# legal_provisions

document_id: ppipa-1962
provision_ref: s32
chapter: PART 5 - OFFENCES AND PENALTIES
section: 32
title: Member to disclose pecuniary interest
content:
32. A Member shall not in or before Parliament or any committee take part in the discussion of any matter in which he has a direct personal pecuniary interest without disclosing the extent of that interest and shall not in any circumstances vote upon any such matter.


document_id: ppipa-1962
provision_ref: s33
chapter: PART 5 - OFFENCES AND PENALTIES
section: 33
title: Evidence of proceedings in Parliament or committee not to be given without leave
content:
33. —(1) No Member or officer of Parliament and no person employed to take minutes of evidence before Parliament or any committee shall give evidence elsewhere in respect of the contents of such evidence or of the contents of any manuscript or document laid before Parliament or any committee or in respect of any proceedings or examination had before Parliament or before any committee without the special leave of Parliament first had and obtained. (2) Such special leave may be given after a dissolution or during a recess or adjournment by the Speaker or, in his absence or other incapacity, by the Clerk.


document_id: ppipa-1962
provision_ref: s34
chapter: PART 5 - OFFENCES AND PENALTIES
section: 34
title: Printing or publishing false copy of laws, etc.
content:
34. Any person who prints or publishes or causes to be printed or published a copy of any law or Act now or hereafter in force, or a copy of any report, paper or journal of Parliament or of any committee as purporting to have been printed or published by the Government Printer, or by or under the authority of Parliament or any committee, or of the Speaker, which is not so printed or published, or tenders in evidence any such copy as purporting to be so printed or published, knowing that the same was not so printed or published, shall be guilty of an offence. [Act 5 of 2025 wef 09/03/2025]


document_id: ppipa-1962
provision_ref: s35
chapter: PART 5 - OFFENCES AND PENALTIES
section: 35
title: Certain fees, gifts, etc., prohibited
content:
35. —(1) No person shall offer any fee, gift, compensation, profit, reward, loan, consideration or other advantage whatsoever — ( a ) to the Speaker or any Member or officer of Parliament either directly or through any person for or in respect of the promotion of or opposition to any bill, resolution, matter or thing submitted or intended to be submitted for the consideration of Parliament or any committee or otherwise with a view to influencing him in his capacity as Speaker, Member or officer of Parliament; or ( b ) to any person in order to obtain his services for the purpose of influencing the Speaker or any Member or officer of Parliament in respect of or in regard to anything connected with any matter mentioned in paragraph ( a ). (2) Any person mentioned in subsection (1)( a ) or ( b ) who demands or accepts any such fee, gift, compensation, profit, reward, loan, consideration or other advantage shall be guilty of an offence. (3) On the conviction of any person for an offence under this section the court shall in addition to any penalty which it may impose in terms of section 36(1)( a ) order that the value of the fee, gift, compensation, profit, reward, loan, consideration or other advantage, which is the subject of the offence, shall be paid by the recipient into the Consolidated Fund.


document_id: ppipa-1962
provision_ref: s36
chapter: PART 5 - OFFENCES AND PENALTIES
section: 36
title: General offences and penalties
content:
36. —(1) Any person who contravenes any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction — ( a ) for a contravention of section 35, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both; ( b ) for a contravention of section 31( d ), ( o ), ( p ) or ( q ), to a fine not exceeding $7,000 or to imprisonment for a term not exceeding 3 years or to both; and ( c ) for a contravention of any other provision of this Act, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. (2) Any person who attempts to contravene any provision of this Act or abets the contravention of any such provision shall be guilty of an offence and shall be liable on conviction to the penalty to which he would have been liable for a contravention of the provision itself.


document_id: ppipa-1962
provision_ref: s37
chapter: PART 5 - OFFENCES AND PENALTIES
section: 37
title: Restriction on prosecution
content:
37. No prosecution shall be instituted in any court for an offence under this Act unless the matter giving rise to that prosecution has been referred to the Public Prosecutor under section 21(1). [15/2010]


document_id: ppipa-1962
provision_ref: s38
chapter: PART 6 - MISCELLANEOUS
section: 38
title: Powers of Speaker supplementary to powers otherwise conferred
content:
38. The powers of the Speaker conferred by this Act shall be supplementary to any powers conferred on him by the Constitution or by Standing Orders.


document_id: ppipa-1962
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS
section: 39
title: Speaker to act notwithstanding prorogation or dissolution of Parliament
content:
39. For the purposes of this Act, the person who fills the office of Speaker at the time of prorogation or dissolution of Parliament shall be deemed to be the Speaker until Parliament is again summoned or until another person has been elected Speaker in accordance with the provisions of the Constitution.


document_id: ppipa-1962
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS
section: 40
title: Journals to be admitted as evidence
content:
40. Upon any inquiry touching the privileges, immunities and powers of Parliament, the Speaker, any Member or any committee, any copy of the journals printed or published or purporting to be printed or published by the order of Parliament or by the Government Printer shall be admitted as evidence of such journals in all courts and places without proof of its being such copy or that such copy was so printed or published. [Act 5 of 2025 wef 09/03/2025]


document_id: ppptia-2019
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Point-to-Point Passenger Transport Industry Act 2019. (2) Section 57 comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: ppptia-2019
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. In this Act, unless the context otherwise requires — “applicant” means an applicant for or to renew a licence; “authorised driver” means an individual — ( a ) with a relevant vocational driving authorisation who drives a public service vehicle to transport passengers for hire or reward in the provision of a passenger transport service; or ( b ) who is exempt under section 142 of the Road Traffic Act 1961 from requiring a relevant vocational driving authorisation to drive a public service vehicle to transport passengers for hire or reward; “authorised officer”, for any provision of this Act, means an officer or employee of the LTA who is appointed as an authorised officer under section 8 for the purposes of that provision; “business” includes any business, whether or not carried on for profit and whether or not its primary function is connected with point‑to‑point passenger transport services; “chief executive officer”, in relation to a licensee, means an individual (by whatever name described) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the licensee; and ( b ) is principally responsible for the management and conduct of the business of the licensee insofar as it relates to providing a street‑hail service or a ride‑hail service, as the case may be, and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer; “code of practice” means a code of practice issued or approved by the LTA under section 30, and includes any such code of practice as amended from time to time under that section; “corporation” means any body corporate formed or incorporated or existing in Singapore or outside Singapore and includes any foreign company within the meaning given by the Companies Act 1967; “director” has the meaning given by section 4(1) of the Companies Act 1967; “emergency directive” means a directive given under section 32; “exempt ride-hail operator order” means an order made under section 24, and as varied under section 26; “exempt ride‑hail service operator” means a person to which an exempt ride‑hail operator order applies; “fare” means the consideration paid or given for the use of a passenger transport service, whether or not it is paid or given to the provider of a ride‑hail service or street‑hail service, a driver or any other person; Examples ( a ) The price payable for the passenger transport service. ( b ) A discount, concession, allowance, rebate or credit applying in relation to the price payable for that service. ( c ) A booking fee for a ride‑hail service. “granted” or “grant”, for a licence, includes granted or grant on renewal and deemed granted; “hirer” includes a prospective hirer of a motor vehicle; “individual with disability” means an individual who has a mental disability, an impairment of hearing or sight, or an impairment which limits his or her ability to walk or restricts him or her to using a wheelchair; “licence” means a licence granted under this Act; “licensee” means a person to whom a licence is granted under this Act; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995; “modification” or “modify”, in relation to the conditions of a licence, includes deleting or varying and substituting a condition, and adding a condition; “motor vehicle” means a vehicle that is built to be propelled on a road wholly or in part by a motor that forms part of the vehicle, but does not include a mobility scooter, motorised wheelchair, power‑assisted bicycle or personal mobility device within the respective meanings given by the Active Mobility Act 2017; “officer”, in relation to an applicant or exempt ride‑hail service operator or a licensee, means — ( a ) where the applicant, operator or licensee is a body corporate — an individual for the time being holding the office of chairperson, director, chief executive officer or company secretary (as the case may be) of the body or any position analogous to any of those offices; ( b ) where the applicant, operator or licensee is a partnership (including a limited partnership) — a partner of the partnership; or ( c ) where the applicant, operator or licensee is an unincorporated association — an individual for the time being holding the office of president, secretary or treasurer (as the case may be) of the committee of the unincorporated association, or any position analogous to any of those offices, and includes any person carrying out the duties of any such office referred to in paragraph ( a ), ( b ) or ( c ) if the office is vacant; “partner”, in relation to a limited partnership, includes a limited partner in the limited partnership; “passenger” includes a prospective passenger; “passenger transport service” means a service involving the transport by a motor vehicle of passengers within, or partly within, Singapore for hire or reward, but does not include a service that provides transport by a motor vehicle that is generally conducted on land that is not a road; “point‑to‑point passenger transport service” means — ( a ) a ride‑hail service; or ( b ) a street‑hail service; “premises” means a building or structure (whether permanent or temporary) or part of such a building or structure, and includes any immediately adjoining space or land necessary for access to, or the enjoyment of occupants of, the building or structure; “provide a point‑to‑point passenger transport service” means providing in the course of business a point‑to‑point passenger transport service; “provider”, in relation to a point‑to‑point passenger transport service, means the person who provides the service; “public service motor vehicle” means a public service vehicle which is a motor vehicle; “public service vehicle” has the meaning given by the Road Traffic Act 1961; “Public Transport Council” or “PTC” means the Public Transport Council established under the Public Transport Council Act 1987; “Regulations” means any regulations made under section 53; “regulatory action”, for a licensee, means any action in section 35(1) or (2) that may be taken by the LTA against a licensee; “relevant vocational driving authorisation” means a vocational licence granted under section 110 of the Road Traffic Act 1961 authorising the holder to drive one or more of the following classes of public service motor vehicles for the purpose of transporting passengers for hire or reward: ( a ) a taxi; ( b ) a private hire car (within the meaning given by the Road Traffic Act 1961) which is hired, or made available for hire, under a contract (express or implied) for use as a whole with a driver for the purpose of conveying one or more passengers (if any) in that car; ( c ) a motor vehicle within a class allowed under section 101 of the Road Traffic Act 1961 to be used as a public service vehicle; “representative”, for an exempt ride‑hail service operator or a licensee who is a provider of a ride‑hail service or street‑hail service, means an individual (whether or not an employee or officer of the operator or licensee) who — ( a ) is directly involved in the day-to-day management of the provision of that service; ( b ) has the capacity, on behalf (as the case may be) of — (i) the provider of the ride‑hail service, to influence the safety of drivers who provide, and the motor vehicles driven in providing, the on‑demand passenger transport service to which the ride‑hail service relates; or (ii) the provider of the street‑hail service, to influence the safety of drivers who provide, and the motor vehicles driven in providing, the street‑hail service; ( c ) has access to and is authorised to provide any information relating to the ride‑hail service or street‑hail service (as the case may be) that is required by or under this Act; and ( d ) is authorised to represent for the purposes of this Act the provider of the ride‑hail service or street‑hail service (as the case may be) in providing that service; “ride‑hail service licence” means a licence granted under Part 4; “road” has the meaning given by section 2(1) of the Road Traffic Act 1961; “safety incident”, in relation to a point‑to‑point passenger transport service, means — ( a ) an occurrence associated with the driving of a motor vehicle used in providing that service, where the vehicle is destroyed or damaged, abandoned or disabled, stranded or missing in operation; ( b ) any situation where an individual — (i) dies as a result of an occurrence associated with the driving of a motor vehicle used in the provision of that service; or (ii) is injured or incapacitated as a result of an occurrence associated with the driving of a motor vehicle used in the provision of that service; or ( c ) any situation where any property is damaged as a result of an occurrence associated with the driving of a motor vehicle used in the provision of that service, and “occurrence” includes an accident or a near accident; “street‑hail service licence” means a licence granted under Part 3; “taxi” means a public service vehicle which is classified as a taxi under the Second Schedule to the Road Traffic Act 1961; “unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose.


document_id: ppptia-2019
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “street‑hail service” and associated terms
content:
3. In this Act, unless the context otherwise requires — “provide a street‑hail service” means providing a street‑hail service in the course of business; “related driver”, in relation to a licensee of a street‑hail service licence, means an authorised driver with whom the licensee has a related driver agreement; “related driver agreement”, in relation to a licensee of a street‑hail service licence, means an agreement or arrangement between the licensee and an authorised driver of a motor vehicle under which the driver is entitled to drive the motor vehicle to transport passengers for hire or reward as part of the street‑hail service authorised by the licence, and it does not matter — ( a ) whether or not the authorised driver is an employee or agent of the licensee; and ( b ) whether the motor vehicle is hired from the licensee; “street‑hail service” means a passenger transport service — ( a ) provided using motor vehicles which are taxis, 2 or more of which at any time in a year are taxis owned by the provider of that service; and ( b ) under which any individual can hail or hire on‑demand such a motor vehicle when it is — (i) standing or plying for hire on a road; and (ii) authorised under this Act or the Road Traffic Act 1961 to stand or ply for hire on a road (whether or not the motor vehicle is hired by other means for the purposes of providing that passenger transport service).


document_id: ppptia-2019
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “ride‑hail service” and associated terms
content:
4. —(1) In this Act, unless the context otherwise requires — “bookable vehicle” means any of the following motor vehicles: ( a ) a taxi; ( b ) a private hire car (within the meaning given by the Road Traffic Act 1961) which is hired, or made available for hire, under a contract (express or implied) for use as a whole with a driver for the purpose of conveying one or more passengers (if any) in that car; ( c ) a motor vehicle that is within a class allowed under section 101 of the Road Traffic Act 1961 to be used as a public service vehicle, and is prescribed as permissible for the purposes of this definition; “booking”, in relation to a ride‑hail service, means a booking for a motor vehicle to be used in providing an on‑demand passenger transport service taken or facilitated by the provider of the ride‑hail service; “on‑demand passenger transport service” means a passenger transport service — ( a ) provided using bookable vehicles; ( b ) in which the passenger or hirer determines or substantially determines the locations for the beginning and end of the journey and the time of travel; and ( c ) which does not involve a street‑hail service; “on‑demand ride booking service” means — ( a ) a service that involves — (i) taking or facilitating bookings for bookable vehicles made available, or to be made available, in providing on‑demand passenger transport services (whether immediately or at a later time); and (ii) communicating the bookings to — (A) providers of on‑demand passenger transport services; (B) other providers of on‑demand ride booking services; or (C) drivers of bookable vehicles made available, or to be made available, to carry out the on‑demand passenger transport services; ( b ) a service that involves taking or facilitating bookings for bookable vehicles made available, or to be made available, in providing on‑demand passenger transport services (whether immediately or at a later time), where the person who takes or facilitates the bookings is an authorised driver carrying out the service; ( c ) a service that involves the provision of passenger transport services by bookable vehicles for hire or reward where the passengers are transported under a vehicle pooling arrangement as prescribed; or ( d ) a service that the Regulations prescribe is an on‑demand ride booking service, but excludes any service of a kind that the Regulations prescribe is not an on‑demand ride booking service; “participating bookable driver”, in relation to a provider of a ride‑hail service, means an authorised driver who has a participating driver agreement with the provider; “participating driver agreement”, in relation to a provider of a ride-hail service, means an agreement or arrangement between the provider of a ride‑hail service and a driver of a bookable vehicle under which — ( a ) the provider agrees to — (i) take or facilitate any booking by or on behalf of a passenger for bookable vehicles made available, or to be made available, in providing on‑demand passenger transport services (whether immediately or at a later time) to the passenger; and (ii) communicate the booking to participating bookable drivers; and ( b ) the driver agrees to carry out the on‑demand passenger transport service in the booking by transporting the passenger for hire or reward, using a bookable vehicle, and it does not matter — ( c ) whether or not — (i) the driver is an employee or agent of the provider of the ride‑hail service; or (ii) where the provider of the ride‑hail service is a platform operator, the driver is a platform worker of the provider; or ( d ) whether the vehicle is hired from that provider; [Act 30 of 2024 wef 01/01/2025] “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024; [Act 30 of 2024 wef 01/01/2025] “provide a ride‑hail service” means providing in the course of business a ride‑hail service; “ride‑hail service” means — ( a ) an on‑demand passenger transport service; or ( b ) an on‑demand ride booking service. (2) For the purpose of determining whether a person provides a ride‑hail service in Singapore, it does not matter — ( a ) that a booking is obtained or communicated remotely by means of an electronic device or other means not directly provided by the person who provides the service; or ( b ) that the provider of the ride‑hail service is located outside Singapore, if the on‑demand passenger transport service to which the ride‑hail service relates is provided wholly or partly within Singapore. (3) To avoid doubt, a person provides — ( a ) an on‑demand ride booking service if the person contracts with, or arranges for, other persons to provide the on‑demand passenger transport service booked through the ride booking service unless excluded by the Regulations; or ( b ) a ride-hail service if the person provides an on‑demand passenger transport service and takes bookings for that on‑demand passenger transport service. (4) However, in this Act, a person is not to be regarded as providing an on‑demand passenger transport service solely because the person drives a public service motor vehicle for use in carrying out that service. (5) For the purposes of this Act, an on‑demand passenger transport service relates to a ride‑hail service if the on‑demand passenger transport service is or is to be carried out as a result of a booking taken or facilitated by — ( a ) a provider of an on‑demand ride booking service comprised in the ride‑hail service; or ( b ) a provider of the ride‑hail service.


document_id: ppptia-2019
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Purposes of Act
content:
5. The purposes of this Act are to regulate the provision of point‑to‑point passenger transport services so as — ( a ) to facilitate the delivery of safe, reliable, efficient and customer‑focused point‑to‑point passenger transport services in Singapore; and ( b ) to enable the development and operation of innovative and accessible point‑to‑point passenger transport services which contribute to the mobility and safety of people in Singapore.


document_id: ppptia-2019
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Application of Act
content:
6. —(1) This Act extends to any conduct outside Singapore, or partly inside or partly outside Singapore, that results in the provision of any point‑to‑point passenger transport service for journeys by motor vehicles within, or partly within, Singapore. (2) This Act binds the Government, but nothing in this Act renders the Government liable to prosecution for an offence under this Act. (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government or is acting in any other similar capacity for, or on behalf of, the Government. (4) Nothing in this Act requires the LTA and the PTC, respectively, to hold a licence in order to discharge their respective functions or exercise their respective powers under any Act.


document_id: ppptia-2019
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Administration of Act
content:
7. —(1) It is the function of the LTA to exercise licensing and regulatory functions in accordance with this Act with respect to the provision in Singapore of point‑to‑point passenger transport services, and to otherwise administer this Act. (2) In discharging the functions and duties imposed on it by subsection (1), the LTA must have regard to the need — ( a ) for reliable, safe and convenient passenger travel on motor vehicles and other forms of land transport in Singapore; ( b ) for ensuring that any person licensed or otherwise authorised under this Act to provide in Singapore point‑to‑point passenger transport services is able to do so efficiently; and ( c ) for sustainability, adequacy and optimisation of capacity across the network of public passenger transport services on land for journeys within Singapore. (3) No liability shall lie personally against any member, officer or employee of the LTA or any other person acting under the direction of the LTA for anything done or intended to be done in good faith and with reasonable care in the execution or purported execution of this Act.


document_id: ppptia-2019
provision_ref: s8
chapter: PART 1 - PRELIMINARY
section: 8
title: Authorised officers
content:
8. —(1) The LTA may, in relation to any provision of this Act or the Regulations, appoint any of its officers or employees to be an authorised officer for the purposes of that provision, either generally or in a particular case. (2) The LTA may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act or the Regulations (except the power of delegation conferred by this subsection) to any authorised officer, subject to such conditions or limitations as the LTA may specify; and any reference in that provision of this Act or the Regulations to the LTA includes a reference to such an authorised officer.


document_id: ppptia-2019
provision_ref: s9
chapter: PART 2 - UNAUTHORISED ACTIVITIES
section: 9
title: Unauthorised provision of street‑hail services
content:
9. —(1) A person commits an offence if the person provides in Singapore a street‑hail service when the person — ( a ) is not authorised to do so by a street‑hail service licence; and ( b ) is not exempt from this section by an order under section 52 in relation to that service. (2) The offence under subsection (1) is a strict liability offence. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (4) For the purposes of this section, a licensee of a street‑hail service licence is not authorised by its licence to provide a street‑hail service during the period the licence is suspended.


document_id: ppptia-2019
provision_ref: s10
chapter: PART 2 - UNAUTHORISED ACTIVITIES
section: 10
title: Unauthorised provision of ride‑hail services
content:
10. —(1) A person commits an offence if the person provides in Singapore a ride‑hail service — ( a ) when the person is not authorised to do so by a ride‑hail service licence and is not authorised to do so as an exempt ride‑hail service operator; and ( b ) when the person is not exempt from this section by an order under section 52 in relation to that service. (2) The offence under subsection (1) is a strict liability offence. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (4) For the purposes of this section, a licensee of a ride‑hail service licence is not authorised by its licence to provide a ride‑hail service during the period the licence is suspended.


document_id: ppptia-2019
provision_ref: s11
chapter: PART 2 - UNAUTHORISED ACTIVITIES
section: 11
title: Accepting booking from unauthorised ride‑hail service provider
content:
11. —(1) A driver who drives a motor vehicle used in carrying out any on‑demand passenger transport service related to a ride‑hail service commits an offence if — ( a ) the driver intentionally takes one or more bookings for that on‑demand passenger transport service from the provider of the ride‑hail service; ( b ) the provider of the ride‑hail service — (i) is not authorised to provide that ride‑hail service by a ride‑hail service licence; (ii) is not authorised to provide that ride‑hail service as an exempt ride‑hail service operator; and (iii) is not exempt from section 10(1), by an order under section 52, in relation to the provision of that ride‑hail service; and ( c ) the driver knows that, or is reckless as to whether, the provider of the ride‑hail service is not authorised to provide that ride‑hail service as described in paragraph ( b ) and is not exempt from section 10(1) as described in that paragraph. (2) A driver who is guilty of an offence under subsection (1) shall be liable on conviction as follows: ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ppptia-2019
provision_ref: s12
chapter: PART 3 - STREET‑HAIL SERVICES
section: 12
title: Application for or to renew street‑hail service licences
content:
12. —(1) An application for or to renew a street‑hail service licence must be made to the LTA in accordance with this section. (2) An application for or to renew a street‑hail service licence must — ( a ) be in the form and manner the LTA specifies; ( b ) be accompanied by an application fee, if prescribed; ( c ) contain — (i) an address in Singapore at which notices and other documents under this Act for the applicant may be served; or (ii) the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act; ( d ) state the construction or type of taxi used or to be used in the provision of the service; and ( e ) be accompanied by the prescribed information, and any other additional information that the LTA requires to decide on the application. (3) The LTA may refuse to consider an application for or to renew a street‑hail service licence that is incomplete or not made in accordance with this section. (4) Upon receiving an application for or to renew a street‑hail service licence, the LTA may carry out, or arrange to be carried out by any authorised officer, such investigations and inquiries in relation to the application as the LTA considers necessary for a proper consideration of the application. (5) A person commits an offence if the person, being an applicant for the grant of a street‑hail service licence — ( a ) provides, or causes or permits to be provided, any document or information in connection with the application which is false in a material particular; and ( b ) knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular. (6) A person who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ppptia-2019
provision_ref: s13
chapter: PART 3 - STREET‑HAIL SERVICES
section: 13
title: Grant of street‑hail service licences
content:
13. —(1) After considering any application under section 12 for or to renew a street‑hail service licence, the LTA may — ( a ) on payment of — (i) the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to provide a street‑hail service; or (ii) a renewal fee or late renewal fee (if prescribed), renew the licence; or ( b ) refuse to grant or renew the street‑hail service licence, as the case may be. (2) In deciding whether an applicant should be granted a street‑hail service licence, or the applicant’s street‑hail service licence should be renewed, and the conditions to impose or modify, the LTA must have regard to, and give such weight as the LTA considers appropriate to, all of the following matters: ( a ) whether the applicant is or is not — (i) intending to provide any other point‑to‑point passenger transport services; (ii) a holder of another street‑hail service licence or a ride‑hail service licence; or (iii) an exempt ride‑hail service operator; ( b ) whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the street‑hail service in the application safely and efficiently; ( c ) the applicant’s capacity to deliver the street‑hail service in the application according to the applicable codes of practice; ( d ) the demand for the street‑hail service in the application; ( e ) whether the applicant is a corporation, partnership or limited liability partnership, or an unincorporated association; ( f ) whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management of providing the street‑hail service in the application; ( g ) whether the applicant has nominated or will nominate at least one individual who satisfies the prescribed qualifications as a representative if a licence is granted; ( h ) whether it is otherwise contrary to the public interest for the street‑hail service licence to be granted to the applicant. (3) For the purpose of determining whether or not a person or an individual referred to in subsection (2)( f ) is a suitable person to be involved in the management of providing a street‑hail service, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters: ( a ) the person’s or individual’s relevant knowledge, competency and experience in matters connected with providing such a service; ( b ) any evidence of the exercise of any power under section 35 — (i) in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act; or (ii) in relation to a licensee holding, or a former licensee which held, a street‑hail service licence of which the individual is or was an officer when the power was exercised; ( c ) any evidence of the exercise of any power under section 111H of the Road Traffic Act 1961 (as in force before 30 October 2020) in relation to a person holding a taxi service operator licence of which the individual is or was an officer when that power was exercised; ( d ) any prior conviction for committing (whether before, on or after 29 May 2020) any of the following offences: (i) an offence under Part 5 of the Road Traffic Act 1961 (or any rules made under that Part) in relation to taxis, private hire cars, private hire car booking service operators or taxi service operators; (ii) an offence under Part VA of the Road Traffic Act 1961 (or any rules made under that Part) in relation to taxis or taxi service operators as in force before 30 October 2020; (iii) an offence under the Public Transport Council Act 1987 in relation to taxis; (iv) an offence under the Third‑Party Taxi Booking Service Providers Act 2015; (v) any offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court; (vi) an offence under this Act; (vii) any relevant offence under any written law; ( e ) any previous occasion where the person or individual accepted any composition sum offered under any written law for an offence mentioned in paragraph ( d ); ( f ) the person’s or individual’s present or previous involvement, or proposed involvement, in the public transport system in Singapore. (4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsections (2) and (3) and may take into account such other matters and evidence as may be relevant. (5) Without affecting subsection (1), the LTA may grant a renewal of a street‑hail service licence (of any class) with or without modifying the conditions of the licence, but section 16(2), (3) and (4) does not apply to or in relation to granting a renewal of a street‑hail service licence with modifications to the conditions of the licence. (6) The LTA may subdivide any class of street‑hail service licence it grants under this section into subclasses, such as according to any of the following, and may grant the licence accordingly: ( a ) the construction or type of taxi driven or intended to be driven in providing the street‑hail service authorised by the licence; ( b ) the type of street‑hail service; ( c ) the number of taxis driven or intended to be driven in providing the street‑hail service authorised by the licence; ( d ) the number of related drivers made available in providing the street‑hail service authorised by the licence.


document_id: ppptia-2019
provision_ref: s14
chapter: PART 3 - STREET‑HAIL SERVICES
section: 14
title: Periodic fee for licence and licence validity
content:
14. —(1) Every street‑hail service licence granted under this Part is valid for the period specified in the licence and is in force unless the licence is earlier revoked or suspended under section 35. (2) For every period prescribed (which must not exceed the validity of a street-hail service licence), a licensee of the street‑hail service licence must pay to the LTA, not later than the date prescribed, a periodic fee prescribed for that licence. (3) If a licensee of a street‑hail service licence fails to pay the periodic fee in accordance with subsection (2), the LTA may, by written notice, require the licensee to make good the default. (4) Every street‑hail service licence must be in the form the LTA determines.


document_id: ppptia-2019
provision_ref: s15
chapter: PART 3 - STREET‑HAIL SERVICES
section: 15
title: Conditions of street‑hail service licences
content:
15. —(1) In granting a street‑hail service licence to any person, the LTA may impose any conditions that the LTA considers requisite or expedient having regard to the purposes of this Act. (2) In particular, in granting a street‑hail service licence to a provider of the street‑hail service, the LTA may impose conditions — ( a ) fixing the construction or type of taxi which may be made available by the licensee to provide the street‑hail service authorised by the licence; ( b ) fixing all or any of the following: (i) the maximum or minimum number, or both, of authorised drivers with whom the licensee, during the validity period of the licence or any part of that period, may have a related driver agreement to transport passengers for hire or reward as part of the street‑hail service authorised by the licence; (ii) the maximum or minimum number, or both, of taxis or type of taxis which the licensee, during the validity period of the licence or any part of that period, may make available to transport passengers for hire or reward as part of the street‑hail service authorised by the licence; ( c ) requiring the licensee — (i) to appoint, and ensure that at all times there is appointed, one or more persons in Singapore authorised by the licensee to accept on the licensee’s behalf service of notices and other documents under this Act; and (ii) to provide the name, address and contact details of the person or persons appointed as required by sub‑paragraph (i); ( d ) requiring the licensee — (i) to nominate, and ensure that at all times there is nominated, one or more representatives each of whom satisfy the prescribed qualifications; and (ii) to provide the name, address and contact details of the representative or representatives so nominated; ( e ) requiring the provision of a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the LTA may determine — (i) to secure compliance by the licensee with any condition attached to the licence or any code of practice applicable to the licensee; or (ii) to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee, or both; ( f ) requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with — (i) the provisions of the Act or a code of practice applicable to the licensee; (ii) the conditions of the street‑hail service licence granted to that licensee; or (iii) a direction given under this Act or an emergency directive; ( g ) requiring the licensee to comply with applicable codes of practice; ( h ) relating to the basic terms that must be in a related driver agreement between the licensee and an authorised driver with whom the licensee has to provide the street‑hail service authorised by the licence, including a term for payment, within a maximum period prescribed, to that authorised driver the fares or reward for carrying out the street‑hail service; ( i ) concerning insurance requirements relating to the provision of the street‑hail service by the licensee; or ( j ) controlling and restricting, directly or indirectly, the creation, holding or disposal of shares in the licensee, or of interests in the undertaking of the licensee or any part of the undertaking. (3) An audit mentioned in subsection (2)( f ) must be carried out by authorised officers, other officers of the LTA or such qualified individuals approved by the LTA for that purpose.


document_id: ppptia-2019
provision_ref: s16
chapter: PART 3 - STREET‑HAIL SERVICES
section: 16
title: Modifying conditions of street‑hail service licence
content:
16. —(1) Subject to this section, it is lawful for the LTA to modify the conditions of a street‑hail service licence without compensating the licensee concerned. (2) Before modifying any condition of a street‑hail service licence, the LTA must give notice to the licensee holding that licence — ( a ) stating that the LTA proposes to make the modification in the manner as specified in the notice; and ( b ) specifying the time (being not less than 14 days after the date of service of notice on the licensee) within which the licensee may make written representations to the LTA with respect to the proposed modification. (3) Upon receiving any written representation mentioned in subsection (2)( b ), the LTA must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in such manner as the LTA thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where — ( a ) the LTA rejects any written representation under subsection (3)( a ); ( b ) the LTA amends any proposed modification to the conditions of the licence under subsection (3)( b ); or ( c ) no written representation is received by the LTA within the time specified in subsection (2)( b ), or any written representation made under subsection (2)( b ) is subsequently withdrawn, the LTA must issue a direction in writing to the licensee in question requiring the licensee, within the time specified by the LTA, to give effect to the modification as specified in the notice under subsection (2) or as amended by the LTA, as the case may be.


document_id: ppptia-2019
provision_ref: s17
chapter: PART 3 - STREET‑HAIL SERVICES
section: 17
title: Restriction on transfer and surrender of street‑hail service licence
content:
17. —(1) A street‑hail service licence, and any rights, benefits or privileges under the licence, are not transferable or assignable to any other person unless — ( a ) the licence contains a condition authorising the transfer or assignment; and ( b ) the LTA consents in writing to the transfer or assignment. (2) Any consent under subsection (1) may be given subject to compliance with any conditions that the LTA thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence; but section 16(2), (3) and (4) does not apply to or in relation to these modifications to the conditions of the licence. (3) A transfer or an assignment, or a purported transfer or assignment, of a street‑hail service licence, or of any rights, benefits or privileges under the licence, is void and of no effect — ( a ) if the licence is not capable of transfer or assignment; ( b ) if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or ( c ) if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (1) is given. (4) Every street‑hail service licence is not capable of being surrendered without the written consent of the LTA, and any surrender or purported surrender of a licence is void if it is without such consent.


