# legal_provisions

document_id: poa-2009
provision_ref: s21A
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 21A
title: Enhanced security special event declared by Minister
content:
21A. —(1) Where the Minister is satisfied, in relation to any event, that any of the following applies: ( a ) there is a reasonable likelihood that the event may be disrupted if all or any of the powers in sections 24 to 29 and 32A are not exercised; ( b ) the exercise of all or any of those powers is necessary because of the need to protect persons involved in or at the event; ( c ) the exercise of all or any of those powers is required as a condition of holding the event in Singapore; ( d ) there is a reasonable likelihood that the event might be the subject of an act of terrorism because of the nature of the event, or the attendance or likely attendance of prominent persons or a large number of people, the Minister may give directions to the Commissioner requiring the Commissioner to refer the event, or a class of similar events, specified in the direction, to the Minister for deciding whether to make a declaration, and the scope of the declaration, under section 21 instead of the Commissioner, and every such event, or event in the class, specified must then be so referred to the Minister. [23/2017] (2) In deciding whether to make a declaration, and the scope of the declaration, under section 21, in relation to any event specified in a direction under subsection (1), the Minister has all the functions and powers of the Commissioner under section 21, and a reference in that section to the Commissioner accordingly includes a reference to the Minister. [23/2017] (3) A declaration made by the Minister under section 21 read with this section must be published in the Gazette . [23/2017] (4) Once such a declaration is made, the Minister must, within 7 days after the making of the declaration and before the date the declaration comes into force, cause to be published a notice of the making of the declaration, describing briefly the event and the special event area for that event in a manner that will secure adequate publicity for the declaration. [23/2017] (5) If the Minister, by virtue of this section read with section 21(7), makes any amendment to the declaration for an enhanced security special event, the Minister must publish the amended declaration in the Gazette ; and a notice describing briefly the amendment must be published as soon as practicable in a manner that will secure adequate publicity for the amended declaration. [23/2017] (6) However, failure to publish a notice under subsection (4) or (5) in respect of any declaration or amended declaration by the Minister does not invalidate the declaration. [23/2017]


document_id: poa-2009
provision_ref: s22
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 22
title: Statutory conditions of entry
content:
22. —(1) At any time after a declaration is made in respect of an enhanced security special event and the special event area for that event, the Commissioner may, with the approval of the Minister, determine that all or any of the following conditions apply to the special event area: ( a ) that a person seeking to enter or in the special event area must, if asked by a police officer or an approved person, permit an inspection to be made of his or her personal property; ( b ) that a person seeking to enter or in the special event area must, if asked by a police officer, permit a search to be made of the person; ( c ) that a person must not take into or possess in the special event area a prohibited item; ( d ) that a person seeking to enter or in the special event area must comply with any lawful order of a police officer or an approved person regarding the entrant’s entry into and remaining in that area. [23/2017] (2) Once any such determination is made in respect of an enhanced security special event and its special event area, the Commissioner must, by notification in the Gazette , specify — ( a ) the places (if any) at which a police officer or an approved person may exercise specified powers under sections 24 to 29; ( b ) if the determination includes the statutory condition of entry that a person must not take into or possess in the special event area a prohibited item, the thing or animal a person is prohibited from bringing into the special event area; and ( c ) any other conditions that apply to entry to the special event area or any part of it. [23/2017] (3) Any notification under subsection (2) in respect of an enhanced security special event and its special event area must be made and published at least 7 days before the proposed date of the enhanced security special event or, in the case where the enhanced security special event is to take place during a proposed period, the beginning of that proposed period. [23/2017] (4) Once a notification under subsection (2) is published, the Commissioner must, within 7 days thereafter and before the proposed date of the enhanced security special event or, in the case where the enhanced security special event is to take place during a proposed period, the beginning of that proposed period, cause to be published a copy of the notification in a manner that will secure adequate publicity for it. [23/2017] (5) The Commissioner may at any time amend the notification under subsection (2) relating to an enhanced security special event and special event area; and notice of the amendment describing briefly the changes in the notification must be published as soon as practicable in a manner that will secure adequate publicity for the amended declaration. [23/2017]


document_id: poa-2009
provision_ref: s23
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 23
title: Tickets sellers to inform of statutory conditions of entry
content:
23. —(1) If any person who sells tickets to an event has reasonable grounds for believing that the event may be declared a special event by the Minister, the person must take reasonable steps to tell a person, before the person buys tickets to the event, that statutory conditions of entry may apply to the event. [23/2017] (2) If an event has been declared a special event by the Minister, the person who sells tickets to the event must take reasonable steps to tell a person, before the person buys tickets to the event, the statutory conditions of entry that apply to the event. [23/2017]


document_id: poa-2009
provision_ref: s24
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 24
title: Inspection of personal property, etc., as condition of entry
content:
24. —(1) This section applies only if the notification under section 22(2) relating to the enhanced security special event to be held at a special event area states that it is a condition of entry to the special event area that an entrant to the area must, if asked by a police officer or an approved person, permit an inspection to be made of the entrant’s personal property. [23/2017] (2) Subject to subsection (3), a police officer or an approved person may ask the entrant to do one or more of the following: ( a ) allow the police officer or approved person to inspect the entrant’s personal property; ( b ) remove one or more garments worn by the entrant as specified by the police officer or approved person and allow the police officer or approved person to inspect the garments; ( c ) remove all articles from the entrant’s clothing and allow the police officer or approved person to inspect them; ( d ) open an article for inspection and allow the police officer or approved person to inspect it; ( e ) open a vehicle or a part of it for inspection and allow the police officer or approved person to inspect it; ( f ) remove an article from the vehicle as specified by the police officer or approved person and allow the police officer or approved person (as the case may be) to inspect it. (3) A police officer or an approved person may make a request under subsection (2) if the police officer or approved person reasonably considers it necessary to make a request under subsection (2) in relation to an entrant or the entrant’s personal property, whether or not the entrant or his or her personal property have been subjected to screening. (4) Any person who fails to comply with the request of a police officer or an approved person under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (5) In this section, inspecting an article includes handling the article, opening it and examining its contents.


document_id: poa-2009
provision_ref: s25
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 25
title: Search of person
content:
25. —(1) This section applies only if the notification under section 22(2) relating to the enhanced security special event to be held at a special event area states that it is a condition of entry to the special event area that an entrant to the area must, if asked by a police officer, permit a search to be made of the person. [23/2017] (2) A police officer may ask a person to permit a search of the person where — ( a ) the person is entering or about to enter a special event area; or ( b ) the person is in a special event area. (3) Any person who fails to comply with the request of a police officer under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: poa-2009
provision_ref: s26
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 26
title: Prohibited items
content:
26. —(1) This section applies only if the notification under section 22(2) relating to the enhanced security special event to be held at a special event area states that it is a condition of entry to the special event area that an entrant must not take into or possess in the special event area a prohibited item. [23/2017] (2) A person must not take a prohibited item into a special event area, unless the person has the express permission of a police officer to do so. [16/2015] (3) A person must not — ( a ) without lawful excuse, possess a prohibited item in a special event area; or ( b ) use a prohibited item in a way that causes — (i) the prohibited item or any part of it; (ii) something contained in or on the prohibited item; or (iii) something produced by the prohibited item, to enter the special event area. [16/2015] (4) In proceedings for an offence under subsection (5) for failing to comply with subsection (3) — ( a ) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that an area is a special event area; but ( b ) it is a defence to a charge for failing to comply with subsection (3)( b ) for the accused to prove, on a balance of probabilities, that — (i) the accused did not intentionally cause the prohibited item or part of it, or something contained in or on, or produced by, the prohibited item, to enter the special event area, and the entry was not due to any want of reasonable care on the part of the accused; or (ii) the accused had in force a prohibited item permit from the Commissioner and had, in accordance with that permit, used a prohibited item in a way that caused it, something contained in it or on it or something produced by it, to enter the special event area. [16/2015] (5) Any person who fails to comply with subsection (2) or (3) 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. [16/2015] (6) It shall not be an offence under this section if the person disposes of the prohibited item before entering the special event area.


document_id: poa-2009
provision_ref: s27
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 27
title: Security screening at special event area of enhanced security special event
content:
27. —(1) This section applies if the security system for a special event area of an enhanced security special event involves the use of screening devices, such as (but not limited to) the following: ( a ) a walk-through detector; ( b ) an X-ray machine; ( c ) a hand-held scanner. [23/2017] (2) A police officer or an approved person may ask an entrant to a special event area to undergo any form of security screening, including doing one or more of the following: ( a ) to walk through a walk-through detector; ( b ) to pass the entrant’s personal property through an X‑ray machine; ( c ) to allow the police officer or approved person to pass a hand‑held scanner in close proximity to the entrant; ( d ) to allow the police officer or approved person to pass a hand‑held scanner in close proximity to the entrant’s personal property. (3) Any person who fails to comply with the request of a police officer or an approved person under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: poa-2009
provision_ref: s28
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 28
title: Power to require reasons for entry to special event area of enhanced security special event
content:
28. —(1) A police officer or an approved person may ask an entrant to a special event area of an enhanced security special event to state the person’s name and residence and his or her reason for being in, or about to enter, the area. [23/2017] (2) If the person fails to comply with the request of a police officer or an approved person under subsection (1), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (3) In this section, “residence”, in relation to a person, means the address of the place where the person usually lives in Singapore.


document_id: poa-2009
provision_ref: s29
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 29
title: Refusal of entry and removal from special event area of enhanced security special event
content:
29. —(1) This section applies if — ( a ) the entrant fails to comply with a request of a police officer or an approved person made under this Part; ( b ) the entrant fails to satisfy a police officer or an approved person that the entrant has a good and lawful reason to be at the special event area of an enhanced security special event or a particular part of it; or ( c ) a police officer or an approved person reasonably suspects that the entrant is about to commit, has committed or is committing an offence under section 26(5), 31 or 32. [23/2017] (2) Unless the entrant is arrested — ( a ) if the entrant has entered the special event area — a police officer or an approved person may direct the entrant to leave and not re‑enter the special event area; and ( b ) if the entrant is about to enter the special event area — a police officer or an approved person may by direction refuse him or her entry to the special event area. (3) If a person contravenes any direction given by a police officer or an approved person under subsection (2)( a ) or ( b ) to leave a special event area, or attempts to enter or re‑enter the special event area contrary to such a direction, a police officer may use any force that is reasonable and necessary to arrest and detain the person for the purpose of removing the person from or preventing his or her entry or re‑entry to the special event area, or to remove the person from the area, as the case may be.


document_id: poa-2009
provision_ref: s30
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 30
title: Directions to event organiser
content:
30. —(1) The Commissioner may, if the Commissioner reasonably believes that it is necessary for preserving public order and the safety of individuals involved in the special event and other individuals and for the avoidance of disruptions to the special event, at any time during the period the declaration relating to that special event is in force, give written directions to the event organiser of the special event requiring the event organiser concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the direction or are of a description as specified therein as are necessary for preserving public order and the safety of individuals involved in the special event and other individuals and to avoid disruptions to the special event. (2) Without limiting subsection (1), a written direction under that subsection may require the event organiser concerned — ( a ) to alter, demolish or remove any gate, door, fence, platform, staging, hoarding or other structure which is wholly within the special event area; ( b ) to keep unblocked any stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare wholly or partly within the special event area; ( c ) to arrange for the removal of a vehicle from, or the movement of a vehicle within, the special event area; ( d ) to give access or priority of access to the public to specified kinds of facilities, amenities or services provided by the event organiser; ( e ) to cease, either wholly or to the extent specified in the direction, any activity on the special event area or part thereof; ( f ) to implement security measures during the holding of the special event, such as the deployment of security personnel and the security screening of persons and vehicles; ( g ) to change the venue of the special event, or to cancel or postpone the special event; or ( h ) to inform any person attending or intending to attend the special event of any matter mentioned in paragraph ( g ), or that requires the person to observe certain conduct at the special event, or any other matter in relation to the event, in the form and manner that the Commissioner may determine. [23/2017] (3) The manner in which that access, or priority of access, is to be given must be set out in the direction under subsection (1). (4) The terms and conditions on which that access, or priority of access, is to be given must be set out in the direction under subsection (1). (5) An event organiser who, without reasonable excuse, fails to comply with any written direction given under subsection (1) or as modified under subsection (8) 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 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [23/2017] (6) Despite subsection (5), no event organiser shall, by virtue of this section, be guilty of an offence of failing to comply with a written direction containing requirements mentioned in subsection (2)( a ) or ( b ) if the event organiser — ( a ) is not the owner of the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, mentioned in the direction at the relevant time relating to the offence concerned; and ( b ) within 7 days after service on him or her of a notice alleging that he or she has been guilty of the offence, provides by declaration to the Commissioner, the name and address of the person who is the owner of the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, as the case may be. (7) Upon receipt of a declaration under subsection (6), the Commissioner may, during the period a declaration relating to that special event is in force, give another written direction in writing requiring the person named in the declaration under subsection (6) as the owner of — ( a ) the gate, door, fence, platform, staging, hoarding or other structure; or ( b ) the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, specified in the written direction to the event organiser (called the original direction) requiring that owner to do, or not to do, such things as are specified in the original direction or are of a description as specified therein as necessary for preserving public order and the safety of individuals involved in the special event and other individuals and to avoid disruptions to the special event. [23/2017] (8) The Commissioner may, without affording an opportunity to be heard, modify any written direction given under subsection (1) or (7) for any purpose mentioned in that subsection. [23/2017] (9) The Commissioner must first obtain the approval of the Minister if, in relation to an enhanced security special event, the Commissioner gives, or modifies, a written direction containing the requirement mentioned in subsection (2)( g ) or (7). [23/2017] (10) If, after the expiry of 7 days from the date of the written direction given under subsection (7) or as modified under subsection (8), the owner to whom the written direction is given, without reasonable excuse, fails to comply with the written direction, he or she 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 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [23/2017] (11) Where an event organiser or owner fails to comply with any requirement in a written direction given under subsection (1) or (7), respectively (or as modified under subsection (8)), the Commissioner may, if satisfied that the failure is likely to pose a risk to the safety of individuals involved in the special event and other individuals, take such measures and do such work as may be necessary to give effect to the written direction. [23/2017] (12) The Commissioner may recover all costs and expenses reasonably incurred under subsection (11) from the event organiser, or the owner, in default, as a civil debt due to the Government. [23/2017] (13) In subsections (6), (7), (8), (11) and (12), “owner”, in relation to any gate, door, fence, platform, staging, hoarding or other structure, or stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, in any premises means — ( a ) except as otherwise provided in paragraph ( b ) or ( c ) — the person for the time being receiving the rent of the premises, whether on his or her own account or as agent or trustee or as receiver, or who would receive the same if the premises were let to a tenant and includes a mortgagee in possession; ( b ) where the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, is part of any common property or limited common property within the meaning of the Building (Strata Management) Act 2004 — (i) the management corporation established under that Act having control of the common property if comprised in a strata title plan, or the person receiving any rent or charge for the maintenance of that common property; (ii) the subsidiary management corporation established under that Act having control of the limited common property if comprised in a strata title plan, or the person receiving any rent or charge for the maintenance of that limited common property; or (iii) the person receiving any rent or charge for the maintenance and management of the common property not comprised in a strata title plan; and [Act 12 of 2020 wef 01/10/2025] ( c ) where the gate, door, fence, platform, staging, hoarding or other structure, or the stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare, is part of the common property of any housing estate of the Housing and Development Board — that Board or the Town Council established under the Town Councils Act 1988 for that housing estate. [23/2017]


document_id: poa-2009
provision_ref: s31
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 31
title: Unauthorised entry to special event area of enhanced security special event, etc.
content:
31. —(1) A person must not enter or remain in a special event area of an enhanced security special event unless the person — ( a ) has the consent of the event organiser; and ( b ) is otherwise authorised to enter or remain at the area under this Act. [23/2017] (2) A person who — ( a ) contravenes subsection (1); or ( b ) contravenes any direction given by a police officer or an approved person under section 29(2) to leave a special event area of an enhanced security special event, or attempts to enter or re‑enter the special event area contrary to such a direction, 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. [23/2017]


document_id: poa-2009
provision_ref: s32
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 32
title: Interference with enhanced security special event, etc.
content:
32. —(1) If a person in a special event area of an enhanced security special event — ( a ) engages in violent behaviour; ( b ) disrupts, interferes with, delays or obstructs the conduct of an enhanced security special event, or any activity associated with the enhanced security special event, by throwing anything or in any other way; or ( c ) in any other way interferes with the reasonable enjoyment of an enhanced security special event, or an activity associated with the enhanced security special event, by someone else, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [16/2015; 23/2017] (2) If a person (whether in or outside a special event area of an enhanced security special event) operates an unmanned aircraft in a manner — ( a ) that disrupts, interferes with, delays or obstructs the conduct of an enhanced security special event, or any activity associated with the enhanced security special event; or ( b ) that interferes with the reasonable enjoyment of an enhanced security special event, or an activity associated with the enhanced security special event, the person 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. [16/2015; 23/2017] (3) In proceedings for an offence under subsection (2) — ( a ) it is not necessary for the prosecution to prove that an accused intentionally caused the unmanned aircraft to fly in a manner as described in subsection (2)( a ) or ( b ); but ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the flight was not due to any want of reasonable care on the part of the accused. [16/2015]


document_id: poa-2009
provision_ref: s32A
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 32A
title: Interception, etc., of unmanned aircraft
content:
32A. —(1) Where an authorised person has reason to believe that an unmanned aircraft is being operated in a manner — ( a ) that contravenes section 26(2) or (3) or 32(2); or ( b ) that poses a serious and an imminent risk to the security or safety of persons lawfully attending an enhanced security special event, the authorised person may, subject to subsection (3), exercise all or any of the powers in subsection (2) in relation to the unmanned aircraft for either purpose: ( c ) preventing further contravention of section 26(2) or (3) or 32(2); ( d ) preventing or stopping any actual or imminent occurrence that endangers or threatens to endanger the security or safety of persons lawfully attending an enhanced security special event. [16/2015; 23/2017] (2) For the purposes of subsection (1), the powers that may be exercised by an authorised person in relation to an unmanned aircraft are without warrant — ( a ) to direct any person whom the authorised person reasonably believes to be involved in the operation of the unmanned aircraft — (i) to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or (ii) to fly the unmanned aircraft in the manner specified by the authorised person; ( b ) with such assistance and by such force as is necessary — (i) to assume control of an unmanned aircraft to fly the aircraft or to end the flight of the aircraft, or land it, safely in the fastest practicable way; or (ii) to end the flight of the unmanned aircraft in the fastest and safest practicable way; or ( c ) to seize the unmanned aircraft and any component of the unmanned aircraft system for that aircraft, or other thing, that the authorised person believes on reasonable grounds — (i) to be evidential material relevant to an offence under this Part; or (ii) needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Part. [16/2015] (3) In authorising any person under subsection (1), the Commissioner may do all or any of the following: ( a ) limit the powers in subsection (2) that the authorised person may exercise; ( b ) limit when the authorised person may exercise his or her powers in subsection (2) or any of them; ( c ) limit where in Singapore the authorised person may exercise his or her powers in subsection (2) or any of them; ( d ) limit the circumstances in which the authorised person may exercise his or her powers in subsection (2) or any of them; ( e ) limit the offences in respect of which the authorised person may exercise his or her powers in subsection (2) or any of them. [16/2015] (4) Any person who, without reasonable excuse, contravenes any direction under subsection (2)( a ) 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. [16/2015] (5) A Magistrate may, on an application by the Commissioner, make an order authorising the Commissioner to destroy or otherwise dispose of any thing seized under subsection (2)( c ) by an authorised person, if the Magistrate is satisfied that — ( a ) apart from this section, an authorised person or the Commissioner is required to return the thing to a person; and ( b ) the authorised person or the Commissioner cannot, despite making reasonable efforts, locate the person or the person has refused to take possession of that thing. [16/2015] (6) In this section, “evidential material” means any thing that is relevant to proving a contravention of any provision of this Act or any subsidiary legislation under this Act (whether or not an offence). [16/2015] (7) In this section, an authorised person is a police officer, or an auxiliary police officer, of or above the rank of sergeant and authorised by the Commissioner to exercise powers under this section. [16/2015] (8) To avoid doubt, nothing in this section derogates from the provisions of the Criminal Procedure Code 2010 or section 201B of the Singapore Armed Forces Act 1972. [16/2015]


document_id: poa-2009
provision_ref: s33
chapter: PART 3 - SPECIAL EVENTS SECURITY
section: 33
title: Saving of operation of Part 2
content:
33. Despite anything in Part 2, no public assembly and no public procession of any class or description (whether or not exempted from section 5 under section 46, and whether or not excluded from any prohibition under section 12(2)) shall take place within any special event area of an enhanced security special event for such period as the declaration relating to the special event area is in force unless — ( a ) the Commissioner is notified under section 6 of the intention to hold the public assembly or public procession; and ( b ) a permit is granted under section 7 in respect of that public assembly or public procession, as the case may be, and the provisions of Part 2 apply to such a public assembly and public procession. [23/2017]


document_id: poa-2009
provision_ref: s34
chapter: PART 4 - POWERS TO PRESERVE AND MAINTAIN PUBLIC ORDER
section: 34
title: Application of this Part
content:
34. —(1) This Part applies in relation to the following places (called in this Act regulated places): ( a ) all public places; ( b ) such other places that are prescribed, and in this section, “place” includes an area. (2) This Part does not apply to any assembly or procession that is not unlawful under Part 2.


document_id: poa-2009
provision_ref: s35
chapter: PART 4 - POWERS TO PRESERVE AND MAINTAIN PUBLIC ORDER
section: 35
title: When power applies to behaviour
content:
35. —(1) Subject to this section, a police officer may exercise a power under section 36 in relation to any person at or near a regulated place if the police officer reasonably suspects the person’s behaviour — ( a ) is or has been interfering with trade or business at the place by obstructing, hindering or impeding someone entering, at or leaving the place; ( b ) is or has been disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; ( c ) is or has been disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place; or ( d ) shows that he or she is just about to commit an offence or has just committed or is committing an offence. (2) If the regulated place is a public place, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)( a ), ( b ), ( c ) or ( d ) in the part of the public place at or near where the person then is. (3) Subsection (1)( a ) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour. (4) To avoid doubt, subsections (1)( a ) and (3) do not limit subsection (1)( b ), ( c ) and ( d ).


document_id: poa-2009
provision_ref: s36
chapter: PART 4 - POWERS TO PRESERVE AND MAINTAIN PUBLIC ORDER
section: 36
title: Direction to move on
content:
36. —(1) Subject to this section, a police officer of or above the rank of sergeant may give to a person or group of persons whose behaviour is of a kind mentioned in section 35 any written direction that is reasonable in the circumstances. (2) A police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of — ( a ) public safety; ( b ) public order; or ( c ) the protection of the rights and freedoms of other persons. (3) The rights and freedoms mentioned in subsection (2)( c ) includes a reference to the rights and freedoms of the public to enjoy the place and the rights of persons to carry on lawful business in or in association with the place. (4) Without limiting subsection (1), a direction may require a person to do one of the following: ( a ) leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours; ( b ) leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours; ( c ) move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.


document_id: poa-2009
provision_ref: s37
chapter: PART 4 - POWERS TO PRESERVE AND MAINTAIN PUBLIC ORDER
section: 37
title: Contravening direction to move on
content:
37. Any person who, without reasonable excuse, contravenes any direction under section 36 to the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: poa-2009
provision_ref: s38
chapter: PART 4 - POWERS TO PRESERVE AND MAINTAIN PUBLIC ORDER
section: 38
title: Seizure of films of law enforcement activities
content:
38. —(1) Any police officer of or above the rank of sergeant, or any CPIB officer, narcotics officer, intelligence officer or immigration officer, if satisfied upon information and after such further inquiry as the officer thinks necessary, that any person — ( a ) is making, has made or is about to make; ( b ) is exhibiting or communicating or is about to exhibit or communicate; or ( c ) has in his or her possession, any film or picture containing a record of any law enforcement activities, and the officer reasonably believes that the film or picture, if exhibited or communicated (whether to the public or any section of the public or otherwise) — ( d ) prejudices the effective conduct of an ongoing law enforcement operation or investigation, or any intelligence operation; or ( e ) endangers or will endanger the safety of any law enforcement officer in an ongoing law enforcement operation or investigation, or any intelligence operation, the officer may exercise any of the powers specified in subsection (2). (2) Any police officer of or above the rank of sergeant, or any CPIB officer, narcotics officer, intelligence officer or immigration officer may — ( a ) direct the person reasonably believed to be making, exhibiting or communicating a film or picture or about to do so to immediately cease making, exhibiting or communicating the film, and either — (i) to immediately delete, erase or otherwise destroy the film or picture; or (ii) to surrender the film or picture to the police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer, as the case may be; ( b ) without warrant, search any person whom he or she has reason to believe is in possession of a film or picture mentioned in subsection (1); ( c ) without warrant, and with such assistance and by such force as is necessary, by night or by day, enter and search any place where he or she has reason to believe any film or picture mentioned in subsection (1) is kept; or ( d ) without warrant, and with such assistance and by such force as is necessary, seize any film or picture mentioned in subsection (1) and any copy thereof, and any equipment (including a handphone) used or about to be used in the making, exhibition or communication of the film or picture, and take into custody any person reasonably believed to be in possession thereof. (3) Any film, picture and any equipment (including a handphone) used in the making, exhibition or communication of the film or picture may be forfeited and shall be destroyed or otherwise disposed of in such manner as the Commissioner may direct. (4) Where a person to whom a direction under subsection (2)( a ) is given fails to comply with the direction, the person 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. (5) In this section — “cinematograph film” means the aggregate of visual images embodied in an article or a thing so as to be capable by the use of that article or thing — ( a ) of being shown as a moving picture; or ( b ) of being embodied in another article or thing by the use of which it can be so shown, and includes the aggregate of the sounds embodied in a soundtrack associated with such visual images; “communicate” means to transmit by electronic means (whether over a path, or a combination of paths, provided by a material substance or by wireless means or otherwise) a film or picture, whether or not it is sent in response to a request, and includes — ( a ) the broadcasting of the film or picture; ( b ) the inclusion of the film or picture in a cable programme; and ( c ) the making available of a film or picture on a network or otherwise in such a way that the film or picture may be accessed by any person from a place and at a time chosen by the person, and “communicating” and “communication” are to be construed accordingly; “CPIB officer” has the meaning given by the Prevention of Corruption Act 1960; “film” means — ( a ) any cinematograph film; ( b ) any video recording, or any disc 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 material, record or thing on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or electronic device, is capable of being reproduced or displayed as wholly or partly visual moving pictures, and includes any part of a film, and any copy or part of a copy of the whole or any part of a film; “immigration officer” means an immigration officer appointed under section 3 of the Immigration Act 1959; “intelligence officer” means a public officer appointed to such Scheme of Service as the Minister designates; “law enforcement” means — ( a ) activities carried on by any police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer in the exercise of any function, power or duty of such an officer in accordance with law; ( b ) activities carried on by any police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer for the purpose of dealing with terrorism, civil unrest or public disorder; or ( c ) activities carried on by any police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer (as the case may be) in preparation for or directly in support of any activity mentioned in paragraph ( a ) or ( b ); “narcotics officer” means a public officer appointed to the Narcotics Service; “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; “picture” includes — ( a ) any drawing, whether made by computer graphics or otherwise; and ( b ) any photograph, photographic negative, photographic plate or photographic slide, and includes any part of a picture.


document_id: poa-2009
provision_ref: s39
chapter: PART 4 - POWERS TO PRESERVE AND MAINTAIN PUBLIC ORDER
section: 39
title: Obstruction of police officers under section 29 or 38 or Commissioner under section 30(11)
content:
39. Any person who wilfully obstructs — ( a ) any police officer in the exercise of any power conferred by or under section 29(3) or 38(2); or ( b ) the Commissioner in the exercise of the power conferred by or under section 30(11), 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. [23/2017]


document_id: poa-2009
provision_ref: s40
chapter: PART 5 - MISCELLANEOUS
section: 40
title: Power of arrest
content:
40. Any police officer may arrest without warrant any person offending in the officer’s view against any of the provisions of this Act, and take the person before a Magistrate’s Court to be dealt with according to law.


document_id: poa-2009
provision_ref: s41
chapter: PART 5 - MISCELLANEOUS
section: 41
title: Composition of offences
content:
41. —(1) The Commissioner or any police officer authorised in writing by the Commissioner may compound any offence under this Act which is prescribed as an offence which may be compounded by the Commissioner or such police officer by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of either of the following amounts: ( 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.


document_id: poa-2009
provision_ref: s42
chapter: PART 5 - MISCELLANEOUS
section: 42
title: Owner or occupier of premises where unlawful assembly, etc., takes place
content:
42. Where the owner or occupier of any premises upon which an assembly or a procession is about to take place is given notice by any police officer that the assembly or procession is unlawful under Part 2, and such assembly or procession does take place on those premises, the owner or occupier of those premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, unless he or she took all reasonable measures and exercised all due diligence to prevent the assembly or procession from taking place.


document_id: poa-2009
provision_ref: s43
chapter: PART 5 - MISCELLANEOUS
section: 43
title: Onus of proof
content:
43. In any proceedings under this Act, the onus of proving that the public or any class of the public did not have access to any public place lies on the person alleging the fact.


document_id: poa-2009
provision_ref: s44
chapter: PART 5 - MISCELLANEOUS
section: 44
title: Offences by bodies corporate, etc.
content:
44. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any act or default on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) is to apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. [2/2012] (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any act or default on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any act or default on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (6) In this section — “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (7) The regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: poa-2009
provision_ref: s45
chapter: PART 5 - MISCELLANEOUS
section: 45
title: Service of documents, etc.
content:
45. —(1) Any 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 notice in a conspicuous place at the usual or last known address of residence or business of the individual; (v) by sending it by fax to the fax number operated 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 Commissioner or an authorised officer by the individual as the fax number for the service of documents on the individual; or (vi) by electronic communication, by sending an electronic communication of the document to the last email address given to the Commissioner or an authorised officer by the individual as the email address 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 like officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; (iii) by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; or (iv) by electronic communication, by sending an electronic communication of the document to the last email address given to the Commissioner or an authorised officer by the partnership as the email address for the service of documents on the partnership; and ( c ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof; (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; (iii) by sending it by fax to the fax number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or (iv) by electronic communication, by sending an electronic communication of the document to the last email address given to the Commissioner or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate. (2) In addition to the modes of service prescribed in subsection (1), any document required or authorised to be given or served under Part 2 in connection with an advance notice of or an application for a permit in respect of a public assembly or public procession, the grant or cancellation of such a permit, or an appeal under section 11, may, subject to subsection (4), be served by electronic communication, by sending an electronic communication of the document — ( a ) in the case of an individual — to the last email address given to the Commissioner or an authorised officer by the individual as the email address for the service of documents on the individual; ( b ) in the case of a partnership other than a limited liability partnership — to the last email address given to the Commissioner or an authorised officer by the partnership as the email address for the service of documents on the partnership; and ( c ) in the case of any limited liability partnership or any other body corporate — to the last email address given to the Commissioner or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate. (3) Where any notice or other document to be served by the Commissioner or the Minister is — ( a ) sent by a fax to the fax number operated 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; ( b ) sent by electronic communication to an email address in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and ( c ) 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. (4) Service of any document under subsection (2) on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address. (5) This section does not apply to notices and documents to be served in proceedings in court.


document_id: poa-2009
provision_ref: s46
chapter: PART 5 - MISCELLANEOUS
section: 46
title: Power to exempt
content:
46. The Minister may, by order in the Gazette , with or without conditions, exempt any person or class of persons, or any assembly or procession or class of assemblies or processions, from any of the provisions of this Act.


