ) by posting the notice at the office of the Director‑General; and ( b ) by fixing a copy of the notice on some conspicuous part of the premises in respect of which the costs and expenses were incurred. (5) At the expiry of the period of 15 days or any further period that the Director‑General may allow, if the sum or part of the sum remains due and unpaid, it is deemed to be arrears and may be recovered as provided in section 55. (6) The charge mentioned in subsection (1) attaches, and the powers and remedies conferred by subsections (2) to (5) become exercisable, as from the date the work is completed. (7) Despite any change in the ownership or occupation of the premises after the work is completed, the charge and the powers and remedies mentioned in subsection (6) may be exercised against the premises or against any movable property or crops for the time being found thereon. (8) An occupier who, when requested by or on behalf of the Director‑General to state the name of the owner of the premises, refuses or wilfully omits to disclose or wilfully misstates the name shall, unless the occupier shows cause to the satisfaction of the court for the occupier’s refusal or misstatement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: epma-1999
provision_ref: s54
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 54
title: Recovery of costs and expenses by instalments
content:
54. —(1) When the Director-General has incurred costs and expenses in or about the execution of any work, which are, under this Act, payable by or recoverable from an owner, the Director‑General may — ( a ) recover those costs and expenses in the manner provided in section 53; or ( b ) if he or she thinks fit, make an arrangement with the owner for the payment of any instalments that will be sufficient to defray the whole amount of the costs and expenses with interest thereon at the prescribed rate, within a period not exceeding 10 years. (2) Upon default in payment of any instalment or interest upon the date appointed for payment thereof by the arrangement, the whole of the balance then outstanding of that amount, together with any interest in arrears, immediately become due and payable and, despite any change in the ownership or occupation of the premises since the date of the arrangement, may be recovered as provided in section 53.


document_id: epma-1999
provision_ref: s55
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 55
title: Proceedings for recovery of arrears
content:
55. —(1) For the recovery of arrears, the Director‑General has and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act, the following powers: ( a ) the Director-General may issue a warrant of attachment and may seize by virtue of the warrant any movable property and crops of any person liable to pay the arrears and may also seize any movable property or crops (to whomever it belongs) which are found on the premises in respect of which the arrears are due and may, after service of the prescribed notice, sell the same by public auction in the prescribed manner; ( b ) the Director-General may, by notice of sale to be served or published in the prescribed manner, declare his or her intention to sell, at the expiry of 3 months from the date of the notice of sale, the premises in respect of which the arrears are due and, if, at the expiry of that period, the arrears have not been paid or satisfied, the Director‑General may sell by public auction, in lots or otherwise, the whole of the premises or any portion of the premises or any interest in the premises as he or she considers sufficient for the recovery of the arrears and costs. (2) The Director-General must not proceed under subsection (1)( b ) to sell the premises in respect of which the arrears are due, or any portion of the premises or interest in the premises, where there is or are upon the premises and liable to be seized and sold under subsection (1)( a ) any movable property or crops belonging to the owner of a value estimated by the Director‑General to be sufficient to realise the sum required to satisfy the arrears and costs. (3) Any tenant, subtenant or occupier ( A ) who, in order to avoid the seizure or sale of A ’s property for arrears payable by the owner of the premises, pays the arrears and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by A from the rent due or to become due by A to A ’s immediate landlord on account of the premises or any part of the premises that is held or occupied by A , and may retain possession until that amount has been fully reimbursed to A whether by deduction from the rent or otherwise. (4) Any tenant or subtenant who has reimbursed, whether by allowing a deduction from the tenant’s or subtenant’s rent or otherwise, any subtenant or occupier holding or occupying under the tenant or subtenant the amount so paid by that subtenant or occupier has a similar right to deduct the amount from the rent due or to become due to the tenant’s or subtenant’s immediate landlord and to retain possession until similarly reimbursed. (5) The receipt by any authorised officer of any amount so paid by any such tenant, subtenant or occupier is deemed an acquittance in full for the like amount of rent. (6) If any premises in respect of which arrears are due, or any movable property or crops that are mentioned in subsection (1) or the proceeds of sale thereof are already in the custody of the law under or pursuant to any enforcement order whereby the Director‑General is unable to exercise the remedies conferred under subsections (1) to (5), the Director‑General — ( a ) may notify the Sheriff or the bailiff of the court concerned of the amount of the arrears; and ( b ) is entitled without obtaining a judgment to be paid that amount out of the proceeds of sale of the premises or property in priority to the judgment debtor and to the judgment creditor and to any other creditor except the Government. [Act 25 of 2021 wef 01/04/2022] (7) A certificate from the Director‑General is, unless it is disputed by the judgment debtor, conclusive evidence of the amount of such arrears, and (in case of dispute) the amount is to be summarily determined by a Magistrate’s Court. (8) Where any premises which is not registered land is sold under subsection (1)( b ), the Director‑General has the power to execute the conveyance and the purchaser of the premises need not be concerned to inquire whether the provisions of this Act relating to the sale and the conveyance have been complied with nor otherwise to inquire into the regularity or validity of the sale and conveyance. (9) Section 144 of the Land Titles Act 1993 applies, with the necessary modifications, to any premises sold under subsection (1)( b ) which is registered land.


document_id: epma-1999
provision_ref: s56
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 56
title: Attachment
content:
56. —(1) The attachment mentioned in section 55(1)( a ) may be made by a person appointed for the purpose by the Director‑General who must give public notice of the attachment in the prescribed manner and must take an inventory of the property attached. (2) A person appointed under subsection (1) is deemed to be a public servant for the purposes of the Penal Code 1871. (3) Such a person may break open in the daytime any house or building for the purpose of effecting the attachment.


document_id: epma-1999
provision_ref: s57
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 57
title: Application of proceeds of sale
content:
57. —(1) The proceeds of a sale under section 55(1) and (2) must be applied firstly in satisfaction of the arrears together with interest on the arrears at the prescribed rate and costs. (2) Where there is any surplus remaining, the Director‑General must — ( a ) if satisfied as to the right of any person claiming the surplus — pay the amount of the surplus to that person; or ( b ) if not so satisfied — hold the amount in trust for the person who may ultimately succeed in due course of law in establishing the person’s title to the surplus. (3) If no title is established to the surplus within a period of 5 years from the date of the sale, it must be paid into the Consolidated Fund.


document_id: epma-1999
provision_ref: s58
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 58
title: Title acquired by purchaser at sale by Director-General
content:
58. —(1) The purchaser at a sale held under section 55(1)( b ) is deemed to have acquired the right offered for sale free from all encumbrances created over it and from all subordinate interests derived from it except any that are expressly reserved by the Director‑General at the time of sale. (2) The Director-General must notify, by an advertisement published in the Gazette , the result of the sale and the conveyance to the purchaser of the property or right offered for sale.


document_id: epma-1999
provision_ref: s59
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 59
title: Costs of proceedings for recovery of arrears
content:
59. All costs of any proceedings for the recovery of arrears may be recovered as if they formed part of the arrears.


document_id: epma-1999
provision_ref: s60
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 60
title: Power to stop sale
content:
60. If any person having any interest in any property liable to be sold at any time before that sale tenders to the Director‑General the arrears with interest and costs, the Director‑General must then desist from all further proceedings in respect of the sale.


document_id: epma-1999
provision_ref: s61
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 61
title: Application to Court
content:
61. —(1) If any person whose movable property, crop or land has been attached or offered for sale disputes the attachment or sale, the person may apply to the General Division of the High Court or, where the arrears do not exceed the District Court’s limit, to a District Court for an order to stay the proceedings. [40/2019] (2) The General Division of the High Court or District Court, after hearing the Director‑General and making any further inquiry that is necessary, may make any order that is just. [40/2019]


document_id: epma-1999
provision_ref: s62
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 62
title: Security for payment of arrears
content:
62. No application may be entertained by the General Division of the High Court or District Court under section 61 unless the applicant has deposited in court the amount of the arrears and costs or furnished security for them to the satisfaction of the General Division of the High Court or District Court. [40/2019]


document_id: epma-1999
provision_ref: s63
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 63
title: Liability of transferor who has not given notice
content:
63. —(1) Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the Agency in connection with the execution of any work which are, under this Act, recoverable from the owner or owners thereof continues to be liable — ( a ) for the payment of all the costs and expenses payable in respect of the property; and ( b ) for the performance of all other obligations imposed by this Act upon the owner of the property, which become payable or are to be performed at any time before such notice of transfer as is required by section 19 of the Property Tax Act 1960 has been given. (2) Nothing in subsection (1) affects the liability of the purchaser or transferee to pay such costs and expenses in respect of the property or affects the right of the Director‑General to recover such costs and expenses or to enforce any obligation under this Act.


document_id: epma-1999
provision_ref: s64
chapter: PART 12 - COMPENSATION, DAMAGES, FEES,
section: 64
title: Proceedings where occupier opposes execution of work
content:
64. —(1) If the occupier of any premises prevents the owner of the premises from carrying into effect in respect of the premises any of the provisions of this Act after the owner has given notice of the owner’s intention to do so to that occupier, a Magistrate’s Court, upon proof of the notice and upon application by the owner, may — ( a ) make a written order, requiring the occupier to permit the owner to execute all works with respect to the premises that are necessary for carrying into effect the provisions of this Act; and ( b ) if it thinks fit, order the occupier to pay to the owner the costs relating to the application or order. (2) If after the expiry of 8 days from the date of the order the occupier continues to refuse to permit the owner to execute the works, the occupier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day during which the occupier so continues to refuse. (3) Every such owner is, during the continuance of such refusal, discharged from any penalty to which the owner might otherwise have become liable by reason of the owner’s default in executing the works.


document_id: epma-1999
provision_ref: s65
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 65
title: Notices, orders and other documents may be given by authorised officer
content:
65. —(1) All notices, orders, receipts, warrants and other documents of any nature which the Director‑General is empowered to give by this Act may, subject to the direction of the Director‑General, be given by any authorised officer on behalf of the Director‑General. (2) Where the notice, order, receipt, warrant or document requires authentication, the signature, or an official fax of the signature, of the Director‑General or any authorised officer affixed thereto is sufficient authentication.


document_id: epma-1999
provision_ref: s66
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 66
title: Service of documents, etc.
content:
66. —(1) Subject to subsection (3), any notice, order or other document required or authorised to be given or served under this Act may be served — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business; (iv) by affixing a copy of the document in a conspicuous place at the usual or last known address of residence or business of the individual; [Act 24 of 2021 wef 28/02/2022] (v) by sending it by fax to the fax number operated at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Agency or an authorised officer by the individual as the fax number for the service of documents on the individual; or [Act 24 of 2021 wef 28/02/2022] (vi) by sending it by email to the individual’s last email address; [Act 24 of 2021 wef 28/02/2022] ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other like officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; [Act 24 of 2021 wef 28/02/2022] (iii) by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; or [Act 24 of 2021 wef 28/02/2022] (iv) by sending it by email to the partnership’s last email address; and [Act 24 of 2021 wef 28/02/2022] ( c ) in the case of any body corporate (including a limited liability partnership) or an unincorporated association — (i) by delivering it to the secretary or other similar officer of the body corporate or unincorporated association or the limited liability partnership’s manager; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; (iii) by sending it by fax to the fax number operated at the registered office or principal office in Singapore of the body corporate or unincorporated association; or (iv) by sending it by email to the last email address of the body corporate or unincorporated association. [Act 24 of 2021 wef 28/02/2022] (2) Service of a notice, an order or other document under this section takes effect — ( a ) if the notice, order or other document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the notice, order or other document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( c ) if the notice, order or other document is sent by prepaid registered post, 2 days after the day the notice, order or other document was posted (even if it is returned undelivered). [Act 24 of 2021 wef 28/02/2022] (3) Any notice, order or other document required or authorised by this Act to be served on the owner or occupier of any premises may be served — ( a ) by delivering it or a true copy thereof to an adult person on the premises; or ( b ) by affixing it to a conspicuous part of the premises if there is no adult person on the premises to whom it can with reasonable diligence be delivered. [12/2011] (4) Any notice, order or other document required or authorised by this Act to be served on the owner or occupier of any premises is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description. [12/2011] (4A) A notice, an order or other document may be served on a person under this Act by email only with that person’s prior written consent. [Act 24 of 2021 wef 28/02/2022] (5) This section does not apply to notices, summonses and other documents to be served in proceedings in court. [12/2011] (6) In this section, “last email address” means the last email address given by the addressee concerned to the person giving or serving the notice, order or other document as the email address for the service of documents under this Act. [Act 24 of 2021 wef 28/02/2022]


document_id: epma-1999
provision_ref: s67
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 67
title: General penalties
content:
67. —(1) Any person who is guilty of an offence under this Act (except for an offence under Part 7) for which no penalty is expressly provided shall be liable — ( a ) on the first conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and ( b ) on a second or subsequent conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. (2) The court before which the conviction is heard may, in addition to the fine, order the person to pay to the Director‑General the amount of any expense in connection with the execution of any work, together with any interest due thereon or any interest certified by the Director‑General to be due from the person at the date of the person’s conviction. (3) The amount may be recovered according to any written law for the time being in force for the recovery of fines.


document_id: epma-1999
provision_ref: s68
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 68
title: Furnishing of deposits
content:
68. —(1) Where any permit, consent or approval is given by the Director‑General under this Act for the execution of any work, the Director‑General may require a deposit or other security in lieu thereof to be furnished by the person applying for the permit, consent or approval to secure the execution of the work. (2) Where the work is not executed to the satisfaction of the Director‑General, he or she may utilise the deposit or security or any part thereof to make good the defects.


document_id: epma-1999
provision_ref: s69
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 69
title: Inaccuracies in document
content:
69. —(1) No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act, in any way affects the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable. (2) No proceedings taken under or by virtue of this Act are invalid for want of form.


document_id: epma-1999
provision_ref: s69A
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 69A
title: Evidence
content:
69A. —(1) The contents of any document prepared, issued or served under or for the purposes of this Act are, until the contrary is proved, presumed to be correct and the production of any book purporting to contain any apportionment made under this Act shall, without any other evidence, be received as prima facie proof of the making and validity of the apportionment mentioned in the book. (2) All records, registers and other documents kept by the Agency or by any authorised officer for the purposes of this Act are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer or employee of the Agency responsible for the custody thereof to be true copies or extracts (as the case may be) and subscribed by the officer or employee with his or her name and his or her official title is admissible in evidence as proof of the contents of the documents or extracts therefrom.


document_id: epma-1999
provision_ref: s70
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 70
title: Evidence of analyst
content:
70. —(1) The Director-General may, by instrument in writing under the hand of the Director‑General, appoint persons who in his or her opinion are qualified to be analysts for the purposes of this Act. (2) Subject to subsection (3), a certificate of an analyst appointed under subsection (1) stating that the analyst has analysed or examined a substance and stating the result of the analyst’s analysis or examination is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination. (3) A certificate of an analyst mentioned in subsection (2) shall not be received in evidence under that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings. (4) Where a certificate of an analyst appointed under subsection (1) is admitted in evidence under subsection (2), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if the analyst had given evidence of the matters stated in the certificate. (5) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (2) on its production by the prosecution is, unless the contrary is proved, deemed to be such a certificate.


document_id: epma-1999
provision_ref: s71
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 71
title: Offences by bodies corporate, etc.
content:
71. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any act or default on his or her part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [12/2011] (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. [12/2011] (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any act or default on his or her part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [12/2011] (4) Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. [12/2011] (5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any act or default on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [12/2011] (6) In this section — “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. [12/2011] (7) Regulations may provide for the application of any provision of this section, with any modification that the Agency considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore. [12/2011]


document_id: epma-1999
provision_ref: s72
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 72
title: Composition of offences
content:
72. —(1) The Director-General may compound any offence under this Act which is prescribed to be a compoundable offence by accepting from the person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $15,000. [26/2007] (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence except that any compensation, damages, fees, costs or expenses which are provided to be paid under this Act remain payable. (3) Nothing in this section prevents the Director‑General from issuing any further notice in respect of the same matter to the person who has paid the sum of money.


document_id: epma-1999
provision_ref: s73
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 73
title: Jurisdiction of court
content:
73. Despite anything to the contrary contained in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.


document_id: epma-1999
provision_ref: s74
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 74
title: Saving of prosecutions under other laws
content:
74. Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act except that no person may be punished twice for the same offence.


document_id: epma-1999
provision_ref: s75
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 75
title: Exemption
content:
75. The Agency may, subject to the general or special directions of the Minister, either permanently or for any period that the Agency thinks fit, by order in the Gazette , exempt any, or any class of, person, thing, premises or works from any provision of this Act. [Act 24 of 2021 wef 28/02/2022]


document_id: epma-1999
provision_ref: s76
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 76
title: Amendment of Schedules
content:
76. —(1) The Minister may at any time, by order in the Gazette , amend any Schedule except the Third Schedule. (2) The Minister may, in any order made under subsection (1), make any incidental, consequential or supplementary provision that may be necessary or expedient.


document_id: epma-1999
provision_ref: s77
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 77
title: Regulations
content:
77. —(1) The Agency may, with the approval of the Minister, make regulations — ( a ) for or in respect of every purpose which is necessary for carrying out the provisions of this Act; ( b ) for prescribing any matter which is authorised or required under this Act to be prescribed; and ( c ) without limiting paragraphs ( a ) and ( b ) for or in respect of the matters specified in the Third Schedule. (1A) Regulations made under this section may make different provision for different classes, descriptions or types of goods, persons, premises or works. [Act 24 of 2021 wef 28/02/2022] (2) The Agency may, with the approval of the Minister, in making any regulations, provide that any contravention of or failure to comply with the regulations shall be an offence punishable with — ( a ) a fine not exceeding $50,000 or with imprisonment for a term not exceeding 2 years or with both; and ( b ) in the case of a continuing offence, a fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction. (3) All regulations must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: epma-1999
provision_ref: s78
chapter: PART 13 - MISCELLANEOUS PROVISIONS
section: 78
title: Transitional provisions
content:
78. Any licence, permit, document, application, approval, permission, order, direction, ruling or notice issued, made, given or approved by the Director of Environmental Pollution Control under any provision of this Act immediately before 1 July 2002 is deemed to have been issued, made, given or approved under the same provision by the Director‑General.


document_id: esba-2018
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Enterprise Singapore Board Act 2018. (2) Sections 67(2) and 70 come into operation on a date that the Minister appoints by notification in the Gazette .


document_id: esba-2018
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “accreditation mark” means an accreditation mark specified by the Board under section 6(2)( i )(iv); “Board” means the Enterprise Singapore Board established by section 3; “certification mark” means a certification mark specified by the Board under section 6(2)( i )(iv); “Chairperson” means the individual appointed under section 12(1)( a ) as the Chairperson of the Board, and includes any individual appointed under section 14 to act in that capacity; “Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity; “company” means a body corporate and (to avoid doubt) includes a VCC; [S 26/2022 wef 13/01/2022] “Deputy Chairperson” means the Deputy Chairperson of the Board appointed under section 12(1)( b ); “document” includes any device or medium on which information is recorded or stored; “function”, in relation to the Board, means a function conferred on the Board by or under this Act or any other Act; “goods” means any movable property, and includes any commodity, fish, livestock or plant; “inspector” means an inspector appointed under section 33; “International Enterprise Singapore Board” means the International Enterprise Singapore Board established by the International Enterprise Singapore Board Act (Cap. 143B, 2002 Revised Edition) repealed by this Act; “officer”, in relation to the Board, means an employee of the Board and includes an individual under a secondment arrangement which makes available the service of the individual to the Board; “process” means one or more related or interacting activities that use inputs to deliver an intended result, and includes any test method; “product” means any output, tangible or intangible, that results from a process, and includes any goods, material, service, terminology or management system; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “registering authority” means any authority competent under any written law to register a company, firm or other body of persons, or a trade mark or design; “Singapore Rubber Fund” means the Singapore Rubber Fund as defined in the Rubber Industry Act 1992; “Singapore Standard” means a standard established by the Board under section 6(2)( i )(iii); “standard” means a definition, classification, description, requirement, specification, guideline or characteristic, by reference to which a product or process is assessed to be fit for its purpose; “Standards, Productivity and Innovation Board” means the Standards, Productivity and Innovation Board established by the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition) repealed by this Act; “trade mark” has the meaning given by the Trade Marks Act 1998; [S 26/2022 wef 13/01/2022] “VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018. [S 26/2022 wef 13/01/2022]


document_id: esba-2018
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND
section: 4
title: Board is body corporate
content:
4. —(1) The Board — ( a ) is a body corporate with perpetual succession; ( b ) may acquire, hold and dispose of real and personal property; and ( c ) may sue and be sued in its corporate name. (2) The Board may use and operate under the trading name of “Enterprise Singapore”, “ESG” and such other trading names approved by the Minister. (3) The Board must cause notice of every trading name approved under subsection (2) to be published in the Gazette ; but failure to do so does not invalidate the approval or use of that name.


document_id: esba-2018
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND
section: 5
title: Functions of Board
content:
5. —(1) The Board has the following functions: ( a ) to enable Singapore‑based enterprises and other enterprises requiring assistance to create and expand their businesses in domestic and foreign markets; ( b ) to enhance the business environment in Singapore and Singapore’s global and regional connectivity, for Singapore‑based enterprises to create and expand their businesses in foreign markets; ( c ) to promote and facilitate trading in any goods, or derivatives contracts in respect of one or more commodities; ( d ) in relation to commodity trade and industry — (i) to regulate the rubber trade and industry; (ii) to regulate spot commodity trading; and (iii) to promote, develop and maintain the commodity trade and industry in Singapore, including any market involving derivatives contracts in respect of one or more commodities; ( e ) to serve as the national productivity, innovation, standards and accreditation body, which seeks to raise total factor productivity and improve Singapore’s competitiveness; ( f ) [ Deleted by Act 13 of 2025 wef 01/07/2025 ] ( g ) to cooperate and collaborate with the SkillsFuture Singapore Agency established by section 3 of the SkillsFuture Singapore Agency Act 2016, and the Workforce Singapore Agency established by section 3 of the Workforce Singapore Agency Act 2003, in the discharge of their respective functions under those Acts; ( h ) to represent Singapore internationally in matters relating to — (i) trade; and (ii) productivity, innovation, standards, accreditation and conformity assessment; ( i ) to advise and assist the Government, any public authority or any industrial, commercial, trading or other organisation, on matters relating to — (i) the development or regulation of trade, including commodity trade and industry, and to act as agent for the Government or for any person, body or organisation on such matters; and (ii) productivity, innovation, standards and accreditation; ( j ) to perform such other functions as may be conferred on the Board by or under any other Act. (2) In performing the functions conferred on the Board by subsection (1), the Board must have regard to the policies and directions of the Research, Innovation and Enterprise Council established by the National Research Fund Act 2006. (3) The Board may also undertake such other functions as the Minister may, by notification in the Gazette , assign to the Board, and in so undertaking — ( a ) the Board is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Board in respect of those other functions. (4) Nothing in this section imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject.


document_id: esba-2018
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND
section: 6
title: Powers of Board
content:
6. —(1) The Board has power to do all things necessary or expedient to enable the Board to carry out its functions. (2) Without limiting subsection (1), the powers of the Board include the following: ( a ) in relation to enterprise development — (i) to enhance the skills, capacity and resources of Singapore‑based and other enterprises; (ii) to provide technical and consultancy services; (iii) to facilitate access by the enterprises to departments of the Government or any public authority, or to a foreign government or foreign authority; (iv) to organise and participate in any trade exhibition, trade fair and trade mission; and (v) to foster connections among Singapore‑based enterprises and between Singapore‑based enterprises and foreign enterprises, associations and agencies; ( b ) to establish and maintain offices or facilities in Singapore or overseas; ( c ) to collect, compile and analyse information, or commission surveys, research or studies relating to its functions; ( d ) to collect, compile and analyse particulars and information provided under the Regulation of Imports and Exports Act 1995 or any regulations made under that Act; ( e ) to establish and administer any scheme or programme relating to its functions; ( f ) to administer and regulate the establishment of representative offices in Singapore by foreign persons; ( g ) to enter into memoranda of understanding or other similar arrangements with any person in or outside Singapore for the purpose of discharging any of its functions; ( h ) to be a member or an affiliate of any international body the functions, objects or duties of which are similar to the functions of the Board; ( i ) in relation to standards, certification and accreditation — (i) to assess materials, products, processes or persons for the purposes of certification, accreditation or conformity assessment; (ii) to accredit, appoint, authorise or recognise any person that performs testing and certification, or conformity assessment, and to regulate the practice of such persons; (iii) to establish and publish, by notification in the Gazette , the Singapore Standard in relation to any product or process; (iv) to specify, by notification in the Gazette , accreditation marks and certification marks of the Board and control the use of such accreditation marks or certification marks; (v) to administer the national standardisation programme and to facilitate the participation of Singapore in international standardisation activities; ( j ) to form or join in the formation of a company, association, trust or partnership or enter into a joint venture with any person — (i) for the purposes of discharging any of the Board’s functions; or (ii) with the approval of the Minister, for any other purpose approved by the Minister; ( k ) to acquire or dispose of any property, movable or immovable, and to use any such property, including mortgaging it; ( l ) to apply for, obtain and hold any intellectual property rights, and enter into agreements or arrangements for the commercial exploitation of those intellectual property rights; ( m ) to act as agent for the Government or, with the approval of the Government, for any other person in the transaction of any business for the Government or that other person; ( n ) to grant loans, provide training and award scholarships to officers of the Board, and to provide facilities for their welfare; ( o ) to do anything incidental to any of its powers. (3) To avoid doubt, subsections (1) and (2) do not limit any other power conferred on the Board by any other provision in this Act or by or under any other Act.


document_id: esba-2018
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND
section: 7
title: Directions of Minister, etc.
content:
7. —(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. (2) Without limiting subsection (1), the Minister may give such directions to the Board as are necessary in the circumstances if it appears to the Minister to be requisite or expedient to do so — ( a ) in the interests of relations with the government of another country; or ( b ) in order to — (i) discharge or facilitate the discharge of an obligation binding on the Government by virtue of it being a member of an international organisation or a party to an international agreement; (ii) attain or facilitate the attainment of any other object the attainment of which is in the Minister’s opinion requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or (iii) enable the Government to become a member of such an organisation or a party to such an agreement. (3) To avoid doubt, the Minister is entitled — ( a ) to information in the possession of the Board; and ( b ) where the information is in or on a document, to have, and make and retain copies of, that document. (4) For the purposes of this section, the Minister may request the Board — ( a ) to provide information to the Minister; or ( b ) to give the Minister access to information. (5) The Board must give effect to any direction given to it under subsection (1) or (2) and must comply with a request under subsection (4). (6) The Board must not disclose any direction given to it under this section if the Minister notifies the Board that, in the Minister’s opinion, disclosure of the direction is against the public interest. (7) In this section, “information” means information specified, or of a description specified, by the Minister that relates to the functions of the Board.


document_id: esba-2018
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, FUNCTIONS AND
section: 8
title: Board’s symbols, etc.
content:
8. —(1) The Board has the exclusive right to the use of one or more symbols or representations as the Board may select or devise (each called in this section the Board’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Board’s activities or affairs. (2) A person who — ( a ) uses, without the prior written permission of the Board, a symbol or representation that is identical to the Board’s symbol or representation; or ( b ) uses a symbol or representation that so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: esba-2018
provision_ref: s9
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 9
title: Membership of Board
content:
9. —(1) The Board consists of at least 8 members. (2) One of the members (who is not the Chairperson) may be the Chief Executive.


document_id: esba-2018
provision_ref: s10
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 10
title: Appointment of Board members
content:
10. —(1) Each member of the Board must be appointed by the Minister. (2) Every appointment must be made by instrument in writing given to the member. (3) The instrument must state — ( a ) the term of the appointment; and ( b ) the date the appointment takes effect (which must not be a date earlier than the date the member receives the instrument).


document_id: esba-2018
provision_ref: s11
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 11
title: Membership disqualification
content:
11. —(1) In appointing members of the Board, the Minister must have regard to whether the members of the Board will collectively possess the appropriate knowledge, skills and experience for the Board to perform its functions effectively. (2) However, the following individuals are disqualified to be or from being a member of the Board: ( a ) an undischarged bankrupt or an individual who has entered into a composition with any of his or her creditors; ( b ) a Judge or judicial officer; ( c ) an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon; ( d ) an individual who is — (i) disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that section; [S 26/2022 wef 13/01/2022] (ii) disqualified by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a company during the period of disqualification in the court order; (iii) disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management of a VCC during the period of disqualification in that provision; or [S 26/2022 wef 13/01/2022] (iv) disqualified by a court order under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a VCC during the period of disqualification in the court order; [S 26/2022 wef 13/01/2022] ( e ) an individual who lacks capacity in respect of his or her duties as a member, within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008. (3) In this section, “company” has the meaning given by section 4(1) of the Companies Act 1967. [S 26/2022 wef 13/01/2022]


document_id: esba-2018
provision_ref: s12
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 12
title: Chairperson and Deputy Chairperson
content:
12. —(1) The Minister may, by instrument in writing, appoint — ( a ) a member (other than the Chief Executive) to be the Chairperson of the Board for the period specified in the instrument; and ( b ) a member (other than the Chairperson) to be the Deputy Chairperson of the Board for the period specified in the instrument. (2) The Chairperson or Deputy Chairperson holds office until whichever of the following happens first: ( a ) his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires; ( b ) he or she ceases to hold office as a member of the Board; ( c ) the Minister terminates his or her appointment as Chairperson or Deputy Chairperson (as the case may be). (3) Subject to section 14(1), the Deputy Chairperson has and may exercise all of the functions and powers of the Chairperson in relation to a matter if — ( a ) the Chairperson is unavailable; or ( b ) the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.


document_id: esba-2018
provision_ref: s13
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 13
title: Premature vacancies
content:
13. —(1) If a premature vacancy occurs in the office of any member of the Board, the Minister may, subject to sections 9, 10 and 11, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed. (2) In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office by virtue of section 20(1) or for any reason other than the expiry of the term of the office.


document_id: esba-2018
provision_ref: s14
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 14
title: Acting Chairperson and members of Board
content:
14. —(1) The Minister may appoint an individual (other than the Chief Executive) to act temporarily as the Chairperson during any period, or during all periods, when the Chairperson is — ( a ) absent from duty or Singapore; or ( b ) for any reason, unable to perform the duties of the office. (2) The Minister may appoint an individual to act temporarily as a member of the Board (other than the Chairperson) during any period, or during all periods, when the member is — ( a ) absent from duty or Singapore; or ( b ) for any reason, unable to perform the duties of the office. (3) An individual is ineligible for appointment under this section to act as the Chairperson or a member of the Board if the individual is disqualified under section 11(2) for appointment as a member of the Board.


document_id: esba-2018
provision_ref: s15
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 15
title: Removal of member of Board
content:
15. —(1) The Minister may, at any time and without giving any reason, remove a member of the Board from office. (2) Every removal under subsection (1) must be made by written notice given to the member with a copy to the Board. (3) The notice must state the date the removal takes effect, which must not be a date earlier than the date the member receives the notice.


document_id: esba-2018
provision_ref: s16
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 16
title: Resignation from office
content:
16. —(1) A member of the Board may resign his or her office by written notice to the Minister (with a copy to the Board) signed by the member. (2) The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice.


document_id: esba-2018
provision_ref: s17
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 17
title: Validity of acts, etc.
content:
17. —(1) Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function by the Board is not affected merely because at the relevant time — ( a ) there was a vacancy in the membership of the Board, including a vacancy arising from the failure to appoint a member; ( b ) there was some defect or irregularity existing in the appointment or continuance in office of an individual purporting to be a member of the Board; or ( c ) there was an irregularity in the Board’s decision‑making procedure that does not affect the merits of the decision made. (2) The acts of an individual as a member of the Board are not affected merely because — ( a ) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Board; or ( b ) in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended. Division 2 &#x2014; Terms and conditions for members of Board


document_id: esba-2018
provision_ref: s18
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 18
title: Term of appointment
content:
18. —(1) Subject to section 20, each member of the Board holds office for a period of 3 years or any shorter period specified in the instrument of appointment. (2) A member of the Board may be re‑appointed.