document_id: ppptia-2019
provision_ref: s18
chapter: PART 4 - RIDE‑HAIL SERVICES
section: 18
title: Application for or to renew ride‑hail service licence
content:
18. —(1) An application for or to renew a ride‑hail service licence must be made to the LTA in accordance with this section. (2) An application for or to renew a ride‑hail service licence must — ( a ) be in the form and manner the LTA specifies; ( b ) be accompanied by an application fee, if prescribed; ( c ) contain — (i) an address in Singapore at which notices and other documents under this Act for the applicant may be served; or (ii) the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act; ( d ) state the construction or type of bookable vehicle used or to be used in the provision of the service; and ( e ) be accompanied by the prescribed information, and any other additional information that the LTA requires to decide on the application. (3) The LTA may refuse to consider an application for or to renew a ride‑hail service licence that is incomplete or not made in accordance with this section. (4) Upon receiving an application for or to renew a ride‑hail service licence, the LTA may carry out, or arrange to be carried out by any authorised officer, such investigations and inquiries in relation to the application as the LTA considers necessary for a proper consideration of the application. (5) A person commits an offence if the person, being an applicant for the grant of a ride‑hail service licence — ( a ) provides, or causes or permits to be provided, any document or information in connection with the application which is false in a material particular; and ( b ) knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular. (6) A person who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ppptia-2019
provision_ref: s19
chapter: PART 4 - RIDE‑HAIL SERVICES
section: 19
title: Grant of ride‑hail service licence
content:
19. —(1) After considering any application under section 18 for or to renew a ride‑hail service licence, the LTA may — ( a ) on payment of — (i) the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to provide a ride‑hail service; or (ii) a renewal fee or late renewal fee (if prescribed), renew the licence; or ( b ) refuse to grant or renew the ride‑hail service licence, as the case may be. (2) In deciding whether an applicant should be granted a ride‑hail service licence, or the applicant’s ride‑hail service licence should be renewed, and the conditions to impose or modify, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters: ( a ) whether the applicant is or is not — (i) intending to provide any other point‑to‑point passenger transport services; (ii) a holder of another ride‑hail service licence or a street‑hail service licence; or (iii) an exempt ride‑hail service operator; ( b ) whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the ride‑hail service in the application safely and efficiently; ( c ) the applicant’s capacity to deliver the ride‑hail service in the application according to the applicable codes of practice; ( d ) the demand for the ride‑hail service in the application; ( e ) whether the applicant is a corporation, partnership or limited liability partnership, or an unincorporated association; ( f ) whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management of providing the ride‑hail service in the application; ( g ) whether the applicant has nominated or will nominate at least one individual who satisfies the prescribed qualifications as a representative if a licence is granted; ( h ) whether it is otherwise contrary to the public interest for the ride‑hail service licence to be granted to the applicant. (3) For the purpose of determining whether or not a person or an individual referred to in subsection (2)( f ) is a suitable person to be involved in the management of providing a ride‑hail service, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters: ( a ) the person’s or individual’s relevant knowledge, competency and experience in matters connected with providing a ride‑hail service; ( b ) any evidence of the exercise of any power under section 35 — (i) in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act; or (ii) in relation to a licensee holding, or a former licensee which held, a ride‑hail service licence of which the individual is or was an officer when the power was exercised; ( c ) any evidence of non‑compliance with, or revocation of, an exempt ride‑hail operator order in relation to an exempt ride‑hail service operator or a former exempt ride‑hail service operator (as the case may be) of which the individual is or was an officer when the power was exercised; ( d ) any evidence of the exercise of any power — (i) under section 111H of the Road Traffic Act 1961 (as in force before 30 October 2020) in relation to a person holding a taxi service operator licence of which the individual is or was an officer when that power was exercised; or (ii) under section 20 of the Third‑Party Taxi Booking Service Providers Act 2015 in relation to a person registered under that Act of which the individual is or was an officer when that power was exercised; ( e ) any prior conviction for committing (whether before, on or after 29 May 2020) any of the following offences: (i) an offence under Part 5 of the Road Traffic Act 1961 (or any rules made under that Part) in relation to taxis, private hire cars, private hire car booking service operators or taxi service operators; (ii) an offence under Part VA of the Road Traffic Act 1961 (or any rules made under that Part) in relation to taxis or taxi service operators as in force before 30 October 2020; (iii) an offence under the Public Transport Council Act 1987 in relation to taxis; (iv) an offence under the Third‑Party Taxi Booking Service Providers Act 2015; (v) any other offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court; (vi) an offence under this Act; (vii) any relevant offence under any written law; ( f ) any previous occasion where the person or individual accepted any composition sum offered under any written law for an offence mentioned in paragraph ( e ); ( g ) the person’s or individual’s present or previous involvement, or proposed involvement, in the public transport system in Singapore. (4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsections (2) and (3) and may take into account such other matters and evidence as may be relevant. (5) Without affecting subsection (1), the LTA may grant a renewal of a ride‑hail service licence (of any class) with or without modifying the conditions of the licence, but section 22(2), (3) and (4) does not apply to or in relation to granting a renewal of a ride‑hail service licence with modifications to the conditions of the licence. (6) The LTA may subdivide any class of ride‑hail service licence it grants under this section into subclasses, such as according to any of the following, and may grant the licence accordingly: ( a ) the construction or type of bookable vehicle driven or intended to be driven in carrying out the on‑demand passenger transport services to which the ride‑hail service authorised by the licence relates; ( b ) the type of ride‑hail service; ( c ) the number of motor vehicles driven or intended to be driven in carrying out the on‑demand passenger transport services to which the ride‑hail service authorised by the licence relates; ( d ) the number of participating bookable drivers made available in providing the on‑demand passenger transport services to which the ride‑hail service authorised by the licence relates.


document_id: ppptia-2019
provision_ref: s20
chapter: PART 4 - RIDE‑HAIL SERVICES
section: 20
title: Periodic fee for licence and licence validity
content:
20. —(1) Every ride-hail service licence granted under this Part is valid for the period specified in the licence and is in force unless the licence is earlier revoked or suspended under section 35. (2) For every period prescribed (which must not exceed the validity of a ride‑hail service licence), a licensee of the ride‑hail service licence must pay to the LTA, not later than the date prescribed, a periodic fee prescribed for that licence. (3) If a licensee of a ride‑hail service licence fails to pay the periodic fee in accordance with subsection (2), the LTA may, by written notice, require the licensee to make good the default. (4) Every ride‑hail service licence must be in the form the LTA determines.


document_id: ppptia-2019
provision_ref: s21
chapter: PART 4 - RIDE‑HAIL SERVICES
section: 21
title: Conditions of ride‑hail service licences
content:
21. —(1) In granting a ride‑hail service licence to any person, the LTA may impose any conditions that the LTA considers requisite or expedient having regard to the purposes of this Act. (2) In particular, in granting a ride‑hail service licence to a provider of the ride‑hail service, the LTA may impose conditions — ( a ) fixing the construction or type of motor vehicles which may be made available, through the ride‑hail service authorised by the licence, to carry out any on‑demand passenger transport service related to the ride‑hail service; ( b ) fixing the maximum or minimum number, or both, of authorised drivers with whom the licensee, during the validity period of the licence or any part of that period, may have a participating driver agreement; ( c ) requiring the licensee — (i) to appoint, and ensure that at all times there is appointed, one or more persons in Singapore authorised by the licensee to accept on the licensee’s behalf service of notices and other documents under this Act; and (ii) to provide the name, address and contact details of the person or persons appointed as required by sub‑paragraph (i); ( d ) requiring the licensee — (i) to nominate, and ensure that at all times there is nominated, one or more representatives each of whom satisfy the prescribed qualifications; and (ii) to provide the name, address and contact details of the representative or representatives so nominated; ( e ) requiring the provision of a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the LTA may determine — (i) to secure compliance by the licensee with any condition attached to the licence or any code of practice applicable to the licensee; or (ii) to meet any financial penalty arising out of any regulatory action started or likely to start against the licensee, or both; ( f ) requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with — (i) the provisions of the Act or a code of practice applicable to the licensee; (ii) the conditions of the ride‑hail service licence granted to that licensee; or (iii) a direction given under this Act or an emergency directive; ( g ) requiring the licensee to comply with applicable codes of practice; ( h ) relating to the basic terms that must be in a participating driver agreement between the licensee and an authorised driver with whom the licensee has to provide the ride‑hail service authorised by the licence, including a term for payment, within a maximum period prescribed, to that authorised driver the fares or reward for carrying out the on‑demand passenger transport services to which the ride‑hail service relates; ( i ) concerning insurance requirements relating to the provision of the ride‑hail service by the licensee; or ( j ) controlling and restricting, directly or indirectly, the creation, holding or disposal of shares in the licensee, or of interests in the undertaking of the licensee or any part of the undertaking. (3) An audit mentioned in subsection (2)( f ) must be carried out by authorised officers, other officers of the LTA or such qualified individuals approved by the LTA for that purpose.


document_id: ppptia-2019
provision_ref: s22
chapter: PART 4 - RIDE‑HAIL SERVICES
section: 22
title: Modifying conditions of ride‑hail service licence
content:
22. —(1) Subject to this section, it is lawful for the LTA to modify the conditions of a ride‑hail service licence without compensating the licensee concerned. (2) Before modifying any condition of a ride‑hail service licence, the LTA must give notice to the licensee holding that licence — ( a ) stating that the LTA proposes to make the modification in the manner as specified in the notice; and ( b ) specifying the time (being not less than 14 days after the date of service of notice on the licensee) within which the licensee may make written representations to the LTA with respect to the proposed modification. (3) Upon receiving any written representation mentioned in subsection (2)( b ), the LTA must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in any manner that the LTA thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where — ( a ) the LTA rejects any written representation under subsection (3)( a ); ( b ) the LTA amends any proposed modification to the conditions of the licence under subsection (3)( b ); or ( c ) no written representation is received by the LTA within the time specified in subsection (2)( b ), or any written representation made under subsection (2)( b ) is subsequently withdrawn, the LTA must issue a direction in writing to the licensee in question requiring the licensee, within the time specified by the LTA, to give effect to the modification as specified in the notice under subsection (2) or as amended by the LTA, as the case may be.


document_id: ppptia-2019
provision_ref: s23
chapter: PART 4 - RIDE‑HAIL SERVICES
section: 23
title: Restriction on transfer and surrender of ride‑hail service licence
content:
23. —(1) A ride‑hail service licence, and any rights, benefits or privileges under the licence, are not transferable or assignable to any other person unless — ( a ) the licence contains a condition authorising the transfer or assignment; and ( b ) the LTA consents in writing to the transfer or assignment. (2) Any consent under subsection (1) may be given subject to compliance with any conditions that the LTA thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence; but section 22(2), (3) and (4) does not apply to or in relation to these modifications to the conditions of the licence. (3) A transfer or an assignment, or a purported transfer or assignment, of a ride‑hail service licence, or of any rights, benefits or privileges under the licence, is void and of no effect — ( a ) if the licence is not capable of transfer or assignment; ( b ) if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or ( c ) if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (1) is given. (4) Every ride‑hail service licence is not capable of being surrendered without the consent in writing of the LTA, and any surrender or purported surrender of a licence is void if it is without such consent. Division 2 &#x2014; Exempt ride‑hail service operator


document_id: ppptia-2019
provision_ref: s24
chapter: PART 4 - RIDE‑HAIL SERVICES
section: 24
title: Exempt ride‑hail service operator does not need licence
content:
24. —(1) The LTA may, with the approval of the Minister, by order in the Gazette , authorise any provider of a ride‑hail service to which the order applies as exempt from requiring a ride‑hail service licence for a specified period or indefinitely or to such an extent as may be specified in the order, and subject to such conditions as may be specified in that order. (2) An order under subsection (1) continues in force, unless it is revoked, for such period as may be specified in the order. (3) The provision of a ride‑hail service by any person to which an order under subsection (1) applies is deemed authorised by this Act if it is done in accordance with the conditions of the order.


document_id: ppptia-2019
provision_ref: s25
chapter: PART 4 - RIDE‑HAIL SERVICES
section: 25
title: Conditions applicable to exempt ride‑hail service operator
content:
25. Without limiting section 24(1), the conditions subject to which an exempt ride‑hail service operator may provide a ride‑hail service without a ride‑hail service licence may include any of the following requirements: ( a ) to do or not to do any things that are specified in the order under section 24(1) or are of a description so specified, except insofar as the LTA consents to the operator doing or not doing them; ( b ) to refer for determination by the LTA any questions arising under the exemption that are specified in the order under section 24(1) or are of a description so specified; ( c ) to take reasonable steps to ensure that each of the drivers with whom the operator has a participating driver agreement is an authorised driver; ( d ) to provide information and reports to the LTA about the operator, its participating bookable drivers and the ride‑hail service it provides; ( e ) to provide the LTA — (i) an address in Singapore at which notices and other documents under this Act for the operator may be served; or (ii) the name and address of one or more persons in Singapore authorised by the operator to accept on the operator’s behalf service of notices and other documents under this Act; ( f ) to nominate, and ensure that at all times there is nominated, one or more representatives each of whom satisfy the prescribed qualifications, and to provide the LTA the name, address and contact details of the representative or representatives so nominated.


document_id: ppptia-2019
provision_ref: s26
chapter: PART 4 - RIDE‑HAIL SERVICES
section: 26
title: Variation and revocation of order
content:
26. —(1) Subject to this section, the LTA may, with the approval of the Minister and by order in the Gazette — ( a ) revoke an exempt ride‑hail operator order; or ( b ) vary an exempt ride‑hail operator order by — (i) varying or cancelling any condition specified in the order; or (ii) specifying additional conditions in the order. (2) Before varying an order made under section 24(1) or revoking such an order, the LTA must, unless it considers it impractical or undesirable in the circumstances of the case, cause to be published, in accordance with subsection (3), a written notice that — ( a ) states that the LTA proposes to vary the order, or to end the order; ( b ) describes the proposed variation or ending; and ( c ) invites interested persons to make representations about the proposed variation or ending by a specified date that is at least 14 days after the date of publication of the notice. (3) A notice under subsection (2) must be published on the LTA’s website or in one or more other forms that are readily accessible by the public. (4) The LTA must, before varying an order under subsection (1) or revoking such an order, give due consideration to any representations made to the LTA pursuant to the notice given in accordance with subsection (2).


document_id: ppptia-2019
provision_ref: s27
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 27
title: Change in management of licensee
content:
27. —(1) It is a condition of every licence that the licensee to whom the licence is granted must notify the LTA of, where the licensee is a corporation, partnership, limited liability partnership or an unincorporated association — ( a ) the resignation or removal of any officer of the corporation, partnership, limited liability partnership or unincorporated association (as the case may be) within the prescribed period after the date of resignation or removal, as the case may be; or ( b ) the death of any of its officers within the prescribed period after the date the licensee becomes aware of that death. (2) To avoid doubt, this section applies even though a licence is suspended pursuant to section 35.


document_id: ppptia-2019
provision_ref: s28
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 28
title: Accounts and statements
content:
28. —(1) Subject to subsection (4), a licensee holding a street‑hail service licence or ride‑hail service licence must — ( a ) in respect of the whole or part (as the case may be) of every financial year, prepare such accounts and statements as are specified in, or ascertained in accordance with, the Regulations; ( b ) retain the accounts and statements prepared in accordance with paragraph ( a ) for 5 years after the end of the period to which they relate; ( c ) within the prescribed period after the close of a financial year of the licensee, give to the LTA those accounts and statements duly audited by an auditor approved by the LTA; and ( d ) keep and retain records, where the records are relevant to the preparation of the accounts and statements of the licensee mentioned in paragraph ( a ), for such period and in such manner as prescribed in the Regulations. (2) A licensee must not prepare any such accounts or statements in such a way that they do not correctly record and explain the matters or things to which they relate. (3) A person — ( a ) who is subject to any requirement under subsection (1) or (2); and ( b ) who intentionally or negligently contravenes the requirement, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) The LTA may on application waive any requirement under subsection (1) in any particular case. (5) Regulations may be made to vary the period mentioned in subsection (1)( b ).


document_id: ppptia-2019
provision_ref: s29
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 29
title: Record keeping and giving information
content:
29. —(1) A licensee of a street‑hail service licence must — ( a ) keep and retain, for such period as may be prescribed, records, where the records are relevant to monitoring or evaluating, under this Act, an aspect of the street‑hail service as specified in the licence; and ( b ) give to the LTA, within the period and in the manner specified in the licence, information that is relevant to monitoring or evaluating, under this Act, an aspect of the street‑hail service as specified in the licence. (2) A licensee of a ride‑hail service licence must, with respect to any ride‑hail service provided by the licensee — ( a ) keep and retain, for such period as may be prescribed, records, where the records are relevant to monitoring or evaluating, under this Act, an aspect of the ride‑hail service as specified in the licence; and ( b ) give to the LTA, within the period and in the manner specified in the licence, information that is relevant to monitoring or evaluating, under this Act, an aspect of the ride‑hail service as specified in the licence. (3) An exempt ride‑hail service operator providing a ride‑hail service to which an exempt ride‑hail operator order applies must — ( a ) keep and retain, for such period as may be prescribed, records, where the records are relevant to monitoring or evaluating, under this Act, an aspect of the ride‑hail service as specified in the order; and ( b ) give to the LTA, within the period and in the manner prescribed, information that is relevant to monitoring or evaluating, under this Act, an aspect of the ride‑hail service as specified in the order. (4) A person who is subject to a requirement under subsection (1), (2) or (3) to keep and retain or give any record or information commits an offence if the person — ( a ) intentionally or negligently contravenes the requirement under subsection (1), (2) or (3) to keep and retain or give; ( b ) intentionally alters, suppresses or destroys any record or information which the person is required under subsection (1), (2) or (3) to keep, retain or give; or ( c ) who, in keeping, retaining or giving the record or information required under subsection (1), (2) or (3), makes any statement which the person knows to be false in a material particular, or recklessly makes such a statement. (5) A person who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $10,000. Division 2 &#x2014; Codes of practice and Directions


document_id: ppptia-2019
provision_ref: s30
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 30
title: Codes of practice for licensees
content:
30. —(1) The LTA may, from time to time — ( a ) issue one or more codes of practice applicable to licensees or specified types of licensees; ( b ) approve as a code of practice applicable to licensees or specified types of licensees any document prepared by a person other than the LTA if the LTA considers the document as suitable for this purpose; or ( c ) amend or revoke any code of practice issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the matters in subsection (2) or (3), as the case may be. (2) In the case of a code of practice applicable to a licensee holding a street‑hail service licence, the matters for the purposes of subsection (1) include any of the following: ( a ) the condition, maintenance, construction, use and deployment of the taxis owned or made available by the licensee in providing the street‑hail service; ( b ) measures directed towards ensuring the security and safety of any of the following: (i) passengers of taxis used in the provision of the street‑hail service; (ii) related drivers of the licensee while they are engaged in carrying out the street‑hail service; ( c ) relating to the conduct of the employees and agents of the licensee, and individuals who are related drivers of the licensee, in connection with the provision of the street‑hail service; ( d ) measures to deal with customer complaints and lost property found in taxis made available by the licensee in providing the street‑hail service, and the processes to handle and dispose of such complaints and property; ( e ) measures to deal with relevant offences, safety incidents and accidents involving the following, and reporting to the LTA those safety incidents and accidents: (i) taxis made available by the licensee to provide the street‑hail service; (ii) related drivers of the licensee; ( f ) measures to facilitate the access to, and use of, the street‑hail service by individuals with disabilities; ( g ) advance reporting to the LTA of related drivers of the licensee and taxis withdrawn from engagement or use in providing the street‑hail service; ( h ) measures necessary for licensees to deal with any plague, epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any public emergency; ( i ) performance standards relating to the provision of street‑hail services and the quality of other aspects of the provision of the street‑hail service, such as — (i) minimum service levels determined according to such things as the specified periods of time during which the street‑hail service is to be provided, the extent of the service and the frequency of operation of that service during specified periods; and (ii) performance outcomes for frequency, regularity, punctuality and accessibility of the street‑hail service, and of customer information and service; ( j ) relating to the provision of estimates, publication and display of fares (including payment surcharges, and charges on transactions involving payment of a street‑hail fare) for or in connection with the provision of the street‑hail service, including the following: (i) prepayment, collection, the requirements for receipts and the information to be included in receipts; (ii) processes for calculating fares for the provision of street‑hail services, including the transparency and availability of those services; ( k ) the advertising of street‑hail services and street‑hail fares; ( l ) relating to the expansion of the street‑hail service by reference to a maximum rate of increase in the number of taxis that may be owned by a street‑hail service licensee during the validity period of the licence to provide the service or any other suitable factor; ( m ) other performance standards relating to street‑hail services. (3) In the case of a code of practice applicable to a licensee holding a ride‑hail service licence, the matters for the purposes of subsection (1) include any of the following: ( a ) the condition, maintenance, construction, use and deployment of the bookable vehicles made available through the ride‑hail service to carry out the on‑demand passenger transport service related to the ride‑hail service; ( b ) measures directed towards ensuring the security and safety of any of the following: (i) passengers of bookable vehicles made available through the ride‑hail service to carry out the on‑demand passenger transport service relating to the ride‑hail service; (ii) participating bookable drivers of those bookable vehicles while they are engaged in carrying out the on‑demand passenger transport service relating to the ride‑hail service; ( c ) relating to the conduct of the employees and agents of the licensee, and individuals who are participating bookable drivers of the licensee, in connection with the provision of the on‑demand passenger transport service related to the ride‑hail service; ( d ) measures to deal with customer complaints and lost property found in bookable vehicles made available through the ride‑hail service, and the processes to handle and dispose of such complaints and property; ( e ) measures to deal with relevant offences, safety incidents and accidents involving the following, and reporting to the LTA those safety incidents and accidents: (i) bookable vehicles made available through the ride‑hail service to carry out the on‑demand passenger transport service related to the ride‑hail service; (ii) participating bookable drivers of the licensee; ( f ) measures to facilitate the access to, and use of, the ride‑hail service by individuals with disabilities; ( g ) advance reporting to the LTA of participating bookable drivers of the licensee and bookable vehicles withdrawn from engagement or use in providing the on‑demand passenger transport service made available through the ride‑hail service; ( h ) measures necessary for licensees to deal with any plague, epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any public emergency; ( i ) performance standards relating to the provision of ride‑hail services and the quality of other aspects of the provision of the ride‑hail service, such as — (i) minimum service levels determined according to such things as the specified periods of time during which the ride‑hail service is to be provided, the extent of the service and the frequency of operation of that service during specified periods; and (ii) performance outcomes for frequency, regularity, punctuality and accessibility of the ride‑hail service, and of customer information and service; ( j ) relating to the provision of estimates, publication and display of fares (including payment surcharges, and charges on transactions involving payment of a ride‑hail fare) for or in connection with the provision of the ride‑hail service, including the following: (i) prepayment, collection, the requirements for receipts and the information to be included in receipts; (ii) processes for calculating fares for the provision of ride‑hail services, including the transparency and availability of those services; ( k ) the advertising of ride‑hail services and ride‑hail fares; ( l ) other performance standards relating to ride‑hail services. (4) A code of practice may, in particular, specify the duties and obligations of any licensee in relation to its business operation insofar as it relates to the provision of point‑to‑point passenger transport services in Singapore. (5) If any provision in any code of practice is inconsistent with any provision of this Act or the Regulations, that provision, to the extent of the inconsistency — ( a ) is to have effect subject to this Act and the Regulations; or ( b ) having regard to this Act and the Regulations, is not to have effect. (6) Where a code of practice is issued, approved, amended or revoked by the LTA under subsection (1), the LTA must — ( a ) give notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice to every licensee to whom the code of practice applies; ( b ) specify in the notice mentioned in paragraph ( a ) the date of issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice remains in force, copies of that code of practice, and of all amendments to that code of practice, are available for inspection, free of charge, by the licensees to whom the code of practice applies. (7) No code of practice, no amendment to such a code of practice, and no revocation of any such code of practice, has any force or effect until the notice relating to that is given in accordance with subsection (6). (8) A code of practice issued or approved under this section does not have legislative effect. (9) Subject to subsection (10), every licensee must comply with the codes of practice applicable to the licensee. (10) The LTA may, for such time as the LTA may specify, waive the application of any code of practice or part of a code of practice, issued or approved under this section to any particular licensee. (11) For the purposes of subsections (2)( e ) and (3)( e ), “relevant offence” means any of the following offences committed on or after 30 October 2020: ( a ) an offence under the Road Traffic Act 1961 or any subsidiary legislation made under that Act; ( b ) an offence under section 3 of the Motor Vehicles (Third‑Party Risks and Compensation) Act 1960; ( c ) an offence under section 41 of the Public Transport Council Act 1987; ( d ) an offence under this Act or the Regulations.


document_id: ppptia-2019
provision_ref: s31
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 31
title: Directions affecting licensees
content:
31. —(1) The LTA may give a direction to a licensee for or in respect of any matter affecting the interests of the public in connection with the point‑to‑point passenger transport service provided by the licensee, after considering the following matters with respect to all or any of the point‑to‑point passenger transport services provided in Singapore: ( a ) the development of innovative and accessible point‑to‑point passenger transport services which contribute to the mobility and safety of people in Singapore; ( b ) the arrangements between the licensees and the arrangements supporting the provision of point‑to‑point passenger transport services; ( c ) the related driver agreements and participating driver agreements between authorised drivers and the respective licensees; ( d ) the social impact of the direction; ( e ) the impact of the direction on the use of other public passenger transport in Singapore; ( f ) standards of quality, reliability and safety of those services (whether those standards are specified by legislation, licence conditions, agreement or otherwise); ( g ) any other matter the LTA considers relevant having regard to the purposes of this Act. (2) A direction given under subsection (1) — ( a ) may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, the things specified in the direction or the things that are of a description specified in the direction; ( b ) takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and ( c ) may be revoked at any time by the LTA. (3) Without limiting subsection (2), a direction under subsection (1) so as to alleviate or minimise any risk of obstructing any measures taken to reduce the impact of any serious public passenger transport incident in Singapore or a part of Singapore, may require the licensee concerned to stop providing point‑to‑point passenger transport services specified in the direction to hirers in any part of Singapore, for a period not exceeding 24 hours, or any further periods not exceeding 24 hours each. (4) A direction under this section continues in force until the earlier of the following occurs: ( a ) the expiry date (if any) stated in the direction is reached; ( b ) the LTA revokes the direction. (5) Before exercising any power under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee concerned — ( a ) stating that the LTA intends to give a direction to the licensee under this section and the nature of the direction; and ( b ) specifying the time (being not less than 14 days after the date of service of the notice on the licensee) within which written representations may be made to the LTA with respect to the proposed direction. (6) The LTA may, after considering any written representation under subsection (5)( b ), decide to give or not to give, or to modify, the direction as the LTA considers appropriate. (7) The LTA must serve on the licensee concerned a notice of its decision under subsection (6). (8) Every licensee must comply with every direction given under this section to the licensee as soon as it takes effect. (9) However, nothing in this section authorises the LTA to give any direction with regard to fares which are regulated by the PTC under the Public Transport Council Act 1987. (10) In this section, “serious public passenger transport incident” includes any of the following: ( a ) a stoppage or disruption of more than one regular route service (within the meaning given by the Bus Services Industry Act 2015) in Singapore or any part of Singapore; ( b ) a large‑scale disruption of services on one or more rapid transit systems within the meaning of the Rapid Transit Systems Act 1995. Division 3 &#x2014; Emergency directives


document_id: ppptia-2019
provision_ref: s32
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 32
title: Emergency directives
content:
32. —(1) Subject to subsection (2), the LTA may, and in accordance with subsections (3), (4), (5) and (6), give such emergency directives as may be necessary to alleviate or minimise any risk — ( a ) of death of, or a serious injury to, any individual from the provision of any point‑to‑point passenger transport service; or ( b ) of damage to any property from the provision of any point‑to‑point passenger transport service. (2) The LTA must not make any emergency directive unless it is impracticable in the circumstances of the particular case for the LTA to make or amend any Regulations to effectively alleviate or minimise the risk concerned. (3) The LTA may give an emergency directive made under this section to all or any of the following, individually or as a class: ( a ) a licensee; ( b ) an exempt ride‑hail service operator; ( c ) a provider of a street‑hail service or ride‑hail service which is exempt from section 9(1) or 10(1) (as the case may be) by an order under section 52. (4) In making an emergency directive under this section, it is not necessary for the LTA to give any person who may be affected by the directive a chance to be heard before the directive is given. (5) An emergency directive may be in force for a period not exceeding 6 months unless earlier revoked under subsection (6), and may be renewed by the LTA once only for a further period not exceeding 6 months. (6) The LTA may, at any time when any emergency directive is in force, revoke the emergency directive by giving notice of that revocation in the same manner as the directive was given. (7) So far as any emergency directive is inconsistent with the Regulations, the emergency directive prevails.


document_id: ppptia-2019
provision_ref: s33
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 33
title: How emergency directive is given
content:
33. —(1) An emergency directive is binding on the person or class of persons to whom it is addressed and given. (2) An emergency directive that is addressed to a person is sufficiently given if it is served in the manner prescribed in section 51. (3) An emergency directive that is addressed to a class of persons is sufficiently given if it is — ( a ) served on each of the persons in the class in the manner prescribed in section 51; or ( b ) published both — (i) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the LTA, is most likely to bring the emergency directive to the attention of the persons who belong to the class; and (ii) on the LTA’s official website. (4) Once such an emergency directive is made and given under this section, the LTA must also publish the making of the directive in a manner that the LTA thinks will secure adequate publicity for the fact of making and giving of the emergency directive. (5) However, failure to publish an emergency directive under subsection (4) does not invalidate the directive. (6) An emergency directive that is given — ( a ) in accordance with subsection (2) takes effect when it is served; ( b ) in accordance with subsection (3)( a ) takes effect when it is served on all the persons in the class in question; and ( c ) in accordance with subsection (3)( b ) takes effect at the beginning of the day after the date on which subsection (3)( b ) has been complied with.


document_id: ppptia-2019
provision_ref: s34
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 34
title: General duty to comply with emergency directives
content:
34. —(1) An emergency directive may require the person it binds (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, the things specified in the directive or the things that are of a description specified in the directive, including stopping any point‑to‑point passenger transport service within any part of Singapore. (2) A person to whom an emergency directive is given and who is required by the directive to do, or to refrain from doing, for a specified period, the things specified in the directive or the things that are of a description specified in the directive, commits an offence if the person intentionally or negligently fails to comply with the directive. (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ppptia-2019
provision_ref: s35
chapter: PART 6 - ENFORCEMENT
section: 35
title: Suspension or revocation, etc., of licence
content:
35. —(1) Subject to section 36, if the LTA is satisfied that — ( a ) a licensee is contravening or not complying with, or has contravened or failed to comply with — (i) any of the conditions of its licence; (ii) any provision of this Act or the Regulations applicable to the licensee, contravention of or non‑compliance with which is not an offence under this Act; (iii) any provision of a code of practice applicable to the licensee; or (iv) any direction given to the licensee under section 31 or subsection (2)( c ), ( d ) or ( f ); ( b ) the licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( c ) the licensee has made any assignment to, or composition with, its creditors or, if a corporation, is unable to pay its debts; ( d ) the licensee is not providing an adequate and satisfactory street‑hail service or ride‑hail service, as the case may be; ( e ) the licensee or an officer of the licensee is convicted of any offence under this Act or the Regulations committed during the term of the licence; ( f ) the licence had been obtained by the licensee by fraud or misrepresentation; ( g ) any part of the periodic licence fee required by section 14 or 20 is in arrears; or ( h ) the public interest of Singapore requires, the LTA may revoke (without any compensation) the licensee’s licence, with or without forfeiting the whole or part of any performance bond, guarantee or other form of security furnished by the licensee under this Act. (2) However, the LTA may, in lieu of revoking a licensee’s licence under subsection (1), do any one or more of the following: ( a ) censure the licensee in writing; ( b ) modify any condition of the licence (sections 16(2) and 22(2) being disapplied); ( c ) direct the furnishing of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for either or both the following: (i) to secure compliance by the licensee with any condition attached to the licence or any code of practice applicable to the licensee; (ii) for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensee; ( d ) direct the licensee to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)( a ); ( e ) suspend the licence without any compensation for not more than 3 months; ( f ) direct the licensee to pay, within a period specified in a direction, a financial penalty of such amount as the LTA thinks fit, but not exceeding the maximum specified in subsection (6). (3) Where any financial penalty is imposed on a licensee under subsection (2) for contravening or not complying with any condition in its licence or any code of practice applicable to the licensee, any performance bond, guarantee or other form of security given by the licensee to secure compliance by the licensee with any condition attached to the licence or any code of practice applicable to the licensee must not be forfeited by the LTA for that contravention except to the extent to pay the financial penalty. (4) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA may accept the licensee’s or the person’s conviction as final and conclusive. (5) For the purposes of subsection (1)( c ), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 254(2) or 351(2) (as the case may be) of the Companies Act 1967 as in force before 30 July 2020. (6) The highest of the following is the maximum financial penalty that a licensee holding a street‑hail service licence or ride‑hail service licence may be directed under subsection (2)( f ) to pay at the end of proceedings under this section with a view to regulatory action: ( a ) $100,000; ( b ) 10% of the annual turnover from the licensee’s business of providing a street‑hail service or ride‑hail service (as the case may be) ascertained from the licensee’s latest audited accounts; ( c ) $100,000 for each contravention or failure to comply that is the subject of the regulatory action where the ground of the regulatory action is subsection (1)( a ); ( d ) 10% of the annual turnover from the licensee’s business of providing a street‑hail service or ride‑hail service (as the case may be) ascertained from the licensee’s latest audited accounts, for each act done or omission made that results in a failure to provide an adequate and satisfactory street‑hail service or ride‑hail service, where the ground of the regulatory action is subsection (1)( d ). (7) All financial penalties imposed under subsection (2) must be paid into the Consolidated Fund.


document_id: ppptia-2019
provision_ref: s36
chapter: PART 6 - ENFORCEMENT
section: 36
title: Proceedings for regulatory action
content:
36. —(1) Before exercising any powers under section 35(1) or (2) in relation to a licensee, the LTA must give written notice to the licensee concerned — ( a ) stating that the LTA intends to take regulatory action against the licensee; ( b ) specifying the type of action in section 35(1) or (2) the LTA proposes to take, and each ground and each instance of non‑compliance (where applicable), that is the subject of the action; and ( c ) specifying the time (being not less than 14 days after the date of service of notice on the licensee) within which written representations may be made to the LTA with respect to the proposed action. (2) The LTA may, after considering any written representation mentioned in subsection (1)( c ), decide to take such regulatory action in section 35(1) or (2) as the LTA considers appropriate. (3) Where the LTA has made any decision under subsection (2) against any licensee, the LTA must serve on the licensee concerned a notice of its decision. (4) Subject to section 44, a decision to revoke a licence under section 35(1), or to impose a regulatory action in section 35(2), which is specified in the notice given under subsection (3), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice. (5) Any suspension or revocation of any licence under section 35 with respect to a licensee does not affect — ( a ) the enforcement by any person of any right or claim against the licensee or the former licensee, as the case may be; or ( b ) the enforcement by the licensee or former licensee (as the case may be) of any right or claim against any person. Division 2 &#x2014; Enforcement powers


document_id: ppptia-2019
provision_ref: s37
chapter: PART 6 - ENFORCEMENT
section: 37
title: Purpose for which enforcement powers are exercisable by authorised officers
content:
37. —(1) An authorised officer may exercise the powers set out in this Division for any of the following purposes: ( a ) to determine compliance with this Act and the Regulations, including whether an offence under this Act or the Regulations has been committed; ( b ) to determine compliance with any condition of a licence or in an exempt ride‑hail operator order with respect to any exempt ride‑hail service operator; ( c ) to determine whether information provided to the LTA under a provision of this Act or its subsidiary legislation is correct; ( d ) to investigate whether there are grounds for taking any regulatory action against a licensee. (2) To avoid doubt, nothing in this Division limits section 39 of the Land Transport Authority of Singapore Act 1995 with respect to an offence under this Act or the Regulations.


