# legal_provisions

document_id: thpa-2014
provision_ref: s7
chapter: PART 2 - LIABILITY FOR TRANSBOUNDARY HAZE POLLUTION
section: 7
title: Defences
content:
7. —(1) It is a defence to a prosecution for an offence under section 5(1) or (3), and to a civil claim for a breach of duty under section 6(1) or (2), if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the haze pollution in Singapore was caused solely by — ( a ) a grave natural disaster or phenomenon; or ( b ) an act of war. (2) It is also a defence to a prosecution for an offence under section 5(1) for engaging in conduct which causes or contributes to any haze pollution in Singapore, and to a civil claim for a breach of duty under section 6(1) not to engage in conduct which causes or contributes to any haze pollution in Singapore, if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the conduct which caused or contributed to the haze pollution in Singapore was by another person acting without the accused’s or defendant’s knowledge or consent, or contrary to the accused’s or defendant’s wishes or instructions; but that other person cannot be — ( a ) any employee or agent of the accused or defendant, as the case may be; ( b ) any person engaged, directly or indirectly, by the accused or defendant (as the case may be) to carry out any work on the land owned or occupied by the accused or defendant, and any of that person’s employees; or ( c ) any person who has a customary right under the law of a foreign State or territory outside Singapore as regards the land in that foreign State or territory and with whom the accused or defendant (as the case may be) has an agreement or arrangement, which agreement or arrangement relates to any farming operations or forestry operations to be carried out by any person in respect of that land. (3) It is also a defence to a prosecution for an offence under section 5(1) for engaging in conduct which condones any conduct by another entity or individual which causes or contributes to any haze pollution in Singapore, and to a civil claim for a breach of duty under section 6(1) not to engage in conduct condoning any conduct by another entity or individual which causes or contributes to any haze pollution in Singapore, if the accused or defendant (as the case may be) proves, on a balance of probabilities, that — ( a ) the accused or defendant took all such measures as are (or were at the material time) reasonable to prevent such conduct by the other entity or individual; and ( b ) if the conduct by the other entity or individual already occurred, the accused or defendant took all such measures as are (or were at the material time) reasonable to stop that conduct from continuing or to substantially reduce the detriment or potential detriment to the environment in Singapore or its use or other environmental value, or the degradation or potential degradation to the environment in Singapore, due to the other entity’s or individual’s conduct. (4) It is also a defence to a prosecution for an offence under section 5(3), or a civil claim for a breach of duty under section 6(2), if the accused or defendant (as the case may be) proves, on a balance of probabilities, that the conduct which caused or contributed to the haze pollution in Singapore was by another person acting without the knowledge or consent of the accused or defendant and the second entity mentioned in section 5(3) or 6(2), or contrary to the wishes or instructions of the accused or defendant and that second entity; but that other person cannot be — ( a ) any employee or agent of the accused or defendant (as the case may be) or of the second entity mentioned in section 5(3) or 6(2); ( b ) any person engaged, directly or indirectly, by the accused or defendant (as the case may be) or by the second entity mentioned in section 5(3) or 6(2), to carry out any work on the land owned or occupied by the second entity, and any of that person’s employees; or ( c ) any person who has a customary right under the law of a foreign State or territory outside Singapore as regards the land in that foreign State or territory, and with whom the accused or defendant (as the case may be) or the second entity has an agreement or arrangement, which agreement or arrangement relates to any farming operations or forestry operations to be carried out by any person in respect of that land.


document_id: thpa-2014
provision_ref: s8
chapter: PART 2 - LIABILITY FOR TRANSBOUNDARY HAZE POLLUTION
section: 8
title: Presumptions
content:
8. —(1) For the purposes of this Act, where it is proved that — ( a ) there is haze pollution in Singapore; ( b ) at or about the time of the haze pollution in Singapore, there is a land or forest fire on any land situated outside Singapore; and ( c ) based on satellite information, wind velocity and direction and other meteorological information at or about the time of the haze pollution in Singapore, the smoke resulting from that fire is moving in the direction of Singapore, it is presumed, until the contrary is proved, that there is haze pollution in Singapore involving smoke resulting from that land or forest fire, even though there may be, at or about the same time, any land or forest fire or other fire on any other land situated outside Singapore (whether or not adjacent to the land mentioned in paragraph ( b )) or in any part of Singapore. (2) For the purposes of this Act, where — ( a ) it is proved, or presumed by the operation of subsection (4), that an entity owns or occupies any land situated outside Singapore; and ( b ) it is further proved, or presumed by the operation of subsection (1), that any haze pollution in Singapore involves smoke resulting from any fire on that land outside Singapore, it is presumed, until the contrary is proved, that the entity which is the owner or occupier of the land engaged in conduct, or engaged in conduct that condones any conduct by another entity or individual, which caused or contributed to that haze pollution in Singapore. (3) For the purposes of this Act, where — ( a ) it is proved that an entity (called in this subsection the first entity) participates in the management of another entity (called in this subsection the second entity); and ( b ) it is further proved, or presumed by the operation of subsection (2), that the second entity engaged in conduct, or engaged in conduct that condones any conduct by another entity or individual, which caused or contributed to any haze pollution in Singapore, it is presumed, until the contrary is proved, that the first entity also did engage in conduct, or did engage in conduct that condones any conduct by another entity or individual, which caused or contributed to that haze pollution in Singapore. (4) For the purposes of this Act, it is presumed, until the contrary is proved, that the entity owns or occupies any land situated outside Singapore if any of the following maps show the land as owned or occupied by that entity: ( a ) any map provided by, or obtained from, any person pursuant to a notice issued under section 10; ( b ) any map provided by, or obtained from, any government of a foreign State or territory outside Singapore; ( c ) any map provided by, or obtained from, any department of the government of a foreign State or territory outside Singapore, or any instrumentality of the government of a foreign State or territory outside Singapore even if separate and distinct from that government; ( d ) any map provided by any prescribed person through any prescribed means.


document_id: thpa-2014
provision_ref: s9
chapter: PART 3 - ADMINISTRATION
section: 9
title: Preventive measures notice to prevent, reduce or control haze pollution
content:
9. —(1) Where — ( a ) there is air pollution of the environment in Singapore, or there is air pollution of the environment in any part of a country or territory outside Singapore, because of any land or forest fire on any land situated outside Singapore; and ( b ) based on satellite information, wind velocity and direction and meteorological information, the smoke from that fire is likely to move in the direction of Singapore, the Director‑General may, if he or she thinks it necessary or expedient to prevent, reduce or control any haze pollution in Singapore, give a preventive measures notice to any entity that, in the Director‑General’s opinion, is directly or indirectly involved in any conduct which is causing or contributing to, or is likely to cause or contribute to, any haze pollution in Singapore. (2) A preventive measures notice under subsection (1) is a written request to an entity (called in this subsection the recipient entity) requiring it to do or refrain from doing anything specified by the Director‑General in the notice for the purpose of preventing, reducing or controlling any haze pollution in Singapore, such as but not limited to any of the following: ( a ) to deploy firefighting personnel and to use any other reasonable methods to extinguish or prevent the spread of any land or forest fire on any land situated outside Singapore which is owned or occupied by the recipient entity, or by another entity, the management of which the recipient entity participates in; ( b ) to discontinue, or not commence, any burning activities on such land mentioned in paragraph ( a ); ( c ) to submit to the Director-General any plan of action to extinguish or prevent the spread of any fire on any land mentioned in paragraph ( a ) and to prevent its recurrence. (3) In this section, “fire” includes a fire the Director‑General has reasonable grounds for believing may exist.


document_id: thpa-2014
provision_ref: s10
chapter: PART 3 - ADMINISTRATION
section: 10
title: Power to obtain information
content:
10. —(1) The Director-General or an authorised officer may give written notice to any person (whether in or outside Singapore) requiring the person to provide, within such reasonable period and in such form and manner as specified in the notice, all documents and information — ( a ) which relate to any matter necessary to carry out the functions or duties of, or assigned to, the Director‑General or the Agency by or under any provision of this Act; and ( b ) which are within that person’s knowledge or in that person’s custody or under that person’s control. (2) The power to require a person to provide any document or information under subsection (1) includes the power — ( a ) to require that person, or any individual 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 that person to state, to the best of that person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Agency in legible form. (3) A notice under subsection (1) must be served on a person in the following manner and no other manner: ( a ) where the person is an individual in Singapore — by delivering the notice personally to the person; ( b ) where the person is a body corporate, an unincorporated association or a partnership in Singapore — by delivering the notice personally to an officer of the body corporate or unincorporated association, or a partner of the partnership; ( c ) where the person is a body corporate, an unincorporated association or a partnership in Singapore and participates in the management of a body corporate, an unincorporated association or a partnership outside Singapore — by delivering the notice personally to an officer of the firstmentioned body corporate or unincorporated association, or a partner of the firstmentioned partnership; ( d ) where the person is a body corporate, an unincorporated association or a partnership which does not have any place of business in Singapore — by delivering the notice personally to an officer of the body corporate or unincorporated association, or a partner of the partnership when the officer or partner is in Singapore; ( e ) where the person has consented to the service of the notice by any mode — by that mode. (4) A notice under subsection (1) to any person takes effect only from the date the notice is served on the person and must also specify the period (which runs from the date the notice takes effect) within which the person must comply with the notice. (5) Where a court is satisfied that any person served with a notice under subsection (1) intends to leave Singapore, the court may, on the application of the Public Prosecutor but after giving due regard to the person’s circumstances, by order require the person to remain in Singapore for such period as the court considers reasonable to ensure that the person complies with the notice. (6) If a person (whether in or outside Singapore) who is served with a notice under subsection (1), without reasonable excuse, fails to do or refrain from doing anything required of the person by that notice, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one month or to both. (7) If a person in Singapore on whom a notice under subsection (1) is served — ( a ) intentionally alters, suppresses or destroys any document or information which the person has been required by the notice to provide; or ( b ) in providing any document or information required by the notice, makes any statement which the person knows to be false in a material particular, or recklessly makes such a statement, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both. (8) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Director‑General or an authorised officer, make such order as the court thinks fit to secure compliance with that notice, and any such order may provide that all the costs or expenses of and incidental to the application must be borne by that person or by any officer or employee of that person who is responsible for the failure. (9) Where a notice under subsection (1) is issued in connection with investigations into a suspected offence under this Act, the Agency through an authorised officer may, at any time after the expiry of the period specified in the notice, enter any building or place where the Agency has reason to believe that any document or information, in respect of which it has given the notice, may be found, and seize or take extracts from or copies of any such document or information. (10) The Agency is entitled without payment to keep any document or information, or any copy or extract thereof, provided to it under subsection (1) or obtained under subsection (9). (11) In this section — “body corporate” includes a limited liability partnership registered under the Limited Liability Partnerships Act 2005; “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 a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: thpa-2014
provision_ref: s11
chapter: PART 3 - ADMINISTRATION
section: 11
title: Power to examine and secure attendance, etc.
content:
11. —(1) For the purpose of investigating any offence under section 5, the Director‑General or an authorised officer may do all or any of the following: ( a ) examine orally any person who appears to be acquainted with matters related to the offence; ( b ) require by written notice the attendance before himself or herself of any person in Singapore who, from information given or otherwise, appears to be acquainted with matters related to the offence; ( c ) require any person to provide any information or produce any book or document, or any copy thereof, in that person’s possession and, without payment, inspect, keep, copy or take extracts from that book, document or copy. (2) Any person examined under this section is bound to state truly what the person knows of the matters related to the offence, whether or not the provision of information or production of any book or document or other disclosure might incriminate the person. (3) A statement made by any person examined under this section must — ( a ) be in writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted for the person in a language that the person understands; and ( d ) after correction, if necessary, be signed by the person. (4) If any person fails to attend as required by a notice under subsection (1)( b ), the Director‑General or authorised officer may report such failure to a Magistrate, who may then issue a warrant to secure that person’s attendance as required by the notice.


document_id: thpa-2014
provision_ref: s12
chapter: PART 3 - ADMINISTRATION
section: 12
title: Public servants
content:
12. The Director-General and all authorised officers, when performing or exercising any function, duty or power under this Act, are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: thpa-2014
provision_ref: s13
chapter: PART 3 - ADMINISTRATION
section: 13
title: Protection from personal liability
content:
13. No liability shall be incurred by the Director‑General, any authorised officer, any member, officer or employee of the Agency, or any other person acting under the direction of the Agency, for anything which is done or purported 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 or duty under this Act.


document_id: thpa-2014
provision_ref: s14
chapter: PART 3 - ADMINISTRATION
section: 14
title: Penalty for obstructing Director-General or authorised officer in his or her duty
content:
14. Any person who at any time obstructs, hinders or delays the Director‑General or any authorised officer in the performance or execution of his or her duty or of anything which the Director‑General or authorised officer is empowered or required to do by or under this Act shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: thpa-2014
provision_ref: s15
chapter: PART 4 - MISCELLANEOUS
section: 15
title: Service of documents, etc.
content:
15. —(1) Subject to subsection (3) and section 10(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 place of residence of the individual; (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 place of business of the individual; (iv) by affixing a copy of the document in a conspicuous place at the usual or last known address of the place of residence or business of the individual; or (v) by sending it by fax to the fax number used at the usual or last known address of the place of residence or business of the individual, 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; ( 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 similar 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; or (iii) by sending it by fax to the fax number used at the principal or last known place of business of the partnership in Singapore; and ( c ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, the manager of the limited liability partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or (iii) by sending it by fax to the fax number used at the registered office or principal office of the limited liability partnership or body corporate in Singapore. (2) Where any notice or other document to be served by the Agency, the Director‑General or an authorised officer is — ( a ) sent by fax to the fax number used at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be; and ( b ) sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered. (3) This section does not apply to notices, summonses and other documents to be served in proceedings in court.


document_id: thpa-2014
provision_ref: s16
chapter: PART 4 - MISCELLANEOUS
section: 16
title: Offences by bodies corporate, etc.
content:
16. —(1) Where an offence under this Act has been committed by a body corporate, an unincorporated association or a partnership, any person who at the time of the commission of the offence was an officer of the body corporate or unincorporated association, or a partner of a partnership, purporting to act in such capacity shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves, on a balance of probabilities — ( a ) that the offence was committed without the person’s consent, connivance or privity; and ( b ) that the person exercised all such diligence to prevent the commission of the offence as the person ought to have exercised, having regard to the nature of the person’s functions in that capacity and to all the circumstances. (2) In this section, “body corporate”, “officer” and “partner” have the meanings given by section 10(11).


document_id: thpa-2014
provision_ref: s17
chapter: PART 4 - MISCELLANEOUS
section: 17
title: Notice to attend court
content:
17. —(1) Where it appears to the Director‑General or any authorised officer that any person has committed an offence under this Act, the Director‑General or authorised officer may serve upon the person a notice in such form as may be prescribed requiring the person to attend at the court, at the hour and on the date specified in the notice. (2) The Director‑General or authorised officer must prepare a duplicate of the notice mentioned in subsection (1) and, if so required by a court, produce the duplicate of the notice to the court. (3) On an accused person appearing before a court pursuant to the notice, the court is to take cognizance of the offence alleged and is to proceed as though the person were produced before the court under section 153 of the Criminal Procedure Code 2010. (4) If a person, upon whom such a notice has been served, fails to appear before a court in accordance with the notice, the court must then issue a warrant for the arrest of that person. (5) Upon a person arrested pursuant to a warrant issued under subsection (4) being produced before a court, the court is to proceed as though the person were produced under section 153 of the Criminal Procedure Code 2010. [Act 31 of 2022 wef 01/11/2022]


document_id: thpa-2014
provision_ref: s19
chapter: PART 4 - MISCELLANEOUS
section: 19
title: Composition of offences
content:
19. —(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 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: thpa-2014
provision_ref: s20
chapter: PART 4 - MISCELLANEOUS
section: 20
title: Notices may be given by authorised officer
content:
20. —(1) All notices which the Director‑General is empowered to give by or under 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 any notice requires authentication, the signature or an official facsimile of the signature of the Director‑General or any authorised officer affixed to the notice is sufficient authentication.


document_id: thpa-2014
provision_ref: s21
chapter: PART 4 - MISCELLANEOUS
section: 21
title: Inaccuracies in documents
content:
21. —(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: thpa-2014
provision_ref: s22
chapter: PART 4 - MISCELLANEOUS
section: 22
title: Evidence
content:
22. The contents of any document prepared, issued or served by the Agency, the Director‑General or an authorised officer under or for the purposes of this Act are, until the contrary is proved, presumed to be correct.


document_id: thpa-2014
provision_ref: s23
chapter: PART 4 - MISCELLANEOUS
section: 23
title: Forms
content:
23. The Director‑General may design and utilise such forms as he or she may think fit for any of the purposes of this Act, and may require any person to complete any of the forms for any such purpose.


document_id: thpa-2014
provision_ref: s24
chapter: PART 4 - MISCELLANEOUS
section: 24
title: Regulations
content:
24. —(1) The Agency may, with the approval of the Minister, make regulations — ( a ) for carrying out the purposes and provisions of this Act; and ( b ) for the prescribing of anything that is required or permitted to be prescribed under this Act. (2) The Agency may, with the approval of the Minister, in making any regulations, provide — ( a ) that any contravention of, or failure or neglect to comply with any regulations shall be an offence; and ( b ) for a penalty not exceeding a fine of $10,000 for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of 10% of the maximum fine prescribed for that offence for every day or part of a day during which the offence continues after conviction. (3) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: tkwsfhtuda-2017
provision_ref: s1
section: 1
title: Short title and commencement
content:
1. This Act is The Kwong-Wai-Shiu Free Hospital (Transfer of Undertaking and Dissolution) Act 2017 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: tkwsfhtuda-2017
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “asset”, in relation to the transferor, means property of any kind of the transferor in Singapore on the eve of the transfer date (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) and includes, without limitation, any — ( a ) legal or equitable interest in real or personal property situated in Singapore; ( b ) chose in action; ( c ) money or securities; ( d ) plant or equipment situated in Singapore; ( e ) intellectual property; ( f ) infrastructure situated in Singapore; ( g ) records; and ( h ) right; “committee member” means a member of the committee mentioned in section 5 of the Kwong‑Wai‑Shiu Hospital Ordinance (Cap. 366); “liability”, in relation to the transferor, means any liability, duty or obligation of the transferor on the eve of the transfer date (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly or jointly and severally with any other person); “records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of the transferor existing on the eve of the transfer date; “right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date and, to avoid doubt, includes (without limitation) any licence, certificate or permit under any written law, and other like privilege to carry out an activity regulated by written law; “successor company” means the company limited by guarantee incorporated on 7 June 2016 under the Companies Act (Cap. 50) by the name “Kwong Wai Shiu Hospital”; “transfer date” means the date the Minister appoints, by notification in the Gazette , to be the date on which the undertaking of the transferor is transferred to the successor company under this Act; “transferor” means The Kwong‑Wai‑Shiu Free Hospital incorporated by the Kwong‑Wai‑Shiu Hospital Ordinance; “trustee” means a trustee mentioned in section 5 of the Kwong‑Wai‑Shiu Hospital Ordinance.


document_id: tkwsfhtuda-2017
provision_ref: s3
section: 3
title: Transfer of undertaking to successor company
content:
3. —(1) On the transfer date, all assets and liabilities of the transferor are transferred to the successor company. (2) When any assets or liabilities are transferred under subsection (1), the following provisions have effect: ( a ) the assets of the transferor that are the subject of the transfer vest in the successor company by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liabilities of the transferor that are the subject of the transfer become by virtue of this section the liabilities of the successor company; ( c ) all legal or other proceedings relating to those assets or liabilities that are started before the transfer date by or against the transferor and pending immediately before that date are taken to be proceedings pending by or against the successor company; ( d ) any legal or other proceedings relating to those assets or liabilities which could have been started immediately before the transfer date by or against the transferor may be started by or against the successor company; ( e ) a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor relating to those assets or liabilities may be enforced by or against the successor company; ( f ) any document relating to legal or other proceedings relating to those assets or liabilities that has been served on or by the transferor before the transfer date is taken, where appropriate, to have been served on or by the successor company; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to those assets or liabilities by, to or in respect of the transferor 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 successor company; ( h ) a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to the transferor, to the extent to which the reference relates to those assets or liabilities, is taken to be, or to include, a reference to the successor company. (3) The operation of this section does not — ( a ) constitute a breach of, or default under, an Act or other law or otherwise a civil wrong or criminal wrong; ( b ) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); ( c ) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; ( d ) terminate an agreement or fulfil any condition that allows a person to terminate any agreement or obligation, or gives rise to any right or remedy in respect of any agreement or obligation; ( e ) cause any contract or instrument to be void or otherwise unenforceable; ( f ) frustrate any contract; ( g ) release a surety or other obligor (in whole or part) from an obligation; or ( h ) constitute an event of breach of, or default under, any contract or other instrument. (4) No attornment to the successor company by a lessee from the transferor is required. (5) The Registrar of Titles and any other authority required or authorised under written law to register or record transactions affecting assets or liabilities transferred under this Act, or documents relating to such transactions, must, on the application of the successor company, lodged in registrable form, register or record in the appropriate manner the transfer to the successor company of any of the transferred assets or liabilities.


document_id: tkwsfhtuda-2017
provision_ref: s4
section: 4
title: Trustees and committee members ceasing
content:
4. —(1) On the transfer date, every trustee and every committee member stops being a trustee or a committee member, as the case may be. (2) The operation of subsection (1) in relation to any trustee or committee member does not entitle the trustee or committee member to any payment or other benefit merely because he or she stops being such a trustee or committee member.


document_id: tkwsfhtuda-2017
provision_ref: s5
section: 5
title: Transfer of records
content:
5. From the transfer date, all records of the transferor become the records of the successor company.


document_id: tkwsfhtuda-2017
provision_ref: s6
section: 6
title: Confirmation of transfers
content:
6. —(1) If any dispute arises — ( a ) as to whether an asset or a liability or record is transferred under section 3 or 5; or ( b ) as to whether any, or any part of any, contract or document relates to an asset or a liability or record transferred under section 3 or 5, the Minister may determine the matter and is to provide the concerned parties with written notice of that determination. (2) The determination of the Minister under subsection (1) is final and binding on the successor company.


document_id: tkwsfhtuda-2017
provision_ref: s7
section: 7
title: Saving for transfer of employees under Employment Act
content:
7. To avoid doubt, this Act does not affect the operation of section 18A of the Employment Act (Cap. 91).


document_id: tkwsfhtuda-2017
provision_ref: s8
section: 8
title: Dissolution of transferor and repeal
content:
8. —(1) The transferor is dissolved. (2) The Kwong‑Wai‑Shiu Hospital Ordinance (Cap. 366) is repealed.


document_id: tkwsfhtuda-2017
provision_ref: s9
section: 9
title: Saving of President’s and other rights
content:
9. Nothing in this Act affects the rights of the President, all bodies politic and corporate, and all others except such as are expressly mentioned in this Act, and those claiming by, from or under them.


document_id: tkwsfhtuda-2017
provision_ref: s10
section: 10
title: Consequential amendment to Income Tax Act
content:
10. Paragraph B of the First Schedule to the Income Tax Act (Cap. 134) is amended by deleting item 2.


document_id: tma-1998
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “business” includes a trade or profession; “business identifier” means any sign capable of being represented graphically which is used to identify any business; “certification mark” has the meaning given by section 61; “collective mark” has the meaning given by section 60; “Convention country” means — ( a ) in section 10 and paragraph 13 of the Third Schedule, a country or territory, other than Singapore, which is — (i) a party to the Paris Convention; or (ii) a member of the World Trade Organisation; and ( b ) in any other provision of this Act, a country or territory which is — (i) a party to the Paris Convention; or (ii) a member of the World Trade Organisation; “Court” means the General Division of the High Court; “dilution”, in relation to a trade mark, means the lessening of the capacity of the trade mark to identify and distinguish goods or services, regardless of whether there is — ( a ) any competition between the proprietor of the trade mark and any other party; or ( b ) any likelihood of confusion on the part of the public; “earlier trade mark” means — ( a ) a registered trade mark or an international trade mark (Singapore), the application for registration of which was made earlier than the trade mark in question, taking account (where appropriate) of the priorities claimed in respect of the trade marks; or ( b ) a trade mark which, at the date of application for registration of the trade mark in question or (where appropriate) of the priority claimed in respect of the application, was a well known trade mark, and includes a trade mark in respect of which an application for registration has been made and which, if registered, would be an earlier trade mark by virtue of paragraph ( a ) subject to its being so registered; “geographical indication” has the meaning given by section 2 of the Geographical Indications Act 2014; “International Bureau” has the meaning given by Article 2(1) of the Madrid Protocol; “international trade mark (Singapore)” means a trade mark which is entitled to protection in Singapore under the Madrid Protocol, or a trade mark prescribed by the Minister (by rules made under section 54) as an international trade mark (Singapore); “Madrid Protocol” means the Protocol relating to the Madrid Agreement concerning the International Registration of Marks, adopted at Madrid on 27 June 1989, as revised or amended from time to time; “Office” means the Intellectual Property Office of Singapore incorporated under the Intellectual Property Office of Singapore Act 2001; “Paris Convention” means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883, as revised or amended from time to time; “proprietor” means — ( a ) in relation to a registered trade mark — the person in whose name the trade mark is registered; or ( b ) in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs; “register” means the register of trade marks maintained by the Registrar under section 66; “Registrar” means the Registrar of Trade Marks mentioned in section 62 and includes any Deputy Registrar of Trade Marks mentioned in that section; “Registry” means the Registry of Trade Marks established under section 64; “repealed Act” means the Trade Marks Act (Cap. 332, 1992 Revised Edition) repealed by the Trade Marks Act 1998 (Act 46 of 1998, revised as Cap. 332, 1999 Revised Edition); “sign” includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combination thereof; “trade” includes any business or profession; “trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person; “TRIPS Agreement” means the Agreement on Trade‑Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement, as revised or amended from time to time; “well known trade mark” means — ( a ) any registered trade mark that is well known in Singapore; or ( b ) any unregistered trade mark that is well known in Singapore and that belongs to a person who — (i) is a national of a Convention country; or (ii) is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention country, whether or not that person carries on business, or has any goodwill, in Singapore; “WTO Agreement” means the World Trade Organisation Agreement signed in Marrakesh in 1994 as revised or amended from time to time. [42/2005; 16/2012; 19/2014; 40/2019] (2) References in this Act to a trade mark include any trade mark which relates to a service that is ancillary to goods or services dealt with or provided in the course of trade by a person, whether or not the service is provided for money or money’s worth. (3) References in this Act to a trade mark include, unless the context otherwise requires, a collective mark or certification mark. (4) References in this Act to use (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that description of use) otherwise than by means of a graphic representation. (5) References in this Act to registration (in particular, in the expression “registered trade mark”) are, unless the context otherwise requires, to registration in the register. (6) In this Act, a sign is taken to be applied to goods, material or any other thing if it is woven in, impressed on, worked into, or affixed or annexed to, the goods, material or thing. (7) Subject to subsection (8), in deciding, for the purposes of this Act, whether a trade mark is well known in Singapore, it is relevant to take into account any matter from which it may be inferred that the trade mark is well known, including such of the following matters as may be relevant: ( a ) the degree to which the trade mark is known to or recognised by any relevant sector of the public in Singapore; ( b ) the duration, extent and geographical area of — (i) any use of the trade mark; or (ii) any promotion of the trade mark, including any advertising of, any publicity given to, or any presentation at any fair or exhibition of, the goods or services to which the trade mark is applied; ( c ) any registration or application for the registration of the trade mark in any country or territory in which the trade mark is used or recognised, and the duration of such registration or application; ( d ) any successful enforcement of any right in the trade mark in any country or territory, and the extent to which the trade mark was recognised as well known by the competent authorities of that country or territory; ( e ) any value associated with the trade mark. (8) Where it is determined that a trade mark is well known to any relevant sector of the public in Singapore, the trade mark is deemed to be well known in Singapore. (9) In subsections (7) and (8), “relevant sector of the public in Singapore” includes any of the following: ( a ) all actual consumers and potential consumers in Singapore of the goods or services to which the trade mark is applied; ( b ) all persons in Singapore involved in the distribution of the goods or services to which the trade mark is applied; ( c ) all businesses and bodies corporate in Singapore dealing in the goods or services to which the trade mark is applied. [Act 7 of 2022 wef 26/05/2022]


document_id: tma-1998
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of infringing goods, material or articles and counterfeit goods or trade mark
content:
3. —(1) For the purposes of this Act — ( a ) “infringing goods”, “infringing material” and “infringing articles” are to be construed in accordance with subsections (2), (3) and (4), respectively; and ( b ) “counterfeit goods” and “counterfeit trade mark” are to be construed in accordance with subsections (5) and (6), respectively. (2) Goods are “infringing goods”, in relation to a registered trade mark, if they or their packaging bears a sign identical with or similar to that mark and — ( a ) the application of the sign to the goods or their packaging was an infringement of the registered trade mark; ( b ) the goods are proposed to be imported into Singapore and the application of the sign in Singapore to them or their packaging would be an infringement of the registered trade mark; or ( c ) the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark. (3) Material is “infringing material”, in relation to a registered trade mark, if it bears a sign identical with or similar to that mark and either — ( a ) it is used for labelling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trade mark; or ( b ) it is intended to be so used and such use would infringe the registered trade mark. (4) “Infringing articles”, in relation to a registered trade mark, means articles — ( a ) which are used for making copies of a sign identical with or similar to that mark; and ( b ) which a person has in the person’s possession, custody or control, knowing or having reason to believe that they have been or are to be used to produce infringing goods or material. (5) Goods are “counterfeit goods”, in relation to a registered trade mark, if — ( a ) they are infringing goods in relation to that mark; and ( b ) the sign borne by them or their packaging is a counterfeit trade mark. (6) A sign is a “counterfeit trade mark”, in relation to a registered trade mark, if the sign — ( a ) is identical with or so nearly resembling the registered trade mark as to be calculated to deceive; and ( b ) is applied to goods or services — (i) without the express or implied consent (conditional or otherwise) of the proprietor of the registered trade mark; and (ii) to falsely represent the goods or services to be the genuine goods or actual services of the proprietor or a licensee of the registered trade mark.


document_id: tma-1998
provision_ref: s4
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 4
title: Registered trade marks
content:
4. —(1) A registered trade mark is a property right obtained by the registration of the trade mark under this Act and the proprietor of a registered trade mark has the rights and remedies provided by this Act. (2) No proceedings shall lie to prevent or recover damages for the infringement of an unregistered trade mark as such; but nothing in this Act affects the law relating to passing off or rights under the Geographical Indications Act 2014. [19/2014] Application for registration of trade mark


document_id: tma-1998
provision_ref: s5
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 5
title: Application for registration
content:
5. —(1) An application for registration of a trade mark must be made in the prescribed manner to the Registrar. (2) The application must — ( a ) contain a request for the registration of a trade mark; ( b ) state the name and address of the applicant; ( c ) contain a clear representation of the trade mark; ( d ) list the goods or services in relation to which the applicant seeks to register the trade mark; and ( e ) state — (i) that the trade mark is being used in the course of trade, by the applicant or with the applicant’s consent, in relation to those goods or services; or (ii) that the applicant has a bona fide intention that the trade mark should be so used. (3) The application is subject to the payment of the application fee and such other fees as may be appropriate. (4) The date of the application for registration of the trade mark is the earliest date on which — ( a ) all the requirements under subsection (2) have been satisfied; and ( b ) all the fees payable under subsection (3) — (i) have been paid; or (ii) are treated by the Registrar as paid.