document_id: esba-2018
provision_ref: s19
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 19
title: Remuneration, etc.
content:
19. The members of the Board may be paid, out of the funds of the Board, such salaries, fees and allowances as the Minister from time to time determines.


document_id: esba-2018
provision_ref: s20
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 20
title: Vacation of office
content:
20. —(1) A member of the Board ceases to hold office if he or she — ( a ) dies; ( b ) is adjudicated a bankrupt or enters into a composition with any of his or her creditors; ( c ) becomes otherwise disqualified from being a member under section 11(2); ( d ) is removed from office in accordance with section 15; ( e ) resigns in accordance with section 16; ( f ) fails without reasonable cause to disclose any interest required under Division 1 of Part 4 of the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default; ( g ) fails to attend 3 consecutive meetings of the Board without the approval of the Board; or ( h ) is not re‑appointed when his or her term of office expires. (2) A member of the Board is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.


document_id: esba-2018
provision_ref: s21
chapter: PART 3 - CONSTITUTION AND MEMBERSHIP OF BOARD
section: 21
title: Other terms and conditions
content:
21. The Minister may specify other terms and conditions of appointment of a member of the Board in the instrument of appointment.


document_id: esba-2018
provision_ref: s22
chapter: PART 4 - GOVERNANCE
section: 22
title: Meetings of Board
content:
22. —(1) The Board must hold such meetings as are necessary for performing its functions. (2) The Chairperson must appoint the times and places of the meetings of the Board, and cause notice of those meetings to be given to each member of the Board not present when the appointment is made. (3) If the Chairperson receives a written request signed by 4 or more members that a meeting of the Board be convened for a purpose specified in the request, the Chairperson must, within 7 days after receiving the request, convene a meeting for that purpose. (4) The meetings of the Board must be held in accordance with the provisions of this Act and Part 4 of the Public Sector (Governance) Act 2018.


document_id: esba-2018
provision_ref: s23
chapter: PART 4 - GOVERNANCE
section: 23
title: Quorum
content:
23. —(1) The quorum is the higher of the following: ( a ) one‑third of the number of members of the Board; ( b ) 5 members of the Board. (2) No business may be transacted at a meeting of the Board if a quorum is not present.


document_id: esba-2018
provision_ref: s24
chapter: PART 4 - GOVERNANCE
section: 24
title: Presiding at meetings
content:
24. —(1) At a meeting of the Board, the following person presides: ( a ) the Chairperson; ( b ) in the absence of the Chairperson, or if the Chairperson is interested in the matter (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018), and there is a Deputy Chairperson who is present and is not interested in the matter (within the meaning given by Part 4 of that Act) — the Deputy Chairperson; ( c ) in any other case, a member of the Board elected from among the members present at the meeting to preside. (2) The person specified in subsection (1)( b ) or ( c ) may perform the functions and exercise the powers of the Chairperson for the purposes of the meeting.


document_id: esba-2018
provision_ref: s25
chapter: PART 4 - GOVERNANCE
section: 25
title: Voting at meetings
content:
25. —(1) Each member of the Board has one vote. (2) In addition to his or her general vote, the member presiding at a meeting has, in the case of an equality of votes, a casting vote. (3) A resolution of the Board is passed if it is agreed to by all members present without dissent, or if a majority of the votes cast on it by members present and voting are in favour of it. (4) A member present at a meeting of the Board is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Board unless the member expressly dissents from or votes against the decision at the meeting or is prevented from voting by section 26 of the Public Sector (Governance) Act 2018.


document_id: esba-2018
provision_ref: s26
chapter: PART 4 - GOVERNANCE
section: 26
title: Execution of documents
content:
26. —(1) The Board must have a seal that is to be kept and used as authorised by the Board. (2) A document is duly executed by the Board if — ( a ) the seal of the Board is affixed to the document in the presence of one of its members who must sign the document to attest that the seal was so affixed, and the document is signed by — (i) any 2 members generally or specially authorised by the Board for the purpose; or (ii) one member and the Chief Executive; or ( b ) the document is signed on behalf of the Board by a person or persons authorised to do so by the Board and in accordance with the terms of that authorisation. (3) Where a document is to be executed under seal, the Board may authorise one or more of its officers to execute, on the Board’s behalf, the document under the Board’s seal in accordance with the terms of that authorisation. (4) A document purporting to be executed in accordance with this section is presumed to be duly executed until the contrary is shown. (5) All courts, judges and persons acting judicially are to take judicial notice of the imprint of the seal appearing on a document. (6) When a document is produced bearing a seal purporting to be the seal of the Board, it is presumed that the seal is the seal of the Board until the contrary is shown.


document_id: esba-2018
provision_ref: s27
chapter: PART 4 - GOVERNANCE
section: 27
title: Appointment of committees
content:
27. —(1) The Board may appoint such number of committees as the Board thinks fit for purposes which, in the opinion of the Board, would be better regulated and managed by means of such committees. (2) A committee appointed under this section may consist of such individuals as the Board thinks fit, and may include individuals who are not members of the Board. (3) Without limiting subsection (1), the Board may appoint committees — ( a ) to advise the Board on matters relating to the Board’s functions and powers that are referred to the committee by the Board; and ( b ) to perform any function or exercise any power of the Board that is delegated to the committee. (4) Section 17 applies to a committee, and to committee members or individuals purporting to be committee members, with the necessary modifications.


document_id: esba-2018
provision_ref: s28
chapter: PART 4 - GOVERNANCE
section: 28
title: Proceedings of committees
content:
28. Subject to this Act, the Public Sector (Governance) Act 2018 and any restrictions by the Board, a committee may regulate its own proceedings and business.


document_id: esba-2018
provision_ref: s29
chapter: PART 4 - GOVERNANCE
section: 29
title: Ability to delegate
content:
29. —(1) The Board may delegate any of its functions or powers, either generally or specially and subject to such conditions or restriction as the Board thinks fit, to any of the following persons: ( a ) a member of the Board; ( b ) the Chief Executive or an officer of the Board; ( c ) a committee of the Board; ( d ) a company that is incorporated in Singapore and is a subsidiary of the Board. (2) A delegation under subsection (1) must be by written notice given to the delegate. (3) Subsection (1) does not apply to — ( a ) the power to make subsidiary legislation conferred by this Act or any other Act; ( b ) the power to delegate conferred by this section; or ( c ) any function or power under this Act or any other Act that is declared by this Act or that other Act to be non‑delegable. (4) A delegation in accordance with this section — ( a ) except as otherwise provided in this Act or any other Act administered by the Board, does not affect or prevent the performance of any function or the exercise of any power by the Board; ( b ) is not affected by any change in the membership of the Board; ( c ) is not affected by any change in the membership of a committee (where the committee is the delegate), so long as the committee includes at least one member of the Board; and ( d ) is not affected by any change in the individual appointed as the Chief Executive or holding any specified office in the Board (where the delegate is the Chief Executive or the holder of the specified office). (5) For the purposes of subsection (1)( d ), a company is a subsidiary of the Board if — ( a ) the Board is the sole member of that company; or ( b ) the Board, as a member of that company, holds more than half of the voting power in that company.


document_id: esba-2018
provision_ref: s30
chapter: PART 4 - GOVERNANCE
section: 30
title: Validity of delegate’s acts, etc.
content:
30. A delegate who purports to perform a function or exercise a power under delegation — ( a ) is taken to do so in accordance with the terms of the delegation under section 29, unless the contrary is shown; and ( b ) must produce evidence of the delegation, if reasonably required to do so.


document_id: esba-2018
provision_ref: s31
chapter: PART 5 - PERSONNEL MATTERS
section: 31
title: Chief Executive
content:
31. —(1) There must be a Chief Executive, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or from Singapore; or ( b ) is, for any reason, unable to perform the duties of the office.


document_id: esba-2018
provision_ref: s32
chapter: PART 5 - PERSONNEL MATTERS
section: 32
title: Officers, etc.
content:
32. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on the terms and conditions determined by the Board, any other officers, consultants and agents as may be necessary for the effective performance of its functions.


document_id: esba-2018
provision_ref: s33
chapter: PART 5 - PERSONNEL MATTERS
section: 33
title: Inspectors
content:
33. The Board may appoint such number of inspectors as may be necessary to assist the Board in carrying out its functions or in exercising its powers under this Act, and for this purpose, the Board may assign to the inspectors any duties not inconsistent with the provisions of this Act as the Board thinks fit.


document_id: esba-2018
provision_ref: s34
chapter: PART 5 - PERSONNEL MATTERS
section: 34
title: Preservation of secrecy
content:
34. —(1) A member of the Board, the Chief Executive, or an officer, inspector, agent or committee member of the Board, who has information in his or her capacity as such that would not otherwise be available to him or her, must not disclose that information to any person except — ( a ) in the performance of the Board’s functions; ( b ) with the prior authorisation from the Board to do so; ( c ) for the purposes of any investigations or proceedings for an offence under this Act, or any report of those proceedings; ( d ) as required by an order of court or required or allowed by or under any written law; or ( e ) in complying with the requirements in the Public Sector (Governance) Act 2018 for members of the Board or committee members to disclose interests. (2) Any person who, without reasonable excuse, 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.


document_id: esba-2018
provision_ref: s35
chapter: PART 5 - PERSONNEL MATTERS
section: 35
title: Protection from liability
content:
35. —(1) No liability shall lie against the Chief Executive, any member, officer, inspector, agent, or committee member, of the Board or any other person acting under the direction of the Board, who, acting in good faith and with reasonable care, does or omits to do anything in — ( a ) the performance or purported performance of any function of the Board; or ( b ) the exercise or purported exercise of any power of the Board. (2) No liability shall lie against the Government or the Board by reason of the fact that — ( a ) a product or process conforms or is alleged to conform to a Singapore Standard; or ( b ) an accreditation mark or a certification mark is used in connection with, in respect of or in relation to, a product or process.


document_id: esba-2018
provision_ref: s36
chapter: PART 6 - FINANCIAL PROVISIONS
section: 36
title: Financial year
content:
36. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: esba-2018
provision_ref: s37
chapter: PART 6 - FINANCIAL PROVISIONS
section: 37
title: Revenue and property of Board
content:
37. —(1) The funds and property of the Board include — ( a ) all moneys paid to the Board by way of grants, subsidies, donations, gifts and contributions for the purposes of the Board; ( b ) all moneys paid to, and all other moneys and property lawfully received by, the Board for the purposes of the Board; ( c ) all fees, charges and other sums payable to the Board under this Act or any other written law administered by the Board; ( d ) all moneys, dividends, royalties, interest or income received from any transaction made under the powers of the Board under this Act or any other written law administered by the Board; ( e ) all moneys borrowed by the Board under this Act; ( f ) the levies collected under section 38; ( g ) the Singapore Rubber Fund; and ( h ) all accumulations of income derived from any property or money mentioned in paragraphs ( a ) to ( g ). (2) The moneys of the Board are to be applied only in payment of expenses incurred by the Board in the discharge of its functions, obligations and liabilities, and in making any payment that the Board is authorised or required to make.


document_id: esba-2018
provision_ref: s38
chapter: PART 6 - FINANCIAL PROVISIONS
section: 38
title: Levy in respect of export of goods
content:
38. —(1) The Board may, with the approval of the Minister, by order in the Gazette , impose a levy on the export of such goods as may be specified in the order. (2) Any order made under subsection (1) may provide for — ( a ) different rates of levy in respect of the export of different goods; ( b ) the recovery of the levy by the Board in such manner and through such channels as may be specified in the order; or ( c ) the exemption of any person or class of persons from the payment of the levy. (3) The levy collected under this section must be paid to the Board.


document_id: esba-2018
provision_ref: s39
chapter: PART 6 - FINANCIAL PROVISIONS
section: 39
title: Singapore Rubber Fund
content:
39. —(1) The Singapore Rubber Fund must be administered by the Board in accordance with this Act. (2) The Singapore Rubber Fund may, subject to any direction of the Minister under section 7(1), be used for the following purposes: ( a ) the promotion, development, regulation and maintenance of the commodity trade and industry, including the commodity futures market in Singapore; ( b ) the payment of the Board’s expenses necessary for the participation in international natural rubber organisations and agreements established under these organisations; ( c ) the discharge of any outstanding liability incurred by the former Rubber Association of Singapore and transferred to the Board; ( d ) for the purposes provided in and generally for carrying into effect the Rubber Industry Act 1992 and for the discharge of any liability arising as a result of the exercise of the functions and duties under that Act; ( e ) any other purposes that are incidental or expedient for the purposes of the Singapore Rubber Fund.


document_id: esba-2018
provision_ref: s40
chapter: PART 6 - FINANCIAL PROVISIONS
section: 40
title: Bank accounts
content:
40. —(1) The Board must open and maintain one or more accounts with such bank or banks as the Board thinks fit. (2) Every account under subsection (1) may only be operated by a person authorised to do so by the Board.


document_id: esba-2018
provision_ref: s41
chapter: PART 6 - FINANCIAL PROVISIONS
section: 41
title: Power of investment
content:
41. The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: esba-2018
provision_ref: s42
chapter: PART 6 - FINANCIAL PROVISIONS
section: 42
title: Grants
content:
42. For the purpose of enabling the Board to carry out its functions, the Minister may make grants to the Board of such sums of money as the Minister may determine out of money to be provided by Parliament.


document_id: esba-2018
provision_ref: s43
chapter: PART 6 - FINANCIAL PROVISIONS
section: 43
title: Power to borrow
content:
43. —(1) The Board cannot raise loans for the performance of its functions except in accordance with this section. (2) Subject to subsection (3), the Board may raise loans by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or ( c ) the creation and issue of debentures or bonds, or such other instrument as the Minister may approve. (3) The Board may — ( a ) raise loans under subsection (2) from the Government; ( b ) obtain a credit facility for the purchase of goods or services mentioned in subsection (4) from a bank or financial institution, whether in or outside Singapore; or ( c ) with the approval of the Minister, raise a loan or obtain a credit facility from any other source, whether in or outside Singapore. (4) For the purposes of this section, the power to raise loans includes the power to enter into any financial agreement or arrangement under which credit facilities are granted to the Board for the purchase of goods or services.


document_id: esba-2018
provision_ref: s44
chapter: PART 6 - FINANCIAL PROVISIONS
section: 44
title: Issue of shares, etc.
content:
44. As a consequence of — ( a ) the vesting of any property, right or liability in the Board under this Act; or ( b ) any capital injection or other investment by the Government in the Board in accordance with any other written law, the Board must issue such shares or other securities to the Minister charged with the responsibility for finance as that Minister may direct.


document_id: esba-2018
provision_ref: s45
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 45
title: Powers to inquire and verify information, etc.
content:
45. —(1) The powers under this section may be exercised only for the purpose of inquiring into or ascertaining — ( a ) the truth or correctness of any statement made, or of any information given, by a person who applies or has applied for an incentive, a grant, a loan or any other financial benefit given or administered by, the Board; ( b ) whether any incentive, grant, loan or any other financial benefit given or administered by the Board has been properly applied by the person to whom the incentive, grant, loan or financial benefit was given; ( c ) the truth or correctness of any statement made, or of any information given, by a person in relation to the person’s application for accreditation or certification by the Board; ( d ) whether the use of an accreditation mark, a certification mark, or a report or certificate issued by or on behalf of the Board is in accordance with the conditions (if any) of the accreditation mark, certification mark, report or certificate; or ( e ) whether any provision of this Act is being or has been contravened. (2) The Board, an officer of the Board duly authorised by the Chief Executive for the purposes of this section, or an inspector may, at any reasonable time, do any of the following, without involving any search of any property or person: ( a ) enter and inspect any premises; ( b ) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; ( c ) require any person to provide or grant access to, without charge, any document or information reasonably required for any purpose in subsection (1); ( d ) inspect and make copies of or take extracts from any such document; ( e ) take possession of such a document if, in the opinion of the Board, the officer or the inspector — (i) the inspection or copying of, or extraction from, the document cannot reasonably be performed without taking possession; (ii) the document may be interfered with or destroyed unless possession is taken; or (iii) the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act; ( f ) require any person to complete and deliver any return specified within the time specified in the notice; ( g ) take samples where the Board, the officer or the inspector has reason to believe that there is any product or process — (i) in respect of which an accreditation mark, a certification mark or a colourable imitation of the accreditation mark or certification mark is being used in contravention of this Act; or (ii) which a person claims to be in conformity with a Singapore Standard when in fact it is not. (3) The power to require a person to provide any document or information under subsection (2)( c ) includes the power — ( a ) to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require the person to state, to the best of the person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Board in legible form. (4) The Board, an officer of the Board duly authorised by the Chief Executive or an inspector may exercise the powers under subsection (2) to inquire into — ( a ) any offence committed or allegedly committed under the International Enterprise Singapore Board Act (Cap. 143B, 2002 Revised Edition); or ( b ) any offence committed or allegedly committed under the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition).


document_id: esba-2018
provision_ref: s46
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 46
title: False or misleading information, statement or document, etc.
content:
46. —(1) A person must not — ( a ) in relation to the person’s application, or in support of another person’s application, for any incentive, grant, loan or other financial benefit given or administered by the Board make, or authorise the making of, a statement that the person knows to be false or misleading in any material particular; ( b ) in providing any information or any document required by the Board, the officer or the inspector under section 45, or any returns or information required by notice under section 51, provide any information, returns or document that the person knows to be false or misleading in any material particular; or ( c ) intentionally alter, suppress or destroy any document or information which the person is required by the Board, the officer or the inspector under section 45 to provide. (2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) To avoid doubt, it is not a defence in any proceeding for an offence under subsection (2) for contravening subsection (1)( a ) that the accused did not obtain any incentive, grant, loan or other financial benefit given or administered by the Board.


document_id: esba-2018
provision_ref: s47
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 47
title: Improper use of accreditation mark, certification mark, report or certificate
content:
47. —(1) A person must not use an accreditation mark or a certification mark, or a colourable imitation of an accreditation mark or a certification mark, in respect of any product or process or in any trade mark or design, unless the person — ( a ) holds a valid accreditation or certification authorising the person to use that accreditation mark or certification mark in respect of that product or process or in that trade mark or design; or ( b ) is authorised by the Board to use that accreditation mark or certification mark. (2) A person must not use any report or certificate issued or purportedly issued by or on behalf of the Board to convey the impression that the person holds a valid accreditation or certification, when in fact the person does not. (3) A person must not forge or without lawful authority alter an accreditation mark, a certification mark, or a report or certificate issued by the Board. (4) Any person who, without reasonable excuse, contravenes subsection (1), (2) or (3) 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. (5) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has power to impose the full penalty or punishment prescribed under subsection (4). (6) A court trying an offence under subsection (1), (2) or (3) may direct that any property in respect of which the offence has been committed be forfeited to the Government.


document_id: esba-2018
provision_ref: s48
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 48
title: Offences relating to Singapore Standard
content:
48. —(1) A person must not establish, accept, adopt or publish in relation to a product or process any standard which purports, expressly or impliedly, to be a Singapore Standard, when in fact it is not. (2) A person must not — ( a ) make any statement or representation, whether in writing or not; or ( b ) use any mark, which conveys or is likely to convey the impression that a product or process conforms to a Singapore Standard, when in fact it does not. (3) Any person who, without reasonable excuse, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: esba-2018
provision_ref: s49
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 49
title: Prohibition of registration in certain cases
content:
49. —(1) Despite anything in any written law, except where consent has been granted by the Board, a registering authority must not — ( a ) register any company, firm or other body of persons that bears any name described in subsection (2); or ( b ) register a trade mark or design that bears any name or mark described in subsection (2). (2) The name or mark mentioned in subsection (1) is any of the following: ( a ) a name or mark the use of which contravenes section 47(1); ( b ) a name or mark which contains or consists of the words “Singapore Standard” or “Technical Reference”, the expression “SISIR” or “SISIR Mark” or the names “Standards, Productivity and Innovation Board”, “SPRING Singapore”, “Singapore Productivity and Standards Board”, “International Enterprise Singapore Board”, “IE Singapore”, “Enterprise Singapore Board”, “ESG”, “Singapore Accreditation Council”, “Singapore Quality Award Governing Council” or “Singapore Standards Council” or other prescribed words or names, in any form; ( c ) a name or mark that so nearly resembles any of the names or marks mentioned in paragraph ( b ) as to deceive or be likely to deceive the public.


document_id: esba-2018
provision_ref: s50
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 50
title: Obstructing officers of Board
content:
50. —(1) A person must not obstruct or hinder a member or an officer or agent of the Board, or an inspector, who is exercising any power or discharging any duty under this Act. (2) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: esba-2018
provision_ref: s51
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 51
title: Providing returns and information
content:
51. —(1) The Board or a person authorised by the Board may by written notice require any person to provide to the Board or to the person so authorised, within the period specified in the notice, such returns or information required for the purpose of any of the Board’s functions as may be — ( a ) specified in the notice; and ( b ) within the knowledge of the person, or in the custody or under the control of the person. (2) Any person who, without reasonable excuse, fails to comply with a notice given to the person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: esba-2018
provision_ref: s52
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 52
title: Composition of offences
content:
52. —(1) The Chief Executive, or an officer of the Board authorised in writing by the Board, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: esba-2018
provision_ref: s53
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 53
title: Proceedings conducted by officers of Board
content:
53. Proceedings in respect of an offence under this Act, the International Enterprise Singapore Board Act (Cap. 143B, 2002 Revised Edition) or the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition) may, with the authorisation of the Public Prosecutor, be conducted by an officer of the Board who is authorised in writing to do so by the Chairperson or the Chief Executive.


document_id: esba-2018
provision_ref: s54
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 54
title: Offences by corporations
content:
54. —(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. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the 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 as that corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of a corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (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.


document_id: esba-2018
provision_ref: s55
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 55
title: Offences by unincorporated associations or partnerships
content:
55. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof as that unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: esba-2018
provision_ref: s56
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 56
title: Service of documents
content:
56. —(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 given by the individual as the fax number for the service of documents; 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) may be served — ( a ) by giving it to the body corporate’s secretary or other similar officer, 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 registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s last email address. (5) Service of a document under subsection (1) 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; or ( c ) if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered). (6) This section does not apply to documents to be served in proceedings in court. (7) In this section — “business address” means — ( a ) in the case of an individual — the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership) — the partnership’s principal or last known place of business in Singapore; “document” includes a notice, a direction or an order permitted or required by this Act to be served; “last email address” means — ( a ) 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; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: esba-2018
provision_ref: s57
chapter: PART 7 - ADMINISTRATION AND ENFORCEMENT
section: 57
title: Regulations
content:
57. —(1) The Board may, with the approval of the Minister, make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or expedient for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the Board may, with the approval of the Minister, make regulations to provide for the following matters: ( a ) the designation, appointment, authorisation or recognition of persons who conduct certification, accreditation or conformity assessment, and the regulation of such persons; ( b ) regulating the use of accreditation marks and certification marks, and regulating the use of reports and certificates issued under this Act; ( c ) fees and charges for the provision of any facility, service or work done, including the recovery of any costs incurred, by or on behalf of the Board, or otherwise for the purposes of this Act. (3) The Board may, in making any regulations, provide that any person who contravenes a provision of the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: esba-2018
provision_ref: s58
chapter: PART 8 - TRANSFER OF UNDERTAKINGS
section: 58
title: Interpretation of this Part
content:
58. In this Part, unless the context otherwise requires — “asset”, in relation to a transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any — ( a ) legal or equitable interest in real or personal property, whether situated in Singapore or elsewhere; ( b ) chose in action; ( c ) money or securities; ( d ) plant and equipment, whether situated in Singapore or elsewhere; ( e ) intellectual property; ( f ) infrastructure, whether situated in Singapore or elsewhere; ( g ) records; and ( h ) right; “fair trading functions” means the following functions of the Standards, Productivity and Innovation Board: ( a ) promoting fair trading among suppliers and consumers and enabling consumers to make informed purchasing decisions in Singapore; ( b ) preventing suppliers in Singapore from engaging in unfair trading practices; ( c ) advising the Government, any public authority or any consumer protection organisation on fair trading matters generally; ( d ) administering and enforcing the Consumer Protection (Fair Trading) Act 2003; “liability”, in relation to a transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly and severally with any other person) of the transferor on the eve of the transfer date, whether under the laws of Singapore or any country or territory outside Singapore; “records”, in relation to a transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of that transferor existing on the eve of the transfer date; “right”, in relation to a transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date, whether under the laws of Singapore or any country or territory outside Singapore; “transfer date” means 1 April 2018; “transferor” means — ( a ) the International Enterprise Singapore Board; or ( b ) the Standards, Productivity and Innovation Board; “transferring employee”, in relation to the Standards, Productivity and Innovation Board, means every employee of that Board, except the employees in the Consumer Protection Weights & Measures Division who perform solely or mainly the fair trading functions.


document_id: esba-2018
provision_ref: s59
chapter: PART 8 - TRANSFER OF UNDERTAKINGS
section: 59
title: Transfer of undertakings to Board
content:
59. —(1) On the transfer date, the following assets and liabilities are transferred to the Board: ( a ) all assets and liabilities of the International Enterprise Singapore Board; ( b ) all assets and liabilities of the Standards, Productivity and Innovation Board, except the assets and liabilities that relate solely or mainly to the fair trading functions. (2) When any asset or liability of a transferor is transferred under subsection (1), the following provisions have effect: ( a ) the asset that is the subject of the transfer vests in the Board by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liability that is the subject of the transfer becomes by virtue of this section the liability of the Board; ( c ) all legal or other proceedings relating to that asset or liability started before the transfer date by or against the transferor (or a predecessor of the transferor) and pending immediately before that date are taken to be proceedings pending by or against the Board; ( d ) any legal or other proceedings relating to that asset or liability which could have been started immediately before the transfer date by or against the transferor (or a predecessor of the transferor) may be started by or against the Board; ( e ) a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor (or a predecessor of the transferor) relating to that asset or liability may be enforced by or against the Board; ( f ) any document relating to legal or other proceedings relating to that asset or liability that has been served on or by the transferor (or a predecessor of the transferor) before the transfer date is taken, where appropriate, to have been served on or by the Board; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to that asset or liability by, to or in respect of the transferor (or a predecessor of the transferor) is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Board; ( h ) a reference to the transferor (or a predecessor of the transferor) in any written law, any instrument made under any Act, any contract, agreement, arrangement or undertaking, or any document of any kind, to the extent to which the reference relates to that asset or liability, is taken to be, or to include, a reference to the Board; ( i ) any agreement relating to that asset or liability and to which the transferor (or a predecessor of the transferor) is a party becomes enforceable by or against the Board. (3) The operation of this section does not — ( a ) constitute a breach of, or default under, any Act or other law or otherwise a civil wrong or criminal wrong; ( b ) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); ( c ) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; ( d ) terminate an agreement or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; ( e ) frustrate any contract or cause any contract or instrument to be void or otherwise unenforceable; ( f ) release any surety, other obligor or other obligee wholly or in part from any obligation; or ( g ) constitute an event of breach of, or default under, any contract or other instrument. (4) No attornment to the Board by a lessee from a transferor is required. (5) The Board, and any transferor from which a foreign asset, right or liability is transferred to the Board, must take all such steps as may be necessary to secure that the vesting in the Board by virtue of this section of any foreign asset, right or liability is effective under the relevant foreign law. (6) In subsection (5), a reference to a foreign asset, right or liability is a reference to any asset, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of conflict of laws) by reference to the law of a country or territory outside Singapore (called in that subsection the relevant foreign law).


document_id: esba-2018
provision_ref: s60
chapter: PART 8 - TRANSFER OF UNDERTAKINGS
section: 60
title: Transfer of employees to Board
content:
60. —(1) On the transfer date — ( a ) every employee of the International Enterprise Singapore Board stops being an employee of that Board; and ( b ) every transferring employee of the Standards, Productivity and Innovation Board stops being an employee of that Board, and is each transferred to the service, and becomes an employee, of the Board on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. (2) A certificate signed by the Minister certifying whether an individual named in the certificate has been transferred to the service of the Board under subsection (1) is admissible in evidence in any proceedings as proof of the matters stated in the certificate. (3) The transfer of an employee of a transferor to the Board under subsection (1) — ( a ) does not interrupt continuity of the employee’s service; ( b ) does not constitute a retrenchment or redundancy of the employee’s employment by the transferor; and ( c ) does not entitle the employee to any compensation or other payment or benefit merely because he or she stops being employed by the transferor. (4) Nothing in this section prevents — ( a ) any of the terms and conditions of employment of an individual transferred to the service of the Board under subsection (1) from being altered by or under any law, award or agreement with effect from any time after the transfer date; and ( b ) an individual transferred to the service of the Board under subsection (1) from resigning from such service any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. (5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any employee of a transferor to the Board.


document_id: esba-2018
provision_ref: s61
chapter: PART 8 - TRANSFER OF UNDERTAKINGS
section: 61
title: General preservation of employment terms, etc.
content:
61. —(1) When an employee of a transferor is transferred to the service of the Board under section 60 (called in this section a transferred employee), the transferred employee’s service with the Board must be regarded for all purposes as having been continuous with his or her service with the transferor immediately before the transfer date. (2) On the transfer date — ( a ) a transferred employee retains all accrued rights as if his or her employment with the Board were a continuation of employment with the transferor; ( b ) the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Board; and ( c ) a reference in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Board. (3) Until such time as the Board draws up the terms and conditions of employment for the transferred employee, the Board is to be regarded as employing the transferred employee on the same terms and conditions of his or her employment with the transferor on the eve of the transfer date. (4) Any term or condition of employment drawn up by the Board relating to the length of service of the transferred employee with the Board must recognise the length of service of that employee with the transferor (including any previous service that is taken to be service with the transferor) to be service with the Board. (5) For any conduct of the transferred employee when he or she was employed by the transferor which would have rendered that employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Board may — ( a ) start any disciplinary proceedings against the employee; ( b ) carry on and complete any disciplinary proceedings started by the transferor against that employee if those proceedings are pending on the eve of the transfer date; and ( c ) reprimand, reduce in rank, retire, dismiss or otherwise punish the employee as if the Board were the transferor. (6) Where on the eve of the transfer date, any matter about the conduct of the transferred employee during his or her employment with the transferor concerned — ( a ) was in the course of being heard or investigated by a committee of that transferor acting under due authority; or ( b ) had been heard or investigated, but no order, ruling or direction had been made, by that committee, that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Board. (7) The chief executive of each of the transferors is not by operation of this Part transferred to the position of Chief Executive of the Board, unless the Board appoints him or her to that position under section 31.


document_id: esba-2018
provision_ref: s62
chapter: PART 8 - TRANSFER OF UNDERTAKINGS
section: 62
title: Transfer of records
content:
62. On the transfer date, the following records become the records of the Board: ( a ) all records of the International Enterprise Singapore Board; ( b ) all records of the Standards, Productivity and Innovation Board, except the records that relate solely or mainly to the fair trading functions.


document_id: esba-2018
provision_ref: s63
chapter: PART 8 - TRANSFER OF UNDERTAKINGS
section: 63
title: Confirmation of transfers
content:
63. —(1) If any dispute arises — ( a ) as to whether an asset or a liability, or an employee or a record, is transferred under section 59, 60 or 62; or ( b ) as to whether any, or part of any, contract or document relates to an asset or a liability, or an employee or a record, transferred under section 59, 60 or 62, the Minister charged with the responsibility for finance may determine the matter and must provide the concerned parties with written notice of that determination. (2) The determination of the Minister charged with the responsibility for finance under subsection (1) is final and binding on the transferor concerned and the Board.