document_id: poa-2009
provision_ref: s47
chapter: PART 5 - MISCELLANEOUS
section: 47
title: Regulations
content:
47. —(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the form or particulars of application for the issue of a permit or prohibited item permit; ( b ) the conditions subject to which a permit or prohibited item permit may be issued; ( c ) the procedure as regards the lodging of an appeal under section 11 and the practice and procedure upon the hearing of an appeal; ( d ) the fees to be paid in respect of any matter or anything done, or any services rendered, by the Commissioner under or by virtue of this Act; ( e ) the waiver or refund, in whole or in part, by authorised officers of any such fees in the circumstances of any particular case; ( f ) the offences which may be compounded under section 41 and the manner in which such offences may be compounded; ( g ) the prescribing of anything that is required or permitted to be prescribed under this Act. [16/2015] (3) The regulations may — ( a ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both; ( b ) prescribe different fees for different classes of permits; and ( c ) provide for such transitional, saving and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient. (4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: poa-2009
provision_ref: s48
chapter: PART 5 - MISCELLANEOUS
section: 48
title: Application of other laws
content:
48. —(1) This Act has effect despite any other law relating to the movement of traffic or pedestrians on roads or the use or obstruction of a public place, to air navigation, to public entertainment or to undesirable publications. [16/2015] (2) Despite subsection (1), nothing in this Act affects the common law of trespass and, in particular, the right of a person in, or entitled to, possession of land to request a trespasser to leave the land, and if the trespasser refuses to leave on being requested, to remove the trespasser from the land. (3) To avoid doubt, nothing in Part 3 affects the operation of the provisions of the Liquor Control (Supply and Consumption) Act 2015 in relation to any Liquor Control Zone declared under section 15(1) of that Act that falls wholly or partly within a special event area. [23/2017]


document_id: pofma-2019
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Account Restriction Direction” means a direction issued under section 40; “appellate court”, in relation to an appeal from a decision of the General Division of the High Court under this Act, means the court to which the appeal is to be made under section 29C of the Supreme Court of Judicature Act 1969; “authorised officer” means a police officer, a public officer or an employee of a statutory board authorised under section 55; “bot” means a computer program made or altered for the purpose of running automated tasks; “Competent Authority” means the Competent Authority appointed under section 6; “computing resource service” means a service that provides the use of any computer hardware or software to enhance the processing capability or storage capacity of a computer; Examples Examples of computing resource services are cloud computing and data centre services. “coordinated inauthentic behaviour” means any coordinated activity carried out using 2 or more online accounts, in order to mislead end‑users in Singapore of any internet intermediary service as to any matter, but excludes any activity carried out using online accounts — ( a ) that are controlled by the same person; and ( b ) none of which is an inauthentic online account or is controlled by a bot; “Correction Direction” means a direction issued under section 11; “Declaration” means a Declaration made under section 32; “declared online location” means an online location that is the subject of a Declaration that is in effect; “digital advertising intermediary” means any person who, in the ordinary course of business, facilitates the communication of paid content in any place by acting as the link or part of the link between — ( a ) the owners or operators of online locations; and ( b ) advertisers and service providers, by means of an internet‑based service; Examples Examples of digital advertising intermediaries are persons who provide any of the following by means of an internet‑based service: ( a ) advertising exchange; ( b ) demand side platform; ( c ) supply side platform. “Disabling Direction” means a direction issued under section 22; “General Correction Direction” means a direction issued under section 23; “IMDA” means the Info‑communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016; “inauthentic online account” means an online account that is controlled by a person other than the person represented (whether by its user profile, unique identifier or other information) as its holder, and the representation is made for the purpose of misleading end‑users in Singapore of any internet intermediary service as to the holder’s identity; “internet access service provider” means an internet access service provider licensed under section 5 of the Telecommunications Act 1999; “internet intermediary” means a person who provides any internet intermediary service; “internet intermediary service” means — ( a ) a service that allows end‑users to access materials originating from third parties on or through the internet; ( b ) a service of transmitting such materials to end‑users on or through the internet; or ( c ) a service of displaying, to an end‑user who uses the service to make an online search, an index of search results, each of which links that end‑user to content hosted or stored at a location which is separate from the location of the index of search results, but excludes any act done for the purpose of, or that is incidental to, the provision of — ( d ) a service of giving the public access to the internet; or ( e ) a computing resource service; Examples Examples of internet intermediary services are — ( a ) social networking services; ( b ) search engine services; ( c ) content aggregation services; ( d ) internet‑based messaging services; and ( e ) video‑sharing services. “material” means anything that consists of or contains a statement; Examples Examples of a material are a message, a post, an article, a speech, a picture, a video recording and a sound recording. “MMS” means a system that enables the transmission, through a mobile network, of multimedia messages; “online account” means an account created with an internet intermediary for the use of an internet intermediary service; “online location” means any website, webpage, chatroom or forum, or any other thing that is hosted on a computer (as defined in the Computer Misuse Act 1993) and can be seen, heard or otherwise perceived by means of the internet; “paid content” means any statement that is communicated in any place for consideration; “Part 3 Direction” means a Correction Direction or a Stop Communication Direction; “Part 4 Direction” means a Targeted Correction Direction, a Disabling Direction or a General Correction Direction; “prescribed digital advertising intermediary” means a digital advertising intermediary, or a class of digital advertising intermediaries, prescribed by regulations made under section 62; “prescribed internet intermediary” means an internet intermediary, or a class of internet intermediaries, prescribed by regulations made under section 62; “Remedial Order” means an order made under section 24(4); “service provider” means any person (other than a digital advertising intermediary) who, in the ordinary course of business, provides advisory or other services relating to the communication of paid content in any place; “SMS” means a system that enables the transmission, through a mobile network, of text messages; “statement” means any word (including abbreviation and initial), number, image (moving or otherwise), sound, symbol or other representation, or a combination of any of these; “statutory board” means a body corporate or unincorporate established by or under any public Act to perform or discharge a public function; “Stop Communication Direction” means a direction issued under section 12; “Targeted Correction Direction” means a direction issued under section 21; “telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999. [40/2019] (2) In this Act — ( a ) a statement of fact is a statement which a reasonable person seeing, hearing or otherwise perceiving it would consider to be a representation of fact; and ( b ) a statement is false if it is false or misleading, whether wholly or in part, and whether on its own or in the context in which it appears. (3) In this Act, a person has editorial control over an online location if the person is able to decide one or both of the following: ( a ) whether any statement may be included or excluded on the online location; ( b ) where to place any statement on the online location.


document_id: pofma-2019
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “communicate”
content:
3. —(1) In this Act other than in Part 2, a statement or material is communicated in Singapore if it is made available to one or more end‑users in Singapore on or through the internet. (2) In Part 2, a statement is communicated in Singapore if it is made available to one or more end‑users in Singapore on or through — ( a ) the internet; or ( b ) MMS or SMS. (3) A reference in this Act to communicating a statement or material in Singapore includes causing its communication (within the meaning of subsection (1) or (2), as the case may be) in Singapore.


document_id: pofma-2019
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “in the public interest”
content:
4. For the purposes of this Act and without limiting the generality of the expression, it is in the public interest to do anything if the doing of that thing is necessary or expedient — ( a ) in the interest of the security of Singapore or any part of Singapore; ( b ) to protect public health or public finances, or to secure public safety or public tranquillity; ( c ) in the interest of friendly relations of Singapore with other countries; ( d ) to prevent any influence of the outcome of an election to the office of President, a general election of Members of Parliament, a by‑election of a Member of Parliament, or a referendum; ( e ) to prevent incitement of feelings of enmity, hatred or ill‑will between different groups of persons; or ( f ) to prevent a diminution of public confidence in the performance of any duty or function of, or in the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board.


document_id: pofma-2019
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Purpose of Act
content:
5. The purpose of this Act is — ( a ) to prevent the communication of false statements of fact in Singapore and to enable measures to be taken to counteract the effects of such communication; ( b ) to suppress the financing, promotion and other support of online locations that repeatedly communicate false statements of fact in Singapore; ( c ) to enable measures to be taken to detect, control and safeguard against coordinated inauthentic behaviour and other misuses of online accounts and bots; and ( d ) to enable measures to be taken to enhance disclosure of information concerning paid content directed towards a political end.


document_id: pofma-2019
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Appointment of Competent Authority
content:
6. —(1) For the purposes of this Act, the Minister may appoint as the Competent Authority — ( a ) a statutory board; or ( b ) the holder of any office in the service of Government or a statutory board. (2) The Competent Authority must give effect to the instructions of the Minister and any Minister where prescribed by this Act.


document_id: pofma-2019
provision_ref: s7
chapter: PART 2 - PROHIBITION OF COMMUNICATION OF
section: 7
title: Communication of false statements of fact in Singapore
content:
7. —(1) A person must not do any act in or outside Singapore in order to communicate in Singapore a statement knowing or having reason to believe that — ( a ) it is a false statement of fact; and ( b ) the communication of the statement in Singapore is likely to — (i) be prejudicial to the security of Singapore or any part of Singapore; (ii) be prejudicial to public health, public safety, public tranquillity or public finances; (iii) be prejudicial to the friendly relations of Singapore with other countries; (iv) influence the outcome of an election to the office of President, a general election of Members of Parliament, a by‑election of a Member of Parliament, or a referendum; (v) incite feelings of enmity, hatred or ill‑will between different groups of persons; or (vi) diminish public confidence in the performance of any duty or function of, or in the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board. (2) Subject to subsection (3), a person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (3) Where an inauthentic online account or a bot is used — ( a ) to communicate in Singapore the statement mentioned in subsection (1); and ( b ) for the purpose of accelerating such communication, the person who is guilty of an offence under that subsection shall be liable on conviction — ( c ) in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both; or ( d ) in any other case, to a fine not exceeding $1 million. (4) Subsection (1) does not apply to the doing of any act for the purpose of, or that is incidental to, the provision of — ( a ) an internet intermediary service; ( b ) a telecommunication service; ( c ) a service of giving the public access to the internet; or ( d ) a computing resource service.


document_id: pofma-2019
provision_ref: s8
chapter: PART 2 - PROHIBITION OF COMMUNICATION OF
section: 8
title: Making or altering bots for communication of false statements of fact in Singapore
content:
8. —(1) A person must not, whether in or outside Singapore, make or alter a bot with the intention of — ( a ) communicating, by means of the bot, a false statement of fact in Singapore; or ( b ) enabling any other person to communicate, by means of the bot, a false statement of fact in Singapore. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (3) However, if the communication of the false statement of fact under subsection (1) is likely to — ( a ) be prejudicial to the security of Singapore or any part of Singapore; ( b ) be prejudicial to public health, public safety, public tranquillity or public finances; ( c ) be prejudicial to the friendly relations of Singapore with other countries; ( d ) influence the outcome of an election to the office of President, a general election of Members of Parliament, a by‑election of a Member of Parliament, or a referendum; ( e ) incite feelings of enmity, hatred or ill‑will between different groups of persons; or ( f ) diminish public confidence in the performance of any duty or function of, or in the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board, the person who is guilty of an offence under that subsection shall be liable on conviction — ( g ) in the case of an individual, to a fine not exceeding $60,000 or to imprisonment for a term not exceeding 6 years or to both; or ( h ) in any other case, to a fine not exceeding $1 million.


document_id: pofma-2019
provision_ref: s9
chapter: PART 2 - PROHIBITION OF COMMUNICATION OF
section: 9
title: Providing services for communication of false statements of fact in Singapore
content:
9. —(1) A person who, whether in or outside Singapore, solicits, receives or agrees to receive any financial or other material benefit as an inducement or reward for providing any service, knowing that the service is or will be used in the communication of one or more false statements of fact in Singapore, shall be guilty of an offence if the service is in fact used in such communication. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) in the case of any individual, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (3) However, if the communication of the false statement of fact under subsection (1) is likely to — ( a ) be prejudicial to the security of Singapore or any part of Singapore; ( b ) be prejudicial to public health, public safety, public tranquillity or public finances; ( c ) be prejudicial to the friendly relations of Singapore with other countries; ( d ) influence the outcome of an election to the office of President, a general election of Members of Parliament, a by‑election of a Member of Parliament, or a referendum; ( e ) incite feelings of enmity, hatred or ill‑will between different groups of persons; or ( f ) diminish public confidence in the performance of any duty or function of, or in the exercise of any power by, the Government, an Organ of State, a statutory board, or a part of the Government, an Organ of State or a statutory board, the person who is guilty of an offence under that subsection shall be liable on conviction — ( g ) in the case of an individual, to a fine not exceeding $60,000 or to imprisonment for a term not exceeding 6 years or to both; or ( h ) in any other case, to a fine not exceeding $1 million. (4) Subsection (1) does not apply to any act carried out for the purpose of, or that is incidental to, the provision of — ( a ) an internet intermediary service; ( b ) a telecommunication service; ( c ) a service of giving the public access to the internet; or ( d ) a computing resource service. (5) Where a court convicts any person of an offence under subsection (1), the court must, in addition to imposing on that person the punishment under subsection (2) or (3), order the person to pay as a penalty, within the time specified by the court, a sum equal to the amount of any financial or other material benefit received or is, in the opinion of the court, the value of such financial or other material benefit, and any such penalty is recoverable as a fine. (6) Subsection (5) does not apply if the court determines that the value of the financial or other material benefit cannot be assessed. (7) Where — ( a ) a person charged with 2 or more offences under subsection (1) is convicted of one or more of those offences; and ( b ) the other outstanding offences are taken into consideration by the court under section 148 of the Criminal Procedure Code 2010 for the purpose of passing sentence, the court may increase the penalty mentioned in subsection (5) by an amount not exceeding the total amount or value of the financial or other material benefit received for the offences so taken into consideration.


document_id: pofma-2019
provision_ref: s10
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 10
title: Conditions for issue of Part 3 Directions
content:
10. —(1) Any Minister may instruct the Competent Authority to issue a Part 3 Direction if all of the following conditions are satisfied: ( a ) a false statement of fact (called in this Part the subject statement) has been or is being communicated in Singapore; ( b ) the Minister is of the opinion that it is in the public interest to issue the Direction. (2) Any Minister may instruct the Competent Authority to issue a Part 3 Direction in relation to the subject statement even if it has been amended or has ceased to be communicated in Singapore.


document_id: pofma-2019
provision_ref: s11
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 11
title: Correction Direction
content:
11. —(1) A Correction Direction is one issued to a person who communicated the subject statement in Singapore, requiring the person to communicate in Singapore in the specified form and manner, to a specified person or description of persons (if any), and by the specified time, a notice (called in this Part a correction notice) that contains one or both of the following: ( a ) a statement, in such terms as may be specified, that the subject statement is false, or that the specified material contains a false statement of fact; ( b ) a specified statement of fact, or a reference to a specified location where the specified statement of fact may be found, or both. (2) A Correction Direction may require the person to whom it is issued to communicate in Singapore a correction notice in a specified online location. (3) A Correction Direction may also require the person to whom it is issued to do one or both of the following: ( a ) to communicate in Singapore the correction notice by placing it in the specified proximity to every copy of the following that is communicated by the person in Singapore: (i) the false statement of fact; (ii) a substantially similar statement; ( b ) to publish the correction notice in the specified manner in a specified newspaper or other printed publication of Singapore. (4) A person who communicated a false statement of fact in Singapore may be issued a Correction Direction even if the person does not know or has no reason to believe that the statement is false. (5) In this section — ( a ) “specified” means specified in the Correction Direction; and ( b ) a person does not communicate a statement in Singapore merely by doing any act for the purpose of, or that is incidental to, the provision of — (i) an internet intermediary service; (ii) a telecommunication service; (iii) a service of giving the public access to the internet; or (iv) a computing resource service.


document_id: pofma-2019
provision_ref: s12
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 12
title: Stop Communication Direction
content:
12. —(1) A Stop Communication Direction is one issued to a person who communicated the subject statement in Singapore, requiring the person to stop communicating in Singapore the subject statement by the specified time. (2) A Stop Communication Direction may also require the person to whom it is issued to stop communicating any statement that is substantially similar to the subject statement. (3) A Stop Communication Direction may also require the person to whom it is issued to do one or both of the following: ( a ) to communicate in Singapore a correction notice in the specified form and manner, to a specified person or description of persons (if any), and by the specified time; ( b ) to publish a correction notice in the specified manner in a specified newspaper or other printed publication of Singapore. (4) A person who communicated a false statement of fact in Singapore may be issued a Stop Communication Direction even if the person does not know or has no reason to believe that the statement is false. (5) Once a Stop Communication Direction has been issued, the Competent Authority must publish a notice of that fact in the Gazette as soon as possible. (6) However, a failure to publish the notice of the issue of the Stop Communication Direction in the Gazette does not invalidate the Direction. (7) In this section — ( a ) “specified” means specified in the Stop Communication Direction; ( b ) “stop communicating”, in relation to a statement, means taking the necessary steps to ensure that the statement is no longer available on or through the internet to end‑users in Singapore, including (if necessary) the removal of the statement from an online location; and ( c ) a person does not communicate a statement in Singapore merely by doing any act for the purpose of, or that is incidental to, the provision of — (i) an internet intermediary service; (ii) a telecommunication service; (iii) a service of giving the public access to the internet; or (iv) a computing resource service.


document_id: pofma-2019
provision_ref: s13
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 13
title: Provisions applicable to all Part 3 Directions
content:
13. —(1) A Part 3 Direction may be issued to a person whether the person is in or outside Singapore. (2) A Part 3 Direction may require the person to whom it is issued to do an act in or outside Singapore. (3) A Part 3 Direction must identify the subject statement in sufficient detail. (4) A Part 3 Direction must comply with such form, manner and other requirement as may be prescribed (if any), and for this purpose different requirements may be prescribed for — ( a ) different Directions; ( b ) different parts of a Direction; ( c ) different persons or descriptions of persons to whom a Direction is to be issued; and ( d ) different circumstances under which a Direction is to be issued. (5) A Part 3 Direction remains in effect until the date it expires (if any), or it is set aside under section 17 or cancelled under section 19. (6) A person who is issued a Part 3 Direction is responsible for the costs of complying with the Direction.


document_id: pofma-2019
provision_ref: s14
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 14
title: Service of Part 3 Directions
content:
14. A Part 3 Direction may be served by such means (including electronic means) as may be prescribed — ( a ) on the person to whom it is issued; or ( b ) on a person in Singapore that the person to whom it is issued has appointed to accept service on the person’s behalf.


document_id: pofma-2019
provision_ref: s15
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 15
title: Non-compliance with Part 3 Direction an offence
content:
15. —(1) A person to whom a Part 3 Direction is issued and served and who, without reasonable excuse, fails to comply with the Direction whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (2) It is not a defence to a charge under subsection (1) that — ( a ) the person is subject to a duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the person from complying with any part of a Part 3 Direction or restricts the person in such compliance; or ( b ) the person has applied under section 19 to vary or cancel the Part 3 Direction or has appealed to the General Division of the High Court against the Direction. [40/2019] (3) No civil or criminal liability is incurred by the person or an officer, employee or agent of the person, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to the Part 3 Direction.


document_id: pofma-2019
provision_ref: s16
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 16
title: Access blocking order
content:
16. —(1) This section applies where — ( a ) a person fails to comply with a Part 3 Direction; ( b ) the subject statement is being communicated in Singapore by the person on an online location; and ( c ) the Minister is satisfied that one or more end‑users in Singapore have used or are using the services of an internet access service provider to access that online location. (2) The Minister may direct the IMDA to order the internet access service provider to take reasonable steps to disable access by end‑users in Singapore to the online location (called in this section an access blocking order), and the IMDA must give the internet access service provider an access blocking order. (3) An internet access service provider that does not comply with any access blocking order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that order is not fully complied with, up to a total of $500,000. (4) No civil or criminal liability is incurred by an internet access service provider or an officer, employee or agent of such provider, for anything done or omitted to be done with reasonable care and in good faith in complying with any access blocking order.


document_id: pofma-2019
provision_ref: s17
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 17
title: Appeals to General Division of High Court
content:
17. —(1) A person to whom a Part 3 Direction is issued may appeal to the General Division of the High Court against the Direction. [40/2019] (2) No appeal may be made to the General Division of the High Court by any person unless the person has first applied to the Minister mentioned in section 19 to vary or cancel the Part 3 Direction under that section, and the Minister refused the application whether in whole or in part. [40/2019] (3) An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court. [40/2019] (4) The General Division of the High Court must hear and determine any such appeal and may either confirm the Part 3 Direction or set it aside. [40/2019] (5) The General Division of the High Court may only set aside a Part 3 Direction on any of the following grounds on an appeal: ( a ) the person did not communicate in Singapore the subject statement; ( b ) the subject statement is not a statement of fact, or is a true statement of fact; ( c ) it is not technically possible to comply with the Direction. [40/2019] (6) A Part 3 Direction that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 19. [40/2019] (7) Despite subsection (6), if the appellant establishes a prima facie case that it is technically impossible to comply with the Part 3 Direction, the General Division of the High Court may direct that the Direction be stayed pending determination of the appeal. [40/2019] (8) There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2019] (9) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made and the procedure for an application to stay a Part 3 Direction appealed against.


document_id: pofma-2019
provision_ref: s18
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 18
title: Other causes of action not affected
content:
18. The issue of a Part 3 Direction in relation to the subject statement does not affect any power or right of any person (including a Minister, the Competent Authority or the Government) to take any action under this Act or any other law in relation to that statement, or the power of the Public Prosecutor to initiate proceedings for an offence under this Act or any other law in relation to that statement.


document_id: pofma-2019
provision_ref: s19
chapter: PART 3 - DIRECTIONS DEALING WITH COMMUNICATION IN
section: 19
title: Variation or cancellation of Part 3 Direction
content:
19. —(1) The Minister who instructed the Competent Authority to issue a Part 3 Direction may at any time instruct the Competent Authority to vary or cancel the Part 3 Direction, by serving a written notice on the person to whom the Direction is issued. (2) The Minister who instructed the Competent Authority to issue a Part 3 Direction may instruct the Competent Authority to vary or cancel the Part 3 Direction under subsection (1) — ( a ) on the Minister’s own initiative; or ( b ) on an application by the person to whom the Direction is issued. (3) A Part 3 Direction remains in effect despite any application made to the Minister for its variation or cancellation. (4) Sections 14 to 17 apply in relation to a Part 3 Direction that is varied under this section as they apply in relation to the original Part 3 Direction. (5) Section 14 applies in relation to a notice cancelling a Part 3 Direction under this section as it applies in relation to the original Part 3 Direction.


document_id: pofma-2019
provision_ref: s20
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 20
title: Conditions for issue of Part 4 Directions
content:
20. —(1) Any Minister may instruct the Competent Authority to issue a Part 4 Direction if all of the following conditions are satisfied: ( a ) material (called in this Part the subject material) that contains or consists of a false statement of fact (called in this Part the subject statement) has been or is being communicated in Singapore; ( b ) the Minister is of the opinion that it is in the public interest to issue the Direction. (2) Any Minister may instruct the Competent Authority to issue a Part 4 Direction in relation to the subject material even if it has been amended or has ceased to be communicated in Singapore.


document_id: pofma-2019
provision_ref: s21
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 21
title: Targeted Correction Direction
content:
21. —(1) A Targeted Correction Direction is one issued to the internet intermediary that provided the internet intermediary service by means of which the subject material has been or is being communicated in Singapore, requiring it to communicate by means of that service to all end‑users in Singapore who access the subject material by means of that service at any time after a specified time, a notice (called in this Part a correction notice) that contains one or both of the following: ( a ) a statement, in such terms as may be specified, that the subject statement is false, or that the subject material contains or consists of a false statement of fact; ( b ) a specified statement of fact, or a reference to a specified location where the specified statement of fact may be found, or both. (2) Where the internet intermediary mentioned in subsection (1) is a prescribed internet intermediary, the Targeted Correction Direction may also require the internet intermediary to do one or more of the following: ( a ) communicate the correction notice by means of the internet intermediary service to all end‑users in Singapore who access identical copies of the subject material by means of that service at any time after the specified time; ( b ) communicate the correction notice by any means and by a specified time, to all end‑users in Singapore that it knows had accessed the subject material or identical copies of the subject material (or both) by means of that service at any time before the specified time mentioned in subsection (1); ( c ) if the internet intermediary disables access by end‑users in Singapore to the subject material at any time after the Direction is issued and before it expires or is set aside or cancelled, communicate the correction notice by means of the internet intermediary service to a specified description of end‑users in Singapore. (3) In this section — ( a ) “specified” means specified in the Targeted Correction Direction; and ( b ) an end‑user who accesses a part of any material is taken to access the material.


document_id: pofma-2019
provision_ref: s22
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 22
title: Disabling Direction
content:
22. —(1) A Disabling Direction is one issued to the internet intermediary that provided the internet intermediary service by means of which the subject material has been or is being communicated in Singapore, requiring it to disable access by end‑users in Singapore to the subject material provided on or through the service that consists of or contains the subject statement, by the specified time. (2) Where the internet intermediary mentioned in subsection (1) is a prescribed internet intermediary, the Disabling Direction may also require the internet intermediary to do one or both of the following: ( a ) to disable access by end‑users of the service in Singapore to identical copies of the subject material provided on or through the internet intermediary service; ( b ) to communicate a correction notice by any means to a specified description of end‑users in Singapore. (3) Once a Disabling Direction has been issued, the Competent Authority must publish a notice of that fact in the Gazette as soon as possible. (4) However, a failure to publish the notice of the issue of the Disabling Direction in the Gazette does not invalidate the Direction. (5) In this section — ( a ) “specified” means specified in the Disabling Direction; and ( b ) an end‑user who accesses a part of any material is taken to access the material.


document_id: pofma-2019
provision_ref: s23
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 23
title: General Correction Direction
content:
23. —(1) A General Correction Direction is one issued to one of the following persons to carry out an act mentioned in subsection (2): ( a ) a prescribed internet intermediary; ( b ) a prescribed holder of a permit under section 21 of the Newspaper and Printing Presses Act 1974; ( c ) a prescribed broadcasting licensee within the meaning of section 2(1) of the Broadcasting Act 1994; ( d ) a prescribed holder of a licence under section 5 of the Telecommunications Act 1999; ( e ) such other person as may be prescribed. (2) The act mentioned in subsection (1) is — ( a ) if the direction is issued to a person mentioned in subsection (1)( a ), to communicate a correction notice in Singapore by means of the internet intermediary service provided by it, to all end‑users who use that service at any time after the specified time, or a specified description of such end‑users; ( b ) if the direction is issued to a person mentioned in subsection (1)( b ), to publish a correction notice in a specified newspaper or printed publication by the specified time; ( c ) if the direction is issued to a person mentioned in subsection (1)( c ), to broadcast a correction notice in Singapore by the specified time; ( d ) if the direction is issued to a person mentioned in subsection (1)( d ), to transmit a correction notice by means of the telecommunications service provided by it, to all end‑users who use that service at any time after the specified time, or to a specified description of such end‑users; ( e ) if the direction is issued to a person mentioned in subsection (1)( e ), to give a correction notice to a specified person or description of persons, by the specified means and by the specified time. (3) In this section, “specified” means specified in the General Correction Direction.


document_id: pofma-2019
provision_ref: s24
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 24
title: Correction notices must be easily perceived
content:
24. —(1) A person required by a Targeted Correction Direction, Disabling Direction or General Correction Direction to communicate in Singapore, publish, broadcast, transmit by means of a telecommunication service, or give, a correction notice must ensure that it is easily perceived. (2) For the purposes of subsection (1) but subject to subsection (3), a correction notice is easily perceived if — ( a ) the notice (not being an audio recording) is conspicuous, regardless of the type of platform or device used by the end‑user or viewer; Illustration A correction notice that is in a text form is conspicuous if it is sufficiently differentiated from the background and is of a reasonable type size compared to the rest of the text on the same page. ( b ) the notice is easy to read, view or listen to, and not easy to miss; Illustrations ( a ) Where the correction notice is an audio recording, it is easy to listen to if it is in a volume and cadence sufficient for it to be heard and understood. ( b ) Where the correction notice is a video recording or a dynamic display, it is easy to view if it appears for a duration sufficient for it to be viewed and understood. ( c ) the notice (not being an audio recording) is placed near the subject statement (where relevant), and in a location where end‑users or viewers are likely to look; and ( d ) an end‑user, viewer or listener is not required to refer to a separate online location or any other thing in order to read, view, listen to or understand the notice; Example An example of such requirement is the mere provision of a hyperlink to the correction notice or a part of it. (3) Without limiting the manner of complying with subsection (1), a correction notice is taken to be easily perceived if it complies with such measures as may be prescribed. (4) If the Minister who instructed the Competent Authority to issue the Direction under subsection (1) is of the view that subsection (1) is not complied with, the Minister may instruct the Competent Authority to order the person to whom the Direction is issued to take, within such time as may be specified, such measures as the Minister considers necessary or desirable to remedy the non‑compliance.


document_id: pofma-2019
provision_ref: s25
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 25
title: Provisions applicable to all Part 4 Directions and Remedial Orders
content:
25. —(1) A Part 4 Direction or Remedial Order may be issued to a person whether the person is in or outside Singapore. (2) A Part 4 Direction or Remedial Order may require a person to whom it is issued to do an act in or outside Singapore. (3) A Part 4 Direction must identify in sufficient detail the subject material and the subject statement. (4) A Part 4 Direction or Remedial Order remains in effect until the date it expires (if any), it is set aside under section 29 (if applicable) or it is cancelled under section 31. (5) A person who is issued a Part 4 Direction or Remedial Order is responsible for the costs of complying with the Direction. (6) A person ( A ) to whom a General Correction Direction is issued may bring civil proceedings in a court against a person ( B ) who is the author of the subject statement and who communicated in Singapore the subject material, to recover the costs reasonably incurred by A to comply with the Direction. (7) In such proceedings, the court, if it is satisfied on a balance of probabilities that B has contravened section 7 when communicating the subject material in Singapore, may award to A such damages for those costs as the court, having regard to all the circumstances of the case, thinks just and equitable.


document_id: pofma-2019
provision_ref: s26
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 26
title: Service of Part 4 Directions and Remedial Orders
content:
26. A Part 4 Direction or Remedial Order may be served by such means (including electronic means) as may be prescribed — ( a ) on the person to whom it is issued; or ( b ) on a person in Singapore that the person to whom the Part 4 Direction or Remedial Order is issued has appointed to accept service on the person’s behalf.


document_id: pofma-2019
provision_ref: s27
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 27
title: Non-compliance with Part 4 Direction or Remedial Order an offence
content:
27. —(1) A person to whom a Part 4 Direction or Remedial Order is issued and served and who, without reasonable excuse, fails to comply with the Direction or Order whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case, to a fine not exceeding $1 million, and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (2) To avoid doubt, a person does not fail to comply with a Targeted Correction Direction, Disabling Direction or General Correction Direction merely by failing to comply with section 24(1). (3) It is not a defence to a charge under subsection (1) that — ( a ) the person is subject to a duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the person from complying with any part of a Part 4 Direction or Remedial Order or restricts the person in such compliance; or ( b ) the person has applied under section 31 to vary or cancel the Direction or Order or has appealed to the General Division of the High Court against the Direction. [40/2019] (4) No civil or criminal liability is incurred by a person or an officer, employee or agent of the person, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to the Part 4 Direction or Remedial Order. (5) In determining whether a person charged with an offence under subsection (1) has a reasonable excuse for failing to comply with a Part 4 Direction or Remedial Order, the court must consider — ( a ) the state of the art available to give effect to the Direction or Order; ( b ) the cost of complying with the Direction or Order relative to the means available to the person; and ( c ) any other relevant factor.


document_id: pofma-2019
provision_ref: s28
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 28
title: Access blocking order
content:
28. —(1) This section applies where — ( a ) a person that is an internet intermediary fails to comply with a Part 4 Direction or Remedial Order; ( b ) the subject material is being communicated in Singapore on an online location; and ( c ) the Minister is satisfied that one or more end‑users in Singapore have used or are using the services of an internet access service provider to access that online location. (2) The Minister may direct the IMDA to order the internet access service provider to take reasonable steps to disable access by end‑users in Singapore to the online location (called in this section an access blocking order), and the IMDA must give the internet access service provider an access blocking order. (3) An internet access service provider that does not comply with an access blocking order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that order is not fully complied with, up to a total of $500,000. (4) No civil or criminal liability is incurred by an internet access service provider or an officer, employee or agent of such provider, for anything done or omitted to be done with reasonable care and in good faith in complying with any access blocking order.


document_id: pofma-2019
provision_ref: s29
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 29
title: Appeals to General Division of High Court
content:
29. —(1) The following persons may appeal to the General Division of the High Court against any Part 4 Direction: ( a ) the person to whom the Direction is issued; ( b ) a person who communicated in Singapore the subject material. [40/2019] (2) No appeal may be made to the General Division of the High Court by any person unless the person has first applied to the Minister mentioned in section 31 to vary or cancel the Part 4 Direction under that section, and the Minister refused the application either in whole or in part. [40/2019] (3) An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court. [40/2019] (4) The General Division of the High Court must hear and determine any such appeal and may either confirm the Part 4 Direction or set it aside. [40/2019] (5) The General Division of the High Court may only set aside a Part 4 Direction on any of the following grounds on an appeal by the person to whom the Direction is issued: ( a ) in the case of a Targeted Correction Direction or a Disabling Direction, the subject material was not communicated in Singapore, or was not communicated in Singapore by means of any internet intermediary service provided by the person; ( b ) the subject statement is not a statement of fact, or is a true statement of fact; ( c ) it is not technically possible to comply with the Direction. [40/2019] (6) The General Division of the High Court may only set aside a Part 4 Direction on an appeal by a person who communicated in Singapore the subject material, on the ground that the subject statement is not a statement of fact, or is a true statement of fact. [40/2019] (7) A Part 4 Direction that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 31. [40/2019] (8) Despite subsection (7), if the appellant (being the person to whom the Part 4 Direction is issued) establishes a prima facie case that it is technically impossible to comply with the Part 4 Direction, the General Division of the High Court may direct that the Direction be stayed pending determination of the appeal. [40/2019] (9) There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2019] (10) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made and the procedure for an application to stay a Part 4 Direction appealed against.


document_id: pofma-2019
provision_ref: s30
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 30
title: Other causes of action not affected
content:
30. The issue of a Part 4 Direction or Remedial Order in relation to any material does not affect any power or right of any person (including a Minister, the Competent Authority or the Government) to take any action under this Act or any other law in relation to the subject statement, or the power of the Public Prosecutor to initiate proceedings for an offence under this Act or any other law in relation to that statement.