document_id: tma-1998
provision_ref: s5A
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 5A
title: Division of application for registration
content:
5A. —(1) Subject to this section and any rules made under subsection (3), an application for registration of a trade mark may, at the request of the applicant, be divided into 2 or more separate applications for registration of the trade mark. [3/2007] (2) A request under subsection (1) — ( a ) must be made to the Registrar — (i) in the prescribed manner; and (ii) before the trade mark is registered; and ( b ) is subject to the payment of such fee as may be prescribed. [3/2007] (3) The Minister may make rules for the purposes of this section and may, in those rules, provide for — ( a ) the circumstances in which an application for registration of a trade mark may be divided; ( b ) the conditions to be satisfied before a request under subsection (1) may be granted by the Registrar; and ( c ) the effect of dividing an application for registration of a trade mark into 2 or more separate applications for registration of the trade mark. [3/2007]


document_id: tma-1998
provision_ref: s6
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 6
title: Classification of goods and services
content:
6. —(1) Goods and services must be classified, for the purposes of the registration of trade marks, according to a prescribed system of classification. (2) Any question arising as to the class within which any goods or services fall is to be determined by the Registrar, whose decision is final. Grounds for refusal of registration


document_id: tma-1998
provision_ref: s7
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 7
title: Absolute grounds for refusal of registration
content:
7. —(1) The following must not be registered: ( a ) signs which do not satisfy the definition of a trade mark in section 2(1); ( b ) trade marks which are devoid of any distinctive character; ( c ) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services; and ( d ) trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade. (2) A trade mark must not be refused registration by virtue of subsection (1)( b ), ( c ) or ( d ) if, before the date of application for registration, it has in fact acquired a distinctive character as a result of the use made of it. (3) A sign must not be registered as a trade mark if it consists exclusively of — ( a ) the shape which results from the nature of the goods themselves; ( b ) the shape of goods which is necessary to obtain a technical result; or ( c ) the shape which gives substantial value to the goods. (4) A trade mark must not be registered if it is — ( a ) contrary to public policy or to morality; or ( b ) of such a nature as to deceive the public (for instance as to the nature, quality or geographical origin of the goods or service). (5) A trade mark must not be registered if or to the extent that its use is prohibited in Singapore by any written law or rule of law. (6) A trade mark must not be registered if or to the extent that the application is made in bad faith. (7) Despite subsection (2), a trade mark must not be registered if it contains or consists of a geographical indication in respect of a wine or spirit and the trade mark is used or intended to be used in relation to a wine or spirit not originating from the place indicated in the geographical indication. (8) Subsection (7) applies whether or not the trade mark has, or is accompanied by, an indication of the true geographical origin of the wine or spirit (as the case may be) or an expression such as “kind”, “type”, “style”, “imitation” or the like, and irrespective of the language the geographical indication is expressed in that trade mark. (9) A trade mark must not be refused registration by virtue of subsection (7) if the application for its registration had been made in good faith, or if it had been used continuously in good faith in the course of trade by the applicant for its registration or the applicant’s predecessor in title, either — ( a ) before 15 January 1999; or ( b ) before the geographical indication in question is protected in its country of origin. (10) A trade mark must not be refused registration by virtue of subsection (7) if the geographical indication in question — ( a ) has ceased to be protected; or ( b ) has fallen into disuse, in its country of origin. (11) Despite subsection (2), a trade mark must not be registered if — ( a ) it contains or consists of a geographical indication which is registered, or in respect of which an application for registration has been made, under the Geographical Indications Act 2014 before the date of the application for registration of the trade mark; and ( b ) the goods for which the trade mark is sought to be registered — (i) are identical or similar to the goods for which the geographical indication is registered or for which registration of the geographical indication is sought; and (ii) do not originate in the place indicated by the geographical indication. [19/2014] (12) Subsection (11) applies whether or not the trade mark has, or is accompanied by, an indication of the true geographical origin of the goods, or an expression such as “kind”, “type”, “style”, “imitation” or the like, and irrespective of the language the geographical indication is expressed in that trade mark. [19/2014] (13) A trade mark must not be refused registration by virtue of subsection (11) if the application for its registration had been made in good faith, or if it had been used continuously in good faith in the course of trade by the applicant for its registration or the applicant’s predecessor in title, either — ( a ) before the date of the application for registration of the geographical indication in question in Singapore; or ( b ) before the geographical indication in question became protected in its country of origin. [19/2014] (14) A trade mark must not be registered in the cases specified in sections 56 and 57. (15) The Minister may make rules to provide that a sign specified in the rules must not be registered as a trade mark, or must not be so registered unless such conditions as may be prescribed are met. (16) A trade mark must not be registered if or to the extent that the registration contravenes any rule made under subsection (15).


document_id: tma-1998
provision_ref: s8
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 8
title: Relative grounds for refusal of registration
content:
8. —(1) A trade mark must not be registered if it is identical with an earlier trade mark and the goods or services for which the trade mark is sought to be registered are identical with the goods or services for which the earlier trade mark is protected. (2) A trade mark must not be registered if, because — ( a ) it is identical with an earlier trade mark and is to be registered for goods or services similar to those for which the earlier trade mark is protected; or ( b ) it is similar to an earlier trade mark and is to be registered for goods or services identical with or similar to those for which the earlier trade mark is protected, there exists a likelihood of confusion on the part of the public. (3) Where an application for registration of a trade mark is made before 1 July 2004, if the trade mark — ( a ) is identical with or similar to an earlier trade mark; and ( b ) is to be registered for goods or services which are not similar to those for which the earlier trade mark is protected, the later trade mark must not be registered if — ( c ) the earlier trade mark is well known in Singapore; ( d ) use of the later trade mark in relation to the goods or services for which the later trade mark is sought to be registered would indicate a connection between those goods or services and the proprietor of the earlier trade mark; ( e ) there exists a likelihood of confusion on the part of the public because of such use; and ( f ) the interests of the proprietor of the earlier trade mark are likely to be damaged by such use. (4) Subject to subsection (5), where an application for registration of a trade mark is made on or after 1 July 2004, if the whole or an essential part of the trade mark is identical with or similar to an earlier trade mark, the later trade mark must not be registered if — ( a ) the earlier trade mark is well known in Singapore; and ( b ) use of the later trade mark in relation to the goods or services for which the later trade mark is sought to be registered — (i) would indicate a connection between those goods or services and the proprietor of the earlier trade mark, and is likely to damage the interests of the proprietor of the earlier trade mark; or (ii) if the earlier trade mark is well known to the public at large in Singapore — (A) would cause dilution in an unfair manner of the distinctive character of the earlier trade mark; or (B) would take unfair advantage of the distinctive character of the earlier trade mark. (5) A trade mark must not be refused registration by virtue of subsection (4) if the application for the registration of the trade mark was filed before the earlier trade mark became well known in Singapore, unless it is shown that the application was made in bad faith. (6) In deciding whether any such application was made in bad faith, it is relevant to consider whether the applicant had, at the time the application was made, knowledge of, or reason to know of, the earlier trade mark. (7) A trade mark must not be registered if, or to the extent that, its use in Singapore is liable to be prevented — ( a ) by virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trade mark or other sign used in the course of trade; or ( b ) by virtue of an earlier right other than those referred to in subsections (1), (2) and (3) or paragraph ( a ), in particular by virtue of the law of copyright or any law with regard to the protection of designs. (8) A person entitled under subsection (7) to prevent the use of a trade mark is referred to in this Act as the proprietor of an earlier right in relation to the trade mark. (9) The Registrar may, in his or her discretion, register a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration. (10) The Registrar may, in his or her discretion, register any trade mark mentioned in subsection (3), (4) or (7) where the proprietor of the earlier trade mark or other earlier right fails to give notice to the Registrar of opposition to the registration in accordance with section 13. (11) An earlier trade mark that is a registered trade mark whose registration has expired must continue to be taken into account in determining the registrability of the trade mark in question until the date mentioned in subsection (12), unless the Registrar is satisfied that there was no bona fide use of the firstmentioned trade mark during the 2 years immediately preceding that date. [Act 7 of 2022 wef 26/05/2022] (12) The date mentioned in subsection (11) is the last date specified in this Act or rules made under this Act on which the registration of the earlier trade mark may be restored or renewed. [Act 7 of 2022 wef 26/05/2022] (13) An earlier trade mark that is an international trade mark (Singapore), whose registration in the register of trade marks maintained by the International Bureau for the purposes of the Madrid Protocol is not renewed, must continue to be taken into account in determining the registrability of the trade mark in question until the date mentioned in subsection (14), unless the Registrar is satisfied that there was no bona fide use of the firstmentioned trade mark during the 2 years immediately preceding that date. [Act 7 of 2022 wef 26/05/2022] (14) The date mentioned in subsection (13) is the date the Registrar receives the prescribed notice of non-renewal from the International Bureau. [Act 7 of 2022 wef 26/05/2022]


document_id: tma-1998
provision_ref: s9
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 9
title: Raising of relative grounds in case of honest concurrent use
content:
9. —(1) Where, on an application for the registration of a trade mark, it appears to the Registrar — ( a ) that there is an earlier trade mark in relation to which the conditions set out in section 8(1), (2) or (3) apply; or ( b ) that there is an earlier right in relation to which the condition set out in section 8(7) is satisfied, but the applicant shows to the satisfaction of the Registrar that there has been honest concurrent use in the course of trade in Singapore of the trade mark for which registration is sought, the Registrar must not refuse the application by reason of the earlier trade mark or other earlier right unless objection on that ground is raised in opposition proceedings by the proprietor of that earlier trade mark or other earlier right. (2) Nothing in this section affects — ( a ) the refusal of registration on the grounds mentioned in section 7; or ( b ) the making of an application for a declaration of invalidity under section 23(3). Priority


document_id: tma-1998
provision_ref: s10
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 10
title: Claim to priority of Convention application
content:
10. —(1) Subject to subsection (6), where — ( a ) a person has filed an application for the registration of a trade mark in a Convention country in respect of certain goods or services; ( b ) that application is the first application for the registration of the trade mark to be filed in any Convention country in respect of those goods or services (called in this section the first Convention application); [Act 7 of 2022 wef 26/05/2022] ( c ) within 6 months after the date on which the first Convention application is filed, that person or that person’s successor in title applies under this Act for the registration of the trade mark in respect of all or any of those goods or services; and [Act 7 of 2022 wef 26/05/2022] ( d ) that person or that person’s successor in title provides to the Registrar in the manner specified by the Registrar any prescribed information within a prescribed time, and provides to the Registrar any supporting document requested by the Registrar, within the time specified by the Registrar, that person or that person’s successor in title may, when filing the application under this Act, claim a right of priority for the registration of the trade mark in respect of all or any of the goods or services for which registration was sought in the first Convention application. [Act 7 of 2022 wef 26/05/2022] (2) Where any person claims the right of priority mentioned in subsection (1), the person has priority from (and including) the date on which the first Convention application was filed. (3) Where the right of priority mentioned in subsection (1) is claimed in respect of a trade mark, the registrability of the trade mark is not affected by any use of the trade mark in Singapore in the period between — ( a ) the date the first Convention application was filed; and ( b ) the date the application under this Act was filed. (4) Any filing which in a Convention country is equivalent to a regular national filing, under its domestic legislation or an international agreement, is to be treated as giving rise to the right of priority. (5) In subsection (4), “regular national filing” means a filing which is adequate to establish the date on which the application was filed in the Convention country, whatever may be the subsequent fate of the application. (6) Where a subsequent application concerning the same subject as an earlier application is filed, whether in the same or a different Convention country, and these are the first 2 applications concerning that subject to be filed in any Convention country, the subsequent application is to be considered the first Convention application if, at the date the subsequent application is filed — ( a ) the earlier application has been withdrawn, abandoned or refused, without having been laid open to public inspection and without leaving any rights outstanding; and ( b ) the earlier application has not yet served as a basis for claiming a right of priority. (7) To avoid doubt, where subsection (6) applies — ( a ) the date on which the subsequent application was filed, rather than that of the earlier application, is to be considered the starting date of the period of priority under subsection (2); and ( b ) the earlier application may not thereafter serve as a basis for claiming a right of priority. (8) The Minister may make rules as to the manner of claiming priority under this section. (9) A right of priority arising under this section may be assigned or otherwise transmitted, either with the application or independently, and the reference in subsection (1) to the applicant’s “successor in title” is to be construed accordingly.


document_id: tma-1998
provision_ref: s11
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 11
title: Claim to priority from other relevant overseas application
content:
11. —(1) The Minister may, by order, confer on a person who has filed an application for the registration of a trade mark in a country or territory to which the Government has entered into a treaty, convention, arrangement or engagement for the reciprocal protection of trade marks, a right to priority, for the purpose of registering the same trade mark under this Act for some or all of the same goods or services, for a specified period from the date of filing of that application. (2) An order under this section may make provision corresponding to that set out in section 10 or such other provision as appears to the Minister to be appropriate. Registration procedure


document_id: tma-1998
provision_ref: s12
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 12
title: Examination of application
content:
12. —(1) The Registrar must examine whether an application for registration of a trade mark satisfies the requirements of this Act (including any requirements imposed by rules made under this Act). (2) For the purpose of subsection (1), the Registrar may carry out a search, to such extent as the Registrar considers necessary, of earlier trade marks. (3) If it appears to the Registrar that the requirements for registration are not met or that additional information or evidence is required to meet those requirements, the Registrar must inform the applicant and give the applicant an opportunity, within such period as may be prescribed, to make representations, to amend the application or to provide the additional or any other information or evidence. [42/2005] (4) If the applicant responds within the period mentioned in this subsection or subsection (3) but fails to satisfy the Registrar that those requirements are met, or to amend the application or provide the additional information or evidence so as to meet them, the Registrar may — ( a ) refuse to accept the application; ( b ) accept the application but only in relation to the goods or services for which — (i) registration is sought; and (ii) the requirements for registration have been met; or ( c ) give the applicant another opportunity within a prescribed period to make representations, to amend the application or to provide the additional information or evidence. [Act 7 of 2022 wef 26/05/2022] (5) If the applicant fails to respond within the period mentioned in subsection (3) or (4)( c ), the application, or the application insofar as it relates to those goods or services for which registration is sought but the requirements for registration have not been met, is treated as withdrawn, but the Registrar must accept the application in relation to those goods and services for which registration is sought and the requirements for registration have been met. [Act 7 of 2022 wef 26/05/2022] (6) If it appears to the Registrar that the requirements for registration in relation to all of the goods or services for which registration is sought are met, the Registrar must accept the application. [Act 7 of 2022 wef 26/05/2022]


document_id: tma-1998
provision_ref: s13
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 13
title: Publication and opposition proceedings
content:
13. —(1) When an application for registration has been accepted, the Registrar must cause the application to be published in the prescribed manner. (2) Any person may, within the prescribed time from the date of the publication of the application, give notice to the Registrar of the person’s opposition to the registration. (3) The notice must be given in writing in the prescribed manner, and must include a statement of the grounds of opposition and such other matter as may be prescribed. (4) The Minister may make rules to provide for opposition proceedings and for matters relating thereto. (5) In this section and sections 15, 16 and 17, a reference to an application for the registration of a trade mark that has been accepted includes an application that is accepted under section 12(4) or (5) in relation to only some of the goods or services for which the registration is sought. [Act 7 of 2022 wef 26/05/2022]


document_id: tma-1998
provision_ref: s14
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 14
title: Withdrawal, restriction or amendment of application
content:
14. —(1) The applicant may at any time withdraw the applicant’s application or restrict the goods or services covered by the application. (2) If the application has been published, the withdrawal or restriction must also be published. (3) In other respects, an application may be amended, at the request of the applicant, only by amending — ( a ) the name or other particular of the applicant; [Act 7 of 2022 wef 26/05/2022] ( b ) errors of wording or of copying; or ( c ) obvious mistakes, and then only where the amendment does not substantially affect the identity of the trade mark or extend the goods or services covered by the application. [Act 7 of 2022 wef 26/05/2022] (4) Subsection (3) is subject to the rules mentioned in section 108(2)( ea ). [Act 7 of 2022 wef 26/05/2022]


document_id: tma-1998
provision_ref: s15
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 15
title: Registration
content:
15. —(1) Where an application has been accepted and — ( a ) no notice of opposition is given within the period referred to in section 13(2); or ( b ) all opposition proceedings are withdrawn or decided in favour of the applicant, the Registrar must register the trade mark in relation to the goods or services for which the application has been accepted. [Act 7 of 2022 wef 26/05/2022] (2) A trade mark when registered is registered as of the date of the application for registration, and that date is deemed for the purposes of this Act to be the date of registration. (3) On the registration of a trade mark, the Registrar must issue to the applicant a certificate of registration.


document_id: tma-1998
provision_ref: s16
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 16
title: Revocation of acceptance
content:
16. —(1) Despite section 15(1), if, before a trade mark is registered, the Registrar is satisfied — ( a ) that the application for registration of the trade mark was accepted because of an error or omission in the course of the examination; or ( b ) that, in the special circumstances of the case, the trade mark should not be registered, the Registrar may revoke the acceptance of the application. (2) If the Registrar revokes the acceptance — ( a ) the application is taken to have never been accepted; and ( b ) section 12 again applies in relation to the application. Series of trade marks


document_id: tma-1998
provision_ref: s17
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 17
title: Registration of series of trade marks
content:
17. —(1) A person may make a single application under section 5 for the registration of a series of trade marks. [3/2007] (2) For the purposes of this Act, “series of trade marks” means a number of trade marks which resemble each other as to their material particulars and which differ only as to matters of a non‑distinctive character not substantially affecting the identity of the trade mark. (3) If the Registrar is satisfied that the trade marks in question are a series of trade marks and accepts the application, and the Registrar is required under section 15 to register the trade marks, the Registrar must register them as a series in one registration. [Act 7 of 2022 wef 26/05/2022] Duration, renewal and alteration of registered trade mark


document_id: tma-1998
provision_ref: s18
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 18
title: Duration of registration
content:
18. —(1) A trade mark is registered for a period of 10 years from the date of registration. (2) Registration may be renewed in accordance with section 19 for further periods of 10 years.


document_id: tma-1998
provision_ref: s19
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 19
title: Renewal of registration
content:
19. —(1) The registration of a trade mark may be renewed at the request of the proprietor, subject to payment of the fee mentioned in subsection (4) or the fees mentioned in subsection (5), as the case may be. (2) The Minister may make rules for the Registrar to inform the proprietor of a registered trade mark, before the expiry of the registration, of the date of expiry and the manner in which the registration may be renewed. (3) A request for renewal must be made not earlier than the prescribed period before the date of expiry of the registration, and not later than another prescribed period after that date. [Act 7 of 2022 wef 26/05/2022] (4) Where the request for renewal is made on or before the date of expiry of the registration, the fee payable is the prescribed renewal fee. (5) Where the request for renewal is made within the second-mentioned prescribed period in subsection (3) after the date of expiry of the registration, the fees payable are the prescribed renewal fee and the prescribed late renewal fee. [Act 7 of 2022 wef 26/05/2022] (6) Renewal takes effect from the expiry of the previous registration. (7) If the registration is not renewed in accordance with this section and the rules mentioned in subsection (2), the Registrar must remove the trade mark from the register. (8) The Minister may make rules to provide for the restoration of the registration of a trade mark which has been removed from the register, subject to such conditions (if any) as may be prescribed.


document_id: tma-1998
provision_ref: s20
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 20
title: Alteration of registered trade mark
content:
20. —(1) Subject to subsection (2), a registered trade mark must not be altered in the register, either during the period of registration or on renewal. (2) The Registrar may, at the request of the proprietor, allow the alteration of a registered trade mark where the mark includes the proprietor’s name or address and the alteration is limited to alteration of that name or address and does not substantially affect the identity of the mark. (3) The Minister may make rules for the publication of any such alteration and the making of objections by any person claiming to be affected by it. Cancellation, revocation and invalidity


document_id: tma-1998
provision_ref: s21
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 21
title: Cancellation of registered trade mark
content:
21. —(1) A registered trade mark may be cancelled by the proprietor in respect of some or all of the goods or services for which it is registered. (2) The Minister may make rules — ( a ) to provide for the manner and effect of a cancellation; and ( b ) for protecting the interests of other persons having a right in the registered trade mark.


document_id: tma-1998
provision_ref: s22
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 22
title: Revocation of registration
content:
22. —(1) The registration of a trade mark may be revoked on any of the following grounds: ( a ) that, within the period of 5 years following the date of completion of the registration procedure, it has not been put to genuine use in the course of trade in Singapore, by the proprietor or with the proprietor’s consent, in relation to the goods or services for which it is registered, and there are no proper reasons for non‑use; ( b ) that such use has been suspended for an uninterrupted period of 5 years, and there are no proper reasons for non‑use; ( c ) that, in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for the product or service for which it is registered; ( d ) that, in consequence of the use made of it by the proprietor or with the proprietor’s consent in relation to the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services. (2) For the purposes of subsection (1), use of a trade mark includes use in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, and use in Singapore includes applying the trade mark to goods or to materials for the labelling or packaging of goods in Singapore solely for export purposes. (3) The registration of a trade mark must not be revoked on the ground mentioned in paragraph ( a ) or ( b ) of subsection (1) if such use as is referred to in that paragraph is commenced or resumed after the expiry of the 5 year period and before the application for revocation is made. (4) Any commencement or resumption of use referred to in subsection (3) after the expiry of the 5 year period but within the period of 3 months before the making of the application for revocation must be disregarded unless preparations for the commencement or resumption began before the proprietor became aware that the application might be made. (5) An application for revocation may be made by any person, and may be made either to the Registrar or to the Court, except that — ( a ) if proceedings concerning the trade mark in question are pending in the Court — the application must be made to the Court; and ( b ) if in any other case the application is made to the Registrar — the Registrar may at any stage of the proceedings refer the application to the Court. (6) Where grounds for revocation exist in respect of only some of the goods or services for which the trade mark is registered, revocation must relate to those goods or services only. (7) Where the registration of a trade mark is revoked to any extent, the rights of the proprietor are deemed to have ceased to that extent as from — ( a ) the date of the application for revocation; or ( b ) if the Registrar or the Court is satisfied that the grounds for revocation existed at an earlier date, that date.


document_id: tma-1998
provision_ref: s23
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 23
title: Grounds for invalidity of registration
content:
23. —(1) The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 7. (2) Where the registered trade mark was registered in breach of section 7 in that it is a trade mark mentioned in subsection (1)( b ), ( c ) or ( d ) of that section, it must not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered. (3) The registration of a trade mark may be declared invalid on the ground — ( a ) that there is an earlier trade mark in relation to which — (i) the conditions set out in section 8(1) or (2) apply; (ii) where the trade mark has been registered pursuant to an application for registration of the trade mark made before 1 July 2004 — the conditions set out in section 8(3) apply; or (iii) where the trade mark has been registered pursuant to an application for registration of the trade mark made on or after 1 July 2004 — the conditions set out in section 8(4) apply; or ( b ) that there is an earlier right in relation to which the condition set out in section 8(7) is satisfied, unless the proprietor of that earlier trade mark or other earlier right has consented to the registration. (4) The registration of a trade mark may be declared invalid on the ground of fraud in the registration or that the registration was obtained by misrepresentation. (5) An application for a declaration of invalidity may be made by any person, and may be made either to the Registrar or to the Court, except that — ( a ) if proceedings concerning the trade mark in question are pending in the Court — the application must be made to the Court; and ( b ) if in any other case the application is made to the Registrar — the Registrar may at any stage of the proceedings refer the application to the Court. (6) An application for a declaration of invalidity of the registration of a trade mark on the ground that it was in breach of section 7(7) must not be made after the expiry of 5 years from — ( a ) the date of completion of the registration procedure; or ( b ) the date on which use of the trade mark by the person who applied for its registration or the person’s predecessor in title has become generally known in Singapore, whichever is the earlier, unless the applicant shows that the registration of the trade mark was applied for in bad faith. (7) An application for a declaration of invalidity of the registration of a trade mark on the ground that there is an earlier trade mark in relation to which the conditions set out in section 8(3) or (4) apply — ( a ) must not be made after the expiry of 5 years from 1 July 2004 or the date of completion of the registration procedure, whichever is the later, unless the applicant for the declaration shows that — (i) the registration of the later trade mark was applied for in bad faith; or (ii) the later trade mark was never used; and ( b ) must not be granted if the registration of the later trade mark was applied for before the earlier trade mark became well known in Singapore, unless the applicant for the declaration shows that the registration of the later trade mark was applied for in bad faith. (8) In deciding whether the registration of the later trade mark was applied for in bad faith, it is relevant to consider whether the applicant for the registration of the later trade mark had, at the time the applicant’s application was made, knowledge of, or reason to know of, the earlier trade mark. (9) Where the ground of invalidity exists in respect of only some of the goods or services for which the trade mark is registered, the trade mark must be declared invalid as regards those goods or services only. (10) Where the registration of a trade mark is declared invalid to any extent, the registration is to that extent deemed never to have been made, but this does not affect transactions past and closed.


document_id: tma-1998
provision_ref: s24
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 24
title: Effect of acquiescence
content:
24. —(1) Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of 5 years in the use in the course of trade of a registered trade mark in Singapore, being aware of that use, there ceases to be any entitlement on the basis of that earlier trade mark or other right — ( a ) to apply for a declaration that the registration of the later trade mark is invalid; or ( b ) to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used, unless the registration of the later trade mark was applied for in bad faith. (2) Where subsection (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark or (as the case may be) the exploitation of the earlier right, even though the earlier trade mark or right may no longer be invoked against the proprietor’s later trade mark. (3) For the purposes of subsection (1), in deciding whether the registration of the later trade mark was applied for in bad faith, it is relevant to consider whether the applicant for the registration of the later trade mark had, at the time the applicant’s application was made, knowledge of, or reason to know of, the earlier trade mark or other right. Miscellaneous


document_id: tma-1998
provision_ref: s25
chapter: PART 2 - REGISTRATION OF TRADE MARKS
section: 25
title: Amendment of other documents
content:
25. —(1) The Registrar may, at the written request of the person who has made an application (other than an application for the registration of a trade mark), or filed a notice or other document for the purposes of this Act, or at the written request of the person’s agent, amend the application, notice or document — ( a ) to correct a clerical error or an obvious mistake; or ( b ) if the Registrar is of the opinion that it is fair and reasonable in all the circumstances of the case to do so. [Act 7 of 2022 wef 26/05/2022] (2) Subsection (1) is subject to the rules mentioned in section 108(2)( ea ). [Act 7 of 2022 wef 26/05/2022]


document_id: tma-1998
provision_ref: s26
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 26
title: Rights conferred by registered trade mark
content:
26. —(1) The proprietor of a registered trade mark has the exclusive rights — ( a ) to use the trade mark; and ( b ) to authorise other persons to use the trade mark, in relation to the goods or services for which the trade mark is registered. (2) The proprietor has the right to obtain relief under this Act for infringement of the proprietor’s trade mark. (3) The acts amounting to infringement of a registered trade mark are set out in section 27, and references in this Act to the infringement of a registered trade mark are to be construed accordingly. (4) The rights accrue to the proprietor as from the date of registration of the trade mark, except that — ( a ) no infringement proceedings may be begun before the date on which the trade mark is in fact registered; and ( b ) no offence under section 46, 47, 48 or 49 is committed by anything done before the date on which the trade mark is in fact registered. (5) If the trade mark is registered subject to any disclaimer or limitation, the rights of the proprietor are restricted by the disclaimer or limitation.


document_id: tma-1998
provision_ref: s27
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 27
title: Acts amounting to infringement of registered trade mark
content:
27. —(1) A person infringes a registered trade mark if, without the consent of the proprietor of the trade mark, the person uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered. (2) A person infringes a registered trade mark if, without the consent of the proprietor of the trade mark, the person uses in the course of trade a sign where because — ( a ) the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered; or ( b ) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public. (3) A person infringes a registered trade mark which is well known in Singapore if — ( a ) without the consent of the proprietor of the trade mark, the person uses in the course of trade a sign which is identical with or similar to the trade mark in relation to goods or services which are not similar to those for which the trade mark is registered; ( b ) the use of the trade mark in relation to those goods or services would indicate a connection between those goods or services and the proprietor; ( c ) there exists a likelihood of confusion on the part of the public because of such use; and ( d ) the interests of the proprietor are likely to be damaged by such use. (4) For the purposes of this section and sections 28, 29 and 31, a person uses a sign if, in particular, the person — ( a ) applies it to goods or the packaging thereof; ( b ) offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign; ( c ) imports or exports goods under the sign; ( d ) uses the sign on an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document, including any such document in any medium; or ( e ) uses the sign in advertising. (5) Despite subsection (4), a person who — ( a ) applies a sign to any material used or intended to be used for labelling or packaging goods; or ( b ) uses a sign on any document described in subsection (4)( d ) or in advertising, is deemed not to use the sign if, at the time of such application or use, the person does not know nor have reason to believe that the proprietor or a licensee of the registered trade mark did not consent to such application or use of the sign.


document_id: tma-1998
provision_ref: s28
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 28
title: Acts not amounting to infringement
content:
28. —(1) Despite section 27, a person does not infringe a registered trade mark when — ( a ) the person uses — (i) the person’s name or the name of the person’s place of business; or (ii) the name of the person’s predecessor in business or the name of the person’s predecessor’s place of business; ( b ) the person uses a sign to indicate — (i) the kind, quality, quantity, intended purpose, value, geographical origin or other characteristic of goods or services; or (ii) the time of production of goods or of the rendering of services; or ( c ) the person uses the trade mark to indicate the intended purpose of goods (in particular as accessories or spare parts) or services, and such use is in accordance with honest practices in industrial or commercial matters. (2) Despite section 27, a person does not infringe a registered trade mark by using an unregistered trade mark that is identical with or similar to the registered trade mark in relation to goods or services identical with or similar to those for which the trade mark is registered if the person, or the person and the person’s predecessor in title, have continuously used in the course of trade the unregistered trade mark in relation to those goods or services from a time before — ( a ) the date of registration of the registered trade mark; or ( b ) the date the proprietor of the registered trade mark, or a predecessor in title, or a person who was a registered user of the trade mark under the repealed Act, first used the trade mark, whichever is the earlier. (3) Despite section 27, a registered trade mark is not infringed by the use of another registered trade mark in relation to goods or services for which the latter is registered. (4) Despite section 27, a person who uses a registered trade mark does not infringe the trade mark if such use — ( a ) constitutes fair use in comparative commercial advertising or promotion; ( b ) is for a non-commercial purpose; or ( c ) is for the purpose of news reporting or news commentary.


document_id: tma-1998
provision_ref: s29
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 29
title: Exhaustion of rights conferred by registered trade mark
content:
29. —(1) Despite section 27, a registered trade mark is not infringed by the use of the trade mark in relation to goods which have been put on the market, whether in Singapore or outside Singapore, under that trade mark by the proprietor of the registered trade mark or with the proprietor’s express or implied consent (conditional or otherwise). (2) Subsection (1) does not apply where — ( a ) the condition of the goods has been changed or impaired after they have been put on the market; and ( b ) the use of the registered trade mark in relation to those goods has caused dilution in an unfair manner of the distinctive character of the registered trade mark.


document_id: tma-1998
provision_ref: s30
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 30
title: Registration subject to disclaimer or limitation
content:
30. —(1) An applicant for registration of a trade mark, or the proprietor of a registered trade mark, may — ( a ) disclaim any right to the exclusive use of any specified element of the trade mark; or ( b ) agree that the rights conferred by the registration are subject to a specified territorial or other limitation. (2) Where the registration of a trade mark is subject to a disclaimer or limitation, the rights conferred by section 26 are restricted accordingly. (3) The Minister may make rules as to the publication and entry in the register of a disclaimer or limitation. Infringement proceedings


document_id: tma-1998
provision_ref: s31
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 31
title: Action for infringement
content:
31. —(1) An infringement of a registered trade mark is actionable by the proprietor of the trade mark. (2) Subject to the provisions of this Act, in an action for an infringement, the types of relief that the Court may grant include the following: ( a ) an injunction (subject to such terms (if any) as the Court thinks fit); ( b ) damages; ( c ) an account of profits; ( d ) in any case to which subsection (5) applies, statutory damages under subsection (5)( c ). (3) When the Court awards any damages under subsection (2)( b ), the Court may also make an order under subsection (2)( c ) for an account of any profits attributable to the infringement that have not been taken into account in computing the damages. (4) Except as provided for in subsection (3), the types of relief referred to in paragraphs ( b ), ( c ) and ( d ) of subsection (2) are mutually exclusive. (5) In any action for infringement of a registered trade mark where the infringement involves the use of a counterfeit trade mark in relation to goods or services, the claimant is entitled, at the claimant’s election, to — ( a ) damages and an account of any profits attributable to the infringement that have not been taken into account in computing the damages; ( b ) an account of profits; or ( c ) statutory damages — (i) not exceeding $100,000 for each type of goods or service in relation to which the counterfeit trade mark has been used; and (ii) not exceeding in the aggregate $1 million, unless the claimant proves that the claimant’s actual loss from such infringement exceeds $1 million. [Act 31 of 2022 wef 01/11/2022] [Act 25 of 2021 wef 01/04/2022] (6) In awarding statutory damages under subsection (5)( c ), the Court is to have regard to — ( a ) the flagrancy of the infringement of the registered trade mark; ( b ) any loss that the claimant has suffered or is likely to suffer by reason of the infringement; [Act 25 of 2021 wef 01/04/2022] ( c ) any benefit shown to have accrued to the defendant by reason of the infringement; ( d ) the need to deter other similar instances of infringement; and ( e ) all other relevant matters.


document_id: tma-1998
provision_ref: s32
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 32
title: Order for erasure, etc., of offending sign
content:
32. —(1) Subject to subsection (3), where a person is found to have infringed a registered trade mark, the Court may make an order requiring the person — ( a ) to cause the offending sign to be erased, removed or obliterated from any infringing goods, material or articles in the person’s possession, custody or control; or ( b ) if it is not reasonably practicable for the offending sign to be erased, removed or obliterated, to secure the destruction of the infringing goods, material or articles in question. (2) If an order under subsection (1) is not complied with, or it appears to the Court likely that such an order would not be complied with, the Court may order that the infringing goods, material or articles be delivered up to such person as the Court may direct for erasure, removal or obliteration of the sign, or for destruction, as the case may be. (3) Where a person who is found to have infringed a registered trade mark has in the person’s possession, custody or control any counterfeit goods, the Court is to order that the counterfeit goods be delivered up to such person as the Court may direct for destruction if — ( a ) the claimant applies to the Court for such an order; and [Act 25 of 2021 wef 01/04/2022] ( b ) the Court is of the view that there are no exceptional circumstances which justify the refusal of such an order.


document_id: tma-1998
provision_ref: s33
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 33
title: Order for delivery up of infringing goods, material or articles
content:
33. —(1) The Court may, in addition to any relief granted under sections 31 and 32 in any action for an infringement of a registered trade mark, order any infringing goods, material or articles in the possession of the defendant or before the Court to be delivered up to the claimant. [Act 25 of 2021 wef 01/04/2022] (2) An order is not to be made under this section unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 34. (3) A person to whom any infringing goods, material or articles are delivered up pursuant to an order under this section must, if an order under section 34 is not made, retain them pending the making of an order, or the decision not to make an order, under that section.