document_id: esba-2018
provision_ref: s66
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 66
title: Saving and transitional provisions
content:
66. —(1) Any approval, incentive, grant, loan, other financial benefit, licence, standard, guideline, notice (or other document) or decision — ( a ) given, issued or made — (i) by the International Enterprise Singapore Board in the exercise of its functions and powers under the International Enterprise Singapore Board Act (Cap. 143B, 2002 Revised Edition); or (ii) by the Standards, Productivity and Innovation Board in the exercise of its functions and powers under the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition); and ( b ) valid immediately before the repeal date, remains valid and is deemed to have been given, issued or made by the Board under this Act, to the extent that it is not inconsistent with this Act. (2) Any application made — ( a ) to the International Enterprise Singapore Board under the International Enterprise Singapore Board Act (Cap. 143B, 2002 Revised Edition); or ( b ) to the Standards, Productivity and Innovation Board under the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition), that is pending on the repeal date is deemed to be an application made to the Board under this Act, to the extent that it is not inconsistent with this Act. (3) Any investigation or proceedings commenced by the Standards, Productivity and Innovation Board, or an officer or inspector of the Standards, Productivity and Innovation Board, under the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition) before the repeal date and pending on that date, may be continued under section 45 or 53, as the case may be. (4) Every act done or appointment, regulation, order, notification or by‑law made, or anything started, before the repeal date — ( a ) by or on behalf of the International Enterprise Singapore Board under any written law (other than the International Enterprise Singapore Board Act (Cap. 143B, 2002 Revised Edition)); or ( b ) by or on behalf of the Standards, Productivity and Innovation Board under any written law (other than the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition) or the Consumer Protection (Fair Trading) Act 2003), remains valid after that date and has effect as if it had been done or made by or on behalf of the Board, and may be continued by the Board, under that written law, until such time that the Board invalidates, revokes, cancels or otherwise ceases that act, appointment, regulation, order, notification or by‑law. (5) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. (6) In this section, “repeal date” means 2 April 2018.


document_id: esba-2018
provision_ref: s67
chapter: PART 10 - CONSEQUENTIAL AND RELATED AMENDMENTS
section: 67
title: Amendments to Commodity Trading Act
content:
67. —(1) [ Omitted as having had effect ] (2) Section 2(1) of the Commodity Trading Act 1992, as amended by the Securities and Futures (Amendment) Act 2017, is amended by deleting the definition of “Board” and substituting the following definition: “ “Board” means the Enterprise Singapore Board established by section 3 of the Enterprise Singapore Board Act 2018; ”. 68. [ Omitted as having had effect ] 69. [ Omitted as having had effect ] Amendment to Enterprise Singapore Board Act 2018 70. Section 39(2) of the Enterprise Singapore Board Act 2018 is amended by deleting paragraph ( a ) and substituting the following paragraph: “ ( a ) the discharge of the functions of the Board in section 5(1)( c ) and ( d ); ”.


document_id: esiea-2006
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “advertise”, in relation to a scheduled species, means to describe, make reference to or allude in any way, by any means or in any form, to that scheduled species — ( a ) whether directly or indirectly; ( b ) whether orally, in writing in any language, diagrammatically, pictorially, by the use of symbols or photographs, or in any combination thereof; and ( c ) whether by the common name or the scientific name of that scheduled species or otherwise; “animal” means any member of the Animal Kingdom, and includes — ( a ) any mammal (other than man), bird, reptile, amphibian, fish, mollusc, arthropod, or other vertebrate or invertebrate, whether alive or dead, and the egg, young or immature form thereof; and ( b ) any readily recognisable part or derivative of an animal; “authorised officer” means — ( a ) any police officer; ( b ) any officer of customs within the meaning of the Customs Act 1960; or ( c ) any person appointed as an authorised officer by the Director‑General under section 3(2); “Board” means the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act 1996; “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed in Washington, D. C., on 3 March 1973, and any amendment to, or substitution of, the Convention that is binding on Singapore; “conveyance” includes any vessel, aircraft, vehicle or mode of transport; “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; [Act 21 of 2022 wef 01/11/2022] “Director‑General” means the Director‑General, Wildlife Trade Control appointed under section 3(1); “export” means to take or cause to be taken out of Singapore by land, sea or air any scheduled species other than any scheduled species in transit in Singapore, but does not include re‑export; “import” means to bring or cause to be brought into Singapore by land, sea or air any scheduled species other than any scheduled species in transit in Singapore; “information” includes data, text, images, sound, codes, computer programmes, software and databases; “introduction from the sea” means transportation into Singapore of any scheduled species which was taken in the marine environment not under the jurisdiction of any State; “owner” includes any person for the time being in charge of any scheduled species and any person for the time being in occupation of any premises; “permit” means a permit or certificate issued by the Director-General under section 7(3) or deemed (by section 30) to have been issued under this Act; [Act 21 of 2022 wef 01/11/2022] “plant” means any member of the Plant Kingdom, whether live or dead, and any readily recognisable part or derivative of a plant; “premises” includes any house, hut, shed, structure, platform, path, bridge, open space, building or enclosure whether roofed or not; [ Deleted by Act 21 of 2022 wef 01/11/2022 ] [ Deleted by Act 21 of 2022 wef 01/11/2022 ] “readily recognisable part or derivative” — ( a ) for an animal, means any substantially complete animal, or any part or derivative of an animal, in natural form, stuffed, chilled, preserved, dried or otherwise treated or prepared (which may or may not be contained in preparations), and includes — (i) any meat, bone, hide, skin, leather, tusk, horn, antler, gland, feather, hair, tooth, claw, shell, scale or egg of an animal; or (ii) any thing which is claimed by any person, or which appears from any accompanying document, or any packaging, label or mark, or any other circumstances, to contain any part or derivative of an animal, but does not include any urine, faeces or ambergris that has been naturally excreted; and ( b ) for a plant, means any substantially complete plant, or any part or derivative of a plant, in natural form, preserved, dried or otherwise treated or prepared (which may or may not be contained in preparations), and includes — (i) any seed, stem, leaf, bark, root, log, flower, fruit or pod of a plant; or (ii) any thing which is claimed by any person, or which appears from any accompanying document, or any packaging, label or mark, or any other circumstances, to contain any part or derivative of a plant; [Act 21 of 2022 wef 01/11/2022] “recent lineage”, in relation to a hybrid animal, means 4 generations in the lineage of the hybrid animal that immediately precede the hybrid animal; [Act 21 of 2022 wef 01/11/2022] “re‑export” means the export of any scheduled species that has previously been imported; “sale” or “sell” includes barter or exchange; “sample”, in relation to a scheduled species, means the scheduled species or any part thereof; “scheduled species” means — ( a ) any animal specified in the Schedule, including any readily recognisable part or derivative of the animal; ( b ) any hybrid animal that has in its recent lineage any animal specified in Appendix I or II of the Schedule, including any readily recognisable part or derivative of the hybrid animal; or ( c ) any plant specified in the Schedule, including any readily recognisable part or derivative of the plant; [Act 21 of 2022 wef 01/11/2022] “seized item” means any scheduled species, article, conveyance, receptacle, package or other thing seized by an authorised officer under this Act. [Act 21 of 2022 wef 01/11/2022] (2) In this Act, unless the context otherwise requires, a reference to — ( a ) an animal specified in Appendix I of the Schedule includes a reference to a hybrid animal that has the firstmentioned animal in the recent lineage of the hybrid animal; or ( b ) an animal specified in Appendix II of the Schedule includes a reference to a hybrid animal (not being a hybrid animal mentioned in paragraph ( a )) that has the firstmentioned animal in the recent lineage of the hybrid animal. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s2A
chapter: PART 1 - PRELIMINARY
section: 2A
title: Meaning of transit in Singapore
content:
2A. For the purposes of this Act, a scheduled species is in transit in Singapore only if — ( a ) the scheduled species is supported by a prescribed document that — (i) is issued on or before, or within 14 days after, the date on which the scheduled species is brought into Singapore; and (ii) specifies a port, an airport or any other place outside Singapore as the destination for the scheduled species; and ( b ) one of the following conditions is satisfied: (i) the scheduled species remains at all times in or on the conveyance in or on which it is brought into Singapore, pending transport of the scheduled species to the port, airport or other place outside Singapore; (ii) the scheduled species is removed from the conveyance in or on which it is brought into Singapore and is either returned to the same conveyance or transferred directly to another conveyance, pending transport of the scheduled species to the port, airport or other place outside Singapore, and is kept under the control of the Director-General or an authorised officer while being so removed, returned or transferred; (iii) the scheduled species is removed from the conveyance in or on which it is brought into Singapore and kept under the control of the Director-General or an authorised officer for a period not exceeding 14 days, or such longer period as the Director-General may approve, pending transport of the scheduled species to the port, airport or other place outside Singapore. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of Director‑General and authorised officers
content:
3. —(1) The Board is responsible for the administration of this Act, and to that end, the Board must appoint an officer of the Board to be the Director‑General, Wildlife Trade Control. [10/2019] (2) The Director‑General may, subject to the directions of the Board, appoint any of the following persons to be an authorised officer for the purpose of assisting the Director‑General in administering and carrying out the provisions of this Act or any other written law which confers powers on the Director‑General: ( a ) an employee of the Board; ( b ) an employee of another statutory authority; ( c ) a public officer who is not a police officer or an officer of customs within the meaning of the Customs Act 1960; ( d ) an auxiliary police officer appointed under the Police Force Act 2004. [10/2019] (3) The Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by any provision of this Act or any other written law (except the power of delegation conferred by this subsection) to an authorised officer; and any reference in the provision of this Act or any other written law to the Director‑General includes a reference to such an authorised officer. [10/2019] (4) Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Board may specify. [10/2019] (5) The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke a person’s appointment as an authorised officer. [10/2019] (6) A person mentioned in subsection (2)( d ) who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Board. [10/2019]


document_id: esiea-2006
provision_ref: s4
chapter: PART 2 - CONTROL OF IMPORT, EXPORT, ETC.,
section: 4
title: Restriction on import, export, etc., of scheduled species
content:
4. —(1) Any person who — ( a ) imports, introduces from the sea, exports or re-exports any scheduled species without a valid permit; ( b ) has in the person’s possession or under the person’s control, or sells, or offers, exposes or advertises for sale, or displays to the public, any scheduled species that is imported, or introduced from the sea, without a valid permit; or ( c ) sells, or offers, exposes or advertises for sale, or displays to the public, any scheduled species that is specified by the Minister by notification in the Gazette , shall be guilty of an offence. (2) Any person (except a person mentioned in section 5A(1) or (2)) who is guilty of an offence under subsection (1)( a ), ( b ) or ( c ) shall be liable on conviction — ( a ) in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix I of the Schedule — to a fine not exceeding $100,000 for each specimen of that scheduled species (but not exceeding $500,000 for, or the market value (at the material time of the offence) of, all the specimens of that scheduled species comprised in the offence, whichever is higher) or to imprisonment for a term not exceeding 6 years or to both; and ( b ) in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix II or III of the Schedule — to a fine not exceeding $50,000 for each specimen of that scheduled species (but not exceeding $500,000 for, or the market value (at the material time of the offence) of, all the specimens of that scheduled species comprised in the offence, whichever is higher) or to imprisonment for a term not exceeding 4 years or to both. (3) In this section and sections 5 and 5A — “material time”, for an offence, means the time of commission of the offence; “specimen” means an animal or a plant. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s5
chapter: PART 2 - CONTROL OF IMPORT, EXPORT, ETC.,
section: 5
title: Control of scheduled species in transit
content:
5. —(1) Every scheduled species in transit in Singapore must be accompanied by — ( a ) a valid CITES permit or certificate, or any other similar document, that is issued by the competent authority of the country of export or re-export of the scheduled species for the export or re-export of the scheduled species, and contains the prescribed information; and ( b ) where required by the country of import or final destination of the scheduled species — a valid CITES permit or certificate, or any other similar document, that is issued by the competent authority of that country or destination for the import of the scheduled species, and contains the prescribed information. (2) Different information may be prescribed under subsection (1)( a ) or ( b ) for different classes of cases. (3) Without limiting the expression “valid” in subsection (1)( a ) or ( b ) — ( a ) any document mentioned in subsection (1)( a ) that is issued or purported to be issued by a competent authority for the export or re-export of any scheduled species after the date of the export or re-export (as the case may be) is not valid for the purposes of that provision unless — (i) the scheduled species is a scheduled species specified in Appendix II or III of the Schedule; and (ii) the circumstances that led to the retrospective issue of the document were not caused or contributed to by the exporter or re-exporter (as the case may be), or the importer, of the scheduled species; and ( b ) any document mentioned in subsection (1)( a ) or ( b ) that is issued or purported to be issued by a competent authority and contains any alteration is not valid for the purposes of that provision unless the alteration is — (i) endorsed with the seal or stamp of the competent authority; and (ii) authenticated by the signature (or signatures) of the person (or persons) who is (or are) authorised to authenticate the alteration for the competent authority. (4) Any owner, importer, exporter or re-exporter of the scheduled species who contravenes subsection (1) shall be guilty of an offence. (5) Any person (except a person mentioned in section 5A(1) or (2)) who is guilty of an offence under subsection (4) shall be liable on conviction — ( a ) in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix I of the Schedule — to a fine not exceeding $100,000 for each specimen of that scheduled species (but not exceeding $500,000 for, or the market value (at the material time of the offence) of, all the specimens of that scheduled species comprised in the offence, whichever is higher) or to imprisonment for a term not exceeding 6 years or to both; and ( b ) in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix II or III of the Schedule — to a fine not exceeding $50,000 for each specimen of that scheduled species (but not exceeding $500,000 for, or the market value (at the material time of the offence) of, all the specimens of that scheduled species comprised in the offence, whichever is higher) or to imprisonment for a term not exceeding 4 years or to both. (6) In this section, “alteration”, for a document, includes deletion or erasure of anything in the document. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s5A
chapter: PART 2 - CONTROL OF IMPORT, EXPORT, ETC.,
section: 5A
title: Penalty for corporate offenders, etc., for offence under section 4 or 5
content:
5A. —(1) Any corporation, unincorporated association or partnership that is guilty of an offence under section 4(1)( a ), ( b ) or ( c ) or 5(4) shall be liable on conviction — ( a ) in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix I of the Schedule — to a fine not exceeding $200,000 for each specimen of that scheduled species (but not exceeding $1 million for, or the market value (at the material time of the offence) of, all the specimens of that scheduled species comprised in the offence, whichever is higher); and ( b ) in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix II or III of the Schedule — to a fine not exceeding $100,000 for each specimen of that scheduled species (but not exceeding $1 million for, or the market value (at the material time of the offence) of, all the specimens of that scheduled species comprised in the offence, whichever is higher). (2) Where a person mentioned in section 20(2) or 20A(2) in relation to a corporation, an unincorporated association or a partnership is guilty of the same offence mentioned in subsection (1) as is the corporation, unincorporated association or partnership, the person shall be liable on conviction — ( a ) in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix I of the Schedule — to a fine not exceeding the amount specified in subsection (1)( a ) or to imprisonment for a term not exceeding 8 years or to both; and ( b ) in the case where the offence is committed in respect of one or more specimens of any scheduled species specified in Appendix II or III of the Schedule — to a fine not exceeding the amount specified in subsection (1)( b ) or to imprisonment for a term not exceeding 6 years or to both. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s6
chapter: PART 2 - CONTROL OF IMPORT, EXPORT, ETC.,
section: 6
title: Defence to offence under section 4 or 5
content:
6. —(1) Subject to subsection (2), in any proceedings for an offence under section 4 or 5, it is a defence for the person charged to prove — ( a ) that the commission of the offence was due to the act or default of another person or to some other cause beyond the control of the person charged; and ( b ) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged. (2) If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without the permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of that other person. [Act 25 of 2021 wef 01/04/2022]


document_id: esiea-2006
provision_ref: s7
chapter: PART 2 - CONTROL OF IMPORT, EXPORT, ETC.,
section: 7
title: Permit for import, export, etc., of scheduled species
content:
7. —(1) Any person who wishes to import, introduce from the sea, export or re-export any scheduled species must apply to the Director-General for a permit. (2) Every application under subsection (1) must — ( a ) be made in the form and manner that the Director-General requires; and ( b ) be supported by the documents and information that the Director-General requires to decide on the application. (3) Subject to subsection (4), the Director-General may do either of the following on an application made in respect of any scheduled species under subsection (1): ( a ) issue to the applicant a permit or certificate to import, introduce from the sea, export or re-export (as the case may be) the scheduled species, subject to any condition or restriction the Director-General thinks fit; ( b ) refuse the application. (4) The Director-General must refuse an application in respect of any scheduled species made under subsection (1) that is accompanied or supported by any CITES permit or certificate, or any other similar document (called in this subsection the document), if — ( a ) the document is issued or purported to be issued by the competent authority of a country for the export or re-export of the scheduled species after the date of the export or re-export (as the case may be) and — (i) the scheduled species is a scheduled species specified in Appendix I of the Schedule; or (ii) the circumstances that led to the retrospective issue of the document were caused by or contributed to by the exporter or re-exporter (as the case may be), or the importer, of the scheduled species; or ( b ) the document is issued or purported to be issued by the competent authority of a country for the import, export or re-export of the scheduled species and contains any alteration, unless the alteration is — (i) endorsed with the seal or stamp of the competent authority; and (ii) authenticated by the signature (or signatures) of the person (or persons) who is (or are) authorised to authenticate the alteration for the competent authority. (5) In this section, “alteration”, for a document, includes deletion or erasure of anything in the document. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s8
chapter: PART 2 - CONTROL OF IMPORT, EXPORT, ETC.,
section: 8
title: Cancellation of permit
content:
8. —(1) The Director‑General may at any time cancel a permit if — ( a ) any condition or restriction of the permit is contravened; or ( b ) the Director‑General is satisfied that the permit was issued as a result of a misleading statement or a misrepresentation of a material fact. (2) Where the Director‑General cancels a permit under subsection (1), the Director‑General must immediately notify the holder of the permit. (3) Where the Director‑General has notified the holder of a permit under subsection (2) of the cancellation of the holder’s permit, the holder of the permit must immediately surrender the permit to the Director‑General. (4) Any holder of a permit who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence.


document_id: esiea-2006
provision_ref: s9
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 9
title: Power of inspection
content:
9. An authorised officer may, for the purpose of ensuring compliance with this Act, do all or any of the following: ( a ) at any reasonable time enter and inspect any premises or conveyance in which the officer reasonably believes there is any item to which this Act applies or any document relating to the administration of this Act; ( b ) open or cause to be opened any door, window, lock, fastener, compartment, box, container or any other thing that the officer reasonably believes contains any such item or document; ( c ) inspect any such item, and take such item or any sample thereof free of charge; ( d ) inspect or copy, in whole or in part, any such document; ( e ) make such examination or inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with; ( f ) exercise such other powers as may be reasonable and necessary for giving effect to the provisions of this Act.


document_id: esiea-2006
provision_ref: s10
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 10
title: Power to investigate and require information
content:
10. —(1) Where the Director‑General has reason to believe that any person has contravened any provision of this Act, the Director‑General may investigate the matter and, for the purposes of any such investigation, the Director‑General may — ( a ) call upon any authorised officer to make whatever preliminary investigation the Director‑General considers necessary; ( b ) require the production for inspection by the Director‑General or any authorised officer of any book, document or paper which may relate to or be connected with the subject matter of the investigation; ( c ) require any person to give all information in relation to any such book, document or paper which may be reasonably required by the Director‑General or the authorised officer; ( d ) require any person to furnish any other information as the Director‑General or the authorised officer may require; and ( e ) by written order require any person in Singapore whom the Director‑General or authorised officer has reason to believe to be acquainted with any fact or circumstance relevant to that purpose to attend before the Director‑General or authorised officer to answer any question (to the best of that person’s knowledge, information and belief) and to furnish any document or information. [10/2019] (2) If the Director‑General has reason to suspect that any scheduled species found in any premises or conveyance or in the possession of any person has been imported or introduced from the sea, the Director‑General may require any person who has in the person’s possession or custody or under the person’s control the scheduled species — ( a ) to declare its scientific name; and ( b ) to furnish to the Director‑General such other information as the Director‑General may require. (3) The Director‑General or an authorised officer may record any information furnished by any person under subsection (1) or (2) as a statement which is admissible as evidence in any proceedings in connection with any offence under this Act. (4) The person mentioned in subsection (1)( e ) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture. [10/2019] (5) A statement made by any person examined under subsection (1)( e ) 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. [10/2019] (6) If any person fails to attend before the Director‑General or an authorised officer as required by an order under subsection (1)( e ), the Director‑General or authorised officer may report the failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order. [10/2019]


document_id: esiea-2006
provision_ref: s11
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 11
title: Power of entry, search and seizure
content:
11. —(1) An authorised officer may — ( a ) without warrant enter and search any premises and stop, board and search any conveyance in or on which the authorised officer reasonably suspects that there is to be found any scheduled species in contravention of this Act; and [Act 21 of 2022 wef 01/11/2022] ( b ) search any person found in such premises or conveyance. [Act 21 of 2022 wef 01/11/2022] ( c ) [ Deleted by Act 21 of 2022 wef 01/11/2022 ] (2) For the purpose of exercising his or her power under this Act, an authorised officer may, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, compartment, box, container or any other thing. (3) An authorised officer may seize the following: ( a ) any scheduled species liable to seizure; ( b ) any receptacle or package in which the scheduled species mentioned in paragraph ( a ) is found, and any handling or other device used for or in connection with the scheduled species; ( c ) any thing (including any animal or plant that is not a scheduled species) that is used to conceal the scheduled species mentioned in paragraph ( a ); ( d ) any article or conveyance with which, or by means of which, an offence under section 4 or 5 is reasonably suspected to be, or has been, committed; ( e ) any food or drink which accompanies the scheduled species mentioned in paragraph ( a ); ( f ) any other thing which appears to be or to contain evidence of an offence under section 4 or 5. [Act 21 of 2022 wef 01/11/2022] (3A) Where any thing seized under subsection (3) is perishable, the Director-General or an authorised officer may dispose of it in any manner that the Director-General or authorised officer thinks fit. [Act 21 of 2022 wef 01/11/2022] (4) For the purposes of this section, any animal or plant is liable to seizure if an authorised officer has reason to suspect that it is a scheduled species — ( a ) which is being or has been imported, introduced from the sea, exported or re-exported in contravention of section 4(1)( a ); [Act 21 of 2022 wef 01/11/2022] ( b ) which is possessed by or under the control of or being sold or offered or exposed or advertised for sale, or being displayed in contravention of section 4(1)( b ); [Act 21 of 2022 wef 01/11/2022] ( c ) which is being sold or offered or exposed or advertised for sale, or being displayed in contravention of section 4(1)( c ); or [Act 21 of 2022 wef 01/11/2022] ( d ) which is in transit in Singapore in contravention of section 5(1).


document_id: esiea-2006
provision_ref: s12
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 12
title: Powers ancillary to inspections and searches
content:
12. —(1) For the purpose of carrying out an inspection under section 9 or a search under section 11, an authorised officer may stop a conveyance or direct that it be moved to a place where the inspection or search may be carried out. (2) Any item (including any sample thereof) taken under section 9, or any animal, plant or item seized under section 11(3), may be kept or stored in the premises or conveyance where it was taken or seized (as the case may be) or may, at the direction of the Director‑General or an authorised officer, be removed to any other place to be kept or stored thereat. [Act 21 of 2022 wef 01/11/2022] (3) The Director‑General or an authorised officer may subject any animal, plant or item referred to in subsection (2) to such examination or analysis as the Director‑General or authorised officer may consider necessary for the purposes of the administration of this Act. (4) No compensation is payable in respect of any animal, plant or item which is damaged or otherwise destroyed by virtue of any examination or analysis under subsection (3), unless the damage or destruction is directly attributable to the negligence or default of the Director‑General or the authorised officer. (5) The Director‑General or an authorised officer may mark, seal or label any animal, plant or item referred to in subsection (2) in any manner that the Director‑General or authorised officer thinks fit and may lock or seal the premises, conveyance or other place in which it is being kept or stored. (6) Any person who, without the authority of the Director‑General or an authorised officer — ( a ) interferes or tampers with, removes, distributes, sells or otherwise disposes of any animal, plant or item referred to in subsection (2); ( b ) opens, breaks or otherwise tampers with the lock or seal placed by the Director‑General or an authorised officer on any premises or conveyance or part thereof under subsection (5); or ( c ) alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Director‑General or an authorised officer on any animal, plant or item under subsection (5), shall be guilty of an offence.


document_id: esiea-2006
provision_ref: s12A
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 12A
title: Authorised officer’s assistants
content:
12A. An authorised officer may be accompanied or assisted by persons necessary for the exercise of the authorised officer’s powers under section 9, 11 or 12. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s13
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 13
title: Power to require scheduled species to be marked, etc.
content:
13. —(1) The Director‑General may require any owner, importer, exporter or re‑exporter of scheduled species to brand, label or otherwise mark the scheduled species to the satisfaction of the Director‑General. (2) Despite subsection (1), the Director‑General may brand, label or mark any such scheduled species. (3) Any person who contravenes any requirement of the Director‑General under subsection (1) shall be guilty of an offence. (4) Any person who alters, counterfeits, defaces, destroys, erases or removes any brand, label or mark referred to in subsection (1) or (2) without the prior approval of the Director‑General shall be guilty of an offence. (5) In this section, a reference to the labelling or marking of scheduled species includes a reference to the following: ( a ) in the case of a plant — (i) the labelling or marking of a container in which the plant is kept or in which the plant is growing; or (ii) the placement of a label or tag on the plant; and ( b ) in the case of an animal — (i) the implantation of a scannable device in the animal; (ii) the placement of a band on any part of the animal; (iii) the placement (whether by piercing or otherwise) of a tag, tattoo or ring on any part of the animal; or (iv) the labelling or marking of a container in which the animal is kept.


document_id: esiea-2006
provision_ref: s14
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 14
title: Power of arrest
content:
14. —(1) The Director‑General or any authorised officer may arrest without warrant any person committing or attempting to commit or whom the Director‑General or authorised officer reasonably suspects of being engaged in committing or attempting to commit any offence under this Act. (2) The Director‑General or any authorised officer making an arrest without warrant must, subject to subsection (3), without unnecessary delay bring the person arrested before a Magistrate’s Court or a District Court. (3) No person who has been arrested by the Director‑General or any authorised officer is to be released, except on the person’s own bond or on bail or on the special order in writing of the Magistrate, the District Judge or the Director‑General.


document_id: esiea-2006
provision_ref: s15
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 15
title: Seized items liable or not liable to forfeiture
content:
15. All seized items are liable to forfeiture under section 15A or 15B, except a conveyance which — ( a ) is of more than 200 tons net; or ( b ) is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s15A
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 15A
title: Forfeiture, etc., of seized items by court in criminal proceedings
content:
15A. —(1) A court may, in any criminal proceeding against a person for an offence under this Act, order that a seized item in connection with the offence be forfeited to the Director-General if — ( a ) where the seized item is a conveyance — the person is convicted of the offence and the conveyance is proved to have been used in the commission of the offence; or ( b ) where the seized item is not a conveyance — the court is satisfied that an offence under this Act has been committed and that the seized item was the subject matter, or used (or intended to have been used) in the commission, or constitutes evidence, of the offence. (2) The court may consider the question of forfeiture under subsection (1) on its own motion if no party raises the question in the proceedings before the court. (3) A conveyance mentioned in subsection (1)( a ) must not be forfeited under that provision if its owner establishes that the conveyance was unlawfully in the possession of another person without the consent of the owner. (4) The court may make an order under subsection (1)( b ) for the forfeiture of any seized item even though no person is convicted of an offence. (5) If the court does not order the forfeiture of a seized item under subsection (1), the court may — ( a ) order the release of the seized item to the owner of or the person entitled to the seized item; or ( b ) where the owner of or the person entitled to the seized item cannot be ascertained or found — make any order or give any direction that the court thinks fit in relation to the disposal of the seized item. (6) The court must not order the release of a seized item under subsection (5) if the court is satisfied that the seized item is relevant for the purposes of any investigation or criminal proceeding for an offence under this Act. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s15B
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 15B
title: Forfeiture, etc., of seized items (except conveyance) in other circumstances
content:
15B. —(1) The Director-General must, in respect of a seized item, give its owner (if known) and the person from whom it was seized a written notice requiring any claim for the seized item to be made in accordance with subsection (2) within the time specified in the notice, if — ( a ) no criminal proceeding is instituted against any person for an offence under this Act in relation to the seized item; and ( b ) the Director-General is satisfied that the seized item is not relevant for the purposes of any investigation under this Act. (2) A person who wishes to claim the seized item (called in this section the claimant) must submit, either personally or through an authorised agent, a written claim (containing the basis of the claimant’s claim) to the Director-General. (3) The seized item is forfeited to the Director-General if — ( a ) no claim is received for the seized item within the period stated in the written notice mentioned in subsection (1); or ( b ) the owner of the seized item consents to its disposal by the Director-General. (4) If the Director-General receives a written claim for the seized item under subsection (2) within the period stated in the written notice mentioned in subsection (1), the Director-General may release the seized item to the claimant or refer the matter to a District Judge or Magistrate for decision. (5) Where the Director-General refers the matter to a District Judge or Magistrate for decision under subsection (4), the District Judge or Magistrate may issue a summons requiring the claimant or any other person to appear before the District Judge or Magistrate to be examined or give evidence on the matter. (6) The District Judge or Magistrate may order that the seized item be forfeited to the Director-General, if the District Judge or Magistrate is satisfied that an offence under this Act has been committed and that the seized item was the subject matter, or used (or intended to have been used) in the commission, or constitutes evidence, of the offence. (7) If the District Judge or Magistrate does not order the forfeiture of a seized item under subsection (6), the District Judge or Magistrate may — ( a ) order the release of the seized item to the owner of or the person entitled to the seized item; or ( b ) where the owner of or the person entitled to the seized item cannot be ascertained or found — make any order or give any direction that the District Judge or Magistrate thinks fit in relation to the disposal of the seized item. (8) In this section and section 15C, “authorised agent”, for a claimant, means a person who is designated in writing by the claimant as the claimant’s authorised agent for the purposes of the applicable section. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s15C
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 15C
title: Release of seized conveyance in other circumstances
content:
15C. —(1) Where a conveyance is seized under this Act, the Director-General must give its owner (if known) and the person from whom it was seized a written notice requiring any claim for the conveyance to be made in accordance with subsection (2) within the time specified in the notice, if — ( a ) no criminal proceeding is instituted against any person for an offence under this Act in relation to the conveyance; and ( b ) the Director-General is satisfied that the conveyance is not relevant for the purposes of any investigation under this Act. (2) A person who wishes to claim the conveyance (called in this section the claimant) must submit, either personally or through an authorised agent, a written claim (containing the basis of the claimant’s claim) to the Director-General. (3) Subject to subsection (4), if the Director-General receives a written claim for the conveyance under subsection (2) within the period stated in the written notice mentioned in subsection (1), the Director-General must release the conveyance to the claimant. (4) The Director-General may refer the matter to a District Judge or Magistrate for decision if — ( a ) no claim is received for the conveyance within the period stated in the written notice mentioned in subsection (1); or ( b ) the Director-General is unable to ascertain the owner of or the person entitled to the conveyance. (5) Where the Director-General refers the matter to a District Judge or Magistrate for decision under subsection (4), the District Judge or Magistrate may issue a summons requiring the claimant or any other person to appear before the District Judge or Magistrate to be examined or give evidence on the matter. (6) After considering the matter, the District Judge or Magistrate may — ( a ) order the release of the conveyance to the owner of or the person entitled to the conveyance; or ( b ) where the owner of or the person entitled to the conveyance cannot be ascertained or found — make any order or give any direction that the District Judge or Magistrate thinks fit in relation to the disposal of the conveyance. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s15D
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 15D
title: Director-General’s powers after forfeiture
content:
15D. —(1) Where any item is forfeited to the Director-General under or pursuant to section 15A or 15B, the Director-General may — ( a ) in the case where the item is a scheduled species which was brought into Singapore in or on a conveyance in contravention of this Act — direct the owner of the conveyance to repatriate the scheduled species to the place from which the scheduled species was brought into Singapore or any other place designated by the Director-General; or ( b ) in any case — dispose of the item in any manner that the Director-General thinks fit. (2) The owner of a conveyance who is directed to repatriate any scheduled species under subsection (1)( a ) must, at the owner’s expense, arrange for — ( a ) the repatriation of the scheduled species in accordance with the direction; and ( b ) the proper care and maintenance of the scheduled species during the repatriation. (3) A person is not required to comply with subsection (2) in respect of a direction made under subsection (1)( a ) unless the direction is made within — ( a ) 12 months after the date on which the scheduled species mentioned in the direction was brought into Singapore; or ( b ) 6 months after the date on which criminal proceedings for the offence in connection with the contravention mentioned in subsection (1)( a ) are concluded or the date on which the offence is compounded, whichever is the later. (4) Any person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s15E
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 15E
title: Expenses
content:
15E. —(1) The following persons are responsible for any expenses incurred by the Director-General or any authorised officer for the seizure, detention, storage, housing, care, maintenance, testing, transport, repatriation or disposal of any seized item: ( a ) in the case where the item is a scheduled species which was brought into Singapore in contravention of this Act — the owner of the scheduled species and the person who brought the scheduled species, or caused the scheduled species to be brought, into Singapore (jointly and severally); ( b ) in the case where the item is a scheduled species which was being exported or re-exported from Singapore in contravention of this Act — the owner, and the exporter or re-exporter (as the case may be), of the scheduled species (jointly and severally); ( c ) in the case where the item is seized in connection with — (i) any scheduled species mentioned in paragraph ( a ) — the persons mentioned in that paragraph, jointly and severally; or (ii) any scheduled species mentioned in paragraph ( b ) — the persons mentioned in that paragraph, jointly and severally; ( d ) in any other case — the owner of the item. (2) If the amount of the expenses mentioned in subsection (1) is not paid by the person responsible for the expenses under that subsection within 14 days after demand, the amount may be reported to a Magistrate’s Court or a District Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court or a District Court. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s16
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 16
title: Obstruction
content:
16. Any person who — ( a ) obstructs or impedes the Director‑General or any authorised officer in the execution of the Director‑General’s or authorised officer’s duty under this Act; or ( b ) without reasonable excuse, refuses or fails to produce or furnish any book, document, paper or information or render all necessary assistance as may be required or directed by the Director‑General or an authorised officer, shall be guilty of an offence.