document_id: pofma-2019
provision_ref: s31
chapter: PART 4 - DIRECTIONS TO INTERNET INTERMEDIARIES AND
section: 31
title: Variation or cancellation of Part 4 Direction or Remedial Order
content:
31. —(1) The Minister who instructed the Competent Authority to issue a Part 4 Direction or Remedial Order may at any time instruct the Competent Authority to vary or cancel the Part 4 Direction or Remedial Order, by serving a written notice on the person to whom the Direction or Order is issued. (2) The Minister who instructed the Competent Authority to issue a Part 4 Direction or Remedial Order may instruct the Competent Authority to vary or cancel the Direction or Order under subsection (1) — ( a ) on the Minister’s own initiative; or ( b ) on an application by — (i) the person to whom the Direction or Order is issued; or (ii) a person who communicated in Singapore the subject material. (3) A Part 4 Direction or Remedial Order remains in effect despite any application made to the Minister for its variation or cancellation. (4) Sections 26, 27 and 28 apply in relation to a Part 4 Direction or Remedial Order that is varied under this section as they apply in relation to the original Part 4 Direction or Remedial Order. (5) Section 29 applies in relation to a Part 4 Direction that is varied under this section as it applies in relation to the original Part 4 Direction. (6) Section 26 applies in relation to a notice cancelling a Part 4 Direction or Remedial Order under this section as it applies in relation to the original Part 4 Direction or Remedial Order.


document_id: pofma-2019
provision_ref: s32
chapter: PART 5 - DECLARATION OF ONLINE LOCATIONS
section: 32
title: Declared online locations
content:
32. —(1) The Minister may declare an online location as a declared online location if all of the following conditions are satisfied: ( a ) 3 or more different statements that are the subject of one or more active Part 3 Directions or Part 4 Directions, or both, have been or are being communicated in Singapore on the online location; ( b ) at least 3 of those statements had first been communicated in Singapore on the online location within 6 months before the date the Declaration is made. (2) For the purpose of subsection (1)( a ), a statement is different from another if it is different in a material particular from that other statement. (3) A Declaration — ( a ) must contain the Universal Resource Locator (URL), domain name, or any other unique identifier of the online location; ( b ) must reproduce the relevant Directions; ( c ) must state the date the Declaration comes into effect; ( d ) must state the date of the Declaration’s expiry or a formula by which that date may be worked out, which must not be later than 2 years after the date in paragraph ( c ); ( e ) may state the time on that date the Declaration is to expire or a formula by which that time may be worked out; ( f ) may require the owner or operator of the online location (whether or not he or she is in or outside Singapore) to communicate in the specified manner in Singapore to any end‑user who accesses the online location, a notice in the specified terms that the online location is the subject of a Declaration; and ( g ) must contain such other particulars as may be prescribed. (4) A Declaration expires — ( a ) on the date and at the time (if any) stated in, or worked out in accordance with, the Declaration; or ( b ) on the date it is cancelled or set aside, whichever is earlier. (5) As soon as possible after a Declaration is made and before the date it comes into effect, the Competent Authority must — ( a ) publish, in such form and manner as may be prescribed, a notice in the Gazette — (i) stating that a Declaration has been issued under this section; and (ii) setting out the URL, domain name, or any other unique identifier of the online location, to which the Declaration relates; and ( b ) make reasonable efforts to give a copy of the Declaration to the owner or operator of the declared online location. (6) The owner or operator of a declared online location who fails to comply with any requirement mentioned in subsection (3)( f ) whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (7) It is a defence to a charge under subsection (6) for the accused to prove that the accused did not know and had no reason to believe that a Declaration was made in relation to the online location. (8) The Minister may at any time suspend a Declaration for such period as the Minister may determine, or vary or cancel a Declaration. (9) The Minister may suspend, vary or cancel a Declaration — ( a ) on the Minister’s own initiative; or ( b ) on an application by — (i) the owner or operator of the declared online location; or (ii) any person with editorial control over the online location. (10) As soon as possible after a Declaration is suspended, varied or cancelled, the Competent Authority must — ( a ) publish, in such form and manner as may be prescribed, a notice of the suspension, variation or cancellation in the Gazette ; and ( b ) make reasonable efforts to give a copy of such notice to the owner or operator of the declared online location. (11) Regulations may be made under section 62 to prescribe the reasonable efforts required to be made under subsections (5)( b ) and (10)( b ). (12) For the purposes of subsection (1) — ( a ) “active”, in relation to a Part 3 Direction or Part 4 Direction, means that the Part 3 Direction or Part 4 Direction (as the case may be) has not been set aside at the time the Declaration mentioned in subsection (1) is made; ( b ) where a statement of fact is communicated in Singapore on — (i) an online location bearing a sub‑domain name that is part of a domain name; or (ii) a sub‑directory of a website, the Minister may treat the statement as being communicated on the online location that bears that domain name, or on that website, as the case may be; and Examples ( a ) The Minister may treat a statement communicated on abc.example.com as being communicated on example.com. ( b ) The Minister may treat a statement communicated on www.example.com/abc as being communicated on www.example.com. ( c ) where the statements mentioned in subsection (1) are duplicated on another online location (called in this paragraph the mirrored location), each mirrored location is to be regarded as part of the original online location.


document_id: pofma-2019
provision_ref: s33
chapter: PART 5 - DECLARATION OF ONLINE LOCATIONS
section: 33
title: Access blocking order
content:
33. —(1) This section applies where — ( a ) paid content included on a declared online location is communicated in Singapore after a prescribed period starting on the date the Declaration concerned came into effect; and ( b ) the Minister is satisfied that after the date the Declaration came into effect, one or more end‑users in Singapore have used or are using the services of an internet access service provider to access the declared online location. (2) This section also applies where — ( a ) the owner or operator of a declared online location did not comply with a requirement mentioned in section 32(3)( f ) that is specified in the Declaration concerned; and ( b ) the Minister is satisfied that after the date the Declaration came into effect, one or more end‑users in Singapore have used or are using the services of an internet access service provider to access the declared online location. (3) The Minister may direct the IMDA to order the internet access service provider to take reasonable steps to disable access by end‑users in Singapore to the declared online location (called in this section an access blocking order), and the IMDA must give the internet access service provider an access blocking order. (4) An internet access service provider that fails to comply with an access blocking order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that order is not fully complied with, up to a total of $500,000. (5) No civil or criminal liability is incurred by an internet access service provider or an officer, employee or agent of such provider, for anything done or omitted to be done with reasonable care and in good faith in complying with an access blocking order.


document_id: pofma-2019
provision_ref: s34
chapter: PART 5 - DECLARATION OF ONLINE LOCATIONS
section: 34
title: Order to internet intermediary to disable access to declared online location
content:
34. —(1) This section applies where — ( a ) paid content included on a declared online location is communicated in Singapore after a prescribed period starting on the date the Declaration concerned came into effect; ( b ) the Minister is satisfied that after the date the Declaration came into effect, one or more end‑users in Singapore have used or are using the services of an internet intermediary to access the declared online location; and ( c ) the internet intermediary has control over access by end‑users in any place to the declared online location. (2) This section also applies where — ( a ) the owner or operator of a declared online location did not comply with a requirement mentioned in section 32(3)( f ) that is specified in the Declaration concerned; ( b ) the Minister is satisfied that after the date the Declaration came into effect, one or more end‑users in Singapore have used or are using the services of an internet intermediary to access the declared online location; and ( c ) the internet intermediary has control over access by end‑users in any place to the declared online location. (3) The Minister may direct the Competent Authority to order the internet intermediary to disable access by end‑users in Singapore to the declared online location, and the Competent Authority must give the internet intermediary such order. (4) An order of the Competent Authority under subsection (3) may be issued to a person whether the person is in or outside Singapore, and may require the person to do an act in or outside Singapore. (5) An internet intermediary that fails to comply with an order of the Competent Authority under subsection (3) whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that order is not fully complied with, up to a total of $500,000. (6) No civil or criminal liability is incurred by an internet intermediary or an officer, employee or agent of such intermediary, for anything done or omitted to be done with reasonable care and in good faith in complying with an order under subsection (3).


document_id: pofma-2019
provision_ref: s35
chapter: PART 5 - DECLARATION OF ONLINE LOCATIONS
section: 35
title: Appeals to General Division of High Court
content:
35. —(1) The following persons may appeal to the General Division of the High Court against a Declaration: ( a ) the owner or operator of the declared online location; ( b ) any person with editorial control over the online location. [40/2019] (2) No appeal may be made to the General Division of the High Court by any person unless the person has first applied to the Minister to vary or cancel the Declaration under section 32(9), and the Minister refused the application whether in whole or in part. [40/2019] (3) An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court. [40/2019] (4) The General Division of the High Court must hear and determine any such appeal and may either confirm the Declaration or set it aside. [40/2019] (5) The General Division of the High Court may only set aside a Declaration on the ground that, at the time of making the Declaration, the condition specified in section 32(1)( a ) or ( b ) was not satisfied. [40/2019] (6) A Declaration that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 32(8). [40/2019] (7) There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2019] (8) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made.


document_id: pofma-2019
provision_ref: s36
chapter: PART 5 - DECLARATION OF ONLINE LOCATIONS
section: 36
title: Deriving benefit from operating declared online location
content:
36. —(1) A person who, whether in or outside Singapore, solicits, receives or agrees to receive any financial or other material benefit as an inducement or reward for operating a declared online location shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (2) Without limiting the generality of the expression, a person receives financial or other material benefit as an inducement or reward for the operation of an online location if the person receives from another — ( a ) any consideration for the sale of advertising space on the online location; or ( b ) any consideration for access to any part of the online location. (3) It is a defence to a charge under subsection (1) for the accused to prove that the accused did not know and had no reason to believe that the online location was a declared online location. (4) Where a court convicts any person of an offence under subsection (1), the court must, in addition to imposing on that person the punishment in that subsection, order the person to pay as a penalty, within the time specified by the court, a sum equal to the amount of any financial or other material benefit received or the amount that in the court’s opinion is the value of that financial or other material benefit, and any such penalty is recoverable as a fine. (5) Subsection (4) does not apply if the court determines that the value of the financial or other material benefit cannot be assessed. (6) Where — ( a ) a person charged with 2 or more offences under subsection (1) is convicted of one or more of those offences; and ( b ) the other outstanding offences are taken into consideration by the court under section 148 of the Criminal Procedure Code 2010 for the purpose of passing sentence, the court may increase the penalty mentioned in subsection (4) by an amount not exceeding the total amount or value of the financial or other material benefit received for the offences so taken into consideration. (7) In this section, a person is not taken to operate an online location if the person does so merely as part of providing an internet intermediary service or incidentally to such provision.


document_id: pofma-2019
provision_ref: s37
chapter: PART 5 - DECLARATION OF ONLINE LOCATIONS
section: 37
title: Certain persons must not communicate in Singapore paid content on declared online locations, etc.
content:
37. —(1) A service provider must take reasonable steps (both in and outside Singapore) to ensure that after a prescribed period starting on the date the Declaration comes into effect, any paid content that it includes or causes to be included on a declared online location is not communicated in Singapore on the declared online location. (2) A digital advertising intermediary must take reasonable steps (both in and outside Singapore) to ensure that, after a prescribed period starting on the date the Declaration comes into effect, any paid content that it includes or causes to be included on a declared online location is not communicated in Singapore on the declared online location. (3) A prescribed digital advertising intermediary or prescribed internet intermediary must take reasonable steps (both in and outside Singapore) to ensure that, after a prescribed period starting on the date the Declaration comes into effect, it does not, when acting as a digital advertising intermediary or an internet intermediary, facilitate the communication in Singapore of any paid content that gives publicity to, or otherwise promotes, a declared online location. (4) A service provider or digital advertising intermediary is treated for the purposes of subsection (1) or (2) (as the case may be) as having taken reasonable steps to ensure that any paid content that it includes or causes to be included on a declared online location is not communicated in Singapore on the declared online location if it has taken such steps as may be prescribed by regulations made under section 62. (5) A prescribed digital advertising intermediary or prescribed internet intermediary is treated for the purposes of subsection (3) as having taken reasonable steps to ensure that it does not facilitate the communication in Singapore of any paid content mentioned in that subsection if it has taken such steps as may be prescribed by regulations made under section 62. (6) A person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (7) In any proceeding for an offence under subsection (1), (2) or (3), it is a defence for the accused to prove that the accused did not know and had no reason to believe that the online location was a declared online location. (8) In any proceeding for an offence under subsection (1), (2) or (3), it is not a defence for the accused to show that — ( a ) the accused did the act in question at the direction of another person; or ( b ) the paid content was communicated in Singapore by its inclusion on any online location through an automatic process without the accused choosing where the paid content is communicated, except as an automatic response to the request of a person.


document_id: pofma-2019
provision_ref: s38
chapter: PART 5 - DECLARATION OF ONLINE LOCATIONS
section: 38
title: Prohibition on providing financial support to declared online locations
content:
38. —(1) A person must not, whether in or outside Singapore, expend or apply any property knowing or having reason to believe that the expenditure or application supports, helps or promotes the communication of false statements of fact in Singapore on a declared online location. (2) Subsection (1) does not apply to a service provider or a digital advertising intermediary which gives any consideration for the purpose of communicating any paid content in Singapore on the declared online location. (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $500,000. (4) In this section, “property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property.


document_id: pofma-2019
provision_ref: s39
chapter: PART 5 - DECLARATION OF ONLINE LOCATIONS
section: 39
title: Sections 36, 37 and 38 have effect despite other laws, etc.
content:
39. —(1) It is not a defence to a charge under section 36, 37 or 38 that the accused is subject to any duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the person from complying with that section or restricts the person in such compliance. (2) No civil or criminal liability is incurred by the person or an officer, employee or agent of the person for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with section 36, 37 or 38.


document_id: pofma-2019
provision_ref: s40
chapter: PART 6 - DIRECTIONS TO COUNTERACT INAUTHENTIC
section: 40
title: Account Restriction Direction
content:
40. —(1) If the conditions in subsection (2) are satisfied, any Minister may instruct the Competent Authority to issue a direction to a prescribed internet intermediary requiring it to do one or both of the following: ( a ) disallow its services from being used to communicate any statement in Singapore through one or more specified online accounts; ( b ) disallow any person from using one or more specified online accounts to interact with any end‑user of its internet intermediary service in Singapore. (2) The conditions mentioned in subsection (1) are — ( a ) the specified online account or accounts (called in this Part the specified online account) is or are created with the prescribed internet intermediary; ( b ) either — (i) a false statement of fact (called in this Part the subject statement) has been communicated in Singapore using the specified online account; or (ii) coordinated inauthentic behaviour (called in this Part the subject behaviour) has been carried out using the specified online account; ( c ) the Minister in subsection (1) has determined that the specified online account is an inauthentic online account or is controlled by a bot; and ( d ) the Minister in subsection (1) is of the opinion that it is in the public interest to issue the Account Restriction Direction. (3) An Account Restriction Direction may specify that it has effect — ( a ) indefinitely; or ( b ) for a specified period not exceeding 3 months. (4) In determining whether an online account is an inauthentic online account or is controlled by a bot, the Minister must have regard to the following factors: ( a ) whether any information used in creating the online account relates to a country or territory that is not the country or territory that the holder of the account is purportedly from; ( b ) whether there is a pattern of suspicious activity carried out using the online account; ( c ) the date on which the online account was created; ( d ) any other factor that the Minister considers relevant. (5) An Account Restriction Direction must identify in sufficient detail the subject statement or the subject behaviour, as the case may be. (6) An Account Restriction Direction may require the prescribed internet intermediary to which it is issued to do an act in or outside Singapore. (7) A prescribed internet intermediary is responsible for the costs of complying with an Account Restriction Direction issued to it. (8) In this section, “specified” means specified in the Account Restriction Direction.


document_id: pofma-2019
provision_ref: s41
chapter: PART 6 - DIRECTIONS TO COUNTERACT INAUTHENTIC
section: 41
title: Service of Account Restriction Directions
content:
41. An Account Restriction Direction may be served by such means (including electronic means) as may be prescribed — ( a ) on the prescribed internet intermediary to whom it is issued; or ( b ) on a person in Singapore that the prescribed internet intermediary has appointed to accept service on the internet intermediary’s behalf.


document_id: pofma-2019
provision_ref: s42
chapter: PART 6 - DIRECTIONS TO COUNTERACT INAUTHENTIC
section: 42
title: Non-compliance with Account Restriction Direction an offence
content:
42. —(1) A prescribed internet intermediary to whom an Account Restriction Direction is issued and served, and who, without reasonable excuse, fails to comply with the Direction whether in or outside Singapore, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case, to a fine not exceeding $1 million, and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. (2) It is not a defence to a charge under subsection (1) that — ( a ) the prescribed internet intermediary is subject to a duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents the internet intermediary from complying with any part of the Account Restriction Direction or restricts the internet intermediary in such compliance; or ( b ) the prescribed internet intermediary has applied under section 46 to vary or cancel the Direction or has appealed to the General Division of the High Court against the Direction. [40/2019] (3) No civil or criminal liability is incurred by the prescribed internet intermediary or an officer, employee or agent of the internet intermediary, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to the Account Restriction Direction. (4) In determining whether a person charged with an offence under subsection (1) has a reasonable excuse for failing to comply with an Account Restriction Direction, the court must consider — ( a ) the state of the art available to give effect to the Direction; ( b ) the cost of complying with the Direction relative to the means available to the person; and ( c ) any other relevant factor.


document_id: pofma-2019
provision_ref: s43
chapter: PART 6 - DIRECTIONS TO COUNTERACT INAUTHENTIC
section: 43
title: Access blocking order
content:
43. —(1) This section applies where — ( a ) an internet intermediary fails to comply with an Account Restriction Direction; ( b ) either — (i) the subject statement was or is being communicated in Singapore on an online location; or (ii) the subject behaviour took place or is taking place on an online location; ( c ) the internet intermediary has control over access by end‑users in any place to that online location; and ( d ) the Minister is satisfied that one or more end‑users in Singapore have used or are using the services of an internet access service provider to access that online location. (2) The Minister may direct the IMDA to order the internet access service provider to take reasonable steps to disable access by end‑users in Singapore to the online location (called in this section an access blocking order), and the IMDA must give the internet access service provider an access blocking order. (3) An internet access service provider that does not comply with an access blocking order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that order is not fully complied with, up to a total of $500,000 for each offence. (4) No civil or criminal liability is incurred by an internet access service provider or an officer, employee or agent of such provider, for anything done or omitted to be done with reasonable care and in good faith in complying with an access blocking order.


document_id: pofma-2019
provision_ref: s44
chapter: PART 6 - DIRECTIONS TO COUNTERACT INAUTHENTIC
section: 44
title: Appeals to General Division of High Court
content:
44. —(1) The following persons may appeal to the General Division of the High Court against an Account Restriction Direction: ( a ) the prescribed internet intermediary to whom the Direction is issued; ( b ) the holder of the specified online account or any other person with control over the specified online account. [40/2019] (2) No appeal may be made to the General Division of the High Court by any person unless the person has first applied to the Minister mentioned in section 46 to vary or cancel the Account Restriction Direction under that section, and the Minister refused the application whether in whole or in part. [40/2019] (3) An appeal may only be made to the General Division of the High Court within such period as may be prescribed by Rules of Court. [40/2019] (4) The General Division of the High Court must hear and determine any such appeal and may either confirm the Account Restriction Direction or set it aside. [40/2019] (5) The General Division of the High Court may only set aside an Account Restriction Direction on any of the following grounds on an appeal by the prescribed internet intermediary: ( a ) the specified online account has not been used to communicate in Singapore the subject statement or carry out the subject behaviour; ( b ) either of the following (whichever is applicable): (i) the subject statement is not a statement of fact, or is a true statement of fact; (ii) the subject behaviour is not a coordinated inauthentic behaviour; ( c ) it is not technically possible to comply with the Direction. [40/2019] (6) The General Division of the High Court may only set aside an Account Restriction Direction on any of the following grounds on an appeal by the holder of, or the person having control over, the specified online account: ( a ) the specified online account had not been used to communicate in Singapore the subject statement or carry out the subject behaviour; ( b ) either of the following (whichever is applicable): (i) the subject statement is not a statement of fact, or is a true statement of fact; (ii) the subject behaviour is not a coordinated inauthentic behaviour; ( c ) the account is not an inauthentic online account or controlled by a bot, as the case may be. [40/2019] (7) An Account Restriction Direction that is the subject of an appeal under subsection (1) remains in effect despite the appeal, and only ceases to have effect if it is set aside by the General Division of the High Court or the appellate court on appeal from the General Division of the High Court, or if it expires or is cancelled under section 46. [40/2019] (8) Despite subsection (7), if the appellant (being the prescribed internet intermediary) establishes a prima facie case that it is technically impossible to comply with the Account Restriction Direction, the General Division of the High Court may direct that the Direction be stayed pending determination of the appeal. [40/2019] (9) There is such further right of appeal from a decision of the General Division of the High Court under this section as exists in the case of a decision made by the General Division of the High Court in the exercise of its original civil jurisdiction. [40/2019] (10) Rules of Court may provide for the manner in which and the time within which an appeal under subsection (1) may be made and for the procedure for an application to stay an Account Restriction Direction appealed against.


document_id: pofma-2019
provision_ref: s45
chapter: PART 6 - DIRECTIONS TO COUNTERACT INAUTHENTIC
section: 45
title: Other causes of action not affected
content:
45. The issue of a Direction in relation to an inauthentic online account does not affect any power or right of any person (including a Minister, the Competent Authority or the Government) to take any other action under this Act or any other law in relation to that account, or the power of the Public Prosecutor to initiate proceedings for an offence under this Act or any other law in relation to that account.


document_id: pofma-2019
provision_ref: s46
chapter: PART 6 - DIRECTIONS TO COUNTERACT INAUTHENTIC
section: 46
title: Variation or cancellation of Account Restriction Direction
content:
46. —(1) The Minister who instructed the Competent Authority to issue an Account Restriction Direction may at any time instruct the Competent Authority to vary or cancel an Account Restriction Direction, by serving a written notice on the prescribed internet intermediary to whom the Direction is issued. (2) The Minister may instruct the Competent Authority to vary or cancel an Account Restriction Direction under subsection (1) — ( a ) on the Minister’s own initiative; or ( b ) on an application by — (i) the prescribed internet intermediary to whom the Direction is issued; or (ii) the holder of the specified online account or any other person with control over the specified online account. (3) Sections 41 to 44 apply in relation to an Account Restriction Direction that is varied under this section as they apply in relation to the original Direction. (4) Section 41 applies in relation to the notice cancelling the Account Restriction Direction under this section as it applies in relation to the original Direction.


document_id: pofma-2019
provision_ref: s47
chapter: PART 7 - OTHER MEASURES
section: 47
title:
Prescribed digital advertising intermediary or internet intermediary to disable access in Singapore to certain paid content

content:
47. —(1) A prescribed digital advertising intermediary or prescribed internet intermediary must take reasonable steps (both in and outside Singapore) to ensure that it does not, when acting as a digital advertising intermediary or an internet intermediary, facilitate the communication in Singapore of any paid content that gives publicity to or otherwise promotes an online location that includes the statement or material that is the subject of a Part 3 Direction or Part 4 Direction. (2) The Minister may instruct the Competent Authority to direct a prescribed digital advertising intermediary or prescribed internet intermediary to designate a channel by which the Competent Authority may notify it of any online location that includes a false statement of fact that is the subject of a Part 3 Direction or Part 4 Direction. (3) A prescribed digital advertising intermediary or prescribed internet intermediary is treated for the purposes of subsection (1) as having taken reasonable steps to ensure that it does not facilitate the communication in Singapore of any paid content mentioned in that subsection if it has taken such steps as may be prescribed by regulations made under section 62. (4) A prescribed digital advertising intermediary or prescribed internet intermediary that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case, to a fine not exceeding $500,000.


document_id: pofma-2019
provision_ref: s48
chapter: PART 7 - OTHER MEASURES
section: 48
title: Codes of practice
content:
48. —(1) The Competent Authority may issue one or more codes of practice applicable to one or both of the following: ( a ) prescribed digital advertising intermediaries or prescribed types of digital advertising intermediaries; ( b ) prescribed internet intermediaries or prescribed types of internet intermediaries, for the purpose of enhancing disclosure of the sponsor and other information concerning any paid content that is directed towards a political end, that is communicated in Singapore. (2) The Competent Authority may issue one or more codes of practice applicable to prescribed internet intermediaries or prescribed types of internet intermediaries, for one or more of the following purposes: ( a ) to detect, control and safeguard against coordinated inauthentic behaviour and any other misuse of online accounts; ( b ) to give prominence to credible sources of information; ( c ) to not give prominence to a declared online location and an online location that is or that contains — (i) a statement of fact that is the subject of a Part 3 Direction; or (ii) any material that is the subject of a Part 4 Direction. (3) Without limiting subsections (1) and (2), a code of practice may — ( a ) require a digital advertising intermediary or an internet intermediary to carry out specified due diligence measures before entering into an agreement to communicate in Singapore any paid content that is directed towards a political end; ( b ) require a digital advertising intermediary or an internet intermediary to disclose to the public, or a specified description of persons, any paid content communicated in Singapore that is directed towards a political end, and to maintain and make available to the public, or a specified description of persons, a record of all such paid content; ( c ) require an internet intermediary to carry out specified due diligence measures for the detection of coordinated inauthentic behaviour involving online accounts created with it and to safeguard against any misuse of such online accounts; ( d ) require an internet intermediary to carry out specified due diligence measures to safeguard against any misrepresentation of the identity of an end‑user and to safeguard against any misuse of bots; ( e ) require an internet intermediary to report to the Competent Authority any knowledge or suspicion of any coordinated inauthentic behaviour; ( f ) require a digital advertising intermediary or an internet intermediary to report to the Competent Authority any knowledge or suspicion of any misuse of services provided by the digital advertising intermediary or internet intermediary to facilitate the communication of paid content in Singapore; ( g ) require a digital advertising intermediary or an internet intermediary to designate a channel by which the Competent Authority may notify it of any Declaration, Part 3 Direction or Part 4 Direction; ( h ) require a digital advertising intermediary or an internet intermediary to keep specified records, and to provide specified reports to the Competent Authority at a specified frequency, regarding its compliance with any part of the code of practice; ( i ) require a digital advertising intermediary or an internet intermediary to put in place measures to detect non‑compliance with any specified due diligence measures, to keep specified records, and to provide specified reports to the Competent Authority within a specified time of such non‑compliance; and ( j ) require measures in the code of practice to be taken in or outside Singapore, or both. (4) The Competent Authority may, at any time — ( a ) vary a code of practice (including by adding anything to it) with respect to any purpose specified in subsection (1) or (2), as the case may be; or ( b ) revoke a code of practice. (5) If any provision in a code of practice is inconsistent with any provision of this Act, that provision — ( a ) is to have effect subject to this Act; or ( b ) having regard to this Act, is not to have effect. (6) Subject to subsection (5), every prescribed digital advertising intermediary or prescribed internet intermediary, or every digital advertising intermediary or internet intermediary within the prescribed type of digital advertising intermediary or prescribed type of internet intermediary, must comply with a code of practice (or any part of it) applicable to it. (7) The Competent Authority may, for such time as it may specify, waive the application of any code of practice (or any part of a code of practice) to any digital advertising intermediary or internet intermediary. (8) A code of practice issued under this section does not have legislative effect. (9) In subsection (1), “towards a political end” means — ( a ) to promote the interests of a political party or other group of persons organised in Singapore for political objects; ( b ) to influence, or to seek to influence, the outcome of an election to the office of President, a general election of Members of Parliament, a by‑election of a Member of Parliament, or a referendum; ( c ) to influence, or to seek to influence, public opinion on a matter which in Singapore is a matter of public interest or public controversy; or ( d ) to bring about, or to seek to bring about, changes of the law in the whole or a part of Singapore, or to otherwise influence, or to seek to influence, the legislative process or outcome in Singapore.


document_id: pofma-2019
provision_ref: s49
chapter: PART 7 - OTHER MEASURES
section: 49
title: Appeals to Minister
content:
49. —(1) Any digital advertising intermediary or internet intermediary who is aggrieved by anything contained in a code of practice may appeal to the Minister. (2) An appeal under this section — ( a ) must be in writing; ( b ) must specify the grounds on which it is made; and ( c ) must be made within 14 days after the date the code of practice or (if the appeal is against a variation of the code) the variation takes effect, or such longer period as the Minister may allow in the appellant’s case. (3) The Minister may require — ( a ) any party to the appeal; or ( b ) any person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the appeal, to provide the Minister with such information or document as the Minister may require for the purpose of considering and determining the appeal; and any person so required to provide the information or document must provide it in such manner and within such period as may be specified by the Minister. (4) The Minister may reject the appeal if the appellant does not comply with subsection (2) or (3). (5) The appeal does not affect the operation of the relevant part of the code of practice unless otherwise directed by the Minister in any particular case. (6) The Minister may determine the appeal by confirming, varying or reversing the relevant part of the code of practice, and the Minister’s decision is final. (7) Regulations may be made under section 62 for the manner in which an appeal may be made to the Minister under this section and the procedure to be adopted in hearing such appeals.


document_id: pofma-2019
provision_ref: s50
chapter: PART 7 - OTHER MEASURES
section: 50
title: Notice requiring compliance
content:
50. —(1) If, whether upon a review of a report given pursuant to a code of practice or otherwise, the Competent Authority is of the opinion that a digital advertising intermediary or an internet intermediary (called in this section the intermediary) to whom a code of practice applies had not complied with or complied fully with any part of the code, the Competent Authority may give the intermediary a notice — ( a ) setting out details of the non‑compliance; and ( b ) directing the intermediary to take such steps, whether in or outside Singapore, and within a specified time, as may be necessary to remedy the non‑compliance. (2) A notice under subsection (1) may be served by such means (including electronic means) as may be prescribed — ( a ) on the intermediary to whom it is issued; or ( b ) a person in Singapore that the intermediary has appointed to accept service on the intermediary’s behalf. (3) An intermediary to whom a notice is issued and served who, without reasonable excuse, fails to comply with the notice, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case, to a fine not exceeding $1 million, and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.


document_id: pofma-2019
provision_ref: s51
chapter: PART 7 - OTHER MEASURES
section: 51
title: Code of practice and section 50 notice have effect despite other laws, etc.
content:
51. —(1) A requirement of a code of practice or a notice under section 50 applicable to a digital advertising intermediary or an internet intermediary (called in this section the intermediary) has effect despite — ( a ) any duty of confidentiality or privacy imposed by any rule of law; or ( b ) any duty imposed by any contract or any rule of professional conduct, that prevents the intermediary from complying with that requirement or restricts the intermediary in such compliance. (2) No civil or criminal liability is incurred by an intermediary or an officer, employee or agent of the intermediary, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a requirement of the code of practice or a notice under section 50.


document_id: pofma-2019
provision_ref: s52
chapter: PART 8 - ALTERNATE AUTHORITY FOR ELECTION PERIOD
section: 52
title: Alternate authority for election period
content:
52. —(1) For the purposes of sections 16, 28, 32(1) and (8), 33, 34, 43, 47(2) and 54, a reference to the Minister during an election period is a reference to the alternate authority appointed by the Minister. (2) For the purposes of sections 10, 19, 20, 24(4), 31, 40 and 46, a reference to any Minister during an election period is a reference to the alternate authority appointed by the respective Minister. (3) The alternate authority is a public officer appointed by the Minister or any Minister (as the case may be) before the start of any election period. (4) Notice of every appointment of an alternate authority must be published in the Gazette before it takes effect. (5) No appointment of an alternate authority may be made during any election period. (6) The powers of the Minister under the sections mentioned in subsection (1) and the powers of any Minister under the sections mentioned in subsection (2) — ( a ) cease, during an election period, to be exercisable by the respective Minister; and ( b ) may, during an election period, be exercised by the alternate authority appointed by the respective Minister. (7) In this section and section 53, “election period” means the period beginning with the day a writ of election is issued under section 24 of the Parliamentary Elections Act 1954 for the purposes of a general election of Members of Parliament and ending with the close of polling day at that election.


document_id: pofma-2019
provision_ref: s53
chapter: PART 8 - ALTERNATE AUTHORITY FOR ELECTION PERIOD
section: 53
title: Alternate authority for other periods
content:
53. —(1) The Minister or any Minister may appoint an alternate authority for such period, other than an election period, as may be specified. (2) Section 52(1) to (4) and (6) applies accordingly as if — ( a ) every reference to an alternate authority in those provisions is a reference to an alternate authority appointed under subsection (1); and ( b ) every reference to the election period in those provisions is a reference to the period specified under subsection (1).