document_id: tma-1998
provision_ref: s34
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 34
title: Order as to disposal of infringing goods, material or articles
content:
34. —(1) Where infringing goods, material or articles have been delivered up pursuant to an order under section 33, an application may be made to the Court — ( a ) for an order that they be destroyed or forfeited to such person as the Court may think fit; or ( b ) for a decision that no such order should be made. (2) In considering what order (if any) should be made, the Court is to have regard to — ( a ) whether other remedies available in an action for infringement of the registered trade mark would be adequate to compensate the claimant and protect the interest of the claimant; and [Act 25 of 2021 wef 01/04/2022] ( b ) the need to ensure that no infringing goods, material or articles are disposed of in a manner that would adversely affect the claimant. [Act 25 of 2021 wef 01/04/2022] (3) Despite subsection (2), where the infringing goods are counterfeit goods, the Court is to order that the goods be destroyed if — ( a ) the claimant applies to the Court for such an order; and [Act 25 of 2021 wef 01/04/2022] ( b ) the Court is of the view that there are no exceptional circumstances which justify the refusal of such an order. (4) The Court is to issue directions as to the service of notice on persons having an interest in the goods, material or articles. (5) Any person having an interest in the goods, material or articles is entitled — ( a ) to appear in proceedings for an order under this section, whether or not that person is served with notice; and ( b ) to appeal against any order made, whether or not that person appears in the proceedings. (6) An order made under this section does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (7) Subject to subsection (3), where there is more than one person interested in the goods, material or articles, the Court may direct that the goods, material or articles be sold, or otherwise dealt with, and the proceeds divided, and is to make any other order as it thinks just. (8) If the Court decides that no order should be made under this section, the person in whose possession, custody or control the goods, material or articles were before being delivered up, is entitled to their return.


document_id: tma-1998
provision_ref: s35
chapter: PART 3 - RIGHTS AND REMEDIES OF PROPRIETOR OF
section: 35
title: Remedy for groundless threats of infringement proceedings
content:
35. —(1) Where a person threatens another with proceedings for infringement of a registered trade mark other than — ( a ) the application of the mark to goods or to material used or intended to be used for labelling or packaging goods; ( b ) the importation of goods to which, or to the packaging of which, the mark has been applied; or ( c ) the supply of services under the mark, any aggrieved person may bring proceedings for relief under this section. (2) The relief which may be applied for is any of the following: ( a ) a declaration that the threats are unjustifiable; ( b ) an injunction against the continuance of the threats; ( c ) damages in respect of any loss the person has sustained by the threats. (3) The claimant is entitled to the relief mentioned in subsection (2) unless the defendant shows that the acts in respect of which proceedings were threatened constitute (or if done would constitute) an infringement of the registered trade mark concerned. [Act 25 of 2021 wef 01/04/2022] (4) If the defendant showed that the acts in respect of which proceedings were threatened constitute (or if done would constitute) an infringement of the registered trade mark concerned, the claimant is nevertheless entitled to relief if the claimant shows that the registration of the trade mark is invalid or liable to be revoked in a relevant respect. [Act 25 of 2021 wef 01/04/2022] (5) The mere notification that a trade mark is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purposes of this section. (6) Nothing in this section renders an advocate and solicitor liable to an action under this section in respect of an act done by him or her in his or her professional capacity on behalf of a client.


document_id: tma-1998
provision_ref: s37
chapter: PART 4 - REGISTERED TRADE MARK AS OBJECT OF PROPERTY
section: 37
title: Co-ownership of registered trade mark
content:
37. —(1) Where a registered trade mark is granted to 2 or more persons jointly, each of them is entitled, subject to any agreement to the contrary, to an equal undivided share in the registered trade mark. (2) Subsections (3) to (8) apply where 2 or more persons are co‑proprietors of a registered trade mark, by virtue of subsection (1) or otherwise. (3) Subject to any agreement to the contrary, each co-proprietor is entitled, by himself, herself or itself or the co‑proprietor’s agents, to do for the co‑proprietor’s own benefit and without the consent of or the need to account to the other or others, any act which would otherwise amount to an infringement of the registered trade mark. (4) One co-proprietor may not, without the consent of the other or others — ( a ) grant a licence to use the registered trade mark; or ( b ) assign or charge that co‑proprietor’s share in the registered trade mark. (5) Infringement proceedings may be brought by any co‑proprietor, but the co‑proprietor may not, without the permission of the Court, proceed with the action unless the other, or each of the others, is either joined as a claimant or added as a defendant. [Act 25 of 2021 wef 01/04/2022] (6) A co-proprietor who is added as a defendant under subsection (5) is not to be made liable for any costs in the action unless that co‑proprietor takes part in the proceedings. (7) Nothing in subsection (5) affects the granting of interlocutory relief on the application of a single co‑proprietor. (8) Nothing in this section affects the mutual rights and obligations of trustees or personal representatives, or their rights and obligations as such.


document_id: tma-1998
provision_ref: s38
chapter: PART 4 - REGISTERED TRADE MARK AS OBJECT OF PROPERTY
section: 38
title: Assignment, etc., of registered trade mark
content:
38. —(1) A registered trade mark is assignable and transmissible in the same way as other personal or movable property, and is so assignable or transmissible either in connection with the goodwill of a business or independently. (2) An assignment or transmission of a registered trade mark may be partial, that is, limited so as to apply in relation to some but not all of the goods or services for which the trade mark is registered. (3) An assignment of a registered trade mark, or an assent relating to a registered trade mark, is not effective unless it is in writing signed by or on behalf of the assignor or (as the case may be) a personal representative. (4) Subsection (3) may be satisfied in a case where the assignor or personal representative is a body corporate by the affixing of its seal. (5) Subsections (1) to (4) apply to assignment by way of security as they apply to any other assignment. (6) A registered trade mark may be the subject of a charge in the same way as other personal or movable property. (7) Nothing in this Act is to be construed as affecting the assignment or transmission of an unregistered trade mark as part of the goodwill of a business.


document_id: tma-1998
provision_ref: s39
chapter: PART 4 - REGISTERED TRADE MARK AS OBJECT OF PROPERTY
section: 39
title: Registration of transactions affecting registered trade mark
content:
39. —(1) On application being made to the Registrar by — ( a ) a person claiming to be entitled to an interest in or under a registered trade mark by virtue of a registrable transaction; or ( b ) any other person claiming to be affected by such a transaction, the prescribed particulars of the transaction must be entered in the register. (2) The following are registrable transactions under subsection (1): ( a ) an assignment of a registered trade mark or any right in it; ( b ) the grant of a licence under a registered trade mark; ( c ) the granting of any security interest (whether fixed or floating) over a registered trade mark or any right in or under it; ( d ) the making by personal representatives of an assent in relation to a registered trade mark or any right in or under it; ( e ) an order of the Court or other competent authority transferring a registered trade mark or any right in or under it. (3) Until an application has been made for the registration of the prescribed particulars of a registrable transaction mentioned in subsection (2)( a ), ( c ), ( d ) or ( e ), the transaction is ineffective as against a person acquiring a conflicting interest in or under the registered trade mark in ignorance of the transaction. (4) A person who becomes the proprietor of a registered trade mark by virtue of any registrable transaction mentioned in subsection (2)( a ), ( c ), ( d ) or ( e ) is not entitled to damages, an account of profits or statutory damages under section 31(5)( c ) in respect of any infringement of the registered trade mark occurring after the date of the transaction and before the date of the application for the registration of the prescribed particulars of the transaction. (5) To avoid doubt, subsections (3) and (4) do not apply to any registrable transaction relating to — ( a ) a licence under a registered trade mark; or ( b ) any right in or under the licence. (6) Provision may be made by rules as to — ( a ) the amendment of registered particulars relating to a licence so as to reflect any alteration of the terms of the licence; and ( b ) the removal of such particulars from the register — (i) where it appears from the registered particulars that the licence was granted for a fixed period and that period has expired; or (ii) where no such period is indicated and, after such period as may be prescribed, the Registrar has notified the parties of his or her intention to remove the particulars from the register. (7) Provision may also be made by rules as to the amendment of or removal from the register of particulars relating to a security interest on the application of, or with the consent of, the person entitled to the benefit of that interest.


document_id: tma-1998
provision_ref: s40
chapter: PART 4 - REGISTERED TRADE MARK AS OBJECT OF PROPERTY
section: 40
title: Trusts and equities
content:
40. —(1) No notice of any implied or constructive trust is to be entered in the register, and the Registrar is not to be affected by any such notice. [4/2014] (2) A notice of an express trust or of the beneficiary of an express trust, or both, may be entered in the register; but — ( a ) the Registrar is not to be affected by any such notice in the register; and ( b ) to avoid doubt, a failure to enter such notice in the register does not affect any rights or duties under the trust. [4/2014] (3) Subject to the provisions of this Act, equities in respect of a registered trade mark may be enforced in like manner as in respect of other personal or movable property.


document_id: tma-1998
provision_ref: s41
chapter: PART 4 - REGISTERED TRADE MARK AS OBJECT OF PROPERTY
section: 41
title: Application for registration of trade mark as object of property
content:
41. —(1) The provisions of sections 36, 37, 38 and 40 apply, with the necessary modifications, in relation to an application for the registration of a trade mark as they apply in relation to a registered trade mark. (2) For the purposes of subsection (1), the reference in section 37(1) to the granting of a registration is to be construed as a reference to the making of an application for the registration of a trade mark. (3) Any person claiming to be — ( a ) entitled to an interest in or under an application for registration of a trade mark by virtue of a registrable transaction; or ( b ) affected by a registrable transaction, may give to the Registrar notice of the prescribed particulars of the transaction. [3/2007] (4) The following are registrable transactions under subsection (3): ( a ) an assignment of an application for registration of a trade mark or any right in it; ( b ) the grant of a licence under an application for registration of a trade mark; ( c ) the granting of any security interest (whether fixed or floating) over an application for registration of a trade mark or any right in or under it; ( d ) the making by personal representatives of an assent in relation to an application for registration of a trade mark or any right in or under it; ( e ) an order of the Court or other competent authority transferring an application for registration of a trade mark or any right in or under it. [3/2007] (5) The Registrar must maintain a record of each notice given to the Registrar under subsection (3). [3/2007] (6) Until the notice mentioned in subsection (3) has been given to the Registrar in respect of a transaction mentioned in subsection (4)( a ), ( c ), ( d ) or ( e ), the transaction is ineffective as against a person acquiring a conflicting interest in or under the application for registration of a trade mark in ignorance of the transaction. [3/2007] (7) To avoid doubt, subsection (6) does not apply to any registrable transaction relating to — ( a ) a licence under an application for registration of a trade mark; or ( b ) any right in or under the licence. [3/2007] (8) Provision may be made by rules as to — ( a ) the amendment of the record maintained by the Registrar relating to the particulars of a grant of a licence under an application for registration of a trade mark, notice of which has been given to the Registrar under subsection (3), so as to reflect any alteration of the terms of the licence; and ( b ) the removal from the records maintained by the Registrar of the particulars of a grant of a licence under an application for registration of a trade mark, notice of which has been given to the Registrar under subsection (3) — (i) where it appears from the particulars that the licence was granted for a fixed period and that period has expired; or (ii) where no such period is indicated and, after such period as may be prescribed, the Registrar has notified the parties of his or her intention to remove the particulars from the records. [3/2007] (9) Provision may also be made by rules as to the amendment of the record maintained by the Registrar relating to, or the removal from the records maintained by the Registrar of, the particulars of the granting of a security interest over an application for registration of a trade mark on the application of, or with the consent of, the person entitled to the benefit of that interest. [3/2007]


document_id: tma-1998
provision_ref: s42
chapter: PART 5 - LICENSING
section: 42
title: Licensing of registered trade mark
content:
42. —(1) A licence to use a registered trade mark may be general or limited. (2) A limited licence may, in particular, apply in relation to some but not all of the goods or services for which the trade mark is registered. (3) A licence is not effective unless it is in writing signed by or on behalf of the grantor. (4) Subsection (3) may be satisfied in a case where the grantor is a body corporate by the affixing of its seal. (5) Subject to subsection (7), a licence to use a registered trade mark is binding on every successor in title to the grantor’s interest — ( a ) except any person who, in good faith and without any notice (actual or constructive) of the licence, has given valuable consideration for the interest in the registered trade mark; or ( b ) unless the licence provides otherwise, and any reference in this Act to doing anything with, or without, the consent of the proprietor of a registered trade mark is to be construed accordingly. (6) Every person is deemed to have notice of a licence if the prescribed particulars of the grant of the licence are entered in the register under section 39(1). (7) Where an application under section 39(1) is made before 1 July 2004 to register the prescribed particulars of the grant of a licence, then, unless the licence provides otherwise, the licence is binding on every successor in title to the grantor’s interest. (8) Where the licence so provides, a sub-licence may be granted by the licensee; and references in this Act to a licence or licensee include references to a sub‑licence or sub‑licensee.


document_id: tma-1998
provision_ref: s43
chapter: PART 5 - LICENSING
section: 43
title: Exclusive licences
content:
43. —(1) In this Act, an “exclusive licence” means a licence (whether general or limited) authorising the licensee to the exclusion of all other persons, including the person granting the licence, to use a registered trade mark in the manner authorised by the licence, and the expression “exclusive licensee” is to be construed accordingly. (2) Section 42 applies, with the necessary modifications, to an exclusive licence.


document_id: tma-1998
provision_ref: s44
chapter: PART 5 - LICENSING
section: 44
title: General provisions as to rights of licensees in case of infringement
content:
44. —(1) This section has effect with respect to the rights of a licensee in relation to infringement of a registered trade mark. (2) The provisions of this section do not apply where or to the extent that, by virtue of section 45(1), the licensee has a right to bring proceedings in the licensee’s own name. (3) A licensee is entitled, unless the licensee’s licence, or any licence through which the licensee’s interest is derived, provides otherwise, to call on the proprietor of the registered trade mark to take infringement proceedings in respect of any matter which affects the licensee’s interests. (4) If the proprietor — ( a ) refuses to do so; or ( b ) fails to do so within 2 months after being called upon, the licensee may bring the proceedings in the licensee’s own name as if the licensee were the proprietor. (5) Where infringement proceedings are brought by a licensee by virtue of this section, the licensee may not, without the permission of the Court, proceed with the action unless the proprietor is either joined as a claimant or added as a defendant. [Act 25 of 2021 wef 01/04/2022] (6) Subsection (5) does not affect the granting of interlocutory relief on an application by a licensee alone. (7) A proprietor who is added as a defendant under subsection (5) is not to be made liable for any costs in the action unless the proprietor takes part in the proceedings. (8) In infringement proceedings brought by the proprietor of a registered trade mark, any loss suffered or likely to be suffered by licensees must be taken into account. (9) The Court may give such directions as it thinks fit as to the extent to which the claimant is to hold the proceeds of any pecuniary remedy on behalf of licensees. [Act 25 of 2021 wef 01/04/2022] (10) The provisions of this section apply in relation to an exclusive licensee if or to the extent that the exclusive licensee has, by virtue of section 45(1), the rights and remedies of an assignee as if the exclusive licensee were the proprietor of the registered trade mark.


document_id: tma-1998
provision_ref: s45
chapter: PART 5 - LICENSING
section: 45
title: Exclusive licensee having rights and remedies of assignee
content:
45. —(1) An exclusive licence may provide that the licensee has, to such extent as may be provided by the licence, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment. (2) Where or to the extent that the provision referred to in subsection (1) is made, the licensee is entitled, subject to the provisions of the licence and to the provisions of this section, to bring infringement proceedings, against any person other than the proprietor, in the licensee’s own name. (3) Any such rights and remedies of an exclusive licensee are concurrent with those of the proprietor of the registered trade mark, and references to the proprietor of a registered trade mark in the provisions of this Act relating to infringement are to be construed accordingly. (4) In an action brought by an exclusive licensee by virtue of this section, a defendant may avail himself, herself or itself of any defence which would have been available to the defendant if the action had been brought by the proprietor of the registered trade mark. (5) Where the proprietor or an exclusive licensee of a registered trade mark brings proceedings for any infringement of the trade mark in respect of which the proprietor and the exclusive licensee have concurrent rights of action, the proprietor or the exclusive licensee (as the case may be) need not — ( a ) join the other as a claimant; or [Act 25 of 2021 wef 01/04/2022] ( b ) add the other as a defendant, unless the Court otherwise orders. (6) A person who is added as a defendant as mentioned in subsection (5) is not to be made liable for any costs in the action unless the person takes part in the proceedings. (7) Where an action for infringement of a registered trade mark is brought which relates wholly or partly to an infringement in respect of which the proprietor and an exclusive licensee have or had concurrent rights of action — ( a ) the Court is, when assessing damages, ordering an account of profits or awarding statutory damages under section 31(5)( c ), to take into account — (i) the terms of the licence; and (ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement; and ( b ) subject to any agreement between them, the Court may — (i) assess the damages or award the statutory damages due to each of them according to the losses suffered or likely to be suffered by the person as a result of the infringement; or (ii) apportion between them the profits due to each of them according to what is attributable to the infringement of the person’s rights. (8) Subsection (7) applies whether or not the proprietor and the exclusive licensee are both parties to the action, and if they are not both parties, the Court may give such directions as it thinks fit as to the extent to which the party to the proceedings is to hold the proceeds of any pecuniary remedy on behalf of the other. (9) The Court, in making an order under section 33, may have regard to the terms of any exclusive licence. (10) The provisions of subsections (5) to (9) have effect subject to any agreement to the contrary between the exclusive licensee and the proprietor.


document_id: tma-1998
provision_ref: s46
chapter: PART 6 - OFFENCES
section: 46
title: Counterfeiting a trade mark
content:
46. —(1) Any person who counterfeits a registered trade mark 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 registered trade mark as to be calculated to deceive; or ( b ) falsifies a genuine registered trade mark, whether by alteration, addition, effacement, partial removal or otherwise, without the consent of the proprietor of the registered trade mark is deemed to counterfeit a registered trade mark. (3) In a prosecution under this section, the burden of proving the consent of the proprietor lies on the accused.


document_id: tma-1998
provision_ref: s47
chapter: PART 6 - OFFENCES
section: 47
title: Falsely applying a registered trade mark to goods or services
content:
47. —(1) Any person who falsely applies a registered trade mark to goods or services shall, unless the person proves that the person acted innocently, 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) For the purposes of this section and sections 49, 53 and 53A, a person falsely applies a registered trade mark to goods or services if — ( a ) without the consent of the proprietor of the registered trade mark, the person applies the trade mark or a sign likely to be mistaken for that trade mark to the goods or services; and ( b ) in the case of an application to goods, the goods are not the genuine goods of the proprietor or licensee of the registered trade mark. (3) For the purposes of subsection (2), a trade mark is deemed to be applied to goods or services if it is used in — ( a ) any sign or advertisement; or ( b ) any invoice, wine list, catalogue, business letter, business paper, price list or other commercial document, including any such document in any medium, and the goods are delivered, or services provided (as the case may be) to a person pursuant to a request or order made by reference to the trade mark as so used. (4) For the purposes of subsection (2) — ( a ) a sign is deemed to be applied to goods if — (i) it is applied to the goods themselves; or (ii) it is applied to any covering, label, reel or thing in or with which the goods are sold, offered or exposed for sale or had in possession for a purpose of trade or manufacture; and ( b ) a sign is deemed to be applied to goods or services if it is used in a manner that is likely to lead persons to believe that it refers to, describes or designates the goods or services. (5) In subsection (4) — “covering” includes any stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper; “label” includes any band or ticket. (6) In a prosecution under this section or section 49, the burden of proving the consent of the proprietor lies on the accused.


document_id: tma-1998
provision_ref: s48
chapter: PART 6 - OFFENCES
section: 48
title: Making or possessing of article for committing offence
content:
48. Any person who — ( a ) makes an article specifically designed or adapted for making copies of a registered trade mark or a sign likely to be mistaken for that trade mark; or ( b ) has such an article in the person’s possession, custody or control, knowing or having reason to believe that it has been, or is to be, used for, or in the course of, committing an offence against section 46 or 47, 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.


document_id: tma-1998
provision_ref: s49
chapter: PART 6 - OFFENCES
section: 49
title: Importing or selling, etc., goods with falsely applied trade mark
content:
49. Any person who — ( a ) imports into Singapore for the purpose of trade or manufacture; ( b ) sells or offers or exposes for sale; or ( c ) has in the person’s possession for the purpose of trade or manufacture, any goods to which a registered trade mark is falsely applied shall, unless the person proves that — ( d ) having taken all reasonable precautions against committing an offence under this section, the person had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the mark and on demand made by or on behalf of the prosecution, the person gave all the information in the person’s power with respect to the persons from whom the person obtained the goods; or ( e ) the person had acted innocently, be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for each goods or thing to which the trade mark is falsely applied (but not exceeding in the aggregate $100,000) or to imprisonment for a term not exceeding 5 years or to both.


document_id: tma-1998
provision_ref: s50
chapter: PART 6 - OFFENCES
section: 50
title: Falsification of register, etc.
content:
50. Any person who — ( a ) makes, or causes to be made, a false entry in the register; ( b ) makes, or causes to be made, any thing false purporting to be a copy of an entry in the register; or ( c ) produces or tenders or causes to be produced or tendered in evidence any thing mentioned in paragraph ( b ), knowing or having reason to believe that the entry or thing (as the case may be) is false 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 5 years or to both.


document_id: tma-1998
provision_ref: s51
chapter: PART 6 - OFFENCES
section: 51
title: Falsely representing trade mark as registered
content:
51. —(1) Any person who — ( a ) falsely represents that a mark is a registered trade mark; or ( b ) makes a false representation as to the goods or services for which a trade mark is registered, knowing or having reason to believe that the representation is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) For the purposes of this section, the use in the course of trade in Singapore in relation to a trade mark of — ( a ) the word “registered”; or ( b ) any other word or symbol importing a reference (express or implied) to registration, is deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in Singapore and that the trade mark is in fact so registered for the goods or services in question.


document_id: tma-1998
provision_ref: s52
chapter: PART 6 - OFFENCES
section: 52
title: Representation on trade marks of Arms or Flags prohibited, etc.
content:
52. —(1) Any person who causes or permits to appear on a trade mark used by the person for the purposes of the person’s trade any representation of the Arms or the Flag of Singapore, or of any arms or devices likely to be mistaken for them, shall, unless such trade mark is authorised to be used by order of the President, be guilty of an offence. (2) Any person who — ( a ) imports into Singapore for the purpose of trade or manufacture; ( b ) sells or offers or exposes for sale; or ( c ) has in the person’s possession for the purpose of trade or manufacture, any goods or things to which a trade mark bearing any representation prohibited by subsection (1) is applied shall be guilty of an offence. (3) Any person guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both, and shall forfeit to the Government any goods or things to which the trade mark bearing the prohibited representation is applied.


document_id: tma-1998
provision_ref: s53
chapter: PART 6 - OFFENCES
section: 53
title: Forfeiture and destruction of goods, etc., on conviction
content:
53. —(1) Subject to subsection (2), where any person has been convicted of an offence under any provision of this Part, the court may, where it considers appropriate, order the person to forfeit to the Government all or any — ( a ) goods in relation to which; or ( b ) articles by means of which, the offence was committed. (2) Where any person has been convicted of an offence under section 47 or 49 in relation to a registered trade mark, the court is, unless it is of the view that there are exceptional circumstances for deciding otherwise, to order to be forfeited to the Government and destroyed any goods which satisfy all of the following conditions: ( a ) the goods are goods in relation to which — (i) the offence was committed; and (ii) the trade mark has been falsely applied; ( b ) the goods or their packaging bear the trade mark or sign giving rise to the false application of the trade mark. (3) Any — ( a ) forfeiture of goods or articles under subsection (1); or ( b ) forfeiture and destruction of goods under subsection (2), is in addition to any penalty or punishment that the court may impose for the offence committed.


document_id: tma-1998
provision_ref: s53A
chapter: PART 6 - OFFENCES
section: 53A
title: Enforcement measures
content:
53A. —(1) Any police officer may arrest without warrant any person who, in any street or public place — ( a ) sells or offers or exposes for sale; or ( b ) has, or is reasonably suspected of having, in the person’s possession for the purpose of trade or manufacture, any goods to which a registered trade mark is falsely applied. (2) Any authorised officer may, without a warrant issued under subsection (3) — ( a ) stop, search and board, whether forcibly or otherwise, any conveyance in which the authorised officer reasonably suspects there are goods to which a registered trade mark has been falsely applied; and ( b ) seize, remove or detain any such goods and anything which appears to the authorised officer — (i) to be or to contain; or (ii) to be likely to be or to contain, evidence of any offence under section 46, 47, 48, 49 or 52. (3) If information is given upon oath to a court that there is reasonable cause for suspecting that there is in any premises or conveyance — ( a ) any goods which are the subject of an offence under section 46, 47, 48, 49 or 52; ( b ) any material or article which has been used in the commission of an offence under section 46, 47, 48, 49 or 52; or ( c ) any document which is evidence that an offence under section 46, 47, 48, 49 or 52 has been committed, the court may issue, either unconditionally or subject to such conditions as the court thinks fit, a warrant authorising a police officer to enter and search the premises or conveyance for any goods, material, article or document referred to in the warrant, whether specifically or in any general category, and to seize any such goods, material, article or document found at the premises or conveyance. (4) If any goods, material, article or document has been seized under subsection (3) and — ( a ) in proceedings brought under section 46, 47, 48, 49 or 52, no order is made — (i) as to the disposal of the goods, material, article or document; or (ii) in the case of any goods or article mentioned in section 53, under section 53(1) or (2); or ( b ) no such proceedings are instituted within 6 months of the seizure, the goods, material, article or document must be returned to the person in whose possession it was when it was seized or, if it is not reasonably practicable to return it to that person, must be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of police authorities. (5) No action or other legal proceeding shall lie against the Government or any officer or employee thereof for anything which is in good faith done or omitted to be done in the exercise of any power, duty or function under this section. (5A) The Minister may appoint any officer or class or description of officers to exercise the powers and perform the duties conferred and imposed on an authorised officer by this section. [Act 5 of 2025 wef 09/03/2025] (5B) An appointment under subsection (5A) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (6) In this section — “authorised officer” means — ( a ) a police officer; ( b ) an officer of customs as defined in the Customs Act 1960; ( c ) an immigration officer as defined in the Immigration Act 1959; or ( d ) any officer or class or description of officers appointed under subsection (5A); [Act 5 of 2025 wef 09/03/2025] “conveyance” includes any vehicle, vessel, train or aircraft in which persons or goods can be carried; “document” means anything in which information of any description is recorded; “premises” includes any land, building or structure.


document_id: tma-1998
provision_ref: s54
chapter: PART 7 - INTERNATIONAL MATTERS
section: 54
title: Power to make provision giving effect to Madrid Protocol, etc.
content:
54. —(1) The Minister may make rules to give effect in Singapore to the provisions of the Madrid Protocol or of any treaty, convention, arrangement or engagement relating to trade marks to which Singapore is a party. (2) Rules may, in particular, be made to provide for — ( a ) the making of applications for international registrations by way of the Registry as office of origin; ( b ) the procedures to be followed where the basic Singapore application or registration fails or ceases to be in force; ( c ) the procedures to be followed where the Registry receives from the International Bureau or any body specified in the rules a request for extension of protection to Singapore; ( d ) the effects of a successful request for extension of protection to Singapore; ( e ) the transformation of an application for an international registration, or an international registration, into a national application for registration; ( f ) the communication of information to the International Bureau; and ( g ) the payment of fees and amounts prescribed in respect of applications for international registrations, extensions of protection and renewals. (3) Provision may also be made in the rules to apply in relation to an international trade mark (Singapore) the provisions of section 35 and Parts 6 and 10. The Paris Convention, the TRIPS Agreement and
well known trade marks: supplementary provisions


document_id: tma-1998
provision_ref: s55
chapter: PART 7 - INTERNATIONAL MATTERS
section: 55
title: Protection of well known trade marks
content:
55. —(1) A well known trade mark is entitled to protection under this section — ( a ) whether or not the trade mark has been registered in Singapore, or an application for the registration of the trade mark has been made to the Registrar; and ( b ) whether or not the proprietor of the trade mark carries on business, or has any goodwill, in Singapore. (2) Subject to subsections (6) and (7), the proprietor of a well known trade mark is entitled to restrain by injunction the use in Singapore, in the course of trade and without the proprietor’s consent, of any trade mark which, or an essential part of which, is identical with or similar to the proprietor’s trade mark, in relation to identical or similar goods or services, where the use is likely to cause confusion. (3) Subject to subsections (6) and (7), the proprietor of a well known trade mark is entitled to restrain by injunction the use in Singapore, in the course of trade and without the proprietor’s consent, of any trade mark which, or an essential part of which, is identical with or similar to the proprietor’s trade mark, in relation to any goods or services, where the use of the trade mark — ( a ) would indicate a connection between those goods or services and the proprietor, and is likely to damage the interests of the proprietor; or ( b ) if the proprietor’s trade mark is well known to the public at large in Singapore — (i) would cause dilution in an unfair manner of the distinctive character of the proprietor’s trade mark; or (ii) would take unfair advantage of the distinctive character of the proprietor’s trade mark. (4) Subject to subsections (6) and (7), the proprietor of a well known trade mark is entitled to restrain by injunction the use in Singapore without the proprietor’s consent of any business identifier which, or an essential part of which, is identical with or similar to the proprietor’s trade mark, where the use of the business identifier — ( a ) would indicate a connection between the business in respect of which it is used and the proprietor, and is likely to damage the interests of the proprietor; or ( b ) if the proprietor’s trade mark is well known to the public at large in Singapore — (i) would cause dilution in an unfair manner of the distinctive character of the proprietor’s trade mark; or (ii) would take unfair advantage of the distinctive character of the proprietor’s trade mark. (5) If the Court grants an injunction under subsection (4) restraining the use by any business of any business identifier, the Court may make such other order as the Court deems fit in respect of any entry in any record maintained by any person, body or authority which associates that business with that business identifier. (6) The proprietor is not entitled to the right referred to in subsection (2), (3) or (4) if the use of the trade mark or business identifier (as the case may be) began before the proprietor’s trade mark became well known in Singapore, unless the trade mark or business identifier has been used in bad faith. (7) The proprietor ceases to be entitled to the right referred to in subsection (2), (3) or (4) if the proprietor has acquiesced for a continuous period of 5 years in the use of the trade mark or business identifier (as the case may be) in Singapore, being aware of that use, unless the trade mark or business identifier has been used in bad faith. (8) In deciding whether the trade mark or business identifier (as the case may be) has been used in bad faith, it is relevant to consider whether the person who used the trade mark or business identifier had, at the time the person began to use the trade mark or business identifier, knowledge of, or reason to know of, the proprietor’s trade mark. (9) Nothing in subsection (2) affects the continuation of any use mentioned therein in good faith of a trade mark that was begun before 15 January 1999. (10) Nothing in subsection (3) or (4) affects the continuation of any use mentioned therein in good faith of a trade mark or business identifier (as the case may be) that was begun before 1 July 2004. (11) For the purposes of this section and sections 55A, 56, 57 and 59, “use”, in relation to a trade mark, means use within the meaning of section 27(4).


document_id: tma-1998
provision_ref: s55A
chapter: PART 7 - INTERNATIONAL MATTERS
section: 55A
title: Permitted use of well known trade marks
content:
55A. —(1) Despite section 55, the proprietor of a well known trade mark is not entitled to restrain by injunction the use in Singapore, in accordance with honest practices in industrial or commercial matters, by any person of — ( a ) the name of — (i) the person himself or herself; (ii) the person’s place of business; (iii) the person’s predecessor in business; or (iv) the place of business of the person’s predecessor in business; ( b ) any sign to indicate — (i) the kind, quality, quantity, intended purpose, value, geographical origin or other characteristic of goods or services; or (ii) the time of production of goods or of the rendering of services; or ( c ) the trade mark to indicate the intended purpose of goods (in particular as accessories or spare parts) or services. (2) Despite section 55, the proprietor of a well known trade mark is not entitled to restrain by injunction the use in Singapore of any registered trade mark in relation to goods or services for which the latter is registered. (3) Despite section 55, the proprietor of a well known trade mark is not entitled to restrain by injunction the use in Singapore of the trade mark if such use — ( a ) constitutes fair use in comparative commercial advertising or promotion; ( b ) is for a non-commercial purpose; or ( c ) is for the purpose of news reporting or news commentary.


document_id: tma-1998
provision_ref: s56
chapter: PART 7 - INTERNATIONAL MATTERS
section: 56
content:
56. —(1) A trade mark which consists of or contains the flag of a Convention country must not be registered without the authorisation of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorisation. (2) A trade mark which consists of or contains the armorial bearings or any other state emblem of a Convention country which is protected under the Paris Convention or the TRIPS Agreement must not be registered without the authorisation of the competent authorities of that country. (3) A trade mark which consists of or contains an official sign or hallmark adopted by a Convention country and indicating control and warranty must not, where the sign or hallmark is protected under the Paris Convention or the TRIPS Agreement, be registered in relation to goods or services of the same, or a similar kind, as those in relation to which it indicates control and warranty, without the authorisation of the competent authorities of the country concerned. (4) The provisions of this section as to national flags and other state emblems, and official signs or hallmarks, apply equally to anything which from a heraldic point of view imitates any such flag or other emblem, or sign or hallmark. (5) Nothing in this section prevents the registration of a trade mark on the application of a national of a country who is authorised to make use of a state emblem, or official sign or hallmark, of that country, even though it is similar to that of another country. (6) Where by virtue of this section the authorisation of the competent authorities of a Convention country is or would be required for the registration of a trade mark, those authorities are entitled to restrain by injunction any use in the course of trade of the trade mark in Singapore without their authorisation.


document_id: tma-1998
provision_ref: s57
chapter: PART 7 - INTERNATIONAL MATTERS
section: 57
content:
57. —(1) This section applies to — ( a ) the armorial bearings, flags or other emblems; and ( b ) the abbreviations and names, of international intergovernmental organisations of which one or more Convention countries are members. (2) A trade mark which consists of or contains any such emblem, abbreviation or name which is protected under the Paris Convention or the TRIPS Agreement must not be registered without the authorisation of the international organisation concerned, unless it appears to the Registrar that the use of the emblem, abbreviation or name in the manner proposed — ( a ) is not such as to suggest to the public that a connection exists between the organisation and the trade mark; or ( b ) is not likely to mislead the public as to the existence of a connection between the user and the organisation. (3) The provisions of this section as to emblems of an international organisation apply equally to anything which from a heraldic point of view imitates any such emblem. (4) Where by virtue of this section the authorisation of an international organisation is or would be required for the registration of a trade mark, that organisation is entitled to restrain by injunction any use in the course of trade of the trade mark in Singapore without its authorisation. (5) Nothing in this section affects the rights of a person whose bona fide use of the trade mark in question began before 23 February 1995 (when the relevant provisions of the Paris Convention entered into force in relation to Singapore).