document_id: esiea-2006
provision_ref: s17
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 17
title: Penalty for false declarations, etc.
content:
17. —(1) Any person who, being required by this Act to make or furnish any declaration, statement, representation or information or to produce any document or who, for the purpose of obtaining any permit under this Act — ( a ) makes or furnishes any declaration, statement, representation or information which is false or misleading in a material particular; or [Act 21 of 2022 wef 01/11/2022] ( b ) produces any document which the person knows or has reason to believe — (i) is false or misleading in any material particular; (ii) has not been given by the person by whom it is purported to have been given; or (iii) contains any unauthorised alteration or has been tampered with in any way, [Act 21 of 2022 wef 01/11/2022] shall be guilty of an offence. [Act 21 of 2022 wef 01/11/2022] (2) Any person who — ( a ) without lawful authority alters, forges, mutilates or defaces any permit; or ( b ) knowingly makes use of any permit which has been so altered, forged, mutilated or defaced, shall be guilty of an offence.


document_id: esiea-2006
provision_ref: s18
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 18
title: General penalty
content:
18. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: esiea-2006
provision_ref: s19
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 19
title: Abetment of offences
content:
19. Any person who abets the commission of, or who attempts to commit, any offence under this Act shall be guilty of an offence and shall be liable on conviction to be punished with the punishment provided for the offence.


document_id: esiea-2006
provision_ref: s20
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 20
title: Offences by corporations
content:
20. —(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. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) 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. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) 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) In this section — “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. (7) The Minister may make rules to provide for the application of any provision of this section, with any modification that the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s20A
chapter: PART 3 - ENFORCEMENT POWERS AND PROCEEDINGS
section: 20A
title: Offences by unincorporated associations or partnerships
content:
20A. —(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 partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (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 as the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with any modification that the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s21
chapter: PART 4 - MISCELLANEOUS
section: 21
title: Advisory Committee
content:
21. —(1) The Minister may establish an Advisory Committee consisting of such members as the Minister may appoint. (2) The Advisory Committee is to advise the Director‑General upon any question which the Director‑General may refer to it in connection with the administration of this Act.


document_id: esiea-2006
provision_ref: s22
chapter: PART 4 - MISCELLANEOUS
section: 22
title: Fees, etc., payable to Board
content:
22. All fees, charges and moneys collected under this Act or any rules made under this Act (except composition sums) must be paid to the Board. [10/2019]


document_id: esiea-2006
provision_ref: s22A
chapter: PART 4 - MISCELLANEOUS
section: 22A
title: Evidence
content:
22A. A document purporting to be under the hand of the Director-General or an authorised officer on any matter or thing in connection with the administration or enforcement of, or any investigation carried out under, this Act is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated in the document. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s22B
chapter: PART 4 - MISCELLANEOUS
section: 22B
title: Protection of informers
content:
22B. —(1) Except as provided in subsection (3), no witness in any civil or criminal proceedings is obliged or permitted — ( a ) to disclose the name, address or other particulars of an informer who has given information with respect to an offence under this Act, or the substance of the information received from the informer; or ( b ) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name, address or other particulars of the informer. (2) If any document which is in evidence or liable to inspection in any civil or criminal proceedings, contains any entry in which the informer is named or described or which might lead to the discovery of the informer’s identity, the court must cause the entry to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery. (3) If, during any civil or criminal proceedings — ( a ) the court, after full inquiry into the case, believes that the informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or ( b ) the court is of the opinion that justice cannot be fully done in the proceedings without discovery of the identity of the informer, it is lawful for the court to require the production of the original information, in such form as the court may accept, and to permit inquiry and require full disclosure of the informer. (4) In this section, “informer” includes every person who is not called as a witness for the prosecution in a criminal case and who has made any complaint or report or given any information in respect of any offence under this Act alleged to have been committed by any person. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s22C
chapter: PART 4 - MISCELLANEOUS
section: 22C
title: Protection from personal liability
content:
22C. No liability shall lie against the Director-General or an authorised officer, or any person acting under the direction of the Director-General or an authorised officer, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function under this Act. [Act 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s23
chapter: PART 4 - MISCELLANEOUS
section: 23
title: Board not liable for damage caused to goods or property as result of search, etc.
content:
23. Subject to this Act, the Board is not liable to make good any damage caused to or any loss of goods or property (including any animal or plant) as a result of any entry, search, detention or anything which is done under this Act. [10/2019]


document_id: esiea-2006
provision_ref: s24
chapter: PART 4 - MISCELLANEOUS
section: 24
title: Jurisdiction of court, etc.
content:
24. —(1) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. (2) For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving the written complaint signed by the Director‑General or an authorised officer, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of the Criminal Procedure Code 2010. [15/2010]


document_id: esiea-2006
provision_ref: s25
chapter: PART 4 - MISCELLANEOUS
section: 25
title: Composition of offences
content:
25. —(1) The Director‑General 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 $5,000. (2) If an offence is compounded under this Act, any seized item (except a conveyance) in connection with the offence is liable to forfeiture under section 15A or 15B. [Act 21 of 2022 wef 01/11/2022] (3) Subject to subsection (2), on payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (4) All composition sums collected under this section must be paid into the Consolidated Fund. [10/2019]


document_id: esiea-2006
provision_ref: s26
chapter: PART 4 - MISCELLANEOUS
section: 26
title: Exemption
content:
26. —(1) The Minister may, by order in the Gazette , exempt any person or scheduled species or any class or description of persons or scheduled species from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed. (2) The Director‑General may on the application of any person, by written notice, exempt the person from all or any of the provisions of this Act if the Director‑General considers it appropriate to do so in the circumstances of the case. (3) An exemption under subsection (2) — ( a ) may be granted subject to such terms or conditions as the Director‑General may specify by written notice; ( b ) need not be published in the Gazette ; and ( c ) may be withdrawn at any time by the Director‑General.


document_id: esiea-2006
provision_ref: s27
chapter: PART 4 - MISCELLANEOUS
section: 27
title: Service of documents
content:
27. —(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) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) A document may be served on a person under this Act by email only with that person’s prior written consent. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes 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 21 of 2022 wef 01/11/2022]


document_id: esiea-2006
provision_ref: s29
chapter: PART 4 - MISCELLANEOUS
section: 29
title: Rules
content:
29. —(1) The Minister may make rules — ( a ) providing for the issue of permits for the import, introduction from the sea, export or re-export of scheduled species; [Act 21 of 2022 wef 01/11/2022] ( b ) prescribing the form, duration, terms, conditions and restrictions of any permit and the fees payable for the permit, and providing for the cancellation and suspension thereof; ( c ) providing for the imposition of a levy on the import, export or re‑export of any scheduled species; ( d ) authorising the sale or possession or control of or other dealing in scheduled species and prescribing the circumstances and conditions under which a person may be in possession or in control of or sell or otherwise deal with any scheduled species; ( e ) relating to the branding, packaging, marking either permanently or temporarily and labelling of scheduled species for the purpose of identification; ( f ) prescribing the fees to be charged in respect of anything done under or by virtue of this Act; ( g ) prescribing any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act. (2) Rules made under this Act — ( a ) may provide that a contravention of any provision of the rules shall be an offence; ( b ) may provide for penalties not exceeding a fine of $50,000 or imprisonment for a term not exceeding 2 years or both for each offence.


document_id: esiea-2006
provision_ref: s30
chapter: PART 4 - MISCELLANEOUS
section: 30
title: Saving and transitional provision
content:
30. Any application for a permit, and any permit, approval, notice, order or other document, made, issued or given under the repealed Endangered Species (Import and Export) Act (Cap. 92A, 2000 Revised Edition) is, so far as it is not inconsistent with the provisions of this Act, deemed to have been made, issued or given under this Act.


document_id: esipa-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “aided school” means a school which — ( a ) is established by any person other than the Government; and ( b ) is conducted by a committee of management which is in receipt of a grant-in-aid from the Government for the defraying of the expenses incurred for conducting the school, but excludes an independent school; “CONNECT Plan” means the CONNECT Plan established by regulations made under section 3; “Fund” means the CONNECT Fund established under section 11; “Government school” means any school that is established by and under the management of the Government but excludes an independent school; “independent school” means any school that is — ( a ) specified in any order made under section 3(1) of the School Boards (Incorporation) Act 1990; or ( b ) a school which is declared by the Minister by notification in the Gazette to be an independent school for the purposes of this Act; “qualifying service” means teaching service prescribed to be qualifying service; “school” includes a junior college and a centralised institute but excludes any tertiary institute or training institute; “teaching duties” includes — ( a ) the administration of any school; ( b ) the inspection or supervision of individuals engaged in teaching duties in any school; and ( c ) other duties connected with the teaching or other services provided at any school, being duties for the performance of which experience as a teacher is an advantage; “teaching service” means service, whether part‑time or full‑time — ( a ) as a public officer in the Education Service; or ( b ) as an employee of an aided school for teaching duties.


document_id: esipa-2001
provision_ref: s3
chapter: PART 2 - CONNECT PLAN
section: 3
title: Establishment of CONNECT Plan
content:
3. —(1) The Minister must by regulations establish a scheme to be known as the CONNECT Plan for the benefit of — ( a ) all public officers appointed (whether before or after the commencement of the regulations) to the permanent establishment in the Education Service and who are below Superscale grade; and ( b ) all individuals employed other than for a term (whether before or after the commencement of the regulations) by the managers of any aided school for teaching duties, and who are remunerated on terms equivalent to any public officer mentioned in paragraph ( a ), who, on or after the commencement of those regulations, will be members of the scheme. (2) The regulations made under subsection (1) must provide for the payment of an award — ( a ) to a member of the CONNECT Plan; or ( b ) if the member dies before such payment — (i) to such of the member’s dependants as the Minister thinks fit; or (ii) if the member has no dependants, to the member’s legal personal representative, on account of the member completing the prescribed period of qualifying service. (3) The regulations made under subsection (1) must provide — ( a ) for the payment of contributions by the Government to the CONNECT Fund in respect of each member, including prescribing different contributions for different classes of members; ( b ) for the circumstances under which such contributions and awards may be withheld or restored; and ( c ) for the determination of qualifying service.


document_id: esipa-2001
provision_ref: s4
chapter: PART 2 - CONNECT PLAN
section: 4
title: Awards not as of right
content:
4. No member has an absolute right to compensation for past service or to any award under the CONNECT Plan.


document_id: esipa-2001
provision_ref: s5
chapter: PART 2 - CONNECT PLAN
section: 5
title: Saving for powers of dismissal of employer
content:
5. Nothing in this Act or any regulations made under section 3 limits any right of the Public Service Commission, or any of its delegates, or the managers of any aided school to dismiss without compensation any member from its teaching service.


document_id: esipa-2001
provision_ref: s6
chapter: PART 2 - CONNECT PLAN
section: 6
title: Non-assignability or attachment, etc., of awards
content:
6. No award payable under the CONNECT Plan, no contribution by the Government made under the CONNECT Plan and no interest thereon (if any) is assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than — ( a ) a debt due to the Government; or ( b ) an order of court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child (whether legitimate or not) of the member to whom the award has been granted.


document_id: esipa-2001
provision_ref: s7
chapter: PART 2 - CONNECT PLAN
section: 7
title: Contributions excluded from bankrupt member’s property
content:
7. —(1) No contribution by the Government made under the CONNECT Plan and no interest on the contribution (if any) is to be subject to the debts of any member of the CONNECT Plan. (2) No contribution and interest mentioned in subsection (1) is to pass to the Official Assignee on the bankruptcy of a member, and if the member is adjudicated a bankrupt, such contribution and interest (if any) are deemed excluded from the property of the bankrupt for the purposes of the Insolvency, Restructuring and Dissolution Act 2018. [40/2018]


document_id: esipa-2001
provision_ref: s8
chapter: PART 2 - CONNECT PLAN
section: 8
title: Effect on conviction, dismissal, etc., on awards and contributions
content:
8. —(1) It is lawful for the Minister to withhold or refuse to pay (in whole or in part) any award which would under this Act or the regulations made under section 3 be paid to a member if, at the date of the payment of the award, the member — ( a ) has been convicted and sentenced to death or any term of imprisonment, by any court of competent jurisdiction, whether in Singapore or elsewhere, for any crime or offence and has not received a free pardon; or ( b ) has been dismissed, reduced in rank or charged with any disciplinary charge for any negligence, irregularity or misconduct in the teaching service. (2) It is also lawful for the Minister to withhold or refuse (in whole or in part) any contribution which is required by this Act or the regulations made under section 3 to be made by the Government on account of a member under the CONNECT Plan if, at the date the contribution is due, the member — ( a ) has been convicted and sentenced to death or any term of imprisonment, by any court of competent jurisdiction, whether in Singapore or elsewhere, for any crime or offence and has not received a free pardon; or ( b ) has been dismissed, reduced in rank or charged with any disciplinary charge for any negligence, irregularity or misconduct in the teaching service.


document_id: esipa-2001
provision_ref: s9
chapter: PART 2 - CONNECT PLAN
section: 9
title: Awards not part of member’s estate
content:
9. Subject to the provisions of any regulations made under section 3, all moneys paid or payable under the CONNECT Plan in respect of a deceased member are not to be deemed to form part of his or her estate or be subject to the payment of his or her debts but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929.


document_id: esipa-2001
provision_ref: s10
chapter: PART 2 - CONNECT PLAN
section: 10
title: Recovery of awards paid in ignorance of disqualifying facts
content:
10. It is a condition of the payment of every award under the CONNECT Plan that the Government may recover, cancel or reduce it if it is shown to have been obtained by the wilful suppression of material facts or to have been paid in ignorance of facts which, had the facts been known before the payment of that award to the member, would have justified the member’s dismissal from the teaching service or a reduction of the member’s salary.


document_id: esipa-2001
provision_ref: s11
chapter: PART 3 - CONNECT FUND
section: 11
title: Establishment of CONNECT Fund
content:
11. —(1) A fund called the CONNECT Fund is established, into which must be paid all the following moneys: ( a ) the sums appropriated from the Consolidated Fund and authorised to be paid into the Fund by or under any written law as contributions under the CONNECT Plan or to enable the Fund to meet its liabilities under this Act or any other written law; ( b ) all revenues of Singapore allocated by written law to the Fund; ( c ) the net income from investments of moneys in the Fund authorised to be made by this Act or any other written law. (2) The Fund must be regarded as a Government fund and as comprising public moneys for the purposes of any other written law. (3) For the purposes of subsection (1)( c ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Fund any profit derived or loss sustained (as the case may be) from the realisation of those investments.


document_id: esipa-2001
provision_ref: s12
chapter: PART 3 - CONNECT FUND
section: 12
title: Purposes of Fund
content:
12. The moneys in the Fund may only be withdrawn and applied to meet any one or more of the following purposes: ( a ) the payment of any award under the CONNECT Plan; ( b ) all expenses incidental to or arising from the administration, investment and management of the Fund, including the cost of auditing the accounts of the Fund; ( c ) any other purposes related to aided schools or Government schools that may be prescribed by the Minister by notification in the Gazette .


document_id: esipa-2001
provision_ref: s13
chapter: PART 3 - CONNECT FUND
section: 13
title: Fund surpluses
content:
13. The Minister may, by warrant under the hand of the Minister, authorise the transfer to the Consolidated Fund any moneys in the Fund which, in the opinion of the Minister and the Minister for Finance, are not immediately required to meet the liabilities or the purposes of the Fund.


document_id: esipa-2001
provision_ref: s14
chapter: PART 3 - CONNECT FUND
section: 14
title: Withdrawals
content:
14. —(1) Moneys must not be withdrawn from the Fund unless they are charged upon the Fund or are authorised or directed to be withdrawn or transferred under this Act. (2) A payment must not be made out of the Fund unless the payment is authorised by the Minister.


document_id: esipa-2001
provision_ref: s15
chapter: PART 4 - AUDIT AND ACCOUNTING
section: 15
title: Accounts, financial statements and audit
content:
15. —(1) The Minister is responsible for the administration of the Fund. (2) The Minister must cause to be kept proper accounts and records of all transactions and affairs relating to the Fund and must do all things necessary to ensure that payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over the assets and receipts of the Fund. (3) The Minister must, as soon as practicable after the close of each financial year, cause to be prepared and submitted financial statements in respect of that year to the auditor mentioned in section 16. (4) The financial year of the Fund begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: esipa-2001
provision_ref: s16
chapter: PART 4 - AUDIT AND ACCOUNTING
section: 16
title: Appointment, powers and duties of auditor
content:
16. —(1) The accounts and annual financial statements of the Fund must be audited by the Auditor‑General or any other auditor that may be appointed annually by the Minister in consultation with the Auditor‑General. (2) A person is not qualified for appointment as an auditor under subsection (1) unless that person is a public accountant within the meaning of the Accountants Act 2004. [5/2004] (3) The auditor’s remuneration is to be charged upon the Fund. (4) The auditor or any person authorised by the auditor is entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Fund and may make copies of, or extracts from, any such accounting and other records. (5) The auditor or any person authorised by the auditor may require any person to provide the auditor or person authorised by the auditor any information in that person’s possession or to which that person has access which the auditor considers necessary for the purposes of the auditor’s functions under this Act. (6) Any person who, without reasonable excuse, fails to comply with any requirement of the auditor under subsection (5) or who otherwise hinders, obstructs or delays the auditor in the performance of the auditor’s duties or the exercise of the auditor’s powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (7) The auditor must in the auditor’s report state — ( a ) whether the financial statements show fairly the financial transactions and the state of affairs of the Fund; ( b ) whether proper accounting and other records have been kept, including records of all assets of the Fund; ( c ) whether receipts, expenditure, and investment of moneys and the acquisition and disposal of assets on account of the Fund during the financial year were in accordance with the provisions of this Act; and ( d ) any other matters arising from the audit that the auditor considers necessary. (8) The auditor must — ( a ) as soon as practicable, after the accounts have been submitted for audit, send a report of the audit to the Minister; and ( b ) submit such periodical and special reports to the Minister as may appear to the auditor to be necessary or as the Minister may require. (9) Where the Auditor‑General is not the auditor of the Fund, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor‑General when they are submitted to the Minister. (10) The Minister must, as soon as practicable, cause a copy of the audited financial statements and the auditor’s report to be presented to Parliament.


document_id: esipa-2001
provision_ref: s17
chapter: PART 4 - AUDIT AND ACCOUNTING
section: 17
title: Periodic examination of Fund
content:
17. —(1) For successive periods of any duration, not exceeding 5 years, determined by the Minister in each case, an examination of the Fund must be made by a person appointed by the Minister with a view to determining the state of the Fund having regard to its prospective liabilities and the probable annual provisions required by the Fund to meet those liabilities. (2) Despite subsection (1), where an amendment is made to the CONNECT Plan, and the amendment affects the cost of benefits payable under the CONNECT Plan or creates an initial unfunded liability, the Minister may, for the purposes of section 11(1)( a ), appoint a person to make an examination and report on the state of the Fund. (3) The person appointed under subsection (1) or (2) must, at the end of the person’s examination, report to the Minister for Finance and the Minister the state of the Fund having regard to its prospective liabilities and the probable annual provisions required by the Fund to meet those liabilities. (4) The Minister must cause a copy of every such report to be presented to Parliament forthwith after receiving it.


document_id: eta-2010
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 an electronic communication, means a party who is intended by the originator to receive the electronic communication, but does not include a party acting as an intermediary with respect to that electronic communication; “authorised officer”, in relation to the exercise of any power or performance of any duty under this Act, means a person to whom the exercise of that power or performance of that duty has been delegated under section 27; “automated message system” means a computer program or an electronic or other automated means used to initiate an action or respond to data messages or performances in whole or in part, without review or intervention by a natural person each time an action is initiated or a response is generated by the program or electronic or other means; “communication” includes any statement, declaration, demand, notice, request, offer or the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract; “Controller” means the Controller appointed under section 27(1) and includes a Deputy Controller or an Assistant Controller appointed under section 27(3); “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; “electronic communication” means any communication that the parties make by means of electronic records; “electronic record” means a record generated, communicated, received or stored by electronic means in an information system or for transmission from one information system to another; “electronic transferable record” has the meaning given by section 16A; “information” includes data, text, images, sound, codes, computer programs, software and databases; “information system” means a system for generating, sending, receiving, storing or otherwise processing electronic records; “originator”, in relation to an electronic communication, means a party by whom, or on whose behalf, the electronic communication has been sent or generated prior to storage (if any) but does not include a party acting as an intermediary with respect to that electronic communication; “public agency” means a department or ministry of the Government, an Organ of State or a public authority established by or under a public Act; “record” means information that is inscribed, stored or otherwise fixed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; “rule of law” includes written law; “secure electronic record” means an electronic record that is treated as a secure electronic record by virtue of section 17(1) or any other provision of this Act; “secure electronic signature” means an electronic signature that is treated as a secure electronic signature by virtue of section 18 or any other provision of this Act; “security procedure” means a procedure for the purpose of — ( a ) verifying that an electronic record is that of a specific person; or ( b ) detecting error or alteration in the communication, content or storage of an electronic record since a specific point in time, which may require the use of algorithms or codes, identifying words or numbers, encryption, answerback or acknowledgment procedures, or similar security devices; “signed” or “signature” means a method (electronic or otherwise) used to identify a person and to indicate the intention of that person in respect of the information contained in a record; “specified security procedure” means a security procedure which is specified in the Second Schedule; “specified security procedure provider” means a person involved in the provision of a specified security procedure. [5/2021] (2) In this Act, “place of business”, in relation to a party, means — ( a ) any place where the party maintains a non‑transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or ( b ) if the party is a natural person and he or she does not have a place of business, the person’s habitual residence. (3) For the purposes of subsection (2) — ( a ) if a party has indicated the party’s place of business, the location indicated by the party is presumed to be the party’s place of business unless another party proves that the party making the indication does not have a place of business at that location; ( b ) if a party has not indicated a place of business and has more than one place of business, then the place of business is that which has the closest relationship to the relevant contract, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the contract; ( c ) a location is not a place of business merely because that location is — (i) where equipment and technology supporting an information system used by a party in connection with the formation of a contract, or the creation or use of electronic transferable records, are located; or (ii) where the information system may be accessed by other parties; and ( d ) the sole fact that a party makes use of a domain name, an electronic mail address or other electronic address, or other elements of an information system connected to a specific country does not create a presumption that its place of business is located in that country. [5/2021] (4) Where an electronic communication does not relate to any contract, references to a contract in subsection (3) refer to the relevant transaction.


document_id: eta-2010
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purposes and construction
content:
3. This Act is to be construed consistently with what is commercially reasonable under the circumstances and to give effect to the following purposes: ( a ) to facilitate electronic communications by means of reliable electronic records; ( b ) to facilitate electronic commerce, to eliminate barriers to electronic commerce resulting from uncertainties over writing and signature requirements, and to promote the development of the legal and business infrastructure necessary to implement secure electronic commerce; ( c ) to facilitate electronic filing of documents with public agencies, and to promote efficient delivery by public agencies of services by means of reliable electronic records; ( d ) to minimise the incidence of forged electronic records, intentional and unintentional alteration of records, and fraud in electronic commerce and other electronic transactions; ( e ) to help to establish uniformity of rules, regulations and standards regarding the authentication and integrity of electronic records; ( f ) to promote public confidence in the integrity and reliability of electronic records and electronic commerce, and to foster the development of electronic commerce through the use of electronic signatures to lend authenticity and integrity to correspondence in any electronic medium; ( g ) to implement the United Nations Convention on the Use of Electronic Communications in International Contracts adopted by the General Assembly of the United Nations on 23 November 2005 and to make the law of Singapore on electronic transactions, whether or not involving parties whose places of business are in different States, consistent with the provisions of that Convention; ( h ) to adopt the UNCITRAL Model Law on Electronic Transferable Records adopted by the United Nations Commission on International Trade Law on 13 July 2017 in its application to an electronic transferable record, whether the electronic transferable record is issued or used in Singapore or outside Singapore. [5/2021]


document_id: eta-2010
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Excluded matters
content:
4. —(1) The provisions of this Act specified in the first column of the First Schedule do not apply to any rule of law requiring writing or signatures in any of the matters specified in the second column of that Schedule. (2) The Minister may, by order in the Gazette , amend the First Schedule.


document_id: eta-2010
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Party autonomy
content:
5. —(1) Nothing in Part 2 affects any rule of law or obligation requiring the agreement or consent of the parties as to the form of a communication or record, and (unless otherwise agreed or provided by a rule of law) such agreement or consent may be inferred from the conduct of the parties. (2) Nothing in Part 2 prevents the parties to a contract or transaction from — ( a ) excluding the use of electronic records, electronic communications or electronic signatures in the contract or transaction by agreement; or ( b ) imposing additional requirements as to the form or authentication of the contract or transaction by agreement. (3) Subject to any other rights or obligations of the parties to a contract or transaction, the parties may, by agreement — ( a ) exclude section 6, 11, 12, 13, 14, 15 or 16 from applying to the contract or transaction; or ( b ) derogate from or vary the effect of all or any of those provisions in respect of the contract or transaction.


document_id: eta-2010
provision_ref: s6
chapter: PART 2 - ELECTRONIC RECORDS,
section: 6
title: Legal recognition of electronic records
content:
6. To avoid doubt, it is declared that information is not to be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic record.


document_id: eta-2010
provision_ref: s7
chapter: PART 2 - ELECTRONIC RECORDS,
section: 7
title: Requirement for writing
content:
7. Where a rule of law requires information to be written, in writing, to be presented in writing or provides for certain consequences if it is not, an electronic record satisfies that rule of law if the information contained in the electronic record is accessible so as to be usable for subsequent reference.


document_id: eta-2010
provision_ref: s8
chapter: PART 2 - ELECTRONIC RECORDS,
section: 8
title: Requirement for signature
content:
8. Where a rule of law requires a signature, or provides for certain consequences if a document or a record is not signed, that requirement is satisfied in relation to an electronic record if — ( a ) a method is used to identify the person and to indicate that person’s intention in respect of the information contained in the electronic record; and ( b ) the method used is either — (i) as reliable as appropriate for the purpose for which the electronic record was generated or communicated, in the light of all the circumstances, including any relevant agreement; or (ii) proven in fact to have fulfilled the functions described in paragraph ( a ), by itself or together with further evidence.


document_id: eta-2010
provision_ref: s9
chapter: PART 2 - ELECTRONIC RECORDS,
section: 9
title: Retention of electronic records
content:
9. —(1) Where a rule of law requires any document, record or information to be retained, or provides for certain consequences if it is not, that requirement is satisfied by retaining the document, record or information in the form of an electronic record if the following conditions are satisfied: ( a ) the information contained therein remains accessible so as to be usable for subsequent reference; ( b ) the electronic record is retained in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received; ( c ) such information (if any) as enables the identification of the origin and destination of an electronic record and the date and time when it was sent or received, is retained; and ( d ) any additional requirements relating to the retention of such electronic records specified by the public agency which has supervision over the requirement for the retention of such records are complied with. (2) An obligation to retain any document, record or information in accordance with subsection (1)( c ) does not extend to any information necessarily and automatically generated solely for the purpose of enabling a record to be sent or received. (3) A person may satisfy the requirement mentioned in subsection (1) by using the services of any other person, if the conditions in paragraphs ( a ) to ( d ) of that subsection are complied with. (4) Nothing in this section applies to — ( a ) any rule of law which expressly provides for the retention of documents, records or information in the form of electronic records; or ( b ) any rule of law requiring that any document, record or information be retained (or which provides for consequences if not) that the Minister, by order in the Gazette , excludes from the application of this section in respect of such document, record or information.


document_id: eta-2010
provision_ref: s10
chapter: PART 2 - ELECTRONIC RECORDS,
section: 10
title: Provision of originals
content:
10. —(1) Where a rule of law requires any document, record or information to be provided or retained in its original form, or provides for certain consequences if it is not, that requirement is satisfied by providing or retaining the document, record or information in the form of an electronic record if the following conditions are satisfied: ( a ) there exists a reliable assurance as to the integrity of the information contained in the electronic record from the time the document, record or information was first made in its final form, whether as a written document or as an electronic record; ( b ) where the document, record or information is to be provided to a person, the electronic record that is provided to the person is capable of being displayed to the person; and ( c ) any additional requirements relating to the provision or retention of such electronic records specified by the public agency which has supervision over the requirement for the provision or retention of such records are complied with. (2) For the purposes of subsection (1)( a ) — ( a ) the criterion for assessing integrity is whether the information has remained complete and unaltered, apart from the introduction of any changes that arise in the normal course of communication, storage and display; and ( b ) the standard of reliability required must be assessed in the light of the purpose for which the information was generated and in the light of all the relevant circumstances. (3) A person may satisfy the requirement mentioned in subsection (1) by using the services of any other person, if the conditions in paragraphs ( a ), ( b ) and ( c ) of that subsection are complied with. (4) Nothing in this section applies to any rule of law requiring that any document, record or information be provided or retained in its original form (or which provides for consequences if not) that the Minister, by order in the Gazette , excludes from the application of this section in respect of such document, record or information.