document_id: ppptia-2019
provision_ref: s38
chapter: PART 6 - ENFORCEMENT
section: 38
title: Powers of entry, etc., at premises
content:
38. —(1) An authorised officer may, in accordance with subsection (2), enter any premises occupied by a relevant person which the authorised officer reasonably believes to be used for or in connection with the provision of any point‑to‑point passenger transport service, and do all or any of the following at the premises: ( a ) to examine any thing or observe any activity conducted in or on the premises; ( b ) to search the premises and any thing in or on the premises; ( c ) to make a still or moving image or recording of the premises and any thing in or on the premises; ( d ) to inspect any document in the premises and take extracts from, or make copies of, any such document; ( e ) to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises; ( f ) to operate electronic equipment in or on the premises; ( g ) to secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the authorised officer believes on reasonable grounds that — (i) the thing is evidential material relevant to an offence under this Act or the Regulations, or is used or intended to be used for the purpose of contravening any condition of a licence or in an exempt ride‑hail operator order or any code of practice, direction or emergency directive under this Act; and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; ( h ) to seize any thing found in or on the premises which the authorised officer reasonably suspects is as described in paragraph ( g )(i); ( i ) to require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the officer reasonably requires for the purposes of section 37. (2) However, an authorised officer is not authorised by subsection (1) — ( a ) to enter any premises except — (i) with the consent of the occupier; or (ii) under a warrant of a Magistrate’s Court or District Court; ( b ) to search any premises unless the search is made under a warrant of a Magistrate’s Court or District Court; or ( c ) to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court. (3) A warrant mentioned in subsection (2) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for the authorised officer to enter the premises, search the premises or seize any thing (as the case may be) for the purposes of section 37. (4) The power under subsection (1)( f ) to operate electronic equipment in or on any premises includes the power — ( a ) to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and ( c ) to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the premises for the exercise of the power; or (ii) is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from those premises. (5) The power under subsection (1)( g ) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power — ( a ) to secure the thing by locking it up, placing a guard or any other means; and ( b ) to prohibit any person from dealing with such thing. (6) The power to require an individual to provide any document or information under subsection (1)( i ) includes the power — ( a ) to require that individual to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that individual to state, to the best of the individual’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 authorised officer or the LTA in legible form. (7) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an authorised officer seizes any thing under this section. (8) In this section, “relevant person” means — ( a ) a person to whom a licence is or was granted; ( b ) a person who is or was an exempt ride‑hail service operator; ( c ) an individual who is or was an officer or a representative of a person mentioned in paragraph ( a ) or ( b ); ( d ) an individual who is or was an employee of the provider of a point‑to‑point passenger transport service; ( e ) a person whom an authorised officer suspects on reasonable grounds is or was the provider of any point‑to‑point passenger transport service, or an agent of such a person; or ( f ) an individual who is or was — (i) a related driver of a licensee of a street‑hail service licence; or (ii) a participating bookable driver of a licensee of a ride‑hail service licence or an exempt ride‑hail service operator.


document_id: ppptia-2019
provision_ref: s39
chapter: PART 6 - ENFORCEMENT
section: 39
title: Powers in relation to motor vehicles
content:
39. —(1) An authorised officer may do all or any of the following in relation to a motor vehicle which the authorised officer reasonably believes to be used for or in connection with the provision of any point‑to‑point passenger transport service: ( a ) to stop and detain the vehicle for as long as is reasonably necessary for the exercise of any other power of the authorised officer under this section; ( b ) to inspect the vehicle and any equipment in or on the vehicle; ( c ) to make a still or moving image or recording of the vehicle and any thing in or on the vehicle; ( d ) to inspect any document in the vehicle and take extracts from, or make copies of, any such document; ( e ) to operate a computer or other thing in or on the vehicle; ( f ) to require the driver or any passenger of the vehicle, or a person in possession of the vehicle, to answer any question (to the best of that individual’s or person’s knowledge, information and belief) and to provide any document or information that the officer reasonably requires for the purposes of section 37. (2) The power to require an individual or person to provide any document or information under subsection (1)( f ) includes the power — ( a ) to require that individual or person to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that individual or person to state, to the best of the individual’s or 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 authorised officer or the LTA in legible form.


document_id: ppptia-2019
provision_ref: s40
chapter: PART 6 - ENFORCEMENT
section: 40
title: Power to obtain information
content:
40. —(1) An authorised officer may by written notice require any licensee or exempt ride‑hail service operator to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which — ( a ) relate to any matter which the authorised officer considers necessary for the purposes of section 37; and ( b ) are — (i) within the knowledge of that licensee or exempt ride‑hail service operator, as the case may be; or (ii) in the custody or under the control of the licensee or exempt ride‑hail service operator, as the case may be. (2) The power to require a licensee or an exempt ride‑hail service operator to provide any document or information under subsection (1) includes the power — ( a ) to require that licensee or exempt ride‑hail service operator, or any individual who is or was an officer or agent or a representative of the licensee or exempt ride‑hail service operator (as the case may be), to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that licensee, exempt ride‑hail service operator or individual to state, to the best of the knowledge and belief of that licensee, exempt ride‑hail service operator or individual (as the case may be), 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 LTA or an authorised officer in legible form. (3) The LTA is entitled without payment to keep any document or information, or any copy or extract, provided to the LTA or an authorised officer under subsection (1) or section 38(1)( i ) or 39(1)( f ).


document_id: ppptia-2019
provision_ref: s41
chapter: PART 6 - ENFORCEMENT
section: 41
title: Offences
content:
41. —(1) A person who, without reasonable excuse, fails to do anything required of the person by an authorised officer under section 38(1) or 39(1), or by notice under section 40(1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) A person — ( a ) who intentionally alters, suppresses or destroys any document or information which the person has been required by an authorised officer under section 38(1)( i ) or 39(1)( f ), or by a notice under section 40(1) to provide; or ( b ) who, in providing any document or information required by an authorised officer under section 38(1)( i ) or 39(1)( f ), or by a notice under section 40(1), makes any statement 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 and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the person — ( a ) does not possess the document or information required; or ( b ) has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it. (4) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.


document_id: ppptia-2019
provision_ref: s42
chapter: PART 6 - ENFORCEMENT
section: 42
title: Composition of offences
content:
42. —(1) The LTA or an authorised officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: ppptia-2019
provision_ref: s43
chapter: PART 7 - APPEALS
section: 43
title: Interpretation of this Part
content:
43. In this Part, unless the context otherwise requires — “appealable decision” means any of the following decisions of the LTA: ( a ) a decision refusing the grant of a licence under section 13 or 19; ( b ) any decision under section 15 or 21 imposing a condition in a licensee’s licence, as the case may be; ( c ) any modification under section 16 or 22 of a condition in a licensee’s licence; ( d ) a refusal of consent under section 17 or 23 to a transfer or assignment of a licence; ( e ) a decision under section 35(1) to revoke a licence; ( f ) a decision under section 35(2) to impose a regulatory action against a licensee; ( g ) a direction under section 31, except a direction described in section 31(3); “appellant” means any of the following in relation to the following appealable decisions: ( a ) an applicant for the grant of a licence, where the appealable decision is within paragraph ( a ) of the definition of “appealable decision”; ( b ) a licensee, where the appealable decision is within paragraphs ( b ), ( c ), ( d ), ( f ) and ( g ) of the definition of “appealable decision”; ( c ) a licensee or former licensee, where the appealable decision is within paragraph ( e ) of the definition of “appealable decision”; “Minister of State” means a Minister of State or Senior Minister of State assisting the Minister on matters within the purposes of this Act; “Parliamentary Secretary” includes a Senior Parliamentary Secretary appointed to assist the Minister in the discharge of the Minister’s duties and functions under this Act; “Second Minister” means the Second Minister to the Minister, if any.


document_id: ppptia-2019
provision_ref: s44
chapter: PART 7 - APPEALS
section: 44
title: Appeal to Minister
content:
44. —(1) An appellant who is aggrieved by an appealable decision may appeal to the Minister against the decision in accordance with this section. (2) An appeal under this section must be in writing and specify the grounds on which it is made, and be made — ( a ) for an appealable decision under section 16 or 22 about the modification of a condition in a licence, within 28 days after the date the decision appealed against is served; and ( b ) for any other appealable decision, within 14 days after the date the decision appealed against is served. (3) The Minister may reject an appeal of an appellant who fails to comply with subsection (2). (4) After considering an appeal, the Minister may — ( a ) reject the appeal and confirm the LTA’s decision; or ( b ) allow the appeal and substitute or vary the LTA’s decision. (5) The Minister’s decision on an appeal is final. (6) Every appellant must be notified of the Minister’s decision under subsection (4). (7) An appeal against an appealable decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister under this subsection, the decision appealed against must be complied with until the determination of the appeal.


document_id: ppptia-2019
provision_ref: s45
chapter: PART 7 - APPEALS
section: 45
title: Designation of others to hear appeals
content:
45. The Minister may designate a Second Minister, Minister of State or Parliamentary Secretary to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 44; and any reference in that section to the Minister includes a reference to the Second Minister, Minister of State or Parliamentary Secretary so designated for that appeal.


document_id: ppptia-2019
provision_ref: s46
chapter: PART 8 - MISCELLANEOUS
section: 46
title: Interface with other laws
content:
46. To avoid doubt, this Act does not affect the operation of the Public Transport Council Act 1987, the Road Traffic Act 1961 or the Workplace Safety and Health Act 2006.


document_id: ppptia-2019
provision_ref: s47
chapter: PART 8 - MISCELLANEOUS
section: 47
title: Recovery of fees and penalties
content:
47. —(1) The LTA may impose interest at the prescribed rate on any outstanding amount of — ( a ) any fee payable under section 13 or 19 for the grant of a licence; ( b ) any periodic fee payable under section 14 or 20; or ( c ) any financial penalty directed under section 35(2) to be paid. (2) The following may be recovered by the LTA in any court of competent jurisdiction as if they were simple contract debts: ( a ) any fee payable under section 13 or 19 for the grant of a licence; ( b ) any periodic fee payable under section 14 or 20; ( c ) any financial penalty directed under section 35(2) to be paid; ( d ) any interest mentioned in subsection (1).


document_id: ppptia-2019
provision_ref: s48
chapter: PART 8 - MISCELLANEOUS
section: 48
title: Offences by corporations
content:
48. —(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; “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 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. (7) The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.


document_id: ppptia-2019
provision_ref: s49
chapter: PART 8 - MISCELLANEOUS
section: 49
title: Offences by unincorporated associations or partnerships
content:
49. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (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 48(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. (7) The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.


document_id: ppptia-2019
provision_ref: s50
chapter: PART 8 - MISCELLANEOUS
section: 50
title: Jurisdiction of courts
content:
50. 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 the offence.


document_id: ppptia-2019
provision_ref: s51
chapter: PART 8 - MISCELLANEOUS
section: 51
title: Service of documents
content:
51. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by 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, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) In addition, a document permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; ( b ) where by the exercise of reasonable diligence, the name of any individual or a body of persons to whom the document is to be served, or the business address, residential address or last email address of the individual or body, cannot be ascertained, by posting it on a website maintained by the LTA and prescribed by the Minister by notification in the Gazette for this purpose; or ( c ) by any other method authorised by the Regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way. (6) Service of a document takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; ( c ) if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered); and ( d ) if the document is posted on a website mentioned in subsection (5)( b ), at the beginning of the day after the date on which subsection (5)( b ) has been complied with. (7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent (express or implied) to service in that way. (8) In this section, “document” includes a notice or order permitted or required by this Act to be served. (9) However, this section does not apply to documents to be served in proceedings in court. (10) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: ppptia-2019
provision_ref: s52
chapter: PART 8 - MISCELLANEOUS
section: 52
title: General exemption
content:
52. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose.


document_id: ppptia-2019
provision_ref: s53
chapter: PART 8 - MISCELLANEOUS
section: 53
title: Regulations
content:
53. —(1) The LTA may, with the approval of the Minister, make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the LTA may make regulations for any of the following: ( a ) classes of licences; ( b ) the form and manner in which, and the time within which, an application for the grant of a licence may be made under this Act; ( c ) the carrying out of inquiries of applicants for a licence; ( d ) the duties of licensees; ( e ) the fees to be paid in respect of applications for the grant of a licence and otherwise in connection with the administration of this Act, and for the waiver, reduction or refund of fees charged; ( f ) the records that must be kept by licensees and the provision of returns and other information with respect to the provision of point‑to‑point passenger transport services, including audio and visual records about the provision of the services. (3) Regulations made under this section may — ( a ) prescribe the offences under this Act which may be compounded; ( b ) provide that any contravention of any provision of the Regulations shall be an offence punishable with a fine not exceeding $10,000; and ( c ) provide for any saving, transitional, and other consequential, incidental and supplemental provisions that are necessary or expedient for the purposes of this Act.


document_id: ppptia-2019
provision_ref: s54
chapter: PART 8 - MISCELLANEOUS
section: 54
title: Presentation to Parliament
content:
54. All subsidiary legislation made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ppptia-2019
provision_ref: s57
chapter: PART 9 - CONSEQUENTIAL AND RELATED
section: 57
title: Related amendment to Motor Vehicles (Third‑Party Risks and Compensation) Act 1960
content:
57. Section 3(3) of the Motor Vehicles (Third‑Party Risks and Compensation) Act 1960 is amended by inserting, immediately after the words “convicted of an offence under this section”, the words “for driving a motor vehicle in contravention of this section”. Division 4 &#x2014; [Omitted as having had effect] 58. [ Omitted as having had effect ] 59. [ Omitted as having had effect ] 60. [ Omitted as having had effect ] Division 5 &#x2014; [Omitted as having had effect] 61. [ Omitted as having had effect ] 62. [ Omitted as having had effect ] 63. [ Omitted as having had effect ] 64. [ Omitted as having had effect ] 65. [ Omitted as having had effect ] 66. [ Omitted as having had effect ] Division 6 &#x2014; [Omitted as having had effect] 67. [ Omitted as having had effect ]


document_id: ppptia-2019
provision_ref: s68
chapter: PART 10 - SAVING AND TRANSITIONAL ARRANGEMENTS
section: 68
title: Saving and transitional provisions
content:
68. —(1) This Act applies to and in relation to — ( a ) every taxi service operator licence that is granted, before 30 October 2020, under Part VA of the Road Traffic Act 1961 and is in force immediately before that date; and ( b ) every registration as a registered provider of a third‑party taxi booking service for journeys by taxi within, or partly within, Singapore, under the Third‑Party Taxi Booking Service Providers Act 2015 that is in force immediately before 30 October 2020, subject to such adaptations provided in the Schedule. (2) For a period of 2 years after 29 May 2020, the Minister may, by order in the Gazette , amend the Schedule by prescribing any additional provisions of a saving or transitional nature consequent on the enactment of this section that the Minister may consider necessary or expedient. (3) Nothing in this section or the Schedule affects section 16 of the Interpretation Act 1965.


document_id: ppsa-1975
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “designated area” means any area or place which the Minister may, by order in the Gazette , specify as being a designated area for the purposes of this Act; “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; “parking lot” means the space marked out in a parking place for the parking of one motor vehicle; “parking place” means any land or premises, or any part of the land or premises, owned by any person, statutory board or institution and used for the parking of 5 or more motor vehicles; “Superintendent” means the Superintendent of Car Parks or a Deputy or an Assistant Superintendent of Car Parks appointed under the Parking Places Act 1974; “surcharge” means a surcharge imposed in respect of any parking place.


document_id: ppsa-1975
provision_ref: s3
section: 3
title: Levy of surcharge
content:
3. —(1) There is to be levied a surcharge in respect of every parking place in any designated area at such rate or rates as the Minister may, by order in the Gazette , determine. (2) Such rate or rates must be on the basis of the number of parking lots or otherwise as the Minister may determine. (3) The surcharge is payable at such time and in such manner as the Minister may, by order in the Gazette , determine. (4) The surcharge is payable, without demand, at the office of the Superintendent or any other prescribed place. (5) All surcharges required to be paid under this Act or any order made under this Act are recoverable as a debt due to the Government. (6) Despite the provisions of any other written law, the Superintendent must not refund any surcharge except in such special circumstances as the Superintendent may approve.


document_id: ppsa-1975
provision_ref: s4
section: 4
title: Power to seek information
content:
4. —(1) For the purposes of enforcing the provisions of this Act, the Superintendent may, and as often as the Superintendent thinks necessary, require any person — ( a ) to submit or give to the Superintendent, within such period as the Superintendent thinks fit, any form, return or information; or ( b ) to answer any question raised by the Superintendent. (2) All forms and returns under this Act must be in such form as the Superintendent may require. (3) Any person who fails to submit any form or return as required under subsection (1), or who in any such form or return makes any statement which is false in any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months.


document_id: ppsa-1975
provision_ref: s5
section: 5
title: Power to compound offences
content:
5. The Superintendent may accept from any person who is reasonably suspected of having committed an offence under this Act or any of its orders or rules a sum of money not exceeding $500 by way of composition for the offence which may have been committed.


document_id: ppsa-1975
provision_ref: s7
section: 7
title: Exemption
content:
7. The Minister may exempt any parking place or part of any parking place from all or any of the provisions of this Act.


document_id: ppsa-1975
provision_ref: s8
section: 8
title: Non-application
content:
8. —(1) The provisions of this Act do not apply to private parking places used exclusively in connection with any private dwelling house for the housing or parking of vehicles kept for private use only. [24/2018] (2) In this section, “dwelling house” means any building or tenement, or any part thereof, which is used, constructed or adapted for use for human habitation.


document_id: ppsa-1975
provision_ref: s9
section: 9
title: Rules
content:
9. The Minister may make rules for the purpose of carrying into effect any of the provisions of this Act.


document_id: ppsa-1990
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “appointed authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996 and any person appointed by the Minister for the purposes of this Act or any regulations made under this Act; “Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996; “ballast tank” means any tank, hold or space used for the carriage of ballast water; “ballast water” means water with its suspended matter taken on board a ship to control trim, list, draught, stability or stresses of the ship; “ballast water management” means mechanical, physical, chemical, and biological processes, either singularly or in combination, to remove, render harmless, or avoid the uptake or discharge of harmful aquatic organisms and pathogens within ballast water and sediments; “Ballast Water Management Convention” means the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004; “ballast water management system” — ( a ) means any system which processes ballast water such that it meets or exceeds the ballast water performance standard in the Ballast Water Management Convention; and ( b ) includes ballast water treatment equipment, all associated control equipment, piping arrangements specified by the manufacturer of the ballast water management system as forming part of the ballast water management system, control and monitoring equipment and sampling facilities; but ( c ) does not include any of the ship’s ballast water fittings, such as piping, valves and pumps, that would be required to be fitted even if the ballast water management system was not fitted; “Convention” means the Convention of 1973 as modified and added to by the Protocol of 1978; “Convention of 1973” means the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes attachment 1 to the final act of the International Conference on Marine Pollution signed in London on 2 November 1973; “Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that section; “discharge”, in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship, place or thing and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying but does not include — ( a ) release of harmful substances directly arising from the exploration, exploitation and associated off‑shore processing of seabed mineral resources; or ( b ) release of harmful substances for purposes of legitimate scientific research into pollution abatement or control; “garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships; “harmful aquatic organisms and pathogens” means aquatic organisms or pathogens which, if introduced into the sea including estuaries, or into fresh water courses, may create hazards to the environment, human health, property or resources, impair biological diversity or interfere with other legitimate uses of such areas; “harmful substance” means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control under this Act; “inspector” means a person who — ( a ) is a surveyor of ships; or ( b ) is appointed in writing by the Director to be an inspector for the purposes of this Act or any regulations made under this Act; “in packaged form” means in an individual package or receptacle including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit containing harmful substances for shipment; “marine pollutant” means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time; “MARPOL” refers to the Convention; “MARPOL surveyor” means a surveyor appointed or registered by the Director or by or on behalf of the government of a state party to the Convention; “master” includes every person, except a pilot, having command or charge of any ship; “noxious liquid substance” means any substance which is prescribed by regulations as being a noxious liquid substance and which is subject to the provisions of Annex II of the Convention; “occupier”, in relation to any place on land if it has no actual occupier, means the owner thereof and, in relation to a railway wagon or road vehicle, means the person in charge of the wagon or vehicle and not the occupier of the land on which the wagon or vehicle stands; “oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are prescribed by regulations as being subject to the provisions of Annex II of the Convention) and, without limiting the foregoing, includes the substances prescribed by regulations as being listed in Appendix I of Annex I of the Convention; “oily mixture” means a mixture with an oil content of 15 parts or more in 1 million parts of the mixture; “oil residues” means any waste material consisting of, or arising from, oil or oily mixture; “oil terminal” means any place having permanent means of loading or discharging oil, whether in bulk or package, into or from any ship; “owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship or the bareboat charterer of the ship; and, in the case of a ship owned by a state and operated by a company which in that state is registered as the ship’s operator, “owner” includes that state; “place on land” includes anything resting on the bed or shore of the sea, or of Singapore waters, and also includes anything afloat (other than a ship) if it is anchored or attached to the bed or shore of the sea or of Singapore waters; “plastics” includes, but is not limited to, synthetic ropes, synthetic fishing nets and plastic garbage bags; “port” has the meaning given by the Maritime and Port Authority of Singapore Act 1996; “Port Master” means the Port Master appointed under section 15 of the Maritime and Port Authority of Singapore Act 1996 and includes any Deputy Port Master appointed under that section; “Protocol of 1978” means the Protocol relating to the Convention of 1973 which constitutes attachment 2 to the final act of the International Conference on Tanker Safety and Pollution Prevention signed in London on 17 February 1978; “reception facilities” means facilities which enable ships to — ( a ) discharge or deposit residues and mixtures, which residues and mixtures contain oil or noxious liquid substances; or ( b ) discharge sediments; “sediments” means matter settled out of ballast water within a ship; “ship” means a vessel of any type operating in the marine environment and includes hydrofoil boats, air‑cushion vehicles, submersibles, floating craft and fixed or floating platforms; “Singapore ship” means a ship registered under Part 2 of the Merchant Shipping Act 1995; “Singapore waters” means the following waters: ( a ) the whole of the sea within the seaward limits of the territorial waters of Singapore; ( b ) all other waters (including inland waters) which are within these limits and are subject to the ebb and flow of the ordinary tides; “surveyor of ships” means a surveyor of ships appointed under section 5 of the Merchant Shipping Act 1995; “tank” means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk; “terminal” means any terminal (including an oil terminal), jetty, pier or monobuoy and a yard or dry dock (including the precincts of the terminal) in which — ( a ) vessels are constructed, reconstructed, repaired, refitted, finished or broken up; or ( b ) ballast tanks of vessels are cleaned or repaired; “terminal operator” means a person or body of persons having the management of a terminal in Singapore; “trade effluent” means the solid or liquid waste of any trade, business or manufacture. [26/2017] (2) For the purpose of any provision of this Act relating to the discharge of oil, oily mixture, refuse, garbage, waste matter, plastics, marine pollutant in packaged form, noxious liquid substance, trade effluent, ballast water or sediments from a ship, any floating craft other than a ship which is attached to a ship is to be treated as part of the ship. [26/2017] (3) Unless the context otherwise requires — ( a ) a reference in this Act to the discharge of any oil, oily mixture, noxious liquid substance, ballast water or sediments from a ship is a reference to the discharge of the oil, oily mixture, noxious liquid substance, ballast water or sediments from the ship at any place in or outside Singapore; and ( b ) a reference in this Act to the discharge of any oil, oily mixture, noxious liquid substance or sediments from a place on land is a reference to the discharge of the oil, oily mixture, noxious liquid substance or sediments from the place at any place in or outside Singapore. [26/2017] (4) Any reference in this Act to the Convention, the Ballast Water Management Convention or any other international agreement is to be construed as including a reference to its protocols, annexes, appendices and other attachments. [26/2017]


document_id: ppsa-1990
provision_ref: s3
chapter: PART 2 - PREVENTION OF POLLUTION FROM
section: 3
title: Prohibition of discharge of oil or oily mixtures from land or apparatus
content:
3. If any oil or oily mixture is discharged into Singapore waters from any place on land, or from any apparatus used for transferring oil from or to any ship (whether to or from a place on land or to or from another ship) — ( a ) if the discharge is from a place on land — the occupier of that place or if the discharge is caused by the act of another person who is in that place without the permission (express or implied) of the occupier, that person; or ( b ) if the discharge is from an apparatus used for transferring oil from or to a ship — the person in charge of the apparatus, shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $1 million or to imprisonment for a term not exceeding 2 years or to both.


document_id: ppsa-1990
provision_ref: s4
chapter: PART 2 - PREVENTION OF POLLUTION FROM
section: 4
title: Special defences to section 3
content:
4. —(1) Where a person is charged with an offence under section 3 as the occupier of a place on land, or as the person in charge of any apparatus, from which the oil or oily mixture is alleged to have been discharged, it is a defence to prove that the discharge of the oil or oily mixture was not due to any want of reasonable care, and that as soon as practicable after the discharge was discovered all reasonable steps were taken for stopping or reducing it. [26/2017] (2) Without affecting subsection (1), it is a defence for the occupier of a place on land, who is charged with an offence under section 3, to prove that the discharge was caused by the act of a person who was in that place without the permission (express or implied) of the occupier. (3) Where a person is charged with an offence under section 3 in respect of the discharge of an oily mixture from a place on land, it is (without affecting any other defence under this section) a defence to prove — ( a ) that the oil was contained in an effluent produced by operations for the refining of oil; ( b ) that it was not reasonably practicable to dispose of the effluent otherwise than by discharging it into Singapore waters; and ( c ) that all reasonably practicable steps had been taken for eliminating oil from the effluent. (4) Where it is proved that, at the time to which the charge relates, the surface of the waters into which the oily mixture was discharged or the land adjacent to those waters was fouled by oil, the defence under subsection (3) does not apply unless the court is satisfied that the fouling was not caused, or contributed to, by oil contained in any effluent discharged at or before that time from that place. (5) Where any oil or oily mixture is discharged in consequence of the removal of sunk, stranded or abandoned ships by the Authority in exercise of any power conferred by any written law, and apart from this subsection the Authority or a person employed by or acting on behalf of the Authority would be guilty of an offence under section 3 in respect of that discharge, the Authority or person shall not be convicted of that offence unless it is shown that the Authority or that person failed to take such steps (if any) as were reasonable in the circumstances for preventing, stopping or reducing the discharge.


document_id: ppsa-1990
provision_ref: s5
chapter: PART 2 - PREVENTION OF POLLUTION FROM
section: 5
title: Person throwing pollutants into Singapore waters
content:
5. Any person who puts, throws, casts or deposits into Singapore waters, or causes to be put, thrown, cast or deposited thereinto, any oil, oily mixture, refuse, garbage, plastics, waste matter, carcase, noxious liquid substances, marine pollutant in packaged form or trade effluent, 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 6 months or to both. [26/2017]


document_id: ppsa-1990
provision_ref: s5A
chapter: PART 2 - PREVENTION OF POLLUTION FROM
section: 5A
title: Prohibition of discharge of sediments from land or apparatus
content:
5A. —(1) If any sediments are discharged into Singapore waters from any place on land — ( a ) the occupier of that place; or ( b ) if the discharge is caused by the act of another person who is in that place without the permission (express or implied) of the occupier, that 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 6 months or to both. [26/2017] (2) If any sediments are discharged into Singapore waters from any apparatus used for transferring sediments from or to any ship (whether to or from a place on land or to or from another ship), the person in charge of the apparatus 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 6 months or to both. [26/2017]


document_id: ppsa-1990
provision_ref: s6
chapter: PART 3 - PREVENTION OF POLLUTION FROM SHIPS
section: 6
title:
Prohibition of discharge of refuse, garbage, wastes, effluents, plastics and dangerous pollutants from ships

content:
6. —(1) Subject to subsection (2) and any regulations made under subsection (5), if any disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form occurs from any ship into Singapore waters, the master, the owner and the agent of the ship 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 6 months or to both. [26/2017] (2) Subsection (1) does not apply to the disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form from a ship — ( a ) which is necessary for the purpose of securing the safety of a ship or saving life at sea; or ( b ) if the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form (as the case may be) escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form, as the case may be. (3) Subsection (1) does not apply where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is lost at sea, and all reasonable precautions were taken to prevent the loss. (4) For the purposes of subsection (2), damage to a ship or to its equipment is taken to be intentional damage, if the damage arose in circumstances in which the master, the owner or the agent of the ship — ( a ) acted with intent to cause the damage; or ( b ) acted recklessly and with knowledge that damage would probably result. (5) The Authority may, with the approval of the Minister, make regulations to exempt any ship from the operation of subsection (1), either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular descriptions of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form or to the disposal or discharge thereof in prescribed circumstances, or in relation to particular areas of the sea.


document_id: ppsa-1990
provision_ref: s7
chapter: PART 3 - PREVENTION OF POLLUTION FROM SHIPS
section: 7
title: Prohibition of discharge of oil and oily mixtures from ships
content:
7. —(1) Subject to subsection (2) and any regulations made under subsection (4), if any discharge of oil or oily mixture occurs from a Singapore ship into any part of the sea or from any ship into Singapore waters, the master, the owner and the agent of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine of not less than $1,000 and not more than $1 million or to imprisonment for a term not exceeding 2 years or to both. (2) Subsection (1) does not apply to the discharge of oil or oily mixture from a ship — ( a ) which is necessary for the purpose of securing the safety of a ship or saving life at sea; ( b ) if the oil or oily mixture (as the case may be) escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the oil or oily mixture, as the case may be; or ( c ) in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by the appointed authority and, where the discharge occurred in the jurisdiction of the government of a country other than Singapore, by that government. (3) For the purposes of subsection (2), damage to a ship or to its equipment is taken to be intentional damage, if the damage arose in circumstances in which the master, the owner or the agent of the ship — ( a ) acted with intent to cause the damage; or ( b ) acted recklessly and with knowledge that damage would probably result. (4) The Authority may, with the approval of the Minister, make regulations to exempt any ship from the operation of subsection (1), either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular descriptions of oil or oily mixtures or to the discharge of oil or oily mixtures in prescribed circumstances, or in relation to particular areas of the sea.


document_id: ppsa-1990
provision_ref: s8
chapter: PART 3 - PREVENTION OF POLLUTION FROM SHIPS
section: 8
title: Oil residues
content:
8. —(1) Subject to subsection (2), if any oil residues that cannot be discharged from a Singapore ship into the sea without contravening section 7 are not retained on board the ship, the master and the owner of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1 million. (2) Oil residues may be discharged from a ship to a reception facility provided in accordance with section 11.


document_id: ppsa-1990
provision_ref: s9
chapter: PART 3 - PREVENTION OF POLLUTION FROM SHIPS
section: 9
title: Notification of proposal to carry noxious liquid substances
content:
9. —(1) Where a person who proposes to export or import a noxious liquid substance proposes to do so by having that liquid substance carried in bulk in a ship, that person or the master of the ship must, in such manner and within such time as may be prescribed, notify the Port Master or an officer designated by the Port Master of the proposal. (2) If the Port Master or the officer designated by the Port Master is not so notified of the proposal mentioned in subsection (1) and the liquid substance is carried as proposed, that person and the master of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000.


document_id: ppsa-1990
provision_ref: s10
chapter: PART 3 - PREVENTION OF POLLUTION FROM SHIPS
section: 10
title: Prohibition of discharge of noxious liquid substances from ships
content:
10. —(1) Subject to subsection (2) and any regulations made under subsection (4), if any discharge of a noxious liquid substance, or of a mixture containing a noxious liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a Singapore ship into the sea or from any ship into Singapore waters, the master, the owner and the agent of the ship 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 6 months or to both. [26/2017] (2) Subsection (1) does not apply to the discharge of a noxious liquid substance or a mixture containing such substance from a ship — ( a ) which is necessary for the purpose of securing the safety of a ship or saving life at sea; ( b ) if the substance or the mixture (as the case may be) escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the substance or the mixture, as the case may be; or ( c ) if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by the appointed authority and where the discharge occurred in the jurisdiction of the government of a country other than Singapore, by that government. (3) For the purposes of subsection (2), damage to a ship or to its equipment is taken to be intentional damage if the damage arose in circumstances in which the master, the owner or the agent of the ship — ( a ) acted with intent to cause the damage; or ( b ) acted recklessly and with knowledge that damage would probably result. (4) The Authority may, with the approval of the Minister, make regulations to exempt any ship from the operation of subsection (1), either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular descriptions of noxious liquid substances or mixtures containing such substances or to the discharge of such substances or mixtures in prescribed circumstances, or in relation to particular areas of the sea.