document_id: tma-1998
provision_ref: s58
chapter: PART 7 - INTERNATIONAL MATTERS
section: 58
content:
58. —(1) For the purposes of section 56, state emblems of a Convention country (other than the national flag), and official signs or hallmarks, are regarded as protected under the Paris Convention or the TRIPS Agreement only if, or to the extent that — ( a ) the country in question has notified Singapore in accordance with Article 6 ter (3) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, that it desires to protect that emblem, sign or hallmark; ( b ) the notification remains in force; and ( c ) Singapore has not objected to it in accordance with Article 6 ter (4) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, or any such objection has been withdrawn. (2) For the purposes of section 57, the emblems, abbreviations and names of an international organisation are regarded as protected under the Paris Convention or the TRIPS Agreement only if, or to the extent that — ( a ) the organisation in question has notified Singapore in accordance with Article 6 ter (3) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, that it desires to protect that emblem, abbreviation or name; ( b ) the notification remains in force; and ( c ) Singapore has not objected to it in accordance with Article 6 ter (4) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, or any such objection has been withdrawn. (3) Notification under Article 6 ter (3) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, has effect only in relation to applications for registration made more than 2 months after the receipt of the notification. (4) The Registrar must keep and make available for public inspection by any person, at all reasonable hours and free of charge, a list of — ( a ) the state emblems and official signs or hallmarks; and ( b ) the emblems, abbreviations and names of international organisations, which are for the time being protected under the Paris Convention or the TRIPS Agreement by virtue of a notification under Article 6 ter (3) of that Convention or under that Article as applied by the TRIPS Agreement.


document_id: tma-1998
provision_ref: s59
chapter: PART 7 - INTERNATIONAL MATTERS
section: 59
content:
59. —(1) Subsections (2) to (6) apply where an application for registration of a trade mark is made by a person who is an agent or representative of a person who is the proprietor of the trade mark in a Convention country. (2) If the proprietor opposes the application, registration must be refused. (3) If the application (not being so opposed) is granted, the proprietor may — ( a ) apply for a declaration of the invalidity of the registration; or ( b ) apply for the rectification of the register so as to substitute the proprietor’s name as the proprietor of the registered trade mark. (4) The proprietor may (notwithstanding the rights conferred by this Act in relation to a registered trade mark) by injunction restrain any use in the course of trade of the trade mark in Singapore which is not authorised by the proprietor. (5) Subsections (2), (3) and (4) do not apply if, or to the extent that, the agent or representative justifies the agent’s or representative’s action. (6) An application under subsection (3)( a ) or ( b ) must be made within 3 years of the proprietor becoming aware of the registration. (7) No injunction may be granted under subsection (4) in respect of a use in which the proprietor has acquiesced for a continuous period of 3 years or more.


document_id: tma-1998
provision_ref: s60
chapter: PART 8 - COLLECTIVE MARKS AND CERTIFICATION MARKS
section: 60
title: Collective marks
content:
60. —(1) A collective mark is a sign used, or intended to be used, in relation to goods or services dealt with or provided in the course of trade by members of an association to distinguish those goods or services from goods or services so dealt with or provided by persons who are not members of the association. (2) The provisions of this Act apply to collective marks subject to the provisions of the First Schedule.


document_id: tma-1998
provision_ref: s61
chapter: PART 8 - COLLECTIVE MARKS AND CERTIFICATION MARKS
section: 61
title: Certification marks
content:
61. —(1) A certification mark is a sign used, or intended to be used, to distinguish goods or services — ( a ) dealt with or provided in the course of trade; and ( b ) certified by the proprietor of the certification mark in relation to origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, from other goods or services dealt with or provided in the course of trade but not so certified. (2) The provisions of this Act apply to certification marks subject to the provisions of the Second Schedule.


document_id: tma-1998
provision_ref: s62
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 62
title: Registrar of Trade Marks and other officers
content:
62. —(1) There is to be a Registrar of Trade Marks who has the control of the Registry of Trade Marks. (2) There are to be one or more Deputy Registrars of Trade Marks who, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 63. (3) There are to be one or more Assistant Registrars of Trade Marks. (4) The Registrar and all the other officers under this section must be appointed by the Minister.


document_id: tma-1998
provision_ref: s63
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 63
title: Delegation by Registrar
content:
63. —(1) The Registrar may, in relation to a particular matter or class of matters, by writing under the hand of the Registrar, delegate all or any of the Registrar’s powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Trade Marks, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation. [4/2014] (2) A delegation under this section is revocable at will and no delegation prevents the exercise of a power or function by the Registrar or by a Deputy Registrar of Trade Marks. (3) A person with the relevant qualifications or experience mentioned in subsection (1) is, when exercising the delegated powers and functions, deemed to be a public servant for the purposes of the Penal Code 1871. [4/2014]


document_id: tma-1998
provision_ref: s64
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 64
title: Registry of Trade Marks
content:
64. For the purposes of this Act, there is established an office known as the Registry of Trade Marks.


document_id: tma-1998
provision_ref: s65
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 65
title: Seal of Registry
content:
65. There is to be a seal of the Registry and impressions of the seal are to be judicially noticed. The Register


document_id: tma-1998
provision_ref: s66
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 66
title: The register
content:
66. —(1) The Registrar must maintain a register of trade marks. (2) There must be entered in the register in accordance with this Act — ( a ) registered trade marks; ( b ) such particulars as may be prescribed of registrable transactions affecting a registered trade mark; and ( c ) such other matters relating to registered trade marks as may be prescribed. (3) The register may be kept in whole or in part using a computer. (4) Any record of a particular or other matter made by using a computer for the purpose of keeping the register is taken to be an entry in the register.


document_id: tma-1998
provision_ref: s67
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 67
title: Rectification of register
content:
67. —(1) Any person having a sufficient interest may apply for the rectification of an error or omission in the register. (2) An application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark. (3) An application for rectification may be made either to the Registrar or to the Court, except that — ( a ) if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court; and ( b ) if in any other case the application is made to the Registrar, the Registrar may at any stage of the proceedings refer the application to the Court. (3A) An application to the Registrar for rectification is subject to the rules mentioned in section 108(2)( ea ). [Act 7 of 2022 wef 26/05/2022] (4) Except where the Registrar or the Court directs otherwise, the effect of rectification of the register is that the error or omission in question is deemed never to have been made. (5) The Registrar may, on request made in the prescribed manner by the proprietor of a registered trade mark, or a licensee, enter any change in the proprietor’s or licensee’s name or address as recorded in the register. (6) The Registrar may remove from the register matter appearing to the Registrar to have ceased to have effect. [Act 7 of 2022 wef 26/05/2022]


document_id: tma-1998
provision_ref: s68
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 68
title: Inspection of and extract from register
content:
68. —(1) The register must be available at the Registry for inspection by any person during the hours when the Registry is open for business. (2) If the register, or any part of the register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the register or that part of the register is given access to a computer terminal from which the person can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the register or that part of the register. (3) Any person who applies for a certified copy of an entry in the register or a certified extract from the register is entitled to obtain such a copy or extract on payment of the prescribed fee. [16/2012] (4) In relation to any portion of the register kept otherwise than in documentary form, the right to a copy or extract conferred by subsection (3) is a right to a copy or extract in a form in which it can be taken away. (5) In this section, “certified copy” and “certified extract” mean a copy and extract certified by the Registrar. [16/2012] Powers and duties of Registrar


document_id: tma-1998
provision_ref: s69
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 69
title: Costs awarded by Registrar
content:
69. —(1) The Registrar may award costs in respect of the matters, and in the amounts provided for in rules made under this Act, against any party to proceedings brought before the Registrar. (2) The rules may provide for the assessment of the costs, or any part of the costs, by the Registrar. [Act 25 of 2021 wef 01/04/2022] (3) A party desirous to obtain costs or to have the costs assessed must apply to the Registrar in accordance with the rules. [Act 25 of 2021 wef 01/04/2022] (4) If a party is ordered to pay the costs of another party, the costs may be recovered in a court of competent jurisdiction as a debt due by the first party to the other party.


document_id: tma-1998
provision_ref: s70
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 70
title: Security for costs
content:
70. If a person who neither resides nor carries on business in Singapore — ( a ) gives notice of opposition under section 13; or ( b ) applies to the Registrar under section 22 or 23 for the registration of a trade mark to be revoked or to be declared invalid, as the case may be, the Registrar may require the person to give security for the costs for the proceedings and may, if security is not given, dismiss the proceedings.


document_id: tma-1998
provision_ref: s71
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 71
title: Evidence before Registrar
content:
71. The Registrar may, for the purposes of any proceedings before him or her under this Act — ( a ) summon witnesses; ( b ) receive evidence on oath, whether orally or otherwise; and ( c ) require the production of documents or articles.


document_id: tma-1998
provision_ref: s72
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 72
title: Disobedience to summons an offence
content:
72. —(1) A person who has been summoned to appear as a witness before the Registrar must not, without lawful excuse, fail to appear in obedience to the summons. (2) A person who has been required by the Registrar to produce a document or article must not, without lawful excuse, fail to produce the document or article. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: tma-1998
provision_ref: s73
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 73
title: Refusal to give evidence an offence
content:
73. —(1) A person who appears before the Registrar must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which the person is lawfully required to produce or answer. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: tma-1998
provision_ref: s74
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 74
title: Exclusion of liability in respect of official acts
content:
74. —(1) The Office and the Registrar shall not be taken to warrant the validity of the registration of a trade mark under this Act or under any treaty, convention, arrangement or engagement to which Singapore is a party. (2) Neither the Office nor the Registrar is subject to any liability by reason of, or in connection with, any examination required or authorised by this Act, or any such treaty, convention, arrangement or engagement, or any report or other proceedings consequent on such examination. (3) No proceedings shall lie against an officer of the Office or the Registrar in respect of any matter for which, by virtue of this section, the Office or the Registrar is not liable.


document_id: tma-1998
provision_ref: s75
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 75
title: Appeals from Registrar
content:
75. —(1) Except as provided under subsections (2) and (3) or by rules made under this Act, there is no appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act. [16/2016] (2) The following are subject to appeal to the Court: ( a ) a decision of the Registrar as to the registrability of a trade mark; ( b ) a decision of the Registrar not to allow any alteration of a registered trade mark as described in section 20; ( c ) a decision of the Registrar relating to an application for revocation under section 22; ( d ) a decision of the Registrar relating to an application for a declaration of invalidity under section 23; ( e ) a decision of the Registrar under section 67. (3) Where the Registrar makes a decision in any interlocutory proceedings between 2 or more parties, and the decision terminates any matter concerning a trade mark or an application for a trade mark, any of those parties who is adversely affected by the termination of the matter may appeal to the Court from the decision of the Registrar. [16/2016] (4) An appeal does not lie to the appellate court from a decision of the Court on appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act unless permission to appeal is given by the appellate court. [23/2019; 40/2019] [Act 25 of 2021 wef 01/04/2022] (5) In this section, “appellate court” means the court to which an appeal under subsection (4) is to be made under section 29C of the Supreme Court of Judicature Act 1969. [40/2019] Forms, fees, hours of business and publication


document_id: tma-1998
provision_ref: s76
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 76
title: Forms and directions of Registrar
content:
76. The Minister may make rules for the publication by the Registrar of — ( a ) the forms to be used for any purpose relating to the registration of a trade mark or any other proceedings before the Registrar under this Act; and ( b ) the practice directions issued by the Registrar.


document_id: tma-1998
provision_ref: s77
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 77
title: Fees
content:
77. —(1) There must be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed. (2) The Minister may make rules as to the remission of fees in the prescribed circumstances. (3) All fees collected must be paid into the funds of the Office. (4) Subsection (3) does not apply to fees prescribed in rules made under section 54(2)( g ) which are to be forwarded to the International Bureau.


document_id: tma-1998
provision_ref: s78
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 78
title: Hours of business and excluded days
content:
78. —(1) The Registrar may issue practice directions to specify — ( a ) the hours of business of the Registry; and ( b ) the days which are to be treated as excluded days. (2) The Minister may prescribe the effect of doing any business under this Act — ( a ) on any day after the hours of business of the Registry; or ( b ) on any day which is an excluded day. (3) For the purposes of subsections (1) and (2) — ( a ) different hours of business may be specified for different classes of business; ( b ) different excluded days may be specified for different classes of business; and ( c ) different effects of doing business — (i) outside the hours of business of the Registry; or (ii) on an excluded day, may be prescribed for different classes of business.


document_id: tma-1998
provision_ref: s79
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 79
title: Publication of trade mark applications, etc.
content:
79. The Minister may make rules for the publication by the Registrar of the particulars of any application for the registration of a trade mark (including a representation of the mark) and such other information relating to trade marks as the Registrar thinks fit. Trade mark agents


document_id: tma-1998
provision_ref: s80
chapter: PART 9 - ADMINISTRATIVE AND OTHER
section: 80
title: Recognition of agents
content:
80. Except as otherwise provided by rules, any act required or authorised by this Act to be done by or to a person in connection with the registration of a trade mark, or any procedure relating to a registered trade mark, may be done by or to an agent authorised by that person orally or in writing.


document_id: tma-1998
provision_ref: s81
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 81
title: Interpretation of this Part
content:
81. In this Part, unless the context otherwise requires — “aircraft” has the meaning given by section 2 of the Regulation of Imports and Exports Act 1995; “authorised officer” means — ( a ) an officer of customs as defined in section 3(1) of the Customs Act 1960; or ( b ) any officer or class or description of officers appointed under section 81A(2); [Act 5 of 2025 wef 09/03/2025] “conveyance” has the meaning given by section 2 of the Regulation of Imports and Exports Act 1995; “Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act 1960; “goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance; “infringement action” means an action for an infringement of the relevant registered trade mark constituted by any use of a sign (within the meaning of section 27(4)) in relation to the seized goods; “master” has the meaning given by section 2 of the Regulation of Imports and Exports Act 1995; “pilot of an aircraft” has the meaning given by section 2 of the Regulation of Imports and Exports Act 1995; “proprietor”, in relation to a registered trade mark, includes a licensee of the trade mark; “requestor”, in relation to particular seized goods, means the person who gave the written notice under section 82(1) as a result of the giving of which the goods were seized; “retention period”, in relation to seized goods, means — ( a ) the period specified in a notice given under section 85 in respect of the goods; or ( b ) if that period has been extended under section 85, that period as so extended; “seized goods” means goods seized under section 82; “senior authorised officer” means — ( a ) a senior officer of customs as defined in section 3(1) of the Customs Act 1960; and ( b ) any officer or class or description of officers appointed under section 81A(3); [Act 5 of 2025 wef 09/03/2025] “vehicle” has the meaning given by section 2 of the Regulation of Imports and Exports Act 1995; “vessel” has the meaning given by section 2 of the Regulation of Imports and Exports Act 1995. [34/2018]


document_id: tma-1998
provision_ref: s81A
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 81A
title: Administration of this Part
content:
81A. —(1) The Director-General may delegate to a senior officer of customs (within the meaning of section 3(1) of the Customs Act 1960) any of the powers of the Director‑General under this Part (except the power of delegation conferred by this section), subject to such conditions or restrictions as the Director‑General may determine. [Act 5 of 2025 wef 09/03/2025] (2) The Minister may appoint any officer or class or description of officers to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Part. [Act 5 of 2025 wef 09/03/2025] (3) The Minister may appoint any officer or class or description of officers to exercise the powers and perform the duties conferred and imposed on a senior authorised officer by this Part. [Act 5 of 2025 wef 09/03/2025] (4) An appointment under subsection (2) or (3) must be published in the Gazette . [34/2018] [Act 5 of 2025 wef 09/03/2025]


document_id: tma-1998
provision_ref: s81B
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 81B
title: Fees
content:
81B. —(1) The Minister charged with the responsibility for customs duties may make rules to prescribe the fees payable to the Director‑General in connection with the administration of this Part. [34/2018] (2) Without limiting subsection (1), rules may be made to prescribe fees for the following purposes: ( a ) for the escort of a conveyance conveying goods seized under section 82(4) or 93A; ( b ) for the attendance of an authorised officer or a senior authorised officer in connection with the inspection or destruction of such seized goods; ( c ) for the attendance of an authorised officer or a senior authorised officer in connection with any other act or service under this Part. [34/2018] Division 2 &#x2014; Seizure of goods on request [34/2018]


document_id: tma-1998
provision_ref: s82
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 82
title: Restriction of importation or exportation of infringing goods
content:
82. —(1) A person who is the proprietor or a licensee of a registered trade mark may give the Director-General a written notice — ( a ) stating that the person is — (i) the proprietor of the registered trade mark; or (ii) a licensee thereof having the power to give such a notice; ( b ) stating that goods which, in relation to the registered trade mark, are infringing goods are expected to be imported or exported; ( c ) providing sufficient information — (i) to identify the goods; (ii) to enable the Director-General to ascertain when and where the goods are expected to be imported or exported; and (iii) to satisfy the Director-General that the goods are infringing goods; and ( d ) requesting the Director-General to seize the goods. [34/2018] (2) A notice under subsection (1) must be — ( a ) in the form determined by the Director‑General, and supported by such documents and information as the Director‑General may require; and ( b ) accompanied by the fee prescribed under section 81B. [34/2018] (3) A notice under subsection (1) remains in force until the 59th day after the day on which the notice was given, unless it is revoked, before the end of that period, by written notice given to the Director‑General — ( a ) if the person giving the firstmentioned notice is a licensee of the registered trade mark and the licensee has power to revoke the notice — by the licensee; ( b ) in any other case — by the person who is then the proprietor of the registered trade mark. [34/2018] (4) If — ( a ) a notice has been given under this section in respect of a registered trade mark; ( b ) the notice has not lapsed or been revoked; and ( c ) a person imports or proposes to export goods, not being goods in transit, which bear a sign that, or whose packaging bears a sign that, in the opinion of an authorised officer, is identical with or similar to the registered trade mark in question, an authorised officer may seize the goods. [34/2018] (5) The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide — ( a ) for the times at which, and the manner in which, notices are to be given; ( b ) for the giving of information and evidence to the Director‑General; and ( c ) that an authorised officer may refuse to seize any goods because of non-compliance with any direction of the Director‑General or any such rule. [34/2018]


document_id: tma-1998
provision_ref: s83
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 83
title: Security for liability or expense of seizure, storage and disposal
content:
83. An authorised officer may refuse to seize goods under section 82 unless — ( a ) the requestor has deposited with the Director‑General a sum of money that, in the opinion of the Director‑General, is sufficient to — (i) reimburse the Government for any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods; and (ii) pay such compensation as may be ordered by the Court under section 89(2) or 90(6); or ( b ) the requestor has given security, to the satisfaction of the Director‑General, for the reimbursement of the Government for any such liability or expense and the payment of such compensation. [34/2018]


document_id: tma-1998
provision_ref: s84
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 84
title: Secure storage of seized goods
content:
84. At the Director‑General’s direction, seized goods must be taken to a secure place the Director‑General directs, either by the person in possession, custody or control of those goods immediately before the seizure or the requestor, whoever the Director‑General considers appropriate. [34/2018]


document_id: tma-1998
provision_ref: s85
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 85
title: Notice of seizure
content:
85. —(1) As soon as is practicable after goods are seized under section 82, the Director‑General must give to the importer or exporter (as the case may be), and the requestor, personally, by post or (with the prior consent of the addressee) by email, a written notice identifying the goods and stating that they have been seized. [34/2018] (2) A notice under subsection (1) must state that the goods will be released to the importer or exporter unless — ( a ) an infringement action in respect of the goods is instituted by the requestor within a specified period after the day specified in the notice; and ( b ) the requestor gives written notice to the Director‑General within that period stating that the infringement action has been instituted. [34/2018] (3) The period to be specified for the purpose of paragraph ( a ) of subsection (2) is the period prescribed for the purposes of that paragraph. (4) The day specified for the purposes of subsection (2)( a ) must not be earlier than the day on which the notice is given. (5) The requestor may, by written notice given to the Director‑General before the end of the period specified in a notice for the purposes of subsection (2)( a ) (the initial period), request that the period be extended. [34/2018] (6) Subject to subsection (7), if — ( a ) a request is made in accordance with subsection (5); and ( b ) the Director-General is satisfied that it is reasonable that the request be granted, the Director-General may extend the initial period by such period as is prescribed. (7) A decision on a request made in accordance with subsection (5) must be made within 2 working days after the request is made, but such a decision cannot be made after the end of the initial period to which the request relates.


document_id: tma-1998
provision_ref: s85A
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 85A
title: Persons bound to give information or produce documents
content:
85A. —(1) At any time after goods have been seized under section 82(4), an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer. [34/2018] (2) The purposes mentioned in subsection (1) are — ( a ) to enable the Director-General to satisfy a request under section 85B (whether or not such a request has actually been received); ( b ) to enable any action to be taken under this Division or Division 3 in relation to future shipments of goods; and ( c ) for a statistical or research purpose. [34/2018] (3) A person who — ( a ) without reasonable excuse, fails to comply with a requirement under subsection (1); or ( b ) in purported compliance with such requirement, knowingly or recklessly provides any information or document 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 $6,000 or to imprisonment for a term not exceeding 6 months or to both. [34/2018] (4) A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person. [34/2018] (5) Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3). [34/2018] (6) No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2). [34/2018] (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [34/2018]


document_id: tma-1998
provision_ref: s85B
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 85B
title: Information on import or export
content:
85B. —(1) After goods have been seized under section 82(4), the Director‑General may, upon the request of the requestor, and if the Director‑General is satisfied that the information is necessary to enable the requestor to institute an infringement action, give the requestor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods. [34/2018] (2) Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director‑General or a person to whom the Director‑General has delegated the power under that subsection. [34/2018]


document_id: tma-1998
provision_ref: s86
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 86
title: Inspection, release, etc., of seized goods
content:
86. —(1) The Director-General may permit the requestor or the importer or exporter (as the case may be) to inspect the seized goods. [34/2018] (2) If the requestor gives the requisite undertakings, the Director‑General may permit the requestor to remove a sample of the seized goods from the custody of the Director‑General for inspection by the requestor. [34/2018] (3) If the importer or exporter (as the case may be) gives the Director‑General the requisite undertakings, the Director‑General may permit the importer or exporter to remove a sample of the seized goods from the custody of the Director‑General for inspection by the importer or exporter. [34/2018] (4) The requisite undertakings are undertakings in writing that the person giving the undertaking will — ( a ) return the sample to the Director-General at a specified time that is satisfactory to the Director‑General; and ( b ) take reasonable care to prevent damage to the sample. (5) If the Director-General permits inspection of the seized goods, or the removal of a sample, by the requestor in accordance with this section, the Director‑General is not liable to the importer or exporter for any loss or damage suffered by the importer or exporter arising out of — ( a ) damage to any of the seized goods incurred during that inspection; or ( b ) anything done by the requestor or any other person to, or in relation to, a sample removed from the custody of the Director‑General or any use made by the requestor of such a sample. [34/2018]


document_id: tma-1998
provision_ref: s87
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 87
title: Forfeiture of seized goods by consent
content:
87. —(1) Subject to subsection (2), the importer or exporter (as the case may be) may, by written notice and the giving of the prescribed written undertakings to the Director‑General, consent to the seized goods being forfeited to the Government. [34/2018] (2) The notice must be given before any infringement action in relation to the seized goods is instituted. (3) If the importer or exporter satisfies the requirements of subsection (1), the seized goods are forfeited to the Government and must be disposed of — ( a ) in the manner prescribed by rules made under this Act; or ( b ) if no manner of disposal is so prescribed, as the Director‑General directs. [34/2018]


document_id: tma-1998
provision_ref: s88
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 88
title: Compulsory release of seized goods to importer or exporter
content:
88. —(1) The Director-General must release seized goods (not being goods forfeited to the Government under section 87) to the importer or exporter (as the case may be) as soon as possible after the expiration of the retention period for the goods if the requestor has not, before the expiration of that period — ( a ) instituted an infringement action in relation to the goods; and ( b ) given written notice to the Director-General stating that the action has been instituted. [34/2018] (2) If — ( a ) an infringement action has been instituted in relation to the seized goods; and ( b ) on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court in which the action was instituted preventing the release of the goods, the Director-General must release the goods to the importer or exporter (as the case may be) as soon as possible after the firstmentioned day. [34/2018] (3) If the requestor gives written notice to the Director‑General stating that the requestor consents to the release of the seized goods, the Director‑General must release the goods to the importer or exporter (as the case may be) as soon as possible. [34/2018] (4) This section has effect subject to section 91.


document_id: tma-1998
provision_ref: s89
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 89
title: Compensation for failure to take action
content:
89. —(1) Where goods have been seized pursuant to a notice given under section 82 and the requestor concerned fails to take infringement action within the retention period for the goods, a person aggrieved by such seizure may apply to the Court for an order of compensation against the requestor. [34/2018] (2) Where the Court is satisfied that the applicant had suffered loss or damage as a result of the seizure of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to the applicant. [34/2018]


document_id: tma-1998
provision_ref: s90
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 90
title: Actions for infringement of registered trade mark
content:
90. —(1) The Court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject matter of the action, allow the person to be joined as a defendant to the action. (2) An authorised officer is entitled to be heard on the hearing of an infringement action. (3) In addition to any relief that may be granted apart from this section, the Court may — ( a ) at any time, order that the seized goods be released to the importer or exporter (as the case may be) subject to such conditions (if any) as the Court thinks fit; ( b ) order that the seized goods not be released to the importer or exporter (as the case may be) before the end of a specified period; or ( c ) order that the seized goods be forfeited to the Government. [34/2018] (4) A Court may not make an order under subsection (3)( a ) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized goods. (5) The Director-General must comply with an order made under subsection (3). (6) If — ( a ) the action is dismissed or discontinued, or if the Court decides that the relevant registered trade mark was not infringed by the use of a sign (within the meaning of section 27(4)) in relation to the seized goods; and ( b ) a defendant to the infringement action satisfies the Court that the defendant has suffered loss or damage as a result of the seizure of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to that defendant. [34/2018]


document_id: tma-1998
provision_ref: s91
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 91
title: Retention of control of seized goods
content:
91. Despite section 88, in a case in which no order has been made under section 90(3) in relation to seized goods, the Director‑General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods.


document_id: tma-1998
provision_ref: s92
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 92
title: Disposal of seized goods
content:
92. —(1) If the Court orders that seized goods are to be forfeited to the Government, the goods must be disposed of — ( a ) in the manner prescribed by rules made under this Act; or ( b ) if no manner of disposal is so prescribed, as the Director‑General directs. [34/2018] (2) If — ( a ) the Director-General gives to the importer or exporter a written notice of the release of seized goods; and ( b ) the importer or exporter fails to take custody of the seized goods within the period specified in the notice, the Director-General may dispose of the goods — ( c ) in the manner prescribed by rules made under this Act; or ( d ) if no manner of disposal is so prescribed, as the Director‑General directs. [34/2018]


document_id: tma-1998
provision_ref: s93
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93
title: Insufficient security
content:
93. —(1) If the reasonable expenses incurred by the Director‑General in relation to any action taken by the Director‑General under this Division, or taken in accordance with an order of court under this Division exceed the amount deposited, or the amount of the security given, under section 83, the amount of the excess is a debt due to the Government. [34/2018] (2) The debt created by subsection (1) is due by the requestor, or, if there are 2 or more requestors, by the requestors jointly and severally. [34/2018] Division 3 &#x2014; Ex-officio seizure of goods


document_id: tma-1998
provision_ref: s93A
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93A
title: Seizure and inspection of counterfeit goods
content:
93A. —(1) Despite section 82(4), an authorised officer may — ( a ) examine any goods to which this subsection applies, including goods in transit; or ( b ) seize any goods to which this subsection applies — (i) that are imported into, or that are to be exported from, Singapore; and (ii) that are not goods in transit, unless they are consigned to a person with a commercial or physical presence in Singapore. [34/2018] (2) Subsection (1) applies to goods that the authorised officer reasonably suspects are counterfeit goods in relation to a registered trade mark. [34/2018] (3) As soon as practicable after the goods are seized under subsection (1)( b ), the Director‑General must give personally, by post or (with the prior consent of the addressee) by email, a written notice to — ( a ) the importer, exporter or consignee (as the case may be) of the seized goods (called in this Division the dealer); and ( b ) the proprietor of the registered trade mark. [34/2018] (4) The written notice in subsection (3) must — ( a ) identify the goods seized; and ( b ) set out the rights of the dealer in section 86 (as applied by subsection (5)), and the requirements in section 93B. [34/2018] (5) Section 86 (which provides for the inspection of seized goods) applies in relation to the seized goods as it applies in relation to goods seized under section 82(4), with the following modifications: ( a ) replace a reference to the requestor with a reference to the proprietor of the registered trade mark; ( b ) replace a reference to the importer or exporter with a reference to the dealer. [34/2018] (6) At the Director‑General’s direction, seized goods must be taken to a secure place the Director‑General directs by such of the following as the Director‑General considers appropriate: ( a ) the person in possession, custody or control of those goods immediately before the seizure; ( b ) the proprietor of the registered trade mark (but only if the proprietor has satisfied section 93B(1)( a ) and ( b )). [34/2018]


document_id: tma-1998
provision_ref: s93B
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93B
title: Requirements for continued detention
content:
93B. —(1) If the proprietor of the registered trade mark wants the Director‑General to continue to detain the seized goods so that the proprietor may institute an infringement action in relation to them, the proprietor must, within the prescribed period after the date of the notice in section 93A(3) — ( a ) give to the Director‑General a written notice of this in the form determined by the Director‑General, supported by such documents and information as the Director‑General may require, and accompanied by the fee prescribed under section 81B; and ( b ) either — (i) deposit with the Director-General a sum of money that, in the Director‑General’s opinion, is sufficient for the purpose mentioned in subsection (2); or (ii) give security to the Director-General’s satisfaction for such purpose, unless the proprietor had earlier given such deposit or security to the Director‑General and the deposit had not been forfeited or returned or the security is still effective. [34/2018] (2) The purpose in subsection (1) is the reimbursement to the Government of — ( a ) any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods; and ( b ) the payment of such compensation as the Court may order under section 93I or section 90(6) (as applied by section 93H). [34/2018] (3) If subsection (1) is not satisfied, the Director‑General must release the seized goods to the dealer. [34/2018] (4) The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide — ( a ) for the times at which, and the manner in which, notices are to be given; ( b ) for the giving of information and evidence to the Director‑General; and ( c ) that the Director-General may release any seized goods to the dealer concerned because of non-compliance with any direction of the Director‑General or any such rule. [34/2018]


document_id: tma-1998
provision_ref: s93C
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93C
title: Notice to take action
content:
93C. —(1) If section 93B(1)( a ) and ( b ) has been satisfied by the proprietor of the registered trade mark, the Director‑General must, as soon as practicable, give to the proprietor and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice that states that the goods will be released to the dealer unless — ( a ) an infringement action in relation to the goods is instituted by the proprietor within a prescribed period after the day specified in the notice; and ( b ) the proprietor gives written notice to the Director‑General within that period stating that such action has been instituted. [34/2018] (2) Section 85(4) to (7) applies in relation to a notice under subsection (1) as it applies in relation to a notice under section 85(1), as if a reference to the requestor is a reference to the proprietor of the registered trade mark. [34/2018]


document_id: tma-1998
provision_ref: s93D
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93D
title: Persons bound to give information or produce documents
content:
93D. —(1) At any time after goods have been seized under section 93A, an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer. [34/2018] (2) The purposes mentioned in subsection (1) are — ( a ) to enable the Director-General to satisfy a request under section 93E (whether or not such a request has actually been received); ( b ) to enable any action to be taken under this Division or Division 2 in relation to future shipments of goods; and ( c ) for a statistical or research purpose. [34/2018] (3) A person who — ( a ) without reasonable excuse, fails to comply with a requirement under subsection (1); or ( b ) in purported compliance with such requirement, knowingly or recklessly provides any information or document 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 $6,000 or to imprisonment for a term not exceeding 6 months or to both. [34/2018] (4) A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person. [34/2018] (5) Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3). [34/2018] (6) No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2). [34/2018] (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [34/2018]


document_id: tma-1998
provision_ref: s93E
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93E
title: Information on import or export
content:
93E. —(1) After section 93B(1)( a ) and ( b ) has been satisfied by the proprietor of the registered trade mark, the Director‑General may, upon the request of the proprietor, and if the Director‑General is satisfied that the information is necessary to enable the proprietor to institute an infringement action, give the proprietor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods. [34/2018] (2) Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director‑General or a person to whom the Director‑General has delegated the power under that subsection. [34/2018]


document_id: tma-1998
provision_ref: s93F
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93F
title: Forfeiture of seized goods by consent
content:
93F. —(1) Subject to subsection (2), the dealer may, by written notice and the giving of the prescribed written undertakings to the Director‑General, consent to the seized goods being forfeited to the Government. [34/2018] (2) The notice must be given before any infringement action in relation to the goods is instituted. [34/2018] (3) If the dealer satisfies the requirements of subsection (1), the goods are forfeited to the Government and must be disposed of — ( a ) in the manner prescribed by rules made under this Act; or ( b ) if no manner of disposal is so prescribed, as the Director‑General directs. [34/2018]


document_id: tma-1998
provision_ref: s93G
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93G
title: Compulsory release of seized goods to dealer
content:
93G. —(1) The Director-General must release the seized goods (not being goods forfeited to the Government under section 93F) to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 93C(1) (including any extension of that period under section 85(6) as applied by section 93C(2)), if the proprietor of the registered trade mark has not, before that date — ( a ) instituted an infringement action in respect of the goods; and ( b ) given written notice to the Director‑General stating that the action has been instituted. [34/2018] (2) If — ( a ) an infringement action has been instituted in respect of the seized goods; and ( b ) on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court preventing the release of the goods, the Director‑General must release the goods to the dealer as soon as possible after the firstmentioned day. [34/2018] (3) If the proprietor of the registered trade mark gives a written notice to the Director‑General stating that the proprietor consents to the release of the seized goods, the Director‑General must release the goods to the dealer as soon as possible. [34/2018]


document_id: tma-1998
provision_ref: s93H
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93H
title: Provisions relating to infringement action
content:
93H. Section 90 applies in relation to an infringement action concerning goods seized under section 93A, as it applies in relation to an infringement action concerning goods seized under section 82(4), with the following modifications: ( a ) replace a reference to the requestor with a reference to the proprietor of the registered trade mark; ( b ) replace a reference to the importer or exporter with a reference to the dealer. [34/2018]


document_id: tma-1998
provision_ref: s93I
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93I
title: Compensation for failure to take action
content:
93I. —(1) Where — ( a ) goods have been seized under section 93A; ( b ) the goods continue to be detained because section 93B(1) has been satisfied; and ( c ) the proprietor fails to take infringement action within the period specified in section 93C(1) (including any extension of that period under section 85(6) as applied by section 93C(2)), a person aggrieved by the seizure may apply to the Court for an order of compensation against the proprietor. [34/2018] (2) Where the Court is satisfied that the applicant has suffered loss or damage as a result of the seizure of the goods, the Court may order the proprietor to pay to the applicant compensation of such amount as the Court thinks fit. [34/2018]


document_id: tma-1998
provision_ref: s93J
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93J
title: Retention of control of seized goods
content:
93J. Despite section 93G and any rule made under section 93B(4)( c ), in a case in which no order has been made under section 90(3) (as applied by section 93H) in relation to the seized goods, the Director‑General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods. [34/2018]


document_id: tma-1998
provision_ref: s93K
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93K
title: Disposal of seized goods
content:
93K. Section 92 applies in relation to goods seized under section 93A, as it applies in relation to goods seized under section 82(4), with a reference to the importer or exporter replaced with a reference to the dealer. [34/2018]


document_id: tma-1998
provision_ref: s93L
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 93L
title: Insufficient security
content:
93L. —(1) If the reasonable expenses incurred by the Director‑General in relation to any action taken by the Director‑General under this Division, or taken in accordance with an order of the Court under this Division exceed the amount deposited, or the amount of the security given, under section 93B, the amount of the excess is a debt due to the Government. [34/2018] (2) The debt created by subsection (1) is due by the proprietor or, if there are 2 or more proprietors, by the proprietors jointly and severally. [34/2018] Division 4 &#x2014; Powers of search [34/2018]


document_id: tma-1998
provision_ref: s94
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 94
title: Powers of search in relation to vessels, aircraft and vehicles
content:
94. —(1) A senior authorised officer or an authorised officer acting in accordance with the general or special directions of a senior authorised officer may board any conveyance in Singapore and may rummage and search all parts of the conveyance for goods liable to be seized under section 82 or 93A. [34/2018] (2) For the more effective exercise of the powers conferred by this section, a senior authorised officer may do all or any of the following: ( a ) require the master of any vessel in Singapore to heave to; ( b ) by direction to the master of any vessel or the pilot of any aircraft in Singapore, require the vessel or aircraft (as the case may be) not to proceed until so authorised; ( c ) require any documents which ought to be on board any vessel or aircraft, being documents relating to any goods therein, to be brought to the senior authorised officer for inspection; ( d ) break open and forcibly enter any place or receptacle in any conveyance to which the senior authorised officer cannot otherwise reasonably obtain access; ( e ) by direction to the master of any vessel in Singapore, require the vessel to proceed to any specified anchorage, wharf or place to which the vessel may lawfully go; ( f ) by direction to the master of any vessel in Singapore, require the master to move or discharge any cargo or other goods therein; ( g ) require the person in charge of a vehicle — (i) to stop and not to proceed until so authorised; or (ii) to bring the vehicle to any police station or examination station; ( h ) direct that the removal of any goods from or placed in any vessel be prohibited until so authorised; ( i ) require the master of any vessel or the pilot of any aircraft to produce a complete manifest of the whole cargo of the vessel or aircraft and a complete list of stores carried by that vessel or aircraft. (3) An authorised officer may exercise, in respect of any vehicle or any vessel not exceeding 75 tons net tonnage, the powers which are conferred upon a senior authorised officer by subsection (2) other than the powers conferred by paragraph ( d ) of that subsection. (4) It is presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer. (5) If any vessel or aircraft fails to comply with any lawful requisition or direction given or made under this section, a senior authorised officer may take all such steps as appear to the senior authorised officer necessary to secure such compliance. (6) Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. (7) An authorised officer may exercise the powers conferred by this section in respect of a vessel under way if the authorised officer reasonably suspects that it is not in transit through Singapore.