document_id: pofma-2019
provision_ref: s54
chapter: PART 9 - MISCELLANEOUS
section: 54
title: Direction to appoint representative to accept service and access blocking order
content:
54. —(1) The Minister may instruct the Competent Authority to direct a person that satisfies such criteria as may be prescribed — ( a ) to appoint a person in Singapore to accept service of Part 3 Directions, Part 4 Directions, Remedial Orders, Account Restriction Directions or notices under section 50 on the first person’s behalf; and ( b ) to provide the Competent Authority with the name, address and other contact details of the appointed person. (2) Where — ( a ) a person that is an internet intermediary fails to comply with a direction made under subsection (1); and ( b ) the Minister is satisfied that one or more end‑users in Singapore have used or are using the services of an internet access service provider to access any false statement of fact by means of an internet intermediary service provided by the internet intermediary, the Minister may direct the IMDA to order the internet access service provider to take reasonable steps to disable use of the internet intermediary service by end‑users in Singapore (called in this section an access blocking order), and the IMDA must give the internet access service provider an access blocking order. (3) Where — ( a ) a person other than an internet intermediary fails to comply with a direction under subsection (1); and ( b ) the Minister is satisfied that one or more end‑users in Singapore have used or are using the services of an internet access service provider to access any false statement of fact communicated in Singapore by the person, the Minister may direct the IMDA to order the internet access service provider to take reasonable steps to disable access by end‑users in Singapore to the online location on which such statement is communicated in Singapore (also called in this section an access blocking order), and the IMDA must give the internet access service provider an access blocking order. (4) An internet access service provider that does not comply with an access blocking order under subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 for each day during any part of which that order is not fully complied with, up to a total of $500,000 for each offence. (5) No civil or criminal liability is incurred by an internet access service provider or an officer, employee or agent of such provider, for anything done or omitted to be done with reasonable care and in good faith in complying with an access blocking order.


document_id: pofma-2019
provision_ref: s55
chapter: PART 9 - MISCELLANEOUS
section: 55
title: Appointment of authorised officers
content:
55. —(1) The Minister may appoint such number of — ( a ) police officers; ( b ) public officers who are not police officers; and ( c ) employees of any statutory board, as the Minister considers appropriate to be authorised officers to administer this Act, either generally or for any particular provision. (2) Every authorised officer is to exercise his or her powers under this Act subject to the general or special directions of the Minister. (3) An authorised officer may be assisted by other individuals in the exercise of his or her powers under section 56 if that assistance is necessary and reasonable. (4) The Minister must cause to be issued to each authorised officer mentioned in subsection (1)( b ) or ( c ) an identification card, which must be carried at all times by the authorised officer when exercising powers under this Act. (5) Every authorised officer acting under this Act is taken to be a public servant for the purposes of the Penal Code 1871.


document_id: pofma-2019
provision_ref: s56
chapter: PART 9 - MISCELLANEOUS
section: 56
title: Powers of enforcement
content:
56. The Minister may, by written order, authorise an authorised officer to exercise all or any of the powers in relation to police investigations given by the Criminal Procedure Code 2010 as set out in the Schedule, and the provisions of that Code relating to such powers apply accordingly.


document_id: pofma-2019
provision_ref: s57
chapter: PART 9 - MISCELLANEOUS
section: 57
title: Composition of offences
content:
57. —(1) An authorised officer, authorised in writing by the Minister, 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 one half of the amount of the maximum fine that is prescribed for the offence. (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence under this Act. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: pofma-2019
provision_ref: s58
chapter: PART 9 - MISCELLANEOUS
section: 58
title: Offences by corporations
content:
58. —(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 the actual or apparent authority of the officer, employee or agent; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under Part 2, 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, commits the same offence as the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) 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 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: pofma-2019
provision_ref: s59
chapter: PART 9 - MISCELLANEOUS
section: 59
title: Offences by unincorporated associations or partnerships
content:
59. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of the actual or apparent authority of the employee or agent; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under Part 2, 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, commits the same offence as the unincorporated association or partnership, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: pofma-2019
provision_ref: s60
chapter: PART 9 - MISCELLANEOUS
section: 60
title: Jurisdiction of courts
content:
60. —(1) Where an offence under section 7, 8, 9, 15, 27, 32(6), 34(5), 36, 37, 38, 42, 47 or 50(3) is committed by a person outside Singapore, the person may be dealt with in respect of that offence as if it had been committed within Singapore. (2) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: pofma-2019
provision_ref: s61
chapter: PART 9 - MISCELLANEOUS
section: 61
title: General exemption
content:
61. The Minister may, by order in the Gazette , exempt any person or class of persons from any provision of this Act.


document_id: pofma-2019
provision_ref: s62
chapter: PART 9 - MISCELLANEOUS
section: 62
title: Regulations
content:
62. The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.


document_id: posspa-2018
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “activation order” means an order under section 8(1); “autonomous system”, for a motor vehicle or vessel, means a system that enables the operation of the motor vehicle or vessel without the active physical control of, or monitoring by, a human operator; “autonomous vehicle” means a motor vehicle equipped wholly or substantially with an autonomous system (also commonly known as a driverless vehicle), and includes a trailer drawn by such a motor vehicle; “civilian assistant” means an individual who is not a serviceman, law enforcement officer or police officer, and who acts on the direction and in aid of a police officer granted a special authorisation; “Commissioner” means a public officer who is appointed under section 6(1) of the Police Force Act 2004 as the Commissioner of Police, and includes a police officer who is for the time being appointed under that provision to execute the duties of that office; “communicate”, for a film, text message, sound recording or picture, means to transmit by any means (whether over a path provided by a material substance or by wireless means or otherwise) the film, text message, sound recording or picture, whether or not it is sent in response to a request, and includes re‑communicate; “communications stop order” means an order made under section 30(1) because of a special authorisation; “cordon”, in relation to any area, includes — ( a ) a physical barrier; or ( b ) a roadblock on any road in, or in the vicinity of, the area; “cordoned area” means an area on which a cordon is placed by or under a special authorisation; “dangerous article” includes — ( a ) an article which has a blade or is sharply pointed but is not an offensive weapon; ( b ) an explosive or explosive precursor within the meaning of the Guns, Explosives and Weapons Control Act 2021; [Act 3 of 2021 wef 01/07/2025] ( c ) a corrosive substance within the meaning of the Corrosive and Explosive Substances and Offensive Weapons Act 1958; ( d ) a dangerous, hazardous, radioactive or harmful substance or toxic chemical; ( e ) a microbial or other biological agent, or toxin (with or without its container); or ( f ) an article or a vehicle used or about to be used in a serious incident to cause or threaten injury to, or otherwise intimidate, any person; “emergency service agency” means — ( a ) the Singapore Civil Defence Force; ( b ) a public authority empowered by or under a public Act to perform or discharge search and rescue, firefighting or environmental hazard control services, and which is prescribed to be an emergency service agency; or ( c ) any person supplying services under a contract with an emergency service agency in paragraph ( a ) or ( b ) in aid of or contributing to the performance of the functions or duties of that agency; “exhibit” means — ( a ) for a film, text message or picture — to display, screen or project the contents contained in the film, text message or picture in order that another individual may see it; or ( b ) for a sound recording (which is not the soundtrack of a film) — to play the contents contained in the sound recording in order that another individual may hear it; “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), and includes any part of a film, and any copy or part of a copy of the whole or any part of a film; “information” includes data, text, maps, images, sound, codes, computer programs, software and databases; “law enforcement activity” means — ( a ) the exercise by any police officer or law enforcement officer of — (i) any function of maintaining law and order, preserving public peace or preventing and detecting crimes and offences; or (ii) any power of investigation, search, seizure or arrest under any written law; ( b ) the exercise of a special power by any police officer, or by any law enforcement officer or civilian assistant when acting on the direction and in aid of a police officer given a special authorisation; ( c ) any activity carried out by an individual mentioned in paragraph ( a ) or ( b ) in preparation for or directly in support of any activity mentioned in paragraph ( a ) or ( b ); or ( d ) the exercise of any power under section 201C(9) of the Singapore Armed Forces Act 1972 by a serviceman, or the carrying out by a serviceman of any activity in preparation for or directly in support of the exercise of that power; “law enforcement officer” means — ( a ) an immigration officer appointed under section 3 of the Immigration Act 1959; ( b ) a public officer appointed to the Narcotics Service; ( c ) a public officer appointed to the Prisons Service; ( d ) a public officer appointed to the Civil Defence Service (but not an auxiliary member of the Civil Defence Force); or ( e ) a public officer (other than a serviceman) who is in a prescribed class of public officers; “offensive weapon” means — ( a ) any firearm, air gun, air pistol, stun gun, electronic dart gun, automatic gun, automatic pistol or any other kind of gun from which any shot, bullet or other missile can be discharged or noxious fumes or noxious substance can be emitted, and any component part of any such arms; ( b ) a bayonet, sword, dagger, spear or spearhead; ( c ) a bomb or grenade, any apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance, or a part of such bomb, grenade, apparatus, machine or implement; or ( d ) an article or a vehicle which, if used as a weapon, is likely to cause hurt within the meaning of the Penal Code 1871; “personal property”, in relation to an individual, means things carried by the individual or things apparently in the immediate possession or control of the individual, but does not include clothing being worn by the individual; “photograph” means a product of photography or of a process similar to photography, other than an article or 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; “picture” includes — ( a ) a drawing, whether made by computer graphics or otherwise; or ( b ) a photograph, photographic negative, photographic plate or photographic slide; “police officer” includes — ( a ) a member of the Special Constabulary established under the Police Force Act 2004; and ( b ) an auxiliary police officer appointed as such under Part 9 of the Police Force Act 2004; “premises” includes a building or structure or place, whether built on or not and whether situated underground or underwater, and includes, in particular, any vehicle, vessel or aircraft; “public” includes a section of the public; “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 road” means a road within the meaning given by section 2(1) of the Road Traffic Act 1961, and includes any path over which a member of the public has a right of way; “relevant film or picture”, in relation to a communications stop order made because of a special authorisation, means a film or picture which — ( a ) is made when a special authorisation is in effect; and ( b ) is wholly, partly or incidentally about, or wholly, partly or incidentally relates to, the target area of the special authorisation; “relevant text or audio message”, in relation to a communications stop order made because of a special authorisation, means a text or audio message which — ( a ) is made when a special authorisation is in effect; and ( b ) is wholly, partly or incidentally about, or wholly, partly or incidentally relates to, law enforcement activities in the target area of the special authorisation; “serviceman” means a serviceman within the meaning given by section 2(1) of the Singapore Armed Forces Act 1972, who is authorised under section 201E of that Act to exercise powers under section 201C(9) of that Act in connection with an activation order; “special authorisation” means an authorisation that is granted under section 11 and in effect; “special power” means any power conferred under Part 4 or section 31, 35(4) or (5) or 48; “subversive document” means any document which contains any matter — ( a ) that has a tendency to excite persons in Singapore to attempt to procure in Singapore, the alteration (otherwise than by lawful means) of any matter established by law; [Act 30 of 2021 wef 02/11/2022] ( aa ) that has a tendency to bring into hatred or contempt or to excite disaffection against the administration of justice in Singapore; [Act 30 of 2021 wef 02/11/2022] ( b ) likely to be prejudicial to controlling public disorder or maintaining or restoring public order in Singapore; ( c ) counselling or likely to lead to disobedience to the law of Singapore or to any lawful order therein; ( d ) inciting or likely to cause unlawful violence or to promote feelings of ill will or hostility between different races or classes of the population in Singapore; or ( e ) likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of the public servant’s duty or against any class of public servants, or against any armed force lawfully in Singapore or any member of such force in the execution of the member’s duty, and “document” in this definition includes any thing in which information of any description is recorded, whether in electronic or other form; “target area” has the meaning given by section 5(1)( c ); “target person” has the meaning given by section 5(1)( a ) and (2); “target vehicle” has the meaning given by section 5(1)( b ) and (3); “temporary restraining order” means a temporary restraining order made under section 29, and includes any such order as varied and modified from time to time under sections 29 and 49, respectively; “unmanned aircraft” and “unmanned aircraft system” have the respective meanings given by section 2(1) of the Air Navigation Act 1966; “unmanned vessel” means a vessel equipped wholly or substantially with an autonomous system (such as an unmanned surface vehicle and a saildrone) and includes a barge drawn by an unmanned vessel; “vehicle” means any means of transport used on land, whether self‑propelled or not, such as a train, motor car, bicycle or personal mobility device; “vessel” includes a floating facility. (2) To avoid doubt, a reference in this Act to a police officer includes a reference to an intelligence officer within the meaning of section 65(1)( a ) of the Police Force Act 2004. (3) In this Act, “controlling public disorder” includes containing or reducing the public disorder or bringing the public disorder to an end. (4) If this Act requires a police officer to reasonably believe something before exercising a power, it is sufficient if the Commissioner or a more highly ranked police officer than that police officer reasonably believes it and directs that police officer to exercise the power. (5) A document is not considered as having the tendency mentioned in paragraph ( a ) or ( aa ) of the definition of “subversive document” in subsection (1) by reason only that it has a tendency — ( a ) to show that the Government has been misled or mistaken in any of its measures; ( b ) to point out errors or defects in the Government, in any written law or in the administration of justice with a view to the remedying of such error or defect; ( c ) to persuade citizens of Singapore or residents in Singapore t


document_id: posspa-2018
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “serious incident”
content:
3. In this Act, unless the context otherwise requires, “serious incident” means — ( a ) the carrying out of an act constituting — (i) a terrorist act within the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act 2002 affecting persons or property situated in Singapore; (ii) a terrorist bombing offence within the meaning given by section 2 of the Terrorism (Suppression of Bombings) Act 2007 committed in Singapore; (iii) a nuclear terrorism offence within the meaning given by section 2 of the Terrorism (Suppression of Misuse of Radioactive Material) Act 2017 committed in Singapore; (iv) an abetment of or a conspiracy to commit an act or offence specified in sub‑paragraph (i), (ii) or (iii); or (v) an attempt to commit an act or offence specified in sub‑paragraph (i), (ii) or (iii); ( b ) the carrying out of an act of serious violence affecting the public; or ( c ) the carrying out of an act causing large‑scale public disorder. Illustrations ( a ) An explosion of a bomb in a shopping area during business hours. The bomber is evading authorities in Singapore, and a manhunt is mounted to capture the bomber. ( b ) The threat of an unlawful taking control of a rapid transit system by a forcible intrusion on board a train or at a train station or depot that puts the safety of the train, or any passengers or crew on board or outside the train, at risk. ( c ) Multiple coordinated attacks by gunmen shooting at a concert hall or cinema during a performance attended by a large audience and at other crowded locations. ( d ) A sit‑down demonstration for a cause attracts a large group of sympathisers who voluntarily join the sit‑in. For over a week, the group grows and the demonstrators start to occupy the publicly accessible paths and other open spaces in the central business district. Their presence starts to impede the flow of vehicular and pedestrian traffic and interfere with normal trade or business activities in the area. ( e ) A group protesting in the street grows in size. The protestors start to destroy nearby vehicles and throw projectiles.


document_id: posspa-2018
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “act of serious violence”
content:
4. —(1) In this Act, unless the context otherwise requires, “act of serious violence” means an act that — ( a ) involves serious violence to an individual; ( b ) causes serious damage to property; ( c ) causes death; ( d ) endangers an individual’s life, including the life of the individual taking action; ( e ) causes a serious risk to the health or safety of the public; or ( f ) involves releasing into the environment or any part of the environment, or distributing or otherwise exposing the public to — (i) any toxic chemical; (ii) any dangerous, hazardous, radioactive or harmful substance; or (iii) any microbial or other biological agent, or toxin. (2) A reference in this section to an individual or a property is a reference to an individual or a property situated within Singapore.


document_id: posspa-2018
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Meaning of target of special authorisation
content:
5. —(1) In this Act, unless the context otherwise requires — ( a ) the target person of a special authorisation is the particular individual or person in relation to whom the special authorisation authorises the exercise of special powers under this Act; ( b ) the target vehicle of a special authorisation is the particular vehicle or particular kind of vehicle in relation to which the special authorisation authorises the exercise of special powers under this Act; and ( c ) the target area of a special authorisation is the particular area in relation to which the special authorisation authorises the exercise of special powers under this Act. (2) A reference in this Act to an individual in a target area of a special authorisation includes an individual who is about to enter the target area or who has recently left the target area. (3) A reference in this Act to a vehicle in a target area of a special authorisation includes a vehicle that is about to enter the target area or that has recently left the target area. (4) A description of an individual who, or an area or vehicle which, is the target person or target area or target vehicle of a special authorisation includes a description — ( a ) by way of a picture of the individual; ( b ) by way of a picture or map of the area; or ( c ) by way of a picture of the vehicle, as the case may be.


document_id: posspa-2018
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Purposes of Act
content:
6. The purposes of this Act are — ( a ) to provide additional powers to the police; and ( b ) to impose new obligations on other persons, relating to the prevention of, and the response to, serious incidents occurring or likely to occur in Singapore.


document_id: posspa-2018
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Application of Act
content:
7. To avoid doubt, the functions, powers or duties conferred by this Act in relation to a serious incident may be exercised or performed only if the act of serious violence or act causing large‑scale public disorder has been, or is being, or is likely to be, committed in Singapore.


document_id: posspa-2018
provision_ref: s8
chapter: PART 2 - ACTIVATION ORDER
section: 8
title: Activation order by Minister
content:
8. —(1) Where, in the Minister’s opinion — ( a ) there is a serious incident occurring or which has occurred in any area or place in Singapore, or a threat of such an incident occurring in any area or place in Singapore; and ( b ) the exercise of any power under this Act is necessary to substantially assist in — (i) preventing the occurrence of the serious incident; (ii) reducing the impact of the serious incident, or the threatened serious incident, on the health or safety of the public or on property in that area or place; or (iii) controlling public disorder or restoring or maintaining public order in Singapore after the occurrence of the serious incident, the Minister may, by order in writing given to the Commissioner, activate the use of powers under this Act. (2) Once an activation order is made and given under subsection (1), the Minister must cause to be published a notice of the making and giving of the activation order as follows without delay: ( a ) in the Gazette ; ( b ) in any other manner that will secure adequate publicity for the fact of making and giving of the activation order. (3) However, failure to publish a notice under subsection (2) in respect of any activation order does not invalidate the order. (4) An activation order may be revoked at any time by the Minister by instrument in writing; and the Minister must cause the giving of notice of the revocation in the same manner in which the notice of the making of the activation order was first given.


document_id: posspa-2018
provision_ref: s9
chapter: PART 2 - ACTIVATION ORDER
section: 9
title: Contents of activation order
content:
9. —(1) An activation order must — ( a ) describe the general nature of the serious incident or threatened serious incident to which the activation order applies; ( b ) specify the period or periods during which the activation order has effect; and ( c ) authorise the Commissioner to exercise all or any of the special powers under any provision of this Act in relation to the serious incident or threatened serious incident, during the period the activation order is in effect. (2) However, the period required by subsection (1)( b ) to be specified in an activation order must not be longer than the period specified in section 10(2).


document_id: posspa-2018
provision_ref: s10
chapter: PART 2 - ACTIVATION ORDER
section: 10
title: Duration of activation order
content:
10. —(1) Subject to subsection (2) or a revocation under section 8(4) by the Minister, an activation order has effect during the period — ( a ) starting when it is given to the Commissioner, or at the later time specified in the activation order where so specified; and ( b ) ending at the time specified in that activation order. (2) The period an activation order has effect must not exceed one month. (3) However, the cessation of an activation order having effect (whether or not by revocation) does not prevent a further activation order being made and given by the Minister if the Minister is satisfied that the circumstances warrant it under section 8.


document_id: posspa-2018
provision_ref: s11
chapter: PART 3 - SPECIAL AUTHORISATIONS
section: 11
title: Special authorisation by Commissioner
content:
11. —(1) Where the Commissioner is given an activation order because of a serious incident or threatened serious incident in an area or place in Singapore, the Commissioner may, during the period the activation order has effect, grant in accordance with this Part a special authorisation to a police officer for the exercise by the officer of special powers as will substantially assist in all or any of the following: ( a ) preventing the occurrence of the serious incident; ( b ) reducing the impact of the serious incident, or the threatened serious incident, on the health or safety of the public or on property in the area or place; ( c ) controlling public disorder or restoring or maintaining public order after the occurrence of the serious incident; ( d ) apprehending the persons responsible for the serious incident; ( e ) preserving the evidence of, or relating to, the serious incident; ( f ) supporting the necessary recovery process for the community in the aftermath of the serious incident; ( g ) facilitating the activities of emergency service agencies responding to the serious incident. (2) In granting a special authorisation under this Part, it is not necessary for the Commissioner to give any person who may be affected by the special authorisation a chance to be heard before the authorisation is granted.


document_id: posspa-2018
provision_ref: s12
chapter: PART 3 - SPECIAL AUTHORISATIONS
section: 12
title: Contents of special authorisation
content:
12. —(1) A special authorisation must — ( a ) describe the general nature of the serious incident or threatened serious incident to which the authorisation applies; ( b ) specify the period or periods during which the authorisation has effect; ( c ) specify which of the special powers may be exercised under the authorisation, but subject to section 15(4); and ( d ) authorise the exercise of the special powers specified under paragraph ( c ) in relation to all or any of the following: (i) a particular individual or person named or described in the authorisation (called in this Act a target person of the special authorisation); (ii) a particular vehicle, or a vehicle of a particular kind, described in the authorisation (called in this Act a target vehicle of the special authorisation); (iii) a particular area described in the authorisation (called in this Act a target area of the special authorisation). (2) A special authorisation granted to a police officer may also confer power on the police officer to direct another police officer to exercise the special powers specified in the special authorisation under subsection (1)( c ).


document_id: posspa-2018
provision_ref: s13
chapter: PART 3 - SPECIAL AUTHORISATIONS
section: 13
title: How special authorisation to be given
content:
13. —(1) A special authorisation by the Commissioner must be in writing, or be confirmed in writing as soon as practicable after being given orally. (2) The Commissioner must cause notice of every special authorisation the Commissioner grants to be given — ( a ) to every police officer authorised to exercise the special powers specified in that authorisation; and ( b ) to any other person who, in the Commissioner’s opinion, ought to have notice of the authorisation. (3) Without limiting subsection (2)( b ), notice to the public of the granting of a special authorisation may be given in all or any of the following ways: ( a ) by causing it to be published in the daily newspapers circulating in Singapore in all the official languages; ( b ) by causing it to be broadcast over the radio and television and in the manner prescribed, if any; ( c ) by causing it to be published in any other manner that the Commissioner considers will secure adequate publicity for the granting of the special authorisation. (4) A special authorisation may be revoked at any time by the Commissioner by instrument in writing; and the Commissioner must give notice, or cause the giving of notice, of the revocation in the same manner in which the special authorisation was first given. (5) To avoid doubt, the non‑publication of any notice of the granting of a special authorisation or its revocation in the manner described in subsection (3) or (4) does not affect the validity of the special authorisation or revocation, as the case may be.


document_id: posspa-2018
provision_ref: s14
chapter: PART 3 - SPECIAL AUTHORISATIONS
section: 14
title: How long does special authorisation have effect
content:
14. —(1) Subject to subsection (2) or a revocation under section 13(4) by the Commissioner, a special authorisation has effect during the period — ( a ) starting when it is granted, or at any later time that is specified in the authorisation; and ( b ) ending at the time specified in that authorisation. (2) The period that a special authorisation which is granted because an activation order has effect must not in any case exceed the period the activation order has effect. (3) However, the cessation of a special authorisation having effect (whether or not by revocation) does not prevent a further special authorisation being granted by the Commissioner if the Commissioner is satisfied that the circumstances warrant it under section 11 and an activation order is in effect.


document_id: posspa-2018
provision_ref: s15
chapter: PART 3 - SPECIAL AUTHORISATIONS
section: 15
title: Who may exercise powers under special authorisation
content:
15. —(1) A special power specified in a special authorisation may be exercised by any of the following who is granted the special authorisation: ( a ) a police officer when he or she is in uniform; ( b ) a police officer when not in uniform only after he or she produces a warrant identifying himself or herself as a police officer. (2) To avoid doubt, a police officer may exercise a special power specified in a special authorisation whether or not he or she has received a hardcopy of the special authorisation. (3) Subject to subsection (4), a special power specified in a special authorisation may also be exercised by — ( a ) any law enforcement officer acting on the direction and in aid of the police officer granted the special authorisation; or ( b ) an individual (who is not a serviceman) acting on the direction and in aid of the police officer granted the special authorisation (called in this Act a civilian assistant), and a reference in Part 4 or 5 to a police officer acting pursuant to a special authorisation includes such a law enforcement officer or a civilian assistant acting under the police officer’s direction. (4) This section — ( a ) only authorises a civilian assistant to exercise a special power specified in section 18, 19(1) or (2), 20(1) or (2), 24 or 27(1)( a ) or ( b ) in aid of a police officer exercising that special power; and ( b ) does not authorise a civilian assistant to use lethal force when exercising any special power in aid of a police officer. (5) An individual who is authorised under subsection (3)( a ) or ( b ) to exercise a special power in aid of a police officer must obey all lawful directions (general or specific) of that police officer when exercising that power; but the individual — ( a ) does not cease to be acting on the direction of a police officer by reason only that that police officer is not present at all times when the individual exercises the special power; and ( b ) is not to be regarded as a member of the police force for the purposes of section 14 of the Government Proceedings Act 1956.


document_id: posspa-2018
provision_ref: s16
chapter: PART 4 - SPECIAL POWERS
section: 16
title: Power to stop and question
content:
16. —(1) A police officer may, pursuant to a special authorisation, stop any individual in a target area of the special authorisation for so long as is necessary to question the individual to ascertain — ( a ) the individual’s identity and movements; or ( b ) what the individual knows about a recent serious incident or a threatened serious incident. (2) An individual commits an offence if he or she, without reasonable excuse — ( a ) fails to stop when required to do so under this section; ( b ) refuses to answer a question addressed to the individual under this section; or ( c ) fails to answer to the best of his or her knowledge or ability a question addressed to the individual under this section. (3) An individual who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: posspa-2018
provision_ref: s17
chapter: PART 4 - SPECIAL POWERS
section: 17
title: Power to obtain disclosure of identity
content:
17. —(1) A police officer may, pursuant to a special authorisation, request an individual whose identity is unknown to the police officer to disclose the individual’s identity and residential address if — ( a ) the police officer suspects on reasonable grounds that — (i) the individual is the target person of the special authorisation; or (ii) the individual is found in the company of the target person of the special authorisation; or ( b ) the individual is in, on or near a vehicle that the police officer suspects on reasonable grounds is the target vehicle of the special authorisation. (2) A police officer may detain an individual mentioned in subsection (1) for so long as is reasonably necessary for the purposes of this section. (3) A police officer may request an individual who is requested under this section to disclose his or her identity to provide proof of the individual’s identity. (4) An individual commits an offence if he or she, without reasonable excuse — ( a ) refuses or fails to comply with a request under this section; or ( b ) in response to the request, gives a name that is false in a material particular, or gives an address other than the individual’s full and correct residential address. (5) An individual who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: posspa-2018
provision_ref: s18
chapter: PART 4 - SPECIAL POWERS
section: 18
title: Power to impose cordon
content:
18. —(1) A police officer may, pursuant to a special authorisation, place a cordon around the target area of the special authorisation or any part of it, for the purpose of exercising a special power specified in the special authorisation. (2) The area around which a cordon is placed (called in this Act a cordoned area) must, so far as is reasonably practicable, be indicated by means of any form of physical barrier as appears to the police officer responsible for carrying out the arrangements for applying the cordon to be appropriate. (3) An individual who is in a cordoned area must immediately leave the area if ordered to do so by a police officer. (4) An individual who is on any premises which adjoin or are wholly or partly within a cordoned area must immediately leave the premises if ordered to do so by a police officer. (5) The driver, or the other individual or other person in charge of a vehicle or vessel which is in a cordoned area must immediately move the vehicle or vessel away from the area if ordered to do so by a police officer. (6) An individual, or the driver or other person in charge of a vehicle or vessel, outside a cordoned area must not enter the cordoned area, and must immediately move the vehicle or vessel away from the vicinity of the cordoned area, if ordered to do so by a police officer. (7) An order under this section may be given orally, and if an oral direction is given by a police officer 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 that is likely to be audible to all the members of the group or as many of them as reasonably practicable. (8) A police officer may use such force as is reasonably necessary, including the use of lethal weapons — ( a ) to prevent an individual, or a driver or other person in charge of a vehicle or vessel, from entering or attempting to enter a cordoned area contrary to an order given under this section; or ( b ) to remove an individual or a vehicle or vessel from or away from a cordoned area, as the case may be. (9) An individual, or a driver or other person in charge of a vehicle or vessel, commits an offence if he or she, without reasonable excuse, refuses or fails to comply with an order of a police officer under this section when required to do so. (10) An individual, or a driver or person, who is guilty of an offence under subsection (9) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: posspa-2018
provision_ref: s19
chapter: PART 4 - SPECIAL POWERS
section: 19
title: Power to close roads, etc.
content:
19. —(1) Subject to subsection (3), a police officer may, pursuant to a special authorisation, by order — ( a ) wholly or partly close any public road within, or leading to or from, the target area of the special authorisation; ( b ) prohibit or restrict the use of a waterway within, or leading to or from, the target area of the special authorisation; ( c ) divert or otherwise interfere with a public road or waterway mentioned in paragraph ( a ) or ( b ) (as the case may be) or the use of such a road or waterway; or ( d ) prohibit or restrict the exercise of a right of way within, or leading to or from, the target area of the special authorisation. (2) Subject to subsection (3), a police officer may, pursuant to a special authorisation, by order prohibit or restrict access by vehicles, vessels or pedestrians to the target area of the special authorisation. (3) The period that a public road, waterway or right of way may be closed, prohibited or restricted under this section must not exceed 24 hours unless the order under subsection (1) or (2) is confirmed by the Commissioner before the end of the initial or a prior 24 hours. (4) An order under this section may be given orally, and if an oral direction is given by a police officer 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 that is likely to be audible to all the members of the group or as many of them as reasonably practicable. (5) If an individual, or a driver or person in charge of a vehicle or vessel, fails to comply with an order given under this section by a police officer, the police officer may use such force as is reasonably necessary to ensure compliance with that order, including the use of lethal weapons. (6) An individual, or a driver or person in charge of a vehicle or vessel, commits an offence if the individual, driver or person, without reasonable excuse, refuses or fails to comply with an order of a police officer under this section when required to do so. (7) An individual, or a driver or person, who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: posspa-2018
provision_ref: s20
chapter: PART 4 - SPECIAL POWERS
section: 20
title: Power to control movement or conduct of individuals
content:
20. —(1) A police officer may, pursuant to a special authorisation, direct any individual or group of individuals within the target area of the special authorisation — ( a ) to go to a particular premises or place which is outside of any cordoned area within the target area; or ( b ) not to enter a particular premises or place which is outside of any cordoned area within the target area. (2) A police officer may, pursuant to a special authorisation, direct — ( a ) any individual or group of individuals within the target area of the special authorisation to conduct or not to conduct themselves in a particular way when in that area; or ( b ) any assembly or procession of individuals within the target area of the special authorisation to disperse. (3) A direction under this section may be given orally, and if an oral direction is given by a police officer 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 that is likely to be audible to all the members of the group or as many of them as reasonably practicable. (4) If an individual fails to comply with a direction given under subsection (2)( b ) by a police officer, the police officer may use such force as is reasonably necessary to ensure compliance with that order, including the use of lethal weapons. (5) An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with a direction of a police officer under this section when required to do so. (6) An individual who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: posspa-2018
provision_ref: s21
chapter: PART 4 - SPECIAL POWERS
section: 21
title: Power to impose curfew
content:
21. —(1) A police officer may, pursuant to a special authorisation, direct any individual or group of individuals within the target area of the special authorisation to stay at or in (during such times specified in the direction) a particular premises in that area. (2) However, the period any individual or group of individuals may be directed under subsection (1) to stay in or at any particular premises must not be longer than 24 hours continuously unless the direction is confirmed by the Commissioner before the end of the initial 24 hours. (3) A direction under this section may be given orally, and if an oral direction is given by a police officer 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 that is likely to be audible to all the members of the group or as many of them as reasonably practicable. (4) An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with a direction of a police officer under this section when required to do so. (5) An individual who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: posspa-2018
provision_ref: s22
chapter: PART 4 - SPECIAL POWERS
section: 22
title: Power to search individuals
content:
22. —(1) A police officer may, pursuant to a special authorisation, stop, detain, and search without a warrant, an individual and any personal property of the individual if — ( a ) the police officer suspects on reasonable grounds that — (i) the individual is the target person of the special authorisation; or (ii) the individual is found in the company of the target person of the special authorisation; or ( b ) the individual is in, on or near a vehicle that the police officer suspects on reasonable grounds is the target vehicle of the special authorisation. (2) In addition, a police officer may, pursuant to a special authorisation, stop, detain, and search without a warrant, an individual who is in the target area of the special authorisation (and any personal property of the individual) — ( a ) with a view to ascertaining whether the individual is carrying a dangerous article, an offensive weapon or a subversive document, or part of a dangerous article, an offensive weapon or a subversive document; ( b ) if necessary to substantially assist in — (i) preventing the occurrence of a serious incident to which the special authorisation applies; or (ii) controlling public disorder or restoring or maintaining public order in Singapore after the occurrence of a serious incident to which the special authorisation applies; or ( c ) if there is reasonable suspicion that the individual is committing or about to commit an offence under this Act. (3) Without limiting subsections (1) and (2), a police officer may, in conducting a search of any personal property of an individual mentioned in either subsection — ( a ) require the individual — (i) to produce or empty the contents of any bag, container or other receptacle; (ii) to turn out the individual’s pockets; or (iii) to remove one or more garments worn by the individual; ( b ) search through any bag, container or other receptacle or any garments removed in accordance with paragraph ( a )(iii); ( c ) search through and move the contents of any bag, container or other receptacle; or ( d ) search through and move the contents of the individual’s pockets turned out in accordance with paragraph ( a )(ii). (4) This section applies despite any licence or permit granted or issued, or any exemption made, under any other written law authorising the possession or use of such dangerous articles or offensive weapons.


