# legal_provisions

document_id: dca-2022
provision_ref: s31
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 31
title: Powers of investigation
content:
31. —(1) An inspecting officer or a compliance officer may do all or any of the following: ( a ) where the inspecting officer or compliance officer reasonably believes a person to have committed an offence under this Act or contravened any provision of this Act — require that person to provide evidence of that person’s identity; ( b ) require any person whom the inspecting officer or compliance officer reasonably believes has — (i) any information; or (ii) any document or article in the person’s possession, custody or control, that the inspecting officer or compliance officer reasonably requires for any of the purposes of section 29(1), to provide, within a reasonable period specified by the inspecting officer or compliance officer, that information or produce that document or article, and to provide an explanation of the information or document; ( c ) issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29(1), to attend before an inspecting officer or compliance officer; ( d ) examine orally any person who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29(1) — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; and (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter. (2) The power to require a person to provide any information, document or article under subsection (1)( b ) includes the power — ( a ) if the information, document or article is not provided, to require the person to state, to the best of the knowledge and belief of the person, where it is; and ( b ) if the information is recorded otherwise than in legible form, to require the information to be made available to the inspecting officer or compliance officer in legible form. (3) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (4) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. (5) If any person fails to comply with a written notice issued to the person under subsection (1)( c ), an inspecting officer or a compliance officer may report the failure to a Magistrate who may then, in the Magistrate’s discretion, issue a warrant ordering that person to comply with the written notice. (6) An inspecting officer or a compliance officer may make copies of any document or article produced under subsection (1)( b ) for further investigation. (7) An inspecting officer may take possession of any document or article produced under subsection (1)( b ) for further investigation.


document_id: dca-2022
provision_ref: s32
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 32
title: Application of Criminal Procedure Code 2010
content:
32. Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an inspecting officer seizes any thing under this Division.


document_id: dca-2022
provision_ref: s33
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 33
title: Offences to be arrestable
content:
33. Every offence under the following provisions is arrestable for the purposes of the Criminal Procedure Code 2010: ( a ) section 6(5) in respect of a contravention of section 6(1); ( b ) section 17(3).


document_id: dca-2022
provision_ref: s34
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 34
title: Offences
content:
34. —(1) A person who, without reasonable excuse, fails to do anything required of the person by an inspecting officer or a compliance officer under section 30(1) or 31(1)( a ) or ( b ), or by notice under section 31(1)( c ), 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, information or article which the person has been required by an inspecting officer or a compliance officer under section 30(1)( f ) or 31(1)( b ) to provide; or ( b ) who, in providing any document, information or article required by an inspecting officer or a compliance officer under section 30(1)( f ) or 31(1)( b ), 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. (3) A person guilty of an offence under subsection (2) shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) where the person is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (4) 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, information or article required; or ( b ) has taken all reasonable steps available to the person to obtain the document, information or article required and has been unable to obtain it. (5) 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 article or answer any question if doing so might tend to incriminate that person.