document_id: eta-2010
provision_ref: s11
chapter: PART 2 - ELECTRONIC RECORDS,
section: 11
title: Formation and validity of contracts
content:
11. —(1) To avoid doubt, it is declared that in the context of the formation of contracts, an offer and the acceptance of an offer may be expressed by means of electronic communications. (2) Where an electronic communication is used in the formation of a contract, that contract is not to be denied validity or enforceability solely on the ground that an electronic communication was used for that purpose.


document_id: eta-2010
provision_ref: s12
chapter: PART 2 - ELECTRONIC RECORDS,
section: 12
title: Effectiveness between parties
content:
12. As between the originator and the addressee of an electronic communication, a declaration of intent or other statement is not to be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic communication.


document_id: eta-2010
provision_ref: s13
chapter: PART 2 - ELECTRONIC RECORDS,
section: 13
title: Time and place of despatch and receipt
content:
13. —(1) The time of despatch of an electronic communication is — ( a ) the time when it leaves an information system under the control of the originator or of the party who sent it on behalf of the originator; or ( b ) if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator, the time when the electronic communication is received. (2) The time of receipt of an electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee. (3) The time of receipt of an electronic communication at an electronic address that has not been designated by the addressee is the time when the electronic communication becomes capable of being retrieved by the addressee at that address and the addressee becomes aware that the electronic communication has been sent to that address. (4) For the purposes of subsections (2) and (3), an electronic communication is presumed to be capable of being retrieved by the addressee when it reaches the electronic address of the addressee. [5/2021] (5) An electronic communication is deemed to be despatched at the place where the originator has its place of business and is deemed to be received at the place where the addressee has its place of business. (6) Subsections (2), (3) and (4) apply even though the place where the information system supporting an electronic address is located may be different from the place where the electronic communication is deemed to be received under subsection (5).


document_id: eta-2010
provision_ref: s14
chapter: PART 2 - ELECTRONIC RECORDS,
section: 14
title: Invitation to make offer
content:
14. A proposal to conclude a contract made through one or more electronic communications which is not addressed to one or more specific parties, but is generally accessible to parties making use of information systems, including a proposal that makes use of interactive applications for the placement of orders through such information systems, is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance.


document_id: eta-2010
provision_ref: s15
chapter: PART 2 - ELECTRONIC RECORDS,
section: 15
title: Use of automated message systems for contract formation
content:
15. A contract formed by the interaction of an automated message system and a natural person, or by the interaction of automated message systems, is not to be denied validity or enforceability solely on the ground that no natural person reviewed or intervened in each of the individual actions carried out by the automated message systems or the resulting contract.


document_id: eta-2010
provision_ref: s16
chapter: PART 2 - ELECTRONIC RECORDS,
section: 16
title: Error in electronic communications
content:
16. —(1) Where a natural person makes an input error in an electronic communication exchanged with the automated message system of another party and the automated message system does not provide the person with an opportunity to correct the error, that person, or the party on whose behalf that person was acting, has the right to withdraw the portion of the electronic communication in which the input error was made. (2) Subsection (1) does not apply unless the person, or the party on whose behalf that person was acting — ( a ) notifies the other party of the error as soon as possible after having learned of the error and indicates that he or she made an error in the electronic communication; and ( b ) has not used or received any material benefit or value from the goods or services (if any) received from the other party. (3) Nothing in this section affects the application of any rule of law that may govern the consequences of any error other than as provided for in subsections (1) and (2).


document_id: eta-2010
provision_ref: s16A
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16A
title: Interpretation of this Part
content:
16A. —(1) In this Part, unless the context otherwise requires — “bill of exchange” includes a bill of exchange within the meaning of the Bills of Exchange Act 1949, or under any other rule of law, or the law of a country or territory outside Singapore; “bill of lading” includes a bill of lading within the meaning of the Carriage of Goods by Sea Act 1972, the Bills of Lading Act 1992, or under any other rule of law, or the law of a country or territory outside Singapore; “electronic record” means a record generated, communicated, received or stored by electronic means, including (where appropriate) all information logically associated with or otherwise linked together so as to become part of the record, whether generated contemporaneously or not; “electronic transferable record” means an electronic record that complies with all the requirements of section 16H; “electronic transferable records management system” means an information system for the issuance, transfer, control, presentation and storage of electronic transferable records; “Model Law” means the UNCITRAL Model Law on Electronic Transferable Records adopted by the United Nations Commission on International Trade Law on 13 July 2017; “promissory note” includes a promissory note within the meaning of the Bills of Exchange Act 1949, or under any other rule of law, or the law of a country or territory outside Singapore; “provider”, in relation to an electronic transferable records management system, means a person that provides to another person the use of an electronic transferable records management system; “transferable document or instrument” means a document or an instrument issued on paper that entitles the holder to claim the performance of the obligation indicated in the document or instrument and to transfer the right to performance of the obligation indicated in the document or instrument through the transfer of that document or instrument, and includes — ( a ) a bill of exchange; ( b ) a promissory note; and ( c ) a bill of lading. [5/2021] (2) In the interpretation of any provision of this Part — ( a ) regard is to be had to the international origin of the Model Law and the need to promote uniformity in its application; ( b ) the following documents are relevant documents for the purposes of section 9A(3)( f ) of the Interpretation Act 1965: (i) any document relating to the Model Law that is issued by, or that forms part of the record on the preparation of the Model Law maintained by, the United Nations Commission on International Trade Law and its working group for the preparation of the Model Law; (ii) the Explanatory Note to the UNCITRAL Model Law on Electronic Transferable Records; and ( c ) any question concerning matters governed by this Part which are not expressly settled in this Part are to be settled in conformity with the general principles on which the Model Law is based. [5/2021]


document_id: eta-2010
provision_ref: s16B
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16B
title: Adoption of Model Law
content:
16B. —(1) This Part adopts the Model Law in its application to an electronic transferable record in accordance with the provisions of this Part. [5/2021] (2) Unless otherwise provided, nothing in this Part affects the application to an electronic transferable record of any rule of law governing a transferable document or instrument. [5/2021]


document_id: eta-2010
provision_ref: s16C
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16C
title: Additional information in electronic transferable records
content:
16C. Nothing in this Part precludes the inclusion of any information in an electronic transferable record in addition to any information contained in a transferable document or instrument. Examples ( a ) An electronic transferable record may contain additional information that is included due to its electronic nature such as metadata or a unique identifier. ( b ) An electronic transferable record may contain additional dynamic information, that is, additional information that may change periodically or continuously, based on an external source, for example the price of a publicly‑traded commodity or the position of a vessel. [5/2021]


document_id: eta-2010
provision_ref: s16D
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16D
title: Requirement of consent
content:
16D. —(1) Nothing in this Part requires a person to use an electronic transferable record without the person’s consent. [5/2021] (2) The consent of a person to use an electronic transferable record may be inferred from the person’s conduct. [5/2021] (3) Pursuant to subsection (1) — ( a ) the parties who do not consent to the use of an electronic transferable record may derogate from all the provisions of this Part; but ( b ) the parties may not derogate from only some but not all the provisions of this Part. [5/2021] Division 2 &#x2014; Provisions on functional equivalence


document_id: eta-2010
provision_ref: s16E
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16E
title: Legal recognition of electronic transferable record
content:
16E. To avoid doubt, an electronic transferable record is not to be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic record. [5/2021]


document_id: eta-2010
provision_ref: s16F
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16F
title: Requirement for writing
content:
16F. Section 7 applies to an electronic transferable record as it applies to an electronic record within the meaning of section 2(1). [5/2021]


document_id: eta-2010
provision_ref: s16G
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16G
title: Requirement for signature
content:
16G. Where a rule of law requires a signature of a person, or provides for certain consequences if a transferable document or instrument is not signed, that requirement is met with respect to an electronic transferable record if a reliable method is used — ( a ) to identify that person; and ( b ) to indicate that person’s intention in respect of the information contained in the electronic transferable record. [5/2021]


document_id: eta-2010
provision_ref: s16H
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16H
title: Transferable documents or instruments
content:
16H. —(1) Where a rule of law requires a transferable document or instrument, that requirement is met by an electronic record if — ( a ) the electronic record contains the information that would be required to be contained in the transferable document or instrument; and ( b ) a reliable method is used — (i) to identify that electronic record as the authoritative electronic record constituting the electronic transferable record; (ii) to render that electronic record capable of being subject to control from its creation until it ceases to have any effect or validity; and (iii) to retain the integrity of that electronic record. [5/2021] (2) For the purposes of subsection (1)( b )(iii), the criterion for assessing integrity is whether information contained in the electronic record, including any authorised change that arises from its creation until it ceases to have any effect or validity, has remained complete and unaltered apart from any change that arises in the normal course of communication, storage or display. [5/2021]


document_id: eta-2010
provision_ref: s16I
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16I
title: Requirement for possession or transfer of possession
content:
16I. —(1) Where a rule of law requires the possession of a transferable document or instrument, or provides for certain consequences if a transferable document or instrument is not possessed, that requirement is met with respect to an electronic transferable record if a reliable method is used — ( a ) to establish exclusive control of that electronic transferable record by a person; and ( b ) to identify that person as the person in control. [5/2021] (2) Where a rule of law requires the transfer of possession of a transferable document or instrument, or provides for certain consequences if possession of a transferable document or instrument is not transferred, that requirement is met with respect to an electronic transferable record through the transfer of control over the electronic transferable record to another person in accordance with subsection (1). [5/2021] Division 3 &#x2014; Use of electronic transferable record


document_id: eta-2010
provision_ref: s16J
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16J
title: Indication of time and place in electronic transferable record
content:
16J. Where a rule of law requires the indication of time or place with respect to a transferable document or instrument, or provides for certain consequences if time or place is not indicated with respect to a transferable document or instrument, that requirement is met if a reliable method is used to indicate that time or place with respect to an electronic transferable record. [5/2021]


document_id: eta-2010
provision_ref: s16K
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16K
title: Indorsement
content:
16K. Where a rule of law requires the indorsement in any form of a transferable document or instrument, or provides for certain consequences if a transferable document or instrument is not indorsed, that requirement is met with respect to an electronic transferable record if the information required for the indorsement is included in the electronic transferable record in compliance with the requirements for writing and signature in sections 16F and 16G respectively. [5/2021]


document_id: eta-2010
provision_ref: s16L
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16L
title: Amendment
content:
16L. Where a rule of law requires the amendment of a transferable document or instrument, or provides for certain consequences if a transferable document or instrument is not amended, that requirement is met with respect to an electronic transferable record if a reliable method is used for the amendment of any information in the electronic transferable record so that the amended information is identified as such. [5/2021]


document_id: eta-2010
provision_ref: s16M
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16M
title: Change of medium from transferable document or instrument to electronic transferable record
content:
16M. —(1) An electronic transferable record may replace a transferable document or instrument if a reliable method for the change of medium in accordance with this section is used. [5/2021] (2) For the change of medium mentioned in subsection (1) to take effect, the following requirements must be satisfied: ( a ) all the information contained in the transferable document or instrument must be accurately reproduced in the electronic transferable record that replaces the transferable document or instrument; ( b ) a statement indicating a change of medium must be inserted in the electronic transferable record that replaces the transferable document or instrument. [5/2021] (3) Upon the issuance of the electronic transferable record in accordance with subsections (1) and (2), the transferable document or instrument — ( a ) ceases to have any effect or validity; and ( b ) must be made inoperative. [5/2021] (4) A change of medium in accordance with subsections (1) and (2) does not affect the rights and obligations of the parties. [5/2021]


document_id: eta-2010
provision_ref: s16N
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16N
title: Change of medium from electronic transferable record to transferable document or instrument
content:
16N. —(1) A transferable document or instrument may replace an electronic transferable record if a reliable method for the change of medium in accordance with this section is used. [5/2021] (2) For the change of medium mentioned in subsection (1) to take effect, the following requirements must be satisfied: ( a ) all the information contained in the electronic transferable record must be accurately reproduced in the transferable document or instrument that replaces the electronic transferable record; ( b ) a statement indicating a change of medium must be inserted in the transferable document or instrument that replaces the electronic transferable record. [5/2021] (3) For the purposes of subsection (2)( a ), the information in the electronic transferable record that must be accurately reproduced in the transferable document or instrument that replaces the electronic transferable record does not include any additional information that may be contained in an electronic transferable record mentioned in section 16C. [5/2021] (4) Upon the issuance of the transferable document or instrument in accordance with subsections (1) and (2), the electronic transferable record — ( a ) ceases to have any effect or validity; and ( b ) must be made inoperative. [5/2021] (5) A change of medium in accordance with subsections (1) and (2) does not affect the rights and obligations of the parties. [5/2021] Division 4 &#x2014; General reliability standard


document_id: eta-2010
provision_ref: s16O
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16O
title: General reliability standard
content:
16O. —(1) For the purposes of sections 16G, 16H, 16I, 16J, 16L, 16M and 16N, the reliable method mentioned in each of these provisions must be — ( a ) as reliable as appropriate for the fulfilment of the function for which the method is being used, in the light of all the relevant circumstances, which may include — (i) any operational rules that are relevant to the assessment of reliability; (ii) the assurance of data integrity; (iii) the ability to prevent unauthorised access to and use of the system; (iv) the security of hardware and software; (v) the regularity and extent of audit by an independent body; (vi) the existence of a declaration by a supervisory body, an accreditation body or a voluntary scheme, regarding the reliability of the method; or (vii) any applicable industry standard; or ( b ) proven in fact to have fulfilled the function by itself or together with any further evidence. [5/2021] (2) In any proceedings involving an electronic transferable record that is issued, transferred, controlled, presented and stored by means of an accredited electronic transferable records management system provided by a provider that is registered, licensed, accredited or recognised in accordance with regulations made under section 16Q, it is presumed, unless evidence to the contrary is adduced, that the methods used by the electronic transferable records management system to fulfil the requirements under this Part in relation to the electronic transferable record are as reliable as appropriate. [5/2021] (3) The presumption in subsection (2) applies only if the electronic transferable record is issued, transferred, controlled, presented and stored by means of the accredited electronic transferable records management system provided by the provider during the period in which the provider is registered, licensed, accredited or recognised under this Part. [5/2021] Division 5 &#x2014; Cross‑border recognition of
electronic transferable record


document_id: eta-2010
provision_ref: s16P
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16P
title: Non‑discrimination of foreign electronic transferable records
content:
16P. —(1) An electronic transferable record is not to be denied legal effect, validity or enforceability solely on the ground that it was issued or used outside Singapore. [5/2021] (2) Nothing in this Part affects the application to an electronic transferable record of any rule of private international law governing a transferable document or instrument. [5/2021] Division 6 &#x2014; Accreditation, etc., of provider of electronic
transferable records management system


document_id: eta-2010
provision_ref: s16Q
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16Q
title: Regulations
content:
16Q. —(1) The Minister may make regulations for the carrying out of this Part and, without limiting such general power, may make regulations for the following purposes: ( a ) the registration, licensing or accreditation of providers of an electronic transferable records management system; ( b ) the accreditation of electronic transferable records management systems that satisfy the requirements of providing a reliable method under section 16O for the fulfilment of the requirements in relation to an electronic transferable record under this Part; ( c ) to prescribe the accounts to be kept by a provider of an electronic transferable records management system that is registered, licensed or accredited under this Part; ( d ) to provide for the appointment and remuneration of an auditor for the audit of a provider of an electronic transferable records management system that is registered, licensed or accredited under this Part, and for the costs of an audit carried out under the regulations; ( e ) to provide for the use of any accreditation mark in relation to the activities of a provider of an electronic transferable records management system in relation to such system, and for controls over the use of such accreditation mark; ( f ) to prescribe the duties and liabilities of a provider of an electronic transferable records management system that is registered, licensed or accredited under this Part in respect of its customers; ( g ) to provide for the conduct of any inquiry into the conduct of any provider of an electronic transferable records management system and its authorised representatives and the recovery of the costs and expenses involved in such an inquiry; ( h ) to prescribe the forms and fees applicable for the purposes of this Part. [5/2021] (2) Without limiting subsection (1), the Minister may make regulations to provide for the cross‑border recognition of a provider of an electronic transferable records management system that is incorporated, formed or established in a country or territory outside Singapore (called in this section a foreign provider) where the foreign provider — ( a ) is registered, licensed or accredited under a particular registration, licensing or accreditation scheme (as the case may be) established outside Singapore; and ( b ) carries on its business relating to the electronic transferable records management system in accordance with requirements that are at least equivalent or comparable to the requirements applicable to a provider of an electronic transferable records management system that is or would be registered, licensed or accredited under this Part. [5/2021] (3) Regulations made under this section may provide that a contravention of a specified provision shall be an offence and shall be punishable with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 12 months or with both. [5/2021]


document_id: eta-2010
provision_ref: s16R
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16R
title: Controller may give directions for compliance
content:
16R. —(1) The Controller may, by written notice, direct a provider of an electronic transferable records management system that is registered, licensed or accredited under this Part, or any of its officers, employees or authorised representatives, to take any measure or stop carrying on any activity specified in the notice that is necessary to ensure compliance with this Part. [5/2021] (2) Any person who fails to comply with any direction specified in a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [5/2021]


document_id: eta-2010
provision_ref: s16S
chapter: PART 2A - ELECTRONIC TRANSFERABLE RECORDS
section: 16S
title: Power to investigate
content:
16S. —(1) The Controller or an authorised officer may investigate the activities of a provider of an electronic transferable records management system that is registered, licensed or accredited under this Part, or any of its officers, employees or authorised representatives, in relation to their compliance with this Part. [5/2021] (2) For the purposes of subsection (1), the Controller may issue a written order to the provider or any of its officers, employees or authorised representatives, to further an investigation under this section or to secure compliance with this Part, including an order to produce records, accounts, data and documents kept by the provider, and to allow the Controller or an authorised officer to examine and copy any of them. [5/2021]


document_id: eta-2010
provision_ref: s17
chapter: PART 3 - SECURE ELECTRONIC RECORDS AND SIGNATURES
section: 17
title: Secure electronic record
content:
17. —(1) If a specified security procedure, or a commercially reasonable security procedure agreed to by the parties involved, has been properly applied to an electronic record to verify that the electronic record has not been altered since a specific point in time, such record is treated as a secure electronic record from such specific point in time to the time of verification. (2) For the purposes of this section and section 18, whether a security procedure is commercially reasonable must be determined having regard to the purposes of the procedure and the commercial circumstances at the time the procedure was used, including — ( a ) the nature of the transaction; ( b ) the sophistication of the parties; ( c ) the volume of similar transactions engaged in by either or all parties; ( d ) the availability of alternatives offered to but rejected by any party; ( e ) the cost of alternative procedures; and ( f ) the procedures in general use for similar types of transactions.


document_id: eta-2010
provision_ref: s18
chapter: PART 3 - SECURE ELECTRONIC RECORDS AND SIGNATURES
section: 18
title: Secure electronic signature
content:
18. —(1) If, through the application of a specified security procedure, or a commercially reasonable security procedure agreed to by the parties involved, it can be verified that an electronic signature was, at the time it was made — ( a ) unique to the person using it; ( b ) capable of identifying such person; ( c ) created in a manner or using a means under the sole control of the person using it; and ( d ) linked to the electronic record to which it relates in a manner such that if the record was changed the electronic signature would be invalidated, such signature is treated as a secure electronic signature . (2) Whether a security procedure is commercially reasonable must be determined in accordance with section 17(2).


document_id: eta-2010
provision_ref: s19
chapter: PART 3 - SECURE ELECTRONIC RECORDS AND SIGNATURES
section: 19
title: Presumptions relating to secure electronic records and signatures
content:
19. —(1) In any proceedings involving a secure electronic record, it is presumed, unless evidence to the contrary is adduced, that the secure electronic record has not been altered since the specific point in time to which the secure status relates. (2) In any proceedings involving a secure electronic signature, it is presumed, unless evidence to the contrary is adduced, that — ( a ) the secure electronic signature is the signature of the person to whom it correlates; and ( b ) the secure electronic signature was affixed by that person with the intention of signing or approving the electronic record. (3) In the absence of a secure electronic record or a secure electronic signature, nothing in this Part creates any presumption relating to the authenticity and integrity of the electronic record or electronic signature.


document_id: eta-2010
provision_ref: s20
chapter: PART 4 - REGULATION OF SPECIFIED SECURITY PROCEDURES
section: 20
title: Interpretation of this Part
content:
20. —(1) In this Part, “designated person” means any member of a class of specified security procedure providers specified in the Fourth Schedule. (2) To avoid doubt, a reference to this Part includes a reference to the Second, Third and Fourth Schedules.


document_id: eta-2010
provision_ref: s21
chapter: PART 4 - REGULATION OF SPECIFIED SECURITY PROCEDURES
section: 21
title: Specified security procedures
content:
21. —(1) The Minister may, by order in the Gazette , amend the Second Schedule to add, delete or modify any specified security procedure for the purposes of this Act. (2) The provisions set out in the Third Schedule apply to the corresponding specified security procedures. (3) The Minister may, by order in the Gazette , amend the Third Schedule to make provisions relating to any of the specified security procedures, including — ( a ) specifying the conditions under which any electronic signature may be treated as a secure electronic signature; ( b ) specifying the conditions under which any electronic record may be treated as a secure electronic record; ( c ) prescribing the effect of and duties relating to the use of specified security procedures, including the rights and duties of any persons relating to the use of such procedures and specifying rules relating to the presumptions, assumption of risk, foreseeability of reliance and liability limits applicable to the use of specified security procedures; and ( d ) prescribing offences in respect of the contravention of any provision in that Schedule, and prescribing fines not exceeding $20,000 or imprisonment which may not exceed 2 years or both, that may, on conviction, be imposed in respect of any such offence. (4) The Minister may, by order in the Gazette , amend the Fourth Schedule.


document_id: eta-2010
provision_ref: s22
chapter: PART 4 - REGULATION OF SPECIFIED SECURITY PROCEDURES
section: 22
title: Regulation of specified security procedures and specified security procedure providers
content:
22. —(1) The Minister may make regulations for the carrying out of this Part and, without affecting such general power, may make regulations for all or any of the following purposes: ( a ) the regulation, licensing or accreditation of specified security procedure providers and their authorised representatives; ( b ) safeguarding or maintaining the effectiveness and efficiency of the common security infrastructure relating to the use of secure electronic signatures and the authentication of electronic records, including the imposition of requirements to ensure interoperability between specified security procedure providers or in relation to any security procedure; ( c ) ensuring that the common security infrastructure relating to the use of secure electronic signatures and the authentication of electronic records complies with Singapore’s international obligations; ( d ) prescribing the forms and fees applicable for the purposes of this Part. (2) Without limiting subsection (1), the Minister may, in making regulations for the regulation, licensing or accreditation of specified security procedure providers and their authorised representatives — ( a ) prescribe the accounts to be kept by specified security procedure providers; ( b ) provide for the appointment and remuneration of an auditor, and for the costs of an audit carried out under the regulations; ( c ) provide for the establishment and regulation of any electronic system by a specified security procedure provider, whether by itself or in conjunction with other specified security procedure providers, and for the imposition and variation of requirements or conditions relating to the electronic system as the Controller may think fit; ( d ) make provisions to ensure the quality of repositories and the services they provide, including provisions for the standards, licensing or accreditation of repositories; ( e ) provide for the use of any accreditation mark in relation to the activities of specified security procedure providers and for controls over the use of the accreditation mark; ( f ) prescribe the duties and liabilities of specified security procedure providers registered, licensed or accredited under this Act in respect of their customers; and ( g ) provide for the conduct of any inquiry into the conduct of specified security procedure providers and their authorised representatives and the recovery of the costs and expenses involved in such an inquiry. (3) Without limiting subsection (1), the Minister may make regulations to provide for the cross‑border recognition of specified security procedure providers or specified security procedures or any processes or records related thereto, including any requirements — ( a ) relating to interoperability arrangements with the specified security procedure providers; ( b ) whether the specified security procedure providers satisfy certain requirements applicable to specified security procedure providers registered, accredited or licensed under this Act; ( c ) whether the specified security procedures, processes or records satisfy certain requirements applicable to specified security procedures, processes or records (as the case may be) under this Act; ( d ) that the processes or records have been guaranteed by a specified security procedure provider registered, accredited or licensed under this Act; ( e ) that — (i) the specified security procedure providers have been registered, accredited or licensed; (ii) the processes have been specified; or (iii) the records have been registered, under a particular registration, licensing or accreditation scheme (as the case may be) established outside Singapore; or ( f ) that the specified security procedure providers, specified security procedures, processes or records have been recognised under a particular bilateral or multilateral agreement with Singapore. (4) Regulations made under this section may provide that a contravention of a specified provision shall be an offence and may provide penalties for a fine not exceeding $50,000 or imprisonment for a term not exceeding 12 months or both.


document_id: eta-2010
provision_ref: s23
chapter: PART 4 - REGULATION OF SPECIFIED SECURITY PROCEDURES
section: 23
title: Controller may give directions for compliance
content:
23. —(1) The Controller may, by written notice, direct any designated person, or any officer, employee or authorised representative of a designated person — ( a ) to take such measures or stop carrying on such activities as are specified in the notice if they are necessary to ensure compliance with this Part; or ( b ) to cooperate with any other designated persons or public agencies as the Controller thinks necessary in the case of a public emergency. (2) Any person who fails to comply with any direction specified in a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. (3) If any doubt arises as to the existence of a public emergency for the purposes of subsection (1)( b ), a certificate signed by the Minister delivered to the designated person is conclusive evidence of the matters stated in the certificate.


document_id: eta-2010
provision_ref: s24
chapter: PART 4 - REGULATION OF SPECIFIED SECURITY PROCEDURES
section: 24
title: Power to investigate
content:
24. —(1) The Controller or an authorised officer may investigate the activities of any designated person, or any officer, employee or authorised representative of a designated person, in relation to their compliance with this Part. (2) For the purposes of subsection (1), the Controller may in writing issue an order to any designated person, or any officer, employee or authorised representative of a designated person, to further an investigation under this section or to secure compliance with this Part, including an order to produce records, accounts, data and documents kept by the designated person, and to allow the Controller or an authorised officer to examine and copy any of them.


document_id: eta-2010
provision_ref: s25
chapter: PART 5 - USE OF ELECTRONIC RECORDS
section: 25
title: Acceptance of electronic filing and issue of documents
content:
25. —(1) Any public agency that, pursuant to any written law — ( a ) accepts the filing of documents, or obtains information in any form; ( b ) requires that documents be created or retained; ( c ) requires documents, records or information to be provided or retained in their original form; ( d ) issues any permit, licence or approval; or ( e ) requires payment of any fee, charge or other amount by any method and manner of payment, may, despite anything to the contrary in such written law, carry out that function by means of electronic records or in electronic form. (2) In any case where a public agency decides to perform any of the functions in subsection (1) by means of electronic records or in electronic form, the public agency may specify — ( a ) the manner and format in which such electronic records are to be filed, created, retained , issued or provided; ( b ) where such electronic records have to be signed, the type of electronic signature required (including, if applicable, a requirement that the sender use a particular type of secure electronic signature); ( c ) the manner and format in which such signature is to be affixed to the electronic record, and the identity of or criteria that are to be met by any specified security procedure provider used by the person filing the document; ( d ) such control processes and procedures as may be appropriate to ensure adequate integrity, security and confidentiality of electronic records or payments; and ( e ) any other required attributes for electronic records or payments that are currently specified for corresponding paper documents. (3) To avoid doubt, despite anything to the contrary in any written law but subject to any specification made under subsection (2), where any person is required by any written law to — ( a ) file any document with or provide information in any form to a public agency; ( b ) create or retain any document for a public agency; ( c ) use a prescribed form for an application or notification to, or other transaction with, a public agency; ( d ) provide to or retain for a public agency any document, record or information in its original form; or ( e ) hold a permit, licence or other approval from a public agency, such a requirement is satisfied by an electronic record specified by the public agency for that purpose and — ( f ) in the case of a requirement mentioned in paragraph ( a ), ( c ) or ( d ), transmitted or retained (as the case may be) in the manner specified by the public agency; ( g ) in the case of a requirement mentioned in paragraph ( b ), created or retained (as the case may be) in the manner specified by the public agency; or ( h ) in the case of a requirement mentioned in paragraph ( e ), issued by the public agency. (4) Subject to sections 9 and 10, nothing in this Act by itself compels any public agency to accept or issue any document or information in the form of electronic records or to accept any payment in electronic form.


document_id: eta-2010
provision_ref: s26
chapter: PART 6 - LIABILITY OF NETWORK SERVICE PROVIDERS
section: 26
title: Liability of network service providers
content:
26. —(1) Subject to subsection (3), a network service provider shall not be subject to any civil or criminal liability under any rule of law in respect of third‑party material in the form of electronic records to which the network service provider merely provides access if such liability is founded on — ( a ) the making, publication, dissemination or distribution of such materials or any statement made in such material; or ( b ) the infringement of any rights subsisting in or in relation to such material. (2) Subject to subsection (3), a network service provider shall not be subject to any liability under the Personal Data Protection Act 2012 in respect of third‑party material in the form of electronic records to which the network service provider merely provides access. [26/2012] (3) Nothing in this section affects — ( a ) any obligation founded on contract; ( b ) the obligation of a network service provider as such under a licensing or other regulatory regime established under any written law; ( c ) any obligation imposed under any written law or by a court to remove, block or deny access to any material; or ( d ) any liability of a network service provider under the Copyright Act 2021 in respect of a rights infringement as defined by section 97 of that Act. [22/2021] (3A) To avoid doubt, subsection (1) does not apply in relation to any liability under section 45E, 45F or 45N of the Broadcasting Act 1994. [Act 38 of 2022 wef 01/02/2023] (4) In this section — “provides access”, in relation to third-party material, means the provision of the necessary technical means by which third‑party material may be accessed and includes the automatic and temporary storage of the third-party material for the purpose of providing access; “third-party”, in relation to a network service provider, means a person over whom the provider has no effective control. [22/2021]


document_id: eta-2010
provision_ref: s27
chapter: PART 7 - GENERAL
section: 27
title: Appointment of Controller and other officers
content:
27. —(1) The Minister may appoint any person to be the Controller for the purposes of this Act. (2) The Controller must, subject to any general or special directions of the Minister, perform such duties as are imposed and may exercise such powers as are conferred upon the Controller by this Act or any other written law. (3) The Controller may, after consulting the Minister, appoint by name or office such number of Deputy Controllers, Assistant Controllers and other officers as the Controller considers necessary for the purpose of assisting the Controller in the performance of the Controller’s duties and the exercise of the Controller’s powers under this Act. (4) The Controller may delegate the exercise of all or any of the powers conferred or duties imposed upon the Controller by this Act (except the power of delegation conferred by this subsection) to any officer appointed under subsection (3), subject to such conditions or limitations as the Controller may specify. (5) In exercising any of the powers of enforcement under this Act, an authorised officer must on demand produce to the person against whom the authorised officer is acting the authority issued to the authorised officer by the Controller. (6) The Controller, every officer appointed under subsection (3) and every authorised officer is deemed to be a public servant for the purposes of the Penal Code 1871.