document_id: ppsa-1990
provision_ref: s10A
chapter: PART 3 - PREVENTION OF POLLUTION FROM SHIPS
section: 10A
title: Prohibition of discharge of ballast water and sediments from ships
content:
10A. —(1) Subject to subsections (2) and (3) and section 10B, if any discharge of ballast water or sediments occurs from any ship into Singapore waters, or from a Singapore ship into any part of the sea, the master, the owner and the agent of the ship 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 6 months or to both. [26/2017] (2) Subsection (1) does not apply to the discharge of ballast water through ballast water management in accordance with regulations made under section 34. [26/2017] (3) The Authority may, with the approval of the Minister, make regulations to exempt any ship from the operation of subsection (1), either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular areas of the sea. [26/2017] (4) In this section — “owner”, in relation to a ship, includes any organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code; “International Safety Management Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention, 2002 adopted by the International Maritime Organization and any amendment to the Code which has come into force and has been accepted by the Government. [26/2017]


document_id: ppsa-1990
provision_ref: s10B
chapter: PART 3 - PREVENTION OF POLLUTION FROM SHIPS
section: 10B
title: Special defences to section 10A
content:
10B. Where a person is charged with an offence under section 10A(1), it is a defence for the person charged to prove, on a balance of probabilities, that — ( a ) the uptake or discharge of ballast water or sediments was necessary for the purpose of securing the safety of the ship in an emergency situation or saving life at sea; ( b ) the discharge of ballast water or sediments — (i) was accidental; and (ii) resulted from damage to the ship or its equipment, other than damage that was caused by the person wilfully or recklessly, and all reasonable precautions were taken before and after the occurrence of the damage, or the discovery of the occurrence of the damage or discharge, for the purpose of preventing or minimising the discharge; ( c ) the uptake or discharge of ballast water or sediments was for the purpose of avoiding or minimising pollution incidents from the ship; ( d ) the discharge of ballast water or sediments occurred on the high seas, and comprised the same ballast water and sediments that had been taken up in the high seas; or ( e ) the discharge of ballast water or sediments was at the same location where the whole of the discharged ballast water or sediments originated, and the discharged ballast water and sediments had not been mixed with ballast water and sediments from any other location which have not undergone ballast water management. [26/2017]


document_id: ppsa-1990
provision_ref: s11
chapter: PART 4 - PREVENTIVE MEASURES AGAINST POLLUTION
section: 11
title: Reception facilities
content:
11. —(1) The powers exercisable by the Authority in respect of the port include power to provide reception facilities for ships using the port or any terminal in Singapore. (2) Any power of the Authority to provide reception facilities includes — ( a ) power to join with any other person in providing them, and any reference in this section to the provision of reception facilities by the Authority is to be construed accordingly; ( b ) power to arrange for the provision of such facilities by any other person; ( c ) power to require every ship to use the facilities; and ( d ) power to provide reception facilities outside and within the limits of the port. (3) Subject to any directions given by the Minister under subsection (5), the Authority in respect of the port and a terminal operator in respect of the terminal operator’s terminal must ensure that — ( a ) if the port or terminal has reception facilities, those facilities are adequate; or ( b ) if the port or terminal has no reception facilities, reception facilities are provided, in order to comply, for ships which may be expected to use the port or terminal for a primary purpose other than utilising reception facilities, with the provisions of any regulations made under this Act pertaining to the provision of reception facilities. (4) The Authority or a terminal operator must provide the Minister with any information that the Minister directs in respect of any reception facilities provided by or by arrangement with the Authority or the operator at the port or terminal, as the case may be. (5) Where it appears to the Minister, after consultation with any organisation appearing to the Minister to be the representative of owners of ships registered in Singapore, the Authority and, where appropriate, the terminal operator, that if the port or a terminal managed by the operator — ( a ) has reception facilities, those facilities are inadequate; or ( b ) has no reception facilities, the port or terminal should be provided with reception facilities, in order to comply, for ships which may be expected to use the port or terminal for a primary purpose other than utilising the reception facilities, with the provisions of any regulations made under this Act pertaining to the provision of reception facilities, the Minister may direct the Authority or the terminal operator to provide or arrange for the provision of appropriate reception facilities. (6) Any person who fails to comply with any direction given under subsection (4) or (5) within the period specified in the direction, or within any extended period allowed by the Minister (whether before or after the end of the period so specified) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction. (7) Subsections (3) to (6) do not apply unless the port or a terminal managed by a terminal operator is — ( a ) in relation to the provision of reception facilities for residues or mixtures containing oil — used by ships carrying such residues or mixtures including such ships when undergoing repair or being broken up; ( b ) in relation to the provision of reception facilities for residues or mixtures containing noxious liquid substances — used by ships carrying such residues or mixtures for the purpose of loading or unloading such substances, repair or breaking up; or ( c ) in relation to the provision of reception facilities for sediments — used by ships carrying such sediments, including such ships when undergoing cleaning or repairing of ballast water tanks or breaking up. [26/2017] (8) The Authority may, with the approval of the Minister, make regulations in respect of every matter relating to the provision of reception facilities and other facilities for ships to deposit refuse, garbage, plastics, sewage, ballast water or sediments and, in particular, those regulations may provide — ( a ) for fees to be levied for the use of the facilities; ( b ) for the conditions upon which ships may make use of the facilities; and ( c ) that a contravention thereof shall be punishable by a fine not exceeding $20,000 or with imprisonment for a term not exceeding 2 years or with both. [26/2017]


document_id: ppsa-1990
provision_ref: s12
chapter: PART 4 - PREVENTIVE MEASURES AGAINST POLLUTION
section: 12
title: Regulations requiring the keeping of oil record books
content:
12. —(1) The Authority may, with the approval of the Minister, make regulations requiring oil record books to be carried in all Singapore ships and in all ships in Singapore waters and requiring the master of any such ship to record in the oil record book carried by it — ( a ) the carrying out, on board or in connection with the ship, of such of the following operations as may be prescribed: (i) the loading of oil cargo; (ii) the internal transfer of oil cargo during a voyage; (iii) the unloading of oil cargo; (iv) the ballasting of oil tanks (whether cargo or bunker fuel tanks) and dedicated clean ballast tanks; (v) the cleaning of oil tanks (whether cargo or bunker fuel tanks) including crude oil washing; (vi) the discharge of ballast except from segregated ballast tanks; (vii) the discharge of water from slop tanks; (viii) the closing of all applicable valves or similar devices after slop tanks discharge operations; (ix) the closing of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations; (x) the discharge of dirty ballast or cleaning water from oil fuel tanks; (xi) the discharge overboard or disposal otherwise of bilge water, which has accumulated in machinery spaces; (xii) the disposal of any oily residues (sludge); or (xiii) the disposal of residues; ( b ) any event of such discharge of oil or oily mixture as is mentioned in section 7(2) or any regulations made under section 7(4); and ( c ) in the event of accidental or other exceptional discharge of oil or oily mixture which is not mentioned in section 7(2). (2) The Authority may, with the approval of the Minister, make regulations requiring the keeping of records relating to the transfer of oil to and from ships while they are in Singapore waters. (3) The requirements of any regulations made under subsection (2) are in addition to the requirements of any regulations made under subsection (1). (4) Any records required to be kept by any regulations made under subsection (2) must, unless the ship is a barge, be kept by the master of the ship and must, if the ship is a barge, be kept, insofar as they relate to the transfer of oil to the barge, by the person supplying the oil and, insofar as they relate to the transfer of oil from the barge, by the person to whom the oil is delivered. (5) Regulations made under this section requiring the carrying of oil record books or the keeping of records may — ( a ) prescribe the form of the oil record books or records and the nature of the entries to be made in them; ( b ) require the person providing or keeping the oil record books or records to retain them for a prescribed period; ( c ) require that person, at the end of the prescribed period, to transmit the oil record books or records to a place or person determined by the regulations; and ( d ) provide for the custody or disposal of the oil record books or records after their transmission to such a place or person.


document_id: ppsa-1990
provision_ref: s13
chapter: PART 4 - PREVENTIVE MEASURES AGAINST POLLUTION
section: 13
title: Regulations requiring the keeping of cargo record books
content:
13. —(1) The Authority may, with the approval of the Minister, make regulations requiring cargo record books to be carried in all Singapore ships and in all ships in Singapore waters, being ships which carry noxious liquid substances in bulk, and requiring the master of any such ship to record in the cargo record book carried by it — ( a ) the carrying out, on board or in connection with the ship, of those of the following operations with respect to a noxious liquid substance as may be prescribed: (i) the loading of cargo; (ii) the internal transfer of cargo; (iii) the unloading of cargo; (iv) the cleaning of cargo tanks; (v) the ballasting of cargo tanks; (vi) the discharge of ballast from cargo tanks; (vii) the disposal of residues to reception facilities; or (viii) the discharge into the sea or removal by ventilation of residues in accordance with any regulations made under this Act; ( b ) in the event of any such discharge of any noxious liquid substance or a mixture containing such substance as is mentioned in section 10(2) or in any regulations made under section 10(4); and ( c ) any occasion on which the noxious liquid substance or a mixture containing such substance is discharged, whether intentionally or accidentally. (2) The Authority may, with the approval of the Minister, make regulations requiring the keeping of records relating to the transfer of noxious liquid substances to and from ships while they are in Singapore waters. (3) The requirements of any regulations made under subsection (2) are in addition to the requirements of any regulations made under subsection (1). (4) Any records required to be kept by any regulations made under subsection (2) must be kept by the master of the ship. (5) Regulations made under this section requiring the carrying of cargo record books or the keeping of records may — ( a ) prescribe the form of the cargo record books or records and the nature of the entries to be made in them; ( b ) require the person providing or keeping the cargo record books or records to retain them for a prescribed period; ( c ) require that person, at the end of the prescribed period, to transmit the cargo record books or records to a place or person determined by the regulations; and ( d ) provide for the custody or disposal of the cargo record books or records after their transmission to such a place or person.


document_id: ppsa-1990
provision_ref: s13A
chapter: PART 4 - PREVENTIVE MEASURES AGAINST POLLUTION
section: 13A
title: Regulations requiring keeping of ballast water record books
content:
13A. —(1) The Authority may, with the approval of the Minister, make regulations requiring ballast water record books to be carried in all Singapore ships and in all ships in Singapore waters, and requiring the master of any such ship to record in the ballast water record book carried by it — ( a ) the carrying out, on board or in connection with the ship, of such of the following operations as may be prescribed: (i) the intake of ballast water; (ii) the circulation or treatment of ballast water for ballast water management purposes; (iii) the discharge of ballast water into the sea; (iv) the discharge of ballast water to a facility for the reception of ballast water; (v) the accidental or other exceptional uptake or discharge of ballast water; (vi) any failure or malfunction of the ballast water management system of the ship; (vii) the taking of any additional measures to prevent, reduce, or eliminate the transfer of harmful aquatic organisms and pathogens through the ship’s ballast water and sediments, in accordance with regulations made under this Act; (viii) the conduct of any other ballast water management operational procedures; ( b ) any event of discharge of ballast water or sediments by a ship that is exempt from the operation of section 10A(1) by regulations made under section 10A(3); ( c ) any event of discharge of ballast water mentioned in section 10A(2); and ( d ) any event of discharge of ballast water or sediments as is mentioned in section 10B. [26/2017] (2) Regulations made under this section requiring the carrying of ballast water record books or the keeping of records may — ( a ) prescribe the form of the ballast water record books or records and the nature of the entries to be made in them; ( b ) require the person keeping the ballast water record books or records to retain them for a prescribed period; ( c ) require the person mentioned in paragraph ( b ), at the end of the prescribed period, to transmit the ballast water record books or records to a place or person determined by the regulations; and ( d ) provide, after the transmission of the ballast water record books or records to the place or person mentioned in paragraph ( c ), for their custody (for such period as may be prescribed) and for their subsequent disposal. [26/2017]


document_id: ppsa-1990
provision_ref: s14
chapter: PART 4 - PREVENTIVE MEASURES AGAINST POLLUTION
section: 14
title: Failure to carry record books and evidence
content:
14. —(1) If any ship fails to carry an oil record book, cargo record book or ballast water record book as is required under section 12, 13 or 13A, the owner, the agent or the master of that ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [26/2017] (2) Any person who fails to comply with any of the requirements imposed by section 12, 13 or 13A or any regulations made under those sections shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [26/2017] (3) Any person who makes an entry in any oil record book, cargo record book or ballast water record book carried or any record kept under section 12, 13 or 13A which is to the person’s knowledge false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [26/2017] (4) In any proceedings under this Act — ( a ) any oil record book, cargo record book or ballast water record book carried or any record kept under any regulations made under section 12, 13 or 13A is admissible as evidence of the facts stated in it; ( b ) any copy of an entry in such oil record book, cargo record book or ballast water record book or record which is certified by the master of the ship in which the book is carried or by the person by whom the record is required to be kept to be a true copy of the entry is admissible as evidence of the facts stated in the entry; and ( c ) any document purporting to be an oil record book, cargo record book or ballast water record book carried or a record kept under section 12, 13 or 13A, or purporting to be such a certified copy as is mentioned in paragraph ( b ) is, unless the contrary is proved, presumed to be such a book, record or copy, as the case may be. [26/2017]


document_id: ppsa-1990
provision_ref: s15
chapter: PART 4 - PREVENTIVE MEASURES AGAINST POLLUTION
section: 15
title: Duty to report discharges of harmful substances from ships
content:
15. —(1) If any actual or probable discharge of any harmful substance occurs in prescribed circumstances from a Singapore ship into any part of the sea or from any ship into Singapore waters, the master of the ship must without delay report the occurrence in such manner and to such officer as may be prescribed. (2) It is a defence if a person charged with an offence against subsection (1) proves that the person was unable to comply with that subsection in relation to the relevant occurrence. (3) Where a discharge mentioned in subsection (1) occurs and — ( a ) the master of the ship is unable to comply with that subsection in relation to the occurrence; or ( b ) the discharge occurs in circumstances in which the ship is abandoned, the owner, charterer, manager and operator of the ship or an agent of the owner, charterer, manager or operator of the ship must without delay report the occurrence in such manner and to such officer as may be prescribed. (4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (5) On the prosecution of a person for an offence under subsection (3), it is a defence if the person proves — ( a ) that the person was not aware of the relevant occurrence; or ( b ) in the case of an offence to which subsection (3)( a ) applies, that the person neither knew nor suspected that the master of the ship concerned was unable to comply with subsection (1) in relation to the relevant occurrence.


document_id: ppsa-1990
provision_ref: s16
chapter: PART 4 - PREVENTIVE MEASURES AGAINST POLLUTION
section: 16
title: Duty to report discharge of oil, etc., from land or apparatus
content:
16. If any actual or probable discharge into Singapore waters of oil, oily mixture, noxious liquid substance, sediments or a mixture containing oil, oily mixture, noxious liquid substance or sediments occurs from a place on land or an apparatus used for transferring oil, oily mixture, noxious liquid substance, sediments or that mixture from or to a ship, the occupier of the place on land or the person in charge of the apparatus (as the case may be) must forthwith report the occurrence to the Port Master in the prescribed manner and, if the occupier or the person in charge (as the case may be) fails to do so, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [26/2017]


document_id: ppsa-1990
provision_ref: s17
chapter: PART 5 - RECOVERY OF COSTS
section: 17
title:
Recovery of costs for removing refuse, garbage, wastes, plastics, effluents and dangerous pollutants discharged from ships

content:
17. —(1) If any refuse, garbage, waste matter, plastics, marine pollutant in packaged form or trade effluent is discharged from any ship into Singapore waters or into any part of the sea or waters outside Singapore waters and the refuse, garbage, waste matter, plastics, marine pollutant or trade effluent subsequently drifts or flows into Singapore waters, the owner of the ship shall be liable to pay for the costs of any measure reasonably taken by the appointed authority after the discharge for the purpose of removing it and for preventing or reducing any damage caused in Singapore by contamination resulting from the discharge. (2) Where the refuse, garbage, waste matter, plastics, marine pollutant in packaged form or trade effluent is discharged from 2 or more ships — ( a ) a liability is incurred under this section by the owner of each of them; but ( b ) the damage or cost of which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable, each of the owners shall be liable, jointly and severally with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.


document_id: ppsa-1990
provision_ref: s18
chapter: PART 5 - RECOVERY OF COSTS
section: 18
title: Recovery of costs for removing oil, oily mixture and substances discharged from ships
content:
18. —(1) If any oil, oily mixture or noxious liquid substance is discharged from any ship into Singapore waters or into any part of the sea or waters outside Singapore waters and the oil, mixture or substance subsequently flows or drifts into Singapore waters, the owner of the ship shall be liable to pay for the costs of any measure reasonably taken by the appointed authority after the discharge for the purpose of removing it and for preventing or reducing any damage caused in Singapore by contamination resulting from the discharge. (2) Where the oil, oily mixture or noxious liquid substance is discharged from 2 or more ships — ( a ) a liability is incurred under this section by the owner of each of them; but ( b ) the damage or cost of which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable, each of the owners shall be liable, jointly and severally with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section. (3) The reference in this section to the measures reasonably taken after the discharge of oil, oily mixture or a noxious liquid substance for the purpose of preventing or reducing any damage caused by contamination resulting from the discharge includes actions taken to remove the oil, mixture or substance from the water and foreshores or the taking of such other actions as may be necessary to minimise or mitigate damage to the public health or welfare, including, but not limited to fish, shellfish, wildlife, and public and private property, foreshores and beaches. (4) This section does not apply in relation to any discharge of — ( a ) oil or oily mixture where section 3 of the Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act 1998 applies; and ( b ) bunker oil where section 3 of the Merchant Shipping (Civil Liability and Compensation for Bunker Oil Pollution) Act 2008 applies. [24/2008]


document_id: ppsa-1990
provision_ref: s19
chapter: PART 5 - RECOVERY OF COSTS
section: 19
title: Recovery of costs for removing oil, oily mixture and substances discharged from land or apparatus
content:
19. If any oil, oily mixture or noxious liquid substance is discharged from any place on land or from any apparatus used for transferring the oil, mixture or substance from or to any ship (whether to or from a place on land or to or from another ship) or for any other operation, the person in charge of that apparatus or the occupier of that place (as the case may be) shall be liable to pay for the costs of any measure reasonably taken by the appointed authority after the discharge in removing or eliminating the oil, mixture or substance.


document_id: ppsa-1990
provision_ref: s20
chapter: PART 5 - RECOVERY OF COSTS
section: 20
title: Recovery of costs from person responsible for pollution
content:
20. Any person who puts, throws, casts or deposits or causes to be put, thrown, cast or deposited into Singapore waters any oil, oily mixture, refuse, garbage, plastics, waste matter, carcase, marine pollutant in packaged form, noxious liquid substance or trade effluent shall be liable to pay for the costs of any measure reasonably taken by the appointed authority in removing or eliminating it.


document_id: ppsa-1990
provision_ref: s21
chapter: PART 5 - RECOVERY OF COSTS
section: 21
title: Costs recoverable as a debt due to appointed authority
content:
21. Any cost due from and payable by any person by virtue of section 17, 18, 19 or 20 is recoverable by the appointed authority or any person duly authorised by the authority to act on its behalf as a debt due to the authority.


document_id: ppsa-1990
provision_ref: s22
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 22
title: Powers of inspectors
content:
22. —(1) An inspector may exercise the powers under subsection (2) only for the purpose of ascertaining — ( a ) whether a provision of this Act or any regulations made under this Act that is applicable in relation to a Singapore ship has been complied with in respect of that ship; ( b ) whether there has been a discharge from a ship in contravention of this Act or any regulations made under this Act; ( c ) whether a provision of the Convention, or the Ballast Water Management Convention, that is applicable in relation to a ship other than a Singapore ship has been complied with in respect of that ship; or ( d ) whether a provision of a law of a country other than Singapore giving effect to the Convention or the Ballast Water Management Convention, being a provision that is applicable in relation to a ship other than a Singapore ship, has been complied with in respect of that ship. [26/2017] (2) An inspector may for any of the purposes mentioned in subsection (1) — ( a ) go on board a ship with such assistants and equipment as the inspector considers necessary; ( b ) require the master of a ship to take such steps as the inspector directs to facilitate the boarding; ( c ) inspect and test any machinery or equipment of a ship; ( d ) require the master of a ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of the ship; ( e ) open, or require the master of a ship to cause to be opened, any hold, bunker tank, ballast tank, compartment or receptacle in or on board the ship and inspect the contents of any such hold, bunker tank, ballast tank, compartment or receptacle in or on board the ship; ( f ) require the master of a ship to produce a record book required by any regulations made under this Act to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship; ( g ) make copies of, or take extracts from, any such books, documents or records; ( h ) require the master of a ship to certify that a true copy of an entry in a record book required by any regulations made under this Act to be carried in the ship is a true copy of such an entry; ( i ) examine, and take samples of, any substances on board a ship; and ( j ) require a person to answer questions. [26/2017] (3) Any person who — ( a ) without reasonable excuse, refuses or fails to comply with a requirement made of the person by an inspector in the exercise of the inspector’s powers under subsection (2); or ( b ) in answer to a question that the person is required to answer under subsection (2), makes a statement that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ppsa-1990
provision_ref: s23
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 23
title: Power to deny entry and to detain ship
content:
23. —(1) Where the Director or Port Master has reasonable cause to believe that a ship which proposes to enter the port does not comply with the requirements of this Act or any regulations made under this Act, the Director or Port Master may deny the entry of such ship to the port. (2) Where the Director or Port Master has reasonable cause to believe that a ship — ( a ) has incurred a liability under section 17 or 18; or ( b ) has contravened any of the requirements of this Act or any regulations made under this Act and, in the opinion of the Director or Port Master, the ship presents an unreasonable threat of harm to the marine environment or has caused harm to such environment, the Director or Port Master or any officer authorised in writing by the Director or Port Master may detain that ship. (3) The Director or Port Master may release a ship detained under subsection (2) if the owner of the ship deposits with the Government or the Authority a sum of money or furnishes such security which would, in the opinion of the Director or Port Master, be adequate to meet the owner’s liability under this Act. (4) Section 3(1)( d ) of the High Court (Admiralty Jurisdiction) Act 1961 is to be construed as extending to any claim in respect of a liability incurred by the owner of a ship under this Act.


document_id: ppsa-1990
provision_ref: s24
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 24
title: Detained ship proceeding to sea
content:
24. —(1) If any ship is detained under section 23(2) and the ship proceeds to sea before it is released by the Director or Port Master, the master of the ship, the owner of the ship and any person who sends the ship to sea, if that master, owner or person is party or privy to the act of sending the ship to sea, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (2) The Director or Port Master or any officer authorised by the Director or Port Master to detain a ship may, if he or she thinks it necessary, place a police officer on board as a guard (called in this section a police guard). (3) Where a ship proceeding to sea takes to sea when any officer authorised to detain the ship, police guard or inspector is on board in the execution of his or her duty, the owner and the master of the ship shall each be liable to pay all expenses of and incidental to the officer, police guard or inspector being so taken to sea, and also to a fine not exceeding $2,000, or not exceeding $200 for every day until the officer, police guard or inspector returns or until such time as would enable the officer, police guard or inspector after leaving the ship to return to the port from which the officer, police guard or inspector was taken, and the expenses ordered to be paid may be recoverable as a fine. (4) Any police guard so placed on board a ship may take any steps that are necessary to prevent the ship from leaving the port. (5) Any person who opposes or in any way obstructs any officer authorised to detain the ship, a police guard or an inspector shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: ppsa-1990
provision_ref: s25
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 25
title: Sale of ship
content:
25. Where the owner, master or agent of a ship has been convicted of an offence under the provisions of this Act or any regulations made under this Act and any fine imposed in respect of the conviction is not paid at the time ordered by the court, the court has, in addition to any power for enforcing payment, the power to direct the amount remaining unpaid to be levied by distress and sale of the ship, her tackle, furniture and apparel.


document_id: ppsa-1990
provision_ref: s26
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 26
title: Exemptions
content:
26. —(1) This Act does not apply to any warship, naval auxiliary or other ship owned or operated by a State (including the Government) and used for the time being, only on government non-commercial service. (2) The Minister may in his or her discretion exempt any ship or person from any of the provisions of this Act or any regulations made under this Act. (3) Any exemption granted by the Minister under subsection (2) may be granted subject to such conditions as the Minister thinks fit and the exemption does not have effect unless those conditions are complied with.


document_id: ppsa-1990
provision_ref: s27
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 27
title: Power to enter on lands
content:
27. —(1) The Government may, by its officers, employees, agents or contractors, enter upon any land adjoining the sea or foreshore — ( a ) for the purpose of removing or eliminating any oil, oily mixture, refuse, garbage, waste matter, plastics, marine pollutant in packaged form, noxious liquid substance, trade effluent or sediments from Singapore waters; and ( b ) to take steps to minimise or mitigate damage to public health or welfare that may be caused by or result from any of the substances mentioned in paragraph ( a ). [26/2017] (2) The Government must pay compensation to the owner of the land for any permanent damage caused to the land in the exercise of the powers conferred by subsection (1). (3) If any dispute arises as to the amount of compensation payable to the owner of such land, the dispute may be summarily determined by a Magistrate’s Court or a District Court. (4) Except as provided in subsection (2), no action may be brought against the Government for any compensation in respect of any damage caused arising out of the exercise of the powers conferred by subsection (1).


document_id: ppsa-1990
provision_ref: s28
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 28
title: Powers of arrest
content:
28. —(1) The Director, the Port Master, a police officer or any person authorised in writing by the Director or Port Master, may arrest without warrant any person who has committed or whom he or she reasonably believes to have committed an offence under this Act or any regulations made under this Act and take the arrested person before a Magistrate’s Court or a District Court (as the case may be) to be dealt with according to law. (2) Any article concerning, by or for which an offence has been committed may be seized and taken to a police station, unless given up sooner by order of a Magistrate’s Court or a District Court, until the charge is decided in due course of law.


document_id: ppsa-1990
provision_ref: s29
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 29
title: Delegation of powers
content:
29. The Director may appoint such officers as he or she may think fit for the purpose of exercising the powers conferred and performing the duties imposed on the Director under this Act and any regulations made under this Act.


document_id: ppsa-1990
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 30
title: Protection from personal liability
content:
30. No act or omission by the Minister, the Director, Port Master, any officer employed in the administration of this Act or any other person acting under the direction of the Minister, the Director or Port Master shall, if the act or omission was bona fide for the purpose of executing this Act or any regulations made under this Act, subject them or any of them personally to any action, liability, claim or demand.


document_id: ppsa-1990
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 31
title: Evidence of analyst
content:
31. —(1) The Director may, by instrument in writing under his or her hand, appoint persons who in the Director’s opinion are qualified to be analysts for the purposes of this Act. (2) Subject to subsection (4), a certificate of an analyst appointed under subsection (1) stating that he or she has analysed or examined a substance and stating the result of his or her analysis or examination is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination. (3) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (2) on its production by the prosecution is, unless the contrary is proved, deemed to be such a certificate. (4) A certificate mentioned in subsection (2) shall not be received in evidence pursuant to that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings. (5) Where a certificate of an analyst appointed under subsection (1) is admitted in evidence under subsection (2), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if the analyst had given evidence of the matters stated in the certificate.


document_id: ppsa-1990
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 32
title: Court for trial of offences
content:
32. Any offence under this Act or any regulations made under this Act may be tried by a Magistrate’s Court or a District Court and that Court has, despite the provisions of the Criminal Procedure Code 2010 and any other written law, jurisdiction to impose the maximum penalty provided for by this Act or any regulations made under this Act.


document_id: ppsa-1990
provision_ref: s33
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 33
title: Composition of offences
content:
33. —(1) The Director, Port Master or any person authorised in writing by the Director or Port Master may compound any offence under this Act or any regulations made under this Act which is prescribed as a compoundable offence, by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $2,000. (2) The Minister may make regulations to prescribe the offences which may be compounded.


document_id: ppsa-1990
provision_ref: s33A
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 33A
title: Fines, etc., to be paid to Authority
content:
33A. All fines imposed for any offence under this Act or any regulations made under this Act and all sums collected under section 33 must be paid into the funds of the Authority.


document_id: ppsa-1990
provision_ref: s34
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 34
title: Regulations
content:
34. —(1) The Authority may, with the approval of the Minister, make such regulations as appear to the Authority necessary or expedient for the purposes of carrying out the provisions of this Act and for prescribing anything which may be prescribed under this Act and, in particular, for the purpose of — ( a ) giving effect to any provision of the Convention which has not been given effect to in this Act; ( b ) giving effect to any provision of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (including the Final Act of the Conference and the attached resolutions) signed in London on 30 November 1990; ( c ) giving effect to any provision of the Ballast Water Management Convention which has not been given effect to in this Act; ( d ) giving effect to any provision of any international agreement not mentioned in paragraph ( a ), ( b ) or ( c ) which relates to the prevention, reduction or control of pollution of the sea or pollution from ships; ( e ) giving effect to any international agreement which modifies any of the international agreements mentioned in paragraph ( a ), ( b ), ( c ) or ( d ); and ( f ) prescribing any measure which the Authority considers necessary for the protection of the marine environment and for the prevention, control or reduction of pollution of the sea or pollution from ships. [26/2017] (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, by such regulations — ( a ) require persons carrying on any trade, business or manufacture to install such equipment as the Authority may prescribe for the purpose of eliminating any oil in any trade effluent and for preventing or reducing the discharge of any trade effluent into Singapore waters; ( b ) require the owners or operators of cargo terminals, shipyards, oil refineries and oil terminals in Singapore, and such other facilities in Singapore as the Port Master may determine, to store such detergents, dispersants and equipment as the Authority may prescribe to deal with any pollution of Singapore waters; ( c ) provide for the conduct of investigations of casualties in respect of any discharge from a ship or any contravention of the provisions of this Act or any regulations made under this Act; ( d ) provide for the appointment, registration, duties and powers of MARPOL surveyors and the approval of the organisation employing such surveyors for the purposes of giving effect to Annex II to the Convention; ( e ) provide for the nomination and registration of surveyors, and for the recognition of organisations to conduct surveys, for the purposes of the Ballast Water Management Convention, and for the duties and powers of such surveyors and organisations; ( f ) prescribe fees to be paid in respect of the issue or recording of any certificate, licence or other instrument or the doing of any other thing pursuant to this Act or any regulations made under this Act; ( g ) provide for the approval of documents and the carrying out of surveys and inspections for the purpose of giving effect to any of the international agreements referred to in subsection (1)( a ) to ( e ), or to a measure mentioned in subsection (1)( f ) and the issue, duration and recognition of any certificate for that purpose; ( h ) provide for the denial of entry or prohibition of proceeding to sea of any ship which does not have in force a certificate issued pursuant to any regulations made under paragraph ( g ); and ( i ) provide for the extraterritorial application of any of the regulations to Singapore ships and to persons on board Singapore ships. [26/2017] (3) Any regulations made under this section or any other section may — ( a ) make different provisions for different circumstances; ( b ) empower any specified person to grant exemption from any provisions of the regulations; ( c ) provide for the delegation of functions exercisable by virtue of the regulations; ( d ) include such incidental, supplemental and transitional provisions as appear to the Authority to be expedient for the purposes of the regulations; and ( e ) provide that a contravention thereof shall be punishable by a fine not exceeding $20,000 or with imprisonment for a term not exceeding 2 years or with both. [26/2017]


document_id: pra-2007
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “appropriate register” means any of the registers mentioned in section 15(1), as appropriate; “Board” means the Specialists Accreditation Board established under section 36; “Chief Pharmacist” means the Chief Pharmacist of the Ministry of Health; “Council” means the Singapore Pharmacy Council established under section 3; “practice of pharmacy” means any of the acts or activities specified in the Schedule; “practising certificate” means a practising certificate granted under section 23; “president” means the president of the Council; “registered pharmacist” means a person who is registered as a pharmacist under this Act; “Registrar” means the Registrar of the Council; “Singapore degree” means a degree or diploma in pharmacy conferred by — ( a ) the King Edward VII College of Medicine, Singapore; ( b ) the University of Malaya, Singapore; ( c ) the University of Singapore; ( d ) the National University of Singapore; or ( e ) any other tertiary institution in Singapore which the Minister may, by notification in the Gazette , prescribe; “unauthorised person” means — ( a ) a person who is not a registered pharmacist; or ( b ) a registered pharmacist who does not have a valid practising certificate, and who has not been exempted under section 70 or 71.


document_id: pra-2007
provision_ref: s3
chapter: PART 2 - SINGAPORE PHARMACY COUNCIL
section: 3
title: Establishment and incorporation of Singapore Pharmacy Council
content:
3. A body called the Singapore Pharmacy Council is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and performing any other acts or things that bodies corporate may by law do and perform.


document_id: pra-2007
provision_ref: s4
chapter: PART 2 - SINGAPORE PHARMACY COUNCIL
section: 4
title: Constitution of Council
content:
4. —(1) Subject to section 7, the Council consists of the following members: ( a ) 9 registered pharmacists each of whom is appointed by the Minister; ( b ) the Chief Pharmacist; ( c ) the Head of the Department of Pharmacy of the National University of Singapore or a member of the Department who is a registered pharmacist designated by the Head. (2) Subject to section 7, the members appointed under subsection (1)( a ) hold office for a term of 3 years and are eligible for re-appointment. (3) The Minister may, at any time, revoke the appointment of any member appointed under subsection (1)( a ) without giving any reason.


document_id: pra-2007
provision_ref: s5
chapter: PART 2 - SINGAPORE PHARMACY COUNCIL
section: 5
title: Functions of Council
content:
5. The functions of the Council are — ( a ) to keep and maintain registers of registered pharmacists; ( b ) to approve or reject applications for registration under this Act or to approve any of those applications subject to any restrictions the Council may think fit; ( c ) to issue certificates of registration and practising certificates to registered pharmacists; ( d ) to make recommendations to the appropriate authorities on the courses of instructions and examinations leading to a Singapore degree; ( e ) to prescribe and implement measures, guidelines and standards for the training of persons seeking registration as pharmacists under this Act; ( f ) to make recommendations to the appropriate authorities for the training and education of registered pharmacists; ( g ) to determine and regulate the conduct and ethics of registered pharmacists; and ( h ) generally to do all such acts and matters and things as are necessary to be carried out under this Act.


document_id: pra-2007
provision_ref: s6
chapter: PART 2 - SINGAPORE PHARMACY COUNCIL
section: 6
title: President of Council
content:
6. —(1) The Minister must appoint one of the Council members to be the president of the Council. (2) The president serves for such term as the Minister may specify and is eligible for re‑appointment. (3) The president presides at any meeting of the Council and, in the president’s temporary absence, the Council members present must elect from among themselves one Council member to preside over the meeting.


document_id: pra-2007
provision_ref: s7
chapter: PART 2 - SINGAPORE PHARMACY COUNCIL
section: 7
title: Disqualifications from membership of Council
content:
7. A person must not be appointed or continue to hold office as a Council member if the person — ( a ) is not a citizen or a permanent resident of Singapore; ( b ) is an undischarged bankrupt; ( c ) has been convicted in Singapore or elsewhere of any offence involving fraud, dishonesty or moral turpitude; or ( d ) is totally or partially incapacitated by a mental or physical disability.


document_id: pra-2007
provision_ref: s8
chapter: PART 2 - SINGAPORE PHARMACY COUNCIL
section: 8
title: Filling of vacancies
content:
8. —(1) The office of a Council member becomes vacant if the member — ( a ) dies; ( b ) resigns his or her office; ( c ) becomes subject to any of the disqualifications specified in section 7; or ( d ) has his or her appointment revoked before the expiry of the term for which the member has been appointed. (2) The Minister may remove from office any Council member who is absent without leave of the Council from 3 consecutive meetings of — ( a ) the Council; or ( b ) any committee appointed by the Council of which he or she is a member. (3) Any question as to whether a person has ceased to be a Council member must be determined by the Minister whose decision is final. (4) If any vacancy arises among the Council members, the Minister may appoint a person to fill the vacancy in the manner in which the appointment to the vacant office was made, and that person holds office for as long as the Council member in whose place that person was appointed would have held office. (5) No act done by or under the authority of the Council is invalid in consequence of any defect that is afterwards discovered in the appointment or qualification of its members or any of them.


document_id: pra-2007
provision_ref: s9
chapter: PART 2 - SINGAPORE PHARMACY COUNCIL
section: 9
title: Meetings and quorum of Council
content:
9. —(1) The Council must meet at the times and places appointed by the president or the Registrar. (2) At any meeting of the Council, 5 Council members form a quorum and no business may be transacted at any meeting unless a quorum is present. (3) The president or the Council member presiding at any meeting of the Council has an original vote and, in the case of an equality of votes, a casting vote. (4) Subject to subsection (2), the Council may act despite any vacancy in the membership of the Council. (5) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Council may regulate its own procedure. [5/2018] (6) The Council must keep minutes of its proceedings in the form or manner that it thinks fit.