document_id: posspa-2018
provision_ref: s23
chapter: PART 4 - SPECIAL POWERS
section: 23
title: Power to search vehicles
content:
23. —(1) A police officer may, pursuant to a special authorisation, stop, board and search without a warrant, a vehicle, and anything in or on a vehicle, if — ( a ) the police officer suspects on reasonable grounds that the vehicle is the target vehicle of the special authorisation; or ( b ) the police officer suspects on reasonable grounds that an individual in, on or near the vehicle is a target person of the special authorisation. (2) In addition, a police officer may, pursuant to a special authorisation, stop, board and search without a warrant, a vehicle in the target area of a special authorisation (and anything in or on the vehicle) — ( a ) with a view to ascertaining whether the vehicle is conveying a dangerous article or an offensive weapon or a subversive document, or part of a dangerous article or an offensive weapon or a subversive document; ( b ) if necessary to substantially assist in — (i) preventing the occurrence of a serious incident to which the special authorisation applies; or (ii) controlling public disorder or restoring or maintaining public order in Singapore after the occurrence of a serious incident to which the special authorisation applies; or ( c ) if there is reasonable suspicion that the vehicle is used or is about to be used to commit an offence under this Act. (3) Without limiting subsections (1) and (2), a police officer may, in conducting a search of a vehicle — ( a ) require the individual in charge of the vehicle — (i) to open the vehicle or any part of it for inspection by the police officer; or (ii) to remove any article, bag, container or other receptacle from the vehicle as specified by the police officer; ( b ) inspect any article removed in accordance with paragraph ( a )(ii); ( c ) search through any bag, container or other receptacle removed in accordance with paragraph ( a )(ii); or ( d ) search through and move the contents of any bag, container or other receptacle removed in accordance with paragraph ( a )(ii). (4) A police officer may detain a vehicle for so long as is reasonably necessary for the purposes of this section. (5) A police officer may direct the individual in charge of a vehicle searched under this section to remove the vehicle from, or keep the vehicle in, the target area of the special authorisation. (6) This section applies despite any licence or permit granted or issued, or any exemption made, under any other written law authorising the possession or use of such dangerous articles or offensive weapons. (7) This section applies, with the necessary modifications, to any vessel, and any aircraft on the ground, as the section applies to vehicles.


document_id: posspa-2018
provision_ref: s24
chapter: PART 4 - SPECIAL POWERS
section: 24
title: Power to remove vehicles, etc.
content:
24. —(1) A police officer may, pursuant to a special authorisation, move or cause to be moved a vehicle which is parked or left standing in the target area of the special authorisation if, in the police officer’s opinion, the vehicle is — ( a ) a danger to individuals, property or other vehicles in that target area; ( b ) causing or likely to cause traffic congestion in that target area; or ( c ) hindering the exercise of special powers under the special authorisation. (2) A police officer acting in accordance with this section may — ( a ) enter a vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and ( b ) move the vehicle, or cause it to be moved, to the nearest convenient place. (3) This section applies, with the necessary modifications, to any vessel, and any aircraft on the ground, as the section applies to vehicles.


document_id: posspa-2018
provision_ref: s25
chapter: PART 4 - SPECIAL POWERS
section: 25
title: Power to enter and search premises
content:
25. —(1) A police officer may, pursuant to a special authorisation, enter and search, without a warrant, any premises in the target area of the special authorisation — ( a ) if the police officer suspects on reasonable grounds that — (i) an individual who is a target person of the special authorisation may be on the premises; or (ii) a vehicle that is a target vehicle of the special authorisation may be on the premises; ( b ) with a view to ascertaining whether a dangerous article or an offensive weapon or a subversive document, or part of a dangerous article or an offensive weapon or a subversive document, is on the premises; ( c ) if necessary to — (i) prevent the occurrence of a serious incident to which the special authorisation applies; or (ii) control, restore or maintain public order in Singapore after the occurrence of a serious incident to which the special authorisation applies; or ( d ) if there is reasonable suspicion that the premises are used or are about to be used to commit an offence under this Act. (2) A police officer may direct an individual or group of individuals to leave, or not to leave, any premises entered and searched under this section. (3) An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with a direction of a police officer under this section when required to do so. (4) An individual who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: posspa-2018
provision_ref: s26
chapter: PART 4 - SPECIAL POWERS
section: 26
title: Power to seize and detain things
content:
26. —(1) A police officer may, in connection with a search under this Part pursuant to a special authorisation, seize and detain — ( a ) all or part of a thing that the police officer suspects on reasonable grounds to be, or to be part of, a dangerous article or an offensive weapon or a subversive document, whether or not it was used or may have been used in a serious incident to which the special authorisation applies; and ( b ) all or part of a thing (including a vehicle, vessel or aircraft) that the police officer suspects on reasonable grounds — (i) may be used, or was used or may have been used, in the serious incident or threatened serious incident to which the special authorisation applies; or (ii) may provide evidence of the commission of an offence (whether or not related to the serious incident or threatened serious incident to which the special authorisation applies). (2) A power conferred by this section includes a power to remove a thing from the place where it is found, and a power to guard the thing in or at the place where it is found. (3) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any thing coming into the possession of a police officer under this section.


document_id: posspa-2018
provision_ref: s27
chapter: PART 4 - SPECIAL POWERS
section: 27
title: Power to direct premises owners, etc.
content:
27. —(1) A police officer may, pursuant to a special authorisation, direct an owner or occupier of any premises within the target area of the special authorisation to do one or more of the following: ( a ) close the premises for such time as specified in the direction; ( b ) restrict the entry or egress (or both) of vehicles and individuals to or from the premises; ( c ) provide the police officer with information and documents relating to the premises. (2) A person directed by a police officer under this section commits an offence if the person, without reasonable excuse, refuses or fails to comply with the direction of the police officer when required to do so. (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (4) In this section, “premises” includes — ( a ) any premises used as a private dwelling or private residence; and ( b ) any premises used or occupied or managed and maintained by any public authority, including boarding premises solely for employees of a public authority. (5) This section applies, with the necessary modifications, to any vessel and aircraft on the ground as the section applies to vehicles.


document_id: posspa-2018
provision_ref: s28
chapter: PART 4 - SPECIAL POWERS
section: 28
title: Power to intercept unmanned aircraft, etc.
content:
28. —(1) A police officer may, pursuant to a special authorisation, exercise all or any of the powers in subsection (2) in relation to an unmanned aircraft, or in subsection (3) in relation to an autonomous vehicle or unmanned vessel, if, in the police officer’s opinion, the unmanned aircraft, autonomous vehicle or unmanned vessel (as the case may be) is — ( a ) a danger, or poses a serious and imminent risk, to the safety of individuals or property in a target area of a special authorisation; ( b ) being operated to make any picture or film of a target area of a special authorisation without the Commissioner’s permission; or ( c ) otherwise hindering the exercise of other special powers in relation to a target area under a special authorisation. (2) For the purposes of subsection (1), the powers that may be exercised in relation to an unmanned aircraft are as follows: ( a ) to direct any person whom the police officer reasonably believes to be involved in operating the unmanned aircraft — (i) to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or (ii) to fly the unmanned aircraft in the manner specified by the police officer; ( b ) without warrant and with such assistance and by such force as is necessary — (i) to assume control of the unmanned aircraft to fly the aircraft, or to end the flight of the aircraft, or land it, safely in the fastest practicable way; or (ii) to end the flight of the unmanned aircraft, or land it, in the fastest and safest practicable way; ( c ) without warrant, to seize the unmanned aircraft and any component of the unmanned aircraft system for that aircraft or other thing within the target area of a special authorisation that the police officer believes on reasonable grounds — (i) to be evidential material relevant to an offence under this Act; or (ii) needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Act. (3) For the purposes of subsection (1), the powers that may be exercised in relation to an autonomous vehicle or unmanned vessel are as follows: ( a ) to direct any person whom the police officer reasonably believes to be involved in operating the autonomous vehicle or unmanned vessel — (i) to stop the vehicle or vessel safely in the fastest practicable way; or (ii) to operate the vehicle or vessel in the manner specified by the police officer; ( b ) without warrant and with such assistance and by such force as is necessary — (i) to assume control of the autonomous vehicle or unmanned vessel to steer the vehicle or vessel, or to stop the vehicle or vessel, as the case may be, safely in the fastest practicable way; or (ii) to stop the autonomous vehicle or unmanned vessel in the fastest and safest practicable way; ( c ) without warrant, to seize the autonomous vehicle or unmanned vessel and any component of the autonomous system for that vehicle or vessel or other thing within the target area of a special authorisation that the police officer believes on reasonable grounds — (i) to be evidential material relevant to an offence under this Act; or (ii) needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Act. (4) Any person who, without reasonable excuse, contravenes any direction under subsection (2)( a ) or (3)( a ) 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 2 years or to both.


document_id: posspa-2018
provision_ref: s29
chapter: PART 5 - OTHER COUNTER‑MEASURES
section: 29
title: Power to control individuals temporarily
content:
29. —(1) Where the Commissioner is of the opinion — ( a ) that an individual has been recently concerned in acts (whether in or outside of a target area of a special authorisation) — (i) involving or likely to cause or provoke a breach of the peace in the target area of the special authorisation; (ii) likely to hinder the exercise of special powers under a special authorisation in the target area of the special authorisation; or (iii) in the preparation or instigation of acts mentioned in sub‑paragraph (i) or (ii); or ( b ) that, by reason of the individual’s associations with any persons concerned in any acts mentioned in paragraph ( a )(i), (ii) or (iii) or by reason of the individual’s words or conduct, the individual is likely to be concerned in such acts, and that it is necessary to exercise temporary control over such an individual when the special authorisation is in effect, the Commissioner may make a temporary restraining order against the individual. (2) A temporary restraining order against an individual and any variation of it — ( a ) must be in writing and given to the individual concerned; and ( b ) takes effect when the order or variation of it is given to that individual, except as otherwise provided in section 49. (3) A temporary restraining order against an individual which is made when a special authorisation is in effect — ( a ) may be revoked or varied at any time by the Commissioner in writing; and ( b ) lapses when the special authorisation expires, and the Commissioner must give notice, or cause the giving of notice, of the revocation, variation or lapse in the same manner in which the temporary restraining order was first given to the individual concerned. (4) A temporary restraining order against an individual which is made when a special authorisation is in effect may require the individual to do all or any of the following: ( a ) not to enter the target area of the special authorisation; ( b ) to immediately leave the target area of the special authorisation; ( c ) to stay at or in (during such times specified in the order) a particular premises in or outside of the target area and to leave the premises only with a police officer’s permission; ( d ) to notify a police officer at the place and in the manner specified in the order of the individual’s place of residence and any change to it; ( e ) to report to a police officer at the times and dates and in the manner specified in the order; ( f ) to enter into a bond for such amount with such sureties as may be specified for the individual’s good behaviour or for due compliance with the requirements of the order. (5) An individual commits an offence if he or she, without reasonable excuse, refuses or fails to comply with any requirement of a temporary restraining order. (6) An individual who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (7) To avoid doubt, it is not necessary for the Commissioner to give any person who may be affected by a temporary restraining order, or a variation of such an order, a chance to be heard before the order or variation is made. Division 2 &#x2014; Stopping communications


document_id: posspa-2018
provision_ref: s30
chapter: PART 5 - OTHER COUNTER‑MEASURES
section: 30
title: Communications stop orders
content:
30. —(1) Subject to subsection (2), the Commissioner may, after granting a special authorisation, make a communications stop order which bans one or both of the following during the period specified in the order: ( a ) the making by any person (except an excluded person) of a relevant film or picture; ( b ) the exhibiting and communicating by any person (except an excluded person) of a relevant film or picture or a relevant text or audio message. (2) The Commissioner may make a communications stop order only — ( a ) during the period a special authorisation (which is granted in relation to a serious incident or threatened serious incident) is in effect; and ( b ) if, in the Commissioner’s opinion, exhibiting or communicating (whether or not to the public) a relevant film or picture or a relevant text or audio message during the period the special authorisation is in effect — (i) prejudices the effective conduct of an ongoing law enforcement activity relating to the serious incident or threatened serious incident; or (ii) endangers the safety of the public or any law enforcement officer during an ongoing law enforcement activity relating to the serious incident or threatened serious incident. (3) A communications stop order must — ( a ) describe the ban on — (i) the making or exhibiting and communicating of a relevant film or picture by any person; or (ii) the exhibiting and communicating of a relevant text or audio message by any person; ( b ) state the period the ban under the order starts; and ( c ) the target area of the special authorisation to which the order relates. (4) The Commissioner must cause notice of every communications stop order made to be given to persons who, in the Commissioner’s opinion, ought to have notice of the order. (5) Without limiting subsection (4), notice of the making of a communications stop order to the public may be given in all or any of the following ways: ( a ) by causing it to be published in the daily newspapers circulating in Singapore in all the official languages; ( b ) by causing it to be broadcast over the radio and television and in the manner prescribed, if any; ( c ) by causing it to be published electronically; ( d ) by causing it to be published in such other manner as the Commissioner considers will secure adequate publicity for the granting of the order. (6) A communications stop order may be revoked at any time by the Commissioner; and the Commissioner must give notice, or cause the giving of notice, of the revocation in the same manner in which the communications stop order was first given. (7) Despite subsection (6), a communications stop order ceases to have effect when the special authorisation in relation to which the order was made ceases to have effect; and the Commissioner must give notice, or cause the giving of notice, of the cessation in the same manner in which the communications stop order was first given. (8) In subsection (1) and sections 31 and 44, “excluded person” means — ( a ) a police officer; ( b ) a law enforcement officer authorised by the Commissioner for the purpose of this section; or ( c ) any other person who is specified in a communications stop order to be an excluded person for the purpose of this section.


document_id: posspa-2018
provision_ref: s31
chapter: PART 5 - OTHER COUNTER‑MEASURES
section: 31
title: Power to stop communications, etc.
content:
31. —(1) Upon the giving of a notice under section 30(4) of a communications stop order made because of a special authorisation, a police officer may exercise all or any of the powers in subsection (2) in relation to any person or group of persons (none of whom are excluded persons), whether in or outside the target area of the special authorisation if, in the police officer’s opinion the person or group of persons — ( a ) is making, has made or is about to make a relevant film or picture; or ( b ) is exhibiting or communicating, or is about to exhibit or communicate a relevant film or picture or a relevant text or audio message. (2) A police officer may direct a person or group of persons mentioned in subsection (1) to do one or more of the following: ( a ) to immediately stop making, exhibiting or communicating the relevant film or picture or relevant text or audio message; ( b ) to immediately delete, erase or otherwise destroy the relevant film or picture or relevant text or audio message; ( c ) to immediately surrender the relevant film or picture or the relevant text or audio message, or any equipment or device on which it is recorded, to the police officer; ( d ) to provide the police officer with information about the person or persons to whom the relevant film or picture or the relevant text or audio message has been communicated or how or from whom the relevant film or picture or the relevant text or audio message was acquired or received. (3) A direction under this section may be given orally, and if an oral direction is given by a police officer 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 that is likely to be audible to all the members of the group or as many of them as reasonably practicable. (4) A person directed by a police officer under this section commits an offence if the person, without reasonable excuse, refuses or fails to comply with the direction of the police officer when required to do so. (5) A person who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. Division 3 &#x2014; Discontinuing telecommunication service


document_id: posspa-2018
provision_ref: s32
chapter: PART 5 - OTHER COUNTER‑MEASURES
section: 32
title: Directions to discontinue telecommunication services
content:
32. —(1) The Minister may, at any time upon or after making an activation order and when the activation order is in effect, give a direction in writing under this section, individually or as a class, to any telecommunication licensee within the meaning of the Telecommunications Act 1999 (called in this Part a telecommunication licensee). (2) A direction under this section may require the telecommunication licensee to whom the direction is given to take a specific action, or stop taking a specific action, during the period an activation order relating to a serious incident or threatened serious incident is in effect — ( a ) to prevent or avoid prejudicing the effective conduct of an ongoing law enforcement activity relating to the serious incident or threatened serious incident; or ( b ) to avoid or prevent endangering the safety of the public, or any law enforcement officer or serviceman during an ongoing law enforcement activity relating to the serious incident or threatened serious incident, by the provision of a telecommunication service about the serious incident or threatened serious incident. (3) Without limiting subsection (2), a direction under this section to a telecommunication licensee may include — ( a ) stopping messages carried by a telecommunication service provided by the telecommunication licensee; ( b ) prohibiting or restricting the provision, by the telecommunication licensee, of all or any telecommunication services and in such circumstances as specified in the direction; or ( c ) prohibiting or restricting the use of telecommunications by the telecommunication licensee in all cases or of such cases as may be considered necessary. (4) However, nothing in this section authorises the giving of any direction prohibiting the use of any telecommunications for the purpose of making or answering signals of distress. (5) In making a direction under this section, it is not necessary for the Minister to give any person who may be affected by the direction a chance to be heard before the direction is given.


document_id: posspa-2018
provision_ref: s33
chapter: PART 5 - OTHER COUNTER‑MEASURES
section: 33
title: General provisions about section 32 direction
content:
33. —(1) A direction under section 32 is binding on the telecommunication licensee it is given to. (2) A direction under section 32 which is made upon or after the making of an activation order takes effect when it is given, and continues in force until the earliest of the following occurs: ( a ) the expiry date (if any) stated in the direction is reached; ( b ) the Minister revokes the direction; ( c ) the activation order ceases to have effect. (3) A direction under section 32 which is made upon or after the making of an activation order may — ( a ) be amended or revoked at any time; and ( b ) be extended or renewed, if the Minister is satisfied that the circumstances warrant it, but not beyond the time the activation order ceases to have effect. (4) If satisfied that a direction under section 32 has been complied with, the Minister must revoke the direction and give written notice of the revocation in the same manner in which the direction was given or served. (5) Subsection (4) does not prevent a further direction being made under section 32 in the same terms as a direction that has expired. (6) A direction under section 32 is sufficiently served as follows: ( a ) for a direction that is addressed to a telecommunication licensee — if it is given in the manner prescribed in section 52; ( b ) for a direction that is addressed to a class of telecommunication licensees — if it is served on each of the licensees in the class in accordance with paragraph ( a ). (7) A direction under section 32 that is served — ( a ) in accordance with subsection (6)( a ) takes effect when it is served; or ( b ) in accordance with subsection (6)( b ) takes effect when it is served on all the persons in the class in question.


document_id: posspa-2018
provision_ref: s34
chapter: PART 5 - OTHER COUNTER‑MEASURES
section: 34
title: Obligations of addressee, etc., of section 32 direction
content:
34. —(1) A telecommunication licensee to whom the direction under section 32 is given must give effect to the direction despite any other duty imposed on the licensee by or under any other written law. (2) Any telecommunication licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (3) A telecommunication licensee to whom the direction under section 32 is given, and an employee or a contractor of such a telecommunication licensee, must not, without reasonable excuse, disclose the receipt by the telecommunication licensee of the direction or the contents of any such direction if the Minister notifies the telecommunication licensee that the Minister is of the opinion that the disclosure of the direction is against the public interest. (4) Any telecommunication licensee, or any employee or contractor of a telecommunication licensee, who contravenes subsection (3) 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 2 years or to both. (5) Where a telecommunication licensee is given a direction under section 32, a person must not — ( a ) without reasonable excuse, refuse the telecommunication licensee, or an employee or a contractor of such a telecommunication licensee, entry to any premises in the execution of the duty imposed on subsection (1) on that licensee; or ( b ) intentionally in any way obstruct or hinder the telecommunication licensee, or an employee or a contractor of such a telecommunication licensee, in the execution of the duty imposed on subsection (1) on that licensee. (6) A person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. Division 4 &#x2014; Requisition powers


document_id: posspa-2018
provision_ref: s35
chapter: PART 5 - OTHER COUNTER‑MEASURES
section: 35
title: Powers of requisition
content:
35. —(1) Subject to subsections (2) and (8), the Commissioner may, at any time after granting a special authorisation and during the period the special authorisation has effect, by requisition order — ( a ) authorise any police officer given the requisition order to do one or both of the following: (i) to take possession of any land or premises in the target area of the special authorisation; (ii) to requisition any movable property in the target area of the special authorisation; and ( b ) give such directions to the police officer as appear to the Commissioner to be necessary or expedient for the taking and maintaining possession of the land or premises or the requisitioning of the movable property (as the case may be) for the purpose of the exercise by the police officer of any special power. (2) The Commissioner may make a requisition order only — ( a ) during the period a special authorisation (which is granted in relation to a serious incident or threatened serious incident) is in effect; and ( b ) if, in the Commissioner’s opinion, a requisition order is necessary to substantially assist in — (i) the exercise of any special power in the target area of the special authorisation; (ii) preventing the occurrence of the serious incident; (iii) reducing the impact of the serious incident, or the threatened serious incident, on the health or safety of the public or on property in the target area; or (iv) controlling public disorder or restoring or maintaining public order in the target area. (3) A requisition order — ( a ) may be revoked at any time by the Commissioner; and ( b ) ceases to have effect when the special authorisation which the order was made in relation to ceases to have effect. (4) A police officer may, pursuant to a requisition order, take such steps and use such force as appears to the police officer to be reasonably necessary for securing compliance with the order and any direction given under subsection (1). (5) Without limiting subsection (4), a police officer may, pursuant to a requisition order, do all or any of the following: ( a ) break open, enter forcibly and remain on any land or premises the taking of possession of which has been authorised under the requisition order; ( b ) evict forcibly from that land or premises mentioned in paragraph ( a ) any individual that the Commissioner specifies in the requisition order; ( c ) use any equipment, electricity, water or other utilities on the land or premises, for the purpose of the exercise by the police officer of any other special power; ( d ) require any movable property requisitioned, or any space or accommodation in any land or premises mentioned in paragraph ( a ), to be placed at the officer’s disposal; ( e ) prohibit the disposal by a person given the requisition order of any movable property requisitioned under the requisition order. (6) A person commits an offence if the person — ( a ) intentionally in any way obstructs or hinders a police officer in the exercise of any power or execution of the duty under subsection (4) or (5)( a ), ( b ) or ( c ); or ( b ) without reasonable excuse, refuses or fails to comply with a requirement or prohibition under subsection (5)( d ) or ( e ). (7) A person who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (8) However, this section does not authorise the making of a requisition order in respect of any of the following without the prior approval of the Minister: ( a ) any vessel of more than 100 tons gross tonnage; ( b ) any aircraft which is not an unmanned aircraft; ( c ) any rolling stock of a railway administration within the meaning of the Railways Act 1905.


document_id: posspa-2018
provision_ref: s36
chapter: PART 5 - OTHER COUNTER‑MEASURES
section: 36
title: Compensation for requisition
content:
36. —(1) Where, in the exercise of the powers conferred by section 35, possession is taken of any land or premises or any movable property is requisitioned, compensation in respect of the taking of such possession or requisition is payable in accordance with the Requisition of Resources Act 1985 as if the competent authority under that Act took possession of or requisitioned that land, premises or movable property, as the case may be. (2) No action, claim or proceedings shall lie or be brought against the Government or a police officer — ( a ) to restrain the doing of anything which is authorised by or under section 35 or to compel the doing of anything which may be omitted to be done under section 35; or ( b ) to recover damages, compensation or costs for any damage or injury to a person or property, any disturbance to or loss of or in the value of any property, trade or business, or personal disturbance or inconvenience, caused by or consequent upon any act authorised by section 35, except according to the compensation provided for by this section.


document_id: posspa-2018
provision_ref: s37
chapter: PART 6 - OFFENCES
section: 37
title: Provoking breach of peace
content:
37. —(1) A person commits an offence if the person, within the area which is the target of a special authorisation — ( a ) uses any threatening, abusive or insulting words; or ( b ) engages in any conduct or behaviour, with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 3 years.


document_id: posspa-2018
provision_ref: s38
chapter: PART 6 - OFFENCES
section: 38
title: Publishing matter prejudicial to public order
content:
38. —(1) A person commits an offence if the person, during the period a special authorisation has effect, prints, publishes, sells, offers for sale, distributes or reproduces for distribution or imports, or have in the person’s possession, any document containing any matter which — ( a ) is likely to be prejudicial to controlling public disorder or restoring or maintaining public order in a target area of a special authorisation or in any other part of Singapore; ( b ) advocates or is likely to lead to disobedience to any written law or to any lawful order made under such written law or to the obstruction of public officers in the execution of their duty to restore or maintain public order; ( c ) incites or is likely to cause unlawful violence or to promote feelings of ill will or hostility between different races or classes of the population of Singapore; or ( d ) is likely to bring into hatred or contempt or to excite disaffection against any public servant in the execution of the public servant’s duty or against any class of public servants, or against any armed force lawfully in Singapore or any member of such force in the execution of the member’s duty. (2) In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the document contained any matter described in subsection (1)( a ), ( b ), ( c ) or ( d ). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 3 years. (4) In this section, “document” includes any thing in which information of any description is recorded, whether in electronic or other form.


document_id: posspa-2018
provision_ref: s39
chapter: PART 6 - OFFENCES
section: 39
title: Using offensive weapons, etc.
content:
39. —(1) A person commits an offence if the person, within a target area of a special authorisation — ( a ) uses any offensive weapon for or in furtherance of an unlawful purpose; ( b ) causes by any explosive substance an explosion of a nature likely to endanger life or cause serious injury to the person or any other person or damage to property, for or in furtherance of an unlawful purpose; or ( c ) uses any corrosive or inflammable substance in a manner likely to endanger life or cause serious injury to the person or any other person or damage to property, for or in furtherance of an unlawful purpose. (2) In proceedings for an offence under subsection (1), it is irrelevant whether any injury or damage to property is actually caused or not. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 10 years and shall also be liable to caning.


document_id: posspa-2018
provision_ref: s40
chapter: PART 6 - OFFENCES
section: 40
title: Consorting with section 39 offender
content:
40. —(1) A person commits an offence if the person — ( a ) is within the target area of a special authorisation; ( b ) is consorting with or is found in the company of another person who — (i) is committing or attempting to commit or is doing any act preparatory to the commission of an offence under section 39; or (ii) has recently committed or attempted to commit that offence or done that act; and ( c ) is found in circumstances which raise a reasonable presumption that the person intends or is about to act, or has recently acted with the other person in paragraph ( b ), in any manner prejudicial to controlling public disorder or restoring or maintaining of public order in the target area of a special authorisation. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 7 years and shall also be liable to caning.


document_id: posspa-2018
provision_ref: s41
chapter: PART 6 - OFFENCES
section: 41
title: Carrying, etc., offensive weapon in target area
content:
41. —(1) A person commits an offence if the person — ( a ) is carrying or has in the person’s possession or under the person’s control any offensive weapon, other than for a lawful purpose; and ( b ) is within the target area of a special authorisation. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to caning. (3) A person commits an offence if the person — ( a ) is carrying or has in the person’s possession or under the person’s control any offensive weapon; and ( b ) is found within the target area of a special authorisation in circumstances which raise a reasonable presumption that the offensive weapon is intended to be used for a purpose prejudicial to controlling public disorder or restoring or maintaining of public order. (4) A person who is guilty of an offence under subsection (3) shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to caning. (5) In proceedings for an offence under subsection (3), it is a defence if the accused proves on a balance of probabilities that the accused possessed the offensive weapon solely for a lawful purpose. (6) Where any offensive weapon is found in or on any premises, the occupier of the premises is taken to be in possession of the offensive weapon unless the occupier proves — ( a ) that some other person was in possession of the offensive weapon; or ( b ) that the occupier — (i) had no knowledge or reasonable means of knowledge that the offensive weapon was in or on the premises; and (ii) had taken all reasonable precautions against the offensive weapon being kept in or on the premises. (7) In any prosecution for an offence under subsection (3), it shall be presumed, until the contrary is proved, that any offensive weapon was intended to be used for a purpose prejudicial to controlling public disorder or restoring or maintaining public order if — ( a ) the quantity of offensive weapons found exceeded the quantity reasonably required to be kept by the accused for ordinary use in the accused’s household or establishment and (in the case of a person carrying on business) exceeded the quantity reasonably required to be kept in the ordinary course of such business; ( b ) the offensive weapons were kept concealed or in a place other than that in which they might reasonably be expected to be kept for domestic or, in the case of a person carrying on business, for business purposes; or ( c ) the offensive weapons were kept in containers other than containers of a kind in which such weapons are ordinarily kept for domestic or, in the case of a person carrying on business, for business purposes.


document_id: posspa-2018
provision_ref: s42
chapter: PART 6 - OFFENCES
section: 42
title: Enhanced penalty for certain offences committed in target area
content:
42. —(1) A person who — ( a ) when within the target area of a special authorisation, commits or attempts to commit; or ( b ) when in any place in Singapore, abets the commission, within the target area of a special authorisation, of, any relevant offence shall be liable on conviction to such fine as is provided for that offence, attempt or abetment (as the case may be) or to imprisonment for a term which may extend to twice the longest term provided for that offence or to both. (2) In this section, “relevant offence” means an offence under sections 143, 144, 145, 147, 148, 151, 152, 153, 157, 158, 267B, 379, 380, 381 and 382 of the Penal Code 1871.


document_id: posspa-2018
provision_ref: s43
chapter: PART 6 - OFFENCES
section: 43
title: Unauthorised photography, etc., of target area
content:
43. —(1) If a picture or film of an area that is or part of the target area of a special authorisation is made — ( a ) when the special authorisation is in effect; ( b ) using any equipment on board — (i) an unmanned aircraft while the unmanned aircraft is in flight or otherwise in operation; or (ii) an autonomous vehicle or unmanned vessel when it is in motion or otherwise in operation; and ( c ) without the Commissioner’s permission, the operator of the unmanned aircraft, autonomous vehicle or unmanned vessel (as the case may be) and the individual making the picture or film if the individual is not the operator, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (2) In proceedings for an offence under subsection (1) — ( a ) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that — (i) the premises concerned is the target area of a special authorisation; or (ii) the unmanned aircraft, autonomous vehicle or unmanned vessel (as the case may be) had on board equipment for making pictures or films when flying, moving or otherwise in operation; but ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the picture or film was not taken intentionally but was taken because of weather conditions or other unavoidable cause. (3) In this section — “operator”, for an unmanned aircraft, autonomous vehicle or unmanned vessel, means a person who is engaged in the operation of the unmanned aircraft, autonomous vehicle or unmanned vessel, and where the unmanned aircraft is a remotely piloted aircraft, includes — ( a ) the person who causes the remotely piloted aircraft to fly; and ( b ) the remote pilot of the aircraft with duties essential to the operation of the remotely piloted aircraft, such as manipulating the flight controls as appropriate during flight time, if the remote pilot is not the operator; “remotely piloted aircraft” has the meaning given by section 2(1) of the Air Navigation Act 1966.


document_id: posspa-2018
provision_ref: s44
chapter: PART 6 - OFFENCES
section: 44
title: Breach of communications stop order
content:
44. —(1) A person commits an offence if — ( a ) the person (if not an excluded person) makes a relevant film or picture; or ( b ) the person (if not an excluded person) exhibits or communicates a relevant film or picture or a relevant text or audio message, when a communications stop order (which is made because of a special authorisation) is in force. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (3) In proceedings for an offence under subsection (1) — ( a ) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the film, picture, text or audio message is a relevant film or picture or a relevant text or audio message; but ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the relevant film or picture was made, communicated or exhibited, or the relevant text or audio message was communicated or exhibited, by the accused with the Commissioner’s prior approval.