document_id: eta-2010
provision_ref: s28
chapter: PART 7 - GENERAL
section: 28
title: Obligation of confidentiality
content:
28. —(1) A person must not disclose any information which has been obtained by him or her in the performance of his or her duties or the exercise of his or her powers under this Act, unless such disclosure is made — ( a ) with the permission of the person from whom the information was obtained or, where the information is the confidential information of a third person, with the permission of the third person; ( b ) for the purpose of the administration or enforcement of this Act; ( c ) for the purpose of assisting any public officer or officer of any other statutory board in the investigation or prosecution of any offence under any written law; or ( d ) in compliance with the requirement of any court or any written law. (2) For the purposes of this section, the reference to a person disclosing any information includes the person permitting any other person to have access to any electronic record, book, register, correspondence, information, document or other material which has been obtained by the firstmentioned person in the performance of his or her duties or the exercise of his or her powers under this Act. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: eta-2010
provision_ref: s29
chapter: PART 7 - GENERAL
section: 29
title: Access to computers and data
content:
29. —(1) The Controller or an authorised officer is entitled at any time to — ( a ) have access to and inspect and check the operation of any computer system and any associated apparatus or material which he or she has reasonable cause to suspect is or has been in use in connection with any offence under this Act; and ( b ) use or caused to be used any such computer system to search any data contained in or available to such computer system. (2) The Controller or an authorised officer is entitled to require — ( a ) the person by whom or on whose behalf the Controller or authorised officer has reasonable cause to suspect the computer is or has been so used; or ( b ) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to provide the Controller or authorised officer with such reasonable technical and other assistance as the Controller or authorised officer may require for the purposes of subsection (1). (3) Any person who — ( a ) obstructs the lawful exercise of the powers under subsection (1); or ( b ) fails to comply with a request under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: eta-2010
provision_ref: s30
chapter: PART 7 - GENERAL
section: 30
title: Production of documents, etc.
content:
30. The Controller or an authorised officer has, for the purposes of the execution of this Act, power to do all or any of the following: ( a ) require the production of any identification document from any person in relation to any offence under this Act; ( b ) make such inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with.


document_id: eta-2010
provision_ref: s31
chapter: PART 7 - GENERAL
section: 31
title: Obstruction of Controller or authorised officer
content:
31. Any person who obstructs, impedes, assaults or interferes with the Controller or any authorised officer in the performance of his or her functions under this Act shall be guilty of an offence.


document_id: eta-2010
provision_ref: s32
chapter: PART 7 - GENERAL
section: 32
title: Offences by bodies corporate, etc.
content:
32. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) Regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: eta-2010
provision_ref: s33
chapter: PART 7 - GENERAL
section: 33
title: General penalties
content:
33. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: eta-2010
provision_ref: s34
chapter: PART 7 - GENERAL
section: 34
title: Consent of Public Prosecutor
content:
34. No prosecution in respect of any offence under this Act may be instituted except by or with the consent of the Public Prosecutor.


document_id: eta-2010
provision_ref: s35
chapter: PART 7 - GENERAL
section: 35
title: Jurisdiction of court
content:
35. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: eta-2010
provision_ref: s36
chapter: PART 7 - GENERAL
section: 36
title: Composition of offences
content:
36. —(1) The Controller may compound any offence under this Act that is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (3) The Minister may make regulations prescribing the offences that may be compounded.


document_id: eta-2010
provision_ref: s37
chapter: PART 7 - GENERAL
section: 37
title: Power to exempt
content:
37. The Minister may, by order in the Gazette , exempt, subject to such terms and conditions as the Minister thinks fit, any person or class of persons from all or any of the provisions of this Act.


document_id: eta-2010
provision_ref: s38
chapter: PART 7 - GENERAL
section: 38
title: Regulations
content:
38. The Minister may make regulations to prescribe anything which is required to be prescribed under this Act (except sections 16Q and 22) and generally for the carrying out of the provisions of this Act (except sections 16Q and 22). [5/2021]


document_id: eta-2010
provision_ref: s39
chapter: PART 7 - GENERAL
section: 39
title: Transitional provisions
content:
39. —(1) Subject to subsection (2), this Act applies to all acts or transactions done in relation to an electronic record, including the generation, signing or communication of an electronic record, made on or after 1 July 2010. (2) If, immediately before 1 July 2010 — ( a ) by virtue of section 8 of the repealed Electronic Transactions Act (Cap. 88, 1999 Revised Edition) (called in this section the repealed Act), an electronic signature was treated as having satisfied a rule of law requiring a signature, or providing certain consequences if a document is not signed; ( b ) by virtue of section 9 of the repealed Act, an electronic record was treated as having satisfied a rule of law requiring certain documents, records or information to be retained; or ( c ) by virtue of section 15 of the repealed Act, an electronic record was treated as having been despatched or received, the provisions of this Act do not affect that treatment of the electronic signature or electronic record, as the case may be.


document_id: evca-2022
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Electric Vehicles Charging Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: evca-2022
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. In this Act — “acquire”, in relation to any thing, means — ( a ) to buy (by wholesale or retail) the thing; ( b ) to accept or receive a supply of the thing; or ( c ) to accept or receive a transfer of ownership or possession (by gift, lending or supply) of the thing; “advertisement” means any information or material that gives publicity or any announcement or notice that is — ( a ) any writing; ( b ) any still or moving picture, sign, symbol or other visual image; ( c ) any audible message; or ( d ) any combination of 2 or more of those things in paragraphs ( a ), ( b ) and ( c ); “approved person”, in relation to a homologated model, means a person given approval by the LTA under section 7(3) for that homologated model; “arrangement” includes a contract, an agreement, an understanding or other arrangement of any kind, whether written or unwritten; “authorised officer”, for any provision of this Act, means an individual who is appointed under section 89 as an authorised officer for the purposes of that provision; “battery”, in relation to an electric vehicle, means a rechargeable energy storage system which can be recharged with electricity externally so as to derive power to propel an electric vehicle equipped with that rechargeable energy storage system; “battery charge and swap station” or “BCSS” has the meaning given by section 4(4); “business” includes any business, whether or not carried on for profit and whether or not its primary function is connected with an EV charging service; “charge” means the transfer of electricity from a charging point or an EV charger to the battery of an electric vehicle; “charging point” means — ( a ) each electrical socket outlet that is part of a fixed EV charger from which electricity may be supplied during charging of a single electric vehicle; ( b ) each vehicle connector that is part of a fixed EV charger and is insertable into an electric vehicle inlet of a single electric vehicle so as to supply electricity during charging of that single electric vehicle; or ( c ) for a fixed EV charger which has both features in paragraphs ( a ) and ( b ), each combination of those features from which electricity may be supplied during charging of a single electric vehicle; “charging station” means a place in Singapore with an electrical installation — ( a ) to which a fixed EV charger is affixed; and ( b ) which provides one or more charging points, and includes a battery charge and swap station; “charging station operator” has the meaning given by section 4(1); “electric vehicle” or “EV” means a motor vehicle that is — ( a ) propelled wholly or partly by electricity, whether or not designed or adapted to be capable, in at least some circumstances or situations, of safely driving itself; and ( b ) equipped with a battery; “electric vehicle charger” or “EV charger” means any device that is used to supply electricity to the battery of an electric vehicle for the purpose of charging the battery, including any wiring, fitting or apparatus (but not the isolator) connected to the device for that same purpose; “electric vehicle charging service” or “EV charging service” has the meaning given by section 4(2); “electrical installation” has the meaning given by section 2(1) of the Electricity Act 2001; “fixed EV charger” means an EV charger that is, or is designed to be capable of being, affixed to any electrical installation, and includes the following: ( a ) a high‑powered fixed EV charger; ( b ) a pantograph fixed EV charger; “general public” means the general public in Singapore and includes a section of the general public in Singapore; “homologated model”, for an EV charger, means a model of EV charger in respect of which the LTA grants a section 7(3) approval; “licence” means a licence granted under Part 6 to undertake a regulated activity specified in the licence; “licensee” means a person to whom a licence is granted; “LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995; “LTA’s website” means the Internet website of the address prescribed; “motor vehicle” means a vehicle that — ( a ) is propelled wholly or partly by a motor or by any means other than human or animal power; and ( b ) is used or intended to be used on any road; “non‑fixed EV charger” means an EV charger that is not a fixed EV charger; “offence under this Act” includes an offence under any Regulations; “officer”, in relation to an applicant for a licence or a licensee, means — ( a ) where the applicant or licensee is a body corporate (including a limited liability partnership) — (i) an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body corporate or any position analogous to any of those offices; or (ii) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; ( b ) where the applicant or licensee is a partnership (including a limited partnership), a partner of the partnership; or ( c ) where the applicant or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of a committee of the unincorporated association, or any position analogous to any of those offices, and includes any person carrying out the duties of any such office referred to in paragraph ( a ), ( b ) or ( c ) if the office is vacant; “outsourced enforcement officer”, in relation to any provision of this Act or the Regulations, means an individual who — ( a ) is appointed under section 11 of the Land Transport Authority of Singapore Act 1995; ( b ) is authorised by or under that Act to exercise any powers under any provision of this Act or the Regulations, as the case may be; and ( c ) is acting within that authorisation; “place” means any of the following in Singapore: ( a ) a building or structure (whether permanent or temporary); ( b ) an open space or open area (whether indoor or outdoor); ( c ) a motor vehicle, and includes any part of a place, such as a room; “public authority” means a body that is established or constituted by or under a public Act to perform or discharge a public function, but does not include any Town Council; “publish” means to make available to the general public, in whatever form and by whatever means; “register of registered‑for‑charging EV chargers” is the register of that name required to be kept and maintained under section 22; “registered‑for‑charging EV charger” means an EV charger that is registered under section 19; “registered responsible person”, in relation to a registered‑for‑charging EV charger, means a person issued with the registration mark of that EV charger under section 20 or the last person to whom the registration is transferred under section 27; “regulated activity” means either or both of the following: ( a ) providing electric vehicle charging services in Singapore; ( b ) engaging in conduct as a charging station operator; “Regulations” means regulations made under section 94; “repeat offender”, in relation to any offence under this Act, means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty of the same offence on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence; “section 7(3) approval” means an approval given under section 7(3) in respect of a model of EV charger; “specially authorised EV charger” means an EV charger that is the subject of rules made under Part 4; “unregistered EV charger” means an EV charger that is not a registered‑for‑charging EV charger; “vehicle” means any vehicle designed or adapted for use on a road but excludes any of the following within the meanings given by the Active Mobility Act 2017: ( a ) a bicycle; ( b ) a mobility scooter; ( c ) a personal mobility device; ( d ) a wheelchair; ( e ) a wheeled toy.


document_id: evca-2022
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “supply”
content:
3. —(1) In this Act, “supply” includes carrying on any of the following activities, or a combination of those activities, in relation to any thing: ( a ) selling or agreeing to sell the thing; ( b ) bartering or exchanging the thing; ( c ) giving away the thing, whether or not as a prize or reward, or as a free sample or for the purpose of advertising, or in furtherance of, any trade or business; ( d ) selling, bartering, exchanging, hiring out or leasing out any product or object of which the thing forms a part; ( e ) doing any of the above as an agent or a broker, or by an agent or a broker. (2) For the purposes of this Act, a person takes part in the supply of any thing if the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply. (3) Despite subsection (2), a person is not treated as taking part in the supply of any thing by reason only that the person provided financing for any step taken in the process of the supply of that thing. (4) In this section, “sale” includes — ( a ) sale under a conditional sale agreement or a hire‑purchase agreement as defined by the Hire‑Purchase Act 1969; and ( b ) resale.


document_id: evca-2022
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meanings of “charging station operator”, “electric vehicle charging service” and associated terms
content:
4. —(1) A reference in this Act to a charging station operator is a reference to a person who — ( a ) operates in the course of any business, one or more charging stations for use primarily by the general public to charge any electric vehicle for its propulsion; ( b ) operates in the course of any business, one or more charging stations for the exclusive use of all or any of the following persons for any of the following purposes: (i) an employee of the person for the performance of employment duties — (A) to charge an electric vehicle under that employee’s charge and control; or (B) to exchange a depleted (in whole or in part) battery of an electric vehicle under that employee’s charge and control for a recharged battery; (ii) an outworker for the performance of duties under an outwork arrangement with the person — (A) to charge an electric vehicle under that outworker’s charge and control; or (B) to exchange a depleted (in whole or in part) battery of an electric vehicle under that outworker’s charge and control for a recharged battery; (iii) an individual engaged in any particular occupation under an arrangement with the person in order to carry on his or her occupation — (A) to charge an electric vehicle under that individual’s charge and control; or (B) to exchange a depleted (in whole or in part) battery of an electric vehicle under that individual’s charge and control for a recharged battery; or ( c ) has charge and control of any charging point in any place in Singapore (whether or not in the course of any business) to charge any electric vehicle for its propulsion unless excluded by the Minister by order in the Gazette . (2) A reference in this Act to an “electric vehicle charging service” or “EV charging service” is a reference to a service — ( a ) that is provided using any charging point (except at a BCSS) under which any person may, on‑demand or otherwise, and for consideration, hire that charging point to charge an electric vehicle for its propulsion; ( b ) that is provided using a BCSS under which any person can, on‑demand or otherwise, and for consideration, exchange a depleted (in whole or in part) battery of an electric vehicle for a recharged battery for the propulsion of the electric vehicle; ( c ) that is provided using a non‑fixed EV charger under which any person may enter into a lease arrangement to rent the non‑fixed EV charger to charge an electric vehicle for its propulsion; or ( d ) under which any person may, by any other arrangement and for consideration, charge an electric vehicle for its propulsion, regardless if the service is provided on a single occasion or on one or more occasions within a fixed period of time, but excludes any service of a kind that is prescribed by the Minister by order in the Gazette as not an EV charging service. (3) In addition, in this Act, an “electric vehicle charging service” or “EV charging service” extends to any service described in subsection (2) provided — ( a ) as a free gift, or with the supply of any other goods or services or the provision of any parking place or parking lot as a free gift; ( b ) as a prize or reward in any lottery, raffle, draw, game or competition held in Singapore; or ( c ) as a free demonstration of an EV charging service or otherwise for the purpose of advertising, or in furtherance of, an EV charging service or any other trade or business. (4) In this Act — “battery charge and swap station” or “BCSS” means a place in Singapore installed with a fixed EV charger that is designed or adapted to be capable of exchanging a depleted (in whole or in part) battery of an electric vehicle for a recharged battery for the propulsion of the electric vehicle; “outwork arrangement” means a contract, an agreement, an understanding or other arrangement of any kind (whether written or unwritten) with a contractor — ( a ) under which an individual (whether or not in the course of business or providing other services) performs work contracted to be performed under that contract, agreement, understanding or other arrangement for the contractor; and ( b ) that is not a contract of employment; “outworker” means an individual who performs work under an outwork arrangement; “providing an electric vehicle charging service” means providing an EV charging service in the course of business, whether or not the primary function of the business involves an EV charger.


document_id: evca-2022
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Purpose of Act
content:
5. The purpose of this Act is to reduce the carbon emissions of road transport in Singapore through the use of electricity sources which serve as a whole or partial substitute for fossil fuels sources in road transport in Singapore, by — ( a ) promoting the safe use of EV chargers through regulation of the supply of EV chargers; ( b ) expanding the network of accessible charging points through infrastructure development measures; and ( c ) ensuring the safe undertaking of regulated activities, and the reliability of the network of charging points and provision of EV charging services.


document_id: evca-2022
provision_ref: s6
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 6
title: Only homologated model of EV charger can be supplied
content:
6. —(1) Subject to subsection (2), a person commits an offence if the person supplies in Singapore to another (whether in or outside Singapore) for any purpose an EV charger — ( a ) that is not of a homologated model; and ( b ) that the person knows or ought reasonably to know is not of a homologated model. (2) Subsection (1) does not apply to the supply of an EV charger in Singapore — ( a ) for the sole purpose of its destruction or export; ( b ) that is a specially authorised EV charger; or ( c ) that is of a former homologated model but covered by grandfathering arrangements because of a prospective revocation under section 9(3)( b ) of the section 7(3) approval of that model. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $40,000; but (ii) where the person is a repeat offender — to a fine not exceeding $80,000.


document_id: evca-2022
provision_ref: s7
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 7
title: Application for homologation of EV charger model
content:
7. —(1) An application for approval under subsection (3) in respect of a model of EV charger must be made to the LTA. (2) An application under subsection (1) must — ( a ) be made to the LTA in the form and manner prescribed or, if not so prescribed, as required by the LTA; ( b ) provide or make available an EV charger of the model which is the subject of the application, for inspection or demonstration before the LTA unless the LTA waives this requirement; and ( c ) be accompanied by — (i) the prescribed information and documents and any additional information or documents that the LTA may require to decide the application; and (ii) the prescribed fee, if any. (3) Subject to subsections (4) and (5), the LTA may approve a model of EV charger if it is satisfied that the model of EV charger satisfies the safety and performance standards prescribed to be a homologated model. (4) The LTA may refuse to approve any model of EV charger under subsection (3) if — ( a ) the application for the approval contains any false or misleading information; or ( b ) the applicant fails — (i) to provide or make available an EV charger of the model which is the subject of the application, for inspection or demonstration before the LTA where this requirement is not waived; or (ii) to provide the information and documents required under subsection (2)( c ). (5) The LTA may retain an EV charger that is provided or made available in connection with an application under this section without charge for so long as the LTA requires to decide the application.


document_id: evca-2022
provision_ref: s8
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 8
title: Approval labels
content:
8. —(1) Upon granting a person a section 7(3) approval for a model of EV charger (called an approved person), the LTA must — ( a ) issue the approved person with an approval code for the approved person and that homologated model; and ( b ) make available to the approved person, on payment by the approved person of a fee (if prescribed), approval labels to be affixed to each EV charger of that same model which the approved person intends to supply, install, certify or charge with in Singapore. (2) An approved person for a homologated model must take all reasonably practicable steps to ensure that an approval label made available by the LTA under subsection (1)( b ) — ( a ) is affixed to each EV charger of that homologated model that the approved person intends to supply, install or certify before the EV charger is first supplied, installed or certified by the person in Singapore; ( b ) is not affixed to an EV charger which is of a different model from that to which the label relates; and ( c ) is affixed to the relevant EV charger in accordance with the manner prescribed. (3) An approved person for a homologated model who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $2,500; but (ii) where the person is a repeat offender — to a fine not exceeding $5,000.


document_id: evca-2022
provision_ref: s9
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 9
title: Revocation of section 7(3) approval
content:
9. —(1) The LTA may revoke the approval given to a person in respect of an EV charger under section 7(3) if the LTA is of the opinion that — ( a ) the model of that EV charger has ceased to satisfy the safety and performance standards prescribed to be a homologated model; ( b ) the section 7(3) approval was procured by fraud or misrepresentation; ( c ) the LTA becomes aware of a circumstance that would have permitted the LTA to refuse to give the section 7(3) approval, had the LTA been aware of the circumstance immediately before giving that approval; or ( d ) revocation is appropriate and necessary so as — (i) to alleviate or minimise a serious and imminent threat or risk to the security of the supply of electricity to consumers in Singapore; or (ii) to avoid any actual or imminent occurrence that may cause the death of, or a serious injury to, any individual or serious damage to any property from the use of any EV charger of that model. (2) Unless not practicable in the circumstances, the LTA must, before revoking any section 7(3) approval under subsection (1), give written notice to the person to whom the approval was given — ( a ) stating that the LTA intends to revoke the approval; ( b ) specifying the grounds for the proposed revocation; and ( c ) specifying the time (being at least 7 days after the date of service of notice on the person to whom the approval was given) within which written representations may be made to the LTA with respect to the proposed revocation. (3) The LTA may, after considering any written representation under subsection (2)( c ), decide to revoke, with effect from the effective date in subsection (5), any section 7(3) approval granted with respect to a model of EV charger either — ( a ) absolutely for all EV chargers of that model; or ( b ) prospectively without affecting EV chargers of that model to which approval labels have been affixed before that specified date. (4) Where the LTA decides to revoke a section 7(3) approval in respect of a model of EV charger, the LTA must serve a notice of its decision on the person to whom the approval was given. (5) A decision to revoke a section 7(3) approval takes effect from the date on which the notice under subsection (4) is given, or on such other date as may be specified in the notice. (6) In the case of a prospective revocation under subsection (3)( b ) of a model of EV charger without affecting EV chargers of that model to which approval labels have been affixed before a specified date, every EV charger not affected is to be treated, for the purposes of this Act, as subject to a grandfathering arrangement because of that prospective revocation.


document_id: evca-2022
provision_ref: s10
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 10
title: Follow-up after revocation of section 7(3) approval
content:
10. —(1) In addition to section 9, where the LTA revokes a section 7(3) approval for a model of EV charger, the LTA must publish — ( a ) a notice of the revocation; and ( b ) in the case of an absolute revocation under section 9(3)( a ), a notice that EV chargers of that model must no longer bear an approval label from a time specified in that notice, in a manner that the LTA thinks will secure adequate publicity for the fact of revocation. (2) Upon publication of a notice under subsection (1) about the revocation of any section 7(3) approval with respect to a model of EV charger — ( a ) a person in possession of any approval label made available under section 8 for that same model must not intentionally affix, or intentionally or negligently allow to be affixed, any such approval label to any EV charger at any time on or after the effective date of revocation in section 9(5); and ( b ) in the case of an absolute revocation under section 9(3)( a ), a person in possession of an EV charger of that same model which, on the date the notice is published, has such an approval label affixed — (i) must not intentionally transfer possession of the EV charger, or intentionally or negligently allow possession of the EV charger to be transferred, with the approval label still affixed unless the transfer is for the purpose of destroying or exporting the EV charger; and (ii) must take all reasonably practicable steps to remove the approval label from the EV charger within the period specified in the notice. (3) A person who, without reasonable excuse, contravenes subsection (2)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $2,500; but (ii) where the person is a repeat offender — to a fine not exceeding $5,000. Division 2 &#x2014; Alteration post-section 7(3) approval


document_id: evca-2022
provision_ref: s11
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 11
title: No alteration, etc., of EV charger of homologated model
content:
11. —(1) A person must not alter or modify, or allow to be altered or modified an EV charger that — ( a ) is of a homologated model; or ( b ) is of a former homologated model but covered by grandfathering arrangements because of a prospective revocation under section 9(3)( b ), except with the prior approval of the LTA under section 12 for the alteration or modification. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $40,000; but (ii) where the person is a repeat offender — to a fine not exceeding $80,000. (3) An EV charger that is altered or modified in contravention of subsection (1) is treated as having ceased to belong to that homologated model or former homologated model, as the case may be. (4) For the purposes of subsections (1) and (3), it is immaterial whether the altering or modifying of the EV charger is to rectify any damage to it or to return the EV charger to its original operable condition. (5) However, subsections (1) and (3) do not apply to altering or modifying an EV charger that consists of or results in any minor change in features, functionalities or performance of the EV charger that is prescribed.


document_id: evca-2022
provision_ref: s12
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 12
title: Approval of alteration, etc.
content:
12. —(1) An application for approval to alter or modify an EV charger must be made to the LTA — ( a ) in the form and manner prescribed or, if not so prescribed, as required by the LTA; and ( b ) accompanied by — (i) the prescribed information and documents and any additional information or documents that the LTA may require to decide the application; and (ii) the prescribed fee, if any. (2) The LTA may refuse to give to an applicant any approval under subsection (1) to alter or modify an EV charger if — ( a ) the proposed alteration or modification will, in the LTA’s opinion, cause the EV charger — (i) to cease to satisfy the safety and performance standards prescribed to be a homologated model, or the safety and performance standards that were prescribed for a former homologated model if the EV charger concerned is covered by grandfathering arrangements because of a prospective revocation under section 9(3)( b ); or (ii) to become another model of EV charger; ( b ) the application for the approval contains any false or misleading information; or ( c ) the applicant fails to provide the information and documents required under subsection (1)( b ). (3) An EV charger of a homologated model does not cease to belong to that homologated model even if the EV charger is altered or modified, so long as the alteration or modification is with the prior approval of the LTA under this section for the alteration or modification. (4) An EV charger covered by grandfathering arrangements because of a prospective revocation under section 9(3)( b ) does not cease to be covered by the grandfathering arrangements even if the EV charger is altered or modified, so long as the alteration or modification is with the prior approval of the LTA under this section for the alteration or modification.


document_id: evca-2022
provision_ref: s13
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 13
title: Alteration-approved labels
content:
13. —(1) Upon granting to any person an approval under section 12 to alter or modify an EV charger, the LTA must make available to the person, on payment by the person of a fee (if prescribed), an alteration‑approved label — ( a ) which signifies the grant of that approval; and ( b ) which is to be affixed to the EV charger altered or modified which the person intends to supply, install, certify or charge with in Singapore. (2) The person granted approval under section 12 to alter or modify an EV charger must take all reasonably practicable steps to ensure that an alteration‑approved label made available by the LTA under subsection (1) — ( a ) is affixed only to each altered or modified EV charger that the person intends to supply, install, certify or charge with before the EV charger is first supplied, installed, certified or charged with by the person in Singapore; ( b ) is not affixed to an EV charger which is not altered or modified, or is not altered or modified according to the terms of the approval under section 12; and ( c ) is affixed to the relevant EV charger in accordance with the manner prescribed. (3) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $2,500; but (ii) where the person is a repeat offender — to a fine not exceeding $5,000. Division 3 &#x2014; Advertising supply of EV chargers


document_id: evca-2022
provision_ref: s14
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 14
title: Interpretation of this Division
content:
14. In this Division — “access”, in relation to any advertisement on the Internet, means to read, view, hear or otherwise experience the content of the advertisement, by means of a broadcasting service or an electronic service, and includes — ( a ) access that is subject to a precondition, such as the use of a password; ( b ) access by way of push technology; ( c ) access by way of a standing request; and ( d ) access for a limited period of time only; “non‑approved EV charger” means an EV charger — ( a ) that belongs to a model that is not a homologated model; ( b ) that is not a specially authorised EV charger; and ( c ) that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)( b ) of any section 7(3) approval.


document_id: evca-2022
provision_ref: s15
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 15
title: Prohibited advertising of non-approved EV charger
content:
15. —(1) A person must not publish, or cause to be published, or take part in the publication, in Singapore, of any advertisement — ( a ) containing any express or implied inducement, suggestion or request to acquire in Singapore a non‑approved EV charger; ( b ) providing a facility for a person who has access to the advertisement on the Internet to acquire in Singapore a non‑approved EV charger; or ( c ) relating to a non‑approved EV charger in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the acquisition in Singapore of the non‑approved EV charger. (2) In this section, an advertisement that is published electronically is treated as published in Singapore if — ( a ) the advertisement originates in Singapore, even if none of the persons capable of having access to the advertisement is physically present in Singapore; or ( b ) all of the following apply in respect of the advertisement: (i) the advertisement did not originate in Singapore, or the advertisement’s origin cannot be determined; (ii) the advertisement is published or caused to be published by a Singapore‑connected person or the Singapore‑connected person takes part in that publication; (iii) the advertisement is accessible by persons physically present in Singapore. (3) A person who is, in the course of business, selling or offering or exposing for sale, any EV charger in any place, must not display or cause to be displayed any non‑approved EV charger in the place — ( a ) when so selling, or offering or exposing for sale, any EV charger; and ( b ) knowing that, or reckless as to whether, it is a non‑approved EV charger. (4) A person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. (5) In this section — “sale” means sale by wholesale or retail and includes — ( a ) sale under a conditional sale agreement or a hire‑purchase agreement as defined by the Hire‑Purchase Act 1969; and ( b ) resale; “Singapore‑connected person” means — ( a ) a citizen or permanent resident of Singapore; ( b ) an individual in Singapore; ( c ) a company or other body corporate incorporated in, or having its central management and control in, Singapore; or ( d ) an unincorporated body established in Singapore, and includes any person or persons constituting or responsible for the management of a person in paragraph ( c ) or ( d ).


document_id: evca-2022
provision_ref: s16
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 16
title: Defences
content:
16. In any proceedings for an offence under section 15(1), it is a defence for the person charged to prove that — ( a ) the person — (i) is a person whose business is to publish or arrange for the publication of advertisements and that the person received the advertisement for publication in the ordinary course of business; and (ii) did not know and had no reason to suspect that the advertisement would contravene the provisions of section 15(1); or ( b ) the advertisement is published for the sole purpose of destroying or exporting the non‑approved EV charger.


document_id: evca-2022
provision_ref: s17
chapter: PART 2 - SUPPLY OF EV CHARGERS
section: 17
title: Corrective measures for unlawful advertisement
content:
17. —(1) Where an authorised officer, after receiving a complaint or on the authorised officer’s initiative, is satisfied that an advertisement has been published, or caused to be published, in contravention of section 15(1), the authorised officer may, after having regard to the matters mentioned in subsection (4), order the person whom the authorised officer reasonably suspects to have published, or caused to be published, the advertisement to do all or any of the following within the time specified in that order: ( a ) to stop any further publication of the advertisement with immediate effect; ( b ) to take such measures as may be reasonable and necessary in the circumstances to disable access by end‑users in Singapore to the advertisement if published on the Internet; ( c ) to publish a corrective advertisement in such manner and containing such information as may be specified by the LTA. (2) The person to whom an order under subsection (1) is directed must bear the costs and expenses arising from the taking of any measure that is required of the person under the order. (3) If a person to whom an order under subsection (1) is directed fails to comply with the order, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. (4) Before ordering a person under subsection (1) with respect to an advertisement on the Internet, an authorised officer must have regard, and give such weight as the authorised officer considers appropriate, to all of the following matters: ( a ) whether, having regard to the content of the advertisement and the way the EV charger is advertised or promoted, the primary purpose of the advertisement advocates or encourages others, or is used by others, to commit an offence under this Act; ( b ) whether the advertisement is accessible by end‑users in Singapore; ( c ) the volume of viewers accessing the advertisement who are or are likely to be end‑users in Singapore; ( d ) the technical feasibility of complying with the order. (5) To avoid doubt, an authorised officer is not confined to consideration of matters specified in subsection (4) and may take into account such other matters and evidence as may be relevant.


document_id: evca-2022
provision_ref: s18
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 18
title: Unlawful charging with unregistered EV charger
content:
18. —(1) A person commits an offence if — ( a ) the person charges an electric vehicle using an EV charger; ( b ) the EV charger is an unregistered EV charger; and ( c ) the person knows that, or is reckless as to whether, the EV charger is an unregistered EV charger. (2) A person commits an offence if — ( a ) the person allows an electric vehicle to be charged using an EV charger; ( b ) the EV charger is an unregistered EV charger; and ( c ) the person knows that, or is reckless as to whether, the EV charger is an unregistered EV charger. (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $10,000; but (ii) where the person is a repeat offender — to a fine not exceeding $20,000. (4) To avoid doubt, it is immaterial whether the person is a licensee. Division 2 &#x2014; Registered-for-charging EV chargers


document_id: evca-2022
provision_ref: s19
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 19
title: Registration of EV charger
content:
19. —(1) A person who has charge and control of an EV charger must apply to the LTA to register the EV charger before the EV charger is first used, or allowed to be first used, by any person to charge any electric vehicle in Singapore. (2) An application under subsection (1) to register an EV charger must — ( a ) be made in the form and manner prescribed or, if not so prescribed, as required by the LTA; and ( b ) be accompanied by — (i) the prescribed information and documents and any additional information or documents that the LTA may require to decide the application; and (ii) the prescribed fee, if any. (3) After considering any application under subsection (1) to register an EV charger, the LTA may — ( a ) on payment of the applicable registration fee (if prescribed), register the EV charger as a registered‑for‑charging EV charger; or ( b ) refuse to so register the EV charger. (4) The LTA may refuse to register an EV charger which is the subject of an application under subsection (1) if — ( a ) the EV charger is not lawfully certified as fit for charging any electric vehicle in Singapore under section 23; ( b ) the EV charger, being a fixed EV charger, is not lawfully installed in accordance with section 24; or ( c ) the application contains any false or misleading information.


document_id: evca-2022
provision_ref: s20
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 20
title: Registration marks and registered responsible person
content:
20. —(1) On registering an EV charger as a registered‑for‑charging EV charger, the LTA must — ( a ) assign a registration code to the EV charger; ( b ) register a person as a registered responsible person for the EV charger; and ( c ) assign the registered responsible person a registration mark showing that registration code. (2) The registered responsible person for a registered‑for‑charging EV charger must ensure that any registration mark issued by the LTA under subsection (1)( c ) for the registered‑for‑charging EV charger is affixed on that EV charger in the prescribed manner within 60 days after the registration date or another longer period prescribed in substitution. (3) A registered responsible person for a registered‑for‑charging EV charger who, without reasonable excuse, contravenes subsection (2) commits an offence. (4) A person who is guilty of an offence under subsection (3) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $2,500; but (ii) where the person is a repeat offender — to a fine not exceeding $5,000.