document_id: pra-2007
provision_ref: s11
chapter: PART 2 - SINGAPORE PHARMACY COUNCIL
section: 11
title: Appointment of committees
content:
11. —(1) The Council may — ( a ) appoint one or more committees for any general or special purpose which, in the opinion of the Council, may be better dealt with or managed by a committee; and ( b ) delegate, with or without restrictions or conditions as it thinks fit, any of the powers or functions which may be exercised or performed by the Council to any committee so appointed. (2) The number and term of office of the members of a committee and the number of those members necessary to form a quorum must be fixed by the Council. (3) A committee appointed under this section may include persons who are not Council members. (4) This section does not apply to a Complaints Panel, a Disciplinary Committee, an Interim Orders Committee or a Health Committee. 12. [ Repealed by Act 5 of 2018 ] 13. [ Repealed by Act 5 of 2018 ]


document_id: pra-2007
provision_ref: s14
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 14
title: Registrar of Council
content:
14. —(1) For the purposes of this Act, the Chief Pharmacist is the Registrar. (2) The Minister may appoint another person to act as Registrar during the absence from Singapore or incapacity from illness or otherwise of the Registrar.


document_id: pra-2007
provision_ref: s15
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 15
title: Registers
content:
15. —(1) In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must keep and maintain the following registers: ( a ) a register called the “Register of Pharmacists” containing — (i) in Part I of the register, the names of persons registered as fully registered pharmacists under section 16(1) and (2); and (ii) in Part II of the register, the names of persons registered as pharmacists with conditional registration under section 17(1); ( b ) a register called the “Register of Specialists” containing the names of persons registered as specialists under section 18; ( c ) a register called the “Register of Temporarily Registered Pharmacists” containing the names of persons who are registered temporarily as pharmacists under section 19. [5/2018] (2) The particulars to be included in any register mentioned in subsection (1) in respect of a person are — ( a ) the person’s name, residential address and practice address (if any); ( b ) the date of the person’s registration; ( c ) the qualification by virtue of which the person is registered and the date the person obtained the qualification; and ( d ) any other particulars that the Council may determine. (3) The Registrar — ( a ) is responsible for the maintenance and custody of the registers; and ( b ) must publish on the Council’s Internet website a list of the names, addresses, qualifications and date of qualifications and registration of all pharmacists who — (i) are registered under this Act; and (ii) have in force practising certificates. (4) A registered pharmacist must inform the Registrar in writing of — ( a ) any change in his or her name, residential address, practice address or any other particulars that may be prescribed, within 28 days of the change; and ( b ) any alteration or addition to the registered pharmacist’s qualification. (5) A person who contravenes subsection (4)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (6) A person who makes a report of a change in the person’s residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (4) on the date the person makes the report. (7) The Registrar may disclose any information in the registers to any person prescribed by regulations made under this Act, if the disclosure is in accordance with such conditions as may be specified in those regulations. (8) Subsection (7) does not affect any other right or duty to disclose the information under general or written law.


document_id: pra-2007
provision_ref: s16
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 16
title: Full registration
content:
16. —(1) Subject to the provisions of this Act, a person is eligible to be registered as a fully registered pharmacist if the person — ( a ) holds a Singapore degree; and ( b ) has acquired at least 12 months’ practical experience in the practice of pharmacy at any establishment approved by the Council, of which at least 9 months have been acquired under the supervision of a fully registered pharmacist at an establishment in Singapore. (2) Despite subsection (1), a person, not being a Singapore degree holder, who — ( a ) holds any qualifications that may be recognised by the Council; and ( b ) satisfies the Council that the person has special knowledge and skill and sufficient experience in any particular branch of pharmacy, may, if the Council thinks fit so to direct, be registered as a fully registered pharmacist. (3) Despite subsections (1) and (2), the Council may, if it is of the view that it is not in the public interest for a person mentioned in either of those subsections to be registered as a fully registered pharmacist, direct that the person be registered as a pharmacist with conditional registration in Part II of the Register of Pharmacists, and section 17(3) to (8) applies accordingly.


document_id: pra-2007
provision_ref: s17
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 17
title: Conditional registration
content:
17. —(1) Subject to the provisions of this Act, any person who holds a prescribed qualification in pharmacy conferred by a tertiary institution outside Singapore or any other qualification which is, in the opinion of the Council, not lower in standing than a prescribed qualification, is eligible to be registered as a pharmacist with conditional registration. (2) The Council may require a person with a relevant qualification, other than a prescribed qualification, to undergo and pass an examination conducted or arranged by the Council or by such other person as the Council may appoint to satisfy itself that the qualification is not lower in standing than a prescribed qualification. (3) A person is not entitled to registration under subsection (1) unless the person — ( a ) has acquired at least 12 months’ practical experience in the practice of pharmacy at any establishment approved by the Council, of which at least 3 months have been acquired under the supervision of a fully registered pharmacist at an establishment in Singapore; ( b ) has been selected for employment in Singapore as a pharmacist in any hospital or other institution or pharmacy practice approved by the Council; and ( c ) has sat for and passed such examination as the Council may prescribe. (4) The conditions of a person’s registration under this section must be specified in the direction by virtue of which the person is registered. (5) Without affecting the power of the Council to impose conditions, the direction may specify — ( a ) that the person must work for a specified period under the supervision of a fully registered pharmacist approved by the Council; and ( b ) the particular employment or the descriptions of employment for which the person is registered under this section. (6) The Council may cancel the conditional registration of a pharmacist if — ( a ) the pharmacist fails to comply with any of the conditions specified in the direction by virtue of which he or she is registered; or ( b ) the Council is of the opinion, having regard to the report of the supervising pharmacist (if any), that the conditionally registered pharmacist is unable to perform the duties of a pharmacist satisfactorily. (7) A person who is or has been registered with conditional registration may, after the end of the period of supervision specified under subsection (5)( a ), apply to the Council to be registered as a fully registered pharmacist. (8) If the Council thinks fit so to direct, having regard to the knowledge and skill shown and the experience acquired by the person mentioned in subsection (3), the person may be registered under section 16 as a fully registered pharmacist. (9) Upon a pharmacist with conditional registration becoming registered otherwise than conditionally or upon his or her registration being cancelled under subsection (6), the pharmacist’s name must be removed from Part II of the Register of Pharmacists.


document_id: pra-2007
provision_ref: s18
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 18
title: Registration of specialists
content:
18. —(1) Subject to the provisions of this Act, any registered pharmacist who — ( a ) holds such qualification, or has gained such special knowledge, in a specialised branch of pharmacy as the Council may approve; ( b ) has such experience in that branch of pharmacy as the Council may require; and ( c ) has fulfilled such further conditions as the Council may specify, may apply to the Council to be registered as a specialist in that branch of pharmacy. (2) Upon the approval of an application mentioned in subsection (1), the Council must — ( a ) register the applicant as a specialist in the branch of pharmacy in the Register of Specialists that the Council considers appropriate to the applicant’s case, subject to such conditions or restrictions as the Council may impose; and ( b ) issue to the applicant a specialist certificate in respect of that specialised branch of pharmacy. [1/2010]


document_id: pra-2007
provision_ref: s19
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 19
title: Temporary registration
content:
19. —(1) Subject to the provisions of this Act, any person — ( a ) who is resident temporarily in Singapore for the exclusive purpose of teaching, research or postgraduate study in an institution approved for that purpose by the Council; ( b ) who possesses pharmacy knowledge, experience and skill which the Council considers to be of international standing or are such as to have special value to the people of Singapore; or ( c ) who is not otherwise entitled to be registered as a pharmacist under this Act but who, in the opinion of the Council, possesses other qualifications which are adequate for the purposes of registration under this section, may be registered as a pharmacist in the Register of Temporarily Registered Pharmacists for so long as the person continues to be engaged exclusively in teaching, research or postgraduate study in pharmacy in the approved institution or in the capacity that the Council may specify. (2) The Council may require a person seeking registration under subsection (1) to sit for and pass such examination as the Council may prescribe. (3) Any registration under subsection (1) is for a period not exceeding 2 years which may be renewed, at the discretion of the Council, for a further period or periods each not exceeding 12 months. (4) A person may be registered under subsection (1) subject to such conditions and restrictions as the Council may impose.


document_id: pra-2007
provision_ref: s20
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 20
title: Evidence of qualification and entry of additional qualifications
content:
20. —(1) A qualification must not be entered in an appropriate register unless the Registrar is satisfied by such evidence as the Registrar considers proper that the person claiming the qualification is entitled to it. (2) Every person registered under this Act, who obtains any qualification in addition to the qualification by virtue of which the person has been registered, may apply to the Council to have that additional qualification inserted in the appropriate register. (3) The Council has power to decide what additional qualifications may be entered in an appropriate register.


document_id: pra-2007
provision_ref: s21
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 21
title: Application for registration
content:
21. —(1) An application for registration must be made in the form and manner that the Council may determine and must be accompanied by — ( a ) such documents and particulars as the Council may require; and ( b ) such fees as the Council may prescribe. (2) Before registering an applicant, the Council may require the applicant to submit himself or herself to a medical examination by a medical practitioner approved by the Council to determine if the applicant is fit to practise pharmacy. (3) The costs of any medical examination mentioned in subsection (2) must be borne by the applicant. (4) Subject to subsection (5), where an applicant has complied with subsection (1) and any requirement of the Council referred to in subsection (2), the Council must register the applicant as a pharmacist. (5) The Council may refuse to register any applicant who — ( a ) has had his or her registration as a pharmacist in any other country withdrawn, suspended or cancelled; or ( b ) in the opinion of the Council — (i) is not a person eligible to be registered as a pharmacist; (ii) is not of good reputation and character; or (iii) is unfit to practise as a pharmacist by reason of his or her physical or mental condition. (6) Where the Council refuses to register an applicant, the Council must by written notice inform the applicant of the refusal. (7) Any person who is aggrieved by any refusal of the Council under subsection (5) may, within 30 days of the notice given under subsection (6), appeal to the Minister whose decision is final. (8) For the purpose of subsection (1), the Council may prescribe different fees for different classes of applicants.


document_id: pra-2007
provision_ref: s22
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 22
title: Certificate of registration
content:
22. The Council must issue a certificate of registration to a person who has been registered as a pharmacist.


document_id: pra-2007
provision_ref: s23
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 23
title: Practising certificate
content:
23. —(1) Any registered pharmacist who desires to obtain a practising certificate must make an application to the Council in the form and manner determined by the Council and the application must be accompanied by such fee as the Council may prescribe. (2) A practising certificate is granted for a period not exceeding 2 years from the date of issue of the practising certificate. (3) Any application for renewal of a practising certificate must be — ( a ) made no later than one month before the expiry of the practising certificate; ( b ) made in such form and manner as the Council may determine; and ( c ) accompanied by such fee as the Council may prescribe. (4) Any registered pharmacist who applies for a practising certificate later than one month before the expiry of the practising certificate is liable to pay to the Council such late application fee as the Council may prescribe. (5) The Council may refuse to grant a practising certificate to a registered pharmacist, or may refuse to renew a registered pharmacist’s practising certificate, if the registered pharmacist fails to comply with any condition that is prescribed by the Council with the approval of the Minister for the purposes of this section. (6) Where a person has had his or her registration in respect of any practice of pharmacy cancelled or suspended under Part 6, the person must surrender his or her practising certificate to the Council — ( a ) within 14 days of being notified by the Council of the cancellation or suspension; or ( b ) in a case where an appeal is pending under Part 6, within any other period that the Council may specify. (7) Any person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (8) For the purposes of subsection (4), the Council may prescribe different late application fees for applications made before, and applications made after, the expiry of practising certificates.


document_id: pra-2007
provision_ref: s24
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 24
title: Amendment of appropriate register
content:
24. The Registrar must — ( a ) insert in the appropriate register any alteration which may come to the Registrar’s knowledge to any particulars or qualifications of any person registered under this Act; ( b ) correct any error in any entry in the appropriate register; and ( c ) remove from the appropriate register the name of any person — (i) whose name is ordered to be removed under any provision of this Act; (ii) who is deceased; (iii) who has not renewed his or her practising certificate for a continuous period of at least 5 years; or (iv) who has requested and shown sufficient reason for his or her name to be removed from that appropriate register, unless an inquiry has or proceedings have commenced under Part 6 against that person.


document_id: pra-2007
provision_ref: s25
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 25
title: Removal of name from appropriate register
content:
25. —(1) Despite the provisions of this Act, the Council may, upon such evidence as it may require, order the removal from the appropriate register of the name of a registered pharmacist under any of the following circumstances: ( a ) if the registered pharmacist is registered under section 16(1), 17 or 19 and has contravened any condition or restriction imposed by the Council regarding his or her registration; ( b ) if he or she, being a registered pharmacist whose name is in the Register of Specialists — (i) has had his or her name removed from the Register of Pharmacists; or (ii) has contravened any condition or restriction imposed by the Council under section 18; ( c ) if the registered pharmacist has obtained his or her registration by a fraudulent or an incorrect statement or through an error; ( d ) if the registered pharmacist’s registration as a pharmacist in any other country is withdrawn, suspended or cancelled by the authority which registered him or her; or ( e ) if the registered pharmacist’s degree or qualification which entitled him or her to be registered under this Act is withdrawn, suspended or cancelled by the authority through which it was acquired or by which it was awarded. (2) The Council must, before exercising its powers under subsection (1), notify the registered pharmacist concerned of its intention to take that action. (3) The Council must give the registered pharmacist an opportunity to submit reasons, within a period determined by the Council, as to why his or her name should not be removed. (4) Any person aggrieved by an order under subsection (1) may, within 30 days of being notified of the order, appeal to the Minister whose decision is final.


document_id: pra-2007
provision_ref: s26
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 26
title: Restoration of names removed under section 24 or 25
content:
26. —(1) Subject to subsection (4), where the name of a person has been removed from an appropriate register under section 24( c )(iii) or 25(1)( a ) or ( b ), the Council may, upon application by the person, direct that — ( a ) the person’s name be restored to the appropriate register; or ( b ) the person be re-registered as a pharmacist in the Register of Temporarily Registered Pharmacists, and section 19(2), (3) and (4) applies accordingly. (2) An application under subsection (1) must not be made to the Council more than once in any period of 6 months by or on behalf of the pharmacist. (3) An application under subsection (1) must not be made to the Council by or on behalf of the pharmacist unless the pharmacist has complied with all the terms of the order made against the pharmacist under section 25(1), where applicable. (4) The Council may require an applicant under this section to sit for and pass any examination prescribed by the Council, before — ( a ) restoring the applicant’s name to the appropriate register; or ( b ) re-registering the applicant as a pharmacist in the Register of Temporarily Registered Pharmacists under subsection (1)( b ).


document_id: pra-2007
provision_ref: s27
chapter: PART 3 - REGISTRATION OF PHARMACISTS
section: 27
title: Certificate of Registrar as evidence
content:
27. A certificate purporting to be under the hand of the Registrar — ( a ) to the effect that at any time or during any period specified in the certificate any person was or was not a registered pharmacist, or had or did not have in force a practising certificate; or ( b ) as to any entry in the appropriate register, or the removal from that register of any entry, is, in the absence of proof to the contrary, and without further proof of the signature appended to the certificate, sufficient evidence of the matters specified in the certificate.


document_id: pra-2007
provision_ref: s28
chapter: PART 4 - PRACTICE OF PHARMACY
section: 28
title: Unauthorised person acting as pharmacist
content:
28. —(1) Subject to sections 70 and 71, an unauthorised person shall be guilty of an offence if the person — ( a ) practises pharmacy; ( b ) wilfully and falsely pretends to be a duly qualified pharmacist; ( c ) practises pharmacy or any branch of pharmacy, under the style or title of a pharmacist or under any name, title, addition or description implying that the person holds any diploma or degree in pharmacy or in any branch of pharmacy; ( d ) takes or uses the name or title of pharmacist, pharmaceutical chemist, druggist, apothecary, or any other word in any language having the same meaning or with similar intent; ( e ) takes or uses any name, title, sign, uniform, badge, or any other addition or description implying, whether in itself or in the circumstances in which it is used, that the person is qualified to practise as a pharmacist; or ( f ) advertises or holds himself or herself out as a pharmacist. (2) It is a defence to a prosecution under subsection (1)( a ) if the defendant proves that he or she did not in any way represent himself or herself as a duly qualified or registered pharmacist.


document_id: pra-2007
provision_ref: s29
chapter: PART 4 - PRACTICE OF PHARMACY
section: 29
title: Liability of employer, etc., for practice of pharmacy in contravention of section 28
content:
29. —(1) Where an offence is committed under section 28 by any unauthorised person acting as an employee, an agent or a partner of another person, that other person shall also be guilty of an offence. (2) It is a defence to a prosecution under subsection (1) if the defendant proves that the firstmentioned offence was committed without the defendant’s knowledge and that the defendant has taken all reasonable precautions and exercised due diligence to prevent the commission of that offence by the unauthorised person.


document_id: pra-2007
provision_ref: s30
chapter: PART 4 - PRACTICE OF PHARMACY
section: 30
title: Liability of registered pharmacist for allowing another to act in contravention of section 28, etc.
content:
30. —(1) A registered pharmacist who allows an unauthorised person to practise pharmacy in contravention of section 28 on any premises used by or under the control of that registered pharmacist shall be guilty of an offence. (2) A registered pharmacist who, by his or her presence, countenance, advice, assistance or cooperation, has knowingly enabled an unauthorised person, whether described as an assistant or otherwise, to practise pharmacy in contravention of section 28 shall be guilty of an offence. (3) It is a defence to a prosecution under subsection (1) or (2) if the defendant proves that — ( a ) the commission of the offence was due to a mistake on the defendant’s part or to reliance on information supplied to the defendant or to the act of another person or some other cause beyond the defendant’s control; and ( b ) the defendant took all reasonable precautions and exercised due diligence to prevent the commission of the offence. (4) A registered pharmacist who practises pharmacy on any premises on which any unauthorised person practises pharmacy in contravention of section 28, knowing or having reason to believe that that person was practising pharmacy on those premises in contravention of section 28, shall be guilty of an offence.


document_id: pra-2007
provision_ref: s31
chapter: PART 4 - PRACTICE OF PHARMACY
section: 31
title: Suspended persons not to practise pharmacy during period of suspension
content:
31. —(1) Any person whose registration as a pharmacist under this Act has been suspended under Part 6 must not practise pharmacy during the period of his or her suspension. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: pra-2007
provision_ref: s32
chapter: PART 4 - PRACTICE OF PHARMACY
section: 32
title: False assumption of title of specialist
content:
32. —(1) A person other than a specialist registered under section 18 who has in force a practising certificate must not take or use — ( a ) the name or title of specialist, or any other word in any language having the same meaning or with similar intent; or ( b ) any name, title, sign, uniform, badge, or any other thing implying that the person is qualified to practise any specialised area of pharmacy defined by the Specialists Accreditation Board under section 37. (2) Any person who contravenes subsection (1) shall be guilty of an offence. (3) A registered pharmacist who is not registered under section 18 as a specialist in a branch of pharmacy must not — ( a ) practise pharmacy or that branch of pharmacy under the style or title of a specialist in that branch of pharmacy, or under any name, title, addition or description implying that he or she is such a specialist or has any degree, qualification or experience in that branch of pharmacy; or ( b ) advertise or hold himself or herself out as a specialist in that branch of pharmacy. (4) A registered pharmacist who contravenes subsection (3) may be subject to disciplinary proceedings under this Act.


document_id: pra-2007
provision_ref: s33
chapter: PART 4 - PRACTICE OF PHARMACY
section: 33
title: Fraudulent registration, etc.
content:
33. —(1) A person must not — ( a ) procure or attempt to procure registration as a pharmacist under this Act, a certificate of registration or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise; ( b ) wilfully make or cause to be made any false entry in an appropriate register; ( c ) forge or alter a certificate of registration or a practising certificate; ( d ) fraudulently or dishonestly use as genuine a certificate of registration or a practising certificate which the person knows or has reason to believe is forged or altered; or ( e ) buy, sell or fraudulently obtain a certificate of registration or a practising certificate. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: pra-2007
provision_ref: s34
chapter: PART 4 - PRACTICE OF PHARMACY
section: 34
title: Pharmacist to use only qualifications entered in register and approved title, etc.
content:
34. —(1) A registered pharmacist must not — ( a ) use or exhibit or publish in any card, letter, stationery, nameplate, signboard, placard, circular, handbill or any notice displayed at the premises used by the registered pharmacist for the practice of pharmacy any qualification other than the qualifications which are entered in any register kept under this Act or which have been approved by the Council; or ( b ) use any title, addition or designation other than the title, addition or designation which has been approved by the Council. (2) Any registered pharmacist who contravenes subsection (1) may be subject to disciplinary proceedings under this Act.


document_id: pra-2007
provision_ref: s35
chapter: PART 4 - PRACTICE OF PHARMACY
section: 35
title: General penalty
content:
35. Any person who is guilty of an offence under section 28(1), 29(1), 30(1), (2) or (4), 31(2), 32(2) or 33(2) shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a second or subsequent conviction for an offence under any of those sections, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pra-2007
provision_ref: s36
chapter: PART 5 - SPECIALISTS ACCREDITATION BOARD
section: 36
title: Establishment of Specialists Accreditation Board
content:
36. —(1) There is to be a board called the Specialists Accreditation Board consisting of — ( a ) a chairperson who is appointed by the Minister from among the members of the Board; and ( b ) at least 6 registered pharmacists who are appointed by the Minister. (2) The chairperson and members of the Board must be appointed for a term not exceeding 3 years but may be eligible for re‑appointment and may at any time be removed from office by the Minister. (3) If any member of the Board dies, resigns or is removed from office, the Minister may fill the vacancy by the appointment of a registered pharmacist and every person so appointed holds office for the remainder of the term for which the person’s predecessor was appointed. (4) The powers of the Board are not affected by any vacancy in its membership. (5) At any meeting of the Board, 3 Board members form a quorum. (6) At any meeting of the Board, the chairperson presides and in the chairperson’s absence the Board members present must elect among themselves one Board member to preside at the meeting. (7) If on any question to be determined by the Board there is an equality of votes, the chairperson or the Board member presiding at the meeting has a casting vote. (8) Subject to the provisions of this Act, the Board may determine its own procedure. (9) The Board may appoint one or more committees consisting of such members as it thinks fit to assist the Board in carrying out its functions under this Act.


document_id: pra-2007
provision_ref: s37
chapter: PART 5 - SPECIALISTS ACCREDITATION BOARD
section: 37
title: Functions of Specialists Accreditation Board
content:
37. —(1) The functions of the Board are — ( a ) to determine the qualifications, experience and other conditions for registration as specialists under this Act; ( b ) to define specialties in the practice of pharmacy for the purposes of maintaining and keeping the Register of Specialists; ( c ) to accredit the training programmes to be recognised for persons who intend to qualify for registration as specialists under this Act; ( d ) to certify persons who have the qualifications for registration as specialists under this Act; ( e ) to recommend to the Council programmes for the continuing pharmacy education of persons who are registered as specialists under this Act; and ( f ) to advise the Council on matters affecting or connected with the registration of specialists under this Act. (2) Any person who desires to have a certificate from the Board certifying that the person has the qualifications for registration as a specialist under this Act may apply to the Board. (3) Any person who is aggrieved by the refusal of the Board to grant a certificate mentioned in subsection (2) may, within 30 days of the notice of the refusal, appeal to the Minister whose decision is final.


document_id: pra-2007
provision_ref: s38
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 38
title: Appointment of Complaints Panel
content:
38. —(1) For the purpose of enabling the Complaints Committees and Disciplinary Committees to be constituted in accordance with this Part, the Council must appoint a panel, called the Complaints Panel, consisting of — ( a ) at least 5 members of the Council; ( b ) not less than 10 and not more than 40 registered pharmacists of at least 10 years’ standing who are not members of the Council; and ( c ) not less than 6 and not more than 40 lay persons nominated by the Minister. (2) The term of office of a member of the Complaints Panel referred to in subsection (1)( a ) expires at the end of the member’s term of office as member of the Council, and a member of the Complaints Panel referred to in subsection (1)( b ) or ( c ) must be appointed for a term of 2 years. (3) Any member of the Complaints Panel is eligible for re‑appointment. (4) The Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership. (5) The Council must appoint a member of the Complaints Panel who is a member of the Council to be the chairperson of the Complaints Panel.


document_id: pra-2007
provision_ref: s39
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 39
title: Complaints against registered pharmacists
content:
39. —(1) Any — ( a ) complaint made or information given to the Council on the conduct of a registered pharmacist in his or her professional capacity or of a registered pharmacist’s improper act or conduct which brings disrepute to his or her profession; ( b ) information given to the Council on the conviction in Singapore or elsewhere of a registered pharmacist of any offence committed under this Act, the Health Products Act 2007, the Medicines Act 1975, the Medicines (Advertisement and Sale) Act 1955, the Misuse of Drugs Act 1973, the Poisons Act 1938 or any other written law that may be prescribed; ( c ) information given to the Council on the conviction in Singapore or elsewhere of a registered pharmacist of any offence involving fraud or dishonesty, or implying a defect in character which makes him or her unfit for his or her profession; or ( d ) information given to the Council touching upon the physical or mental fitness of a registered pharmacist to practise as a pharmacist, must be in writing and must be supported by such statutory declaration as the Council may require, except that no statutory declaration is required if the complaint or information is made or given by a public officer or an officer of the Council. (2) The Council must refer the complaint or information mentioned in subsection (1), other than a complaint or information touching on the matters referred to in section 25, to the chairperson of the Complaints Panel. (3) The Council may, on its own motion, refer any information on the conviction of a registered pharmacist of any offence implying a defect in character which makes the registered pharmacist unfit for his or her profession to the chairperson of the Complaints Panel. (4) Where a registered pharmacist has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty or has contravened section 32(3) or 34(1), the Council must, despite subsection (1) or (2), immediately refer the matter to a Disciplinary Committee under section 42. (5) The chairperson of the Complaints Panel may appoint from among members of the Complaints Panel one or more committees comprising — ( a ) a chairperson of the committee who is also a member of the Council; ( b ) 2 registered pharmacists, at least one of whom is not a member of the Council; and ( c ) a lay person, each to be called a Complaints Committee to inquire into any complaint or information mentioned in subsection (2) or (3). (6) A Complaints Committee must be appointed in connection with one or more matters or for a fixed period of time as the chairperson of the Complaints Panel may think fit. (7) Where any complaint or information mentioned in subsection (1)( a ), ( b ) or ( c ) or (3) is referred to the chairperson of the Complaints Panel, that chairperson must lay the complaint or information before a Complaints Committee. (8) Where any complaint or information mentioned in subsection (1)( d ) is referred to the chairperson of the Complaints Panel, that chairperson must — ( a ) if he or she is satisfied, based on any information given in support of the complaint or information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered pharmacist to practise, refer the complaint or information to the Health Committee; or ( b ) in any other case, lay the complaint or information before a Complaints Committee. (9) The chairperson of the Complaints Panel may at any time revoke the appointment of any Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee. (10) No act done by or under the authority of a Complaints Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. (11) All the members of a Complaints Committee must be present to constitute a quorum for a meeting of the Complaints Committee and any resolution or decision in writing signed by all the members of a Complaints Committee is as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where all its members were present. (12) A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members think fit. (13) The chairperson of a Complaints Committee may at any time summon a meeting of the Complaints Committee. (14) All members of a Complaints Committee present at any meeting thereof must vote on any question arising at the meeting and the question must be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote. (15) A member of a Complaints Committee, despite having ceased to be a member of the Complaints Panel on the expiry of his or her term of office, is deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work. (16) Any person who makes a complaint under this section which the person knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: pra-2007
provision_ref: s40
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 40
title: Inquiry by Complaints Committee
content:
40. —(1) A Complaints Committee must inquire into any complaint or information, or any information or evidence mentioned in subsection (9), and complete its preliminary inquiry not later than 3 months from — ( a ) the date the complaint or information is laid before the Complaints Committee; or ( b ) the date the information or evidence mentioned in subsection (9) is received by the Complaints Committee, as the case may be. (2) Where a Complaints Committee is of the opinion that it will not be able to complete its preliminary inquiry within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Complaints Committee in conducting its preliminary inquiry, the Complaints Committee may apply in writing to the chairperson of the Complaints Panel for an extension of time to complete its inquiry and the chairperson may grant such extension of time to the Complaints Committee as the chairperson thinks fit. (3) For the purposes of any inquiry, a Complaints Committee may — ( a ) call upon or appoint any person it considers necessary to assist it in its investigations and deliberations; ( b ) require the production of any book, document, paper or other record which may be related to or be connected with the subject matter of the inquiry for inspection by the Complaints Committee or the person appointed under paragraph ( a ) and for making copies thereof; and ( c ) require the registered pharmacist concerned to give all information in relation to any such book, document, paper or other record which may be reasonably required by the Complaints Committee or by the person so appointed. (4) Any registered pharmacist or any other person who, without lawful excuse — ( a ) refuses or fails to produce to a Complaints Committee or to any person to whom the Complaints Committee may appoint for the purpose of the inquiry any book, document, paper or other record mentioned in subsection (3); or ( b ) fails to give any such information relating thereto, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction. (5) All such information, including any book, document, paper or other record used by the Complaints Committee in the course of its deliberations, is confidential and must not be disclosed to any person, including the registered pharmacist, unless the Complaints Committee in its discretion thinks otherwise. (6) The Complaints Committee may, at any time before it makes its findings, seek any legal advice that it thinks necessary. (7) Where a Complaints Committee is of the opinion that a registered pharmacist should be called upon to answer any allegation made against him or her, the Complaints Committee must serve on the registered pharmacist — ( a ) copies of any complaint and any statutory declaration or affidavit that has been made in support of the complaint; or ( b ) any information and any statutory declaration or affidavit that has been made in support of the information, and a notice inviting the registered pharmacist, within the period (not being less than 21 days) specified in the notice, to give to the Complaints Committee any written explanation the registered pharmacist may wish to offer. (8) The registered pharmacist concerned does not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows. (9) Where, in the course of its inquiry, a Complaints Committee receives information touching on or evidence of the conduct or physical or mental fitness of the registered pharmacist concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to the registered pharmacist, decide on its own motion to inquire into that matter. (10) Where the complainant withdraws his or her complaint before — ( a ) the Council has referred the complaint to a Complaints Committee or the Health Committee under this Part; or ( b ) the inquiry by a Complaints Committee, Disciplinary Committee or the Health Committee has concluded, the Council may, despite the withdrawal — ( c ) refer the complaint to a Complaints Committee or the Health Committee; or ( d ) direct a Complaints Committee, Disciplinary Committee or the Health Committee to continue the inquiry. (11) The Complaints Committee, Disciplinary Committee or Health Committee (as the case may be) must comply with a direction made under subsection (10)( d ) and all future proceedings thereon must be taken as if the complaint had been made by the Council. (12) Any member of the Council who is employed in the Ministry of Health is not disqualified from being a member of a Complaints Committee, Disciplinary Committee or the Health Committee by reason only that the member or the complainant is so employed.


document_id: pra-2007
provision_ref: s41
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 41
title: Findings of Complaints Committee
content:
41. —(1) Upon due inquiry into the complaint or information, or any information or evidence mentioned in section 40(9), a Complaints Committee must — ( a ) if it is of the view that no formal inquiry is necessary — (i) order that the registered pharmacist be issued with a letter of advice; (ii) order that the registered pharmacist be warned; (iii) order that the complaint or matter be dismissed; or (iv) make any other order that it thinks fit; or ( b ) if it is of the view that a formal inquiry is necessary — (i) order that an inquiry be held by the Health Committee; or (ii) order that an inquiry be held by a Disciplinary Committee. (2) Where a Complaints Committee determines that a formal inquiry is necessary, it must order that the inquiry be held by the Health Committee if the complaint, information or evidence touches upon the physical or mental fitness of the registered pharmacist to practise. (3) Where a Complaints Committee has made an order for a formal inquiry to be held by a Disciplinary Committee, the Council must immediately appoint a Disciplinary Committee which must hear and investigate the complaint or matter. (4) Where a Complaints Committee has ordered that a letter of advice be issued, the chairperson of the Complaints Committee must issue a letter of advice in such terms as it thinks fit. (5) A Complaints Committee must notify the registered pharmacist concerned and the person who made the complaint or gave the information under section 39(1) of its decision under subsection (1) and, if it makes an order under subsection (1)( a ), the reason for making the order. (6) Any registered pharmacist who is aggrieved by any order of a Complaints Committee under subsection (1)( a ) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final. (7) Where the person who has made the complaint or given the information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1)( a ), the person may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final. (8) The Minister may make — ( a ) an order affirming the determination of a Complaints Committee; ( b ) an order directing the Council to immediately appoint a Disciplinary Committee to hear and investigate the complaint or matter; ( c ) an order directing that an inquiry into the matter be held by the Health Committee; or ( d ) any other order that the Minister thinks fit. (9) Every Complaints Committee must immediately report to the Council its findings and the order or orders made.


document_id: pra-2007
provision_ref: s42
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 42
title: Disciplinary Committee
content:
42. —(1) The Council may appoint, from among members of the Complaints Panel, one or more committees comprising — ( a ) at least 3 registered pharmacists of at least 10 years’ standing of whom at least 2 must be members of the Council; and ( b ) one observer who is a lay person, each to be called a Disciplinary Committee to inquire into — ( c ) any matter in respect of which the Minister or a Complaints Committee has under section 41 ordered that a formal inquiry be held; or ( d ) any matter referred to it under section 39(4). (2) A member of a Complaints Committee inquiring into any matter concerning a registered pharmacist must not be a member of a Disciplinary Committee inquiring into the same matter. (3) The member of a Disciplinary Committee who is an observer must not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee. (4) A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council thinks fit. (5) The Council may at any time — ( a ) revoke the appointment of any Disciplinary Committee; ( b ) remove any member of a Disciplinary Committee; or ( c ) fill any vacancy in a Disciplinary Committee. (6) No act done by or under the authority of a Disciplinary Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. (7) Except as provided by subsection (3) — ( a ) all members of a Disciplinary Committee must be personally present to constitute a quorum for the transaction of any business; and ( b ) all members of a Disciplinary Committee present at any meeting thereof must vote on any question arising at the meeting and the question is to be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote. (8) The Council must appoint a member of a Disciplinary Committee who is a registered pharmacist to be the chairperson of the Disciplinary Committee.