document_id: dca-2022
provision_ref: s35
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 35
title: Composition of offences
content:
35. —(1) The Licensing Officer 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 under subsection (1), 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: dca-2022
provision_ref: s36
chapter: PART 5 - APPEALS
section: 36
title: Interpretation of this Part
content:
36. In this Part, unless the context otherwise requires — “appealable decision” means any of the following decisions of the Licensing Officer: ( a ) a decision refusing the grant or renewal of a licence under section 8; ( b ) a decision under section 10 imposing a condition in a licensee’s licence; ( c ) a modification under section 11 of a condition in a licensee’s licence; ( d ) the issue, approval or amendment of a code of practice applicable to a licensee or class licensee under section 16, in respect of any provision in the code of practice; ( e ) a decision refusing the grant of an approval under section 20 for an individual to be deployed as a debt collector of a licensee; ( f ) a decision under section 21(1) imposing a condition in respect of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee; ( g ) a modification under section 21(3) of a condition in respect of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee; ( h ) a decision under section 22(1) to revoke a licence or disapply a class licence; ( i ) a decision under section 22(2) to impose a regulatory action against a licensee or class licensee; ( j ) a decision under section 24(5)( b ) to refuse to rescind the immediate suspension of a licensee’s licence or immediate suspension of application of a class licence with respect to a class licensee; ( k ) a decision under section 25(1) to cancel an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee; ( l ) a decision under section 25(2) to take regulatory action in respect of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee; ( m ) a decision under section 27(6)( b ) to refuse to rescind the immediate suspension of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee; “appellant” means any of the following in relation to the following appealable decisions: ( a ) an applicant for the grant or renewal 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 paragraph ( b ) or ( c ) of the definition of “appealable decision”; ( c ) a licensee or class licensee, where the appealable decision is within paragraph ( d ) of the definition of “appealable decision”; ( d ) the applicants for the grant of an approval under section 20 for an individual to be deployed as a debt collector of a licensee, where the appealable decision is within paragraph ( e ) of the definition of “appealable decision”; ( e ) the grantees of the grant of an approval under section 20 for an individual to be deployed as a debt collector of a licensee, where the appealable decision is within paragraph ( f ) or ( g ) of the definition of “appealable decision”; ( f ) a licensee or former licensee or a class licensee or former class licensee, where the appealable decision is within paragraph ( h ), ( i ) or ( j ) of the definition of “appealable decision”; ( g ) the grantees or former grantees of the grant of an approval under section 20 for an individual to be deployed as a debt collector of a licensee, where the appealable decision is within paragraph ( k ), ( l ) or ( m ) 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: dca-2022
provision_ref: s37
chapter: PART 5 - APPEALS
section: 37
title: Appeal to Minister
content:
37. —(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 must be made 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 Licensing Officer’s decision; or ( b ) allow the appeal and substitute or vary the Licensing Officer’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: dca-2022
provision_ref: s38
chapter: PART 5 - APPEALS
section: 38
title: Designation of others to hear appeals
content:
38. The Minister may designate a Second Minister, Minister of State or Parliamentary Secretary to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 37; 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: dca-2022
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS
section: 39
title: Offences by corporations
content:
39. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 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, any 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.


document_id: dca-2022
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS
section: 40
title: Offences by unincorporated associations or partnerships
content:
40. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of 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 39(6) except that any reference to the corporation is a reference to the unincorporated association or a partnership mentioned in subsection (2); “state of mind” has the meaning given by section 39(6).


document_id: dca-2022
provision_ref: s41
chapter: PART 6 - MISCELLANEOUS
section: 41
title: Jurisdiction of courts
content:
41. 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 the power to impose the full punishment for that offence.


document_id: dca-2022
provision_ref: s42
chapter: PART 6 - MISCELLANEOUS
section: 42
title: Service of documents
content:
42. —(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) This section does not apply to documents to be served in proceedings in court. (3) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (4) 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 prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (5) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the 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. (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; or ( c ) if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered). (7) However, service of any document under this Act on a person by email may be effected only with the person’s prior consent (express or implied) to service in that way. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: dca-2022
provision_ref: s43
chapter: PART 6 - MISCELLANEOUS
section: 43
title: General exemption
content:
43. 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 the conditions that the Minister may impose.