document_id: tma-1998
provision_ref: s95
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 95
title: Examination of packages, etc.
content:
95. —(1) Any goods, package, box, chest or other article which is being or has recently been imported, or is being exported, and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be seized under section 82 or 93A may be — ( a ) examined and searched by an authorised officer or detained until any person in charge thereof has opened it for examination and search; ( b ) subjected to such infringement verification, or tests or analysis as the authorised officer thinks fit; ( c ) forcibly opened by, or by order of, a senior authorised officer to facilitate the examination and search except that any person in charge of the package, box, chest or other article must be afforded every reasonable facility for being present at the opening, examination and search; or ( d ) marked, locked, sealed or otherwise secured by an authorised officer pending examination and search. [34/2018] (2) Any person, other than an authorised officer, who removes, opens, breaks or tampers with any mark, lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)( d ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. (3) In this section, “infringement verification” means any process (whether or not involving the proprietor of the registered trade mark concerned) to determine if any article is or contains goods liable to be seized under section 82(4) or 93A. [34/2018]


document_id: tma-1998
provision_ref: s96
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 96
title: Power to remove packages and goods to police station or examination station
content:
96. —(1) For the more convenient exercise of the powers conferred by section 95, an authorised officer may remove any package, box, chest or other article or any goods to a police station or examination station or may require it to be so removed by the owner thereof or the owner’s agent or any person having the custody, charge or control thereof. (2) Any person who fails to comply with any such requisition shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000. (3) Upon the failure by a person to comply with such a requisition, an authorised officer may remove the package, box, chest, article or goods (as the case may be) in the manner provided by subsection (1) and all the expenses of such removal (as certified by a senior authorised officer) are recoverable as a fine from that person or from the owner of the package, box, chest, article or goods (as the case may be). [34/2018]


document_id: tma-1998
provision_ref: s97
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 97
title: Search of persons and baggage
content:
97. —(1) Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, must — ( a ) on demand by an authorised officer, either permit his or her person and goods and baggage to be searched by the officer for any goods liable to be seized under section 82 or 93A or, together with the goods and baggage, accompany the officer to a police station or an examination station, and there permit his or her person and goods and baggage to be searched in the presence and under the supervision of a senior authorised officer for any goods liable to be seized under section 82 or 93A; or ( b ) on demand by a senior authorised officer, permit his or her person and goods and baggage to be searched by the officer, or in the presence and under the supervision of the officer, for any goods liable to be seized under section 82 or 93A. [34/2018] (2) Whenever it is necessary to cause a woman to be searched, the search must be made by another woman and with strict regard to decency. (3) The goods and baggage of any person who requests to be present when they are searched must not be searched except in his or her presence, unless he or she fails to be present after being given reasonable facility for being present. (4) Any person who refuses to comply with any lawful demand made under this section may be arrested without warrant by the officer making the demand.


document_id: tma-1998
provision_ref: s98
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 98
title: Powers of authorised officers to enter certain premises
content:
98. —(1) For the purpose of exercising the powers conferred by sections 94 to 97, an authorised officer may, without warrant, enter upon — ( a ) any islet, landing place, wharf, dock, railway or quay; ( b ) any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act 1996; or ( c ) any premises of any airport operated under a licence or exemption under the Civil Aviation Authority of Singapore Act 2009. [34/2018] (2) In this section, “railway” has the meaning given by the Railways Act 1905. [34/2018] Division 5 &#x2014; Miscellaneous provisions [34/2018]


document_id: tma-1998
provision_ref: s99
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 99
title: Obstruction
content:
99. Any person who — ( a ) refuses any authorised officer or senior authorised officer access to any vessel, aircraft, vehicle or place which the officer is entitled to under this Part; or ( b ) obstructs or hinders any authorised officer or senior authorised officer in the execution of any power conferred upon that officer by this Part, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: tma-1998
provision_ref: s100
chapter: PART 10 - ASSISTANCE BY BORDER AUTHORITIES
section: 100
title: Protection from personal liability
content:
100. No liability shall lie personally against the Director-General, an authorised officer, a senior authorised officer, or any person acting under the direction of the Director-General for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Part; ( b ) the performance or purported performance of any function or the discharge or purported discharge of any duty under this Part; or ( c ) the compliance or purported compliance with this Part. [34/2018]


document_id: tma-1998
provision_ref: s101
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 101
title: Registration to be prima facie evidence
content:
101. In all legal proceedings relating to a registered trade mark or any right thereunder (including proceedings for rectification of the register) — ( a ) the register is prima facie evidence of anything contained therein; ( b ) the registration of the prescribed particulars of any registrable transaction under section 39 is prima facie evidence of the transaction; and ( c ) the registration of a person as proprietor of a registered trade mark is prima facie evidence of — (i) the validity of the original registration; and (ii) any subsequent assignment or other transmission of the registration.


document_id: tma-1998
provision_ref: s102
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 102
title: Certificate of validity of contested registration
content:
102. —(1) If in any proceedings before the Registrar or the Court the validity of the registration of a trade mark to any extent is contested and it is found by the Registrar or the Court that the registration of the trade mark is wholly or partially valid, the Registrar or the Court may give a certificate to that effect and the fact that the validity of the registration was so contested. [23/2019] (2) Where a certificate is given under subsection (1) and in subsequent proceedings before the Registrar or the Court — ( a ) the validity of the registration is again questioned; and ( b ) the proprietor obtains a final order or judgment in the proprietor’s favour relying on the validity of the registration as found in the earlier proceedings, the proprietor is entitled to the proprietor’s costs as between solicitor and client unless the Registrar or the Court directs otherwise. [23/2019] (3) Subsection (2) does not extend to the costs of an appeal in any such proceedings.


document_id: tma-1998
provision_ref: s103
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 103
title: Certificate of Registrar
content:
103. A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing which the Registrar is authorised to make or do under this Act, is prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.


document_id: tma-1998
provision_ref: s104
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 104
title: Costs of proceedings before Court
content:
104. In all proceedings before the Court under this Act, the Court may award to any party (including the Registrar) such costs as it may consider reasonable, but the Registrar is not to be ordered to pay the costs of any other of the parties.


document_id: tma-1998
provision_ref: s105
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 105
title: Burden of proving use of trade mark
content:
105. If in any civil proceedings under this Act a question arises as to the use to which a registered trade mark has been put, it is for the proprietor to show what use has been made of it.


document_id: tma-1998
provision_ref: s105A
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 105A
title: Composition of offences
content:
105A. —(1) The Registrar or any person authorised in writing by the Registrar 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. [Act 23 of 2019 wef 10/06/2022] (2) The Office may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. (3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund. [Act 23 of 2019 wef 10/06/2022]


document_id: tma-1998
provision_ref: s106
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 106
title: Jurisdiction of Courts
content:
106. A District Court or a Magistrate’s Court has jurisdiction to hear and determine all offences under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of any such offence.


document_id: tma-1998
provision_ref: s107
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 107
title: Offence committed by partnership or body corporate
content:
107. —(1) Proceedings for an offence under this Act alleged to have been committed by a partnership must be brought against the partnership in the name of the firm and not in that of the partners; but without affecting any liability of the partners under subsection (3). (2) A fine imposed on a partnership on its conviction in such proceedings must be paid out of the partnership assets. (3) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he or she as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.


document_id: tma-1998
provision_ref: s108
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 108
title: Power to make rules
content:
108. —(1) The Minister may make rules — ( a ) for any purpose for which rules are authorised or required to be made under this Act; ( b ) for prescribing matters authorised or required by this Act to be prescribed; ( c ) for prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; ( d ) for prescribing matters necessary or convenient to be prescribed for the conduct of any proceedings or other matter before the Registrar. [3/2007] (2) Without limiting subsection (1), the rules may make provision — ( a ) as to the practice and procedure of any proceedings or other matter before the Registrar; ( b ) as to the manner of filing of applications or other documents; ( c ) requiring persons to make such statutory declarations as may be prescribed in support of any application, notice or request; ( d ) requiring and regulating the translation of documents and the filing and authentication of any translation; ( e ) as to the service of documents; ( ea ) to enable the Registrar to publish — (i) an application to rectify an error or omission in the register; and (ii) a request to amend an application, a notice or other document, and to provide for the making of objections to the rectification or amendment by a person claiming to be affected by it; [Act 7 of 2022 wef 26/05/2022] ( f ) authorising the rectification of irregularities of procedure; ( g ) prescribing time limits for anything required to be done in connection with any proceedings under this Act; ( h ) for the extension of any time limit which has been prescribed, or which the Registrar has specified, and which has not expired; ( i ) as to the giving of evidence in proceedings before the Registrar under this Act by affidavit or statutory declaration; [Act 7 of 2022 wef 26/05/2022] ( ia ) for the continued processing of an application that is treated as withdrawn; and [Act 7 of 2022 wef 26/05/2022] ( j ) for the reinstatement of — (i) [ Deleted by Act 7 of 2022 wef 26/05/2022 ] (ii) any right which has been abrogated, or thing which has ceased to be in force or to exist, by reason of a failure to comply with any time limit which has been prescribed or which the Registrar has specified, and the conditions for such reinstatement. [42/2005; 3/2007]


document_id: tma-1998
provision_ref: s109
chapter: PART 11 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 109
title: Transitional provisions
content:
109. —(1) The provisions of the Third Schedule have effect with respect to transitional matters on 15 January 1999. (2) [ Deleted by Act 31 of 2022 wef 01/11/2022 ]


document_id: tpa-1974
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “approved institution” means any approved permanent premises within the meaning of section 2(1) of the Healthcare Services Act 2020 — ( a ) at which the holder of a licence granted under that Act is approved to provide any one or more of the following licensable healthcare services: (i) an acute hospital service; (ii) an ambulatory surgical centre service; (iii) an outpatient medical service; and ( b ) that is for the time being approved by the Minister for the purposes of this Act; [Act 19 of 2025 wef 05/12/2025] “authorised medical practitioner” means any medical practitioner who is authorised under any regulations made under this Act to carry out treatment to terminate pregnancy; “law relating to abortion” means sections 312, 313, 314, and 315 of the Penal Code 1871; “licensable healthcare service” has the meaning given by section 3(1) of the Healthcare Services Act 2020; [Act 19 of 2025 wef 05/12/2025] “medical practitioner” means any person registered under the Medical Registration Act 1997. [26/2001]


document_id: tpa-1974
provision_ref: s3
section: 3
title: Medical termination of pregnancy
content:
3. —(1) Subject to the provisions of this Act, a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by an authorised medical practitioner acting on the request of a pregnant woman and with her written consent. (2) Except as provided by section 10, every treatment to terminate pregnancy must be carried out by an authorised medical practitioner in an approved institution. [26/2001] (3) No treatment to terminate pregnancy may be carried out by an authorised medical practitioner unless the pregnant woman — ( a ) is a citizen of Singapore or is the wife of a citizen of Singapore; ( b ) is the holder, or is the wife of a holder, of a work pass issued under the Employment of Foreign Manpower Act 1990; or ( c ) has been resident in Singapore for a period of at least 4 months immediately preceding the date on which the treatment is to be carried out, but this subsection does not apply to any treatment to terminate pregnancy which is immediately necessary to save the life of the pregnant woman. [30/2007] (4) Any person who contravenes or fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: tpa-1974
provision_ref: s4
section: 4
title:
Treatment to terminate pregnancy not to be carried out if pregnancy is of more than a certain duration unless in special circumstances

content:
4. —(1) No treatment to terminate pregnancy may be carried out — ( a ) if the pregnancy is of more than 24 weeks’ duration, unless the treatment is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman; or ( b ) if the pregnancy is of more than 16 weeks’ duration but less than 24 weeks’ duration, unless the treatment is carried out by an authorised medical practitioner who — (i) is in possession of the prescribed surgical or obstetric qualifications; or (ii) has acquired special skill in such treatment either in practice or by virtue of holding an appointment in an approved institution over the prescribed period. [26/2001] (2) For the purposes of subsection (1), the duration of the pregnancy is calculated from the first day of the last normal menstruation of the pregnant woman to the end of the 24th week or to the end of any week between the 16th and the 24th week (as the case may be) or the duration of the pregnancy may be ascertained by clinical examination.


document_id: tpa-1974
provision_ref: s5
section: 5
title: Coercion or intimidation
content:
5. Any person who, by means of coercion or intimidation, compels or induces a pregnant woman against her will to undergo treatment to terminate pregnancy shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: tpa-1974
provision_ref: s6
section: 6
title: Conscientious objection to participate in treatment to terminate pregnancy
content:
6. —(1) Subject to subsection (3), no person is under any duty, whether by contract or by any statutory or legal requirement, to participate in any treatment to terminate pregnancy authorised by this Act to which the person has a conscientious objection. (2) In any legal proceedings the burden of proof of conscientious objection mentioned in subsection (1) rests on the person claiming to rely on it and that burden may be discharged by that person testifying on oath or affirmation that he or she has a conscientious objection to participating in any treatment to terminate pregnancy. (3) Nothing in subsection (1) affects any duty to participate in any treatment which is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of a pregnant woman.


document_id: tpa-1974
provision_ref: s7
section: 7
title: Privilege against disclosure of matters relating to treatment to terminate pregnancy
content:
7. —(1) A person who — ( a ) is concerned with the keeping of medical records in connection with any treatment to terminate pregnancy; or ( b ) participates in any treatment to terminate pregnancy, must not, unless the pregnant woman expressly consents to the disclosure, disclose any facts or information relating to the treatment except to such persons and for such purposes as may be prescribed. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: tpa-1974
provision_ref: s8
section: 8
title: Power to inspect approved institutions and examine records, etc.
content:
8. Any public officer, appointed by the Minister for the purpose, has power to enter any approved institution for the purpose of ensuring that the provisions of this Act, and any regulations made under this Act, are being complied with and may examine and make copies of or take extracts from any records or documents connected with any treatment to terminate pregnancy. 9. [ Repealed by Act 26 of 2001 ]


document_id: tpa-1974
provision_ref: s10
section: 10
title: Relief from certain restrictions where treatment consists solely of drugs
content:
10. Despite anything in this Act, where the treatment to terminate pregnancy consists solely of the use of drugs prescribed by an authorised medical practitioner and does not, therefore, include any surgical operation or procedure, it is not necessary — ( a ) for the authorised medical practitioner to hold the prescribed qualifications or to have acquired skill in the treatment over the prescribed period; and ( b ) for the treatment to be carried out in an approved institution. [26/2001]


document_id: tpa-1974
provision_ref: s11
section: 11
title: Regulations
content:
11. —(1) The Minister may make regulations for, or in respect of, every purpose which the Minister considers necessary for carrying out the provisions of this Act and for prescribing any matter which is authorised or required under this Act to be so prescribed. (2) Without limiting subsection (1), the Minister may make regulations — ( a ) requiring authorised medical practitioners to keep records of termination of pregnancy and to forward the records to the Director‑General of Health together with any information relating to the termination that the Director‑General may require; [Act 11 of 2023 wef 01/05/2023] ( b ) providing for the preservation and disposal of records in respect of the treatment to terminate pregnancy and for the use of the records for statistical or research purposes so long as such use does not disclose the identities of the persons who have received the treatment under this Act; ( c ) providing for the general or limited authorisation of medical practitioners to carry out treatment to terminate pregnancy; ( d ) prescribing the qualifications and experience of medical practitioners for the purpose of being authorised to carry out treatment to terminate pregnancy; and ( e ) prescribing the form of consent to be given by a pregnant woman undergoing treatment to terminate pregnancy.


document_id: tpa-1990
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Governors of the Polytechnic established pursuant to this Act; “officers” means the officers of the Polytechnic; “Polytechnic” means the Temasek Polytechnic established and incorporated under this Act; “Polytechnic Constitution” means the Constitution of the Polytechnic set out in the Schedule; “Principal” means the Principal of the Polytechnic, and includes any individual acting in that capacity; “registered student” means a student registered for a course or subject in the Polytechnic leading to the award of a diploma or certificate of the Polytechnic; “Registrar” means the Registrar of the Polytechnic; “regulations” means the regulations made under the Polytechnic Constitution; “Senate” means the Senate of the Polytechnic established pursuant to this Act. [5/2018]


document_id: tpa-1990
provision_ref: s3
section: 3
title: Establishment and incorporation of Temasek Polytechnic
content:
3. —(1) A Polytechnic called the Temasek Polytechnic is established, consisting of a Board of Governors, a Senate, the members of the academic staff and the officers of the Polytechnic. (2) The Polytechnic is a body corporate with perpetual succession and a common seal and is by that name capable in law of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering all other acts or things that bodies corporate may lawfully do or suffer.


document_id: tpa-1990
provision_ref: s4
section: 4
title: Objects and powers of Polytechnic
content:
4. —(1) The objects of the Polytechnic are — ( a ) to provide instruction and training in technology, science, commerce, arts and other subjects of learning; ( b ) to aid by research and other means the advancement of knowledge and its practical application; and ( c ) to promote the exchange of knowledge and skills with business and industry. (2) The Polytechnic may — ( a ) provide any facilities for its students that it considers desirable; ( b ) institute and make appointments to lectureships and other posts and offices and employ any other staff that the Polytechnic considers necessary; ( c ) fix, demand and receive fees and other charges, including charges for the late payment of any such fee or charge; [Act 4 of 2008 wef 01/04/2024] ( d ) promote the formation of or acquire any interest in any undertaking; and ( e ) do all things that may be necessary, incidental or conducive to the attainment of all or any of its objects.


document_id: tpa-1990
provision_ref: s4A
section: 4A
title: Validation of collection of charge for late payment of fee or charge
content:
4A. Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any fee or charge referred to in section 4(2)( c ) shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection. [Act 4 of 2008 wef 01/04/2024]


document_id: tpa-1990
provision_ref: s5
section: 5
title: Board of Governors and Senate, their constitutions, powers and duties
content:
5. —(1) The respective constitutions, functions, powers and duties of the Board and the Senate are prescribed by this Act and the Polytechnic Constitution. (2) The Board is, subject to the provisions of this Act and the Polytechnic Constitution, the supreme governing body of the Polytechnic and, subject to the provisions of this Act and the Polytechnic Constitution, it must administer the property and manage the affairs of the Polytechnic. (3) Subject to the provisions of this Act, the Public Sector (Governance) Act 2018 and the Polytechnic Constitution and to the financial control of the Board, the Senate has the regulation of all matters relating to education in the Polytechnic. [5/2018] (4) No act or resolution of the Board or the Senate is invalid by reason only of any vacancy in, or any want to qualification by or invalidity in the election or appointment of any member of, the Board or the Senate.


document_id: tpa-1990
provision_ref: s6
section: 6
title: Schools of Polytechnic
content:
6. —(1) There are to be Schools of Science and Technology, Business and Design and any other Schools constituted by the Board on the recommendation of the Senate. (2) There is to be a head of each School with the powers conferred by the Board. (3) The Board may, on the recommendation of the Senate, form, dissolve or reform any School and any department, centre, unit and other subdivisions of any School as it may consider desirable.


document_id: tpa-1990
provision_ref: s7
section: 7
title: Committees generally
content:
7. —(1) The Board, the Senate and the Principal respectively may establish any committees that they think fit. (2) Unless otherwise expressly provided, any committee may consist partly of persons who are not members of the Board or the Senate or officers of the Polytechnic, as the case may be. (3) Subject to the provisions of this Act, the Public Sector (Governance) Act 2018 and the Polytechnic Constitution, the Board, the Senate and the Principal respectively may, with or without restrictions or conditions as they think fit, delegate any of their powers and duties to any committee. [5/2018]


document_id: tpa-1990
provision_ref: s8
section: 8
title: Officers and academic staff, their appointments, powers, duties and emoluments
content:
8. —(1) The officers of the Polytechnic are the Principal, one or more Deputy Principals, the heads of the Schools, the Registrar and any other persons who are appointed by the Board as officers of the Polytechnic. (2) The Principal, the Deputy Principals and the Registrar and other officers must be appointed by the Board in accordance with the Polytechnic Constitution. (3) The academic staff of the Polytechnic are the heads of the Schools, lecturers and any other persons designated as members of the academic staff by the Polytechnic Constitution and they are to be appointed by the Board on the recommendation of the Principal. (4) The powers and duties of the officers and members of the academic staff, the periods and conditions for and upon which they hold office and their emoluments are as prescribed by this Act, the Polytechnic Constitution and the terms of their respective appointments; but the Board may assign to any officer, and in the case of any member of the academic staff on the recommendation of the Principal, such further powers and duties as the Board may think fit. 8A. [ Repealed by Act 5 of 2018 ]


document_id: tpa-1990
provision_ref: s9
section: 9
title: Polytechnic Constitution
content:
9. —(1) Subject to the provisions of this Act, the Polytechnic is governed in accordance with the provisions of the Polytechnic Constitution set out in the Schedule. (2) The Minister may, after consulting the Board, make any addition or amendment to or re‑enact with amendments the Polytechnic Constitution. (3) Every addition, amendment and re‑enactment of the Polytechnic Constitution made in accordance with subsection (2) must be published in the Gazette and may be published in such other manner as the Board may direct. (4) The Interpretation Act 1965 applies for the purposes of the interpretation of the Polytechnic Constitution as it applies for the purposes of the interpretation of an Act, and all expressions defined in this Act bear the same meaning when used in the Polytechnic Constitution, unless other provision is made in the Polytechnic Constitution, or a contrary intention otherwise appears. (5) Regulations made under the Polytechnic Constitution need not be published in the Gazette and are not subsidiary legislation.


document_id: tpa-1990
provision_ref: s10
section: 10
title: Examinations
content:
10. All examinations held by the Polytechnic must be conducted in the manner prescribed by the Polytechnic Constitution and the regulations.


document_id: tpa-1990
provision_ref: s11
section: 11
title: Power to confer diplomas, etc.
content:
11. The Polytechnic has power — ( a ) to award diplomas and certificates and any other academic distinctions specified in the regulations; and ( b ) to provide such lectures and instruction for persons who are not registered students as the Polytechnic may determine, and to grant certificates to those persons.


document_id: tpa-1990
provision_ref: s12
section: 12
title: Form of contracts
content:
12. —(1) Contracts on behalf of the Polytechnic may be made as follows: ( a ) a contract which, if made between private persons, would be required by law to be in writing, and if made according to law to be under seal, may be made on behalf of the Polytechnic in writing under the common seal of the Polytechnic; ( b ) a contract which, if made between private persons, would be required by law to be in writing, and signed by the parties to be charged with the contract, may be made on behalf of the Polytechnic in writing signed by any person acting under the express or implied authority of the Board; ( c ) a contract which, if made between private persons would be valid by law, although made by parol only and not reduced into writing, may be made by parol on behalf of the Polytechnic by any person acting under the express or implied authority of the Board. (2) A contract made according to this section is effectual in law and binds the Polytechnic and its successors and all other parties to the contract. (3) A contract made according to this section may be varied or discharged in the same manner in which it is authorised by this section to be made.


document_id: tpa-1990
provision_ref: s13
section: 13
title: Common seal
content:
13. —(1) The common seal of the Polytechnic may be broken, changed, altered and made anew as the Board thinks fit and must be kept in such custody as the Board directs. (2) The common seal of the Polytechnic must not be used except by resolution of the Board or in any other manner authorised by the Polytechnic Constitution. (3) All courts and persons acting judicially are to take judicial notice of the common seal of the Polytechnic affixed to any document and, until the contrary is proved, are to assume that it was duly affixed.


document_id: tpa-1990
provision_ref: s14
section: 14
title: Grants-in-aid
content:
14. —(1) The Minister must pay to the Polytechnic such moneys as may be provided by Parliament as grants‑in‑aid to the Polytechnic. (2) All moneys paid to the Polytechnic under subsection (1) may be applied or expended by the Polytechnic for the attainment of all or any of the objects of the Polytechnic.


document_id: tpa-1990
provision_ref: s15
section: 15
title: Issue of shares, etc.
content:
15. As a consequence of the vesting of any property, rights or liabilities of the Government in the Polytechnic under this Act, or of any capital injection or other investment by the Government in the Polytechnic in accordance with any written law, the Polytechnic must issue such shares or other securities to the Minister for Finance as that Minister may direct. [14A [5/2002]


document_id: tpa-1990
provision_ref: s16
section: 16
title: Application of Societies Act 1966 to Students’ Union
content:
16. —(1) Despite anything to the contrary in the Societies Act 1966, the provisions of that Act apply to the Temasek Polytechnic Students’ Union and its constituent bodies constituted by the regulations. (2) The Minister charged with the responsibility for societies may, by order in the Gazette , exempt the Temasek Polytechnic Students’ Union and any of its constituent bodies from all or any of the provisions of the Societies Act 1966 subject to any conditions specified in the order. [20


document_id: tpcso-1899
provision_ref: s2
section: 2
title: The Treasurer of the Presbyterian Church in Singapore to be a body corporate
content:
2. —(1) Francis Warrack and his successors for the time being in the office of Treasurer of the said congregation, duly qualified as hereinafter provided, shall be a body corporate, hereinafter called the Corporation, and shall for the purposes of this Ordinance have the name of “The Treasurer of the Presbyterian Church in Singapore”, and by that name have perpetual succession and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered and made anew as the Corporation thinks fit. (3) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may sell, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of any movable and immovable property vested in the Corporation upon such terms as the Corporation thinks fit.


document_id: tpcso-1899
provision_ref: s3
section: 3
title: Use of corporate seal
content:
3. —(1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the said Francis Warrack or his attorney duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886, or in the presence of his successor for the time being in the said office of Treasurer or his attorney duly authorised as aforesaid, and shall also be signed by the said Francis Warrack or his said attorney or by his said successor or his said attorney. (2) Such signing shall be sufficient evidence of the due sealing of such deeds, documents and other instruments.


document_id: tpcso-1899
provision_ref: s4
section: 4
title: Qualification of Treasurer
content:
4. —(1) No successor of the said Francis Warrack in the office of Treasurer of the said congregation shall be deemed to be duly qualified as aforesaid unless and until he has caused an extract from the minutes of the Board of Managers of the said congregation appointing him such Treasurer, certified as correct by the Chairman of the Board, to be filed in the office of the Minister of the Colony, and unless and until a notification of such filing has appeared in the Gazette . (2) Such notification shall be sufficient evidence of the appointment and that the person named therein is duly qualified as by this Ordinance is required.


document_id: tpcso-1899
provision_ref: s5
section: 5
title: Corporation appointed trustee of property described in Schedules
content:
5. —(1) The persons now trustees of the said indenture of 14 February 1879, and of the Statutory Land Grant of 16 August 1892, are hereby removed from their offices of trustees. (2) The Corporation is hereby appointed sole trustee of the said instruments in place of them notwithstanding the provisions contained in the said instruments, providing against the number of the trustees thereof not being less than 2, and the powers of appointing new trustees contained in the said instruments are hereby cancelled.


document_id: tpcso-1899
provision_ref: s6
section: 6
title: Property described in First Schedule vested in Corporation
content:
6. The pieces of land described in the First Schedule are hereby vested for the respective residues of the said terms of 999 years mentioned in the First Schedule in the Corporation, subject to the payment of the rents and to the observance and performance of the covenants and conditions contained in the leases mentioned in the First Schedule, and subject also to the said 31 indentures of leases, but nevertheless upon the trusts contained in the said indenture of 14 February 1879.


document_id: tpcso-1899
provision_ref: s7
section: 7
title: Property described in Second Schedule vested in Corporation
content:
7. The piece of land described in the Second Schedule is hereby vested in the Corporation for an estate in fee simple, but nevertheless upon the trusts contained in the said Statutory Land Grant of 16 August 1892.