document_id: pra-2007
provision_ref: s43
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 43
title: Proceedings of Disciplinary Committee
content:
43. —(1) A Disciplinary Committee must meet to inquire into any matter referred to it by the Council and may regulate its own procedure. (2) A member of a Disciplinary Committee, despite having ceased to be a member of the Council or Complaints Panel on the expiry of his or her term of office, continues to be a member of the Disciplinary Committee until such time as the Disciplinary Committee has completed its work. (3) The registered pharmacist concerned may appear in person or be represented by counsel. (4) A Disciplinary Committee is not bound to act in any formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit. (5) A Disciplinary Committee may, for the purpose of any proceedings before it, administer oaths and any party to the proceedings may take out a subpoena to testify or to produce documents. (6) The subpoenas referred to in subsection (5) must be served and may be enforced as if they were orders to attend court or orders to produce documents issued in connection with a civil action in the General Division of the High Court. [Act 25 of 2021 wef 01/04/2022] [40/2019] (7) Any person giving evidence before a Disciplinary Committee is legally bound to tell the truth. (8) A witness has the same privileges and immunities in relation to hearings before a Disciplinary Committee as if the hearings were proceedings in a court of law. (9) A Disciplinary Committee must carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Committee if the Disciplinary Committee fails to make its finding and order within 6 months from the date of its appointment. (10) When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for any period it thinks fit. (11) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Committee taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include any such investigation.


document_id: pra-2007
provision_ref: s44
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 44
title: Reference and transfer of cases to Health Committee
content:
44. —(1) Where, in the course of inquiring into the case of a registered pharmacist, it appears to a Disciplinary Committee that the registered pharmacist’s fitness to practise may be impaired by reason of his or her physical or mental condition, the Disciplinary Committee may refer that question to the Health Committee for determination. (2) If, on a reference under this section, the Health Committee determines that the fitness of the registered pharmacist to practise is not impaired by reason of his or her condition, the Health Committee must certify its opinion to the Disciplinary Committee. (3) If, on a reference under this section, the Health Committee determines that the fitness of the registered pharmacist to practise is impaired by reason of his or her condition, the Health Committee must — ( a ) certify its opinion to the Disciplinary Committee; and ( b ) proceed to dispose of the case, and the Disciplinary Committee ceases to exercise its function in relation to the case.


document_id: pra-2007
provision_ref: s45
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 45
title: Findings of Disciplinary Committee
content:
45. —(1) A Disciplinary Committee may exercise one or more of the powers mentioned in subsection (2) where a registered pharmacist is found or judged by the Disciplinary Committee — ( a ) to have been convicted in Singapore or elsewhere of an offence under any of the written laws referred to in section 39(1)( b ); ( b ) to have been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, or implying a defect in character which makes the registered pharmacist unfit for his or her profession; ( c ) to be guilty of such improper act or conduct which, in the opinion of the Council, brings disrepute to his or her profession; ( d ) to be guilty of professional misconduct; or ( e ) to have contravened section 32(3) or 34(1). (2) The powers that the Disciplinary Committee may exercise for the purposes of subsection (1) are as follows: ( a ) by order direct the Registrar to remove the name of the registered pharmacist from the appropriate register; ( b ) by order suspend the registration of the registered pharmacist in the appropriate register for a period of at least 3 months but not more than 3 years; ( c ) by order impose conditions necessary to restrict the practice of the registered pharmacist in the manner that the Disciplinary Committee considers appropriate for a period not exceeding 3 years; ( d ) by order impose on the registered pharmacist a penalty not exceeding $50,000; ( e ) by writing censure the registered pharmacist; ( f ) issue a letter of advice or warning to the registered pharmacist; ( g ) by order require the registered pharmacist to give an undertaking that the Disciplinary Committee considers appropriate to abstain from the conduct complained of in future; ( h ) make any other order that the Disciplinary Committee considers appropriate. (3) In any proceedings instituted under this Part against a registered pharmacist consequent upon his or her conviction for a criminal offence, a Disciplinary Committee and the General Division of the High Court on appeal from any order of the Disciplinary Committee must accept the conviction as final and conclusive. [40/2019] (4) Where a registered pharmacist is not found or judged by the Disciplinary Committee to have been convicted or guilty of any matter referred to in subsection (1), the Disciplinary Committee must dismiss the complaint or matter. (5) The Registrar must serve on the registered pharmacist concerned and the person who made the complaint or gave the information (if any) a notice of the order made by the Disciplinary Committee. (6) A Disciplinary Committee may under subsection (2) order the registered pharmacist concerned to pay to the Council such sums as it thinks fit in respect of the costs and expenses of and incidental to any proceedings before the Disciplinary Committee and, where applicable, an Interim Orders Committee. (7) The General Division of the High Court has jurisdiction to tax the costs mentioned in subsection (6) and any such order for costs made is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court. [40/2019] (8) The Disciplinary Committee, in ordering that costs be paid by the registered pharmacist under this section, may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Committee has the same effect as if it were a certification by a Judge in a civil action in the General Division of the High Court. [40/2019] (9) The costs and expenses mentioned in subsection (6) include — ( a ) the costs and expenses of any assessor and advocate and solicitor appointed by the Council for proceedings before the Disciplinary Committee and the Interim Orders Committee; ( b ) reasonable expenses that the Council may pay to witnesses; and ( c ) reasonable expenses that are necessary for the conduct of proceedings before the Disciplinary Committee and the Interim Orders Committee.


document_id: pra-2007
provision_ref: s46
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 46
title: Orders of Disciplinary Committee
content:
46. —(1) Where a registered pharmacist in respect of whom an order is made under section 45(2)( c ), or an order for interim restricted registration is made under section 54(1)( b ) or 56(1)( d ), is judged by a Disciplinary Committee (whether, in the case of an order under section 45(2)( c ), it is the Disciplinary Committee that made the order or another Disciplinary Committee appointed in its place) to have failed to comply with any of the requirements imposed on the registered pharmacist as conditions of his or her registration, the Disciplinary Committee may order that — ( a ) the registered pharmacist’s name be removed from the appropriate register; or ( b ) the registered pharmacist’s registration in the appropriate register be suspended for a period not exceeding 12 months as may be specified in the order. (2) Where a Disciplinary Committee has made an order for suspension under subsection (1)( b ) or section 45(2)( b ), the Disciplinary Committee may order that, from the expiry of the current period of suspension, the registration of the person whose registration is suspended be restricted in such manner as it thinks fit for a period not exceeding 3 years. (3) Where a Disciplinary Committee has made an order for suspension under subsection (1)( b ) or section 45(2)( b ) against a person and that person has failed to comply with that order, the Disciplinary Committee or another Disciplinary Committee appointed in its place may order that — ( a ) the person’s name be removed from the appropriate register; or ( b ) from the expiry of the current period of suspension, the person’s registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years. (4) Where a Disciplinary Committee has made an order under section 45(2)( c ), the Disciplinary Committee or another Disciplinary Committee appointed in its place may revoke the order or revoke or vary any of the conditions imposed by the order. (5) Subsection (1) applies to a registered pharmacist whose registration is subject to conditions imposed by an order made under subsection (2) or (3) as it applies to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under section 45(2)( c ), and subsection (4) applies accordingly. (6) Where a Disciplinary Committee has made an order or has varied the conditions imposed by an order under this section, the Registrar must immediately serve on the person to whom the order applies a notice of the order or the variation. (7) Subject to subsection (8), an order made by a Disciplinary Committee for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2) does not take effect until the expiry of 30 days after the order is made. (8) On making an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), a Disciplinary Committee may, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered pharmacist concerned, order that the registered pharmacist’s registration in the appropriate register be suspended or that the registered pharmacist’s name be removed from the appropriate register immediately. (9) Where an order under subsection (8) is made, the Registrar must immediately serve a notice of the order on the person to whom it applies and if that person was present or represented at the proceedings of the Disciplinary Committee, the order takes effect from the time the order is made. (10) Where the person concerned is neither present nor represented at the proceedings of the Disciplinary Committee, the order made under subsection (8) takes effect from the time of service of the notice of the order on the person. (11) An order of a Disciplinary Committee, other than an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), takes effect from the time the order is made. (12) While any order of suspension of registration remains in force, the person concerned is not to be regarded as being registered under this Act even though the person’s name still appears in the appropriate register, but immediately on the expiry of the order the person’s rights and privileges as a registered pharmacist are revived as from the date of the expiry, provided that the pharmacist has complied with all the terms of the order.


document_id: pra-2007
provision_ref: s47
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 47
title: Appeal against order by Disciplinary Committee
content:
47. —(1) Any person aggrieved by a decision of the Disciplinary Committee referred to in section 45(2) or (4) or 46 may, within 30 days after the service on him or her of the notice of the order, appeal to the General Division of the High Court against the order. [40/2019] (2) There is no appeal from the decision of the General Division of the High Court. [40/2019] (3) In any appeal to the General Division of the High Court against a decision referred to in section 45(2) or (4) or 46, the General Division of the High Court must accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of ethics or standards of professional conduct, unless the finding is in the opinion of the General Division of the High Court unsafe, unreasonable or contrary to the evidence. [40/2019] (4) Despite section 45 or 46, where a person has appealed to the General Division of the High Court against an order mentioned in section 45(2) or 46, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court or withdrawn. [40/2019]


document_id: pra-2007
provision_ref: s48
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 48
title: Restoration of names to appropriate register
content:
48. —(1) Where the name of a pharmacist has been removed from an appropriate register pursuant to an order made by a Disciplinary Committee under section 45 or 46, the Council may, upon application by the pharmacist and subject to any conditions it thinks fit, direct that the pharmacist’s name be restored to the appropriate register. (2) An application for the restoration of a name to an appropriate register under this section must not be made to the Council — ( a ) before the expiry of 3 years from the date of the removal of the name; or ( b ) more than once in any period of 12 months by or on behalf of the pharmacist, and unless the pharmacist has complied with all the terms of the order made against him or her.


document_id: pra-2007
provision_ref: s49
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 49
title: Report of breach
content:
49. Where any breach of any written law is disclosed to the Disciplinary Committee in the course of an inquiry, the Disciplinary Committee may report the breach to the appropriate authorities.


document_id: pra-2007
provision_ref: s50
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 50
title: Health Committee
content:
50. —(1) There is to be a committee called the Health Committee comprising at least 3 members of the Council to be appointed by the Council which must inquire into any case referred to it under this Act. (2) A member of the Health Committee must be appointed for a period of 2 years and is eligible for re-appointment.


document_id: pra-2007
provision_ref: s51
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 51
title: Unfitness to practise through illness, etc.
content:
51. —(1) Where the Health Committee is satisfied that the fitness of a registered pharmacist to practise as a pharmacist is impaired by reason of the registered pharmacist’s physical or mental condition, the Health Committee may exercise one or more of the following powers: ( a ) order that the registered pharmacist pays to the Council the costs and expenses of and incidental to the inquiry by the Health Committee and, where applicable, an Interim Orders Committee, including the costs and expenses of any medical examination incurred by the Council and of the medical assessor in respect of the inquiry; ( b ) order that the registered pharmacist’s registration as a pharmacist be suspended for a period not exceeding 12 months as specified in the order; ( c ) order that the registered pharmacist’s registration as a pharmacist be conditional upon his or her compliance, during a period not exceeding 3 years as specified in the order, with any requirements so specified that the Health Committee thinks fit to impose for the protection of members of the public or in the registered pharmacist’s interests (called in this Part a restricted registration); ( d ) recommend to the Council that the registered pharmacist’s name be removed from the appropriate register. (2) An order mentioned in subsection (1)( a ) is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court. [40/2019] (3) Where a registered pharmacist in respect of whom an order for restricted registration is made under subsection (1)( c ), or an order for interim restricted registration is made under section 54(1)( b ) or 56(1)( d ), is judged by the Health Committee to have failed to comply with any of the requirements imposed on him or her as conditions of his or her registration, the Health Committee may, order that the registered pharmacist’s registration in the appropriate register be suspended for a period not exceeding 12 months as specified in the order. (4) Where the Council accepts the recommendation of the Health Committee under subsection (1)( d ), the Council must by order direct that the name of the registered pharmacist be removed from the appropriate register, and that order takes effect from the date the order is made. (5) Where the Health Committee has made an order for suspension under subsection (1) or (3), the Health Committee may order that, from the expiry of the current period of suspension, the registration of the person whose registration is suspended be a restricted registration. (6) Where the Health Committee has made an order for suspension under subsection (1) or (3) against a person and that person has failed to comply with that order, the Health Committee may — ( a ) make a recommendation referred to in subsection (1)( d ) to the Council, and subsection (4) applies accordingly; or ( b ) order that, from the expiry of the current period of suspension, the person’s registration in the appropriate register be restricted in any manner that it thinks fit for a period not exceeding 3 years. (7) Where the Health Committee has made an order for restricted registration, the Health Committee may revoke the order or revoke or vary any of the conditions imposed by the order. (8) Subsection (3) applies to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under subsection (5) or (6) as it applies to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under subsection (1)( c ), and subsection (7) applies accordingly. (9) Where the Health Committee has — ( a ) made an order under this section for suspension or for restricted registration, including an order for extending a period of suspension or a period of restricted registration; or ( b ) varied the conditions imposed by a direction for restricted registration, the Registrar must immediately serve on the person to whom the order applies a notice of the order or of the variation. (10) While a person’s registration in the appropriate register is suspended by virtue of this section, the person is to be treated as not being registered in that register even though the person’s name still appears in it. (11) Sections 42(5), (6) and (7) and 43 apply, with the necessary modifications, to the Health Committee and references to a Disciplinary Committee are to be read as references to the Health Committee. (12) Any person who is aggrieved by any order or any variation of the conditions imposed by an order for restricted registration made by the Health Committee under this section may, within 30 days of the service on the person of the notification of the order, appeal to the Minister whose decision is final. (13) Any order or any variation of the conditions imposed by an order for restricted registration made by the Health Committee takes effect from the time the order or variation is made unless the Minister decides otherwise.


document_id: pra-2007
provision_ref: s52
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 52
title: Restoration of names removed on recommendation of Health Committee
content:
52. —(1) Where the name of a person has been removed from an appropriate register on the recommendation of the Health Committee under section 51, the Council may, upon application by the person, direct that the person’s name be restored to the appropriate register. (2) An application under subsection (1) must not be made to the Council more than once in any period of 12 months by or on behalf of the person. (3) An application under subsection (1) must not be made to the Council by or on behalf of the person unless the person has complied with all the terms of the order made against him or her.


document_id: pra-2007
provision_ref: s53
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 53
title: Interim Orders Committee
content:
53. —(1) The Council may appoint one or more committees comprising 3 of its members, each to be known for the purposes of this Act as an Interim Orders Committee, to inquire into any matter referred by the Council under subsection (3). (2) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time. (3) The chairperson of the Complaints Panel, a Complaints Committee, a Disciplinary Committee or the Health Committee may refer any complaint or information to the Council for the purpose of determining if an order should be made under section 54; and the Council must refer the complaint or information to an Interim Orders Committee for this purpose. (4) A member of a Complaints Committee or Disciplinary Committee inquiring into any matter must not be a member of an Interim Orders Committee inquiring into or reviewing that matter. (5) A member of an Interim Orders Committee inquiring into or reviewing any matter must not be a member of a Complaints Committee or Disciplinary Committee inquiring into that matter, or take part in any deliberation of the Council under section 51(4) in respect of that matter. (6) Neither the chairperson of the Complaints Panel nor any member of the Health Committee may be a member of an Interim Orders Committee. (7) All members of an Interim Orders Committee must vote on any question arising at a meeting of the Interim Orders Committee and the question must be determined by a majority of votes. (8) A member of an Interim Orders Committee which has commenced any inquiry or review of any case must, despite having ceased to be a member of the Council, continue to be a member of the Interim Orders Committee until the completion of that inquiry or review. (9) Sections 42(5), (6) and (7) and 43(1), (4) to (8) and (11) apply, with the necessary modifications, to an Interim Orders Committee and to proceedings before it as they apply to a Disciplinary Committee and to proceedings before a Disciplinary Committee.


document_id: pra-2007
provision_ref: s54
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 54
title: Interim orders
content:
54. —(1) Where, upon due inquiry into any complaint or information referred to it, an Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a registered pharmacist, for the registered pharmacist’s registration to be suspended or to be made subject to conditions, the Interim Orders Committee may make an order that — ( a ) the registered pharmacist’s registration in the appropriate register be suspended for a period not exceeding 18 months as specified in the order (called in this Part an interim suspension order); or ( b ) the registered pharmacist’s registration be conditional on his or her compliance, during a period not exceeding 18 months as specified in the order, with such requirements so specified as the Interim Orders Committee thinks fit to impose (called in this Part an order for interim restricted registration). (2) The Registrar must immediately serve a notification of the order under subsection (1) on the registered pharmacist.


document_id: pra-2007
provision_ref: s55
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 55
title: Review of interim orders
content:
55. —(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 54, the Interim Orders Committee or another Interim Orders Committee appointed in its place — ( a ) must review it within 6 months beginning on the date on which the order was made, and must then, for so long as the order continues in force, further review it before the end of 3 months beginning on the date of the decision of the immediately preceding review; and ( b ) may review it where new evidence relevant to the order has become available after the order was made. (2) Where the General Division of the High Court has extended the order under section 58(2) or an Interim Orders Committee has made a replacement order under section 56(1)( c ) or ( d ), the first review after the extension or making of the replacement order must take place — ( a ) if the order (or the order which has been replaced) had not been reviewed under subsection (1), within 6 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made, as the case may be; or ( b ) if it had been reviewed under subsection (1), within 3 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made. [40/2019]


document_id: pra-2007
provision_ref: s56
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 56
title: Interim Orders Committee may revoke, vary or replace interim order
content:
56. —(1) Where an interim suspension order or an order for interim restricted registration has been made under this section or section 54 in relation to any registered pharmacist, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review mentioned in section 55 or upon the recommendation of a Complaints Committee, a Disciplinary Committee or the Health Committee — ( a ) revoke the order or revoke any condition imposed by the order; ( b ) make an order varying any condition imposed by the order; ( c ) if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered pharmacist concerned, or that the registered pharmacist has not complied with any requirement imposed as a condition of his or her registration in the order for interim restricted registration, replace that order with an interim suspension order having effect for the remainder of the period of the former; or ( d ) if satisfied that the public interest or the interests of the registered pharmacist concerned would be more adequately served by an order for interim restricted registration, replace the interim suspension order with an order for interim restricted registration having effect for the remainder of the period of the former. (2) The Registrar must immediately serve a notification of the decision under subsection (1) on the registered pharmacist.


document_id: pra-2007
provision_ref: s57
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 57
title: Right of hearing
content:
57. —(1) An order under section 54 or 56(1)( b ), ( c ) or ( d ) must not be made by an Interim Orders Committee in respect of any registered pharmacist unless the registered pharmacist has been afforded an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his or her case. (2) For the purposes of subsection (1), the registered pharmacist may be represented before the Interim Orders Committee by counsel. (3) Regulations made for the purposes of an Interim Orders Committee may include provision securing that the registered pharmacist in respect of whom an interim suspension order or an order for interim restricted registration has been made is, if the registered pharmacist so requires, entitled to be heard by the Interim Orders Committee on each occasion on which it reviews the order, and be represented by counsel during the review.


document_id: pra-2007
provision_ref: s58
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 58
title: Application to General Division of High Court
content:
58. —(1) The Council may apply to the General Division of the High Court for an order made under section 54 or 56(1)( c ) or ( d ) to be extended, and may apply again for further extensions. [40/2019] (2) On such an application, the General Division of the High Court may extend (or further extend) for up to 12 months the period for which the order has effect. [40/2019] (3) The General Division of the High Court may, on application by the registered pharmacist concerned — ( a ) in the case of an interim suspension order, revoke the order; ( b ) in the case of an order for interim restricted registration, revoke the order or vary any condition imposed by the order; and ( c ) in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it). [40/2019]


document_id: pra-2007
provision_ref: s59
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 59
title: Duration of interim orders
content:
59. —(1) An interim suspension order or an order for interim restricted registration is in force until the earlier of the following: ( a ) the end of the period specified in the order or, if extended under section 58(2), in the order extending it; ( b ) the date on which proceedings are concluded. (2) For the purposes of subsection (1)( b ), proceedings are concluded if — ( a ) the Complaints Committee inquiring into the complaint or information has made an order under section 41(1)( a ) and — (i) no appeal to the Minister under section 41(6) or (7) has been made against that order within the period specified in that section or such an appeal is withdrawn; or (ii) the Minister makes an order under section 41(8)( a ) or ( c ); ( b ) the Disciplinary Committee inquiring into the complaint or information has made an order under section 45(2) which has taken effect, or has dismissed the complaint or matter under section 45(4); or ( c ) the Health Committee has made an order under section 51(1) which has taken effect, the Council has made an order under section 51(4) which has taken effect, or the Health Committee has dismissed the complaint or matter.


document_id: pra-2007
provision_ref: s60
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 60
title: Person suspended under interim suspension order not regarded as registered
content:
60. —(1) While a person’s registration in the appropriate register is suspended by virtue of an interim suspension order, the person is not to be regarded as being registered even though the person’s name still appears in that register. (2) Immediately upon the expiry or revocation of the order, the person’s rights and privileges as a registered pharmacist are revived from the date of the expiry or revocation, provided that the person has complied with all the terms of the order. (3) To avoid doubt, the provisions of this Part, where relevant, continue to apply to a person whose registration in the appropriate register is suspended by virtue of an interim suspension order.


document_id: pra-2007
provision_ref: s61
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 61
title: Council may appoint legal counsel
content:
61. For the purposes of an inquiry under this Part by a Disciplinary Committee, the Health Committee or an Interim Orders Committee, the Council may appoint an advocate and solicitor and pay him or her, as part of the expenses of the Council, any remuneration determined by the Council.


document_id: pra-2007
provision_ref: s62
chapter: PART 6 - DISCIPLINARY AND HEALTH INQUIRIES
section: 62
title: Recovery of penalties and costs
content:
62. Any financial penalty and costs payable by any person under this Part are recoverable by the Council as a debt due to the Council from that person and the person’s liability to pay is not affected by the person ceasing to be registered with the Council.


document_id: pra-2007
provision_ref: s63
chapter: PART 7 - MISCELLANEOUS
section: 63
title: Application of funds of Council
content:
63. —(1) All fees, penalties and other moneys payable under this Act must be paid to the Council and any fee, penalty or other money not paid is recoverable by the Council as a debt due to the Council. (2) Subject to subsection (2A) and section 69(4), all moneys received by the Council or the Registrar must be paid into the funds of the Council. [Act 19 of 2025 wef 05/12/2025] (2A) All penalties collected or recovered under this Act must be paid into the Consolidated Fund. [Act 19 of 2025 wef 05/12/2025] (3) The costs and expenses of and incidental to the performance of the functions of the Council and any committee appointed by the Council under this Act must be paid by the Council out of its funds. (4) The Minister may pay into the funds of the Council such sum of money out of moneys to be provided by Parliament as the Minister may determine.


document_id: pra-2007
provision_ref: s64
chapter: PART 7 - MISCELLANEOUS
section: 64
title: Fees payable to members of Council and members of committees
content:
64. There must be paid to — ( a ) the members of the Council; and ( b ) the members of any committee appointed by the Council, who are not public officers such fees as the Minister may approve.


document_id: pra-2007
provision_ref: s65
chapter: PART 7 - MISCELLANEOUS
section: 65
title: Inspectors
content:
65. —(1) The Council may appoint one or more public officers or officers of the Council as inspectors to investigate the commission of an offence under this Act. (2) In any case relating to the commission of an offence under this Act, an inspector has the power to do all or any of the following: ( a ) to require any person whom the inspector has reason to believe has any article, document or information relevant to the carrying out of the provisions of this Act to produce that article or document, or give that information, and to retain that article or document, or make copies of that document; ( b ) to examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act and to reduce into writing the answer given or statement made by that person; ( c ) to require by order in writing the attendance before the inspector of any person who, from information given or otherwise, appears to be acquainted with facts and circumstances relevant to the carrying out of the provisions of this Act. (3) A person examined under subsection (2)( b ) is bound to state truly the facts and circumstances with which the person is acquainted, and the statement made by that person under that subsection must be read over to that person and, after correction, be signed by that person. (4) An inspector may apply to a Magistrate for a search warrant if the inspector has reasonable cause to believe that evidence of the commission of an offence under this Act can be found therein; and the Magistrate may, if satisfied that there are reasonable grounds for doing so, issue the warrant. (5) Any inspector authorised by a search warrant issued under subsection (4) may enter and search the premises referred to in the warrant and seize any thing found on the premises which the inspector reasonably believes is evidence of the commission of an offence under this Act. (6) Any person who — ( a ) intentionally offers any resistance to or wilfully delays an inspector in the exercise of any power under subsection (2) or pursuant to a search warrant issued under subsection (4); or ( b ) fails to comply with any requirement or order of an inspector under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pra-2007
provision_ref: s66
chapter: PART 7 - MISCELLANEOUS
section: 66
title: Assessors to Council
content:
66. —(1) For the purposes of advising the Council and any committee appointed by the Council, the Council may appoint a legal assessor who must be an advocate and solicitor of at least 10 years’ standing. (2) The legal assessor must not participate or sit in any deliberation of the Council or any committee appointed by the Council unless invited to do so, and the legal assessor’s participation is limited only to questions of law arising from the proceedings. (3) The Council may appoint a medical assessor to assist the Council and any committee appointed by the Council in proceedings before any of them under the provisions of this Act. (4) The Council may pay to the legal assessor and medical assessor, as part of the expenses of the Council, such remuneration as the Council may determine.


document_id: pra-2007
provision_ref: s67
chapter: PART 7 - MISCELLANEOUS
section: 67
title: Protection against liability
content:
67. No action shall lie against the Council, any committee or inspector appointed by the Council, or any member or employee of the Council or committee, for any act or thing done under this Act in respect of any matter or thing done in good faith for the purposes of carrying out the provisions of this Act.


document_id: pra-2007
provision_ref: s68
chapter: PART 7 - MISCELLANEOUS
section: 68
title: Jurisdiction of court
content:
68. Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: pra-2007
provision_ref: s69
chapter: PART 7 - MISCELLANEOUS
section: 69
title: Composition of offences
content:
69. —(1) The Council may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $2,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Council may, with the approval of the Minister, make regulations to prescribe the offences that may be compounded. (4) All sums collected under this section must be paid into the Consolidated Fund. [Act 19 of 2025 wef 05/12/2025]


document_id: pra-2007
provision_ref: s70
chapter: PART 7 - MISCELLANEOUS
section: 70
title: Exemption in respect of pharmacy training
content:
70. Nothing in this Act prevents the doing of any act within the practice of pharmacy by any person if the act is carried out — ( a ) in the course of the person’s training; ( b ) under the supervision of a pharmacist registered under section 16(1); and ( c ) in an establishment approved by the Council for the purpose of section 16(1)( b ) or 17(3)( a ).


document_id: pra-2007
provision_ref: s71
chapter: PART 7 - MISCELLANEOUS
section: 71
title: General exemption
content:
71. The Minister may, after consultation with the Council, by order in the Gazette and subject to any conditions that the Minister may impose, exempt any person or class of persons from all or any of the provisions of this Act.


document_id: pra-2007
provision_ref: s72
chapter: PART 7 - MISCELLANEOUS
section: 72
title: Service of documents
content:
72. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document permitted or required by or under this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified) the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or ( e ) by sending it by email to the individual’s last email address. (3) A document permitted or required by or under this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer, or an authorised representative, of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or ( c ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect — ( a ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent. (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership; “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a direction, an order or a notice permitted or required by or under this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 19 of 2025 wef 05/12/2025]


document_id: pra-2007
provision_ref: s73
chapter: PART 7 - MISCELLANEOUS
section: 73
title: Amendment of Schedule
content:
73. The Minister may, after consultation with the Council, by order in the Gazette , amend the Schedule.


document_id: pra-2007
provision_ref: s74
chapter: PART 7 - MISCELLANEOUS
section: 74
title: Regulations
content:
74. —(1) Subject to the provisions of this Act, the Council may, with the approval of the Minister, make regulations which are necessary or expedient to give effect to the provisions and purposes of this Act and the due administration of this Act. (2) Without limiting subsection (1), regulations may be made to — ( a ) provide for the duties of the Registrar; ( b ) regulate the registration of pharmacists and specialists; ( c ) regulate the certification of specialists; ( d ) provide for the form of the appropriate register and the mode in which it must be kept; ( e ) regulate the grant and renewal of practising certificates; ( f ) regulate the procedure and the conduct of proceedings of a Complaints Committee, a Disciplinary Committee, the Health Committee, and Interim Orders Committee or any committee appointed by the Council under this Act; ( g ) regulate the professional practice, etiquette, conduct and discipline of registered pharmacists and specialists; ( h ) regulate the removal and restoration of names in an appropriate register; ( i ) prescribe the forms necessary for the administration of this Act; ( j ) prescribe the fees and other charges for the purposes of this Act; ( k ) provide for the duties, functions and payment of the legal assessor and medical assessor appointed under section 66; ( l ) provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( m ) prescribe any other matters necessary or expedient for carrying out the provisions of this Act.


document_id: pra-2007
provision_ref: s75
chapter: PART 7 - MISCELLANEOUS
section: 75
title: Saving and transitional provisions
content:
75. —(1) To avoid doubt, sections 26, 48 and 52 of this Act also apply to any person whose name was removed from the register kept under the repealed Act. (2) Any certificate of registration issued under section 8(7) of the repealed Act, if still in force immediately before 1 September 2008, is deemed as from that date to be a certificate of registration issued under section 22 of this Act and is subject to the provisions of this Act. (3) This Act does not affect the continued operation or force of any finding or order following every disciplinary proceeding, inquiry or investigation commenced or pending under the repealed Act before 1 September 2008. (4) Any written law or document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act. (5) Any reference in any written law or document to the Pharmacy Board is to be read as a reference to the Singapore Pharmacy Council. (6) Any subsidiary legislation made under the repealed Act and in force immediately before 1 September 2008, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked or repealed. (7) In this section — “Pharmacy Board” means the Pharmacy Board established under section 3 of the repealed Act; “repealed Act” means the Pharmacists Registration Act (Cap. 230, 1985 Revised Edition) repealed by this Act.