document_id: posspa-2018
provision_ref: s45
chapter: PART 6 - OFFENCES
section: 45
title: Offences by corporations
content:
45. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) 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 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “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: posspa-2018
provision_ref: s46
chapter: PART 6 - OFFENCES
section: 46
title: Offences by unincorporated associations or partnerships
content:
46. —(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 who is 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 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “reasonable steps” has the meaning given by section 45(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: posspa-2018
provision_ref: s47
chapter: PART 6 - OFFENCES
section: 47
title: Jurisdiction of courts
content:
47. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: posspa-2018
provision_ref: s48
chapter: PART 7 - MISCELLANEOUS
section: 48
title: Arrest and bail
content:
48. —(1) Every offence as follows is arrestable for the purposes of the Criminal Procedure Code 2010: ( a ) an offence under this Act; ( b ) an offence under section 143, 144, 145, 147, 148, 151, 152, 153, 157, 158, 267B, 379, 380, 381 or 382 of the Penal Code 1871 which is committed in the target area of a special authorisation. (2) A police officer may use such force as is reasonably necessary to arrest any individual whom the officer reasonably suspects is committing or has committed — ( a ) an offence under this Act; or ( b ) in the target area of a special authorisation, an offence under section 143, 144, 145, 147, 148, 151, 152, 153, 157, 158, 267B, 379, 380, 381, 382, 427, 435 or 436 of the Penal Code 1871, including the use of lethal weapons to effect the arrest and to prevent escape from the arrest. [15/2019] (3) A police officer making an arrest without warrant under this section must, without unnecessary delay, take or send the individual arrested before a Magistrate’s Court. (4) A police officer must not detain in custody an individual arrested under this section without warrant for longer than is reasonable in the circumstances, and such period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. (5) A police officer making any arrest under this Act may take from the individual arrested any offensive weapon, or dangerous article, or a thing which the police officer has reasonable grounds for suspecting to be a dangerous article or an offensive weapon or part of a dangerous article or an offensive weapon, that is found on the individual. (6) Every — ( a ) offence under this Act; and ( b ) offence mentioned in subsection (2)( b ) which is committed in the target area of a special authorisation, is non‑bailable for the purposes of the Criminal Procedure Code 2010. (7) In this section, a reference to an offence under this Act includes a reference to an abetment of, or a conspiracy or an attempt to commit, the offence. (8) Parliament may, from time to time, by resolution add to, delete or replace any offence specified in subsection (2)( b ).


document_id: posspa-2018
provision_ref: s49
chapter: PART 7 - MISCELLANEOUS
section: 49
title: Appeal to Minister against temporary restraining order
content:
49. —(1) Any individual against whom a temporary restraining order, or a variation of such an order, is made under section 29 may, if aggrieved by that decision, appeal to the Minister against the making of the temporary restraining order or the variation, as the case may be. (2) Every appeal under this section must be made within the time and in the manner prescribed. (3) A temporary restraining order made under section 29 against an individual, or a variation under that section of such an order, takes effect despite any appeal against the order, and remains in effect until the order is modified or reversed on appeal. (4) The Minister may determine an appeal against a temporary restraining order or a variation of a temporary restraining order — ( a ) by confirming the order or variation (as the case may be) in whole or modifying it in part; or ( b ) by reversing the order or variation (as the case may be) in question. (5) The Minister’s decision on an appeal under this section is final.


document_id: posspa-2018
provision_ref: s50
chapter: PART 7 - MISCELLANEOUS
section: 50
title: Interface with other laws
content:
50. —(1) The powers under this Act are in addition to, and not in derogation of, any power otherwise conferred. (2) To avoid doubt, nothing in this Act — ( a ) affects a police officer’s powers or duties under any provision of the Criminal Procedure Code 2010 or other written law; ( b ) affects a serviceman’s powers or duties under Part 12 or 12A of the Singapore Armed Forces Act 1972; or ( c ) derogates from any requirement imposed by or under — (i) the Broadcasting Act 1994; (ii) the Civil Defence Act 1986; (iii) the Infrastructure Protection Act 2017; (iv) the Public Order Act 2009; (v) the Road Vehicles (Special Powers) Act 1960; (vi) the Telecommunications Act 1999; or (vii) section 25 of the Town Councils Act 1988.


document_id: posspa-2018
provision_ref: s51
chapter: PART 7 - MISCELLANEOUS
section: 51
title: Protection from personal liability
content:
51. —(1) No liability shall lie personally 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 a police officer. (2) To avoid doubt, this section does not affect section 25 of the Police Force Act 2004.


document_id: posspa-2018
provision_ref: s52
chapter: PART 7 - MISCELLANEOUS
section: 52
title: Service of documents
content:
52. —(1) Without limiting sections 13(2) and 30(4), a document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other 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; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) may be served — ( a ) by giving it to the body corporate’s secretary or other like officer, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s last email address. (5) Service of a document under subsection (1) takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; 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) This section does not apply to documents to be served in proceedings in court. (7) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice or order permitted or required by this Act to be served; “last email address” means — ( a ) the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: posspa-2018
provision_ref: s53
chapter: PART 7 - MISCELLANEOUS
section: 53
title: Regulations
content:
53. —(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act, including saving and transitional provisions as the Minister considers necessary or expedient. (2) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ppa-1974
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995; “bicycle”, “power-assisted bicycle” and “personal mobility device” have the meanings given by the Active Mobility Act 2017; “design of parking facilities”, for any parking place, means the design of the physical features, plant or like equipment necessary for the parking or manoeuvring of vehicles in the parking place or both, and includes circulation aisles and access ramps; “driver” includes the person for the time being in charge or in control of a vehicle, and “drive” is to be construed accordingly; “enforcement officer”, in relation to any provision in this Act, means an officer or employee of the Authority who is appointed under section 3(4) as an enforcement officer for the purposes of that provision; “heavy vehicle” means — ( a ) any heavy goods vehicle or concrete mixer, the maximum laden weight of which exceeds 5,000 kilograms; ( b ) any bus with a seating capacity of more than 15 persons, not inclusive of the driver; ( c ) any trailer, container trailer, low loader or flat‑bed trailer, the maximum laden weight of which exceeds 5,000 kilograms; and ( d ) any mobile crane or recovery vehicle, the unladen weight of which exceeds 2,500 kilograms; “licence” means a licence to maintain or operate any private parking place for the parking or housing of one or more heavy vehicles granted under this Act; “licensee” means the holder of a valid licence; “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; “officer” means a public officer or an employee of a statutory body; “outsourced enforcement officer”, in relation to any provision of this Act or any subsidiary legislation made under this Act, means an individual who — ( a ) is appointed under section 11 of the Land Transport Authority of Singapore Act 1995; ( b ) is authorised by or under that Act to exercise any powers under any provision of this Act or subsidiary legislation made under this Act, as the case may be; and ( c ) is acting within that authorisation; “park”, with its grammatical variations, means, in respect of a vehicle, to bring the vehicle to a stationary position and cause it to wait for any purpose; “parking lot” means an area within a parking place which is marked out for parking of a single vehicle in that area; “parking place” means any part of a road or any other place on or in which the parking of vehicles is authorised under section 4; “private footway” has the meaning given by the Street Works Act 1995; “private parking place” means any land or premises or part thereof owned or occupied by any person other than the Government and used for the parking or housing of — ( a ) one or more motor vehicles other than heavy vehicles; ( b ) one or more heavy vehicles, whether or not in addition to any motor vehicle which is not a heavy vehicle; or ( c ) one or more bicycles, power-assisted bicycles or personal mobility devices or a combination of such vehicles, but does not include any parking place provided under section 4; “public street” has the meaning given by the Street Works Act 1995; “statutory body” means a body corporate established or constituted by or under a public Act to perform or discharge a public function; “Superintendent” means the Superintendent of Car Parks or a Deputy or an Assistant Superintendent of Car Parks appointed under section 3; “traffic sign” has the meaning given by section 119 of the Road Traffic Act 1961; “trailer” means a vehicle drawn by a motor vehicle; “vehicle” means any vehicle whether mechanically propelled or otherwise, and includes a bicycle, a power-assisted bicycle or a personal mobility device. [3/2017; 24/2018; 38/2018; 8/2020]


document_id: ppa-1974
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Administration of this Act
content:
3. —(1) The Authority is responsible for the general administration of this Act. (2) The Authority must appoint one of its officers as the Superintendent of Car Parks who must carry out the duties assigned to the Superintendent of Car Parks by the Authority under this Act and any rules made under this Act. (3) The Authority may appoint public officers and officers employed by other statutory bodies as Deputy Superintendents and Assistant Superintendents of Car Parks for the purposes of this Act. (4) The Authority may — ( a ) in relation to any provision in this Act, appoint any of its officers or employees to be an enforcement officer for the purposes of that provision, either generally or in a particular case; and ( b ) delegate to any enforcement officer the exercise of all or any of the powers conferred or duties imposed upon the Authority by any provision in this Act (except the power of delegation conferred by this subsection), subject to such conditions or limitations as the Authority may specify; and any reference in that provision to the Authority includes a reference to such an enforcement officer. [24/2018; 8/2020]


document_id: ppa-1974
provision_ref: s4
chapter: PART 2 - PARKING PLACES
section: 4
title: Authority may provide parking places
content:
4. —(1) Where it appears to the Authority to be necessary to provide suitable parking places for vehicles, the Authority may provide such parking places in accordance with the provisions of this Act and such general or specific directions as the Minister may give, and for that purpose may — ( a ) utilise any land or premises which may lawfully be acquired or appropriated; ( b ) utilise any land or premises owned or occupied by any statutory body upon such terms and conditions as may be agreed upon between the Minister and the statutory body; or ( c ) permit any part of a road to be used as a parking place. (2) The Authority must not permit any part of a road to be used as a parking place under subsection (1)( c ) if — ( a ) the parking place is for the parking of personal mobility devices; or ( b ) the use of such part of the road as a parking place will unreasonably prevent access to any premises adjoining the road or to the use of the road by any person entitled to the use of the road, or will cause a nuisance to any person. [3/2017] (3) The certificate of the Superintendent stating to the effect that any parking place named or described in the certificate is a parking place within the meaning of this Act is prima facie evidence for the purpose of any prosecution under this Act.


document_id: ppa-1974
provision_ref: s5
chapter: PART 2 - PARKING PLACES
section: 5
title: Use of property as private parking place
content:
5. —(1) A person must not maintain or operate any private parking place for the parking or housing of one or more heavy vehicles unless the person is a holder of a valid licence. (2) The Authority may, by order in the Gazette — ( a ) permit the use as a private parking place of any land or premises with respect to which an agreement has been made between the Superintendent and the owner or the occupier thereof for the use of the land or premises as a private parking place; and ( b ) prescribe the manner in which a licensee must maintain or operate a licensed private parking place. (3) The Superintendent or any person authorised by the Superintendent may manage and superintend any private parking place referred to in subsection (2)( a ).


document_id: ppa-1974
provision_ref: s5A
chapter: PART 2 - PARKING PLACES
section: 5A
title: Power to require maintenance, etc., of parking place
content:
5A. —(1) Where, in the opinion of the Superintendent, any private parking place for the parking of bicycles, power-assisted bicycles or personal mobility devices on any land or premises — ( a ) has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition; ( b ) has been discontinued without the permission of the Superintendent; or ( c ) has been altered (whether by repair or otherwise) so as to render the parking place to be non‑compliant with any rules made under section 22, the Superintendent may, by notice, require the owner or the occupier of the land or premises to carry out such repairs, work or alteration to the parking place, or to reinstate the parking place (as the case may be) as the Superintendent thinks fit to be carried out. [3/2017; 8/2020] (2) A notice under subsection (1) must specify — ( a ) the manner in which the repairs, work, alteration or reinstatement specified in the notice is to be carried out; ( b ) the time within which the repairs, work, alteration or reinstatement must be completed; and ( c ) that the repairs, work, alteration or reinstatement must be carried out with due diligence to the satisfaction of the Superintendent. [3/2017] (3) If a notice under subsection (1) is not complied with to his or her satisfaction, the Superintendent may — ( a ) carry out or cause to be carried out all or any of the repairs, work, alteration or reinstatement specified in that notice; and ( b ) recover all expenses reasonably incurred by the Superintendent in the exercise of the Superintendent’s powers under this section from the person in default. [3/2017] (4) Without affecting the right of the Superintendent to exercise the powers under subsection (3), if any person on whom a notice under subsection (1) is served, without reasonable excuse, fails to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. [3/2017]


document_id: ppa-1974
provision_ref: s6
chapter: PART 2 - PARKING PLACES
section: 6
title: Adaptation of land for use as parking place
content:
6. The Authority may take such steps as may be necessary to adapt for use as a parking place any land not being part of a road which it may utilise for that purpose under this Act.


document_id: ppa-1974
provision_ref: s6A
chapter: PART 2 - PARKING PLACES
section: 6A
title: Layout, etc., of parking lots in private parking places
content:
6A. —(1) The owner or occupier of — ( a ) any land or premises on which any private parking place is, on or after 8 May 2018, provided; or ( b ) any land or premises on which any development (within the meaning of the Planning Act 1998) is or is to be carried out and in respect of which — (i) written permission is granted on or after 8 May 2018; or (ii) an application for approval of a proposal or plan for the provision of parking lots is pending on that date, must provide and maintain the private parking place provided or to be provided on the land or premises only in accordance with the applicable requirements for parking places. [24/2018] (2) In subsection (1), “applicable requirement for parking places”, for any land or premises mentioned in that subsection, means any of the requirements as to layout, arrangement, dimensions, area and number of parking lots, or to the design of parking facilities for a private parking place on the land or premises, which — ( a ) are specified in the proposal or plan for the provision of parking lots in the private parking place last approved (or deemed approved) by the Authority; or ( b ) are specified in the last waiver granted (or deemed granted) under section 6B in relation to the private parking place. [24/2018] (3) The Authority may, in respect of a proposal or plan for the provision of parking lots in a private parking place, approve the proposal or plan in accordance with rules made (or deemed made) under section 22 or, subject to those rules, after having regard to, and giving such weight as the Authority considers appropriate to, all of the following matters: ( a ) the proximity and accessibility of the land or premises to other forms of public passenger transport facilities; ( b ) the availability of other parking places in the vicinity of the land or premises; ( c ) traffic flow around the land or premises and the road capacity; ( d ) access to roads, public streets, private footways and public paths; ( e ) such other matters and evidence as may be relevant. [24/2018] (4) The Authority may, by an infringement notice, require the owner or occupier of the land or premises mentioned in subsection (1) to carry out such works to the land or premises or any part of it, and to take such other measures specified in the notice, as the Authority thinks fit to rectify any contravention of that subsection. [24/2018] (5) A person who contravenes or fails to comply with an infringement notice under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine of $500 for every day or part of a day during which the offence continues after conviction. [24/2018] (6) In this section, a reference to a proposal or plan for the provision of parking lots in a private parking place includes a reference to a proposal or plan to change — ( a ) the number of parking lots in the private parking place; ( b ) the layout, arrangement, dimensions or area of any parking lot in the private parking place; or ( c ) the design of parking facilities in that private parking place, and change includes the making of a material change in the use as a parking lot. [24/2018]


document_id: ppa-1974
provision_ref: s6B
chapter: PART 2 - PARKING PLACES
section: 6B
title: Deficiency charge
content:
6B. —(1) The owner or occupier of any land or premises which is the subject of a development mentioned in section 6A(1)( b ) may provide parking lots in a private parking place or proposed private parking place on the land or premises otherwise than in accordance with the requirements in rules made (or deemed made) under section 22 if — ( a ) the Authority waives the requirement in those rules because, in the opinion of the Authority, it would be unduly onerous or unreasonable for the owner or occupier to comply with that requirement; and ( b ) where the waiver affects the applicable number of parking lots, the owner or occupier pays to the Authority a deficiency charge. [24/2018] (2) In determining whether to grant a waiver in relation to any private parking place or proposed private parking place on any land or premises, the Authority must have regard to, and give such weight as the Authority considers appropriate to, all of the following matters: ( a ) the proximity and accessibility of the land or premises to other forms of public passenger transport facilities; ( b ) the availability of other parking places in the vicinity of the land or premises; ( c ) traffic flow around the land or premises and the road capacity; ( d ) access to roads, public streets, private footways and public paths; ( e ) the physical topography and location of the land or premises; ( f ) other regulatory requirements which the owner of the land or premises must also comply with in relation to the private parking place; ( g ) the safety of pedestrians, drivers, riders and other road and public path users; ( h ) such other matters and evidence as may be relevant. [24/2018] (3) The deficiency charge is an amount calculated in the manner prescribed, and must be paid into the Consolidated Fund. [24/2018] (4) Despite anything in this section, no deficiency charge is payable in respect of a private parking place or class of private parking places which, or any person who, is exempt from section 6A because of an exemption under section 21. [24/2018] (5) In subsection (1), “applicable number of parking lots”, for any land or premises which is the subject of a development mentioned in section 6A(1)( b ), means the requirement relating to the number of parking lots which is prescribed in rules made (or deemed made) under section 22. [24/2018]


document_id: ppa-1974
provision_ref: s7
chapter: PART 2 - PARKING PLACES
section: 7
title: Authority not liable for loss or damage
content:
7. The exercise by the Authority or the Superintendent of their respective powers under this Act with respect to the use as a parking place or otherwise of any part of a road or any other place does not render the Government, the Authority or the Superintendent subject to any liability in respect of — ( a ) any loss or damage to any vehicle or the fittings or contents of any vehicle parked in such parking place or otherwise; or ( b ) any injury or death suffered by any person in such parking place or otherwise.


document_id: ppa-1974
provision_ref: s9
chapter: PART 4 - PARKING CHARGES
section: 9
title: Parking charges for parking place provided under section 4
content:
9. —(1) The Superintendent may at any time — ( a ) fix the parking charge for parking of a vehicle in any parking place provided under section 4; ( b ) change any parking charge fixed under paragraph ( a ) in accordance with this section; ( c ) waive in any particular case the payment of the whole or part of any parking charge; and ( d ) refund the whole or part of any parking charge paid in error or overpaid. [24/2018] (2) The Superintendent may fix different parking charges — ( a ) for different parking places; ( b ) for different types of vehicles; ( c ) for parking at different times; and ( d ) for different payment methods. [24/2018] (3) Where a parking charge is fixed or changed by the Superintendent under subsection (1), the Superintendent must — ( a ) give public notice of the fixing or change (as the case may be) of the parking charge; ( b ) specify in the public notice mentioned in paragraph ( a ) the parking charge or changed parking charge (as the case may be) and the parking place, vehicle or time (as the case may be) to which it applies, and the date which the parking charge or the changed parking charge takes effect; and ( c ) except for season parking charges, ensure that, so long as the parking charge or changed parking charge is in effect, the parking charge or changed parking charge (as the case may be), and the following information (where applicable), are displayed on one or more traffic signs erected at every entrance to the parking place, or in a conspicuous location within the parking place so that the traffic signs may be easily seen and read: (i) information indicating the period of time for which parking is permitted in that parking place; (ii) information indicating the times when a vehicle may be parked in accordance with the sign; (iii) information indicating that parking is reserved for vehicles belonging to the class of vehicles referred to in the sign. [24/2018] (4) The public notice required by subsection (3)( a ) must be given in all or any of the following ways: ( a ) by causing it to be published in the daily newspapers circulating in Singapore in all the official languages; ( b ) by making accessible the information mentioned in subsection (3)( b ) — (i) in the case of any parking place maintained or operated by a statutory body except the Authority, on the statutory body’s website; and (ii) in all other cases, on the Authority’s website; ( c ) by causing it to be published in any other manner that the Superintendent considers will secure adequate publicity for the parking charge fixed or changed. [24/2018] (5) No parking charge and no change to any parking charge has any effect until the notice relating to it is published in accordance with subsection (4). [24/2018] (6) An instrument setting out any parking charge fixed or changed under this section does not have legislative effect. [24/2018] (7) In any proceedings relating to the recovery or non-payment of any parking charge, a certificate purporting to be issued by the Superintendent certifying the amount of the parking charge due and payable by a person is prima facie evidence that the amount of parking charge so stated is due and payable by the person so named in the certificate as at the date of the certificate. [24/2018] (8) In this section — ( a ) a reference to a parking charge includes a reference to a season parking charge, and a surcharge which is payable if a parking charge is not paid within a specified time; and ( b ) a reference to the Superintendent in relation to a parking place provided under section 4 maintained or operated by a statutory body includes a reference to a Deputy Superintendent or an Assistant Superintendent who is an officer employed by the statutory body. [24/2018]


document_id: ppa-1974
provision_ref: s9A
chapter: PART 4 - PARKING CHARGES
section: 9A
title: Collection of parking charges
content:
9A. All charges paid in connection with the use of any parking place maintained or operated by a statutory body under the provisions of this Act must be paid to that statutory body unless — ( a ) otherwise agreed between the Minister and that statutory body; or ( b ) otherwise directed by the Minister. [24/2018]


document_id: ppa-1974
provision_ref: s10
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 10
title: Plying for hire prohibited within parking place
content:
10. —(1) While any vehicle is within a parking place which has not been appointed a public stand under section 109 of the Road Traffic Act 1961, it is not lawful for the driver or conductor of the vehicle or for any person employed in connection with the vehicle to ply for hire or to accept passengers for hire. (2) Any person who acts in contravention of this section shall be guilty of an offence.


document_id: ppa-1974
provision_ref: s11
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 11
title: Parking places to be indicated by traffic signs
content:
11. —(1) When the Authority permits any part of a road to be used as a parking place, the Authority must cause the parking place to be indicated by means of traffic signs. (2) In this section, “traffic signs” has the meaning given by section 119 of the Road Traffic Act 1961.


document_id: ppa-1974
provision_ref: s12
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 12
title: Composition of offences
content:
12. —(1) The relevant officer may compound any offence under this Act or any subsidiary legislation made under this Act that is prescribed as being an offence that may be compounded by doing one or both of the following: ( a ) by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following amounts: (i) one half of the amount of the maximum fine that is prescribed for the offence; (ii) $5,000; ( b ) by requiring the person reasonably suspected of having committed the offence to do, or to refrain from doing, such things as are specified in an offer of composition (called conditions of composition) by the relevant officer, with the concurrence (general or specific) of the Public Prosecutor. [24/2018] (2) On payment of the sum of money or meeting the requirement in subsection (1)( a ) or ( b ) or both, no further proceedings are to be taken against that person in respect of the offence. [24/2018] (3) All sums collected under this section must be paid into the Consolidated Fund. [24/2018] (4) In this section, “relevant officer”, for an offence that is prescribed as being an offence which may be compounded, means the Superintendent where the offence is an offence under any other provision of this Act or any other subsidiary legislation made under this Act. [24/2018; 8/2020]


document_id: ppa-1974
provision_ref: s13
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 13
title: Duty to give information
content:
13. —(1) Where the driver or the conductor of a vehicle is alleged or is suspected to be guilty of an offence under this Act or any rules made under this Act — ( a ) the owner of the vehicle must furnish any information required by the Superintendent or an officer authorised by the Superintendent to act in that behalf as to the identity and address of the person who was the driver or conductor of that vehicle at or about the time of the alleged offence, and as to the driving licence held by that person (if necessary); and ( b ) any other person who was or should have been in charge of the vehicle must, if so required under paragraph ( a ), give any information which is in the person’s power to give, and which may lead to the identification of the driver. [3/2017] (2) Any owner of a vehicle or any other person who fails to furnish the information required from him or her under subsection (1)( a ) or ( b ) (as the case may be) within 14 days after the date on which the information was required from him or her shall be guilty of an offence unless he or she proves, to the satisfaction of the court, that he or she did not know and could not with reasonable diligence have ascertained the information required. [3/2017; 24/2018] (3) A person required under subsection (1) by the Superintendent or an officer authorised by the Superintendent to act in that behalf to give information commits an offence if — ( a ) the person — (i) provides, or causes or permits to be provided, any information in connection with the requirement, which is false or misleading in a material particular; and (ii) knows or ought reasonably to know that, or is reckless as to whether, the information is false or misleading in a material particular; or ( b ) the person intentionally alters, suppresses or destroys any information which the person is required under subsection (1) to give, for the purpose of not leading to the identification of the driver, and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2021] (4) The Superintendent or any officer authorised by the Superintendent to act in that behalf may require any information to be furnished under subsection (1) to be in writing signed by the person required to furnish the information. (5) Despite any other written law, any information given under this section by any person charged with an offence under this Act or any rules made under this Act or an offence in connection with the driving of a vehicle may be used as evidence without proof of signature at the hearing of the charge. [3/2017] (6) Despite any other written law, any statement made by any person to the Superintendent or any officer authorised by the Superintendent under this section that a vehicle was on a particular occasion being driven by or belonged to that person or that it belonged to a firm in which that person also stated that that person was a partner or to a corporation of which that person stated that that person was a director, an officer or an employee is admissible in evidence without proof of signature for the purpose of determining by whom the vehicle was on that occasion being driven or who was in charge of it or to whom it belonged. [3/2017]


document_id: ppa-1974
provision_ref: s14
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 14
title: Liability of owner of vehicles for parking offences
content:
14. —(1) When a parking offence is committed, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under the rules made under this Act in all respects as if the person were the actual offender guilty of the parking offence unless — ( a ) the person satisfies the Superintendent that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used; or ( b ) the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used. (2) Nothing in this section shall affect the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation to that offence. (3) Despite subsection (1), no owner of a vehicle shall, by virtue of this section, be guilty of an offence if the owner — ( a ) within 14 days after service on the owner of a notice alleging that the owner has been guilty of the offence, furnishes by statutory declaration to the Superintendent the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned; ( b ) satisfies the Superintendent that the owner did not know and could not with reasonable diligence have ascertained such name and address; or ( c ) satisfies the court that the owner did not know and could not with reasonable diligence have ascertained such name and address. [24/2018] (4) A statutory declaration made under subsection (3)( a ) if produced in any proceedings against the person named in the statutory declaration and in respect of the parking offence concerned is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence. (5) A statutory declaration which relates to more than one parking offence must not be regarded as a statutory declaration under, or for the purposes of, subsection (3)( a ). (6) In this section — “owner”, in relation to a motor vehicle, means — ( a ) for a motor vehicle which is registered under the Road Traffic Act 1961 — (i) each person in whose name the vehicle is registered under the Road Traffic Act 1961 unless the person has sold or ceased to have possession of the vehicle and has complied with the provisions of the rules applicable in regard to the sale or disposal; (ii) each person, although not a registered owner of the vehicle, who is a sole or joint owner of the vehicle unless that person has sold or ceased to have possession of that vehicle; or (iii) if any such registered owner has sold or ceased to have possession of the vehicle, any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle; ( b ) for a motor vehicle that is unregistered, the person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle; ( c ) for a motor vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act 1961, the person to whom the general licence is issued; or ( d ) for a motor vehicle which is the subject of a hiring agreement or hire-purchase agreement, the person in possession or entitled to possession of the vehicle under that agreement; “parking offence” means an offence of parking a vehicle or causing or permitting a vehicle to stand, wait or be parked in contravention of any rules made under this Act. [24/2018] (7) For the purposes of the definition of “owner” in subsection (6), a person is taken not to have ceased to have possession or (as the case may be) not to have acquired possession of a vehicle where a change of possession occurs by way of — ( a ) any hiring (not being a hiring under a hire-purchase agreement) or lending of the vehicle; or ( b ) the passing of the possession of the vehicle to a bailee for the purpose of sale or disposal or for the purpose of alteration, repair, renovation, storing or other like purpose involving the use or operation of the vehicle for the benefit of the bailee. [24/2018]


document_id: ppa-1974
provision_ref: s15
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 15
title: Removal and detention, etc., of abandoned or illegally parked vehicles
content:
15. —(1) Where a vehicle — ( a ) has been permitted to remain at rest in a parking place in such a position or in such condition or circumstances as to appear to the Superintendent or an authorised officer to have been abandoned without lawful authority; ( b ) is parked in a parking place in contravention of any provision of this Act or any rules made under this Act; or ( c ) being owned by a person against whom a warrant of arrest is in force, is parked in a parking place, the Superintendent or authorised officer may — ( d ) remove the vehicle to a place of safety or any other place and detain it at the place of safety or any other place; or ( e ) prevent the removal of the vehicle from the parking place without his or her consent by fixing an immobilisation device to the vehicle. [24/2018] (2) Where a vehicle (within the meaning given by the Shared Mobility Enterprises (Control and Licensing) Act 2020) has been permitted to remain at rest in a public place (also within the meaning given by that Act) — ( a ) in such a position or in such condition or circumstances as to appear to the Authority or an enforcement officer or outsourced enforcement officer to have been abandoned; ( b ) is evidence of the commission of an offence under section 8C or any regulations made under section 8S (as in force before 22 July 2020) or section 8(1), 9(1) or 28(3) of the Shared Mobility Enterprises (Control and Licensing) Act 2020 or any regulations made under that Act; or ( c ) is parked in contravention of any provision of this Act or any subsidiary legislation made under this Act, or any other written law, an enforcement officer or outsourced enforcement officer may remove the vehicle to a place of safety or any other place and detain it at the place of safety or any other place. [24/2018; 38/2018; 8/2020] (3) Where the Superintendent or an authorised officer, enforcement officer or outsourced enforcement officer has removed any vehicle to a place of safety or any other place under subsection (1)( d ) or (2) or fixed an immobilisation device to the vehicle under subsection (1)( e ), the Superintendent, authorised officer, enforcement officer or outsourced enforcement officer (as the case may be) must, with all reasonable despatch, give written notice to the owner of the vehicle (if known) as to the procedure by which the owner may secure the release of the vehicle, and the notice must be served on the owner of the vehicle — ( a ) in the case where the Superintendent or an authorised officer, enforcement officer or outsourced enforcement officer has removed the vehicle to a place of safety or any other place, in accordance with section 18; or ( b ) in the case where the Superintendent or authorised officer has fixed an immobilisation device to the vehicle, by affixing the notice onto the windscreen or any other conspicuous part of the vehicle. [24/2018; 38/2018] (4) A vehicle which has been removed and detained or to which an immobilisation device has been fixed in accordance with this section must not be released to the owner of the vehicle except — ( a ) by or under the direction of the Superintendent or an authorised officer or enforcement officer; and ( b ) upon the owner of the vehicle having paid all expenses incurred by the Superintendent or the authorised officer, enforcement officer or outsourced enforcement officer, and any other charges that may be imposed under this Act or any rules made under this Act, and the vehicle shall remain at the risk of the owner of the vehicle until all the expenses and charges mentioned in paragraph ( b ) have been paid. [24/2018; 38/2018] (5) Where, under subsection (1)( c ), the Superintendent or an authorised officer has removed a vehicle to a place of safety or any other place or fixed an immobilisation device to a vehicle, the Superintendent or authorised officer may refuse to release the vehicle unless the Superintendent or authorised officer is satisfied that the owner of the vehicle has been arrested or has surrendered himself or herself to a police officer or the warrant of arrest in force against the owner has been cancelled by a court. [24/2018] (6) Any person who, without the authority of the Superintendent or an authorised officer, removes or tampers with any notice affixed to a vehicle under subsection (3)( b ) shall be guilty of an offence. [24/2018] (7) Any person who, without being authorised to do so in accordance with this section, removes or attempts to remove — ( a ) any vehicle from any place at which it is being detained under this section; or ( b ) an immobilisation device fixed to a vehicle in accordance with this section, shall be guilty of an offence. [34/93] (8) Subject to this section, every vehicle that is removed to a place of safety or any other place under subsection (2)( a ) or ( b ) is liable to forfeiture under this section. [38/2018] (9) An order for the forfeiture under this section may be made by the Authority if it is satisfied — ( a ) for a vehicle which is removed to a place of safety or any other place under subsection (2)( a ), that at the end of 30 days after the date of the removal, no claim to the vehicle is made in the prescribed manner to the Authority before the end of that period and there is no prosecution with regard to any offence involving that vehicle; and ( b ) for a vehicle which is removed to a place of safety or any other place under subsection (2)( b ), that the vehicle was the subject matter, or was used in the commission, of an offence under section 8C or any regulations made under section 8S (as in force before 22 July 2020) or section 8(1), 9(1) or 28(3) of the Shared Mobility Enterprises (Control and Licensing) Act 2020 or any regulations made under that Act, and — (i) a person is convicted of the offence; (ii) a person who is reasonably suspected of having committed the offence has that offence compounded under section 12 of this Act or section 37 of the Shared Mobility Enterprises (Control and Licensing) Act 2020, as the case may be; or (iii) at the end of 30 days after the date of the removal, no claim to the vehicle is made in the prescribed manner to the Authority before the end of that period and there is no prosecution with regard to that offence. [38/2018; 8/2020] (10) Upon receipt of a claim mentioned in subsection (9)( a ) or ( b )(iii), the Authority may direct that the vehicle be released or may refer the matter by information to a Magistrate. [38/2018] (11) The Magistrate must, on receipt of any information under subsection (10), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and must, on proof that the vehicle was used in the commission of an offence under section 8C or any regulations made under section 8S (as in force before 22 July 2020) or section 8(1), 9(1) or 28(3) of the Shared Mobility Enterprises (Control and Licensing) Act 2020 or any regulations made under that Act, order the vehicle to be forfeited, or may in the absence of such proof order its release. [38/2018; 8/2020] (12) In any proceedings under subsection (11), the burden of proof lies on the person asserting that the person is the owner of the vehicle concerned, and on the person from whom the vehicle was seized, as the case may be. [38/2018] (13) In any proceedings in any court in respect of the forfeiture of any vehicle removed in exercise or the purported exercise of any power conferred under subsection (2)( a ) or ( b ), no person is entitled to the costs of those proceedings or to any damages or other relief except an order for the return of the vehicle, unless the removal was made without reasonable or probable cause. [38/2018] (14) Where any vehicle which has been removed and detained or to which an immobilisation device has been fixed in accordance with this section is not earlier forfeited under this section and is not claimed by its owner within one month of the date of its detention or immobilisation, the Superintendent or an authorised officer or enforcement officer may, after giving one month’s notice in the Gazette of his or her intention to do so, sell the vehicle by public auction or otherwise dispose of the vehicle in any manner as he or she thinks fit. [24/2018; 38/2018] (15) Where a vehicle has been sold or otherwise disposed of under subsection (14), the proceeds of the sale or disposal of the vehicle are to be applied in payment of any expenses incurred in carrying out the provisions of this section and thereafter are to be applied in payment of all charges and fines payable under this Act and any rules made under this Act and the surplus (if any) must be paid to the owner of the vehicle, or if not claimed by the owner of the vehicle within 12 months of the date of the sale or disposal, must be forfeited to the Authority. (16) The Superintendent may waive, in whole or in part, any expense or charge payable under subsection (4). [24/2018] (17) In this section — “authorised officer” means an officer of a statutory body authorised by the Superintendent for the purpose of this section; “immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or an appliance of a type approved by the Superintendent for use for that purpose in accordance with this section; “owner”, in relation to a vehicle, has the meaning given by section 14, and “owned” is to be construed accordingly; “warrant of arrest” means a warrant of arrest issued by a court against a person in connection with any offence committed by the person under — ( a ) this Act or any rules made under this Act; or ( b ) the Road Traffic Act 1961 or any rules made under that Act. [24/2018; 38/2018]


document_id: ppa-1974
provision_ref: s15A
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 15A
title: Power to require information
content:
15A. The Authority or the Superintendent may require any owner or occupier of a private parking place to furnish any information relating to the private parking place that the Authority or the Superintendent considers necessary or expedient for the performance of the functions or duties of the Authority or the Superintendent under this Act.