document_id: tpcso-1899
provision_ref: s8
section: 8
title: Saving of Government and other rights
content:
8. Nothing in this Ordinance shall affect the rights of the Government, or of any bodies politic or corporate, or of other persons than such as are trustees of the said indenture of 14 February 1879, and of the said Statutory Land Grant of 16 August 1892. [7/97]


document_id: tpraia-1930
provision_ref: s1
section: 1
title: Rights of third parties against insurers on bankruptcy, etc., of the insured
content:
1. —(1) Where under any contract of insurance a person (referred to in this Act as the insured) is insured against liabilities to third parties which he may incur, then — ( a ) in the event of the insured becoming bankrupt or making a composition or arrangement with his creditors; or ( b ) in the case of the insured being a company, in the event of a winding‑up order being made, or a resolution for a voluntary winding up being passed, with respect to the company, or of a receiver or manager of the company’s business or undertaking being duly appointed, or of possession being taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured, his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything in any Act or rule of law to the contrary, be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order is made under section 419 of the Insolvency, Restructuring and Dissolution Act 2018, for the administration of the estate of a deceased debtor according to the law of bankruptcy, then, if any debt provable in bankruptcy is owing by the deceased in respect of a liability against which he was insured under a contract of insurance as being a liability to a third party, the deceased debtor’s rights against the insurer under the contract in respect of that liability shall, notwithstanding anything in that Act, be transferred to and vest in the person to whom the debt is owing. [40/2018] (3) In so far as any contract of insurance in respect of any liability of the insured to third parties purports, directly or indirectly, to avoid the contract or to alter the rights of the parties thereunder upon the happening to the insured of any of the events specified in paragraph ( a ) or ( b ) of subsection (1) or upon the making of an order under section 419 of the Insolvency, Restructuring and Dissolution Act 2018, in respect of his estate, the contract shall be of no effect. [40/2018] (4) Upon a transfer under subsection (1) or (2), the insurer shall, subject to section 3, be under the same liability to the third party as he would have been under to the insured, but — ( a ) if the liability of the insurer to the insured exceeds the liability of the insured to the third party, nothing in this Act shall affect the rights of the insured against the insurer in respect of the excess; and ( b ) if the liability of the insurer to the insured is less than the liability of the insured to the third party, nothing in this Act shall affect the rights of the third party against the insured in respect of the balance. (5) For the purposes of this Act, “liabilities to third parties”, in relation to a person insured under any contract of insurance, shall not include any liability of that person in the capacity of insurer under some other contract of insurance. (6) This Act shall not apply — ( a ) where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company; or ( b ) to any case to which section 28(1), (2) and (3) of the Work Injury Compensation Act 2019, or section 19(1), (1A) and (2) of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019, applies. [5/2008; 27/2019]


document_id: tpraia-1930
provision_ref: s2
section: 2
title: Duty to give necessary information to third parties
content:
2. —(1) In the event of any person becoming bankrupt or making a composition or arrangement with his creditors, or in the event of an order being made under section 419 of the Insolvency, Restructuring and Dissolution Act 2018, in respect of the estate of any person, or in the event of a winding‑up order being made, or a resolution for a voluntary winding up being passed, with respect to any company or of a receiver or manager of the company’s business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, it shall be the duty of the bankrupt, debtor, personal representative of the deceased debtor or company, and, as the case may be, of the trustee in bankruptcy, trustee, liquidator, receiver, or manager, or person in possession of the property to give, at the request of any person claiming that the bankrupt, debtor, deceased debtor, or company is under a liability to him, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by this Act and for the purpose of enforcing such rights, if any, and any contract of insurance, in so far as it purports, directly or indirectly, to avoid the contract or to alter the rights of the parties thereunder upon the giving of any such information in the events aforesaid or otherwise to prohibit or prevent the giving thereof in the said events shall be of no effect. [40/2018] (2) If the information given to any person in pursuance of subsection (1) discloses reasonable ground for supposing that there have or may have been transferred to him under this Act rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by that subsection on the persons therein mentioned. (3) The duty to give information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken.


document_id: tpraia-1930
provision_ref: s3
section: 3
title: Settlement between insurers and insured persons
content:
3. Where the insured has become bankrupt or where, in the case of the insured being a company, a winding‑up order has been made or a resolution for a voluntary winding up has been passed, with respect to the company, no agreement made between the insurer and the insured after liability has been incurred to a third party and after the commencement of the bankruptcy or winding up, as the case may be, nor any waiver, assignment, or other disposition made by, or payment made to the insured after the commencement aforesaid shall be effective to defeat or affect the rights transferred to the third party under this Act, but those rights shall be the same as if no such agreement, waiver, assignment, disposition or payment had been made.


document_id: tpraia-1930
provision_ref: s3A
section: 3A
title: Application to limited liability partnerships
content:
3A. This Act applies to limited liability partnerships registered under the Limited Liability Partnerships Act 2005 as it applies to companies. [5/2005]


document_id: tsba-2007
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “armed conflict” does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; “Convention” means the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997; “Convention country” means a foreign country that is a Party to the Convention; “conveyance” includes any vessel, train, vehicle, aircraft and other mode of transport; “country” includes a State or territory, as the case may be; “explosive or other lethal device” means — ( a ) an explosive or other incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage; or ( b ) a weapon or device that is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage through the release, dissemination, or impact of — (i) toxic chemicals, biological agents or toxins or similar substances; or (ii) radiation or radioactive material; “infrastructure facility” means any facility (whether publicly or privately owned) providing or distributing services for the benefit of the public, such as water, sewage disposal, energy, fuel or communications; “military forces of a State” means — ( a ) the armed forces of a State which are organised, trained and equipped under its internal law for the primary purpose of national defence or security; ( b ) civilians who direct or organise the official activities of those armed forces; or ( c ) civilians acting in support of the official activities of those armed forces, if the civilians are under the formal command, control and responsibility of those forces; “place of public use” — ( a ) means those parts of any building, land, street or waterway or other location that are accessible or open to members of the public, whether continuously, periodically or occasionally, and whether for free or on payment of a charge; and ( b ) includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or similar place that is so accessible or open to the public; “public transportation system” means all conveyances, facilities, buildings and objects (whether publicly or privately owned) used in or for services that are available to the public for the transportation of persons or cargo; “State or government facility” means any conveyance or facility (whether permanent or temporary) used or occupied by any of the following persons in connection with their official duties: ( a ) a representative of any government; ( b ) the Head of State of any country; ( c ) the Prime Minister or a minister of any country; ( d ) a member of the legislature or judiciary of any country; ( e ) an official or employee of any government or of any intergovernmental organisation; “terrorist bombing offence” means — ( a ) any of the offences under section 3; ( b ) conspiracy to commit any of those offences; ( c ) inciting another to commit any of those offences; ( d ) attempting to commit any of those offences; or ( e ) aiding, abetting, counselling or procuring the commission of any of those offences.


document_id: tsba-2007
provision_ref: s3
section: 3
title: Terrorist bombing
content:
3. —(1) Every person who intentionally and without lawful excuse delivers, places, discharges or detonates an explosive or other lethal device in, into or against — ( a ) a place of public use; ( b ) a State or government facility; ( c ) a public transportation system; or ( d ) an infrastructure facility, with intent to cause death or serious bodily injury, or extensive destruction of such place, facility or system that results in or is likely to result in major economic loss, shall be guilty of an offence and shall on conviction — ( e ) if he or she had intended to cause death or serious bodily injury and death is caused, be punished with death; or ( f ) in any other case, be punished with life imprisonment. (2) Subsection (1) does not apply to — ( a ) the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law; or ( b ) activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.


document_id: tsba-2007
provision_ref: s4
section: 4
title: Information about acts of terrorist bombing
content:
4. —(1) Every person in Singapore who has information which the person knows or believes may be of material assistance — ( a ) in preventing the commission by another person of a terrorist bombing offence; or ( b ) in securing the apprehension, prosecution or conviction of another person, in Singapore, for a terrorist bombing offence, and who fails to disclose the information immediately to a police officer 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 5 years or to both. (2) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section. (3) A person who makes a disclosure in good faith under this section is not to be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct.


document_id: tsba-2007
provision_ref: s5
section: 5
title: Assistance in criminal matters for Convention offences
content:
5. —(1) For the purposes of the provision of assistance under Part 3 of the Mutual Assistance in Criminal Matters Act 2000 to a foreign country for a criminal matter involving a relevant offence of that country, the relevant offence is deemed not to be an offence of a political character. (2) In this section — “criminal matter” has the meaning given by section 2(1) of the Mutual Assistance in Criminal Matters Act 2000; “relevant offence”, in relation to a foreign country, means an offence against the law of that country that consists of or includes conduct which, if it had occurred in Singapore, would have constituted a terrorist bombing offence.


document_id: tsba-2007
provision_ref: s7
section: 7
title: Extraterritoriality
content:
7. Every person who, outside Singapore, commits an act or omission that, if committed in Singapore, would constitute a terrorist bombing offence is deemed to commit the act or omission in Singapore and may be proceeded against, charged, tried and punished accordingly.


document_id: tsba-2007
provision_ref: s8
section: 8
title: No prosecution without Public Prosecutor’s consent
content:
8. A prosecution under this Act must not be instituted except by or with the consent of the Public Prosecutor.


document_id: tsfa-2002
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “entity” means a person, group, trust, partnership or fund or an unincorporated association or organisation; “police officer” includes a Commercial Affairs Officer mentioned in section 64 of the Police Force Act 2004; “property” means — ( a ) assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and ( b ) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit; “terrorism financing offence” means — ( a ) any offence under section 3, 4, 5 or 6; ( b ) conspiracy to commit any of those offences; ( c ) inciting another to commit any of those offences; ( d ) attempting to commit any of those offences; or ( e ) aiding, abetting, counselling or procuring the commission of any of those offences; “terrorist” means any person who — ( a ) commits, or attempts to commit, any terrorist act; or ( b ) participates in or facilitates the commission of any terrorist act, and includes any person set out in the First Schedule; “terrorist entity” means any entity owned or controlled by any terrorist or group of terrorists and includes an association of such entities, and any entity set out in the First Schedule. [17/2013; 4/2014] (2) Subject to subsection (3), for the purposes of this Act, “terrorist act” means the use or threat of action — ( a ) where the action — (i) involves serious violence against a person; (ii) involves serious damage to property; (iii) endangers a person’s life; (iv) creates a serious risk to the health or the safety of the public or a section of the public; (v) involves the use of firearms or explosives; (vi) involves releasing into the environment or any part thereof, or distributing or otherwise exposing the public or any part thereof to — (A) any dangerous, hazardous, radioactive or harmful substance; (B) any toxic chemical; or (C) any microbial or other biological agent, or toxin; (vii) disrupts, or seriously interferes with, any public computer system or the provision of any service directly related to communications infrastructure, banking and financial services, public utilities, public transportation or public key infrastructure; (viii) disrupts, or seriously interferes with, the provision of essential emergency services such as the police, civil defence and medical services; or (ix) involves prejudice to public security or national defence; and ( b ) where the use or threat is intended or reasonably regarded as intending to — (i) influence or compel the Government, any other government, or any international organisation to do or refrain from doing any act; or (ii) intimidate the public or a section of the public, and includes any action specified in the Second Schedule. [17/2013] (3) Despite anything in subsection (2), a terrorist act does not include the activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law. (4) For the purposes of subsection (2) — ( a ) a reference to any person or property is a reference to any person or property wherever situated, within or outside Singapore; and ( b ) a reference to the public includes a reference to the public of a country or territory other than Singapore. (5) In subsection (3), “military forces of a State” means the armed forces of a State which are organised, trained and equipped under its internal law for the primary purpose of national defence or security and persons acting in support of those armed forces who are under their formal command, control and responsibility.


document_id: tsfa-2002
provision_ref: s3
chapter: PART 2 - TERRORIST PROPERTY
section: 3
title: Prohibition against providing or collecting property for terrorist acts
content:
3. —(1) Every person who directly or indirectly, wilfully and without lawful excuse, provides or collects property — ( a ) with the intention that the property be used; or ( b ) knowing or having reasonable grounds to believe that the property will be used, in whole or in part, in order to commit any terrorist act, shall be guilty of an offence. [17/2013; 51/2018] (2) Any person who acts reasonably in taking, or omitting to take, measures to avoid committing an offence under subsection (1) shall not be liable in any civil proceedings arising from taking or omitting to take those measures. [51/2018]


document_id: tsfa-2002
provision_ref: s4
chapter: PART 2 - TERRORIST PROPERTY
section: 4
title: Prohibition against provision of property and services for terrorist purposes
content:
4. —(1) Every person who directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services — ( a ) intending that they be used, or knowing or having reasonable grounds to believe that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist act, or for benefiting any person who is facilitating or carrying out such an activity; or ( b ) knowing or having reasonable grounds to believe that, in whole or in part, they will be used by or will benefit any terrorist or terrorist entity, shall be guilty of an offence. [17/2013; 51/2018] (2) Any person who acts reasonably in taking, or omitting to take, measures to avoid committing an offence under subsection (1) shall not be liable in any civil proceedings arising from taking or omitting to take those measures. [51/2018] (3) In this section, a reference to facilitating or carrying out any terrorist act includes a reference to financing the travel of an individual to any place other than the state of which the individual is a citizen or in which the individual resides, in order for the individual to provide or receive any training in facilitating or carrying out any terrorist act. [51/2018]


document_id: tsfa-2002
provision_ref: s5
chapter: PART 2 - TERRORIST PROPERTY
section: 5
title: Prohibition against use or possession of property for terrorist purposes
content:
5. —(1) Every person who — ( a ) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out any terrorist act; or ( b ) possesses property intending that it be used or knowing or having reasonable grounds to believe that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist act, shall be guilty of an offence. [17/2013; 51/2018] (2) Any person who acts reasonably in taking, or omitting to take, measures to avoid committing an offence under subsection (1) shall not be liable in any civil proceedings arising from taking or omitting to take those measures. [51/2018]


document_id: tsfa-2002
provision_ref: s6
chapter: PART 2 - TERRORIST PROPERTY
section: 6
title: Prohibition against dealing with property of terrorists
content:
6. —(1) No person in Singapore and no citizen of Singapore outside Singapore may — ( a ) deal, directly or indirectly, in any property that the person knows or has reasonable grounds to believe is owned or controlled by or on behalf of any terrorist or terrorist entity, including funds derived or generated from property owned or controlled, directly or indirectly, by any terrorist or terrorist entity; ( b ) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing in property mentioned in paragraph ( a ); or ( c ) provide any financial services or any other related services in respect of any property mentioned in paragraph ( a ) to, or for the benefit of, or on the direction or order of, any terrorist or terrorist entity. (2) Any person who contravenes subsection (1) shall be guilty of an offence. [17/2013] (3) Any person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil proceedings arising from having taken or omitted to take the measures, if the person took all reasonable steps to satisfy himself, herself or itself that the relevant property was owned or controlled by or on behalf of any terrorist or terrorist entity.


document_id: tsfa-2002
provision_ref: s6A
chapter: PART 2 - TERRORIST PROPERTY
section: 6A
title: Penalty
content:
6A. Any person who is guilty of an offence under section 3, 4, 5 or 6 shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both; or ( b ) in any other case, to a fine not exceeding the higher of — (i) $1 million; or (ii) twice the value of the property (including funds derived or generated from the property), financial services or other related services, or financial transaction (as the case may be) in respect of which the offence was committed. [17/2013; 51/2018]


document_id: tsfa-2002
provision_ref: s6B
chapter: PART 2 - TERRORIST PROPERTY
section: 6B
title: Abetment, etc., of offence under section 3, 4, 5 or 6
content:
6B. A person who commits an act or omission that would constitute an abetment of, or a conspiracy or an attempt to commit, an offence under section 3, 4, 5 or 6 shall be guilty of an offence and shall be liable on conviction to the same punishment as for the offence under section 3, 4, 5 or 6, as the case may be. [51/2018]


document_id: tsfa-2002
provision_ref: s7
chapter: PART 2 - TERRORIST PROPERTY
section: 7
title: Exemption
content:
7. —(1) Subject to subsection (2), the Minister may, by order in the Gazette , exempt any person in Singapore, or any citizen of Singapore outside Singapore, from section 4(1)( b ) or 6 or both, in respect of any specified activity or transaction or a class of specified activities or transactions carried out by the person or citizen. [17/2013] [S 759/2022] (2) An exemption under subsection (1) from section 4(1)( b ) may not be made in respect of any activity or transaction involving property or services that will be used by or will benefit a terrorist entity. [17/2013] [S 759/2022] (3) An exemption under subsection (1) may be subject to any terms and conditions, including a condition precedent that the person exempted must have a notice of exemption from the Minister or a public officer authorised by the Minister before the exemption takes effect. [17/2013] (4) If a person is exempted under an order made under subsection (1) in respect of any activity or transaction or class of activities or transactions, any other person involved in carrying out — ( a ) the activity or transaction; or ( b ) any activity or transaction in that class of activities or transactions, to which the exemption relates is also exempt from section 4(1)( b ) or 6 or both (whichever applies to the act carried out by that other person), and section 8, if the terms and conditions of the exemption (if any) are met. [17/2013] [S 759/2022]


document_id: tsfa-2002
provision_ref: s8
chapter: PART 3 - DISCLOSURE AND TIPPING-OFF
section: 8
title: Duty to disclose
content:
8. —(1) Every person in Singapore and every citizen of Singapore outside Singapore who — ( a ) has possession, custody or control of any property belonging to any terrorist or terrorist entity; or ( b ) has information about any transaction or proposed transaction in respect of any property belonging to any terrorist or terrorist entity, must immediately inform the Commissioner of Police of that fact or information. (2) The Commissioner of Police may require the person mentioned in subsection (1) to provide such further information or particulars as the Commissioner may think fit, and the person must comply with the requirement. [51/2018] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) if the person is an individual, and the property mentioned in subsection (1)( a ) came into the person’s possession, custody or control, or the information or particulars mentioned in subsection (1)( b ) or (2) came to the person’s attention, in the course of the person’s trade, profession, business or employment — to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; ( b ) if the person is an individual, but paragraph ( a ) does not apply — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both; or ( c ) if the person is not an individual, to a fine not exceeding — (i) where subsection (1) was contravened, the higher of — (A) $1 million; or (B) twice the value of the property mentioned in subsection (1)( a ) or ( b ), as the case may be; or (ii) where subsection (2) was contravened, $1 million. [51/2018] (4) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for not informing the Commissioner of Police. (5) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under subsection (1) or (2). (6) In this section, “Commissioner of Police” includes — ( a ) any police officer; and ( b ) any other person authorised by the Commissioner of Police to act for the Commissioner for the purposes of this section.


document_id: tsfa-2002
provision_ref: s9
chapter: PART 3 - DISCLOSURE AND TIPPING-OFF
section: 9
title: Duty to audit
content:
9. —(1) The Minister may, by order in the Gazette , require any person or class of persons to determine on a continuing basis whether they are in possession or control of property owned or controlled by or on behalf of any terrorist or terrorist entity. (2) Any order mentioned in subsection (1) may require any person or class of persons specified in the order to report to such persons and within such regular periods as may be specified in the order — ( a ) whether they are in possession or control of any property mentioned in subsection (1); and ( b ) if they are in possession or control of any property mentioned in subsection (1) — (i) the number of persons, contracts or accounts involved; (ii) the total value of the property involved; (iii) the manner by which the property came to be in its possession; and (iv) such other particulars as may be specified in the order. (3) No criminal or civil proceedings shall lie against a person for making a report in good faith under subsection (2). (4) Any person who contravenes any order made under this section 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 5 years or to both.


document_id: tsfa-2002
provision_ref: s10
chapter: PART 3 - DISCLOSURE AND TIPPING-OFF
section: 10
title: Information about acts of terrorism financing
content:
10. —(1) Every person in Singapore who has information which the person knows or believes may be of material assistance — ( a ) in preventing the commission by another person of a terrorism financing offence; or ( b ) in securing the apprehension, prosecution or conviction of another person, in Singapore, for an offence involving the commission, preparation or instigation of a terrorism financing offence, who fails to disclose the information immediately to a police officer shall be guilty of an offence. [51/2018] (2) Any person who commits an offence under subsection (1) shall be liable on conviction — ( a ) if the person is an individual, and the information came to the person’s attention in the course of the person’s trade, profession, business or employment — to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; ( b ) if the person is an individual, but paragraph ( a ) does not apply — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both; or ( c ) if the person is not an individual, to a fine not exceeding — (i) where a terrorism financing offence was committed, the higher of — (A) $1 million; or (B) twice the value of the property (including funds derived or generated from the property), financial services or other related services, or financial transaction (as the case may be) in respect of which the terrorism financing offence was committed; or (ii) where no terrorism financing offence was committed, $1 million. [51/2018] (3) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for not making the disclosure. (4) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section.


document_id: tsfa-2002
provision_ref: s10A
chapter: PART 3 - DISCLOSURE AND TIPPING-OFF
section: 10A
title: Information and identity of informers not to be disclosed
content:
10A. —(1) Except as provided in subsection (3) — ( a ) no information disclosed by an informer pursuant to section 8, 9 or 10 is to be admitted in evidence in any criminal or civil proceedings; and ( b ) no witness in any criminal or civil proceedings is obliged — (i) to disclose the name and address of any informer; or (ii) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name or address of the informer. [17/2013] (2) If any book, document or paper which is in evidence or liable to inspection in any criminal or civil proceedings contains any entry in which any informer is named or described or which may lead to the informer’s discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. [17/2013] (3) If a court — ( a ) in any proceedings before it for an offence under any written law, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or ( b ) in any other proceedings, is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer, the court may permit inquiry and require full disclosure concerning the informer. [17/2013] (4) In this section, “informer” means a person who makes a disclosure or report pursuant to section 8, 9 or 10. [17/2013]


document_id: tsfa-2002
provision_ref: s10B
chapter: PART 3 - DISCLOSURE AND TIPPING-OFF
section: 10B
title: Tipping-off
content:
10B. —(1) Any person — ( a ) who knows or has reasonable grounds to suspect that a police officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act; and ( b ) who discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both. [17/2013; 51/2018] (2) Any person — ( a ) who knows or has reasonable grounds to suspect that a disclosure or report has been or is being made under section 8, 9 or 10; and ( b ) who discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure or report, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both. [17/2013; 51/2018] (3) Nothing in subsection (1) or (2) makes it an offence for an advocate and solicitor or his or her employee to disclose any information or other matter — ( a ) to, or to a representative of, a client of his or hers in connection with the giving of advice to the client in the course of and for the purpose of the professional employment of the advocate and solicitor; or ( b ) to any person — (i) in contemplation of, or in connection with, legal proceedings; and (ii) for the purpose of those proceedings. [17/2013] (4) Nothing in subsection (1) or (2) makes it an offence for a legal counsel in an entity or a person acting under his or her supervision to disclose any information or other matter — ( a ) to the entity in connection with the giving of advice to the entity, or any officer or employee of the entity, in the course of and for the purpose of his or her employment as such legal counsel; or ( b ) to any person — (i) in contemplation of, or in connection with, legal proceedings; and (ii) for the purpose of those proceedings. [17/2013] (5) Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, subsection (4) applies in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations. [17/2013] (6) Where a legal counsel is employed by a public agency and is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (4) applies in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second-mentioned public agency or agencies. [17/2013] (7) Subsections (3) and (4) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose. [17/2013] (8) In proceedings against a person for an offence under subsection (1) or (2), it is a defence to prove that the person did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way mentioned in subsection (1) or (2). [17/2013] (9) A person shall not be guilty of an offence under this section in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or other penal legislation. [17/2013] (10) In this section — “legal counsel” has the meaning given by section 3(7) of the Evidence Act 1893; “public agency” has the meaning given by section 128A(6) of the Evidence Act 1893. [17/2013]


document_id: tsfa-2002
provision_ref: s11
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 11
title: Application for warrant for seizure and order for restraint of property
content:
11. —(1) A Judge may, on an application without notice by the Public Prosecutor, after examining the application in private and if satisfied that there is in any building, receptacle or place any property in respect of which an order of forfeiture may be made under section 24, issue — ( a ) if the property is situated in Singapore, a warrant authorising any police officer, or person named in the warrant — (i) to search the building, receptacle or place for that property; and (ii) to seize that property and any other property which that police officer or person believes, on reasonable grounds, that an order of forfeiture may be made under section 24; or ( b ) whether the property is situated in or outside Singapore, a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, that property, other than as may be specified in the order. [15/2010] [Act 25 of 2021 wef 01/04/2022] (2) For the purpose of subsection (1)( b ), dealing with any interest in any property held by any person includes (without limiting the expression) — ( a ) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and ( b ) removing the property from Singapore. (3) A restraint order issued under subsection (1)( b ) may be subject to any conditions that the Judge thinks fit. (4) A copy of a restraint order issued under subsection (1)( b ) must be served on the person to whom the order is addressed in such manner as the Judge directs or as provided in the Rules of Court.


document_id: tsfa-2002
provision_ref: s12
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 12
title: Contents of application for warrant or order
content:
12. An affidavit in support of an application by the Public Prosecutor under section 11 may be sworn or affirmed on information and belief. [15/2010]


document_id: tsfa-2002
provision_ref: s13
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 13
title: Undertakings for warrant or order
content:
13. Before issuing a warrant under section 11(1)( a ) or an order under section 11(1)( b ), the Judge may require the Public Prosecutor to give any undertakings that the Judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant or the making and execution of the restraint order. [15/2010]


document_id: tsfa-2002
provision_ref: s14
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 14
title: Contravention of order
content:
14. Any person on whom an order issued under section 11(1)( b ) is served under section 11(4) who, while the order is in force, contravenes the order 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 5 years or to both.


document_id: tsfa-2002
provision_ref: s15
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 15
title: Appointment of manager, etc.
content:
15. —(1) On an application under section 11, at the request of the Public Prosecutor, if a Judge is of the opinion that the circumstances so require, the Judge may by order — ( a ) appoint a person to take control of, and manage or otherwise deal with, all or part of the property in accordance with the directions of the Judge; and ( b ) require any person having possession of that property to give possession of the property to the person appointed under paragraph ( a ). [15/2010] (2) When the Public Prosecutor so requests, a Judge appointing a person under subsection (1) is to appoint the Public Trustee. [15/2010]


document_id: tsfa-2002
provision_ref: s16
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 16
title: Power to manage
content:
16. —(1) The power to manage or otherwise deal with property under section 15 includes — ( a ) in the case of perishable or rapidly depreciating property, the power to sell that property; and ( b ) in the case of property that has little or no value, the power to destroy that property. (2) Before a person appointed under section 15 destroys property mentioned in subsection (1)( b ), the person must apply to a Judge for a destruction order. (3) Before making a destruction order in relation to any property, a Judge must require notice in accordance with subsection (4) to be given to, and may hear, any person who, in the opinion of the Judge, appears to have a valid interest in the property. (4) A notice under subsection (3) must be given in the manner that the Judge directs or as provided in the Rules of Court. (5) A Judge may order that property be destroyed if the Judge is satisfied that the property has little or no financial or other value.


document_id: tsfa-2002
provision_ref: s17
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 17
title: Cessation of order or appointment
content:
17. An order issued under section 11(1)( b ) or 15(1) remains in effect until — ( a ) it is revoked or varied under section 18 or 19; ( b ) it ceases to be in force under section 20; or ( c ) the property that is the subject of the order is returned to an applicant in accordance with the law or forfeited to the Government.


document_id: tsfa-2002
provision_ref: s18
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 18
title: Application by Public Prosecutor to revoke or vary warrant or order
content:
18. The Public Prosecutor may at any time apply to a Judge to revoke or vary a warrant or order issued or made under this Part, other than an appointment made under section 15(2). [15/2010]


document_id: tsfa-2002
provision_ref: s19
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 19
title: Application by interested person to revoke or vary warrant or order
content:
19. —(1) Any person who has an interest in the property that was seized under a warrant issued under section 11(1)( a ) or in respect of which a restraint order was issued under section 11(1)( b ) may, at any time, apply to a Judge — ( a ) for an order under subsection (4); or ( b ) for permission to examine the property. (2) Where an application is made under subsection (1)( a ) — ( a ) the application must not, without the consent of the Public Prosecutor, be heard by a Judge unless the applicant has given to the Public Prosecutor at least 2 clear days’ notice in writing of the application; and ( b ) the Judge may require notice of the application to be given to and may hear any person who, in the opinion of the Judge, appears to have a valid interest in the property. [15/2010] (3) A Judge may, on an application made to the Judge under subsection (1)( b ), order that the applicant be permitted to examine the property subject to such terms as appear to the Judge to be necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required. (4) On an application made to a Judge under subsection (1)( a ) in respect of any property and after hearing the applicant and the Public Prosecutor and any other person to whom notice was given under subsection (2)( b ), the Judge may order that the property or part thereof be returned to the applicant or, in the case of a restraint order issued under section 11(1)( b ), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to any reasonable conditions that the Judge thinks fit — ( a ) if the applicant enters into a recognizance before the Judge, with or without sureties, in such amount and with such conditions, if any, as the Judge directs and where the Judge considers it appropriate, deposits with the Judge such sum of money or other valuable security as the Judge directs; ( b ) if the condition referred to in subsection (6) is satisfied; or ( c ) for the purpose of — (i) meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the Judge, has a valid interest in the property and of that person’s dependants; or (ii) meeting the reasonable business and legal expenses of a person mentioned in sub‑paragraph (i), if the Judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property. [15/2010] (5) For the purpose of determining the reasonableness of expenses mentioned in subsection (4)( c ), the Public Prosecutor may, at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses. [15/2010] (6) An order under subsection (4)( b ) in respect of property may be made by a Judge if the Judge is satisfied — ( a ) where the application is made by — (i) a person charged with a terrorism financing offence; or (ii) any person who acquired title to or a right of possession of that property from a person mentioned in sub-paragraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property, that a warrant should not have been issued under section 11(1)( a ) or a restraint order should not have been issued under section 11(1)( b ) in respect of the property; or ( b ) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in any terrorism financing offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property, and that the property will no longer be required for the purpose of any investigation or as evidence in any proceedings.


document_id: tsfa-2002
provision_ref: s20
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 20
title: Expiration of warrants and restraint orders
content:
20. —(1) Subject to this section, where property has been seized under a warrant issued under section 11(1)( a ) or is the subject of a restraint order issued under section 11(1)( b ), the property may be detained or the order may continue in force (as the case may be) for a period not exceeding 6 months from the seizure or the issuing of the order, as the case may be. (2) The property may continue to be detained, or the order may continue in force, for a period exceeding 6 months if proceedings are instituted in respect of which the property detained may be forfeited. (3) The property may continue to be detained or the order may continue in force for a period or periods exceeding 6 months if the continuation is, on application made by the Public Prosecutor, ordered by a Judge, where the Judge is satisfied that the property is required, after the expiration of the period or periods, for the purpose of this Act or any other Act respecting forfeiture or for the purpose of any investigation or as evidence in any proceedings. [15/2010]


document_id: tsfa-2002
provision_ref: s21
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 21
title: Application for forfeiture of property
content:
21. The Public Prosecutor may make an application to a Judge for an order of forfeiture in respect of — ( a ) property owned or controlled by or on behalf of any terrorist or terrorist entity; or ( b ) property that has been or will be used, in whole or in part, to facilitate or carry out a terrorist act. [15/2010]


document_id: tsfa-2002
provision_ref: s22
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 22
title: Contents of application for forfeiture of property
content:
22. An affidavit in support of an application by the Public Prosecutor under section 21 may be sworn or affirmed on information and belief. [15/2010]


document_id: tsfa-2002
provision_ref: s23
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 23
title: Respondents and notice
content:
23. —(1) The Public Prosecutor is required to name as a respondent to an application under section 21 only those persons who are known to own or control the property that is the subject of the application. [15/2010] (2) The Public Prosecutor must give notice of an application under section 21 to named respondents in such manner as the Judge directs or as provided in the Rules of Court. [15/2010] (3) On an application under section 21, a Judge may require notice to be given to any person who, in the opinion of the Judge, appears to have an interest in the property, and any such person must be entitled to be added as a respondent to the application.


document_id: tsfa-2002
provision_ref: s24
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 24
title: Order for forfeiture of property
content:
24. —(1) If a Judge is satisfied on a balance of probabilities that property is property mentioned in section 21( a ) or ( b ), the Judge is to order that the property be forfeited to the Government. (2) For the purposes of subsection (1), where the property owned or controlled by any terrorist or terrorist entity has been mixed with other property (whether the property of the terrorist or terrorist entity), the order of forfeiture is to relate to the portion of the mixed property which represents the property owned or controlled by the terrorist or terrorist entity.


document_id: tsfa-2002
provision_ref: s25
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 25
title: Implementation of forfeiture orders
content:
25. —(1) Where any property is ordered to be forfeited to the Government under section 24, the Judge may make such other provision as appears to the Judge to be necessary for giving effect to the order, and, in particular, may — ( a ) require any of the forfeited property to be paid or handed over to the proper officer; ( b ) direct any of the forfeited property (other than money) or land to be sold or otherwise disposed of in such manner as the Judge may direct and the proceeds (if any) to be paid to the proper officer; ( c ) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the Judge, of any of the forfeited property, to realise it in such manner as the Judge may direct and to pay the proceeds to the proper officer. (2) For the purposes of subsection (1) — ( a ) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation; and ( b ) “proper officer” means any person authorised by the Minister to receive the relevant property.


document_id: tsfa-2002
provision_ref: s26
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 26
title: Order refusing forfeiture of property
content:
26. —(1) Where a Judge refuses an application under section 21 in respect of any property, the Judge is to make an order that describes the property and declares that it is not property mentioned in that section. (2) If a Judge is satisfied that any respondent mentioned in section 23 has an interest in any property that is subject to an application, has exercised reasonable care to ensure that the property would not be used to facilitate or carry out a terrorist act, and is not a member of a terrorist entity, the Judge is to — ( a ) order that the interest is not affected by the forfeiture; and ( b ) declare the nature and extent of the interest mentioned in paragraph ( a ).


document_id: tsfa-2002
provision_ref: s27
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 27
title: Application to set aside order of forfeiture
content:
27. —(1) A person who claims an interest in any property that was forfeited and who did not receive notice under section 23(3) may apply to a Judge to vary or set aside an order made under section 24(1) not later than 60 days after the day on which the forfeiture order was made. (2) A Judge must not extend the period set out in subsection (1).


document_id: tsfa-2002
provision_ref: s28
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 28
title: Interim preservation rights
content:
28. Pending any appeal of an order made under section 24 — ( a ) any property seized under a warrant issued under section 11(1)( a ) shall continue to be detained; ( b ) any property restrained under an order issued under section 11(1)( b ) shall continue to be restrained; and ( c ) any person appointed to control, manage or otherwise deal with that property under section 15 continues in that capacity.


document_id: tsfa-2002
provision_ref: s29
chapter: PART 4 - SEIZURE, FREEZING AND CONFISCATION
section: 29
title: Voidable transfers
content:
29. A Judge may — ( a ) prior to ordering any property to be forfeited under section 24; and ( b ) in the case of any property in respect of which a restraint order was issued under section 11(1)( b ), where the order was served in accordance with section 11(4), set aside any conveyance or transfer of the property that occurred after the seizure of the property or the service of the order under section 11(4), unless the conveyance or transfer was for valuable consideration to a person acting in good faith.