document_id: evca-2022
provision_ref: s21
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 21
title: Cancellation of registration
content:
21. —(1) The LTA may cancel the registration of a registered‑for‑charging EV charger if — ( a ) the LTA is satisfied that the registered‑for‑charging EV charger — (i) has been or will, within the prescribed period, be destroyed or removed from Singapore; (ii) has become unfit for use as an EV charger; (iii) has been forfeited under this Act or any other written law; or (iv) has been lost through theft or criminal breach of trust and the prescribed period after the loss has lapsed; ( b ) the LTA becomes aware of a circumstance that would have required or permitted the LTA to refuse to register the EV charger, had it been aware of the circumstance immediately before registering the EV charger; ( c ) the EV charger is not lawfully certified as fit for charging any electric vehicle in Singapore as required under section 25(1); ( d ) the registered responsible person for the registered‑for‑charging EV charger applies for the registration of the EV charger to be cancelled; or ( e ) the LTA is satisfied that a condition of registration of the EV charger has been contravened or is being contravened. (2) Where the registration of a registered‑for‑charging EV charger is cancelled under subsection (1), the registered responsible person for the EV charger must ensure that any registration mark issued by the LTA under section 20(1)( c ) is removed from the EV charger within 30 days after the LTA informs the registered responsible person of the cancellation. (3) A person who, without reasonable excuse, contravenes subsection (2) commits an offence. (4) A person who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $1,000.


document_id: evca-2022
provision_ref: s22
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 22
title: Register of registered-for-charging EV chargers
content:
22. —(1) Subject to this section, the LTA must establish and maintain a register of registered‑for‑charging EV chargers in accordance with the Regulations. (2) The register of registered‑for‑charging EV chargers must contain — ( a ) the current prescribed information about each registered‑for‑charging EV charger, and its registered responsible person; and ( b ) such other prescribed information relating to the registered‑for‑charging EV charger. (3) However, the register of registered‑for‑charging EV chargers does not provide evidence of title to any EV charger. (4) Despite section 41 of the Land Transport Authority of Singapore Act 1995, a person who is or has been a member, an officer, an employee or an agent of the LTA or a member of a committee of the LTA must not disclose any information contained in the register of registered‑for‑charging EV chargers except — ( a ) when lawfully required to do so by any court; ( b ) where allowed under subsection (5); ( c ) where the information is prescribed information when it is disclosed; or ( d ) where required or allowed by the provisions of any other Act. (5) The LTA may, upon application made to it in writing by a person and on payment of the prescribed fee (if any), do any one or more of the following things as are required in the application: ( a ) inform the applicant (or the applicant’s authorised agent) whether an EV charger is registered as a registered‑for‑charging EV charger and whether the registration of a registered‑for‑charging EV charger is cancelled; ( b ) provide an applicant who belongs to a prescribed class of persons (or such an applicant’s authorised agent) all or any of the following: (i) information about the identity of the registered responsible person for a registered‑for‑charging EV charger; (ii) an extract of any entry in the register of registered‑for‑charging EV chargers relating to a particular registered‑for‑charging EV charger; (iii) the registration code of a particular registered‑for‑charging EV charger and other particulars in the register of registered‑for‑charging EV chargers relating to that particular EV charger; ( c ) certify to an applicant mentioned in paragraph ( a ) or ( b ) (or such an applicant’s authorised agent), the information in paragraph ( a ) or ( b ) applied for as at the date of the certificate. Division 3 &#x2014; Certification and installation of EV charger


document_id: evca-2022
provision_ref: s23
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 23
title: Improper certification of EV charger
content:
23. —(1) An individual must not certify an EV charger as fit for charging any electric vehicle in Singapore knowing that, or reckless as to whether, the EV charger is an EV charger — ( a ) that belongs to a model that is not a homologated model; and ( b ) that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)( b ) of any section 7(3) approval. (2) A person must not cause an individual to certify an EV charger as fit for charging any electric vehicle in Singapore knowing that, or reckless as to whether, the EV charger is an EV charger — ( a ) that belongs to a model that is not a homologated model; and ( b ) that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)( b ) of any section 7(3) approval. (3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $20,000; but (ii) where the person is a repeat offender — to a fine not exceeding $40,000. (4) An individual must not certify an EV charger as fit for charging any electric vehicle in Singapore unless the individual — ( a ) is a prescribed competent person for that charger; or ( b ) is certifying the EV charger together with a prescribed competent person for that charger. (5) An individual who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (6) An individual must not certify any particular EV charger as fit for charging any electric vehicle in Singapore unless the individual is satisfied that — ( a ) in the case of a fixed EV charger, it is installed — (i) following the prescribed procedure and standard; and (ii) together with the essential apparatus or essential fittings or both which are prescribed in the Regulations; or ( b ) in the case of an EV charger that is not a fixed EV charger, it satisfies the safety and performance standards prescribed for a homologated model to which that EV charger belongs. (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: evca-2022
provision_ref: s24
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 24
title: Improper installation of fixed EV charger
content:
24. —(1) A person must not install, or cause to be installed, a fixed EV charger in any place in Singapore knowing that, or reckless as to whether, the EV charger is an EV charger — ( a ) that belongs to a model that is not a homologated model; and ( b ) that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)( b ) of any section 7(3) approval. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $40,000; but (ii) where the person is a repeat offender — to a fine not exceeding $80,000. (3) An individual must not undertake any work installing a fixed EV charger in Singapore unless the individual — ( a ) is a prescribed person; or ( b ) is carrying out the work under the direct supervision of a prescribed person. (4) An individual who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. Division 4 &#x2014; Registered responsible persons’ duties


document_id: evca-2022
provision_ref: s25
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 25
title: Periodic inspection of EV charger
content:
25. —(1) The registered responsible person for an EV charger — ( a ) must cause the EV charger to be periodically inspected and certified in accordance with this section by a prescribed competent person to ensure its continued fitness for charging any electric vehicle in Singapore; and ( b ) must produce to the LTA upon the LTA’s written demand — (i) a certificate by the prescribed competent person prepared under subsection (3)( b )(i); or (ii) a copy of the report of the inspection by the prescribed competent person prepared under subsection (3)( b )(ii). (2) An inspection required by this section of an EV charger must be carried out at the following frequency: ( a ) after the end of a prescribed period (in months) starting the date the first lawful certification was made under section 23 in respect of the EV charger as fit for charging any electric vehicle in Singapore; ( b ) thereafter, at intervals of not less than a prescribed period (in months) starting the date of the last certificate under this section. (3) An individual who is a prescribed competent person carrying out an inspection of an EV charger required by this section must — ( a ) carry out the inspection following the prescribed procedure and standard; ( b ) on completing the inspection — (i) certify the EV charger as continuing to be fit for charging any electric vehicle in Singapore; or (ii) prepare, in such form as the LTA may specify, a report on the results of the inspection mentioned in paragraph ( a ) and the assessment of the condition of the EV charger inspected; and ( c ) give a copy of the certificate or report mentioned in paragraph ( b ) to a registered responsible person for the EV charger without delay, and in any case, to enable the registered responsible person to comply with subsection (1). (4) A registered responsible person who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (5) An individual who is a prescribed competent person who, without reasonable excuse, fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: evca-2022
provision_ref: s26
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 26
title: Keeping of records
content:
26. —(1) The registered responsible person for a registered‑for‑charging EV charger must keep and retain, for inspection by an authorised officer, every certificate as to the fitness of the EV charger under sections 23 and 25(3)( b )(i), respectively, for a period of at least 2 years starting the date the certificate is made. (2) A registered responsible person who is subject to a requirement under subsection (1) to keep and retain any certificate commits an offence if the registered responsible person — ( a ) intentionally or negligently contravenes the requirement under subsection (1) to keep and retain; or ( b ) intentionally alters, suppresses or destroys any certificate which the registered responsible person is required under subsection (1) to keep and retain. (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000.


document_id: evca-2022
provision_ref: s27
chapter: PART 3 - REGISTRATION OF EV CHARGERS AND
section: 27
title: Duty of registered responsible person who is transferor
content:
27. —(1) A registered responsible person for a registered‑for‑charging EV charger who disposes of, or transfers immediate possession of otherwise than temporarily, (called the transferor) to another person (called the transferee) the registered‑for‑charging EV charger must, within a prescribed period after disposing or transferring possession of the EV charger, apply in the manner prescribed to transfer the registration of the registered responsible person for that registered‑for‑charging EV charger to the transferee. (2) A registered responsible person for a registered‑for‑charging EV charger commits an offence if the person — ( a ) disposes, or transfers immediate possession otherwise than temporarily, of the registered‑for‑charging EV charger to another; and ( b ) without reasonable excuse, fails to comply with subsection (1) in relation to the registered‑for‑charging EV charger. (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $2,500; but (ii) where the person is a repeat offender — to a fine not exceeding $5,000. (4) To avoid doubt, this section does not apply to the passing of possession of a registered‑for‑charging EV charger — ( a ) under any hiring (not being a hiring under a hire‑purchase agreement) or under any lending of a registered‑for‑charging EV charger; ( b ) to an agent for the purpose of sale or destruction; ( c ) to a bailee for the purpose of alteration, repair, renovation, garaging, storing or any other similar purpose not involving the use of the registered‑for‑charging EV charger for the benefit of the bailee; ( d ) in accordance with an order of a court or with any other legal process; or ( e ) in other prescribed circumstances.


document_id: evca-2022
provision_ref: s28
chapter: PART 4 - SPECIALLY AUTHORISED EV CHARGERS
section: 28
title: Rules for trials and special uses
content:
28. —(1) For the purpose of enabling or facilitating the development and operation of innovative and accessible EV chargers and EV charging services which contribute to the mobility and safety of people in Singapore, and of improving the environmental performance of the road transport sector in Singapore, the Minister may make rules under this Part that allow — ( a ) any trial of special types of EV chargers; or ( b ) any special use involving charging of electric vehicles using special types of EV chargers, even though these EV chargers are neither of a homologated model nor a registered‑for‑charging EV charger. (2) Rules made under this Part may, for a fixed period (not exceeding 5 years) specified in the rules or a specified area in Singapore or both, provide for the application of specified provisions of this Act or its subsidiary legislation affecting — ( a ) the specified person authorised to undertake the trial or carry out the special use; ( b ) any other person or class of persons participating in the trial or carrying out the special use; or ( c ) any EV charger used in that trial or special use, with prescribed exceptions, modifications and adaptations. (3) In particular, rules made under this Part may — ( a ) prescribe the information and documents required for an application to the LTA for authorisation to carry out a trial or special use mentioned in subsection (1); ( b ) provide for the grant of an authorisation by the LTA to a person to carry out such a trial or special use; ( c ) require the specified person to do all or any of the following: (i) to have in place liability insurance before the trial or special use starts, and to ensure that it is in force at all times during the period of the trial or special use; (ii) to deposit with the LTA a security of a type, and of an amount not lower than an amount, prescribed in those rules, to secure compliance with the conditions of authorisation; (iii) to remove, at the specified person’s own cost, any fixed EV charger installed in any place in Singapore when the trial or special use ends; ( d ) prescribe the alternative safety and performance standards for a specified model of EV charger used or to be used in the trial or special use; ( e ) prescribe the construction, design or use of — (i) technology, equipment or devices in relation to the EV chargers involved in the trial or special use; and (ii) any equipment or other thing that the specified person intends to construct or install in the vicinity of each EV charger; ( f ) prescribe the maintenance and inspection requirements to be met by the specified person in relation to specified EV chargers involved in the trial or special use; ( g ) prescribe the measures to be taken by the specified person for the purposes of managing or mitigating the risks of the trial or special use, including submitting a safety proposal for the LTA’s approval and implementing the safety proposal; ( h ) require the specified person to provide an incident report to the LTA in accordance with the prescribed guidelines and within the prescribed period, in the event of a prescribed incident; ( i ) require the keeping of records by the specified person, and the giving of information to the LTA or any other person designated by the LTA about the trial or special use carried out; ( j ) prescribe the persons or class of persons whom the specified person may engage in carrying out the trial or special use; ( k ) limit the number of specified EV chargers involved in the trial or special use; ( l ) prescribe the area or areas of Singapore in which a trial or special use may be carried out; ( m ) prescribe the period during which a trial or special use may be carried out; ( n ) prescribe the premises or types of premises where a trial or special use may or may not be carried out, as the case may be; ( o ) provide the grounds under which any authorisation granted under the rules to carry out a trial or special use may be cancelled in whole or in part, or suspended in whole or in part; ( p ) provide for a right to appeal to the Minister (whose decision on appeal is final) against any decision made by the LTA under the rules, and the procedure for those appeals; ( q ) prescribe the fees in relation to applications or requests to, or the doing of anything by, the LTA under the rules made under this section; ( r ) provide that any contravention of any provision of the rules made under this section shall be an offence punishable with a fine not exceeding $10,000; and ( s ) prescribe any saving and transitional provisions that may be necessary or expedient. (4) In making any rules under this Part for a trial or special use, the Minister must take reasonable steps to prevent information that — ( a ) is commercially sensitive in nature; and ( b ) is the subject of a request to the Minister by a person connected with the trial or special use, or the proposed trial or special use, for the information to be kept confidential, from being published or otherwise made public.


document_id: evca-2022
provision_ref: s29
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 29
title: Improper use of EV chargers
content:
29. —(1) A person commits an offence if — ( a ) the person uses an EV charger for a purpose; ( b ) the purpose is other than a prescribed permissible purpose for that use and type of EV charger; and ( c ) the person knows that, or is reckless as to whether, the purpose is not a prescribed permissible purpose for that use and type of EV charger. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $10,000; but (ii) where the person is a repeat offender — to a fine not exceeding $20,000. (3) To avoid doubt, this section does not derogate from section 18.


document_id: evca-2022
provision_ref: s30
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 30
title: Improper charging
content:
30. —(1) A person commits an offence if — ( a ) the person uses, or allows to be used, an EV charger to charge an electric vehicle at any place in Singapore; ( b ) the place is prescribed as a banned location for that type of EV charger; and ( c ) the person knows that, or is reckless as to whether, the place is a banned location for that type of EV charger. (2) A person commits an offence if — ( a ) the person uses, or allows to be used, an EV charger to charge an electric vehicle in a certain way or in certain circumstances; ( b ) the way is not, or those circumstances are not, a way or circumstance prescribed as permissible for that type of EV charger; and ( c ) the person knows that, or is reckless as to whether, that way or those circumstances is or are not prescribed as permissible for that type of EV charger. (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $10,000; but (ii) where the person is a repeat offender — to a fine not exceeding $20,000. (4) Subsections (1) and (2) do not apply to a person — ( a ) whose business is — (i) to repair an EV charger; or (ii) to determine whether an EV charger complies with the safety and performance standards prescribed to be a homologated model; and ( b ) who uses the EV charger for the sole purpose of — (i) determining, in the person’s ordinary course of business, whether the EV charger complies with the safety and performance standards prescribed to be a homologated model; or (ii) repairing the EV charger in the person’s ordinary course of business. (5) To avoid doubt, this section does not derogate from section 18.


document_id: evca-2022
provision_ref: s31
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 31
title: Tampering with EV charger, etc.
content:
31. —(1) A person commits an offence if the person wilfully tampers with an EV charger or any thing else related to an EV charger so as to cause or to be likely to cause danger to human life or damage to any property. (2) A person commits an offence if the person, by rash or negligent act or omission committed or omitted in respect of any EV charger, causes hurt to any person or damage to any property. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (4) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: evca-2022
provision_ref: s32
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 32
title: Unauthorised removal, defacement, etc., of labels and marks
content:
32. —(1) An individual commits an offence if he or she, without reasonable excuse, defaces, obliterates or removes any of the following when it is lawfully affixed to an EV charger: ( a ) any approval label made available by the LTA under section 8(1)( b ); ( b ) any alteration‑approved label made available by the LTA under section 13(1); ( c ) any registration mark issued by the LTA under section 20(1)( c ) for a registered‑for‑charging EV charger. (2) An individual who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but ( b ) where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) A person commits an offence if the person, without reasonable excuse, causes an individual to deface, obliterate or remove any of the following when it is lawfully affixed to an EV charger: ( a ) any approval label made available by the LTA under section 8(1)( b ); ( b ) any alteration‑approved label made available by the LTA under section 13(1); ( c ) any registration mark issued by the LTA under section 20(1)( c ) for a registered‑for‑charging EV charger. (4) A person who is guilty of an offence under subsection (3) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $10,000; but (ii) where the person is a repeat offender — to a fine not exceeding $20,000.


document_id: evca-2022
provision_ref: s33
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 33
title: Counterfeiting labels and marks
content:
33. —(1) A person who counterfeits — ( a ) any approval label made available by the LTA under section 8(1)( b ); ( b ) any alteration‑approved label made available by the LTA under section 13(1); or ( c ) any registration mark issued by the LTA under section 20(1)( c ) for a registered‑for‑charging EV charger, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (2) A person who — ( a ) makes a sign identical to or so nearly resembling a label or mark mentioned in subsection (1) as to be calculated to deceive; or ( b ) falsifies a genuine label or mark mentioned in subsection (1), whether by alteration, addition, effacement, partial removal or otherwise, is deemed to counterfeit a label or mark mentioned in subsection (1). Division 2 &#x2014; Product defects


document_id: evca-2022
provision_ref: s34
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 34
title: Interpretation of this Division
content:
34. In this Division — “safety‑related defect”, in relation to an EV charger, means a feature of the design or construction of the EV charger that is liable to cause serious damage to property or significant risk of personal injury or death to any person, and includes any defect relating to a component of the EV charger that is supplied with the EV charger as original equipment; “supplier” means a person who is engaged in the business of supplying EV chargers.


document_id: evca-2022
provision_ref: s35
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 35
title: Duty to notify safety-related defect in EV chargers
content:
35. —(1) Where a manufacturer or supplier of an EV charger becomes aware of any safety‑related defect in the EV charger or model of that EV charger, it is the duty of the manufacturer or supplier (as the case may be) to give, within the time prescribed, notice about the safety‑related defect as described in subsection (2) to — ( a ) the LTA; ( b ) every registered responsible person for a registered‑for‑charging EV charger that is of the same model; and ( c ) every person having charge and control of an EV charger that is of the same model, if the EV charger is an unregistered charger. (2) A notice required to be given under subsection (1) with respect to an EV charger must contain — ( a ) a description of the safety‑related defect in the EV charger; ( b ) an evaluation of the safety risk arising from that defect; ( c ) the directions on how to rectify the defect or how to arrange for the manufacturer or supplier giving the notice to rectify the safety‑related defect in the EV charger (called rectification work); and ( d ) a warning — (i) to stop charging, or to stop allowing charging, of any electric vehicle with the EV charger; (ii) to not supply or otherwise transfer possession of the EV charger to anyone else; (iii) to not install or to not allow installing of the EV charger; and (iv) to not certify or to not allow certifying of the EV charger, before the rectification work mentioned in paragraph ( c ) concerning the EV charger has been completed. (3) A notice required to be given under subsection (1) that is addressed to a person is sufficiently served if it is — ( a ) given in the manner prescribed in section 93; or ( b ) for a notice that is addressed to a class of persons — (i) given to each of the persons in the class in accordance with section 93; or (ii) published both — (A) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the LTA, will be most likely to bring the notice to the attention of the persons who belong to the class; and (B) on the LTA’s website. (4) A manufacturer or supplier of an EV charger who, without reasonable excuse, fails to comply with the requirements of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (5) A manufacturer or supplier of an EV charger who gives a notice under subsection (1) about a safety‑related defect in the EV charger must, within the prescribed time, report to the LTA the completion of every rectification work mentioned in the notice under subsection (2)( c ). (6) A manufacturer or supplier of an EV charger who, without reasonable excuse, fails to comply with the requirements of subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.


document_id: evca-2022
provision_ref: s36
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 36
title: Duty to observe warning in section 35 notice
content:
36. —(1) A person in section 35(1)( b ) or ( c ) to whom a notice under section 35(1) is given about a safety‑related defect in an EV charger, or a model of EV charger, commits an offence if the person, without reasonable excuse, fails to comply with the warning contained in that notice. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $2,000 for each EV charger in respect of which the offence is committed, subject to a maximum of $20,000 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: evca-2022
provision_ref: s37
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 37
title: Safety and security directives
content:
37. —(1) The LTA may, on its own initiative or otherwise, and in accordance with subsections (2), (3), (4) and (5), give such safety and security directives of general application as may be necessary — ( a ) to avoid any actual or imminent occurrence of death of, or a serious injury to, any individual, or of serious damage to any property, from the use of any EV charger; or ( b ) to alleviate or minimise a serious and imminent threat or risk to the national security of Singapore. (2) The LTA may give a safety and security directive made under this section to all or any of the following, individually or as a class: ( a ) a manufacturer or supplier of an EV charger; ( b ) a registered responsible person for a registered‑for‑charging EV charger; ( c ) a person who has charge and control of an unregistered EV charger; ( d ) a licensee. (3) In making a safety and security directive under this section, it is not necessary for the LTA to give any person who may be affected by the directive a chance to be heard before the directive is given. (4) A safety and security directive may be in force for a period not exceeding 6 months unless earlier revoked under subsection (5), and may be renewed by the LTA once only for a further period not exceeding 6 months. (5) The LTA may, at any time when any safety and security directive is in force, revoke the safety and security directive by giving notice of that revocation in the same manner as the directive was given. (6) So far as any safety and security directive is inconsistent with any Regulations, the safety and security directive prevails.


document_id: evca-2022
provision_ref: s38
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 38
title: How safety and security directive is given
content:
38. —(1) A safety and security directive is binding on the person or class of persons to whom it is addressed and given. (2) A safety and security directive that is addressed to a person is sufficiently given if it is served in the manner prescribed in section 93. (3) A safety and security directive that is addressed to a class of persons is sufficiently given if it is — ( a ) served on each of the persons in the class and in the manner prescribed in section 93; or ( b ) published both — (i) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the LTA, will be most likely to bring the directive to the attention of the persons who belong to the class; and (ii) on the LTA’s official website. (4) Once such a safety and security directive is made and given under this section, the LTA must also publish the making of the directive in a manner that the LTA thinks will secure adequate publicity for the fact of making and giving of the safety and security directive. (5) However, failure to publish a safety and security directive under subsection (4) does not invalidate the directive. (6) A safety and security directive that is given — ( a ) in accordance with subsection (2) takes effect when it is served; ( b ) in accordance with subsection (3)( a ) takes effect when it is served on all the persons in the class in question; and ( c ) in accordance with subsection (3)( b ) takes effect at the beginning of the day after the date on which subsection (3)( b ) has been complied with.


document_id: evca-2022
provision_ref: s39
chapter: PART 5 - SAFETY OF EV CHARGERS
section: 39
title: General duty to comply with safety and security directives
content:
39. —(1) A safety and security directive may require the person it binds (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the directive or things that are of a description specified in the directive, including — ( a ) stop the supply of the EV charger; ( b ) stop charging any electric vehicle using the EV charger; ( c ) prevent charging of any electric vehicle using the EV charger by any other person; ( d ) remove the fixed EV charger from an electrical installation it is affixed to; ( e ) stop providing EV charging services using the EV charger; or ( f ) stop undertaking any other regulated activity using the EV charger. (2) A person to whom a safety and security directive is given and who is required by the directive to do, or to refrain from doing, for a specified period, things specified in the directive or things that are of a description specified in the directive, commits an offence if the person intentionally or negligently fails to comply with the directive. (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $40,000; but (ii) where the person is a repeat offender — to a fine not exceeding $80,000.


document_id: evca-2022
provision_ref: s40
chapter: PART 6 - LICENSING
section: 40
title: Interpretation of this Part
content:
40. In this Part — “customer” means the driver of an electric vehicle to whom EV charging services are provided, and includes a prospective customer; “modification” or “modify”, in relation to the conditions of a licence, includes deleting or varying and substituting a condition, and adding a condition; “partial suspension” or “partially suspend”, in relation to a licence for a regulated activity, means suspension under section 53 of the licence in respect of some but not all of the types of EV chargers authorised by the licence for use when undertaking the regulated activity; “premises” means a building or structure (whether permanent or temporary) or part of such a building or structure, and includes any immediately adjoining space or land necessary for access to, or the enjoyment of occupants of, the building or structure.


document_id: evca-2022
provision_ref: s41
chapter: PART 6 - LICENSING
section: 41
title: Unauthorised regulated activity
content:
41. —(1) A person commits an offence if the person undertakes any regulated activity using a type of EV charger (except for a specially authorised EV charger) when the person — ( a ) is not authorised to do so by a licence; and ( b ) is not exempt from this section under section 92. (2) The offence under subsection (1) is a strict liability offence. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; or ( b ) where the person is not an individual — to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. Division 2 &#x2014; Licences


document_id: evca-2022
provision_ref: s42
chapter: PART 6 - LICENSING
section: 42
title: Application for or to renew licence
content:
42. —(1) An application for or to renew a licence must be made to the LTA in accordance with this section. (2) An application for or to renew a licence must — ( a ) be made in the form and manner prescribed or, if not so prescribed, as required by the LTA; ( b ) be accompanied by a prescribed application fee, if any; ( c ) contain — (i) an address in Singapore at which notices and other documents under this Act for the applicant may be served; or (ii) the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act; ( d ) state the type or types of EV chargers to be used in the regulated activity to be covered in the licence; and ( e ) be accompanied by the prescribed information and documents and any other additional information or documents that the LTA requires to decide the application. (3) In addition, an application to renew a licence must be made no later than a prescribed period before the date of expiry of the licence, unless otherwise allowed by the LTA in any particular case which must then be treated as a late renewal application. (4) The LTA may refuse to consider an application for or to renew a licence — ( a ) that is incomplete or not made in accordance with this section; or ( b ) where an inspection mentioned in subsection (5) in relation to the application is refused. (5) Upon receiving an application for or to renew a licence, the LTA may carry out, or arrange to be carried out by any authorised officer, such investigations and inquiries in relation to the application as the LTA considers necessary for a proper consideration of the application, which may include an inspection of one or more of the following: ( a ) the place or premises on or at which the applicant intends to do any of the following: (i) to provide the EV charging service in the application; (ii) to undertake any other regulated activity in the application; (iii) to install any fixed EV charger or carry out any activity in connection with the provision of that EV charging service or undertaking that regulated activity; ( b ) any part of an EV charger which the applicant intends to use in undertaking the regulated activity in the application; ( c ) any equipment or other thing which the applicant intends to construct or install in the vicinity of the EV charger in paragraph ( b ) for or in connection with undertaking the regulated activity in the application.


document_id: evca-2022
provision_ref: s43
chapter: PART 6 - LICENSING
section: 43
title: Grant of licence
content:
43. —(1) After considering any application under section 42 for or to renew a licence, the LTA may — ( a ) on payment of — (i) the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to undertake a regulated activity using one or more types of EV chargers specified in the licence; or (ii) a renewal fee (if prescribed) and, in the case of a late renewal application a late renewal fee (if prescribed), renew the licence; or ( b ) refuse to grant or renew the licence, as the case may be. (2) In deciding whether an applicant should be granted a licence, or whether the applicant’s licence should be renewed, and the conditions to impose or modify, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters: ( a ) whether the applicant is operating or is intending to operate more than one charging station in Singapore; ( b ) the design and safety of the following: (i) the EV chargers to be used by the applicant in undertaking the regulated activity in Singapore; (ii) any equipment or other thing which the applicant intends to construct or install in the vicinity of each EV charger in sub‑paragraph (i) for or in connection with undertaking the regulated activity in the application; ( c ) whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the EV charging service in the application according to this Act and the applicable standards of performance; ( d ) whether the applicant is a corporation, partnership, limited liability partnership or an unincorporated association; ( e ) whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management and operation of providing the EV charging service in the application; ( f ) whether the applicant has nominated or will nominate at least one individual who satisfies the prescribed qualifications as a representative if a licence is granted; ( g ) whether the applicant had provided, or caused or permitted to be provided, any information in connection with the application, which was false or misleading in a material particular; ( h ) whether it is otherwise contrary to the public interest for the licence to be granted to the applicant. (3) For the purpose of determining whether or not a person or an individual referred to in subsection (2)( e ) is a suitable person to be involved in the management and operation of providing an EV charging service, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters: ( a ) any evidence of the exercise of any power under section 53 or 54 — (i) in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act, whether or not that person or individual was a part of the applicant at the point in time that the power was exercised; or (ii) in relation to a licensee holding, or a former licensee which held, a licence of which the individual is or was an officer when the power was exercised; ( b ) any prior conviction of that person or individual for committing any of the following offences: (i) any offence under this Act; (ii) any offence under any other written law, involving undertaking a regulated activity in Singapore; (iii) any other offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court; ( c ) any previous occasion where the person or individual accepted any composition sum offered under any written law for an offence mentioned in paragraph ( b ). (4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2) or (3) and may take into account any other matters and evidence that may be relevant. (5) Without affecting subsection (1), the LTA may grant a renewal of a licence with or without modifying the conditions of the licence, but section 46(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.


document_id: evca-2022
provision_ref: s44
chapter: PART 6 - LICENSING
section: 44
title: Periodic fee for licence and licence validity
content:
44. —(1) Subject to subsection (2), every licence granted under this Part is valid for the period specified in the licence and is in force unless the licence is earlier suspended or revoked under section 53. (2) Where a licence granted under this Part is partially suspended under section 53, that licence is valid for the period specified in the licence in relation to undertaking a regulated activity using the types of EV chargers authorised by the licence that have not been suspended. (3) For every period prescribed (which must not exceed the validity of a licence), the licensee granted that licence must pay to the LTA, not later than the date prescribed, a periodic fee prescribed for that licence. (4) If a licensee fails to pay the periodic fee in accordance with subsection (3), the LTA may, by written notice, require the licensee to make good the default. (5) Every licence must be in the form the LTA determines.


document_id: evca-2022
provision_ref: s45
chapter: PART 6 - LICENSING
section: 45
title: Conditions of licence
content:
45. —(1) In granting a licence to any person, the LTA may impose any conditions that the LTA considers requisite or expedient having regard to the purposes of this Act. (2) In particular, in granting a licence, the LTA may impose conditions — ( a ) requiring the licensee to undertake the regulated activity in the licence using only the type or types of EV chargers that the LTA has specified in the licence; ( b ) requiring the licensee to tag any EV charger that is being used by the licensee in connection with the regulated activity; ( c ) requiring the licensee to operate only EV chargers that can be activated to allow a variation in the rate at which electricity is transferred from a charging station to the battery of an electric vehicle and being able to, on request, activate this capability; ( d ) requiring the licensee to operate EV chargers with interoperable open communication standards; ( e ) requiring the licensee to ensure that the EV chargers have signals or indicators that are able to show that the battery connected to the EV charger in question is being charged; ( f ) requiring the licensee to be insured and maintain insurance for a prescribed minimum amount for the validity period of the licence, under one or more approved policies with an insurer within the meaning of the Insurance Act 1966 against third‑party liabilities for death, personal injury or damage to property which a customer or other person may sustain or incur in the course of undertaking the regulated activity authorised by the licence; ( g ) prohibiting the collection and further collection of deposits from users of EV chargers used in the provision of the EV charging service covered by the licence; ( h ) requiring the licensee to provide the EV charging service to customers using one or more specific modes of payment, including the following: (i) payment by credit card; (ii) payment by way of Singapore Quick Response Code; ( i ) requiring the licensee to provide for payment methods that do not require a user to register for an account with the licensee; ( j ) requiring the licensee to correct EV charging service downtime issues within a specified period of time and to provide incident reports to the LTA; ( k ) requiring the licensee to provide to the LTA, upon the LTA’s request, such financial information about the regulated activity undertaken during such period as may be specified by the LTA; ( l ) requiring the licensee to comply with specified standards or requirements relating to cybersecurity (as defined in section 2(1) of the Cybersecurity Act 2018); ( m ) requiring the licensee — (i) to appoint, and ensure that at all times there is appointed, one or more persons in Singapore authorised by the licensee to accept on the licensee’s behalf service of notices and other documents under this Act; and (ii) to provide the name, address and contact details of the person or persons appointed as required by sub‑paragraph (i); and ( n ) specifying the areas in Singapore within which the licensee must not operate a battery charge and swap station if that is authorised by the licence. (3) In this section, “approved policies” means policies of insurance each of which is not subject to any conditions, exclusions or exceptions prohibited by the Regulations.