document_id: prea-1991
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “access”, in relation to any content, means to encounter, read, view, hear or otherwise experience the content, and includes — ( a ) access that is subject to a precondition, such as the use of a password; ( b ) access by way of push technology; ( c ) access by way of a standing request; and ( d ) access for a limited period of time only; [Act 9 of 2023 wef 01/06/2023] “ballot box” includes a ballot container; “ballot display” means an electronic video display, image or representation of a ballot paper on a screen; “banner” means any continuous piece of fabric or other flexible material, or one or more pieces of fabric or other flexible material joined into a continuous piece — ( a ) on which content is printed, written, drawn or depicted in such a way as to be fully legible in windless conditions; and ( b ) that is attached (by rope, wire or otherwise) to any building or structure or to any pole or flagstaff projecting vertically, horizontally or at an angle, but not a banner carried during a procession; [Act 9 of 2023 wef 01/06/2023] “billboard” means any of the following: ( a ) a hoarding, signboard or free-standing advertising structure on which content is printed, written, drawn, affixed or depicted in such a way as to be fully legible; ( b ) a sign or panel which — (i) has an electronically controlled or a digitally controlled (or both) illuminated display surface; and (ii) allows for different content to be shown, changed, animated or illuminated in different ways and at different intervals on that sign or panel; ( c ) a wall, ceiling or other like substantially flat and fixed surface, on which content is painted, written, drawn or depicted in such a way as to be fully legible; ( d ) a blimp, a gas-inflated balloon or other like object which is attached or anchored to the ground and upon which content is displayed, but not a poster, placard, picture, photograph or balloon carried during a procession; Examples ( a ) A sky sign on or above the roof, parapet or eaves of a building. ( b ) An animated billboard. ( c ) A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service. [Act 9 of 2023 wef 01/06/2023] “by electronic means” means by using an electronic service; [Act 9 of 2023 wef 01/06/2023] “candidate” means a person who is nominated as a candidate for election to the office of President; “certificate of eligibility” means a certificate of eligibility issued under Division 2 of Part 2; “Commissioner of National Registration” means the Commissioner of National Registration appointed under the National Registration Act 1965; “community” means — ( a ) the Chinese community; ( b ) the Malay community; or ( c ) the Indian or other minority communities; “community certificate” means a community certificate issued by the Community Committee under Division 3 of Part 2; “Community Committee” means the Community Committee established by section 8E; “content” means information or material — ( a ) whether in the form of text; ( b ) whether in the form of speech, music or other sounds; ( c ) whether in the form of colours or visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction); ( d ) whether in any other form; or ( e ) whether in any combination of forms; [Act 9 of 2023 wef 01/06/2023] “conveyance” means any aircraft, train, vehicle, vessel or other mode of transport, whether of passengers or goods or both; [Act 9 of 2023 wef 01/06/2023] “direct recording electronic voting machine” or “DRE voting machine” means any mechanical, electronic or electro‑optical machine that can — ( a ) be activated by a voter to mark or record his or her vote for any candidate on a ballot display on the machine; ( b ) process the vote by means of a computer program; ( c ) instantaneously record and store that vote within a memory device within the machine; and ( d ) sort and count votes marked or recorded on all ballot displays on that machine, and includes any computer program that is used in the operation of the machine; “direct recording electronic voting system” or “DRE voting system” means any voting system using DRE voting machines; “election” means an election for the purpose of electing the President; “election advertising” means any information or material that can reasonably be regarded as intended — ( a ) to promote or procure the electoral success of a candidate at an election; or ( b ) to otherwise enhance the standing of the candidate with the electorate in connection with that election, and such information or material is election advertising even though it can reasonably be regarded as intended to achieve any other purpose as well and even though it does not expressly mention the name of the candidate; [Act 9 of 2023 wef 01/06/2023] “election advertising regulations” means regulations made under section 42Q; [Act 9 of 2023 wef 01/06/2023] “election agent” means a person named under section 43 by or on behalf of a candidate as his or her agent for an election and includes any candidate acting in his or her capacity of election agent; “Election Judge” has the meaning given by the Constitution; “election meeting” has the meaning given by section 62A(4); [Act 9 of 2023 wef 01/06/2023] “elector” means a person whose name is entered in the register as an elector; “electoral division” means an electoral division specified in a notification for the time being in force under section 8 of the Parliamentary Elections Act 1954; “electronic service” means — ( a ) a service that allows end‑users of the service to access content using a broadcasting service or telecommunication service for carrying messages or other content (whether between persons and persons, things and things or persons and things); or ( b ) a service that delivers content to persons having equipment appropriate for receiving that content, where the delivery of the service is by a broadcasting service or telecommunication service described in paragraph ( a ), and includes a social media service (as defined in section 42R(1)); [Act 9 of 2023 wef 01/06/2023] “end-user”, in relation to an electronic service, means a person that, and whether or not in the course of business — ( a ) has access to content or something which contains content, by means of the electronic service; or ( b ) communicates content, or something which contains content, by means of the electronic service; [Act 9 of 2023 wef 01/06/2023] “entity” means — ( a ) a body corporate (including a limited liability partnership); ( b ) an unincorporated association; ( c ) a partnership; ( d ) a body politic; ( e ) a body of individuals who together form a body; or ( f ) a person other than an individual; [Act 9 of 2023 wef 01/06/2023] “flag” means a continuous piece of fabric or other flexible material, or one or more pieces of fabric or other flexible material joined into a continuous piece — ( a ) on which content is printed, written, drawn or depicted in such a way as to be normally not legible in windless conditions; and ( b ) that is attached (by rope, wire or otherwise) to a pole or flagstaff projecting vertically, horizontally or at an angle, and includes a flag, bunting, ribbon or streamer of any colour or colours but not a flag, bunting or streamer carried during a procession; [Act 9 of 2023 wef 01/06/2023] “foreign entity” means an entity that — ( a ) is constituted or organised under a law of a foreign country, even if registered under any written law; or ( b ) has its principal place of business in a foreign country, even if incorporated under any written law; [Act 9 of 2023 wef 01/06/2023] “foreigner” means an individual who is not a citizen of Singapore; [Act 9 of 2023 wef 01/06/2023] “grounds” means land in Singapore that has a boundary fence or another structure or feature to mark the boundary of the land; [Act 9 of 2023 wef 01/06/2023] “non-online election advertising” means election advertising that is not online election advertising; [Act 9 of 2023 wef 01/06/2023] “nursing home” means any premises that are — ( a ) licensed as a private hospital under the Private Hospitals and Medical Clinics Act 1980; and ( b ) used or intended to be used for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity; [Act 9 of 2023 wef 01/06/2023] “official sign” means a poster, banner or other notice for an election prepared by, or with the authority of, the Returning Officer as required by or for the purposes of this Act; [Act 9 of 2023 wef 01/06/2023] “online election advertising” means election advertising that is published in any way that renders the election advertising accessible from the Internet; [Act 9 of 2023 wef 01/06/2023] “online location” means any website, webpage, chatroom or forum, or any other similar thing in electronic or digital form that is accessible from the Internet; [Act 9 of 2023 wef 01/06/2023] “ordinary polling station” means a polling station established in Singapore under section 18(1); [Act 9 of 2023 wef 01/06/2023] “overseas elector” means an elector who is registered under the Parliamentary Elections Act 1954 in any register of electors as an overseas elector; “overseas polling station” has the meaning given by the Parliamentary Elections Act 1954; “political donation certificate” means a political donation certificate issued under section 63(3) of the Foreign Interference (Countermeasures) Act 2021 in respect of an election; [Act 28 of 2021 wef 29/12/2023] “polling district” means a part of an electoral division subdivided under section 9 of the Parliamentary Elections Act 1954; “polling station” means — ( a ) an ordinary polling station; ( b ) a special polling station; or ( c ) an overseas polling station; [Act 9 of 2023 wef 01/06/2023] “postal voting papers” means — ( a ) a ballot paper designed and intended to be used exclusively for the postal voting method (called in this Act a postal ballot paper); and ( b ) an envelope designed and intended to be used exclusively to contain a postal ballot paper (called in this Act a return envelope); [Act 9 of 2023 wef 01/06/2023] “postal voting period”, for an election, means the period — ( a ) starting the day immediately after the day of nomination at the election; and ( b ) ending (and including) the eve of polling day in Singapore at the election; [Act 9 of 2023 wef 01/06/2023] “poster” means any of the following: ( a ) any paper, plastic, corflute or other inflexible material on which content is printed, written, drawn or depicted in such a way as to be fully legible; ( b ) any text, any colours or visual images (animated or otherwise) or any pictorial or graphic form, which is projected on to any external surface of a building or structure by light or any other means; ( c ) any billboard, but not a placard carried during a procession; [Act 9 of 2023 wef 01/06/2023] “Presidential Elections Committee” means the Presidential Elections Committee established under Article 18 of the Constitution; “principal election agent” means an election agent of a candidate who has been appointed under section 43(2A) or treated to have been appointed under section 43(2B) or (2C) as the principal election agent; [Act 9 of 2023 wef 01/06/2023] “public place” means — ( a ) any place in Singapore (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, and whether or not access to the place may be restricted at particular times or for particular purposes; or ( b ) a part of a place in Singapore that the occupier of the place allows members of the public to enter, but 


document_id: prea-1991
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of Returning Officer and Assistant Returning Officers
content:
3. —(1) The Minister may appoint a Returning Officer and any number of Assistant Returning Officers as the Minister thinks fit. (2) An Assistant Returning Officer has all the powers and may perform all the duties of the Returning Officer. (3) Any reference in this Act to the Returning Officer is deemed, unless the context otherwise requires, to include a reference to an Assistant Returning Officer. (4) An appointment made by the Minister under this section may be revoked by the Minister at any time.


document_id: prea-1991
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Appointment of clerks and interpreters
content:
4. —(1) The Returning Officer may appoint any number of clerks and interpreters that may be necessary for the purposes of this Act. (2) The appointments made under subsection (1) may be revoked at any time.


document_id: prea-1991
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Appointment of acting Returning Officer
content:
5. If the Returning Officer is, by sickness or other cause, prevented or disabled from performing any of his or her duties under this Act and there is no time for any other person to be appointed by the Minister, the Returning Officer may appoint one of the Assistant Returning Officers to act for him or her.


document_id: prea-1991
provision_ref: s5A
chapter: PART 1A - COUNTING OF RESERVED ELECTIONS AND
section: 5A
title: Reserved elections: how counted
content:
5A. —(1) The Schedule has effect for the purposes of determining whether an election is reserved under Article 19B(1) of the Constitution. [6/2017] (2) After the Returning Officer declares a person to be elected as President, the Returning Officer must add the person, and the community (if any) the person belongs to, to the Schedule. [6/2017] (3) For the purposes of subsection (2) — ( a ) if a community certificate was issued to the person, the person is considered to belong to the community stated on the community certificate; and ( b ) if no community certificate was issued to the person, the person is considered not to belong to the Chinese community, the Malay community or the Indian or other minority communities. [6/2017] (4) If a person has been added to the Schedule and the Election Judge subsequently declares that the person’s election is void or that the return of the person is undue, the Returning Officer must remove the entry in the Schedule relating to the election affected by the declaration. [6/2017] (5) An amendment to the Schedule under subsection (2) or (4) must be made by notification in the Gazette . [6/2017]


document_id: prea-1991
provision_ref: s5B
chapter: PART 1A - COUNTING OF RESERVED ELECTIONS AND
section: 5B
title: Further provisions on community requirement
content:
5B. —(1) If an election under a writ is reserved for one community under Article 19B(1) of the Constitution and the election wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President. [6/2017] (2) The following provisions apply if an election under a writ is reserved for 2 communities under Article 19B(1) of the Constitution: ( a ) Article 19B(2)( b )(i) of the Constitution applies to that election; ( b ) if that election wholly fails, Article 19B(2)( b )(ii) of the Constitution applies to the election under the next writ; ( c ) if the election under the next writ wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President. [6/2017] (3) The following provisions apply if an election under a writ is reserved for 3 communities under Article 19B(1) of the Constitution: ( a ) Article 19B(2)( c )(i) of the Constitution applies to that election; ( b ) if that election wholly fails, Article 19B(2)( c )(ii) of the Constitution applies to the election under the next writ; ( c ) if the election under the next writ wholly fails, Article 19B(2)( c )(iii) of the Constitution applies to the election under the third writ; ( d ) if the election under the third writ wholly fails, elections under all subsequent writs are to be open elections until a person is elected as President. [6/2017] (4) Despite Article 19B(2) of the Constitution, a person does not need to belong to any community to be elected as President in an open election under subsection (1), (2)( c ) or (3)( d ). [6/2017] (5) For the purposes of this section, an election under a writ is deemed to have wholly failed only if no person stands or will stand nominated as a candidate on nomination day. [6/2017]


document_id: prea-1991
provision_ref: s5C
chapter: PART 1A - COUNTING OF RESERVED ELECTIONS AND
section: 5C
title: Further provisions on private sector service requirement
content:
5C. —(1) The Minister may make regulations to — ( a ) specify how the Presidential Elections Committee is to calculate and determine shareholders’ equity for the purposes of Article 19(4)( a )(ii) and ( b )(ii) and (5)( a )(ii), ( b )(ii) and ( c )(ii) of the Constitution; ( b ) specify how the Presidential Elections Committee is to calculate and determine profit after tax for the purposes of Article 19(4)( a )(iii) of the Constitution; ( c ) prescribe what constitutes an insolvency event for the purposes of Article 19(4)( a )(iv) of the Constitution; and ( d ) prescribe the information to be provided by an applicant in relation to paragraphs ( a ), ( b ) and ( c ). [6/2017] (2) In making regulations under subsection (1)( a ) or ( b ), the Minister must have regard to, to the extent that they are applicable — ( a ) the accounting standards made or formulated under Part 3 of the Accounting Standards Act 2007 by the Accounting Standards Committee appointed under that Act; and [Act 36 of 2022 wef 01/04/2023] ( b ) the accounting standards generally accepted in Singapore before 1 November 2007. [6/2017] (3) In making regulations under subsection (1)( c ), the Minister must have regard to the general law relating to the insolvency of companies. [6/2017]


document_id: prea-1991
provision_ref: s6
chapter: PART 2 - ELECTIONS
section: 6
title: Timing of poll and writ of election
content:
6. —(1) Any poll for the election of the President must be conducted as follows: ( a ) where the office of the President becomes vacant prior to the expiration of the term of office of the incumbent, within 6 months after the date the office of President becomes vacant; ( b ) in any other case, not more than 3 months before the date of expiration of the term of office of the incumbent. (2) For the purposes of every election to the office of President, the Prime Minister must issue a writ under the public seal, addressed to the Returning Officer. (3) Every such writ must be in the prescribed form and must specify the date or dates (called in this Act nomination day) not being less than 10 days nor more than one month after the date of the writ and the place or places of nomination (called in this Act the place of nomination). [6/2017] (4) Upon receipt of the writ, the Returning Officer must proceed to hold the election in the manner provided in this Act.


document_id: prea-1991
provision_ref: s7
chapter: PART 2 - ELECTIONS
section: 7
title: Notice of time and place of election
content:
7. On the Prime Minister issuing a writ, the Returning Officer must give notice of the issue of the writ and of the day, time and place of the nomination of candidates by causing a notice in the prescribed form to be published in the Gazette at least 4 clear days before nomination day.


document_id: prea-1991
provision_ref: s7A
chapter: PART 2 - ELECTIONS
section: 7A
title: Failure of election
content:
7A. —(1) Whenever an election wholly fails, a fresh writ may be issued by the Prime Minister at any time for the holding of another election, except that where the election has failed because of the death of a candidate after the election has been reported as contested but before polling day, then section 16(7) and (8) applies. (2) The original writ for an election that has wholly failed and everything done in connection with the election because of that writ have no effect. (3) Where a fresh writ is issued under subsection (1), sections 6 and 7 apply to that writ. (4) For the purposes of this Act, an election shall have wholly failed if no candidate is nominated or returned as elected at that election. Division 2 &#x2014; Presidential Elections Committee
and Certificate of Eligibility


document_id: prea-1991
provision_ref: s8
chapter: PART 2 - ELECTIONS
section: 8
title: Application for certificate of eligibility
content:
8. —(1) A person desiring to be elected as President must apply in the prescribed manner to the Presidential Elections Committee for a certificate of eligibility. [6/2017] (2) An application for a certificate of eligibility must be made within the period — ( a ) starting on — (i) if the office of President falls vacant before the incumbent’s term expires, the date on which the office of President fell vacant; or (ii) in any other case, the date that is 3 months before the expiry of the incumbent’s term; and ( b ) ending on the date which is 5 days after the date of the writ. [6/2017] (3) If an application for a certificate of eligibility is made by a person who is below 45 years of age as at nomination day or, if there is more than one nomination day, the latest of those days — ( a ) the Presidential Elections Committee is not required to consider the application; and ( b ) the application is deemed to be withdrawn. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s8A
chapter: PART 2 - ELECTIONS
section: 8A
title: Consideration of application
content:
8A. —(1) Subject to subsection (2), the Presidential Elections Committee must issue a certificate of eligibility in the prescribed form to an applicant if the Committee is satisfied that — ( a ) the applicant is a person of integrity, good character and reputation for the purposes of Article 19(2)( e ) of the Constitution; and ( b ) the applicant has met the service requirements in Article 19(2)( g ) of the Constitution. [6/2017] (2) The Presidential Elections Committee — ( a ) may, subject to paragraph ( b ), reject an application if it is not made according to this Act; and ( b ) must reject an application if the applicant did not submit a community declaration in accordance with Division 3. [6/2017] (3) To avoid doubt, subsection (2)( b ) includes a case in a reserved election where the applicant does not state in his or her community declaration that he or she considers himself or herself to be a member of the community to which the election is reserved. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s8B
chapter: PART 2 - ELECTIONS
section: 8B
title: Time for deciding application
content:
8B. The Presidential Elections Committee must issue a certificate of eligibility to an applicant, or inform an applicant in writing of its decision not to issue a certificate of eligibility, no later than the day before nomination day. [6/2017]


document_id: prea-1991
provision_ref: s8C
chapter: PART 2 - ELECTIONS
section: 8C
title: Certificate to be conclusive
content:
8C. A certificate of eligibility is conclusive of the matters it certifies and is not subject to appeal or review in any court. [6/2017]


document_id: prea-1991
provision_ref: s8D
chapter: PART 2 - ELECTIONS
section: 8D
title: Immunity of Presidential Elections Committee
content:
8D. —(1) The Presidential Elections Committee is not, in the absence of malice on its part, liable to any action at the suit of any person in respect of — ( a ) any statement which the Committee makes in the discharge of any of its functions under this Act, whether the statement is made orally or in writing; or ( b ) the publication of any document prepared by the Committee in the course of performing its functions under this Act. [6/2017] (2) Subsection (1) does not limit or affect any other right, privilege or immunity that the Presidential Elections Committee has, apart from this section, as a defendant in any action. [6/2017] Division 3 &#x2014; Community Committee
and Community Certificate


document_id: prea-1991
provision_ref: s8E
chapter: PART 2 - ELECTIONS
section: 8E
title: Establishment of Community Committee and Sub-Committees
content:
8E. —(1) For the purposes of Article 19B of the Constitution, the Community Committee is established and consists of the following 16 persons: ( a ) the chairperson; ( b ) 5 members belonging to the Chinese community; ( c ) 5 members belonging to the Malay community; ( d ) 5 members belonging to the Indian or other minority communities. [6/2017] (2) The chairperson is to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights. [6/2017] (3) The 5 members who belong to the Chinese community — ( a ) are to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights after consulting such organisations of the Chinese community as the Council sees fit; and ( b ) constitute the Chinese Community Sub‑Committee. [6/2017] (4) The 5 members who belong to the Malay community — ( a ) are to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights after consulting such organisations of the Malay community as the Council sees fit; and ( b ) constitute the Malay Community Sub‑Committee. [6/2017] (5) The 5 members who belong to the Indian or other minority communities — ( a ) are to be appointed by the Prime Minister on the nomination of the Presidential Council for Minority Rights after consulting such organisations of the Indian or other minority communities as the Council sees fit; and ( b ) constitute the Indian and Other Minority Communities Sub‑Committee. [6/2017] (6) One member of each Sub‑Committee is to be appointed as the chairperson of the Sub‑Committee and the appointment must be made by the Prime Minister on the nomination of the Presidential Council for Minority Rights. [6/2017]


document_id: prea-1991
provision_ref: s8F
chapter: PART 2 - ELECTIONS
section: 8F
title: Submission of community declaration
content:
8F. —(1) A person desiring to be elected as President must submit a community declaration in the prescribed form to the Community Committee. [6/2017] (2) A person making a community declaration must make one (and only one) of the following statements: ( a ) that the person considers himself or herself to be a member of the Chinese community, and wishes to apply for a community certificate stating that the person belongs to the Chinese community; ( b ) that the person considers himself or herself to be a member of the Malay community, and wishes to apply for a community certificate stating that the person belongs to the Malay community; ( c ) that the person considers himself or herself to be a member of the Indian or other minority communities, and wishes to apply for a community certificate stating that the person belongs to the Indian or other minority communities; ( d ) that the person does not consider himself or herself to be a member of the Chinese community, the Malay community, or the Indian or other minority communities. [6/2017] (3) A community declaration must be submitted within the period — ( a ) starting on — (i) if the office of President falls vacant before the incumbent’s term expires, the date on which the office of President fell vacant; or (ii) in any other case, the date that is 3 months before the expiry of the incumbent’s term; and ( b ) ending on the date which is 5 days after the date of the writ. [6/2017]


document_id: prea-1991
provision_ref: s8G
chapter: PART 2 - ELECTIONS
section: 8G
title: Consideration of community declaration in reserved elections
content:
8G. —(1) This section applies to a reserved election. [6/2017] (2) The Community Committee must accept a community declaration submitted to the Committee, subject to the following provisions: ( a ) subject to paragraph ( b ), the Community Committee may reject a community declaration if it is not made according to this Act; ( b ) the Community Committee must reject a community declaration if — (i) the declarant did not apply for a certificate of eligibility; or (ii) the declarant does not state that he or she considers himself or herself to be a member of the community to which the election is reserved. [6/2017] [Act 9 of 2023 wef 01/06/2023] (3) If the Community Committee accepts a community declaration, the Committee must then refer the community declaration to the Sub‑Committee for the community to which the election is reserved. [6/2017] (4) In a case referred to a Sub‑Committee for a community under subsection (3) — ( a ) the Sub-Committee must consider whether the declarant belongs to that community and report its conclusions to the Community Committee; ( b ) the Sub-Committee must be guided by the merits of the case without regard to legal forms and technicalities, or to whether the evidence before it is in accordance with the law of evidence or not; ( c ) if the Sub-Committee concludes that the declarant belongs to that community, the Community Committee must issue a community certificate to the declarant stating that the declarant belongs to that community; and ( d ) if the Sub-Committee concludes that the declarant does not belong to that community, the Community Committee must reject the declarant’s application for a community certificate and inform the declarant in writing. [6/2017]


document_id: prea-1991
provision_ref: s8H
chapter: PART 2 - ELECTIONS
section: 8H
title: Consideration of community declaration in non‑reserved elections
content:
8H. —(1) This section applies to an election other than a reserved election. [6/2017] (2) The Community Committee must accept a community declaration submitted to the Committee, subject to the following provisions: ( a ) subject to paragraphs ( b ) and ( c ), the Community Committee may reject a community declaration if it is not made according to this Act; ( b ) subject to paragraph ( c ), if the declarant states that he or she does not consider himself or herself to be a member of the Chinese community, the Malay community or the Indian or other minority communities, the Community Committee may, instead of accepting the community declaration, invite the declarant to submit another community declaration; ( c ) the Community Committee must reject a community declaration if the declarant did not apply for a certificate of eligibility. [6/2017] [Act 9 of 2023 wef 01/06/2023] (3) If the Community Committee accepts a community declaration by a declarant who wishes to apply for a community certificate in relation to a community, the Community Committee must refer the community declaration to the Sub‑Committee for that community. [6/2017] (4) In a case referred to a Sub-Committee for a community under subsection (3) — ( a ) the Sub-Committee must consider whether the declarant belongs to that community and report its conclusions to the Community Committee; ( b ) the Sub-Committee must be guided by the merits of the case without regard to legal forms and technicalities, or to whether the evidence before it is in accordance with the law of evidence or not; ( c ) if the Sub-Committee concludes that the declarant belongs to that community, the Community Committee must issue a community certificate to the declarant stating that the declarant belongs to that community; and ( d ) if the Sub-Committee concludes that the declarant does not belong to that community, the Community Committee must — (i) reject the declarant’s application in writing; or (ii) invite the declarant to submit another community declaration. [6/2017] (5) In considering whether to invite a person to submit another community declaration under subsection (2)( b ) or (4)( d )(ii), the Community Committee must be guided by the merits of the case without regard to legal forms and technicalities, or to whether the evidence before it is in accordance with the law of evidence or not. [6/2017] (6) If the Community Committee invites a person to submit another community declaration under subsection (2)( b ) or (4)( d )(ii), the Community Committee — ( a ) must specify the time within which the person must submit the fresh community declaration, which must be no later than 3 days before nomination day; ( b ) may require the person to provide such information as may be specified; and ( c ) may specify such other terms that the person must comply with. [6/2017] (7) If a person submits another community declaration on an invitation under subsection (2)( b ) or (4)( d )(ii) — ( a ) the person is deemed to have withdrawn his or her earlier community declaration; ( b ) the Community Committee may decline to accept the later community declaration if it does not comply with the terms of the invitation; and ( c ) the later community declaration must be dealt with according to subsections (2), (3) and (4) (so far as they are applicable), except that the Community Committee may not invite the person again to submit another community declaration. [6/2017] (8) If a person declines to submit another community declaration despite an invitation under subsection (2)( b ) or (4)( d )(ii) — ( a ) if the invitation is made under subsection (2)( b ), the Community Committee must accept the community declaration earlier submitted by the person; and ( b ) if the invitation is made under subsection (4)( d )(ii), the Community Committee must reject the person’s application for a community certificate. [6/2017] (9) To avoid doubt, a person may not submit another community declaration except on the invitation of the Community Committee under subsection (2)( b ) or (4)( d )(ii). [6/2017]


document_id: prea-1991
provision_ref: s8I
chapter: PART 2 - ELECTIONS
section: 8I
title: Time for issuing community certificate, etc.
content:
8I. The Community Committee must, no later than the day before nomination day, do one of the following things in respect of a community declaration: ( a ) inform the declarant that the community declaration is not accepted; ( b ) if the community declaration is accepted and includes an application for a community certificate — (i) issue a community certificate to the declarant; or (ii) inform the declarant in writing that it has rejected the application; ( c ) if the community declaration is accepted and does not include an application for a community certificate, notify the declarant in writing of the acceptance. [6/2017]


document_id: prea-1991
provision_ref: s8J
chapter: PART 2 - ELECTIONS
section: 8J
title: Decision to be final; certificate to be conclusive
content:
8J. —(1) The decisions (however named) of the Community Committee and its Sub‑Committees in relation to a community declaration are final and are not subject to appeal or review in any court. [6/2017] (2) A community certificate is conclusive of the matters it certifies and is not subject to appeal or review in any court. [6/2017]


document_id: prea-1991
provision_ref: s8K
chapter: PART 2 - ELECTIONS
section: 8K
title: Immunity of Community Committee and Sub-Committees
content:
8K. —(1) The Community Committee is not, in the absence of malice on its part, liable to any action at the suit of any person in respect of — ( a ) any statement which the Committee makes in the discharge of any of its functions under this Act, whether the statement is made orally or in writing; or ( b ) the publication of any document prepared by the Committee in the course of performing its functions under this Act. [6/2017] (2) Subsection (1) does not limit or affect any other right, privilege or immunity that the Community Committee has, apart from this section, as a defendant in any action. [6/2017] (3) Subsections (1) and (2) apply to a Sub-Committee. [6/2017]


document_id: prea-1991
provision_ref: s8L
chapter: PART 2 - ELECTIONS
section: 8L
title: Procedure of Community Committee and Sub-Committees
content:
8L. —(1) A decision of the Community Committee must be made by a simple majority of the members present and voting, except that in the case of an equality of votes, the chairperson or the member presiding has a casting vote in addition to his or her original vote. [6/2017] (2) The Community Committee may act despite the absence of any member. [6/2017] (3) Subject to this section, the Community Committee may regulate its own procedure. [6/2017] (4) The validity of any proceedings of the Community Committee is not affected by any defect in the appointment of any member of the Committee. [6/2017] (5) Regulations may be made under section 81 to provide for regulating and facilitating the performance by the Community Committee of its functions under this Act. [6/2017] (6) Subsections (1) to (5) apply, with the necessary modifications, to a Sub‑Committee. [6/2017] Division 4 &#x2014; Nomination Proceedings [6/2017]


document_id: prea-1991
provision_ref: s9
chapter: PART 2 - ELECTIONS
section: 9
title: Nomination papers
content:
9. —(1) Any person eligible for election to the office of President in accordance with the provisions of the Constitution may be nominated as a candidate for election to the office of President. (2) Each candidate is to be nominated by means of a nomination paper signed by 2 persons as proposer and seconder, respectively, and by not less than 4 other persons all of whose names must appear in any register of electors. (3) Every nomination paper must — ( a ) set out the full name (as stated in the identity card of the person), identity card number and occupation of the person seeking nomination; [Act 9 of 2023 wef 01/06/2023] ( b ) contain a statement, signed by that person, to the effect that he or she consents to the nomination; and ( c ) contain a statutory declaration in the prescribed form by the person seeking nomination stating — (i) that he or she is qualified to be elected to the office of President; (ii) that on nomination day he or she is not a member of any political party; and (iii) that he or she understands the President’s role under the Constitution, including any particular aspect of the President’s role stated in the prescribed form. [6/2017] (4) Each candidate must at the time of his or her nomination deliver to the Returning Officer — ( a ) a political donation certificate issued to him or her in respect of that election; [Act 28 of 2021 wef 29/12/2023] ( b ) a certificate of eligibility issued to the candidate; ( c ) if the election is a reserved election, a community certificate stating that the candidate belongs to the community to which the election is reserved; and ( d ) if the election is not a reserved election — (i) if the candidate submitted a community declaration that included an application for a community certificate — (A) a community certificate issued to the candidate; or (B) the written decision of the Community Committee rejecting the application; or (ii) if the candidate submitted a community declaration that did not include an application for a community certificate — (A) the Community Committee’s written notification that the community declaration is accepted; and (B) a statutory declaration that the candidate does not consider himself or herself to be a member of the Chinese community, the Malay community or the Indian or other minority communities. [6/2017] (5) If any statutory declaration which is required by subsection (3)( c ) to be made is not so made, or any certificate or document which is required to be delivered under subsection (4) is not so delivered, the nomination of the candidate is deemed to be void. [6/2017] (6) The Returning Officer may, at any time between the date of the notice referred to in section 7 and 12 noon of nomination day, supply a form of nomination paper to any registered elector requiring the form.


document_id: prea-1991
provision_ref: s10
chapter: PART 2 - ELECTIONS
section: 10
title: Deposits by candidates
content:
10. —(1) A candidate, or some person on the candidate’s behalf, must deposit or cause to be deposited with the Returning Officer, or with some person authorised by the Returning Officer in that behalf, between the date of the issue of the writ under section 6 and 12 noon of nomination day, a sum equal to 3 times the amount of deposit referred to in section 28(1) of the Parliamentary Elections Act 1954. (1A) In default of a deposit under this section being so made, the candidate is deemed to have withdrawn his or her candidature under section 13. (2) The Returning Officer must immediately give a receipt for any sum deposited under this section and must pay that sum into the Treasury and that sum must be dealt with in accordance with the provisions of this Act. (2A) After a writ of election is issued and before the end of nomination proceedings under the writ, the Returning Officer must publish and maintain, on an Internet website accessible to the general public, a list of every candidate who has — ( a ) deposited the sum required by this section; and ( b ) consented to having his or her name so published. [Act 34 of 2024 wef 22/01/2025] (3) The deposit of the sum required under subsection (1) must be made through an electronic fund transfer system designated by the Returning Officer for that purpose, or by a bank draft or a certified cheque, or in any other form or manner as the Returning Officer allows. [Act 9 of 2023 wef 01/06/2023] (4) If a candidate is not nominated as a candidate for election, an election has wholly failed or if, after the deposit under this section is made, the candidate withdraws his or her candidature under section 13, the deposit must be returned to the person by whom the deposit was made. (4A) If the candidate dies after the deposit is made and before the poll has commenced, the deposit, if made by the candidate, must be returned to the candidate’s legal personal representative or, if not made by the candidate, must be returned to the person by whom the deposit was made. (5) If a candidate who has made the required deposit is not elected and the number of votes polled by the candidate does not exceed one‑eighth of the total number of votes polled, the amount deposited is forfeited and must be paid into the Consolidated Fund. (5A) In any other case, the amount so deposited must be returned to the candidate — ( a ) where the candidate is elected, as soon as the candidate has taken the oath or made affirmation as President; and ( b ) where the candidate is not elected, as soon as practicable after the result of the election is declared. (6) For the purposes of this section — ( a ) the number of votes polled is deemed to be the number of votes counted other than rejected votes; and ( b ) “certified cheque” means a cheque which is certified by the drawee bank as good for payment of the sum stated in the cheque. (7) The Returning Officer must, on giving notice under section 7 of the issue of a writ, specify in the notice the amount to be deposited under subsection (1).


document_id: prea-1991
provision_ref: s11
chapter: PART 2 - ELECTIONS
section: 11
title: Proceedings on nomination day
content:
11. —(1) The Returning Officer must, on nomination day, attend at the place of nomination from 11 a.m. until 12 noon to receive nominations papers and political donation certificates and certificates issued under section 8 (called in this Act nomination papers). [Act 28 of 2021 wef 29/12/2023] (2) Every such nomination paper and certificate must be delivered to the Returning Officer, in duplicate and in person, by the person seeking nomination accompanied by his or her proposer, seconder and at least 4 assentors, at the place of nomination between 11 a.m. and 12 noon (both times inclusive) on nomination day, and if not so delivered, must be rejected. (3) The Returning Officer must immediately cause a copy of the nomination papers to be posted in a conspicuous position outside the place of nomination. (4) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] (5) Before 12.30 p.m. on nomination day at an election, any candidate may, by writing under his or her hand, indicate to the Returning Officer which of his or her names mentioned in the nomination paper the candidate desires should be omitted and which should be specified by initial only. (6) For the purposes of the election the names which the candidate desires to omit may be omitted and an initial may be used in place of those names which the candidate desires should be specified by initial.


document_id: prea-1991
provision_ref: s11A
chapter: PART 2 - ELECTIONS
section: 11A
title: Amendment of nomination papers
content:
11A. —(1) Subject to subsection (3), where the Returning Officer detects in any nomination paper — ( a ) an error or omission, or what appears to be an error or omission, which may amount to a ground for rejecting the nomination paper or allowing an objection to the nomination paper; or ( b ) anything which may affect the validity of the nomination paper and the Returning Officer considers that it can be corrected before 12 noon on nomination day, the Returning Officer may, before making his or her decision under section 11 or 12, give the candidate or person seeking nomination (as the case may be) a reasonable opportunity to correct the error or omission before 12 noon on nomination day. (2) Subject to subsection (3), where any error or omission in a person’s nomination paper is brought to the attention of the candidate or person seeking nomination (whether by the Returning Officer under subsection (1) or following an objection made under section 12), the candidate or person seeking nomination (as the case may be) may, at any time before 12 noon on nomination day but no later, take such action as may be necessary to correct the error or omission in his or her nomination paper. (3) Nothing in subsection (1) or (2) authorises any candidate or person seeking nomination to substitute a different person — ( a ) as a candidate for election; or ( b ) as proposer, seconder or assentor. (4) In this section, “error” has the meaning given by section 82.


document_id: prea-1991
provision_ref: s12
chapter: PART 2 - ELECTIONS
section: 12
title: Objections to nomination papers
content:
12. —(1) Objection may be made to a nomination paper only on all or any of the following grounds: ( a ) that the description of the candidate is insufficient to identify the candidate; ( b ) that the nomination paper does not comply with or was not delivered in accordance with the provisions of this Act; ( c ) that it is apparent from the contents of the nomination paper that the candidate is not qualified to be elected to the office of President; ( d ) that the provisions of section 10 have not been observed. (2) An objection to a nomination paper must not be allowed unless it is made in person to the Returning Officer, in the manner specified in subsection (3), at the place of nomination between 11 a.m. and 12.30 p.m. on nomination day. [Act 9 of 2023 wef 01/06/2023] (3) Every objection must be in writing signed by the objector and must specify the ground of objection. (4) The Returning Officer may himself or herself lodge an objection on any of the grounds set out in subsection (1). (5) The Returning Officer must with the least possible delay decide on the validity of every objection and inform the candidate concerned of his or her decision, and, if the objection is allowed, of the grounds of his or her decision. (6) If the Returning Officer disallows any objection, his or her decision is final and conclusive and is not to be called in question in any court; but if the Returning Officer allows the objection, his or her decision is subject to reversal on an application under section 71.


document_id: prea-1991
provision_ref: s13
chapter: PART 2 - ELECTIONS
section: 13
title: Withdrawal of candidature
content:
13. —(1) A candidate may before 12 noon on nomination day, but not afterwards, withdraw his or her candidature by giving, in person, a notice to that effect signed by him or her to the Returning Officer. (2) The Returning Officer must immediately cause notice of the withdrawal to be posted in a conspicuous position outside the place of nomination.