document_id: tsfa-2002
provision_ref: s31
chapter: PART 5 - MUTUAL ASSISTANCE AND EXTRADITION
section: 31
title: Interpretation of this Part
content:
31. In this Part — “Convention” means the International Convention for the Suppression of the Financing of Terrorism adopted by the General Assembly of the United Nations on 9 December 1999; “country” includes a State or territory, as the case may be.


document_id: tsfa-2002
provision_ref: s32
chapter: PART 5 - MUTUAL ASSISTANCE AND EXTRADITION
section: 32
title: Convention as basis for assistance under Mutual Assistance in Criminal Matters Act 2000
content:
32. —(1) Where there is no treaty, memorandum of understanding or other agreement in force between Singapore and a country which is a party to the Convention relating to the provision of assistance concerning any terrorism financing offence, an order under section 17 of the Mutual Assistance in Criminal Matters Act 2000 may be made — ( a ) declaring that country as a prescribed foreign country; and ( b ) applying that Act as if there were a treaty, memorandum of understanding or other agreement under which that country has agreed to provide assistance in criminal matters to Singapore. (2) Where the Mutual Assistance in Criminal Matters Act 2000 is applied under subsection (1), the Mutual Assistance in Criminal Matters Act 2000 is, subject to subsection (3), to have effect as if the only foreign serious offences within the meaning of that Act were terrorism financing offences. (3) Subsection (2) does not affect any other order made under section 17 of the Mutual Assistance in Criminal Matters Act 2000. (4) For the purposes of the Mutual Assistance in Criminal Matters Act 2000, a terrorism financing offence — ( a ) wherever committed, is deemed to be a foreign serious offence; and ( b ) is not to be deemed to be an offence of a political character.


document_id: tsfa-2002
provision_ref: s33
chapter: PART 5 - MUTUAL ASSISTANCE AND EXTRADITION
section: 33
title: Extradition
content:
33. —(1) Every terrorism financing offence is deemed to be an extradition offence under the Extradition Act 1968. [Act 17 of 2022 wef 01/07/2022] (2) Subject to subsection (3), where no extradition treaty is in force between Singapore and a Convention country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act as if there were an extradition treaty between Singapore and that country. [30/2008] (3) Where the Extradition Act 1968 is applied under subsection (2), that Act has effect in relation to that country as if the only extradition offences under that Act were the relevant offences of that country . [30/2008] [Act 17 of 2022 wef 01/07/2022] (4) Subsection (3) does not affect any other notification made under section 4 of the Extradition Act 1968. [30/2008] (5) Where — ( a ) an extradition treaty is in force between Singapore and a Convention country; and ( b ) the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act in relation to that country as if the treaty provided for the matter mentioned in paragraph ( b ). [30/2008] (6) Where a notification mentioned in subsection (5) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968, or in any Order in Council mentioned in section 3 of that Act, in relation to that country is, to the extent that it prevents the relevant offence from being considered an extradition offence in relation to that country, to be disregarded in the application of that Act in relation to that country. [30/2008] [Act 17 of 2022 wef 01/07/2022] (7) For the purposes of the Extradition Act 1968 — ( a ) any act, wherever committed, which is a relevant offence of a Convention country in the case of which that Act has been applied by a notification in the Gazette made under section 4 of that Act, is deemed to be an offence within the jurisdiction of that country; and ( b ) any such offence is deemed not to be an offence of a political character. [30/2008] (8) In this section — “Convention country” means a country which is a party to the Convention; “relevant offence”, in relation to a Convention country, means an offence against the law of, or of part of, that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in or within the jurisdiction of Singapore — ( a ) constitute a terrorism financing offence; or ( b ) be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence. [30/2008]


document_id: tsfa-2002
provision_ref: s34
chapter: PART 6 - JURISDICTION
section: 34
title: Extraterritoriality
content:
34. —(1) Every person who, outside Singapore, commits an act or omission that, if committed in Singapore, would constitute an offence, an abetment of an offence, or a conspiracy or attempt to commit an offence under section 3, 4 or 5 is deemed to commit the act or omission in Singapore and may be proceeded against, charged, tried and punished accordingly. (2) Where an offence under section 6 or 8 is committed by a citizen of Singapore in any place outside Singapore, the citizen may be dealt with in respect of that offence as if it had been committed within Singapore.


document_id: tsfa-2002
provision_ref: s35
chapter: PART 7 - MISCELLANEOUS
section: 35
title: Offences by body corporate
content:
35. Where an offence under this Act has been committed by a company, firm, society or other body of persons, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he or she proves that — ( a ) the offence was committed without his or her consent or connivance; and ( b ) he or she had exercised all such due diligence to prevent the commission of the offence as he or she ought to have exercised, having regard to the nature of his or her functions in that capacity and to all the circumstances.


document_id: tsfa-2002
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS
section: 36
title: No prosecution without Public Prosecutor’s consent
content:
36. A prosecution under this Act must not be instituted except by or with the consent of the Public Prosecutor.


document_id: tsfa-2002
provision_ref: s37
chapter: PART 7 - MISCELLANEOUS
section: 37
title: Jurisdiction of District Court
content:
37. 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: tsfa-2002
provision_ref: s38
chapter: PART 7 - MISCELLANEOUS
section: 38
title: Amendment of Schedules
content:
38. The Minister may by order in the Gazette — ( a ) amend, add to or vary the First Schedule; and ( b ) amend the Second Schedule to specify any act or omission that is punishable under any law that implements any treaty, convention or other international agreement to which Singapore is a party as a terrorist act. [17/2013]


document_id: tsfa-2002
provision_ref: s39
chapter: PART 7 - MISCELLANEOUS
section: 39
title: Regulations
content:
39. The Minister may make such regulations as are necessary or expedient for the purpose of carrying out or giving effect to the provisions of this Act.


document_id: tsia-2018
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Transport Safety Investigations Act 2018 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: tsia-2018
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “accident” means an accident associated with the operation of a transport vehicle involving circumstances prescribed; “accident site” means any premises associated with an occurrence involving a transport vehicle, and includes — ( a ) premises containing the transport vehicle or any of its wreckage; ( b ) premises where there is an impact point associated with an accident involving the transport vehicle; ( c ) if the accident involved destruction or serious damage to property (other than the transport vehicle) — premises containing the damaged property or any of its remains or wreckage; and ( d ) such area around those premises as the Director determines to be reasonably necessary to facilitate the investigation of the occurrence and securing the premises for the purposes of the investigation; “accident site premises” means — ( a ) an accident site; or ( b ) premises that it is necessary to enter in order to get to an accident site; “aircraft” means any machine that can derive support from the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth, and includes an unmanned aircraft; “appropriate foreign authority” means an authority of a foreign country responsible for transport safety investigations and functions corresponding to investigations that must be carried out by the TSIB, and the functions of the TSIB, under this Act; “aviation occurrence” means — ( a ) any occurrence associated with the operation of an aircraft where the aircraft is — (i) destroyed or damaged; or (ii) missing or completely inaccessible; ( b ) any situation where an individual — (i) dies as a result of an occurrence associated with the operation of an aircraft; or (ii) is injured or incapacitated as a result of an occurrence associated with the operation of an aircraft; ( c ) any situation where any property is damaged as a result of an occurrence associated with the operation of an aircraft; ( d ) any situation where an aircraft is involved in a near‑accident; ( e ) any situation where an aircraft is involved in an occurrence that affected, or could have affected, the safety of the operation of the aircraft; or ( f ) any situation or condition that the Director has reasonable grounds to believe could, if left unattended, induce an occurrence or a situation described in paragraph ( a ), ( b ), ( c ), ( d ) or ( e ); “Civil Aviation Authority of Singapore” or “CAAS” means the Civil Aviation Authority of Singapore reconstituted by section 4 of the Civil Aviation Authority of Singapore Act (Cap. 41); “civil proceedings” means any proceedings before a Singapore court other than criminal proceedings, and includes a coroner’s inquiry; “Commissioner of Police” means a public officer who is appointed under section 6(1) of the Police Force Act (Cap. 235) as the Commissioner of Police, and includes a police officer who is for the time being appointed under that section to execute the duties of that office; “consultant” means a consultant mentioned in section 8(2)( d ); “control area” means an area in a transport vehicle from which essential operational duties or functions in connection with the operation or safety of the transport vehicle are directed or controlled; “cordon”, in relation to an accident site, a transport vehicle or its wreckage, includes — ( a ) a physical barrier around the site, vehicle or its wreckage; or ( b ) a roadblock on any road or barrier in any waterway in, around or in the vicinity of, the site, vehicle or wreckage; “cordoned‑off area” means an area on which a cordon is placed by or under section 31; “criminal proceedings” means proceedings before — ( a ) a Singapore court for an offence punishable under any written law other than a military offence within the meaning given by the Singapore Armed Forces Act (Cap. 295); or ( b ) a subordinate military court or the Military Court of Appeal, or a disciplinary officer or Senior Disciplinary Committee, under the Singapore Armed Forces Act for a military offence or civil offence within the meaning given by that Act; “Director”, in relation to any provision of this Act or the regulations, means the Director of the Transport Safety Investigation Bureau of Singapore appointed under section 11(1), and includes — ( a ) an individual for the time being appointed under section 11(2) to execute the duties of that office; and ( b ) any TSIB staff member delegated under section 11(3) the power of the Director under that provision of this Act or the regulations; “disclose” — ( a ) in relation to information, includes divulge or communicate the information in any way; and ( b ) in relation to information contained in a document or other article, also includes produce the document or other article in whole or part, or make it available (in whole or part) for inspection; “draft report” includes a draft report from an appropriate foreign authority about a transport occurrence; “engage in conduct” means any act or omission, any series of acts or omissions, or both; “evidential material” means anything that may be relevant to an investigation; “exempt transport vehicle” means — ( a ) an aircraft used in the military, customs or police services of a foreign country; ( b ) a ship used in the military, customs or police services of a foreign country; ( c ) a Singapore military aircraft; ( d ) a Singapore military vessel; ( e ) a vessel owned by the Government and used by police officers or officers of the border control or civil defence departments of the Government; or ( f ) a vessel wearing the State Marine Ensign under the authority of the Chief of Navy; “film” means — ( a ) a cinematograph film; ( b ) a video recording, or a slide, disc, tape or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture; or ( c ) any other form of recording from which a moving visual image, including a computer generated image, can be produced and viewed (together with its soundtrack); “foreign country” means a country or territory outside of Singapore; “identification card” means an identification card issued under section 24; “immediately reportable matter” means a transport occurrence that is prescribed to be an immediately reportable matter; “information” includes data, text, maps, images, sound, codes, computer programs, software and databases; “international agreement” means a treaty or other agreement whose parties are Singapore and a foreign country, or Singapore and 2 or more foreign countries; “investigation” means an investigation under this Act; “investigator”, for an investigation, means an individual appointed under section 23 in relation to that investigation; “investigator‑in‑charge”, for an investigation, means an investigator who is designated under section 23 as the investigator‑in‑charge in relation to that investigation; “Land Transport Authority of Singapore” or “LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act (Cap. 158A); “marine occurrence” means — ( a ) any occurrence associated with the operation of a ship where the ship is — (i) destroyed or damaged; or (ii) abandoned, disabled, stranded or missing in operation; ( b ) any situation where an individual — (i) dies as a result of an occurrence associated with the operation of a ship; or (ii) is injured or incapacitated as a result of an occurrence associated with the operation of a ship; ( c ) any situation where any property is damaged as a result of an occurrence associated with the operation of a ship; ( d ) any situation where a ship is involved in a near‑accident; ( e ) any situation where a ship is involved in an occurrence that affected, or could have affected, the safety of the operation of the ship; or ( f ) any situation or condition that the Director has reasonable grounds to believe could, if left unattended, induce an occurrence or a situation described in paragraph ( a ), ( b ), ( c ), ( d ) or ( e ); “Maritime and Port Authority of Singapore” or “MPA” means the Maritime and Port Authority of Singapore established under section 4 of the Maritime and Port Authority of Singapore Act (Cap. 170A); “nominated official”, in relation to a reportable matter, means a TSIB staff member nominated (by name or office) by the Director in relation to that reportable matter; “occupier”, for any premises, includes a person present at the premises who apparently represents the occupier; “occurrence” includes an accident and a near‑accident; “ordinary reportable matter” means a transport occurrence that — ( a ) is not an immediately reportable matter; and ( b ) is prescribed to be an ordinary reportable matter; “other proceedings” means — ( a ) an arbitration under the Arbitration Act (Cap. 10); ( b ) proceedings before an Inquiry Committee appointed under the Workplace Safety and Health Act (Cap. 354A) relating to any accident, dangerous occurrence or occupational disease that has occurred in a workplace; ( c ) proceedings before any tribunal, authority, person or body that has power by or under any written law to require the production of documents or answering of questions, or constituted and vested by or under any written law to make a decision of an administrative character; or ( d ) proceedings by an employer with a view to disciplining an individual employed or engaged by the employer, including proceedings before — (i) a disciplinary officer relating to a disciplinary or service offence under the Civil Defence Act (Cap. 42) or the Police Force Act; or (ii) the Public Service Commission, the Judicial Service Commission or the Legal Service Commission relating to the misconduct of a public officer or other disciplinary matter, but does not include proceedings in Parliament or a committee of Parliament; [Act 33 of 2021 wef 10/04/2024] “photograph” means a product of photography or of a process similar to photography, other than an article or a thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, photocopy, and record of an image, whether digitally or in another way; “police officer” includes — ( a ) a member of the Special Constabulary established under the Police Force Act; and ( b ) an auxiliary police officer appointed as such under Part IX of the Police Force Act; “power” includes a function or duty; “preliminary assessment” means a preliminary assessment under section 14; “premises” includes — ( a ) a building, structure or place, whether built on or not and whether situated underground or underwater, or any part of a building, structure or place; or ( b ) any vehicle, vessel or aircraft or part of it; “public authority” means — ( a ) any ministry, department or Organ of State of the Government; or ( b ) any body established by or under any public Act to perform a public function; “public passenger service motor vehicle” means a motor vehicle when used to provide regular route services under a public bus services contract entered into with the LTA; and “regular route service” and “public bus services contract” have the respective meanings given by the Bus Services Industry Act 2015 (Act 30 of 2015); “rail vehicle” means a vehicle that operates on a railway (including a vehicle that does not have wheels) and used or capable of being used — ( a ) as a means of transport of passengers or cargo, or both passengers and cargo; or ( b ) for movement on a railway in order to maintain the railway; Examples ( a ) Any train and rolling stock, coaches, wagons, maintenance or engineering vehicles or other railway equipment that is designed for movement along a line of railway. ( b ) Any locomotive, engine, track car, tender, flanger and railway crane. ( c ) Any tram. “railway” means a system by which vehicles are guided — ( a ) by means


document_id: tsia-2018
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purpose of Act
content:
3. The purpose of this Act is to maintain and improve transport safety by providing for — ( a ) the reporting of transport occurrences; ( b ) the conduct of investigations of transport occurrences and other matters affecting transport safety with a view to preventing similar occurrences in the future rather than to ascribe blame to any person; ( c ) the publication of investigation results; and ( d ) the regulation of the disclosure and admissibility of certain information obtained or derived from investigations under this Act into transport occurrences.


document_id: tsia-2018
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Application of Act
content:
5. —(1) Except where provided by this section, this Act applies to any transport occurrence, whenever occurring. (2) This Act applies in respect of aviation occurrences — ( a ) in or over Singapore; or ( b ) in or over any place outside Singapore if — (i) Singapore is requested to investigate, or to participate or assist in the investigation of, the aviation occurrence by an appropriate foreign authority; or (ii) the aviation occurrence — (A) involves an aircraft in respect of which, or that is operated by a person to whom, an aviation safety instrument is or has been issued under the Air Navigation Act; and (B) is in a location which cannot be definitely established as being in the territory of any country and evidential material relating to the aviation occurrence is found in Singapore. (3) This Act applies in respect of marine occurrences — ( a ) in Singapore; or ( b ) in or over any place outside Singapore if — (i) Singapore is requested to investigate, or to participate or assist in the investigation of, the marine occurrence by an appropriate foreign authority; (ii) the marine occurrence involves a Singapore ship or other ship licensed under any written law administered by the MPA; or (iii) a witness to, or a person having information concerning a matter that may have contributed to, the marine occurrence arrives or is found at any place in Singapore. (4) This Act applies in respect of railway occurrences happening on or after the relevant date — ( a ) in Singapore; or ( b ) in any place outside Singapore, if Singapore is requested to investigate, or to participate or assist in the investigation of, the railway occurrence by an appropriate foreign authority. (5) In subsection (4), “relevant date” means a date specified in an order made by the Minister and published in the Gazette for the purposes of that subsection. (6) This Act applies in respect of occurrences happening in Singapore involving the operation of a public passenger service motor vehicle.


document_id: tsia-2018
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Application outside Singapore
content:
6. This Act extends to acts, omissions, matters and things outside Singapore, unless the contrary intention appears.


document_id: tsia-2018
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Interface with other written laws
content:
7. —(1) To avoid doubt, nothing in this Act affects a police officer’s powers or duties under the Criminal Procedure Code (Cap. 68) or any other written law. (2) This Act does not affect the powers of the CAAS, the LTA, the MPA or other public authority — ( a ) in regulating any mode of transport under any other written law; or ( b ) in performing their respective functions relating to transport safety or improving transport safety, unless expressly provided otherwise by or under this Act.


document_id: tsia-2018
provision_ref: s8
chapter: PART 2 - TRANSPORT SAFETY INVESTIGATION BUREAU
section: 8
title: Transport Safety Investigation Bureau of Singapore
content:
8. —(1) A Government department called the Transport Safety Investigation Bureau of Singapore or TSIB is established by this section. (2) The TSIB consists of the following personnel: ( a ) the Director; ( b ) such other public officers as are necessary for the proper functioning of the department; ( c ) every employee of a public authority performing duties in the TSIB under a secondment arrangement making available temporarily to the Government the services of the employee in connection with the performance of the TSIB’s functions; ( d ) every consultant engaged by the Government for the purposes of any investigation into transport occurrences or any TSIB function. (3) When performing services for the TSIB under a secondment arrangement under subsection (2), the employee of the public authority concerned is subject to the directions of the Director.


document_id: tsia-2018
provision_ref: s9
chapter: PART 2 - TRANSPORT SAFETY INVESTIGATION BUREAU
section: 9
title: Functions of TSIB
content:
9. —(1) The function of the TSIB is to improve transport safety by means that include the following: ( a ) receiving and assessing reports of reportable matters, and other safety information that is prescribed; ( b ) independently investigating transport occurrences; ( c ) reporting publicly on those investigations; ( d ) identifying factors that — (i) contribute, or have contributed, to transport occurrences; or (ii) affect, or might affect, transport safety; ( e ) communicating those factors to relevant sectors of the transport industry and the public in any way, including in any one or more of the following ways: (i) by making safety action statements; (ii) by making safety recommendations; (iii) by issuing safety advisory notices; ( f ) conducting public educational programmes about matters relating to transport safety; ( g ) any other means as appear to the Director to be incidental, advantageous, necessary or convenient for the TSIB to carry on for or in connection with the performance of its functions and the discharge of its duties under this Act. (2) In addition, the TSIB has the following functions: ( a ) cooperating and coordinating with a public authority that has functions or powers relating to transport safety or functions affected by the TSIB’s function of improving transport safety; ( b ) cooperating and coordinating with an appropriate foreign authority, or any other body of a foreign country that has functions or powers relating to transport safety, including taking evidence on their behalf; ( c ) coordinating and directing all investigations mentioned in subsection (1)( b ) and determining which other parties (if any) should be involved in such investigations; ( d ) doing anything incidental, advantageous, necessary or convenient to the TSIB’s function of improving transport safety. (3) However, the following are not functions of the TSIB: ( a ) to apportion blame for any transport occurrence; ( b ) to provide the means to determine the liability of any person in respect of any transport occurrence; ( c ) to assist in court proceedings or other proceedings between parties (except as provided by this Act, whether expressly or impliedly); ( d ) to allow any adverse inference to be drawn from the fact that a person was involved in a transport occurrence, and even though blame or liability may be inferred, or an adverse inference may be made, by a person other than the TSIB, this does not prevent the TSIB or any of its personnel from carrying out its functions under this Act. (4) To avoid doubt, subsection (3) does not prevent the prosecution of any offence under this Act. (5) Nothing in this section imposes on the Director or the TSIB, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Director or the TSIB would not otherwise be subject.


document_id: tsia-2018
provision_ref: s10
chapter: PART 2 - TRANSPORT SAFETY INVESTIGATION BUREAU
section: 10
title: International obligations
content:
10. —(1) The Director must ensure that his or her powers and any investigator’s powers under this Act are exercised in a manner that is consistent with Singapore’s obligations under international agreements (as in force from time to time) that are identified by the regulations for the purpose of this section. (2) In exercising powers under this Act, the Director must also have regard to any rules, recommendations, guidelines, codes or other instruments (as in force from time to time) that are promulgated by an international organisation which is, and that are, identified by the regulations for the purposes of this section.


document_id: tsia-2018
provision_ref: s11
chapter: PART 2 - TRANSPORT SAFETY INVESTIGATION BUREAU
section: 11
title: Director of TSIB
content:
11. —(1) There must be a Director of the Transport Safety Investigation Bureau of Singapore, who is an individual the Minister appoints from among the individuals mentioned in section 8(2)( b ). (2) The Minister may appoint an individual from among the individuals mentioned in section 8(2)( b ) or ( c ) to act temporarily as the Director during any period, or during all periods, when the Director is, for any reason, unable to perform the duties of the office. (3) Subject to subsection (4), the Director may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director by any provision in this Act or the regulations to such TSIB staff member as the Director specifies in relation to that provision; and any reference in that provision to the Director includes a reference to such a TSIB staff member. (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 Director may specify. (5) However, nothing in subsection (3) authorises delegating the power of delegation conferred by that subsection.


document_id: tsia-2018
provision_ref: s12
chapter: PART 3 - REPORTING OF TRANSPORT OCCURRENCES
section: 12
title: Immediately and ordinary reportable matters
content:
12. —(1) If a responsible person has knowledge of an immediately reportable matter, then the person must report to a nominated official within the time and by the means prescribed — ( a ) the immediately reportable matter; and ( b ) the prescribed particulars about the matter that are known to the responsible person. (2) If a responsible person has knowledge of an ordinary reportable matter, then the person must, if so required by the Director by notice in writing, give a written report of the matter (containing the prescribed particulars about the matter, if prescribed) to a nominated official within the time specified in the notice. (3) Subsections (1) and (2) do not apply if the responsible person knows that another responsible person has, or other responsible persons have, already reported the reportable matter to a nominated official with all the particulars required by that subsection. (4) A responsible 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 $100,000 or to imprisonment for a term not exceeding 5 years or to both.


document_id: tsia-2018
provision_ref: s13
chapter: PART 3 - REPORTING OF TRANSPORT OCCURRENCES
section: 13
title: Director may require report
content:
13. —(1) Where the Director is satisfied that the responsible person to whom section 12(1) or (2) does apply may have information that was not communicated in a report given by the person under section 12(1) or (2) (as the case may be), the Director may, by notice in writing, require that responsible person to give a written report of the immediately reportable matter or ordinary reportable matter (as the case may be), containing the particulars prescribed for the purposes of that section, to a nominated official within the time specified in the notice. (2) A responsible 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 $100,000 or to imprisonment for a term not exceeding 5 years or to both.


document_id: tsia-2018
provision_ref: s14
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 14
title: Preliminary assessment after notification
content:
14. —(1) Upon receiving a notification under section 12(1) or (2) about a transport occurrence, the Director must determine — ( a ) whether or not a duty to investigate under section 15 arises in respect of that transport occurrence; or ( b ) if no such duty arises, whether or not an investigation in respect of that transport occurrence should be conducted. (2) The Director may exercise any powers conferred on an investigator under this Part for the purposes of making a preliminary assessment under this section.


document_id: tsia-2018
provision_ref: s15
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 15
title: Duty to investigate
content:
15. —(1) Subject to section 16, as soon as an immediately reportable matter has been notified to a nominated official under section 12(1), and if the Director believes that the circumstances of the reportable matter — ( a ) have, or are likely to have, significant implications for transport safety; and ( b ) may allow the TSIB to establish findings or make recommendations which may improve transport safety, an investigation must be carried out into the matter. (2) Subject to section 16, the Director — ( a ) may cause an investigation into any other transport occurrence notified to a nominated official under section 12(1) or (2); and ( b ) must cause an investigation into a transport occurrence (whether or not notified under section 12(1) or (2)) if ordered in writing by the Minister to do so. (3) To avoid doubt, the duty or power to investigate a transport occurrence under subsection (1) or (2) may extend to a transport occurrence that involves — ( a ) a combination of modes of transport vehicles; and ( b ) a combination of military and non‑military transport vehicles. (4) The Director may discontinue an investigation at any time except an investigation into a transport occurrence ordered by the Minister under subsection (2)( b ).


document_id: tsia-2018
provision_ref: s16
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 16
title: Restriction on transport occurrence investigated
content:
16. —(1) A transport occurrence must not be investigated under this Act unless — ( a ) it occurs in Singapore; ( b ) it involves — (i) a Singapore aircraft; (ii) a Singapore ship; (iii) a rail vehicle operating on a railway located wholly or partly in Singapore; or (iv) a public passenger service motor vehicle operating within Singapore and an order is given under section 15(2)( b ) in respect of the occurrence; or ( c ) it occurs outside Singapore and any of the following apply: (i) evidence relating to the transport occurrence is found in Singapore; (ii) an appropriate foreign authority requests the Director or TSIB to conduct, or to participate or assist in, an investigation into the transport occurrence; (iii) the Director considers that it is necessary to conduct, or to participate or assist in, an investigation into the transport occurrence and the agreement of the appropriate foreign authority is obtained for the TSIB to conduct, or to participate in, such an investigation; (iv) Singapore has a right or an obligation, under an international agreement, to participate or assist in an investigation into the transport occurrence. (2) Despite subsection (1), a transport occurrence cannot be investigated under this Act if — ( a ) it involves, or relates to, an exempt transport vehicle; ( b ) it does not involve, or relate to, any other transport vehicle that is not an exempt transport vehicle; and ( c ) it does not involve, or relate to, a civil transport facility unless the occurrence is associated with a flying display and the accident site is outside of military premises. (3) However, subsection (2) does not prevent an investigation of a transport occurrence that involves a Singapore military ship or Singapore military aircraft if an appropriate authority in the Singapore Armed Forces requests the Director or TSIB to conduct an investigation into the matter. (4) Where a transport occurrence involving or relating to — ( a ) a Singapore military aircraft or Singapore military vessel; ( b ) a vessel wearing the State Marine Ensign under the authority of the Chief of Navy; or ( c ) a motor vehicle used by the Singapore Armed Forces for military purposes, is being investigated, the TSIB and the Singapore Armed Forces must take reasonable measures to ensure that investigations are coordinated. (5) In this section — “civil transport facility” means any premises that is designed or used, wholly or mainly, to facilitate the operation or maintenance of a transport vehicle that is not an exempt transport vehicle; “flying display” means a civilian organised event (including any rehearsal for such event) which — ( a ) consists, wholly or partly, of an exhibition of flying of any non‑military or military aircraft; and ( b ) takes place at an aerodrome or premises that is not military premises; “military premises” means premises occupied by the Singapore Armed Forces.


document_id: tsia-2018
provision_ref: s17
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 17
title: Reopening of investigation
content:
17. —(1) Despite section 20, the Director may cause the investigation of a transport occurrence previously concluded to be reopened if — ( a ) new and important evidential material which could not be produced at the previously concluded investigation has been discovered; and ( b ) it appears to the Director that the evidential material may materially affect the analysis and conclusions in the report, or any safety action statements or safety recommendations, published in relation to that concluded investigation. (2) However, the Director may exercise the power under subsection (1) with respect to a previously concluded investigation of a transport occurrence only with the approval of the Minister if the Director was an investigator in that investigation. (3) A reopened investigation must be carried out in accordance with this Act. (4) In this section, a reference to the investigation of a transport occurrence previously concluded includes a reference to an investigation or inquiry into an accident or incident which was completed before the date of commencement of this section — ( a ) under Part IIA of the Air Navigation Act; or ( b ) under Part V of the Merchant Shipping Act by an inspector appointed under section 108 of that Act.


document_id: tsia-2018
provision_ref: s18
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 18
title: Recovery of costs and expenses of investigation
content:
18. The Director may recover from the owner or operator of a transport vehicle or both, as a debt due to the Government — ( a ) a reasonable part of the remuneration of an investigator; and ( b ) all expenses reasonably incurred by an investigator in the exercise of any powers, in relation to conducting, participating or assisting in an investigation into a transport occurrence involving that transport vehicle. Division 2 &#x2014; Investigation reports


document_id: tsia-2018
provision_ref: s19
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 19
title: Draft reports
content:
19. —(1) The Director may provide a draft report, on a confidential basis, to any person whom the Director considers appropriate, for the purpose of — ( a ) allowing the person to make submissions to the Director about the draft report; or ( b ) giving the person advance notice of the likely form of the published report. (2) A person who receives a draft report under subsection (1) or (4) must not — ( a ) make a copy of the whole or any part of the draft report; or ( b ) disclose any of the contents of the draft report to any other person or to a court. (3) A person who contravenes 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. (4) Subsection (2) does not apply to any copying or disclosure that is necessary for the purpose of — ( a ) preparing submissions on the draft report; or ( b ) taking steps to remedy safety issues that are identified in the draft report. (5) A person who receives a draft report under subsection (1) or (4) cannot be required to disclose it to a court. (6) A person who receives a draft report under subsection (1) or (4) is not entitled to institute other proceedings against anyone on the basis of information in the report. (7) A draft report provided under subsection (1) must not include the name of an individual.


document_id: tsia-2018
provision_ref: s20
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 20
title: Investigation reports, etc., to be published
content:
20. —(1) The Director must, as soon as practicable after an investigation has been completed, publish, by electronic or other means, a report in relation to the investigation. (2) The Director may, at any time before an investigation has been completed, publish, by electronic or other means, a report in relation to the investigation if the Director considers that the publication of the report is necessary or desirable for the purposes of transport safety. (3) A published report may include submissions that were made by persons to the Director in response to a draft report, safety action statements or safety recommendations. (4) A published report must not include the name of an individual. (5) Despite anything in the National Library Board Act (Cap. 197), the Director and an investigator are not required to hold any documents or information concerning a transport safety matter that is being or has been investigated under this Act beyond such time as is necessary for the completion of the investigation and reports. (6) In this section, “report” means any one or more of the following: ( a ) a report; ( b ) safety action statements; ( c ) safety recommendations.


document_id: tsia-2018
provision_ref: s21
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 21
title: Reports inadmissible as evidence
content:
21. —(1) A report under section 20 is not admissible in evidence in any civil or criminal proceedings or other proceedings. (2) However, subsection (1) does not apply to a coroner’s inquiry. (3) A draft report under section 19 is not admissible in evidence in any civil or criminal proceedings or other proceedings.


document_id: tsia-2018
provision_ref: s22
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 22
title: Responses to reports of, or containing, safety recommendations
content:
22. —(1) This section applies if — ( a ) the Director — (i) publishes a report under section 20 in relation to an investigation; (ii) receives a report from an appropriate foreign authority about a transport occurrence; or (iii) publishes a report in relation to a transport safety matter; and ( b ) the report is, or contains, a recommendation that a person, unincorporated association, or a public authority or public officer, in Singapore take safety actions. (2) The person, unincorporated association, public authority or public officer to whom a recommendation mentioned in subsection (1)( b ) is made must give a written response to the Director within a prescribed time after the report was published, that sets out whether the person, association, authority or officer accepts the recommendation (in whole or part), and — ( a ) if the person, unincorporated association, public authority or public officer accepts the recommendation in whole — details of any action that the person, association, authority or officer proposes to take to give effect to the recommendation; or ( b ) if the person, unincorporated association, public authority or public officer does not accept the recommendation in whole — the reasons why the person, association, authority or officer does not accept the recommendation in whole. (3) A person, unincorporated association, public authority or public officer who, without reasonable excuse, fails to comply with subsection (2) commits an offence. (4) A person, unincorporated association, public authority or public officer who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. Division 3 &#x2014; Investigators


document_id: tsia-2018
provision_ref: s23
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 23
title: Investigators
content:
23. —(1) Where a duty to investigate a transport occurrence under section 15(1) or (2)( b ) arises or section 15(2)( a ) or 17(1) applies, the Director must, without delay, appoint such number of TSIB staff members or consultants as the Director thinks fit as investigators for the purpose of carrying out the investigation. (2) Where more than one investigator is appointed for an investigation of a particular transport occurrence, the Director must also designate one of the investigators as the investigator‑in‑charge for that investigation. (3) Where a single investigator is appointed for an investigation of a transport occurrence, the investigator must be treated as designated under subsection (2) as the investigator‑in‑charge for that investigation. (4) The Director must issue to every investigator a written authorisation specifying which of the powers conferred on an investigator under this Division the investigator may exercise. (5) The powers that an investigator may be authorised under this Act to exercise may be exercised only to the extent authorised by the Director under this section. (6) The written authorisation under subsection (4) for an investigator may do all or any of the following: ( a ) limit the powers conferred on an investigator under this Division that the investigator may exercise; ( b ) limit where in Singapore the investigator may exercise his or her powers under this Act or any of them; ( c ) limit when the investigator may exercise his or her powers under this Act or any of them; ( d ) limit the circumstances in which the investigator may exercise his or her powers under this Act or any of them. (7) An investigator may be accompanied and assisted by police officers or other individuals when exercising powers under this Division if that assistance is necessary and reasonable; and any reference to the investigator in sections 26 to 31 includes a reference to such a police officer or other individual accompanying and assisting the investigator. (8) To avoid doubt, this section does not prevent the Director appointing himself or herself as an investigator for the purpose of carrying out any investigation.