document_id: ppa-1974
provision_ref: s15B
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 15B
title: Power of entry
content:
15B. —(1) The Superintendent or any person authorised by the Authority or the Superintendent (called in this section an authorised person) may — ( a ) for the purpose of ascertaining whether there is or has been a contravention of any provision of this Act or any rules made under this Act; or ( b ) for any other purpose incidental to or in connection with the performance of the functions or duties of the Authority or the Superintendent under this Act, enter any private parking place between the hours of 8 a.m. and 6 p.m. to make any survey or inspection without being liable to any legal proceedings or molestation on account of such entry or any thing done in such private parking place. (2) A person must not, except with the consent of the owner or occupier of a private parking place, enter the parking place by virtue of the powers conferred by subsection (1) without at least 6 hours’ previous notice being given to the owner or occupier of the private parking place, if any. (3) Despite subsection (1), where it is necessary or expedient to make any survey or inspection outside the hours specified in subsection (1), the Superintendent or any authorised person may enter any private parking place by giving at least 6 hours’ previous notice to the owner or occupier of the private parking place. (4) The Superintendent or an authorised person may do any of the following, without involving any search of any property or individual, for the purposes of a survey or inspection under this section: ( a ) photograph or film, or make audio recordings or make sketches of, any part of the premises, or any vehicle or parts of a vehicle or other thing at the premises; ( b ) require any person on those premises to produce or grant access to, without charge, any document or information reasonably required for any purpose in subsection (1), which are in the possession or under the control of that person; ( c ) inspect and make copies of or take extracts from any such document; ( d ) take possession of such a document if, in the opinion of the Superintendent or authorised officer — (i) the inspection or copying of or extraction from the document cannot reasonably be performed without taking possession; (ii) the document may be interfered with or destroyed unless possession is taken; or (iii) the document may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act. [3/2017] (5) The power to require a person to furnish any document or information under subsection (4)( b ) includes the power — ( a ) to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information; ( b ) if the document or information is not furnished, to require the person to state, to the best of the person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Superintendent or authorised officer in legible form. [3/2017]


document_id: ppa-1974
provision_ref: s15C
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 15C
title: False information in applications, etc.
content:
15C. —(1) If a person — ( a ) in relation to an application for any licence, permit, approval or certificate by the person or any other person under this Act or any subsidiary legislation made under this Act; or ( b ) in relation to any modification of a condition of any licence, permit, approval or certificate (whether or not procuring for the benefit of the person or any other person) under this Act or any subsidiary legislation made under this Act, furnishes or causes to be furnished any document or information which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence. [24/2018] (2) A person 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 12 months or to both. [24/2018]


document_id: ppa-1974
provision_ref: s16
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 16
title: Penalty
content:
16. Any person who contravenes any of the provisions of this Act or any rules or orders made under this Act shall be guilty of an offence and shall be liable on conviction, where no special penalty is provided, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.


document_id: ppa-1974
provision_ref: s17
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 17
title: Offences by corporations
content:
17. —(1) Where, in a proceeding for an offence under this Act or any of its subsidiary legislation, 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. [24/2018] (2) Where a corporation commits an offence under this Act or any of its subsidiary legislation, 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. [24/2018] (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. [24/2018] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [24/2018] (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. [24/2018] (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive officer, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [24/2018] (7) This section does not apply to or in relation to an offence under this Act or any of its subsidiary legislation committed by a corporation before 1 May 2018. [24/2018]


document_id: ppa-1974
provision_ref: s17A
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 17A
title: Offences by unincorporated associations or partnerships
content:
17A. —(1) Where, in a proceeding for an offence under this Act or any of its subsidiary legislation, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. [24/2018] (2) Where an unincorporated association or a partnership commits an offence under this Act or any of its subsidiary legislation, 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 the partnership and in a position to influence the conduct of that unincorporated association or that partnership in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or the partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or the partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the unincorporated association or the partnership, and shall be liable on conviction to be punished accordingly. [24/2018] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or the partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof as that unincorporated association or that partnership would bear. [24/2018] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [24/2018] (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 or any of its subsidiary legislation, and applies whether or not that unincorporated association or that partnership is convicted of the offence. [24/2018] (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [24/2018] (7) This section does not apply to or in relation to an offence under this Act or any of its subsidiary legislation committed by an unincorporated association or a partnership before 1 May 2018. [24/2018]


document_id: ppa-1974
provision_ref: s18
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 18
title: Service of summons, etc.
content:
18. —(1) Every summons, notice, order or document required or authorised by this Act or any rules made under this Act to be served on any person may be served — ( a ) by delivering it to the person or to some adult member or employee of the person’s family at the person’s usual or last known place of residence or business; ( b ) by leaving it at the usual or last known place of residence or business of the person in a cover addressed to the person; ( c ) by sending it by registered post in a prepaid letter addressed to the person at the person’s usual or last known place of residence or business or any address furnished by the person; or ( d ) in the case of a notice to be served on a person whose usual or last known place of residence or business cannot, with reasonable diligence, be ascertained, by publication of the notice in the Gazette . [38/2018] (2) In addition, any notice, order or document (other than a summons) required or authorised by this Act or any rules made under this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by sending it by email to the email address of the individual, partnership, body corporate or unincorporated association, as the case may be; ( b ) by sending it by fax to whichever of the following is applicable: (i) the fax number last known as the fax number for the service of notices, orders or documents on the individual; (ii) the fax number used at the partnership’s business address; (iii) the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the notice, order or document is available and how the addressee may use the addressee’s chosen means of access to access the contents of that notice, order or document; or ( d ) by any other method authorised by the rules made under section 22 for the service of notices, orders or documents of that kind if the recipient consents (expressly or impliedly) to service of a notice, order or document of that kind in that way. [38/2018] (3) Where any summons, notice, order or document is served on any person by registered post, it is deemed to have been served within such time as it would take to arrive in the ordinary course of transmission and, in proving service of the same, it is sufficient to prove that the envelope containing the summons, notice, order or document was properly addressed, stamped and posted by registered post. (4) However, service of any notice, order or document under this Act or any rules made under section 22 on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way. [38/2018] (5) Service of any notice, order or document under subsection (2)( a ) or ( b ) takes effect — ( a ) if the notice, order or document is sent by email, at the time that the email becomes capable of being retrieved by the person; or ( b ) if the notice, order or document is sent by fax and a notification of successful transmission is received, on the day of transmission. [38/2018] (6) All notices, orders, receipts and other documents which the Superintendent is empowered to give by this Act or any rules made under this Act may be given by any officer duly authorised by the Superintendent. (7) Where any such notice, order or document requires authentication, the signature or a facsimile of the signature of the Superintendent or any officer duly authorised by the Superintendent affixed to the notice, order or document is sufficient authentication. (8) In this section — “business address” or “place of business” 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 any notice, order or document required or authorised by this Act or rules made under section 22, means an electronic means the addressee agrees with the person giving or serving the notice, order or document as the means by which the addressee may access the contents of that notice, order or document; “chosen means of notification”, for an addressee on whom is or is to be served any notice, order or document required or authorised by this Act or rules made under section 22, means an electronic means that the addressee nominates to the person giving or serving the notice, order or document as the means by which the addressee may be notified that such a notice, order or document has been served on the addressee; “email address” means the last email address given by the addressee concerned to the person giving or serving a notice, order or document as the email address for the service of notices, orders or documents under this Act or rules made under section 22. [38/2018]


document_id: ppa-1974
provision_ref: s19
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 19
title: Obstruction of Authority, Superintendent, etc.
content:
19. Any person who obstructs or hinders the Authority, the Superintendent, any enforcement officer, outsourced enforcement officer or any person acting in the discharge of his or her duty under this Act or any rules made under this Act 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. [24/2018; 38/2018; 8/2020]


document_id: ppa-1974
provision_ref: s20
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 20
title: Protection from personal liability
content:
20. No liability shall lie personally against the Superintendent of Car Parks, any Deputy Superintendents and Assistant Superintendents of Car Parks, an enforcement officer, an outsourced enforcement officer, any person acting under the direction of the Superintendent of Car Parks, a Deputy Superintendent or Assistant Superintendent of Car Parks, or an authorised officer within the meaning given by section 15 for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in the execution or purported execution of this Act and any rules made under this Act. [24/2018; 38/2018; 8/2020]


document_id: ppa-1974
provision_ref: s21
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 21
title: Power to exempt
content:
21. The Minister may, by order in the Gazette , exempt any private parking place or class of private parking places or any person or class of persons from the provisions of this Act or any rules made under this Act. [24/2018; 38/2018; 8/2020]


document_id: ppa-1974
provision_ref: s22
chapter: PART 5 - ADMINISTRATION AND ENFORCEMENT
section: 22
title: Rules
content:
22. —(1) The Authority may, with the approval of the Minister, make rules necessary or convenient to be prescribed for carrying out or giving effect to this Act. [24/2018] (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make rules — ( a ) regulating the use of parking places and private parking places, including — (i) controlling the type or class of vehicles which may park in different parking places or private parking places; (ii) prohibiting or restricting the activities which may take place in parking places and private parking places; and (iii) prescribing the conditions upon and the times during which parking of vehicles or other activities are permitted to take place in parking places and private parking places; ( b ) requiring private parking places to be provided for any land or building and its layout, including prescribing — (i) the layout, arrangement, dimensions or area of each parking lot in the private parking place and the design of parking facilities in the private parking place; (ii) the maximum or minimum dimensions or area of each parking lot in the private parking place; (iii) the maximum or minimum number or a number range, or a maximum rate of increase or decrease or a minimum rate of increase or decrease, in the number of parking lots for the private parking place; (iv) different layout, arrangement, dimensions or area of parking lots and different designs of parking facilities, in the private parking place for different types of vehicles which may park in the private parking place and in different circumstances or for different classes of land or premises; or (v) different maximum or minimum numbers or different number ranges, or different maximum rates of increase or decrease or different minimum rates of increase or decrease, in the number of parking lots for different types of vehicles, different circumstances or different classes of land or premises; ( c ) regulating the operation of private parking places, garages and places kept or used for the housing or parking of vehicles, except garages or places used in connection with private dwelling houses for housing or parking vehicles kept for private use only; ( d ) regulating the parking of heavy vehicles in any parking place, by the issue of vehicle parking certificates or such other documents entitling the holder to park a heavy vehicle in a parking lot in the parking place; ( e ) providing for the calculation of the deficiency charge mentioned in section 6B, including — (i) prescribing different rates and methods of calculation of the charge; (ii) prescribing circumstances for the deferment of liability to pay the charge; (iii) prescribing the procedure to apply to the Authority to determine the amount of a deficiency charge; or (iv) providing for the remission or the refund, wholly or in part, of the charge payable or paid by any person; and ( f ) prescribing the fees to be paid for the Superintendent or Authority for doing anything under this Act or the rules. [24/2018] (3) All rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [24/2018]


document_id: ppa-1978
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “elected Member”, “non-constituency Member” and “nominated Member” have the meanings given by Article 39(1)( a ), ( b ) and ( c ) of the Constitution, respectively; “future Member” means a person — ( a ) who becomes, by election or appointment, a Member at any time after 1 January 1995 without previously having been, before or after that date, a Member or an office-holding Member; ( b ) who, having been a Member before 1 January 1995 but not being a Member on that date, becomes, by election or appointment, a Member at any time after that date; or ( c ) who, being an elected Member on 1 January 1995, becomes — (i) a non‑constituency Member or nominated Member at any time after 1 January 1995 with or without a break in his or her service as a Member; or (ii) an elected Member at any time after 1 January 1995 with a break in his or her service as a Member after that date, and for the purposes of paragraph ( c ), a Member’s service is deemed not broken but continuous if, following the dissolution of Parliament or his or her seat therein becoming vacant under the provisions of the Constitution, he or she is elected as a Member at the ensuing general election or the ensuing by‑election to fill that vacancy; “Mayor” means a Mayor appointed under rules made under the People’s Association Act 1960; “Member” means a Member of Parliament; “office” means the office of Prime Minister, Deputy Prime Minister, Speaker, Senior Minister, Minister, Senior Minister of State, Minister of State, Mayor, Senior Parliamentary Secretary, Parliamentary Secretary or Political Secretary; “office‑holding Member” means a Member who holds or has held any office and includes a Speaker who is not an elected Member of Parliament; “prescribed commutation factor” and “prescribed discount rate” mean, respectively, such factor and rate as the President prescribes for the purposes of this Act; “reckonable service” means — ( a ) in relation to service as a Member — service in Parliament as a Member of Parliament on and after 3 June 1959 but not after 20 May 2011; and ( b ) in relation to service in any office — service in that office on and after 3 June 1959 but not after 20 May 2011. [15/2002; 21/2012] (2) The reference to service in Parliament in the definition of “reckonable service” in subsection (1) is to be read as including a reference to service in the Legislative Assembly on and after 3 June 1959 and before 9 August 1965. (3) Where a Speaker is not, or has not been, an elected Member of Parliament for any period, “salary” means, for that period, the salary payable to him or her in respect of his or her service as Speaker. (4) Despite any other provision of this Act, where for any period a person who is eligible for any pension or other benefit under this Act voluntarily refrains from receiving the whole or any part of any salary due to the person in respect of the office held by him or her, then, in calculating his or her pension or benefit he or she is, for such period, deemed to have received the full salary to which he or she was entitled as holder of that office.


document_id: ppa-1978
provision_ref: s2A
chapter: PART 2 - PENSIONS AND GRATUITIES FOR MEMBERS,
section: 2A
title: Future and Nominated Members’ eligibility for pension
content:
2A. —(1) Unless otherwise expressly provided, a future Member is not eligible for any pension or gratuity under the provisions of this Act in respect of his or her reckonable service as a future Member. [21/2012] (2) To avoid doubt — ( a ) a future Member who holds any office remains eligible for a pension under the provisions of this Act in respect of his or her reckonable service in that office; and ( b ) a person who, on the date immediately before he or she becomes a future Member, has the minimum period of reckonable service as a Member to be eligible for a pension under section 3 (including any period of reckonable service which may be counted by virtue of the repealed section 6), remains eligible for a pension under the provisions of this Act in respect of his or her reckonable service as a Member as of that date. [21/2012] (3) Any person who on 1 January 1995 is a nominated Member is not eligible for a pension under the provisions of this Act in respect of his or her service as a Member on or after that date.


document_id: ppa-1978
provision_ref: s3
chapter: PART 2 - PENSIONS AND GRATUITIES FOR MEMBERS,
section: 3
title: Pensions in respect of service as Members
content:
3. —(1) Subject to the provisions of this Act, a person who, after 1 September 1978, ceases at any time to be a Member may be granted a pension under this section if he or she has not less than 9 years’ reckonable service as a Member (whether continuously or not). [21/2012] (2) The annual amount of pension payable to a Member is — ( a ) in respect of every completed year of reckonable service — at the rate of one‑thirtieth (1/30) of his or her annual salary; and ( b ) in respect of any remaining uncompleted year of reckonable service — at the rate of one‑three‑hundred and sixtieth (1/360) part of his or her annual salary for each completed month of reckonable service. (3) The annual pension payable to any Member under subsection (2) must not exceed two-thirds of his or her annual salary. (4) Subject to sections 13 and 15, a pension under this section continues for the life of the person to whom it is payable but is not payable in respect of any period during which he or she is again a Member or is a candidate for election to Parliament; at the end of that period the pension is again payable and must be re‑computed under subsection (2) with the addition of any further period of reckonable service to the period of his or her former reckonable service as a Member. (5) For the purposes of subsections (2) and (3), “annual salary” means the annual equivalent of the highest monthly rate of salary (excluding any non‑pensionable allowances) received by a Member during any period of his or her reckonable service as a Member. [21/2012] (6) For the purposes of subsection (4), a person who ceases to be a Member in consequence of the dissolution of Parliament is to be treated as a candidate for election from the date of the dissolution if he or she seeks re‑election at the next general election.


document_id: ppa-1978
provision_ref: s4
chapter: PART 2 - PENSIONS AND GRATUITIES FOR MEMBERS,
section: 4
title:
Pensions in respect of service as Prime Minister, Deputy Prime Minister, Speaker, Ministers and other office-holders

content:
4. —(1) Subject to the provisions of this Act, a person may be granted a pension under this section, in addition to any pension that may be granted to the person under section 3, in respect of his or her reckonable service in any office if, after 1 September 1978, he or she ceases at any time to hold office and has not less than 8 years’ reckonable service as an office‑holding Member (whether continuously or not). [21/2012] (2) The annual amount of pension payable to an office‑holding Member is — ( a ) in respect of every completed year of reckonable service in any office, or where he or she has served in more than one office in each office — at the rate of one‑twenty‑seventh (1/27) of his or her annual salary in that office; and ( b ) in respect of any remaining uncompleted year of reckonable service in any office, or where he or she has served in more than one office in each office — at the rate of one‑three‑hundred and twenty‑fourth (1/324) part of his or her annual salary for each completed month of reckonable service in that office. (3) The annual pension payable to any office-holding Member under subsection (2) must not exceed two-thirds of the highest annual salary of any office held by him or her. (4) Subject to sections 13 and 15, a pension granted under this section continues for the life of the person to whom it is payable but is not payable in respect of any period during which he or she is again an office‑holding Member; at the end of that period the pension is again payable and must be re‑computed with the addition of that period comprising reckonable service to the period of his or her former reckonable service as an office‑holding Member. [21/2012] (5) For the purposes of subsections (2) and (3), “annual salary”, in relation to any office, means the annual equivalent of the highest monthly rate of salary (excluding any non-pensionable allowances) received by an office‑holding Member during any period of reckonable service as a holder of that office. (6) Where the monthly rate of salary applicable to any office previously held by an office-holding Member is increased before 21 May 2011 during any continuous period of reckonable service while he or she is an office‑holding Member but holding another office, that Member is deemed to have received such increased rate during his or her period of reckonable service as a holder of that office. [21/2012]


document_id: ppa-1978
provision_ref: s5
chapter: PART 2 - PENSIONS AND GRATUITIES FOR MEMBERS,
section: 5
title: Pensions for serving office-holders after attaining 55 years of age
content:
5. —(1) Where an office-holding Member has — ( a ) not less than 8 years’ reckonable service as an office‑holding Member (whether continuously or not); ( b ) attained 55 years of age; and ( c ) not previously been granted a pension under section 4, he or she may be granted a pension under that section despite the fact that he or she has not ceased to hold office. (2) Subsection (1) does not apply to an office‑holding Member who attains 55 years of age on or after 21 May 2011. [21/2012] (3) Subject to sections 13 and 15, where any pension is granted before 21 May 2011 to any office-holding Member under section 4 by virtue of subsection (1), payment of that pension as a full or reduced pension stops on or after 21 May 2011 and ceases to be payable to that office‑holding Member for the period that he or she remains an office‑holding Member and any such pension paid in contravention of this subsection must be immediately refunded to the Pension Fund; except that at the end of that period when he or she so ceases to hold office — ( a ) all that full or reduced pension which would have been payable, if not for this subsection, between 21 May 2011 and the date he or she so ceases to hold office (both dates inclusive) is then payable in a lump sum (without interest); and ( b ) his or her pension under section 4 must be re‑computed by adding the period of reckonable service between the date the pension was granted and 20 May 2011 (both dates inclusive) to the period of his or her former reckonable service which had been used in computing his or her pension. [21/2012] (4) Where a person has been granted before 21 May 2011 a pension under section 4 after ceasing to hold office and — ( a ) becomes an office-holding Member again after having attained 55 years of age; or ( b ) becomes an office-holding Member again before attaining 55 years of age, on his or her attaining that age, the pension stops on or after 21 May 2011 and ceases to be payable to that person for the period that he or she remains an office‑holding Member and any pension paid in contravention of this subsection must be immediately refunded to the Pension Fund; except that at the end of that period when he or she so ceases to hold office — ( c ) all that pension which would have been payable, if not for this subsection, between 21 May 2011 and the date he or she so ceases to hold office (both dates inclusive) is then payable in a lump sum (without interest); and ( d ) his or her pension under section 4 must be re-computed by adding the period of reckonable service between the date the pension was granted and 20 May 2011 (both dates inclusive) to the period of his or her former reckonable service which had been used in computing his or her pension. [21/2012] 6. [ Repealed by Act 21 of 2012 ]


document_id: ppa-1978
provision_ref: s7
chapter: PART 2 - PENSIONS AND GRATUITIES FOR MEMBERS,
section: 7
title: Commutation of pensions
content:
7. —(1) Subject to the provisions of this Act, a person to whom a pension is granted under this Act may, at his or her option exercisable in accordance with this section, be paid — ( a ) in the case of a future Member who becomes an office‑holding Member — (i) a full pension under section 4 without any gratuity; or (ii) a commuted pension gratuity without any pension, in respect of his or her reckonable service as a holder of any office; ( b ) in the case of a future Member who remains eligible for a pension under section 2A(2)( b ), or a Member (including an office-holding Member) who is not a future Member — (i) a full pension under section 3 or 4 without any gratuity; (ii) a reduced pension at the rate of two‑thirds (⅔) of the full pension together with a gratuity equal to twelve and one‑half (12&#189;) times the annual value of one‑third (⅓) of the full pension; or (iii) a commuted pension gratuity without any pension, in respect of his or her reckonable service as a Member (other than as a future Member) or as a holder of any office, as the case may be; or ( c ) in the case of a person who has been granted a pension under section 4 after ceasing to hold office and who becomes an office-holding Member again — (i) a full pension under section 4 without any gratuity; or (ii) a commuted pension gratuity without any pension, in respect of his or her further service as an office‑holding Member. (2) The option mentioned in subsection (1) is exercisable — ( a ) separately in respect of reckonable service as a Member and as a holder of any office; and ( b ) not later than 30 days after the date when the person becomes eligible for the grant of a pension under this Act, except that if the person has not exercised an option within that time, the President may, if it appears in the circumstances equitable to do so, allow the person to exercise the option at any time prior to the date of payment of a pension or gratuity to the person. (3) Where a person fails to exercise the option in accordance with this section, the person is deemed to have opted to receive a commuted pension gratuity without any pension in respect of his or her reckonable service as a Member or as a holder of an office or both, as the case may be. (4) The option, once exercised by a person in respect of his or her reckonable service as a Member or as a holder of any office (as the case may be), must not be revoked so far as concerns any pension or gratuity so granted to the person under this Act in respect of such period of service prior to the exercise of the option. (5) Subject to this section, the commuted pension gratuity mentioned in subsection (1) is a capital sum ascertained by multiplying the prescribed commutation factor by the amount of pension that the person concerned is eligible for under this Act. (6) Where any pension granted to a person under this Act is required to be re‑computed by adding his or her further reckonable service as a Member or as a holder of any office to any period of reckonable service previously used in computing his or her pension, the commuted pension gratuity must be reduced by such amount of pension or gratuity already received by the person in respect of the period of reckonable service previously used in computing his or her pension. [21/2012] (7) Any commuted pension gratuity to be granted to a person must be computed in accordance with the provisions of this Act in force at the date when the person becomes eligible for the grant of a pension under this Act, and must be paid in the prescribed manner. (8) This section does not apply to any person who before 1 January 1995 has been granted and paid a pension or gratuity under the provisions of this Act as in force before that date. (9) Where the person is, on 1 January 1995, an office‑holding Member who — ( a ) has already been granted a pension in respect of any period of his or her reckonable service in an office; and ( b ) on his or her ceasing to hold office, will be eligible to have his or her pension re‑computed with the addition of his or her further period of reckonable service as an office‑holding Member, this section remains applicable to the person but only in respect of that further period of reckonable service as an office‑holding Member.


document_id: ppa-1978
provision_ref: s8
chapter: PART 2 - PENSIONS AND GRATUITIES FOR MEMBERS,
section: 8
title: Payment of pensions
content:
8. Pensions under this Act may be paid monthly at the end of each month in which the pensions fall due or at such other intervals as the President may determine either generally or in the circumstances of any particular case. 9. [ Repealed by Act 21 of 2012 ] 10. [ Repealed by Act 21 of 2012 ] 11. [ Repealed by Act 21 of 2012 ]


document_id: ppa-1978
provision_ref: s12
chapter: PART 3 - MISCELLANEOUS
section: 12
title: Pension or gratuity not to be assignable
content:
12. A pension or gratuity granted under this Act is not assignable or transferable, except for the purpose of satisfying — ( a ) a debt due to the Government; or ( b ) an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child, whether legitimate or not, of the person to whom the pension has been granted, and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatever except a debt due to the Government.


document_id: ppa-1978
provision_ref: s13
chapter: PART 3 - MISCELLANEOUS
section: 13
title:
Pension or gratuity not of right and may be reduced or withheld by President upon conviction for corruption

content:
13. —(1) No person has an absolute right to compensation for past services or to any pension or gratuity under this Act. (2) It is lawful for the President to reduce or altogether to withhold any pension or gratuity which has been granted to a person under this Act, or for which he or she has become eligible, where the person has been convicted by any court of an offence (even if only a fine and no term of imprisonment has been imposed) — ( a ) under the Prevention of Corruption Act 1960; or ( b ) involving corruption under any other written law. (3) The President must, before exercising any power conferred on him or her by subsection (2), consider the record of the proceedings of the court.


document_id: ppa-1978
provision_ref: s14
chapter: PART 3 - MISCELLANEOUS
section: 14
title: Restoration of whole or part of pension or gratuity at discretion of President
content:
14. Where any pension or gratuity that a person would have been eligible to receive under this Act has been reduced or altogether withheld under section 13, it is lawful for the President, in his or her discretion, to direct that all or any part of the pension or gratuity be applied for the benefit of the person’s wife and any child or children, and after the expiry of any term of imprisonment served by the person, also for the person’s benefit, in such proportions and manner as the President thinks fit.


document_id: ppa-1978
provision_ref: s15
chapter: PART 3 - MISCELLANEOUS
section: 15
title: Pension and gratuity to cease on bankruptcy
content:
15. —(1) No pension or gratuity that would under this Act be granted to a person may be so granted if, at the date he or she became eligible for the grant of such pension, the person has been adjudged a bankrupt or declared insolvent by judgment of a court of competent jurisdiction in Singapore or elsewhere and has not obtained his or her discharge from that adjudication or declaration. (2) If any person to whom a pension has been granted under this Act is adjudged a bankrupt or is declared insolvent by judgment of any such court, then such pension forthwith ceases. (3) Where a pension or gratuity ceases or is not granted by virtue of this section, it is lawful for the President, from time to time, during the remainder of the life of the person whose pension has ceased or who would have been eligible to receive the pension, or during such shorter period or periods, either continuously or otherwise, as the President thinks fit, to direct all or any part of the moneys to which that person would have been eligible to receive by way of pension or gratuity, had that person not become a bankrupt or insolvent, to be paid to or applied for the maintenance and benefit of all or any (to the exclusion of others) of the following, namely, the person and the person’s wife, child or children, or other dependants in such proportions and manner as the President thinks proper; and the moneys are to be paid or applied accordingly. (4) Moneys applied for the discharge of the debts of the person whose pension has ceased or not been granted must be regarded, for the purposes of subsection (3), as applied for the person’s benefit. (5) When a person to whom a pension or gratuity has not been granted, or whose pension has ceased under the provisions of this section, obtains a full and proper discharge from the person’s bankruptcy or insolvency, the person’s pension or gratuity or both (as the case may be) are to be restored to the person with effect from the date of the discharge.


document_id: ppa-1978
provision_ref: s16
chapter: PART 3 - MISCELLANEOUS
section: 16
title: Pensions and gratuities to be paid out of Pension Fund
content:
16. There shall be charged on and paid out of the Pension Fund established by the Pension Fund Act 1995 all sums of money payable by way of pension or gratuity in accordance with this Act.


document_id: ppa-1978
provision_ref: s17
chapter: PART 3 - MISCELLANEOUS
section: 17
title: Regulations
content:
17. —(1) The President may make regulations for, or in respect of, all matters which he or she considers necessary or expedient for carrying out or giving effect to the purposes and provisions of this Act. (2) The President may, in making regulations under this section, provide for any Member or class of Members to opt to be superannuated according to the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act 1953, and for the terms and conditions of the option. (3) Any Member who exercises an option in accordance with the regulations made under subsection (2) in respect of any period of his or her reckonable service as a Member is deemed to have become a future Member on the commencement of that period of service. (4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ppa-1978
provision_ref: s18
chapter: PART 3 - MISCELLANEOUS
section: 18
title: Saving
content:
18. —(1) Despite the repeal of the Parliamentary Pensions Act (Cap. 51, 1970 Revised Edition) (called in this section the repealed Act), the provisions of the repealed Act in force immediately before 1 September 1978 are to be construed and have effect as if it had not been repealed by this Act in the case of any person who — ( a ) on 1 September 1978 is in receipt of a pension under the repealed Act; or ( b ) having ceased to be a Member before 1 September 1978 will become eligible for the grant of a pension under the repealed Act when he or she attains 45 years of age. (2) The provisions of this Act do not apply to — ( a ) any person referred to in subsection (1)( a ) whether or not the person is or becomes a Member after 1 September 1978; or ( b ) any person referred to in subsection (1)( b ) unless the person becomes a Member after 1 September 1978. (3) If in the case of a Member who on 1 September 1978 has not less than 9 years’ reckonable service and has attained 45 years of age, the pension that he or she is eligible to receive under section 3 on his or her ceasing to be a Member, together with any pension which he or she is eligible to receive under section 4, is less than the amount of pension which he or she would have been eligible to receive under the repealed Act in respect of his or her reckonable service before that date had he or she ceased to be a Member on that date, his or her pension under section 3 may be increased by the difference between that amount and the pensions which he or she is eligible to receive under sections 3 and 4. (4) Any person who on 1 September 1978 is eligible to receive a pension under section 10 of the repealed Act in respect of his or her reckonable service under that Act if he or she had ceased to hold public office as defined by that section may, when he or she ceases to hold such public office, be granted a pension under the repealed Act in respect of the period of that reckonable service before that date as if the repealed Act had not been repealed by this Act.


document_id: ppaa-2012
provision_ref: s1
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Parliamentary Pensions (Abolition) Act 2012 and, with the exception of sections 5 and 6 and the Schedule, is deemed to have come into operation on 21 May 2011. (2) Sections 5 and 6 and the Schedule are to come into operation on a date that the Minister appoints by notification in the Gazette .


document_id: ppaa-2012
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Member of Parliament” means — ( a ) an elected Member of Parliament within the meaning of Article 39(1)( a ) of the Constitution; ( b ) a non-constituency Member within the meaning of Article 39(1)( b ) of the Constitution; or ( c ) a nominated Member within the meaning of Article 39(1)( c ) of the Constitution; “office” means the office of — ( a ) the Prime Minister; ( b ) a Deputy Prime Minister; ( c ) the Speaker; ( d ) a Senior Minister or a Minister; ( e ) a Senior Minister of State or a Minister of State; ( f ) a Mayor; ( g ) a Senior Parliamentary Secretary or a Parliamentary Secretary; or ( h ) a Political Secretary.


document_id: ppaa-2012
provision_ref: s3
section: 3
title: No parliamentary pension, etc., for service on or after 21 May 2011
content:
3. A pension or gratuity must not be granted under the Parliamentary Pensions Act 1978 to any person in respect of — ( a ) any service on or after 21 May 2011 in Parliament as a Member of Parliament; or ( b ) any service on or after 21 May 2011 in any office.