document_id: prea-1991
provision_ref: s14
chapter: PART 2 - ELECTIONS
section: 14
title: Persons entitled to be present during nomination proceedings
content:
14. —(1) Subject to subsection (2), the following persons, and no others, are entitled to be present at the proceedings specified in sections 11, 11A, 12 and 13: ( a ) the candidates; ( b ) each candidate’s proposer, seconder and assentors; ( c ) one other person (if any) appointed in writing by each candidate; ( d ) the Returning Officer and any other person authorised by the Returning Officer to assist him or her at such proceedings; and ( e ) any other person with the written permission of the Returning Officer to be present at those proceedings. [Act 9 of 2023 wef 01/06/2023] (2) A person seeking to be a candidate for election to the office of President may be refused entry to the place of nomination unless — ( a ) the person is issued a political donation certificate; and ( b ) the person is accompanied by 6 other persons as his or her proposer, seconder and assentors. [Act 9 of 2023 wef 01/06/2023] (3) Subsection (2) only applies to the initial entry of a person seeking to be a candidate for an election to the place of nomination for that election. [Act 9 of 2023 wef 01/06/2023] Division 5 &#x2014; Uncontested Elections [6/2017]


document_id: prea-1991
provision_ref: s15
chapter: PART 2 - ELECTIONS
section: 15
title: Uncontested elections
content:
15. —(1) If, on nomination day after the decision by the Returning Officer of any objection which may have been lodged, only one candidate stands nominated, the Returning Officer must immediately — ( a ) declare the nominated candidate to be elected to the office of President; and ( b ) cause the name of the person so elected to be published in the Gazette . (2) Nothing in sections 11 and 12 prevents the Returning Officer from exercising any of his or her powers under subsection (1) before 12.30 p.m. if, at 12 noon on nomination day for an election, only one candidate stands nominated. Division 6 &#x2014; Contested Elections [6/2017]


document_id: prea-1991
provision_ref: s16
chapter: PART 2 - ELECTIONS
section: 16
title: Contested elections
content:
16. —(1) If, on nomination day after the decision by the Returning Officer of any objections which may have been lodged, more than one candidate stands nominated for election to the office of President, the Returning Officer must — ( a ) immediately adjourn the election to enable a poll to be taken in accordance with the provisions of this Act; and ( b ) allot to each candidate an approved symbol which must be printed on the ballot paper opposite the name of that candidate. (1A) Subject to subsection (3A), the Returning Officer may, in his or her discretion, allot to any candidate some other symbol selected by the candidate. (2) In subsection (1), “approved symbol” means any symbol approved by the Returning Officer for the purposes of this Act by notification in the Gazette . (3) Subject to subsections (1) and (1A), the determination of the approved symbol to be allotted to each candidate must be made by lot by the Returning Officer. (3A) A candidate must not be allotted any symbol which is of any racial or religious significance or which denotes or implies an affiliation with any political party. (4) In the event of any dispute arising regarding the allocation of any symbol under this section, the decision of the Returning Officer is final and is not to be questioned. (5) Subject to section 6(1), the Returning Officer must cause to be published in the Gazette a notice in the prescribed form specifying — ( a ) the date on which the poll will be taken, the date being not earlier than the 10th day, and not later than the 56th day, after the date of publication of the notice in the Gazette (called in this Act polling day); ( aa ) whether a direct recording electronic voting system will be used at the poll and if so, a brief description of the system and the electoral division which will use the system at the poll; ( ab ) the day and hours of the poll at every overseas polling station and special polling station; [Act 9 of 2023 wef 01/06/2023] ( b ) the names of the candidates in the order in which they will be printed on the ballot papers, the symbol allotted to each candidate, and the names of their proposers and seconders; and ( c ) the locations of the polling stations. (6) In computing time for the purpose of subsection (5)( a ), the last day of the period must not be excluded only by reason of the fact that it is a Sunday or that it is a public holiday under the provisions of this Act or any other written law. (7) If, after an election has been reported as contested, one of the candidates nominated dies before the poll has commenced, the Returning Officer must, upon being satisfied of the fact of the death — ( a ) countermand the notice for the poll; and ( b ) appoint by notice in the Gazette a fresh date, time and place for the nomination of candidates for election, at least 4 clear days before the fresh date fixed for such nomination. (8) In the case referred to in subsection (7), all proceedings with reference to the election must be commenced afresh, except that no fresh nomination is necessary in the case of the candidates who stood nominated at the time of the countermand of the poll.


document_id: prea-1991
provision_ref: s17
chapter: PART 2 - ELECTIONS
section: 17
title: Polling day to be public holiday
content:
17. Polling day at any election is a public holiday as though it had been so expressly appointed in addition to the days mentioned in any written law for the time being in force relating to holidays.


document_id: prea-1991
provision_ref: s18
chapter: PART 2 - ELECTIONS
section: 18
title: Polling districts and polling stations
content:
18. —(1) The Returning Officer must, for the purposes of the poll in any electoral division — ( a ) establish for the electoral division as many ordinary polling stations as are necessary for the poll — (i) within each polling district of the electoral division; and (ii) in a polling district of another electoral division which has a common boundary with the firstmentioned electoral division, but only if the Returning Officer is satisfied that doing so is conducive to the voting convenience of a large number of electors of the electoral division who reside near that common boundary; [Act 9 of 2023 wef 01/06/2023] ( b ) provide as many polling places within each ordinary polling station as the Returning Officer considers necessary; and [Act 9 of 2023 wef 01/06/2023] ( c ) allot the electors registered for the electoral division (including overseas electors) to the ordinary polling stations in such manner as the Returning Officer thinks convenient. [Act 9 of 2023 wef 01/06/2023] (1A) A single ordinary polling station in a polling district of an electoral division may be established for the conduct of a poll in another electoral division only if the polling district has a common boundary with a polling district of the other electoral division. [Act 9 of 2023 wef 01/06/2023] (2) The Returning Officer may use, free of charge, as a polling station any school in Singapore or part thereof for the purposes of any election. (3) The Returning Officer must make good any damage done to, and defray any expenses incurred by the persons having control over, any school in Singapore or part thereof by reason of its being used as a polling station. (4) A polling station comprises such premises or such area within any premises as are demarcated by or under the authority of the Returning Officer to be a polling station. (5) Where an ordinary polling station or a special polling station is located in any grounds, the Returning Officer — ( a ) may designate — (i) an entrance to those grounds as a designated entrance to the polling station; and (ii) the routes that electors have to use to access the polling places within the polling station and the polling booths or other facilities for voting in accordance with this Act, including paths, hallways and doorways; and ( b ) if a designation under paragraph ( a )(i) is made, must indicate or cause to be indicated by a presiding officer the designated entrance to those grounds by displaying an official sign at that entrance. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s19
chapter: PART 2 - ELECTIONS
section: 19
title: Presiding officers
content:
19. —(1) The Returning Officer must appoint, and may revoke the appointment of, one or more persons (called in this Act presiding officers) to preside at each polling station. (2) If more than one presiding officer is appointed for any polling station, the Returning Officer may appoint one of the presiding officers to be the senior presiding officer who is to exercise general supervision over the other presiding officers and over all arrangements for the conduct of the poll in that station. (3) Each presiding officer must be supplied with a copy of that part of the register of electors containing the names of electors in the register assigned to the presiding officer’s polling place. (4) If any presiding officer is, by sickness or other cause, prevented from acting at any election and there is no time for another person to be appointed by the Returning Officer, the presiding officer may appoint a deputy to act for him or her. (5) A presiding officer must as soon as possible report to the Returning Officer every appointment made under subsection (4) and every such appointment may be revoked by the Returning Officer, but without affecting the validity of anything already done by the deputy. (6) The Returning Officer may, if he or she thinks fit, preside at any polling station, and the provisions of this Act relating to a presiding officer apply to the Returning Officer.


document_id: prea-1991
provision_ref: s20
chapter: PART 2 - ELECTIONS
section: 20
title: Facilities to be provided at polling stations
content:
20. —(1) Before the poll opens at a polling station, the presiding officer or the senior presiding officer at that station must cause a notice about the poll to be displayed on or at a conspicuous place outside that station. [6/2017] (2) The notice mentioned in subsection (1) — ( a ) must contain such information, presented in such form or manner, as may be prescribed; and ( b ) must remain displayed on or at a conspicuous place outside the polling station until the poll closes at that station. [6/2017] (3) It is the duty of the Returning Officer to provide at each polling station reasonable facilities for the electors allotted to that station to enable them to mark their votes screened from observation and to vote in accordance with the provisions of this Act. (4) The Returning Officer must determine, or may authorise the presiding officer or senior presiding officer to determine, in what manner the facilities mentioned in subsection (3) are to be distributed among the electors entitled to vote at that station. (5) An election must not be questioned by reason of non‑compliance with subsection (3) or (4) or any informality relative to polling stations.


document_id: prea-1991
provision_ref: s21
chapter: PART 2 - ELECTIONS
section: 21
title: Register of electors to be conclusive evidence of right to vote
content:
21. —(1) A person who, by reason of circumstances existing on the day of an election, is by virtue of the provisions of this Act or the Parliamentary Elections Act 1954, not entitled to have his or her name entered or retained in any register of electors is not entitled to vote at the election. (2) If the person mentioned in subsection (1) votes at the election, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 9 months or to both, and shall, on conviction, become incapable for a period of 3 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament. (3) The register of electors in operation in accordance with the Parliamentary Elections Act 1954 at the time of any election is conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at the election. (4) The right to vote of any person whose name is for the time being contained in the register is not prejudiced by any appeal pending before a Revising Officer in respect of the inclusion of that person’s name in the register. (5) Any vote given by the person mentioned in subsection (4) during the pendency of that appeal is as good as though no such appeal were pending and is not affected by the subsequent decision of the appeal. (6) In this section, “Revising Officer” means a Revising Officer appointed under section 12 of the Parliamentary Elections Act 1954.


document_id: prea-1991
provision_ref: s22
chapter: PART 2 - ELECTIONS
section: 22
title: Admittance to polling station
content:
22. —(1) Subject to subsection (2) but without affecting section 52 (on plural voting), a person must not be admitted — ( a ) to an ordinary polling station to vote in person at an election unless the person is allotted under section 18(1)( c ) to that ordinary polling station; ( b ) to an overseas polling station to vote in person at an election unless the person — (i) is registered as an overseas elector; (ii) is not designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for that election; and (iii) is allotted under section 13A(3A) of the Parliamentary Elections Act 1954 to that overseas polling station; or ( c ) to a special polling station to vote in person at an election unless the person is allotted under section 30B(1) to that special polling station. [Act 9 of 2023 wef 01/06/2023] (2) Where an elector for any electoral division is employed as a presiding officer, police officer, or in any other official capacity at an ordinary polling station or a special polling station, and it is inconvenient for him or her to vote at the ordinary polling station which has been allotted to him or her, the Returning Officer may, by a certificate authorise the elector to vote at any other polling station and that other polling station is deemed, for the purposes of this section, to be the polling station allotted to that elector. [Act 9 of 2023 wef 01/06/2023] (3) The certificate mentioned in subsection (2) must be given under the hand of the Returning Officer and must state the name of the elector, the elector’s number, and description in the register of electors, and the fact that the elector is so employed as a presiding officer, police officer or in any other official capacity at a polling station. (3A) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] (4) Unless the Returning Officer, by notification in the Gazette under this section or section 33C(3)( b ), appoints any other hour, the poll must open at 8 a.m. on the day appointed under section 16(5) and must close at 8 p.m. on that day. [6/2017] [Act 9 of 2023 wef 01/06/2023] (5) The presiding officer must — ( a ) keep order in his or her polling station; ( b ) regulate the number of voters to be admitted at a time; and ( c ) exclude all other persons except the candidates, the polling agents admitted to the polling station under this section, the Returning Officer and persons authorised in writing by the Returning Officer, the police officers on duty and other persons officially employed at the polling station. [Act 9 of 2023 wef 01/06/2023] (6) The number of polling agents of each candidate that may be admitted to a polling station must not exceed the number calculated in the prescribed manner. [Act 9 of 2023 wef 01/06/2023] (7) A polling agent whose name has not been notified to the presiding officer as required by section 45(1B) must not be admitted to a polling station. (8) If any person misconducts himself or herself in a polling station or fails to obey the lawful orders of the presiding officer, that person may immediately by order of the presiding officer be removed from the polling station by any police officer in or near that station or by any other person authorised in writing by the presiding officer or by the Returning Officer to remove that person. (9) The person removed under subsection (8) must not, unless with the permission of the presiding officer, again be allowed to enter the polling station. (10) Any person removed under subsection (8) may, if charged with the commission in a polling station of any offence, be kept in custody until he or she can be brought before a magistrate. (11) The powers conferred by this section must not be exercised so as to prevent any elector who is otherwise entitled to vote at any polling station from having an opportunity of voting at that station. 22A. [ Repealed by Act 9 of 2023 wef 01/06/2023 ]


document_id: prea-1991
provision_ref: s23
chapter: PART 2 - ELECTIONS
section: 23
title: Poll by ballot and ballot papers
content:
23. —(1) In the case of a poll at an election not using a DRE voting system, the votes must be given by ballot, and the ballot of each voter must consist of a paper (called in this Act a ballot paper). (2) Every ballot paper must — ( a ) contain a list of the candidates in English, described, subject to section 11(5) and (6), as in their respective nomination papers, and arranged alphabetically in English in the order of their surnames, and, if there are 2 or more such candidates with the same surname, of their other names, and the symbol allotted to each candidate; ( aa ) clearly demarcate the area within which a voter must mark his or her vote for a candidate; ( b ) be in the prescribed form; ( c ) be capable of being folded; ( d ) have a number printed on the back; and ( e ) have attached a counterfoil with the same number printed on the face. [6/2017] (3) The official mark for the authentication of ballot papers must comprise a pattern, design, watermark or logo approved by the Returning Officer which must be affixed, stamped, overprinted or marked (by writing or otherwise), or any combination thereof, on the ballot paper in a particular manner approved by the Returning Officer.


document_id: prea-1991
provision_ref: s23A
chapter: PART 2 - ELECTIONS
section: 23A
title: Candidates’ photographs on ballot paper
content:
23A. —(1) The Returning Officer must include on every ballot paper in an election a candidate’s photograph if — ( a ) the candidate delivers the photograph to the Returning Officer at such place, within such time, and in such form and manner, as the Returning Officer specifies; and ( b ) the photograph is in accordance with the Returning Officer’s specifications and requirements to ensure accuracy and consistency. [6/2017] (2) If subsection (1)( a ) or ( b ) is not complied with, the Returning Officer must indicate in the area designated on the ballot paper for the candidate’s photograph that there is no photograph for the candidate. [6/2017] (3) The Returning Officer must cause to be published, as soon as practicable after the issue of the writ for the election and in such manner as will secure adequate publicity to the candidates, the Returning Officer’s specifications and requirements under subsection (1)( a ) and ( b ). [6/2017]


document_id: prea-1991
provision_ref: s24
chapter: PART 2 - ELECTIONS
section: 24
title: Ballot boxes
content:
24. —(1) Every ballot box must be so constructed that the ballot papers can be introduced into the box after it has been sealed or locked but cannot be withdrawn from the box unless the seal or lock is broken. (2) The presiding officer at a polling station must, immediately before the commencement of the poll, and in the sight of such person as may be present in the polling station — ( a ) show that each ballot box to be used at the commencement of the poll is empty; ( b ) close the ballot box; and ( c ) ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock. (3) The ballot boxes, after being sealed or locked in accordance with subsection (2), must be kept in the view of the presiding officer of the polling station for the receipt of ballot papers and must not be opened again until after the close of the poll. (4) Subsections (2) and (3) apply to every ballot box used during a poll and it is sufficient compliance with those subsections if a ballot box, other than a ballot box used at the commencement of a poll, is shown and sealed or locked in accordance with subsection (2) before it is used.


document_id: prea-1991
provision_ref: s25
chapter: PART 2 - ELECTIONS
section: 25
title: Manner of voting
content:
25. —(1) Each voter entitled to vote must be given one ballot paper and has one vote. (2) The ballot paper must be delivered to the voter by the presiding officer or a person acting under the presiding officer’s authority. (3) Immediately before any ballot paper is delivered to a voter — ( a ) the ballot paper must, unless it already bears the complete official mark for the authentication of ballot papers, be affixed, stamped or marked (by writing or otherwise) by the presiding officer in the approved manner with that official mark or the remaining part thereof or initialled by the presiding officer; ( b ) the number and name of the voter, as stated in the copy of the register of electors, must be called out; [Act 9 of 2023 wef 01/06/2023] ( c ) the number of the elector must be marked on the counterfoil; and ( d ) a mark must be placed in the register against the number of the elector to denote that he or she has received a ballot paper but without showing the particular ballot paper which he or she has received. (4) Subject to subsection (4AA), the voter must, on receiving the ballot paper, immediately proceed to such place in the station as may be indicated by the presiding officer or by any person acting under that officer’s authority, and must there secretly mark the paper as near as may be in accordance with the directions given for the guidance of voters under this Act. [6/2017] (4AA) The voter’s mark on the ballot paper must be made in the area demarcated on the ballot paper for that purpose, and not elsewhere. [6/2017] (4A) The voter must then fold the paper so as to conceal his or her vote, and must put the paper so folded up into the ballot box. (5) Every voter must vote without undue delay and must leave the polling station as soon as he or she has put his or her ballot paper into the ballot box. (6) The presiding officer or any person authorised by the presiding officer may ask any voter if the voter understands the method of voting in accordance with this Act and may, if he or she thinks fit, on the application of any voter, explain to the voter, in the presence of the polling agents of the candidates if present, the method of voting in accordance with this Act; but in so doing he or she must carefully abstain from any action which might be construed by the voter as advice or a direction to vote for any candidate. (7) The presiding officer, on the application of a voter who, by reason of blindness or other physical disability, is unable to vote in the manner prescribed by this Act, must mark the ballot paper of the voter in the manner directed by the voter, and must cause the ballot paper to be placed in the ballot box. [Act 9 of 2023 wef 01/06/2023] (8) The presiding officer may, at any time while a poll is proceeding, take such steps as may be necessary to ensure that no voter delays unduly in any place reserved for the marking of ballot papers. (9) During the taking of the poll, the presiding officer must cause to be exhibited outside his or her polling station a notice, in English, Malay, Chinese and Tamil, substantially in the prescribed form, giving directions for the guidance of voters in voting.


document_id: prea-1991
provision_ref: s26
chapter: PART 2 - ELECTIONS
section: 26
title: Compulsory voting
content:
26. —(1) Every elector must record his or her vote at each election in the electoral division for which he or she is registered. (1A) An elector who is allotted to a special polling station under section 30B(1) for the purposes of the poll and who — ( a ) attends in person at a polling place in the special polling station to record his or her vote; or ( b ) has his or her vote taken by a mobile polling team, deployed at the special polling station, must be treated under this section as having recorded his or her vote at the election in the electoral division for which he or she is registered. [Act 9 of 2023 wef 01/06/2023] (1B) An overseas elector — ( a ) who is designated under section 13A(3A) of the Parliamentary Elections Act 1954 as a postal voter for the purposes of the poll in an election; and ( b ) who applies for postal voting papers to be issued to him or her during the postal voting period for that election, must be treated under this section as having recorded his or her vote at the election in the electoral division for which he or she is registered. [Act 9 of 2023 wef 01/06/2023] (2) The Returning Officer must, at the close of each election, prepare a list of the numbers, names and descriptions as stated in the register of electors of such electors who have failed to vote at the election and certify the list under the hand of the Returning Officer. (3) Despite section 32(10) and (12), it is lawful for the Returning Officer to break the seals of packets containing the marked copies of the registers of electors and to inspect and retain those copies for the purpose of preparing the list referred to in subsection (2) and of any connected inquiries. (4) The list prepared by the Returning Officer under subsection (2) must be forwarded by the Returning Officer to the Registration Officer. (5) The Registration Officer must on receipt of such list cause the names of all persons appearing in the list to be expunged from the register of electors. (6) The Registration Officer must give notice in the Gazette that such list has been received by him or her from the Returning Officer and that the list or copies thereof are open for inspection at all reasonable hours of the day at the office of the Registration Officer and at such other place or places in or near each electoral division and at such overseas registration centres as may be specified in the notice. (7) Every person whose name appears on the list of which notice has been given by the Registration Officer under subsection (6) may make a written application for the restoration of his or her name to the register of electors. (8) If any applicant under subsection (7) satisfies the Registration Officer that the applicant has a good and sufficient reason for not having recorded his or her vote, the applicant’s name must be restored to the register without penalty, but where the applicant does not so satisfy the Registration Officer, the applicant’s name must be restored to the register on payment to the Registration Officer of a sum of $50. (9) Any name to be restored to the register under subsection (8) must, except as otherwise provided in subsection (11), be restored on the day after the Registration Officer has satisfied himself or herself that the applicant has a good and sufficient reason for not recording his or her vote, or the day after the payment of the sum of $50 to the Registration Officer, as the case may be. (10) Where any person whose name is to be restored to the register under subsection (8) has notified the Commissioner of National Registration of any change in the person’s address and it appears from such change of address that the person is no longer residing in the same electoral division, the person’s name must be restored to the appropriate register of the electoral division in which he or she is residing. (11) Where a writ of election has been issued under section 6 for an election, no name may be restored to the register until after nomination day or, if a poll is to be taken, until after polling day.


document_id: prea-1991
provision_ref: s27
chapter: PART 2 - ELECTIONS
section: 27
title: Declarations by voters
content:
27. —(1) The presiding officer at any polling station may, in his or her discretion, require any voter, before the voter is given a ballot paper, to furnish such evidence of the voter’s identity as the presiding officer may consider necessary and to make and subscribe to all or any of the declarations set out in the prescribed form. [6/2017] (2) [ Deleted by Act 6 of 2017 ] (3) If any person fails to furnish such evidence of his or her identity or refuses to make any declaration required under subsection (1), the presiding officer may refuse to give him or her a ballot paper. [6/2017] (4) If any person wilfully makes a false statement in any declaration required under subsection (1), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 9 months or to both. [6/2017]


document_id: prea-1991
provision_ref: s28
chapter: PART 2 - ELECTIONS
section: 28
title: Spoilt ballot papers
content:
28. —(1) A voter who has inadvertently dealt with his or her ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in place of the ballot paper so delivered up (called in this Act a spoilt ballot paper). (2) The spoilt ballot paper must be immediately cancelled by the presiding officer.


document_id: prea-1991
provision_ref: s29
chapter: PART 2 - ELECTIONS
section: 29
title: Tendered votes
content:
29. —(1) If a person representing himself or herself to be a particular elector named in the register applies for a ballot paper after another person has voted as such elector, the applicant, on taking an oath of identity which may be administered by the presiding officer and which must be in the prescribed form, is entitled to receive a ballot paper and to vote in the same manner as any other voter. (2) The ballot paper (called in this Act a tendered ballot paper) must be of a colour different from the other ballot papers, and, before being placed in a ballot box, must be endorsed by the presiding officer with the name of the voter and the voter’s number in the register, and that number must be entered on a tendered votes list.


document_id: prea-1991
provision_ref: s30
chapter: PART 2 - ELECTIONS
section: 30
title: Closing of poll
content:
30. No ballot paper shall be delivered to a voter after the hour fixed for the closing of the poll, except that if at that hour there is in the polling station any voter to whom a ballot paper has been delivered, the voter must be allowed to record his or her vote.


document_id: prea-1991
provision_ref: s30A
chapter: PART 2 - ELECTIONS
section: 30A
title: Special polling arrangements to meet voting needs of certain voters
content:
30A. —(1) The Returning Officer may, for the purposes of the poll in an election — ( a ) establish all or part of a nursing home as a special polling station; or ( b ) authorise all or any of the following special polling arrangements to be provided to service the voting needs of electors who are in-patients or residents of the nursing home during the election period of the election by enabling them to record their votes there in that poll: (i) by establishing one or more polling places within the nursing home for those in-patients or residents to attend in person to record their votes; (ii) by deploying one or more mobile polling teams to visit those in-patients or residents to take the votes of those in-patients or residents, as the case may be. (2) In determining whether to establish a special polling station under subsection (1) in a nursing home for the purposes of the poll in an election, the Returning Officer must have regard to whether there is or is likely to be, during the election period of the election, a significant number of electors who are in-patients or residents of the nursing home and who — ( a ) are unable or likely to be unable to travel to the ordinary polling stations allotted to them respectively under section 18(1) except with great difficulty; but ( b ) are able to vote at the nursing home by marking a ballot paper personally or in the manner allowed under section 25(7). (3) In addition, the Returning Officer must have regard to the following factors in determining whether to authorise special polling arrangements by way of mobile polling to be made available under subsection (1)( b )(ii): ( a ) the number of electors who are in-patients or residents of the nursing home with any physical condition, serious illness or infirmity that will preclude the electors’ attendance in person at a polling place in the special polling station; ( b ) the practicality of establishing and deploying mobile polling teams to take the votes of those electors, having regard to their numbers and the resources required for doing so; ( c ) the existence of any peculiar circumstances within the nursing home applying to those electors and their voting needs. (4) Subject to subsection (5) and regulations made under section 30C, a poll and voting at a special polling station by electors who are in-patients or residents of a nursing home where the special polling station is established must be conducted, as far as practicable, in the same manner as that in which a poll and voting at an ordinary polling station on polling day is conducted. (5) Despite sections 62, 63 and 64, the person in charge of a nursing home where a special polling station is established under subsection (1) may lawfully inform a presiding officer who is a member of a mobile polling team deployed at that special polling station that a visit to an in-patient or a resident of the nursing home is forbidden on medical grounds, and the mobile polling team must then not visit the in-patient or resident to take the in-patient’s or resident’s vote. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s30B
chapter: PART 2 - ELECTIONS
section: 30B
title: Voting at special polling station is in lieu of voting at ordinary voting station
content:
30B. —(1) Where a special polling station is determined to be established under section 30A(1) in a nursing home for the purposes of the poll in an election, the Returning Officer must, without delay, allot the special polling station to every person — ( a ) whose name is entered in the certified register of electors in operation; ( b ) who is entitled to have his or her name so entered or retained in that register of electors; and ( c ) who is an in-patient or a resident of the nursing home during the election period of that election. (2) An elector who is allotted to a special polling station under subsection (1) may — ( a ) attend in person at a polling place in the special polling station to record his or her vote at an election, or have his or her vote taken by a mobile polling team; or ( b ) attend in person at the ordinary polling station allotted to him or her under section 18(1)( c ) to record his or her vote at an election, but not at both in respect of the same election. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s30C
chapter: PART 2 - ELECTIONS
section: 30C
title: Regulations relating to special polling arrangements
content:
30C. —(1) Subject to subsection (2) and section 81B, the Minister may make regulations to modify the application of any provision of this Act to the conduct of polls in any special polling station established in a nursing home, including but not limited to — ( a ) the preparation by or under the authority of the Returning Officer of the list of electors allotted to the special polling station; ( b ) the manner of voting at the special polling station and the taking of votes by mobile polling teams; ( c ) fixing the maximum number of polling agents who may be admitted to a special polling station; ( d ) the admission of any person who is employed by the nursing home (whether or not a citizen of Singapore) into any polling place in the special polling station or authorising the presence of such an employee in the special polling station, for the purpose of providing any assistance to the presiding officers, mobile polling team or any elector at the special polling station; ( e ) the procedure on the closing of the poll at the special polling station; and ( f ) the procedure on the counting of the votes cast at the special polling station, including the recounting of such votes. (2) Regulations made under subsection (1) — ( a ) must not authorise any person to vote more than once at an election; ( b ) must provide for a record of every vote cast at a special polling station, including votes taken by a mobile polling team, but the vote record must not contain any means of identifying the person who cast the vote; and ( c ) must be consistent with the principles laid down in any provision of this Act that is modified by those regulations. [Act 9 of 2023 wef 01/06/2023]


document_id: prea-1991
provision_ref: s31
chapter: PART 2 - ELECTIONS
section: 31
title: Procedure on closing of poll
content:
31. —(1) As soon as practicable after the close of the poll, the presiding officer of each polling station must, in the presence of such of the candidates and their polling agents as attend, make up into separate packets, sealed with the presiding officer’s own seal and the seals of the candidates or their agents if they desire to affix their seals — ( a ) the unused and spoilt ballot papers placed together; ( b ) the marked copies of the register of electors; ( c ) the counterfoils of the ballot papers; and ( d ) the tendered votes list. (2) The ballot box or boxes unopened must be secured by the presiding officer and sealed with the presiding officer’s seal and with the seals of such of the candidates or their agents as attend and desire to affix their seals, in such manner that the box or boxes cannot be opened and nothing can be inserted therein without breaking the seals. (3) Every presiding officer of a polling station must despatch each such packet and the ballot box or boxes in safe custody to the Returning Officer at the counting place where the votes cast at the polling station are to be counted in accordance with the provisions of this Act. (4) Where the Returning Officer has specified a polling station to be a counting place under this Act, the presiding officer of the polling station must keep at that station every such packet and ballot box in safe custody pending counting of the votes thereat. [6/2017]


document_id: prea-1991
provision_ref: s31A
chapter: PART 2 - ELECTIONS
section: 31A
title: Counting at counting places
content:
31A. —(1) The Returning Officer may direct — ( a ) that the votes cast at any polling station or stations in Singapore be counted at such counting place (which may or may not be a polling station) as the Returning Officer may specify; and [Act 9 of 2023 wef 01/06/2023] ( b ) where more than one counting place is specified under paragraph ( a ), that the total number of votes given to each candidate at the poll be ascertained at a principal counting place (which may or may not be a counting place) as the Returning Officer may specify. [Act 9 of 2023 wef 01/06/2023] (1A) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] (2) The Returning Officer must cause notice of every direction issued under subsection (1) to be published in the Gazette at least 2 clear days before polling day. [6/2017] [Act 9 of 2023 wef 01/06/2023] (3) [ Deleted by Act 9 of 2023 wef 01/06/2023 ] (4) [ Deleted by Act 9 of 2023 wef 01/06/2023 ]


document_id: prea-1991
provision_ref: s32
chapter: PART 2 - ELECTIONS
section: 32
title: Counting votes
content:
32. —(1) Each candidate or any of his or her election agents may appoint an agent (called in this Act the counting agent) to attend the counting of the votes and must give written notice of the name and address of the counting agent so appointed to the Returning Officer. (2) Each candidate or any of his or her election agents may appoint not more than one counting agent to attend the counting of votes at each counting place specified under this Act. [6/2017] (2A) The Returning Officer must make arrangements for counting the votes in the presence of such of the candidates and their counting agents as attend as soon as practicable — ( a ) where only one counting place is specified under this Act — after the Returning Officer has received all the ballot boxes used during the poll conducted in Singapore; or ( b ) where more than one counting place is specified under this Act, after — (i) the procedure in section 31 has been complied with at the close of the poll if the counting place is also a polling station; and (ii) the Assistant Returning Officer in charge of each counting place has received at his or her counting place all the ballot boxes containing the votes cast at the polling station or stations in Singapore which are specified in the direction to be counted at that counting place, subject to any directions from the Returning Officer to delay or postpone the counting. [6/2017] (3) The Returning Officer, his or her assistants and clerks, and the candidates and their counting agents, but no other persons except with the sanction of the Returning Officer, may be present at the counting of the votes. (4) Before the Returning Officer proceeds to count the votes, the Returning Officer or a person authorised by him or her must, in the presence of such of the candidates and their counting agents as attend, open each ballot box and, taking out the papers therein, mix together the whole of the ballot papers contained in the ballot boxes. (5) The votes may be counted manually or by mechanical or electronic means. [Act 9 of 2023 wef 01/06/2023] (5A) The Returning Officer must, while counting the votes, take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers. [Act 9 of 2023 wef 01/06/2023] (6) The Returning Officer must so far as practicable proceed continuously with counting the votes and must endorse “rejected” on any ballot paper which the Returning Officer may reject as invalid. (7) The Returning Officer must not count the tendered ballot papers but must place them in separate packets according to the candidate whom they support and mark each packet with the name of the candidate, and must seal the packet and retain it unless it is required for the purposes of an application under section 71. (8) Where only one counting place is specified under this Act, the Returning Officer must, when the counting of votes cast at all polling stations in Singapore is completed at the sole counting place or, if a recount thereof is conducted under section 32B, after that recount is completed, immediately act as follows: ( a ) where the total number of overseas electors lawfully entitled to vote at the election is less than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the candidate to whom the greatest number of votes is given to be elected; ( b ) where the total number of overseas electors lawfully entitled to vote at the election is equal to or more than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the number of votes cast in Singapore in favour of each candidate at the election, and the date and premises at which the votes cast by the overseas electors will be counted. [6/2017] (8A) Where more than one counting place is specified under this Act, the Returning Officer must, immediately after the counting of votes cast in Singapore is completed at the counting place under his or her charge and, if a recount thereof is conducted under section 32B, after that recount is completed, at each counting place — ( a ) announce to the candidates or their counting agents as attend the number of votes given to each candidate; ( b ) prepare a record (called in this Act the record of counting) in a prescribed form containing the number of votes given to each candidate and other results of the counting of votes at the counting place, and certify that record; ( c ) transmit to the principal counting place, by any means available, the results of the counting of votes at the counting place; and ( d ) seal up in an envelope the record of counting and despatch or deliver the envelope in safe custody to the principal counting place for that electoral division. [6/2017] (8B) Except with the sanction of the Returning Officer, no person other than — ( a ) the Returning Officer and such other officers and staff appointed by the Returning Officer to assist him or her in adding the votes cast for each candidate at the counting places and ascertaining the total number of votes given to each candidate at the poll; and ( b ) the candidates and their principal election agents, may be present at the principal counting place during the addition of the votes. (8C) At the principal counting place, the Returning Officer must, upon receipt of the results of the counting of votes at all counting places, ascertain the total number of votes given to each candidate at the poll by adding up the number of votes recorded for each candidate in the said results. (8D) When the total number of votes cast at polling stations in Singapore for each candidate at an election is ascertained under subsection (8C), or if a recount thereof is conducted under section 32B, after that recount is completed, the Returning Officer must immediately act as follows: ( a ) where the total number of overseas electors lawfully entitled to vote at the election is less than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the candidate to whom the greatest number of votes is given to be elected; ( b ) where the total number of overseas electors lawfully entitled to vote at the election is equal to or more than the difference between the number of votes given to the candidates with the 2 greatest number of votes, the Returning Officer must declare the number of votes cast in Singapore in favour of each candidate at the election, and the date and premises at which the votes cast by the overseas electors will be counted. [6/2017] (9) When, after the counting of votes (including any recount conducted under section 32B) is completed, an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected, the determination of the candidate to whom the one additional vote is deemed to have been given must be made by lot in the presence of the Returning Officer in such manner as the Returning Officer may determine. [6/2017] (10) After the Returning Officer has made any declaration under subsection (8) or (8D), the Returning Officer must ensure that the following procedures are complied with at every counting place and principal counting place: ( a ) all ballot papers and all other documents relating to the election at every counting place and principal counting place must be sealed up in separate packets and placed in any ballot box or boxes; ( b ) the ballot box or boxes must then be sealed with the seal of the Returning Officer and the seals of such of the candidates or their counting agents as attend and desire to affix their seals; ( c ) the sealed ballot box or boxes must be despatched and delivered in safe custody to the Returning Officer; ( d ) subject to subsection (11), the ballot papers and other documents in the sealed ballot box or boxes must be retained in safe custody for a period of 6 months; ( e ) the ballot papers and other documents must be destroyed at the end of the period of 6 months unless otherwise directed by order of the President. (11) An Election Judge may make an order that any ballot paper or other document relating to an election which has been sealed as required by this Act be inspected, copied or produced at such time and place and subject to such conditions as the Judge may consider expedient. (11A) No Election Judge is to make such an order unless he or she is satisfied that the inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an application under section 71 in connection with the election. (12) Except as provided in this section, no person is allowed to inspect any such ballot paper or document after it has been sealed up pursuant to subsection (10). 32A. [ Repealed by Act 9 of 2023 wef 01/06/2023 ]