document_id: tsia-2018
provision_ref: s24
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 24
title: Identification cards
content:
24. —(1) The Director must issue to each investigator an identification card. (2) Every investigator must return to the Director any identification card issued to him or her under subsection (1) when — ( a ) for a consultant, his or her appointment as such ceases; and ( b ) for any other investigator, he or she ceases to be a TSIB staff member. (3) An investigator must produce his or her identification card for inspection — ( a ) before exercising a power under this Act; and ( b ) at any time during the exercise of a power under this Act, if asked to do so.


document_id: tsia-2018
provision_ref: s25
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 25
title: Public servants
content:
25. An investigator who, in the course of his or her duty as an investigator, exercises any power under this Division in accordance with the authorisation issued to him or her under section 23(4) is taken to be a public servant for the purposes of the Penal Code (Cap. 224) when exercising that power. Division 4 &#x2014; Powers of investigation


document_id: tsia-2018
provision_ref: s26
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 26
title: Access to accident site premises, transport vehicle wreckage, etc.
content:
26. —(1) For the purpose of an investigation into a reportable matter, and pursuant to an authorisation under section 23(4), an investigator may without payment of any charge — ( a ) enter any accident site premises relating to the investigation; ( b ) enter any transport vehicle involved in the reportable matter (whether or not at the accident site) or its wreckage; and ( c ) take equipment and material onto those premises or the transport vehicle (or its wreckage), and use it, for any of the purposes in section 27. (2) An investigator — ( a ) is authorised to enter any premises or transport vehicle (or its wreckage) under subsection (1) whether or not the occupier of the premises or person in possession of the transport vehicle (or its wreckage) consents to the entry; and ( b ) is entitled to enter and remain on those premises or the transport vehicle (or its wreckage) without payment. (3) An investigator may use such force, and with such assistance of a police officer, as is reasonably necessary to obtain entry to the accident site premises or the transport vehicle (or its wreckage) mentioned in subsection (1)( a ) or ( b ).


document_id: tsia-2018
provision_ref: s27
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 27
title: Powers after entering accident site premises, wreckage, etc.
content:
27. —(1) After entering an accident site premises or a transport vehicle (or its wreckage) mentioned in section 26(1)( a ) or ( b ), an investigator may, for the purpose of an investigation into a reportable matter involving those premises or that vehicle (as the case may be) and pursuant to an authorisation under section 23(4), do all or any of the following: ( a ) examine or observe any activity conducted in or on the accident site or the transport vehicle (or its wreckage); ( b ) examine, take measurements of, conduct tests on, or take samples of, evidential material in or on the accident site or the transport vehicle (or its wreckage); ( c ) take any photograph or film of the accident site or the transport vehicle (or its wreckage), or any thing in or on the accident site or the transport vehicle (or its wreckage) that is evidential material; ( d ) operate equipment in or on the accident site or the transport vehicle in order to access evidential material; ( e ) in the case of evidential material that is equipment in or on the accident site or the transport vehicle, operate the evidential material; ( f ) search, without payment, the accident site or the transport vehicle (or its wreckage), and any thing in or on the accident site or the transport vehicle (or its wreckage), for evidential material; ( g ) seize any thing which is found in or on the accident site or the transport vehicle (or its wreckage) during the exercise of powers under this section that the investigator reasonably suspects is evidential material; ( h ) exercise such other powers as may be prescribed. (2) The power that an investigator may exercise under subsection (1)( d ) or ( e ) in relation to an accident site or a transport vehicle (or its wreckage) includes the power — ( a ) to use a disc, tape or other storage device that is in or on the accident site or the transport vehicle and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the accident site or the transport vehicle to put the relevant data in documentary form and remove the documents so produced from the site or vehicle; and ( c ) to operate electronic equipment in or on the place to transfer the relevant data to a disc, tape or other storage device that — (i) is brought to the accident site or the transport vehicle for the exercise of the power; or (ii) is in or on the accident site or the transport vehicle and the use of which for that purpose has been agreed in writing by the occupier of the accident site or transport vehicle, as the case may be, and to remove the disc, tape or other storage device from that site or vehicle, as the case may be. (3) The power that an investigator may exercise under subsection (1)( f ) in relation to an accident site or a transport vehicle (or its wreckage) includes — ( a ) opening anything at the accident site or the transport vehicle (or its wreckage), or in the possession of an individual found in or on the site or the transport vehicle, that is locked and to inspect anything in it; ( b ) removing or causing to be removed an obstruction from the accident site or the transport vehicle (or its wreckage); and ( c ) digging up anything at the accident site, removing roofing material, wall or ceiling linings or floors of a building, or panels or other parts of the transport vehicle (or its wreckage). (4) If any thing was seized under subsection (1)( g ), the thing must — ( a ) be returned to the person in whose possession it was when it was seized; or ( b ) if it is not reasonably practicable to return it to that person, be disposed of in such manner as the Director thinks fit, when the thing is no longer required for the purposes of an investigation.


document_id: tsia-2018
provision_ref: s28
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 28
title: Power to obtain information
content:
28. —(1) For the purpose of an investigation into a reportable matter, and pursuant to an authorisation under section 23(4), an investigator may require any person in Singapore whom the investigator has reason to believe to be acquainted with any facts or circumstances relevant to that purpose — ( a ) to attend before the investigator to answer, on oath or affirmation if required by the investigator, any question; and ( b ) to provide any document or information. (2) The power to require a person to provide any document or information under subsection (1) includes the power — ( a ) to require that person, or any individual who is or was an officer or employee of the person, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person or individual in paragraph ( a ), to state, to the best of the knowledge and belief of that person or individual (as the case may be), where the document or information is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the investigator in legible form. (3) An investigator is entitled without payment to keep any document or information, or make a copy or an extract of any document or information, provided to the investigator under subsection (1). (4) If any person fails to comply with a requirement under subsection (1) or (2), the court may, on the application of the Director, make such order as the court thinks fit to secure compliance with the requirement, and any such order may provide that all the costs or expenses of and incidental to the application must be borne by such person or by any officer of a company or other association who is responsible for the failure. (5) However, subsection (4) does not apply if the person or individual to whom a requirement is made under subsection (1) or (2) — ( a ) does not possess the document or information required; or ( b ) has taken all reasonable steps available to the person or individual to obtain the document or information required and has been unable to obtain it.


document_id: tsia-2018
provision_ref: s29
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 29
title: Power to require medical examination, etc.
content:
29. —(1) Where an investigator believes on reasonable grounds that the medical examination of an individual who is directly or indirectly involved in the operation of a transport vehicle involved in a transport occurrence is, or may be, relevant to the investigation, the investigator may, by written notice, require the individual to submit to a medical examination with a medical practitioner. (2) Where an investigator believes on reasonable grounds that the performance of an autopsy on the body of a deceased, or the carrying out of other medical examinations of human remains, is, or may be, relevant to the conduct of the investigation, the investigator may cause such an autopsy or a medical examination to be performed. (3) The power of an investigator under subsection (2) to cause such an autopsy or a medical examination to be performed includes the power to require, by written notice — ( a ) the person having custody of the body of the deceased or other human remains to permit the performance of that autopsy or medical examination; and ( b ) the autopsy report or medical examination report to be given to the investigator. (4) However, the requirement under subsection (1) that an individual submit to a medical examination does not extend to a requirement that the individual submit to any procedure involving surgery or the injection into the body of any drug, but includes requiring the individual to undergo a breath‑analyser test or a toxicological examination or to provide blood or urine for a laboratory test.


document_id: tsia-2018
provision_ref: s30
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 30
title: Powers to detain transport vehicle
content:
30. —(1) If the Director believes, on reasonable grounds, that — ( a ) evidential material is in or on a transport vehicle; and ( b ) it is necessary to exercise other powers under this Division in order to prevent the material from being removed from Singapore, or from being interfered with or to prevent its concealment, loss, deterioration or destruction, the Director may, by order, detain the vehicle for the purpose of exercising those other powers. (2) The power of the Director under subsection (1) to detain a transport vehicle includes all or any of the following powers: ( a ) to stop the transport vehicle from leaving Singapore; ( b ) to take control and possession of the transport vehicle; ( c ) to move the transport vehicle, or cause the transport vehicle to be moved, to a place approved by the Director. (3) An order under subsection (1) may be given orally, and if an oral direction is given to a group of individuals, it is deemed to have been given to each member of the group if the oral direction is made in a manner which is likely to be audible to all the members of the group or as many of them as reasonably practicable. (4) The Director may exercise the power under subsection (1) with such assistance of police officers, and by such force, as is necessary and reasonable. (5) However, the Director must not detain a transport vehicle under this section for longer than is necessary and reasonable to exercise any other powers under this Act.


document_id: tsia-2018
provision_ref: s31
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 31
title: Power to control accident site, etc.
content:
31. —(1) An investigator may, for the purpose of an investigation into a transport occurrence, and pursuant to an authorisation under section 23(4), exercise such powers as are necessary to secure either or both of the following against unauthorised disturbance: ( a ) any accident site related to the transport occurrence; ( b ) any transport vehicle involved in the transport occurrence (whether or not at the accident site) or its wreckage. (2) Without limiting subsection (1), the powers that an investigator may exercise under this section in relation to a transport occurrence include — ( a ) placing a cordon around an accident site or a transport vehicle involved in the transport occurrence (whether or not at the accident site) or its wreckage; ( b ) restricting entry to an accident site or a transport vehicle (or its wreckage) to people, animals and vehicles, that are authorised by the investigator or this Act; ( c ) preventing any unauthorised individual, animal or vehicle from disturbing or entering an accident site or a transport vehicle (or its wreckage); ( d ) removing, or ordering the removal of, any unauthorised individual, animal or vehicle from an accident site or a transport vehicle (or its wreckage); ( e ) preventing a transport vehicle (or its wreckage) from being moved; ( f ) preventing any evidential material or thing relevant to the investigation from being concealed or disturbed; ( g ) preventing any individual from removing evidential material from or otherwise interfering with an accident site or a transport vehicle (or its wreckage) or anything in it and, for that purpose, detain and search the individual. (3) The cordoned‑off area on which a cordon is placed under this section must, so far as is reasonably practicable, be indicated by means of any form of physical barrier as appears to the investigator responsible for carrying out the arrangements for applying the cordon to be appropriate. (4) An investigator is authorised to exercise any power under subsection (1) whether or not the occupier of the accident site or person in possession of the transport vehicle (or its wreckage) consents to the exercise of those powers.


document_id: tsia-2018
provision_ref: s32
chapter: PART 4 - INVESTIGATIONS AND REPORTS
section: 32
title: Exception for rescue efforts, etc.
content:
32. Nothing in this Act prevents or prohibits any person engaging in conduct that is necessary — ( a ) to ensure the safety of persons, animals or property; ( b ) to remove deceased persons or animals, or human or animal remains, from an accident site; ( c ) to move a transport vehicle, or the wreckage of a transport vehicle, to a safe place; ( d ) to protect the environment from significant damage or pollution; or ( e ) to prevent any danger or obstruction to the public or other transport vehicles in the vicinity.


document_id: tsia-2018
provision_ref: s33
chapter: PART 5 - OFFENCES
section: 33
title: Adversely affecting investigations, etc.
content:
33. —(1) A person commits an offence where — ( a ) the person engages in conduct; ( b ) the person knows that the conduct, or is reckless as to whether the conduct, will adversely affect an investigation or a preliminary assessment that is being conducted at that time or that could be conducted at a later time; ( c ) the conduct has the result of adversely affecting such an investigation or a preliminary assessment (whether or not the investigation or assessment, as the case may be, has started at that time); and ( d ) the conduct is not authorised by section 32, or by the Director or an investigator or any person acting under the authority of the Director or an investigator. (2) 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.


document_id: tsia-2018
provision_ref: s34
chapter: PART 5 - OFFENCES
section: 34
title: Otherwise hindering investigations, etc.
content:
34. —(1) A person commits an offence if — ( a ) the person engages in conduct; ( b ) the person knows that the conduct, or is reckless as to whether the conduct, will hinder or delay the Director or an investigator in the exercise of his or her powers under this Act; ( c ) the conduct has the result of hindering or delaying such an investigation or a preliminary assessment, as the case may be; and ( d ) the conduct is not authorised by section 32, or by the Director or an investigator or any person acting under the authority of the Director or an investigator. (2) A person commits an offence if the person — ( a ) knowingly obstructs or prevents, or with intent to delay; or ( b ) attempts to obstruct or prevent, or to delay, another person from complying with a notice under section 29, or an order under section 30 or 31. (3) A person who is guilty of an offence under subsection (1) or (2) 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: tsia-2018
provision_ref: s35
chapter: PART 5 - OFFENCES
section: 35
title: Unauthorised entry to cordoned‑off area, etc.
content:
35. —(1) An individual commits an offence if — ( a ) the individual enters or remains in the cordoned‑off area; and ( b ) the individual’s entry into, or remaining in, the cordoned‑off area is not authorised by section 32, or by the Director or an investigator or any person acting under the authority of the Director or an investigator. (2) An individual who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: tsia-2018
provision_ref: s36
chapter: PART 5 - OFFENCES
section: 36
title: Non‑compliance with requirement to answer, etc.
content:
36. —(1) A person commits an offence if the person, without reasonable excuse — ( a ) refuses to answer a question addressed to the person under section 28; ( b ) refuses to take an oath or make an affirmation when required by an investigator to do so under section 28; ( c ) fails or refuses to do or refrain from doing anything required of the person under section 28 or 29; or ( d ) fails or refuses to do anything required of the person by order under section 30. (2) A person commits an offence if the person — ( a ) intentionally alters, suppresses or destroys any document or information which the person has been required under section 28 or 29 to provide; or ( b ) who, in providing any document or information required under section 28 or 29, 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 (1) or (2) 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. Division 2 &#x2014; Defences


document_id: tsia-2018
provision_ref: s37
chapter: PART 5 - OFFENCES
section: 37
title: Self‑incrimination not defence
content:
37. —(1) A person is not excused from answering a question or producing evidential material in response to a requirement under this Act on the ground that the answer, or the production of the material, might tend to incriminate the person. (2) Where a person, who is an individual, claims, before answering a question or producing evidential material that he or she is required by an investigator under this Act to give, that the answer or the production of evidential material might tend to incriminate him or her — ( a ) that answer or evidential material; ( b ) the giving of the answer or production of evidential material; and ( c ) any information, document or thing obtained as a direct or an indirect consequence of the giving of the answer or the production of evidential material, are not admissible in evidence against that person in any civil proceedings or any criminal proceedings in a court, other than proceedings for an offence under any written law in respect of the falsity of the answer or evidential material produced.


document_id: tsia-2018
provision_ref: s38
chapter: PART 5 - OFFENCES
section: 38
title: Other defences
content:
38. —(1) It is not an offence under this Act for any person to refuse to comply with any requirement, notice or order made or given by the Director or any investigator under this Act if the Director or investigator — ( a ) failed to comply with section 24(3) when making the requirement or giving the notice or order; or ( b ) refused to produce his or her identification card on demand being made by that person. (2) It is also not an offence under Part 4 for any person to refuse to comply with any requirement made or given by the Director or any investigator under section 28 or 29 to provide any document or information if the person to whom the requirement is made — ( a ) does not possess the document or information required; or ( b ) has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it. Division 3 &#x2014; General


document_id: tsia-2018
provision_ref: s39
chapter: PART 5 - OFFENCES
section: 39
title: Offences by corporations
content:
39. —(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 V and VA of the Penal Code; or ( b ) the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for 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 (Cap. 163A); “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; “reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances: ( a ) action towards — (i) assessing the corporation’s compliance with the provision creating the offence; and (ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision; ( b ) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; ( c ) action towards ensuring that — (i) the plant, equipment and other resources; and (ii) the structures, work systems and other processes, relevant to compliance with the provision creating the offence are appropriate in all the circumstances; ( d ) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence; “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: tsia-2018
provision_ref: s40
chapter: PART 5 - OFFENCES
section: 40
title: Offences by unincorporated associations or partnerships
content:
40. —(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 of 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 (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 that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters V and VA of the Penal Code; or ( b ) the Evidence Act 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; “reasonable steps” has the same meaning as in section 39(6); “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: tsia-2018
provision_ref: s41
chapter: PART 5 - OFFENCES
section: 41
title: Jurisdiction of courts
content:
41. Despite the Criminal Procedure Code, a District Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: tsia-2018
provision_ref: s42
chapter: PART 5 - OFFENCES
section: 42
title: Composition of offences
content:
42. —(1) The Director, or a TSIB staff member authorised in writing by the Director for the purpose of this provision, may compound any offence under this Act that is prescribed as a compoundable offence. (2) A compoundable offence may be compounded under this section 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. (3) On payment of such sum of money, no further criminal proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund.


document_id: tsia-2018
provision_ref: s43
chapter: PART 6 - LIMITS ON DISCLOSURE OF INFORMATION
section: 43
title: Restricted information
content:
43. —(1) Subject to subsection (3), a person commits an offence if — ( a ) the person is, or has been, a Director, a TSIB staff member or a consultant; ( b ) the person — (i) makes a record of information; or (ii) discloses information to another person or to a court; ( c ) the person knew, or is reckless as to whether, when making a record or disclosing information that the information is restricted information; and ( d ) the information is restricted information. (2) Subject to subsection (3), a person commits an offence if — ( a ) the person, being a person other than an individual in subsection (1) — (i) makes a record of information; or (ii) discloses information to another person or to a court; ( b ) the person knew, or is reckless as to whether, when making a record or disclosing information that the information is restricted information; and ( c ) the information is restricted information. (3) However, subsections (1) and (2) do not apply to any of the following: ( a ) anything done by a person in performing functions or exercising powers under, or in connection with, any investigation or section 45; ( b ) disclosure to a court in criminal proceedings for an offence under any provision of this Act; ( c ) disclosure to a court in civil proceedings where the General Division of the High Court makes an order under subsection (4). [Act 40 of 2019 wef 10/01/2025] (4) If the General Division of the High Court is satisfied that any adverse domestic or international impact that a disclosure of restricted information might have on any current or future collection and availability of transport safety related information is outweighed by the public interest in the administration of justice, the General Division of the High Court may order the disclosure of the restricted information. [Act 40 of 2019 wef 10/01/2025] (5) In making an order under subsection (4), the General Division of the High Court may direct that the restricted information, or any information obtained from the restricted information, must not — ( a ) be published or communicated to any person; or ( b ) be published or communicated except — (i) in an anonymised form or as statistics which do not identify any person; or (ii) in such manner, and to such persons, as the General Division of the High Court specifies. [Act 40 of 2019 wef 10/01/2015] (6) A person who is guilty of an offence under subsection (1) or (2) 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. (7) In this section — “OBR information” means — ( a ) an OBR or any part of an OBR; ( b ) a copy or transcript of the whole or any part of an OBR, including a copy made before the happening of the transport occurrence that caused the recording to become an OBR; or ( c ) any information obtained from an OBR or any part of an OBR; “on‑board recording” or “OBR” means a recording that satisfies all of the following: ( a ) the recording consists of (or consists mainly of) sounds or images, or sounds and images, of persons in the control area of a transport vehicle; ( b ) the recording was made in order to comply with a law in force in any country; ( c ) any part of the recording was made at the time of the occurrence of an immediately reportable matter that involved the transport vehicle, but excludes a recording that is of a kind declared by regulations not to be an OBR for the purposes of this Act; “restricted information”, in relation to a transport occurrence, means any of the following: ( a ) all statements (whether oral or in writing) obtained from persons by an investigator, a TSIB staff member or a consultant in the course of an investigation (including any record of such a statement) of the transport occurrence; ( b ) all information recorded by an investigator, a TSIB staff member or a consultant in the course of an investigation of the transport occurrence; ( c ) all communications with a person involved in the operation of a transport vehicle that is or was the subject of an investigation of the transport occurrence, such as OBR information; ( d ) medical or private information regarding persons (including deceased persons) involved in the transport occurrence that is being or has been investigated; ( e ) in relation to a transport vehicle that is or was the subject of an investigation of the transport occurrence — information recorded for the purposes of monitoring or directing the progress of the vehicle from one place to another or information recorded in relation to the operation of the vehicle; ( f ) records of the analysis of information or evidential material acquired in the course of an investigation of the transport occurrence, including opinions expressed by a person in that analysis; ( g ) any other information that is obtained or derived from investigations of the transport occurrence and prescribed in relation to that transport occurrence.


document_id: tsia-2018
provision_ref: s44
chapter: PART 6 - LIMITS ON DISCLOSURE OF INFORMATION
section: 44
title: Not compellable to give evidence
content:
44. —(1) If a person is prohibited by section 43 from disclosing any restricted information, then — ( a ) the person cannot be required by any court to disclose the information; and ( b ) any information disclosed by the person in contravention of this section is not admissible in any civil proceedings or other proceedings or any criminal proceedings other than proceedings against the person under section 43. (2) The Director, a TSIB staff member or a consultant who is an investigator is not compellable to give an expert opinion in any civil or criminal proceedings or other proceedings in relation to a matter related to transport safety. (3) However, this section does not apply in relation to coroner’s inquiries.


document_id: tsia-2018
provision_ref: s45
chapter: PART 6 - LIMITS ON DISCLOSURE OF INFORMATION
section: 45
title: Acts of unlawful interference
content:
45. If, in the course of an investigation of a transport occurrence, it becomes known or is suspected that an act of unlawful interference was associated with or involved in the occurrence, the investigator must, after consulting the Director and the Minister — ( a ) immediately inform the Commissioner of Police; and ( b ) take steps to ensure that the appropriate foreign authorities concerned are informed of the fact.


document_id: tsia-2018
provision_ref: s46
chapter: PART 7 - MISCELLANEOUS
section: 46
title: Protection from liability
content:
46. No liability shall lie against a person who, acting in good faith and with reasonable care, does or omits to do anything — ( a ) in the execution or purported execution of this Act; ( b ) in complying with an order or a direction given under this Act; or ( c ) when assisting an investigator.


document_id: tsia-2018
provision_ref: s47
chapter: PART 7 - MISCELLANEOUS
section: 47
title: General exemption
content:
47. The Minister may, by order in the Gazette , exempt any person or class of persons or any transport vehicle or class of transport vehicles from all or any provisions of this Act, either generally or in a particular case and subject to such conditions as may be specified in the order.


document_id: tsia-2018
provision_ref: s48
chapter: PART 7 - MISCELLANEOUS
section: 48
title: Service of documents
content:
48. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document permitted or required by 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; ( f ) by sending it by email to the individual’s last email address; ( g ) by giving an electronic notice to the individual by the individual’s chosen means of notification, stating that the document is available and how the individual may use the individual’s chosen means of access to access the document’s contents; or ( h ) by any other method authorised by regulations for the service of documents of that kind if the individual consents to service of a document of that kind in that way. (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 like 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; ( d ) by sending it by email to the partnership’s last email address; ( e ) by giving an electronic notice to the partnership by the partnership’s chosen means of notification, stating that the document is available and how the partnership may use the partnership’s chosen means of access to access the document’s contents; or ( f ) by any other method authorised by regulations for the service of documents of that kind if the partnership consents to service of a document of that kind in that way. (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 like 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; ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address; ( e ) by giving an electronic notice to the body corporate or unincorporated association by the body corporate’s or unincorporated association’s chosen means of notification, stating that the document is available and how the body corporate or unincorporated association (as the case may be) may use its chosen means of access to access the document’s contents; or ( f ) by any other method authorised by regulations for the service of documents of that kind if the body corporate or unincorporated association (as the case may be) consents to service of a document of that kind in that way. (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; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) However, service of any document under this Act on a person by email, or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent to service in that way. (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; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “document” includes a notice or order 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, or 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. (8) This section does not apply to documents to be served in civil proceedings or criminal proceedings in court or other proceedings.


document_id: tsia-2018
provision_ref: s49
chapter: PART 7 - MISCELLANEOUS
section: 49
title: Regulations
content:
49. —(1) The Minister may make regulations prescribing matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the Minister may make regulations for the following matters: ( a ) the appointment of nominated officials for reporting of reportable matters, which may include different nominated officials for different reportable matters; ( b ) the reporting of reportable matters, which may include different periods for reporting for different reportable matters; ( c ) the conduct of investigations into transport occurrences; ( d ) the participation or representation of individuals other than investigators in any investigation as allowed under international agreements, including recovery or reimbursement of reasonable expenses incurred by these individuals by reason of their participation in the investigation from owners or operators of the transport vehicle involved; ( e ) the recovery of costs and expenses incurred in carrying out the investigations; ( f ) the methods of service of documents required or permitted by this Act to be served; ( g ) the offences under this Act that may be compounded; ( h ) the fees to be paid in connection with the administration of this Act, and the waiver, reduction or refund of fees charged. (3) Regulations made under this section may — ( a ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 5 years or with both; and ( b ) provide for such saving, transitional and other consequential, incidental and supplemental provisions as is necessary or expedient.


document_id: tsia-2018
provision_ref: s50
chapter: PART 7 - MISCELLANEOUS
section: 50
title: Presentation to Parliament
content:
50. All orders and regulations made under sections 5(5), 47 and 49, respectively, must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: tsia-2018
provision_ref: s51
chapter: PART 8 - AMENDMENTS TO OTHER ACTS
section: 51
title: Amendment of Air Navigation Act
content:
51. The Air Navigation Act (Cap. 6, 2014 Ed.) is amended — ( a ) by deleting the definitions of “Air Accident Investigation Bureau of Singapore” or “AAIB” and “Inspector of Accidents” or “Inspector” in section 2(1); ( b ) by deleting paragraphs ( a ) to ( d ) of the definition of “excluded information” in section 12 and substituting the following paragraphs: “ ( a ) all statements (whether oral or in writing) obtained from persons by an investigator, or a staff member or consultant of the Transport Safety Investigation Bureau of Singapore in the course of an investigation or a preliminary assessment (including any record of such a statement) under the Transport Safety Investigations Act 2018; ( b ) all information recorded by an investigator, or a staff member or consultant of the Transport Safety Investigation Bureau of Singapore in the course of an investigation or a preliminary assessment under the Transport Safety Investigations Act 2018; ( c ) all communications with a person involved in the operation of an aircraft that is or was the subject of an investigation or a preliminary assessment under the Transport Safety Investigations Act 2018; ( d ) all medical or private information regarding persons (including deceased persons) involved in an accident or incident that is being or has been investigated, or the subject of a preliminary assessment, under the Transport Safety Investigations Act 2018; ( da ) all records of the analysis of information or evidential material acquired in the course of an investigation or a preliminary assessment under the Transport Safety Investigations Act 2018 (such as but not limited to flight recorder information), including any opinion expressed by a person in the analysis of such information or evidential material; ”; ( c ) by deleting the heading of Part IIA and substituting the following heading: “ AIR TRANSPORT UNDERTAKINGS ”; ( d ) by repealing sections 13 to 14E (including the Division 1, 2 and 3 headings); ( e ) by deleting the words “Without prejudice to section 14C, a” in section 29D(1) and substituting the word “A”; ( f ) by inserting the word “or” at the end of section 29D(1)( b ); and ( g ) by deleting paragraph ( c ) of section 29D(1).


document_id: tsia-2018
provision_ref: s52
chapter: PART 8 - AMENDMENTS TO OTHER ACTS
section: 52
title: Amendment of Civil Aviation Authority of Singapore Act
content:
52. Section 7(1) of the Civil Aviation Authority of Singapore Act (Cap. 41, 2014 Ed.) is amended by deleting paragraph ( ga ) and substituting the following paragraph: “ ( ga ) to cooperate with the Transport Safety Investigation Bureau of Singapore in relation to investigations under the Transport Safety Investigations Act 2018; ”.


document_id: tsia-2018
provision_ref: s53
chapter: PART 8 - AMENDMENTS TO OTHER ACTS
section: 53
title: Amendment of Land Transport Authority of Singapore Act
content:
53. Section 7(1) of the Land Transport Authority of Singapore Act (Cap. 158A, 1996 Ed.) is amended by inserting, immediately after paragraph ( l ), the following paragraph: “ ( la ) to cooperate with the Transport Safety Investigation Bureau of Singapore in relation to investigations under the Transport Safety Investigations Act 2018; ”.


document_id: tsia-2018
provision_ref: s54
chapter: PART 8 - AMENDMENTS TO OTHER ACTS
section: 54
title: Amendment of Maritime and Port Authority of Singapore Act
content:
54. Section 7(1) of the Maritime and Port Authority of Singapore Act (Cap. 170A, 1997 Ed.) is amended by inserting, immediately after paragraph ( l ), the following paragraph: “ ( la ) to cooperate with the Transport Safety Investigation Bureau of Singapore in relation to investigations under the Transport Safety Investigations Act 2018; ”.


document_id: tsia-2018
provision_ref: s55
chapter: PART 8 - AMENDMENTS TO OTHER ACTS
section: 55
title: Amendment of Public Utilities Act
content:
55. Section 6(1) of the Public Utilities Act (Cap. 261, 2002 Ed.) is amended by deleting the word “and” at the end of paragraph ( ja ), and by inserting immediately thereafter the following paragraph: “ ( jb ) cooperate with the Transport Safety Investigation Bureau of Singapore in relation to investigations under the Transport Safety Investigations Act 2018; and ”.


document_id: tsia-2018
provision_ref: s56
chapter: PART 8 - AMENDMENTS TO OTHER ACTS
section: 56
title: Amendment of Rapid Transit Systems Act
content:
56. The Rapid Transit Systems Act (Cap. 263A, 2004 Ed.) is amended by deleting paragraph ( e ) of section 45(2) and substituting the following paragraph: “ ( e ) reporting to the Authority of accidents on any part of a railway operated by a licensee, and investigating into such accidents; ”.


document_id: tsia-2018
provision_ref: s57
chapter: PART 8 - AMENDMENTS TO OTHER ACTS
section: 57
title: Saving and transitional
content:
57. —(1) Every investigation or inquiry into an accident or incident that — ( a ) started before the date of commencement of section 51 — (i) under Part IIA of the Air Navigation Act; or (ii) under Part V of the Merchant Shipping Act by an inspector appointed under section 108 of that Act; and ( b ) remains uncompleted immediately before that date, must continue as if this Act had not been enacted. (2) Despite subsection (1), every investigation or inquiry mentioned in that subsection must be treated as if an investigation under this Act for the purposes of — ( a ) Part 6, and particularly the definition of “restricted information” in section 43; and ( b ) section 12 of the Air Navigation Act as amended by this Act. (3) Every individual who, immediately before the date of commencement of section 23, is appointed — ( a ) an Inspector of Accidents under section 13B(1) of the Air Navigation Act; or ( b ) an inspector under section 108 of the Merchant Shipping Act, continues to hold such office as if he or she were appointed an investigator under this Act. (4) Every report published by the Air Accident Investigation Bureau of Singapore under section 13B(7) of the Air Navigation Act is to be treated as a report published under section 20. (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.


document_id: tsmrma-2017
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “armed conflict” does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; “Convention” means the International Convention for the Suppression of Acts of Nuclear Terrorism done in New York on 13 April 2005; “Convention country” means a foreign country that is a Party to the Convention; “Convention device” means — ( a ) an explosive or incendiary device that releases or disseminates radioactive material or emits radiation; or ( b ) a device that releases or disseminates radioactive material or emits radiation, and that may, owing to its radiological properties, cause — (i) the death of, or serious bodily injury to, any individual; or (ii) substantial damage to property or to the environment; “conveyance” includes any vessel, vehicle, train, aircraft or other mode of transport; “country” includes a State or territory; “government” means the government of a country, and includes the legislature and judiciary of the country; “ionising radiation” means any electromagnetic radiation or corpuscular radiation that gives rise to the formation of ion pairs on interaction with matter; “military forces of a State” means — ( a ) the armed forces of a country, which are organised, trained and equipped under its internal law for the primary purpose of national defence or security; ( b ) civilians who direct or organise the official activities of those armed forces; or ( c ) civilians acting in support of the official activities of those armed forces, if those civilians are under the formal command, control and responsibility of those forces; “nuclear facility” means — ( a ) any nuclear reactor (including a nuclear reactor installed on any vessel, vehicle, aircraft or space object for use as an energy source for propelling that vessel, vehicle, aircraft or space object, or for any other purpose); or ( b ) any plant or conveyance used for the production, storage, processing or transport of radioactive material; “nuclear material” means — ( a ) plutonium, except plutonium with an isotopic concentration of plutonium‑238 exceeding 80%; ( b ) uranium‑233; ( c ) uranium containing uranium‑233 or uranium‑235 or both in such an amount that the abundance ratio of the sum of those isotopes to uranium‑238 is greater than the ratio of uranium‑235 to uranium‑238 occurring in nature; ( d ) uranium with an isotopic concentration equal to that occurring in nature, but not in the form of ore or ore residue; or ( e ) any material containing one or more of the materials mentioned in paragraphs ( a ) to ( d ); “nuclear terrorism offence” means — ( a ) an offence under section 4, 5, 6, 7, 8, 9 or 10; ( b ) an abetment of or a conspiracy to commit an offence under section 4, 5, 6, 7, 8 or 9; or ( c ) an act by a person that would make the person liable for an offence mentioned in paragraph ( a ) by virtue of section 34 or 35 of the Penal Code 1871; “radioactive material” means any nuclear material or any other radioactive substance; “radioactive substance” means any substance — ( a ) that contains one or more nuclides that undergo spontaneous disintegration accompanied by the emission of one or more types of ionising radiation; and ( b ) that, owing to its radiological or fissile properties, may cause — (i) the death of, or serious bodily injury to, any individual; or (ii) substantial damage to property or to the environment.