document_id: ppaa-2012
provision_ref: s4
section: 4
title: No parliamentary pension, etc., granted unless service ceases
content:
4. —(1) A pension or gratuity must not be granted on or after 21 May 2011 under the Parliamentary Pensions Act 1978 to any person in respect of any service in Parliament as a Member of Parliament unless the person — ( a ) has not less than the minimum number of years of reckonable service specified in section 3 of that Act to be eligible for a pension under that section; and ( b ) has ceased at any time thereafter to be a Member of Parliament. (2) A pension or gratuity must not be granted on or after 21 May 2011 under the Parliamentary Pensions Act 1978 to any person in respect of any service in any office unless the person — ( a ) has not less than the minimum number of years of reckonable service specified in section 4 of that Act to be eligible for a pension under that section; and ( b ) has ceased at any time thereafter to be the holder of any office. (3) Where any pension is granted before 21 May 2011 to any office‑holding Member under section 4 of the Parliamentary Pensions Act 1978 by virtue of section 5 of that Act, payment of that pension as a full or reduced pension stops on or after 21 May 2011 and ceases to be payable to that office‑holding Member for the period that he or she remains an office‑holding Member and any such pension paid in contravention of this subsection must be immediately refunded to the Pension Fund; except that at the end of that period when he or she so ceases to hold office — ( a ) all that full or reduced pension which would have been payable, if not for this subsection, between 21 May 2011 and the date he or she so ceases to hold office (both dates inclusive) is then payable in a lump sum (without interest); and ( b ) his or her pension under section 4 of the Parliamentary Pensions Act 1978 is re-computed by adding the period of reckonable service between the date the pension was granted and 20 May 2011 (both dates inclusive) to the period of his or her former reckonable service which had been used in computing his or her pension. (4) To avoid doubt, this section has effect subject to sections 13 and 15 of the Parliamentary Pensions Act 1978. Repeal of Parliamentary Pensions Act 5. —(1) The Parliamentary Pensions Act 1978 is repealed. (2) The provisions of the Schedule shall have effect with respect to the saving and transitional matters on the repeal of the Parliamentary Pensions Act 1978. [7 Consequential amendments to other written laws following repeal 6. —(1) Section 11A(1) of the Parliament (Privileges, Immunities and Powers) Act 1962 is amended by deleting paragraph (b). (2) The Pension Fund Act 1995 is amended — ( a ) by deleting paragraph (a) of the definition of “public service” in section 2; and ( b ) by deleting item 6 of the Schedule. (3) Section 4 of the Public Service (Monthly Variable Component and Non‑pensionable Annual Allowance) Act 1988 is amended — ( a ) by deleting the words “and the Parliamentary Pensions Act”; and ( b ) by deleting the marginal reference “Cap. 219.”. [8


document_id: ppipa-1962
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless inconsistent with the context — “Clerk” means the Clerk of Parliament or other person for the time being lawfully performing the functions of that office; “committee” means a committee of the whole Parliament, or any sessional, select, or other committee of Parliament; “contempt” includes any breach of privilege of Parliament and the commission of any offence mentioned in Part 5; “court” includes an Industrial Arbitration Court established, and any board of inquiry appointed, under the Industrial Relations Act 1960; “journals” means the votes and proceedings of Parliament, the official reports or records of the proceedings thereof, and the minutes or records of the proceedings of any committee; “Member” means a Member of Parliament and shall, where the context so admits, include the Speaker; “officer of Parliament” means the Clerk or any Assistant Clerk of Parliament, the Serjeant‑at‑Arms and such other officers or persons as may be appointed to the staff of Parliament, and includes any person employed temporarily in Parliament and any police officer acting under the orders of the Speaker, the Clerk or the Serjeant‑at‑Arms; “Parliament” includes a committee and, where the context so admits, the place or places appointed under Article 64(2) of the Constitution for holding sessions of Parliament; “police officer” has the same meaning as in the Police Force Act 2004; “Speaker” means the Speaker and, in his absence, the Deputy Speaker of Parliament and includes any other Member when such other Member is presiding at a sitting of Parliament or a committee of the whole Parliament; “Standing Orders” means the Standing Orders of Parliament for the time being in force; “stranger” means any person who is not a Member or officer of Parliament. [4/2021]


document_id: ppipa-1962
provision_ref: s3
chapter: PART 2 - GENERAL
section: 3
title:
Privileges, immunities and powers to be same as those of Commons House of Parliament of United Kingdom

content:
3. —(1) The privileges, immunities and powers of Parliament and of the Speaker, Members and committees of Parliament shall be the same as those of the Commons House of Parliament of the United Kingdom and of its Speaker, Members or committees at the establishment of the Republic of Singapore. (2) Such privileges, immunities and powers shall for all purposes be construed and have effect as if those privileges, immunities and powers were prescribed by this Act, and it shall not be necessary in any proceedings to plead the same but the same shall be judicially noticed in all the courts. (3) Subject to the provisions of this Act, upon any inquiry touching the privileges, immunities and powers of Parliament or of the Speaker or of any Member or committee, any copy of the Journals of the Commons House of Parliament of the United Kingdom, or of any record or official report of the proceedings or debates thereof or of any committee thereof, which has been printed or purports to have been printed by the order or by the printer of the Commons House aforesaid, shall be admitted as evidence in all courts and places without proof of its being such copy or that such copy was so printed.


document_id: ppipa-1962
provision_ref: s4
chapter: PART 2 - GENERAL
section: 4
title: Other provisions of this Act not in derogation of section 3
content:
4. Nothing in this Act shall be construed in any way as derogating from the provisions of section 3 and the powers conferred on Parliament by other provisions of this Act shall be in addition to the powers conferred by that section.


document_id: ppipa-1962
provision_ref: s5
chapter: PART 2 - GENERAL
section: 5
title: Freedom of speech and debate and proceedings
content:
5. There shall be freedom of speech and debate and proceedings in Parliament, and such freedom of speech and debate and proceedings shall not be liable to be impeached or questioned in any court, commission of inquiry, committee of inquiry, tribunal or any other place whatsoever out of Parliament. [43/2007]


document_id: ppipa-1962
provision_ref: s6
chapter: PART 3 - PRIVILEGES AND IMMUNITIES
section: 6
title: Exemption from liability in certain cases
content:
6. —(1) No Member shall be liable to any civil or criminal proceedings, arrest, imprisonment or damages by reason of any matter or thing which he may have brought before Parliament or a committee by petition, bill, resolution, motion, or otherwise or may have said in Parliament or in committee. (2) No person shall be liable to any civil or criminal proceedings, arrest, imprisonment or damages by reason of any act done under the authority of Parliament or the Speaker and within its or his legal powers or under any warrant issued by virtue of those powers.


document_id: ppipa-1962
provision_ref: s7
chapter: PART 3 - PRIVILEGES AND IMMUNITIES
section: 7
title: Protection of Parliamentary publications
content:
7. —(1) Any person being a defendant in any civil or criminal proceedings instituted for or on account or in respect of the publication by such person or by his employee, by order or under the authority of Parliament or any committee, of any reports, papers or journals may on giving to the claimant or prosecutor, as the case may be, 24 hours’ written notice of his intention, bring before the court in which the civil or criminal proceedings are being held a certificate under the hand of the Speaker or of the Clerk stating that the reports, papers or journals in respect whereof the civil or criminal proceedings have been instituted were published by that person or by his employee by order or under the authority of Parliament or any committee. [Act 25 of 2021 wef 01/04/2022] (2) The court shall thereupon immediately stay the civil or criminal proceedings, and the same and every process issued therein shall be deemed to be finally determined.


document_id: ppipa-1962
provision_ref: s8
chapter: PART 3 - PRIVILEGES AND IMMUNITIES
section: 8
title: Publication of proceedings without malice
content:
8. In any civil or criminal proceedings instituted for printing or publishing any extract from or abstract of any report, paper or journal as in section 7 mentioned, if the court is satisfied that the extract or abstract was printed or published bona fide and without malice, judgment shall be entered for the defendant or accused.


document_id: ppipa-1962
provision_ref: s9
chapter: PART 3 - PRIVILEGES AND IMMUNITIES
section: 9
title: Exemption from certain duties
content:
9. —(1) It shall not be lawful — ( a ) to require any Member or officer of Parliament to serve as an assessor on any tribunal; or ( b ) while in attendance on Parliament or any committee, to compel such person to attend as a witness in any court or tribunal or at any commission of inquiry or committee of inquiry or before any like authority empowered to summon witnesses. [43/2007] (2) The production of a certificate signed by the Speaker or the chairman of the committee shall be deemed sufficient proof of attendance on Parliament or the committee.


document_id: ppipa-1962
provision_ref: s10
chapter: PART 3 - PRIVILEGES AND IMMUNITIES
section: 10
title: Freedom from arrest in civil proceedings
content:
10. Except for a contravention of this Act, no Member shall be liable to arrest, detention or molestation in respect of any matter which may be the subject of any civil proceedings while proceeding to, or in attendance at, or returning from, any sitting of Parliament or any committee.


document_id: ppipa-1962
provision_ref: s11
chapter: PART 3 - PRIVILEGES AND IMMUNITIES
section: 11
title: Legal process not to be served or executed within precincts of Parliament
content:
11. Notwithstanding anything in any written law and except in respect of a contravention of this Act, no civil or criminal process may be served or executed — ( a ) in Parliament or in the precincts thereof while Parliament is sitting; or ( b ) in any room in Parliament while a committee is sitting therein.


document_id: ppipa-1962
provision_ref: s11A
chapter: PART 3 - PRIVILEGES AND IMMUNITIES
section: 11A
title: Gratuity upon death or incapacity of Member
content:
11A. —(1) Where at any time after 20 May 2011 — ( a ) a Member dies while serving as a Member; or ( b ) a Member, having opted under section 7 of the Parliamentary Pensions Act 1978 to receive a full pension without any gratuity, dies within one year of his pension taking effect, there may be paid to such of his dependants as the President may think fit or, if there are no dependants, to his legal personal representatives a gratuity in accordance with this section (referred to in this section as the death gratuity). [21/2012] (2) In the case of a pensionable Member who has 9 or more years of reckonable service as a Member, the death gratuity shall be an amount as follows: ( a ) if he never held any office, or if he had previously held office but was not holding any office at the time of his death and has less than 8 years’ reckonable service as an office‑holding Member (whether continuously or not) — an amount equal to one of the following sums, whichever is the higher: (i) the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death; (ii) the Member’s commuted sum in respect of his reckonable service as a Member; ( b ) if he is holding office at the time of his death and has 8 or more years’ reckonable service as an office‑holding Member (whether continuously or not) — an amount that is the balance after deducting any sums already received by him by way of pension or gratuity under the Parliamentary Pensions Act 1978 during his lifetime from one of the following sums, whichever is the higher: (i) the total amount by adding the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death and the annual equivalent of the monthly rate of salary received by the Member as a holder of that office immediately before his death; (ii) the aggregate of the Member’s commuted sum and office‑holder’s commuted sum in respect of his reckonable service as a Member and as a holder of any office, respectively; ( c ) if he is holding office at the time of his death but has less than 8 years’ reckonable service as an office‑holding Member (whether continuously or not) — an amount equal to one of the following sums, whichever is the higher: (i) the total amount by adding the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death and the annual equivalent of the monthly rate of salary received by the Member as a holder of that office immediately before his death; (ii) the Member’s commuted sum in respect of his reckonable service as a Member; and ( d ) if he had previously held office but was not holding any office at the time of his death and has 8 or more years’ reckonable service as an office-holding Member (whether continuously or not) — an amount that is the balance after deducting any sums already received by him by way of pension or gratuity under the Parliamentary Pensions Act 1978 during his lifetime from one of the following sums, whichever is the higher: (i) the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death; (ii) the aggregate of the Member’s commuted sum and office‑holder’s commuted sum in respect of his reckonable service as a Member and as a holder of any office, respectively. [21/2012] (3) In the case of a non-pensionable Member, the death gratuity shall be an amount as follows: ( a ) if he has never held any office — an amount equal to the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death; ( b ) if he holds an office at the time of his death and has 8 or more years’ reckonable service as an office‑holding Member (whether continuously or not) — an amount that is the balance after deducting any sums already received by him by way of pension or gratuity under the Parliamentary Pensions Act 1978 during his lifetime from one of the following sums, whichever is the higher: (i) the annual equivalent of the monthly rate of salary received by the Member as a holder of that office immediately before his death; (ii) the office-holder’s commuted sum in respect of his reckonable service as a holder of any office; ( c ) if he holds an office at the time of his death but has less than 8 years’ reckonable service as an office‑holding Member (whether continuously or not) — an amount equal to the annual equivalent of the monthly rate of salary received by the Member as a holder of that office immediately before his death; ( d ) if he had previously held office but was not holding any office at the time of his death and has 8 or more years’ reckonable service as an office-holding Member (whether continuously or not) — an amount that is the balance after deducting any sums already received by him by way of pension or gratuity under the Parliamentary Pensions Act 1978 during his lifetime from one of the following sums, whichever is the higher: (i) the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death; (ii) the office-holder’s commuted sum in respect of his reckonable service as a holder of any office; and ( e ) if he had previously held office but was not holding any office at the time of his death and has less than 8 years’ reckonable service as an office‑holding Member (whether continuously or not) — an amount equal to the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death. [21/2012] (4) There shall be charged on and paid out of the Pension Fund established by the Pension Fund Act 1995 all sums of money payable by way of death gratuity in accordance with this section. [21/2012] (5) Any death gratuity granted under this section shall not be assignable or transferable except for the purpose of satisfying a debt due to the Government or an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child (whether legitimate or not) of the person to whom the death gratuity has been granted, and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatever except a debt due to the Government. [21/2012] (6) In this section — “annual salary”, in relation to a Member, means — ( a ) the annual equivalent of the highest monthly rate of salary received by the Member during any period of his reckonable service as a Member, if reckoning a Member’s commuted sum for that Member; or ( b ) the annual equivalent of the highest monthly rate of salary received by the Member during any period of reckonable service as a holder of any office, if reckoning an office‑holder’s commuted sum for that Member; “Member’s commuted sum”, in relation to a Member, means a capital sum ascertained by multiplying the commutation factor of 175.14 by the lower of the following amounts: ( a ) two-thirds ( 2 / 3 ) of his annual salary as a Member; ( b ) the total amount that is determined by adding — (i) in respect of every completed year of reckonable service, one‑thirtieth ( 1 / 30 ) part of his annual salary; and (ii) in respect of any remaining uncompleted year of reckonable service, one‑three‑hundred and sixtieth ( 1 / 360 ) part of his annual salary for each completed month of reckonable service; “monthly rate of salary” excludes all non-pensionable allowances; “non-pensionable allowances” means — ( a ) the Variable Bonus which was paid for the years 1988 to 1991; ( b ) the Annual Variable Component which is payable for the year 1992 and subsequent years; and ( c ) the Non-Pensionable Variable Payment which is payable monthly for the year 1993 and subsequent years; “non-pensionable Member” means a person — ( a ) who, being an elected Member on 1 January 1995, has exercised in respect of his reckonable service as a Member on or after that date, an option to convert to the provident fund scheme applicable to non‑pensionable employees of the Government under the Central Provident Fund Act 1953; ( b ) who becomes, by election or appointment, a Member at any time after 1 January 1995 without previously having been, before or after that date, a Member or an office‑holding Member; ( c ) who, having been a Member before 1 January 1995 but not being a Member on that date, becomes, by election or appointment, a Member at any time after that date; ( d ) who, being an elected Member on 1 January 1995, becomes — (i) a non-constituency Member or nominated Member at any time after that date with or without a break in his service as a Member; or (ii) an elected Member at any time after that date with a break in his service as a Member after that date, and for the purposes of this paragraph, a Member’s service shall be deemed not broken but continuous if, following the dissolution of Parliament or his seat therein becoming vacant under the provisions of the Constitution, he is elected as a Member at the ensuing general election or the ensuing by‑election to fill that vacancy; “office” means the office of — ( a ) the Prime Minister; ( b ) a Deputy Prime Minister; ( c ) the Speaker; ( d ) a Senior Minister or a Minister; ( e ) a Senior Minister of State or a Minister of State; ( f ) a Mayor; ( g ) a Senior Parliamentary Secretary or a Parliamentary Secretary; or ( h ) a Political Secretary; “office-holder’s commuted sum”, in relation to a Member, means a capital sum ascertained by multiplying the commutation factor of 175.14 by the lower of the following amounts: ( a ) two-thirds ( 2 / 3 ) of the highest annual salary of any office held by a Member; ( b ) the total amount that is determined by adding — (i) in respect of every completed year of reckonable service in any office, or where he has served in more than one office in each office, one‑twenty‑seventh ( 1 / 27 ) part of his annual salary in that office; and (ii) in respect of any remaining uncompleted year of reckonable service in any office, or where he has served in more than one office in each office, one‑three‑hundred and twenty‑fourth ( 1 / 324 ) part of his annual salary for each completed month of reckonable service in that office; “pensionable Member” means a Member other than a non‑pensionable Member; “reckonable service” means — ( a ) in relation to service as a Member — service in Parliament as a Member of Parliament on and after 3 June 1959 but not after 20 May 2011; and ( b ) in relation to service in any office — service in that office on and after 3 June 1959 but not after 20 May 2011. [21/2012] (7) The President may, by order published in the Gazette , vary the commutation factor referred to in subsection (6). [21/2012] (8) For the avoidance of doubt, no person shall have an absolute right to any death gratuity under this section. [21/2012]


document_id: ppipa-1962
provision_ref: s12
chapter: PART 4 - POWERS
section: 12
title: Power to order the attendance of persons
content:
12. Parliament and any committee which is duly authorised by the Standing Orders or by a resolution of Parliament to send for persons, papers and records may order any person to attend before Parliament or before the committee, and to produce any paper, book, record or document in the possession or under the control of that person.


document_id: ppipa-1962
provision_ref: s13
chapter: PART 4 - POWERS
section: 13
title: Attendance of persons to be notified by summons
content:
13. —(1) An order to attend or to produce any paper, book, record or document before Parliament or before any committee shall be notified to the person required to attend or produce such paper, book, record or document by a summons under the hand of the Clerk issued by direction of the Speaker. (2) In every such summons there shall be stated the time when and the place where the person summoned is required to attend and the particular documents which he is required to produce. (3) The summons referred to in subsection (2) shall be served on the person mentioned therein either by delivering to him a copy thereof or by leaving a copy thereof at his usual or last known place of abode in Singapore with some adult person. (4) Such summons may be served by an officer of Parliament or by a police officer.


document_id: ppipa-1962
provision_ref: s14
chapter: PART 4 - POWERS
section: 14
title: Witnesses may be examined on oath or affirmation
content:
14. Parliament or a committee may — ( a ) require that any facts, matters and things relating to the subject of inquiry before Parliament or the committee be verified or otherwise ascertained by the oral examination of witnesses; and ( b ) cause the witnesses to be examined upon oath, or if the witnesses so desire, upon affirmation, which the Speaker or the Clerk or the chairman of the committee or the clerk to the committee may administer.


document_id: ppipa-1962
provision_ref: s15
chapter: PART 4 - POWERS
section: 15
title: Objections to answer questions or to produce papers to be reported to Parliament for decision
content:
15. If any person ordered to attend or to produce any paper, book, record or document before Parliament or before any committee refuses to answer any question that may be put to him or to produce any such paper, book, record or document on the ground that the same is of a private nature and does not affect the subject of inquiry, the Speaker or the chairman of the committee, as the case may be, may — ( a ) excuse the answering of that question or the production of that paper, book, record or document, or may order the answering or production thereof; or ( b ) report to Parliament such refusal with the reason therefor and Parliament may direct the Speaker or chairman to take such action as it considers proper.


document_id: ppipa-1962
provision_ref: s16
chapter: PART 4 - POWERS
section: 16
title: Privilege of witnesses
content:
16. —(1) No public officer shall be required — ( a ) to produce before Parliament any paper, book, record or other document; or ( b ) to give before Parliament evidence on any matter, if the President certifies that the paper, book, record or other document or the evidence relates to affairs of State and that the public interest would suffer by the production thereof. (2) Every person summoned to attend to give evidence or to produce any paper, book, record or other document before Parliament shall be entitled in respect of such evidence or the disclosure of any communication or the production of any such paper, book or record or other document to the same privilege as before a court of law. (3) Sections 125 and 126 of the Evidence Act 1893 shall not be applicable in any case where a public officer is so summoned to attend before Parliament.


document_id: ppipa-1962
provision_ref: s17
chapter: PART 4 - POWERS
section: 17
title: Immunity of witness in respect of evidence
content:
17. —(1) Without prejudice to section 16 and subject to subsection (3), no person who gives evidence before Parliament or any committee shall be liable to any civil or criminal proceedings, arrest, imprisonment or damages by reason of anything which he may have said in such evidence. (2) Except in proceedings referred to in subsection (3), no statement made by any person in evidence before Parliament or any committee shall be admissible in evidence against that person in any civil or criminal proceedings or in any court. (3) Nothing in subsections (1) and (2) shall prevent or be deemed to prevent the institution or maintenance of any proceedings against any person for an offence under section 191 of the Penal Code 1871 or for any offence under this Act in respect of any evidence given by him before Parliament or any committee.


document_id: ppipa-1962
provision_ref: s18
chapter: PART 4 - POWERS
section: 18
title: Powers of Parliament in regard to strangers
content:
18. Parliament may — ( a ) exclude any stranger or officer of Parliament from any sitting; and ( b ) regulate the admission of strangers to any sitting.


document_id: ppipa-1962
provision_ref: s19
chapter: PART 4 - POWERS
section: 19
title: Powers of Parliament in regard to its Members
content:
19. Without prejudice to sections 20 and 21, Parliament may in accordance with its Standing Orders suspend any Member from the service of Parliament for the remainder of the current session or for any part thereof.


document_id: ppipa-1962
provision_ref: s20
chapter: PART 4 - POWERS
section: 20
title: Punitive powers of Parliament
content:
20. —(1) For any dishonourable conduct, abuse of privilege or contempt, on the part of a Member, Parliament may — ( a ) commit him to prison for a term not extending beyond the current session of Parliament; ( b ) impose upon him a fine not exceeding the sum of $50,000; ( c ) suspend him from the service of Parliament for the remainder of the current session of Parliament or for any part thereof; and ( d ) direct that he be reprimanded or admonished in his place by the Speaker. (2) Where a Member has been found guilty of abuse of privilege in respect of anything said in Parliament by him, Parliament may, by resolution and without prejudice to its powers under subsection (1), suspend him for such period as may be specified in the resolution from the privileges and immunities conferred by sections 3, 5 and 6 insofar as they relate to liability to civil proceedings. (3) During the period specified under subsection (2) such privileges and immunities shall cease to apply to the Member who shall be liable to civil proceedings in respect of anything said by him in, or any written statement made by him to, Parliament. (4) For any contempt on the part of a stranger, Parliament may — ( a ) commit him to prison for a term not extending beyond the current session of Parliament; ( b ) impose upon him a fine not exceeding the sum of $50,000; ( c ) exclude him from Parliament and the precincts thereof for the remainder of the current session of Parliament or for any part thereof; and ( d ) direct that he be reprimanded or admonished at the Bar of the House by the Speaker.


document_id: ppipa-1962
provision_ref: s21
chapter: PART 4 - POWERS
section: 21
title: Procedure in cases of contempt
content:
21. —(1) If it is alleged or appears that any person has committed any offence mentioned in section 20, Parliament may — ( a ) if the offence is alleged to have been or has apparently been committed in the view of Parliament or in the precincts thereof when Parliament is sitting or in any committee, deal with the matter summarily, and, if satisfied that the person is guilty of the offence, inflict all or any of the punishments provided in section 20; ( b ) refer the matter to any select committee for investigation, consideration and report to Parliament; or ( c ) if the offence is an offence mentioned in Part 5, refer the matter to the Public Prosecutor with a view to the institution of criminal proceedings against the person. [15/2010] (2) If, on the report of the select committee to which a matter has been referred under subsection (1)( b ), Parliament is satisfied that any person is guilty of any offence mentioned in section 20, Parliament may inflict upon such person all or any of the punishments provided in section 20 and also in the case of a Member expel him. (3) Notwithstanding subsection (1) and the Standing Orders, if it appears to the Speaker that any Member or stranger has committed any contempt in the view of Parliament or a committee, the Speaker may deal with the matter summarily and, if satisfied that the Member or stranger is guilty of the contempt, inflict all or any of the punishments provided in section 20. (4) Any decision of the Speaker under subsection (3) shall take immediate effect but Parliament may by resolution annul or vary the decision. (5) In determining the punishment for contempt by any person, Parliament or the Speaker, acting under subsection (3), may take into consideration any previous contempt committed by that person. (6) For the purposes of this section and section 30(2), “Speaker” includes the chairman of any committee.


document_id: ppipa-1962
provision_ref: s22
chapter: PART 4 - POWERS
section: 22
title: Punishment in one session or Parliament in respect of offences committed in another
content:
22. —(1) Nothing in this Act shall be taken to prohibit Parliament from punishing in one session or in one Parliament offences which have been committed in the preceding session or in the last session of the preceding Parliament. (2) In the event of the prorogation or dissolution of Parliament, Parliament shall not take cognizance of any offence committed by a Member unless complaint thereof has been lodged by way of motion or reference to a committee within 21 days of the date of the commencement of the next Parliament. (3) Where Parliament considers that an offender has not been punished or not been sufficiently punished in one session or in one Parliament by reason of the ending of a session he may again be dealt with in the next session or, if Parliament is dissolved in the same session, in the first session of the next Parliament.


document_id: ppipa-1962
provision_ref: s23
chapter: PART 4 - POWERS
section: 23
title: Recovery of fine
content:
23. —(1) Any fine imposed by Parliament under the provisions of this Act shall be paid into the Consolidated Fund. (2) The Attorney-General may recover in any civil court of competent jurisdiction any such fine as though the fine were a judgment debt due to the Government, and any sums recovered shall be paid into the Consolidated Fund.


document_id: ppipa-1962
provision_ref: s24
chapter: PART 4 - POWERS
section: 24
title: Power to order attendance of offenders
content:
24. Parliament may order any person guilty of an offence to attend before Parliament to be informed of or to receive any punishment which Parliament has decided to inflict upon him.


document_id: ppipa-1962
provision_ref: s25
chapter: PART 4 - POWERS
section: 25
title: Attendance of offenders to be notified by summons
content:
25. —(1) An order to attend before Parliament to be informed of or to receive any punishment which Parliament has decided to inflict upon any person shall be notified to the person by a summons under the hand of the Clerk issued by the direction of the Speaker. (2) In every such summons there shall be stated the time when and the place where the person summoned is required to attend. (3) The summons referred to in subsection (2) shall be served on the person mentioned therein either by delivering to him a copy thereof or by leaving a copy thereof at his usual or last known place of abode in Singapore with some adult person. (4) Such summons may be served by an officer of Parliament or by a police officer.


document_id: ppipa-1962
provision_ref: s26
chapter: PART 4 - POWERS
section: 26
title: Arrest of defaulters
content:
26. —(1) If a person to whom a summons under section 13 or 25 is directed does not attend at the time and place mentioned therein, the Speaker may, upon being satisfied that the summons was duly served, issue a warrant to apprehend him and to bring him, at a time to be stated in the warrant, before Parliament or the committee. (2) A warrant issued under this section shall be deemed to have been issued and shall be executed by a police officer in the same manner as a warrant issued under the provisions of the Criminal Procedure Code 2010. (3) The Speaker on issuing a warrant under this section may, if he thinks fit, by endorsement on the warrant, direct that the person named in the warrant be released after arrest on his entering into such a recognisance before a Magistrate for his appearance before Parliament or the committee as may be required in the endorsement. (4) Any person so arrested shall be brought before Parliament as soon as possible and until so brought or until released under subsection (3) or by order of the Speaker, shall be detained in any prison.


document_id: ppipa-1962
provision_ref: s27
chapter: PART 4 - POWERS
section: 27
title: Arrest without warrant of persons disturbing proceedings
content:
27. —(1) The Speaker may order the arrest by an officer of Parliament or a police officer without warrant of any person who creates or joins in any disturbance in Parliament or in the precincts or vicinity thereof when Parliament is sitting. (2) Any person arrested under subsection (1) may be detained in the custody of an officer of Parliament until the rising of Parliament or until Parliament has dealt with the matter under section 21.


document_id: ppipa-1962
provision_ref: s28
chapter: PART 4 - POWERS
section: 28
title: Strangers may be removed on order of Speaker
content:
28. The Speaker may at any time order any stranger to withdraw from Parliament and the precincts thereof, and if that person fails to obey such an order he may be forcibly removed from Parliament and the precincts thereof by an officer of Parliament or a police officer.


document_id: ppipa-1962
provision_ref: s29
chapter: PART 4 - POWERS
section: 29
title: Suspended Member excluded from Parliament and not paid salary
content:
29. —(1) A Member who has been suspended from the service of Parliament shall withdraw from Parliament and the precincts thereof and shall not enter or remain therein while such suspension remains in force. (2) If any such Member is found within Parliament or the precincts thereof in contravention of subsection (1), he may be forcibly removed therefrom by an officer of Parliament or a police officer. (3) No salary or allowance payable to such Member for his service as a Member of Parliament shall be paid in respect of any period during which he is suspended from the service of Parliament.


document_id: ppipa-1962
provision_ref: s30
chapter: PART 4 - POWERS
section: 30
title: Power of Speaker to issue warrants for arrest and imprisonment
content:
30. —(1) For the purpose of exercising the power of committal to prison, Parliament may, by resolution, authorise the Speaker to issue a warrant under his hand for the arrest and imprisonment of the offender. (2) Where the Speaker exercises his power under section 21(3) to deal summarily with any contempt committed in the view of Parliament or a committee, the Speaker may on his own motion where, in his opinion, the circumstances of the case so require immediately issue a warrant for the arrest and imprisonment of the offender. (3) The warrant referred to in subsection (2) shall have the same effect as a warrant issued under the authority of Parliament. (4) A warrant issued under this section shall be executed by a police officer. (5) Where the warrant directs that the offender be detained in prison, the Commissioner of Prisons shall receive the offender into his custody and detain him in accordance with the warrant. [1/2014] (6) It shall be lawful for any person charged with or assisting in the execution of any warrant issued under this section to enter and search any premises, vessel, aircraft, vehicle or train in which the offender may be, or may reasonably be suspected of being, concealed.


document_id: ppipa-1962
provision_ref: s31
chapter: PART 5 - OFFENCES AND PENALTIES
section: 31
title: Offences
content:
31. No person shall — ( a ) wilfully fail or refuse to obey any rule or order of Parliament or a committee, or any order of the Speaker duly made under the Standing Orders or this Act; ( b ) fail without just cause to comply with any summons issued in terms of section 13 or 25; ( c ) assault, hinder, obstruct or insult the Speaker or any Member coming to or going from Parliament on account of his conduct in Parliament or of anything done or said by him in Parliament; ( d ) endeavour to compel any Member by force, insult or menace to declare himself in favour of or against any proposition or matter pending or expected to be brought before Parliament; ( e ) assault, threaten, insult, interfere with, obstruct or resist any officer of Parliament while in the execution of his duty; ( f ) threaten or send a threatening letter to the Speaker or a Member or challenge him to a fight on account of his conduct in Parliament or of anything done or said by him in Parliament; ( g ) publish any statement, whether in writing or otherwise, which falsely or scandalously defames, or which reflects on the character of, the Speaker or any Member touching on his conduct in Parliament or anything done or said by him in Parliament; ( h ) publish wilfully any false or perverted report or any writing containing a gross or scandalous misrepresentation of any debate or proceedings of Parliament, or of any speech of a Member in Parliament; ( i ) publish any report of any debate or proceedings of a committee or of any evidence given or any document presented to the committee or extracts from such documents, before the committee has presented its report to Parliament; ( j ) publish any report or statement purporting to be a report of any debate or proceedings of Parliament in any case where the proceedings have been conducted after exclusion by order of Parliament of strangers or officers of Parliament or where such publication has been expressly prohibited by order of Parliament; ( k ) publish any statement, whether in writing or otherwise, which falsely or scandalously defames the proceedings or the character of Parliament; ( l ) create or join in any disturbance in Parliament or in the precincts or vicinity thereof while Parliament or a committee is sitting; ( m ) refuse to be examined before or to answer any lawful or relevant question put by or to produce any paper, book, record or document in his possession or under his control required by Parliament or any committee unless the refusal is based on privilege or is excused; ( n ) prevaricate or otherwise misconduct himself as a witness before Parliament or a committee; ( o ) present to Parliament or a committee any false, untrue, fabricated or falsified document with intent to deceive Parliament or a committee; ( p ) tamper with, deter, threaten, beguile or in any way unduly influence any witness in regard to his evidence before Parliament or a committee; ( q ) whether or not he has been sworn or has made an affirmation, wilfully make a false answer to any question material to the subject of inquiry put during examination before Parliament or a committee; or ( r ) when Parliament is sitting and meeting under continuity arrangements made under Article 64A of the Constitution, knowingly or rashly do any act that interferes or is likely to interfere with the means by which Members located at different places contemporaneously communicate with one another. [4/2021]