document_id: evca-2022
provision_ref: s46
chapter: PART 6 - LICENSING
section: 46
title: Modifying conditions of licence
content:
46. —(1) Subject to this section, it is lawful for the LTA to modify the conditions of a licence without compensating the licensee concerned. (2) Before modifying any condition of a licence, the LTA must give notice to the licensee holding that licence — ( a ) stating that the LTA proposes to make the modification in the manner as specified in the notice; and ( b ) specifying the time (being at least 7 days from the date of service of notice on the licensee) within which the licensee may make written representations to the LTA with respect to the proposed modification. (3) Upon receiving any written representation referred to in subsection (2), the LTA must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification of any condition of a licence in the manner that the LTA thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where — ( a ) the LTA rejects any written representation under subsection (3)( a ); ( b ) the LTA amends any proposed modification to any condition of a licence under subsection (3)( b ); or ( c ) no written representation is received by the LTA within the time specified in subsection (2), or any written representation made under that subsection is subsequently withdrawn, the LTA must issue a written direction to the licensee in question requiring the licensee, within the time specified by the LTA, to give effect to the modification as specified in the notice under subsection (2) or as amended by the LTA, as the case may be.


document_id: evca-2022
provision_ref: s47
chapter: PART 6 - LICENSING
section: 47
title: Modifying types of EV chargers on licensee’s application
content:
47. —(1) A licensee may apply to the LTA to modify the types of EV chargers that the licensee is authorised under its licence to use in undertaking a regulated activity. (2) To avoid doubt, applying to modify the types of EV chargers means applying to do one or more of the following: ( a ) add one or more types of EV chargers; ( b ) remove one or more types of EV chargers. (3) An application under subsection (1) must — ( a ) be in the form and manner the LTA determines; ( b ) be accompanied by an application fee, if prescribed; and ( c ) be accompanied by the prescribed information and any other additional information that the LTA requires to decide on the application. (4) However, an application under subsection (1) must be made no later than 9 months (or such longer or shorter period as may be prescribed in substitution) before the date of expiry of the licence concerned. (5) The LTA may refuse to consider an application under subsection (1) where the application is incomplete or not made in accordance with this section. (6) After considering any application under subsection (1), the LTA may do either of the following: ( a ) on payment of a prescribed fee to modify the types of EV chargers under the licence and, where the application involves the addition of one or more additional types of EV chargers, another prescribed fee, grant the licensee the modification applied for and modify any other relevant conditions of the licence as a consequence; ( b ) refuse to allow the licensee to modify the EV chargers that the licensee is authorised to use in undertaking a regulated activity under its licence. (7) Section 43(2), (3), (4) and (5) applies, with the necessary modifications, to every application under subsection (1) as if the application were an application for or to renew a licence. (8) A person commits an offence if the person, being an applicant under subsection (1) — ( a ) provides, or causes or permits to be provided, any information or document in connection with the application which is false or misleading in a material particular; and ( b ) knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular. (9) A person who is guilty of an offence under subsection (8) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: evca-2022
provision_ref: s48
chapter: PART 6 - LICENSING
section: 48
title: Restriction on surrender of licence
content:
48. Every licence is not capable of being surrendered without the written consent of the LTA, and any surrender or purported surrender of a licence is void if it is without such consent. Division 3 &#x2014; Business operation requirements


document_id: evca-2022
provision_ref: s49
chapter: PART 6 - LICENSING
section: 49
title: Record-keeping and giving information
content:
49. —(1) A licensee authorised to undertake a regulated activity must — ( a ) keep and retain, for such period as may be prescribed, records or data about the regulated activity that is prescribed, being relevant to monitoring or evaluating the regulated activity for the purposes of this Part (including that relating to charger location, charger availability, charger utilisation and energy consumption rate); and ( b ) give to the LTA (or its agent) within the period and in the manner prescribed, those records or data or both. (2) A licensee who is subject to a requirement under subsection (1) commits an offence if the licensee — ( a ) intentionally or negligently contravenes the requirement under subsection (1) to keep, retain or give; ( b ) intentionally alters, suppresses or destroys any records or data which the person is required under subsection (1) to keep, retain or give; or ( c ) who, in keeping, retaining or giving the records or data required under subsection (1), makes any statement which the person knows to be false in a material particular, or recklessly makes such a statement. (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000. (4) To avoid doubt, it is lawful for any licensee to give to the LTA any information mentioned in subsection (1) without the LTA compensating the licensee concerned.


document_id: evca-2022
provision_ref: s50
chapter: PART 6 - LICENSING
section: 50
title: Publication of information on publicly accessible online platform
content:
50. —(1) The LTA may publish on a publicly accessible online platform administered by or under the control of the Government or any public authority, any data about respective licensees’ charger location, charger availability, retail price of charging service and charger utilisation that — ( a ) can be obtained from a publicly available source, including any digital application software owned or operated by a licensee; or ( b ) can be derived from information obtained from a publicly available source, including any digital application software owned or operated by a licensee. (2) It is lawful for the LTA to publish any information under subsection (1) without the LTA compensating the licensee concerned. (3) Where the LTA provides a service to the public by which information is supplied to the public under this section, no member, officer or employee of the LTA involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of any nature appearing therein or however caused if made in good faith, with reasonable care and in the ordinary course of the discharge of the duties of such member, officer or employee.


document_id: evca-2022
provision_ref: s51
chapter: PART 6 - LICENSING
section: 51
title: Standards of performance for licensees
content:
51. —(1) The LTA may — ( a ) issue one or more standards of performance applicable to licensees generally or specially; ( b ) approve as a standard of performance applicable to licensees, any document prepared by a person other than the LTA if the LTA considers the document as suitable for this purpose; or ( c ) amend or revoke any standard of performance issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the matters in subsection (2) or (3), as the case may be. (2) The matters for the purposes of subsection (1) include any of the following: ( a ) performance standards relating to undertaking a regulated activity and the quality of aspects of the provision of an EV charging service; ( b ) measures to deal with safety and safety incidents and accidents involving EV chargers made available by the licensee in undertaking a regulated activity, and reporting to the LTA those safety incidents and accidents; ( c ) other performance standards relating to undertaking a regulated activity. (3) A standard of performance may, in particular, specify the duties and obligations of any licensee in relation to its business operation insofar as it relates to the provision of EV charging services in Singapore. (4) If any provision in any standard of performance is inconsistent with any provision of this Act or the Regulations, that provision, to the extent of the inconsistency — ( a ) is to have effect subject to this Act and the Regulations; or ( b ) having regard to this Act and the Regulations, is not to have effect. (5) Where a standard of performance is issued, approved, amended or revoked by the LTA under subsection (1), the LTA must — ( a ) give notice of the issue, approval, amendment or revocation (as the case may be) of the standard of performance to every licensee to whom the standard of performance applies; ( 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 standard of performance remains in force, copies of that standard of performance, and of all amendments to that standard of performance, are available for inspection (without charge) by the licensees to whom the standard of performance applies. (6) No standard of performance, no amendment to an approved standard of performance, and no revocation of any approved standard of performance, has any force or effect as an approved standard of performance until the notice relating thereto is given in accordance with subsection (5). (7) A standard of performance issued or approved under this section does not have legislative effect. (8) Subject to subsection (9), every licensee must comply with the standards of performance applicable to the licensee. (9) The LTA may, for such time as the LTA may specify, waive the application of any standard of performance or part of a standard of performance, issued or approved under this section to any particular licensee.


document_id: evca-2022
provision_ref: s52
chapter: PART 6 - LICENSING
section: 52
title: Directions affecting licensees
content:
52. —(1) The LTA may give a direction to a licensee for or in respect of — ( a ) the safety of customers and any other person in connection with undertaking a regulated activity authorised by the licensee’s licence; or ( b ) any matter affecting the interests of the public in connection with the regulated activity undertaken by the licensee. (2) A direction given under subsection (1) — ( a ) may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including refusing to provide EV charging services in respect of any particular customer; ( 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 LTA. (3) A direction under this section continues in force until the earlier of the following occurs: ( a ) the expiry date (if any) stated in the direction is reached; ( b ) the LTA revokes the direction. (4) Before exercising any powers under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee concerned — ( a ) stating that the LTA intends to give a direction to the licensee under this section and the nature of the direction; and ( b ) specifying the time (being at least 7 days after the date of service of notice on the licensee) within which written representations may be made to the LTA with respect to the proposed direction. (5) However, subsection (4) does not apply where the LTA, in respect of any particular direction, considers that it is not practicable or desirable to comply with that subsection. (6) The LTA may, after considering any written representation made pursuant to subsection (4)( b ), decide to give or not to give the direction as the LTA considers appropriate. (7) The LTA must serve on the licensee concerned a notice of its decision under subsection (6). (8) Where the LTA gives written notice to the licensee under subsection (4) and the licensee fails to make written representations to the LTA on or by the date mentioned in subsection (4)( b ), the LTA must, on a date that is not more than 28 days after the date on which written representations were to have been made by under subsection (4)( b ), give to the licensee the direction mentioned in subsection (4)( a ). (9) Every licensee must comply with every direction given under this section to the licensee as soon as it takes effect. (10) No civil or criminal liability is incurred by the licensee, or an officer, employee or agent of the licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section. Division 4 &#x2014; Regulatory action in respect of licensees


document_id: evca-2022
provision_ref: s53
chapter: PART 6 - LICENSING
section: 53
title: Suspension or revocation, etc., of licence
content:
53. —(1) Subject to section 55, if the LTA is satisfied that — ( a ) a licensee is contravening or not complying with, or has contravened or failed to comply with — (i) any of the conditions of the licensee’s licence; (ii) any provision of this Act or the Regulations applicable to the licensee, contravention of or non‑compliance with which is not an offence under this Act; (iii) any provision of a standard of performance applicable to the licensee; or (iv) any direction or order given to the licensee under subsection (2)( c ) or ( e ) or section 52; ( b ) the licensee — (i) has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or (ii) is, or is likely to be, placed under judicial management of a judicial manager under any written law relating to the insolvency of companies; ( c ) the licensee has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts; ( d ) the licensee is not undertaking an adequate and satisfactory regulated activity; ( e ) the licensee or an officer of the licensee is convicted of any offence under this Act or the Regulations committed during the term of the licence, as the case may be; ( f ) the licence had been obtained by the licensee by fraud or misrepresentation; ( g ) the licence fee, periodic fee, renewal fee or late renewal fee required by section 43(1) or 44(1) (as the case may be) has not been paid by the licensee in full on or by the date on which payment was due; or ( h ) the public interest of Singapore requires, the LTA may revoke (without compensation) the licensee’s licence. (2) However, the LTA may, in lieu of revoking a licensee’s licence, do (without compensation) any one or more of the following: ( a ) censure the licensee in writing; ( b ) modify any condition of the licensee’s licence; ( c ) direct the licensee — (i) to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)( a ); or (ii) to remove, within a period specified in the direction, from all public places EV chargers that are tagged by the licensee in undertaking a regulated activity or any equipment or other thing constructed or installed in the vicinity of the EV charger for or in connection with the regulated activity undertaken when the licence is not in force; ( d ) suspend or partially suspend the licence for not more than 12 months; ( e ) direct the licensee to pay, within a period specified in a direction, a financial penalty of any amount that the LTA thinks fit, but not exceeding $100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action; ( f ) direct the furnishing by the licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following: (i) to secure compliance by the licensee with any condition attached to the licence or any standard of performance applicable to the licensee; (ii) to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee, or both. (3) Where any financial penalty is imposed on a licensee for contravening or not complying with — ( a ) any condition attached to the licence; or ( b ) any standard of performance applicable to the licensee, any performance bond, guarantee or other form of security furnished by the licensee to secure compliance by the licensee with any condition attached to that licence or any standard of performance applicable to the licensee must not be forfeited by the LTA for that contravention or non‑compliance except to the extent to pay the financial penalty. (4) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA may accept the licensee’s or person’s conviction as final. (5) For the purposes of subsection (1)( c ), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.


document_id: evca-2022
provision_ref: s54
chapter: PART 6 - LICENSING
section: 54
title: Regulatory action can continue despite licence expiry, etc.
content:
54. —(1) Subject to section 55, if regulatory action under section 53 has started against a licensee, and the LTA does not take any regulatory action before the date of expiry of the licensee’s licence for reasons other than the LTA discontinuing the regulatory action, then despite the licence expiry, the regulatory action may continue and the LTA may exercise any powers under subsection (2) in relation to the former licensee if satisfied of any ground mentioned in section 53(1). (2) The LTA may, if satisfied of any ground mentioned in section 53(1), do (without compensation) any one or more of the following: ( a ) censure the former licensee in writing; ( b ) direct the former licensee — (i) to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in section 53(1)( a ) by the former licensee when the licence was in force; or (ii) to remove, within a period specified in the direction, from all public places EV chargers that are tagged by the former licensee in undertaking a regulated activity or any equipment or other thing constructed or installed in the vicinity of the EV charger for or in connection with the regulated activity undertaken; ( c ) direct the former licensee to pay, within a period specified in a direction, a financial penalty of any amount that the LTA thinks fit, but not exceeding $100,000 for each instance of the contravention or non‑compliance which is the subject of the regulatory action. (3) Where any financial penalty is imposed on a former licensee for contravening or not complying with — ( a ) any condition attached to the licence that has expired; or ( b ) any standard of performance that was applicable to the former licensee, any performance bond, guarantee or other form of security furnished by the former licensee to secure compliance by the former licensee with any condition attached to that licence or any standard of performance applicable to the former licensee may be forfeited by the LTA for that contravention or non‑compliance to the extent to pay the financial penalty. (4) Section 53(4) and (5) applies to regulatory action under this section as it applies to any regulatory action under that section.


document_id: evca-2022
provision_ref: s55
chapter: PART 6 - LICENSING
section: 55
title: Proceedings for regulatory action
content:
55. —(1) Before exercising any powers under section 53(1) or (2) or 54(2), the LTA must give written notice to the licensee or former licensee concerned — ( a ) stating that the LTA intends to take regulatory action against the licensee or former licensee; ( b ) specifying the type of action in section 53(1) or (2) or 54(2) that the LTA proposes to take, and each instance of contravention or non‑compliance that is the subject of the action; and ( c ) specifying the time (being at least 14 days from the date of service of notice on the licensee, or former licensee, as the case may be) within which written representations may be made to the LTA with respect to the proposed action. (2) The LTA may, after considering any written representation under subsection (1)( c ), decide to take any regulatory action in section 53(1) or (2) or 54(2) that the LTA considers appropriate. (3) Where the LTA has made any decision under subsection (2) against any licensee, the LTA must serve on the licensee, or former licensee, concerned a notice of its decision. (4) Subject to section 68, a decision to revoke a licence under section 53(1), or to impose a regulatory action in section 53(2) or 54(2), which is specified in the notice given under subsection (3), takes effect from the date on which that notice is given, or on any other date that may be specified in the notice. (5) Any suspension (whether partial or otherwise) or revocation of any licence under section 53 with respect to a licensee does not affect — ( a ) the enforcement by any person of any right or claim against the licensee or the former licensee, as the case may be; or ( b ) the enforcement by the licensee or the former licensee (as the case may be) of any right or claim against any person. (6) All financial penalties imposed under section 53(2) or 54(2) must be paid into the Consolidated Fund.


document_id: evca-2022
provision_ref: s56
chapter: PART 7 - STEP-IN ARRANGEMENTS
section: 56
title: Application of this Part
content:
56. This Part applies only in relation to a licensee that is authorised to provide EV charging services and is prescribed by the Minister, by order in the Gazette , as a designated licensee.


document_id: evca-2022
provision_ref: s57
chapter: PART 7 - STEP-IN ARRANGEMENTS
section: 57
title: Step-in order
content:
57. —(1) The Minister may make an order under this section (called a step‑in order) if the licence of a designated licensee is suspended in its entirety, revoked or surrendered, and on receipt of the written advice from the LTA of its opinion that it is necessary to take over some or all of the operations of the designated licensee to ensure that the designated licensee’s customers receive an adequate provision of EV charging services. (2) Before a step‑in order is made under this section, the Minister must give the designated licensee concerned a reasonable opportunity to make submissions in respect of the proposed step‑in order. (3) A step‑in order — ( a ) authorises a step‑in operator chosen by the LTA to take over, the operations of the designated licensee concerned, or a specified part of those operations; ( b ) may appoint, or order the designated licensee concerned to appoint, a person to advise the designated licensee in the proper conduct of its business; ( c ) may specify that — (i) the step‑in operator has such functions and powers in relation to the operations of the designated licensee concerned as are specified in the order; (ii) the designated licensee concerned is to stop providing EV charging services to specified customers on and from a specified date; and (iii) the step‑in operator must have access to, and take control of, the EV chargers or premises or other assets and other property, including the charger management software, any software used to manage the supply of electricity to the EV chargers, intellectual property, licences and employees, used or required by the designated licensee for the purposes of carrying on the operations specified in the order; and ( d ) may contain ancillary directions that may — (i) direct how the costs of providing the EV charging service, and revenue generated from the provision of that service, are to be dealt with; (ii) fix the remuneration and expenses to be paid by a designated licensee to any person appointed by the Minister under paragraph ( b ) to advise the designated licensee in the proper conduct of its business; (iii) specify the period for which the step‑in order under subsection (1) applies, such period being not more than 12 months starting on the date that the step‑in order is made; and (iv) specify any other conditions that may apply. (4) Any decision of the Minister under subsection (1) is final. (5) A step‑in order operates to the exclusion of rights that are inconsistent with the step‑in order. (6) The designated licensee concerned — ( a ) must facilitate the handover of the operations to the step‑in operator as specified in the order; ( b ) must not obstruct the step‑in operator’s access to property or the exercise by the step‑in operator of the step‑in operator’s responsibilities under this section; and ( c ) must comply with reasonable directions given by the step‑in operator in the exercise of the step‑in operator’s responsibilities under this section. (7) The designated licensee which fails to comply with subsection (6) 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 $100 for every day or part of a day during which the offence continues after conviction.


document_id: evca-2022
provision_ref: s58
chapter: PART 7 - STEP-IN ARRANGEMENTS
section: 58
title: Restrictions on voluntary winding up, etc.
content:
58. —(1) Despite the provisions of any other written law, where a company is a designated licensee — ( a ) the company must not be wound up voluntarily without the consent of the LTA; ( b ) no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the company; ( c ) no step is to be taken by any person to enforce any security over the company’s property except where that person has served 14 days’ notice of the person’s intention to take that step on the LTA; and ( d ) no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to the company, unless that person has served 14 days’ written notice of that person’s intention to make the application on the LTA. (2) The LTA must be a party to — ( a ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a company that is a designated licensee; or ( b ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a company that is a designated licensee.


document_id: evca-2022
provision_ref: s59
chapter: PART 7 - STEP-IN ARRANGEMENTS
section: 59
title: Rules and saving for step-in arrangements
content:
59. —(1) The Minister may, by rules made under this section, give effect to this Part, including making provision for applying, omitting or modifying the provisions of Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 where a step‑in order is made. (2) Nothing effected or to be effected by this Part or done under this Part — ( a ) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; ( b ) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; ( c ) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; ( d ) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; ( e ) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable, or as frustrating any contract; or ( f ) releases any surety or other obligor wholly or in part from any obligation.


document_id: evca-2022
provision_ref: s60
chapter: PART 8 - MINIMUM ELECTRICAL LOAD AND
section: 60
title: Interpretation of this Part
content:
60. In this Part — “approved electrical load”, in relation to a development, means the maximum electrical load rating of the development as approved by a market support services licensee under the Electricity Act 2001; “building” includes part of a building; “building works” means — ( a ) the erection or extension of a building; or ( b ) the alteration, addition or repair of a building, but excludes building works for a temporary building or the occupation of any temporary building; “developer”, for any building works to which this Part applies, means the person for whom or on whose behalf those building works are carried out; “development” means any land or premises on which any development (within the meaning of section 3 of the Planning Act 1998) is or is to be carried out, and in respect of which — ( a ) a permission is granted by a competent authority under Part 3 of the Planning Act 1998 on or after the date of commencement of this Part; or ( b ) an authorisation by notification under section 21(6) of the Planning Act 1998 is made on or after the date of commencement of this Part; “electrical work” has the meaning given by section 2(1) of the Electricity Act 2001; “gross floor area” means the floor area that is used in the computation of the land betterment charge in relation to any development under the Land Betterment Charge Act 2021; “market support services licensee” has the meaning given by section 2(1) of the Electricity Act 2001; “motor car” means a motor vehicle with 4 wheels which is constructed to carry a load or passengers and the weight of which unladen — ( a ) does not exceed 3,000 kilograms in the case of a vehicle which is — (i) constructed solely for the carriage of passengers and their effects; and (ii) adapted to carry not more than 7 passengers exclusive of the driver; and ( b ) in any other case, does not exceed 2,500 kilograms; “parking lot” means an area within a parking place which is marked out for parking of a single motor car or motorcycle in that area; “parking place” has the meaning given by section 2 of the Parking Places Act 1974; “public authority” extends to include a Town Council.


document_id: evca-2022
provision_ref: s61
chapter: PART 8 - MINIMUM ELECTRICAL LOAD AND
section: 61
title: Application of this Part
content:
61. —(1) Subject to sections 62 and 63, this Part applies only to the following types of works (each called the “defined works”) carried out in any development: ( a ) any building works that results in the erection or re‑erection of a building; ( b ) any other building works for any building comprised in the development, the grant of permission of which by the competent authority or authorisation by notification under section 21(6) of the Planning Act 1998 would increase the approved gross floor area of the development by at least 50% or any lower percentage prescribed in substitution under subsection (2); ( c ) any electrical work — (i) where the approved electrical load of the development before the electrical work is carried out is more than 280kVA or any lower electrical load prescribed in substitution under subsection (2) — that requires an approval by the market services support licensee concerned to increase the approved electrical load of the development; or (ii) where the approved electrical load of the development before the electrical work is carried out is 280kVA or less, or any lower electrical load prescribed in substitution under subsection (2) — that requires an approval by the market services support licensee concerned to increase the approved electrical load of the development to more than 280kVA or such lower electrical load as so prescribed; ( d ) any other building works or electrical work prescribed by an order in the Gazette under subsection (2). (2) The Minister may, for the purpose of encouraging the use of electric vehicles in Singapore through an expanded network of accessible charging points, make an order in the Gazette for the following purposes: ( a ) prescribe any additional building works or electrical work as “defined works”; ( b ) prescribe a lower threshold percentage of increase in the approved gross floor area of a development for the purposes of subsection (1)( b ); ( c ) prescribe a lower threshold level of approved electrical load of a development for the purposes of subsection (1)( c ). (3) In this section, “competent authority” means any competent authority appointed under section 5 of the Planning Act 1998 to be responsible for the operation of Part 3 of that Act, and includes any individual authorised under section 5(2) of that Act to perform any of those functions conferred on the competent authority.


document_id: evca-2022
provision_ref: s62
chapter: PART 8 - MINIMUM ELECTRICAL LOAD AND
section: 62
title: Disapplication of this Part
content:
62. —(1) This Part does not apply to — ( a ) any defined works carried out by or on behalf of the Government on State land; ( b ) any defined works carried out by or on behalf of any public authority on land owned by that public authority; or ( c ) any defined works carried out in connection with any development specified in Part 4 of the Schedule to the Parking Places (Provision of Parking Places and Parking Lots) Rules 2018. (2) Sections 64(1)( b ) and 65(1)( b ) do not apply in relation to any defined works carried out in any development that would result in fewer than 8 parking lots within the parking place of the development after the completion of the defined works. (3) The Minister may make an order in the Gazette to lower the number of parking lots mentioned in subsection (2).


document_id: evca-2022
provision_ref: s63
chapter: PART 8 - MINIMUM ELECTRICAL LOAD AND
section: 63
title: Power to exempt
content:
63. —(1) The Minister may, if satisfied in any particular case that the application of this Part is incompatible with the purposes of this Act or would cause substantial hardship to any person, exempt any person in relation to any particular defined works carried out in a development for or on behalf of that person from all or any of the provisions of this Part, subject to any condition that the Minister may impose. (2) An exemption under subsection (1) need not be published in the Gazette . Division 2 &#x2014; Requirements for building works


document_id: evca-2022
provision_ref: s64
chapter: PART 8 - MINIMUM ELECTRICAL LOAD AND
section: 64
title: Minimum electrical load and charging points in parking place for building works
content:
64. —(1) Subject to subsection (10), the developer of any building works must, no later than the relevant date for those building works, install or cause to be installed — ( a ) all electrical infrastructure necessary to supply a minimum electrical load for the purpose of charging electric vehicles in the parking places of the development; and ( b ) in the parking places of the development, a minimum number of charging points determined in accordance with a formula to be prescribed by the Minister by order in the Gazette . (2) The minimum electrical load mentioned in subsection (1)( a ) is determined in accordance with a formula to be prescribed by the Minister by order in the Gazette . (3) The developer of those building works must, before the relevant date mentioned in subsection (1), submit to the LTA for approval under this subsection — ( a ) the developer’s proposals and plans for complying with the requirements imposed under that subsection; and ( b ) any prescribed information and document and any additional information or documents that the LTA may require in any particular case. (4) The LTA must disapprove the proposals and plans if the LTA is not satisfied that the proposals and plans submitted under subsection (3) comply with the requirements under subsection (1). (5) For the purpose of demonstrating that the works covered by the proposals and plans approved under subsection (3) have been completed, the developer of those building works must, before the relevant date for those works, give to the LTA — ( a ) all information and documents that are prescribed; and ( b ) any other information or document required by the LTA in any particular case. (6) The LTA may, after considering all information and documents submitted under subsection (5) in relation to any particular building works and conducting all necessary checks (including any inspection carried out by an authorised officer of the development where the building works are carried out) to ensure that subsection (1) has been complied with, issue a certificate to the developer of the building works certifying that subsection (1) has been complied with. (7) The LTA may issue a remedial notice to the developer of the building works mentioned in subsection (1) requiring the developer — ( a ) to take any step specified in the remedial notice as the LTA thinks fit to rectify any non‑compliance with subsection (1); and ( b ) to do so within the period specified in the remedial notice, or any extension of that period as the LTA may allow in any particular case. (8) A developer who contravenes or fails to comply with a remedial notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction. (9) The offence under subsection (8) is a strict liability offence. (10) This section does not apply if the electrical infrastructure and charging points required under subsection (1)( a ) and ( b ) are comprised within the development for which any building works are to be carried out. (11) In this section — “electrical infrastructure” includes — ( a ) the electrical switch room of the development, and the main electrical distribution board in the electrical switch room; and ( b ) the electrical substation of the development, and the electrical switchboards, switchgears, transformers and any other electrical and cabling equipment in the electrical substation; “relevant date”, in relation to any building works, means a date prescribed by the Minister by order in the Gazette in relation to those building works. Division 3 &#x2014; Requirements for electrical work


document_id: evca-2022
provision_ref: s65
chapter: PART 8 - MINIMUM ELECTRICAL LOAD AND
section: 65
title: Minimum electrical load and charging points in parking place for electrical work
content:
65. —(1) Subject to subsection (12), the owner of any development in respect of which electrical work is carried out must, within the period specified in subsection (4), install or cause to be installed — ( a ) all electrical infrastructure necessary to supply a minimum electrical load for the purpose of charging electric vehicles in the parking place of the development; and ( b ) in the parking places of the development, a minimum number of charging points determined in accordance with a formula to be prescribed by the Minister by order in the Gazette . (2) The minimum electrical load mentioned in subsection (1)( a ) is determined in accordance with a formula to be prescribed by the Minister by order in the Gazette . (3) For the purpose of demonstrating that the electrical infrastructure and charging points mentioned in subsection (1) have been installed, the owner of the development must, within the period specified in subsection (4), give to the LTA — ( a ) all information and documents that are prescribed; and ( b ) any other information or document required by the LTA in any particular case. (4) For the purposes of subsections (1) and (3), the specified period is 12 months, or such longer period as the LTA may approve in writing in any particular case, after the following date (whichever is applicable): ( a ) the date on which the switchgear which controls the supply of electricity to the development is turned on by or on behalf of the owner of the development in accordance with the Electricity Act 2001; ( b ) the effective date on which the approved electrical load of the development is increased, as specified in a notice of approval issued by the market support services licensee concerned. (5) A person who, without reasonable excuse, fails to comply with subsection (3) read with subsection (4) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000; and ( b ) in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. (6) A person who — ( a ) intentionally alters, suppresses or destroys any prescribed information or document mentioned in subsection (3); or ( b ) intentionally provides to the LTA any information that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (7) It is not a reasonable excuse for a person to fail to comply with subsection (3) read with subsection (4) on the ground that the disclosure of any prescribed information or document might tend to incriminate the person. (8) The LTA may, after considering all information and documents submitted under subsection (3) and conducting all necessary checks (including any inspection carried out by an authorised officer of the development where the electrical work is carried out) to ensure that subsection (1) has been complied with, issue a certificate to the owner of the development certifying that subsection (1) has been complied with. (9) The LTA may issue a remedial notice to the owner of the development mentioned in subsection (1) requiring the owner — ( a ) to take any step specified in the remedial notice as the LTA thinks fit to rectify any non‑compliance with subsection (1); or ( b ) to do so within the period specified in the remedial notice, or any extension of that period as the LTA may allow in any particular case. (10) A person who contravenes or fails to comply with a remedial notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction. (11) The offence under subsection (10) is a strict liability offence. (12) This section does not apply if — ( a ) the requirements in Division 2 apply in relation to any development where building works are to be carried out together with the electrical work; or ( b ) the electrical infrastructure and charging points required under subsection (1)( a ) and ( b ) are comprised within the development for which any electrical work is to be carried out. (13) In this section — “common property”, “limited common property”, “lot” and “subdivided building” have the meanings given by section 2(1) of the Building Maintenance and Strata Management Act 2004; “electrical infrastructure” has the meaning given by section 64(11); “owner”, in relation to a development, means — ( a ) in relation to any premises which are not subdivided — any person who is the registered proprietor of the fee simple, estate in perpetuity or leasehold estate of those premises in the land‑register under the Land Titles Act 1993; ( b ) in relation to any common property or any limited common property of any premises comprised in a strata title plan under the Land Titles (Strata) Act 1967 — the management corporation or subsidiary management corporation (as the case may be) having control of the common property or limited common property; ( c ) in relation to any subdivided building other than a subdivided building mentioned in paragraph ( b ), means — (i) in relation to any subdivided building with common property or limited common property — (A) every person who is a registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of a lot in that building; or (B) in a case where a person is entrusted to receive any rent or charge for the maintenance and management of the common property or limited common property — that person; or (ii) in relation to a lot in any subdivided building with no common property — any person who is the registered proprietor in the land‑register under the Land Titles Act 1993 of the fee simple, estate in perpetuity or leasehold estate of that lot; and ( d ) in relation to any other development where paragraphs ( a ), ( b ) and ( c ) do not apply — the person for the time being receiving any rent or charge of the development, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the development were let to a tenant, and includes every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as owner of that development.