document_id: dca-2022
provision_ref: s44
chapter: PART 6 - MISCELLANEOUS
section: 44
title: Amendment of Schedules
content:
44. —(1) The Minister may, by order in the Gazette , amend, add to or vary Part 1 of the First Schedule or the Second Schedule. (2) The Minister may, in an order under subsection (1), make provisions of a saving or transitional nature consequent on the enactment of the order that the Minister may consider necessary or expedient. (3) All orders made under subsection (1) are to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: dca-2022
provision_ref: s45
chapter: PART 6 - MISCELLANEOUS
section: 45
title: Regulations
content:
45. —(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the Minister 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 or renewal of a licence may be made, and the information and evidence required to be provided in connection with such an application; ( c ) the form and manner in which, and the time within which, an application for the Licensing Officer’s approval under section 20 for an individual to be deployed as a debt collector of a licensee may be made, and the information and evidence required to be provided in connection with such an application; ( d ) the carrying out of inquiries and investigations of applicants; ( e ) the duties and responsibilities of licensees, including putting in place measures to ensure that their debt collectors comply with their duties and responsibilities; ( f ) the duties and responsibilities of the licensees’ debt collectors; ( g ) the duties and responsibilities of class licensees; ( h ) the conduct of the licensees or class licensees, and their debt collectors, in collecting debts; ( i ) restricting the manner or methods by which a licensee or any of its debt collectors, collect, or attempt to collect, any debt; ( j ) prohibiting a licensee or any of its debt collectors, from collecting or attempting to collect any debt from any person unless the licensee or debt collector has first ascertained that the person is the person asserted by the creditor of the debt to be the debtor of that debt; ( k ) prohibiting a licensee from recovering, or attempting to recover from any debtor, any remuneration or payment in connection with the collection of a debt, unless — (i) the licensee is recovering or attempting to recover on behalf of the creditor of the debt enforcement expenses reasonably incurred by the creditor; and (ii) a term of an agreement between the creditor and the debtor permits the recovery of those expenses; ( l ) prohibiting a licensee or class licensee or any of its debt collectors, from collecting or attempting to collect any debt from any person if the debtor has informed the licensee or class licensee (in the prescribed manner) that the debt is in dispute, or the debtor wishes to settle the debt through other means including mediation or court proceedings and has taken the prescribed measures to initiate such means; ( m ) prohibiting a licensee from recovering, or attempting to recover, from a person who engaged the licensee to collect a debt, the costs incurred by the licensee in collecting the debt, unless a term of an agreement between the licensee and the person permits the recovery of those costs; ( n ) restricting the manner in which, or the arrangement under which, a licensee may charge fees or charges for collecting a debt for a person; ( o ) the fees to be paid in respect of — (i) applications for and the grant of a licence; (ii) applications for the renewal or late renewal of a licence; and (iii) applications for approval under section 20 for an individual to be deployed as a debt collector of a licensee, and otherwise in connection with the administration of this Act, and the waiver, reduction or refund of such fees; ( p ) the records that must be kept by licensees and the provision by licensees of returns and other information with respect to the debt collection businesses carried on by those licensees; ( q ) the records that must be kept by class licensees and the provision by class licensees of returns and other information with respect to debt collection activities carried on by those class licensees; ( r ) the procedure for appeals under this Act; ( s ) all matters and things required or permitted to be prescribed under or for the purposes of this Act. (3) Regulations made under this section may — ( a ) prescribe the offences under this Act that may be compounded; ( b ) provide that any contravention of any provision of the regulations shall be an offence punishable — (i) with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; but (ii) where the person is a repeat offender — with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 2 years or with both; and ( c ) provide for such saving, transitional, and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Act.


document_id: dca-2022
provision_ref: s46
chapter: PART 6 - MISCELLANEOUS
section: 46
title: Saving and transitional provisions
content:
46. —(1) Despite anything in this Act, every person who — ( a ) immediately before the section 6 start date was carrying on a debt collection business or any debt collection activity in the course of the business; and ( b ) on or after the section 6 start date, would be required under section 6(1) to be authorised to carry on the debt collection business by a licence, may continue carrying on the debt collection business or the debt collection activity on or after the section 6 start date for the period mentioned in subsection (2), if the person has applied for a licence to carry on a debt collection business before the section 6 start date and the application has not been granted, refused or withdrawn before that date. (2) For the purposes of subsection (1), the period is a period ending on the happening of the earlier of the following: ( a ) the date on which the Licensing Officer grants a licence to the person; ( b ) the date that the application for licence is finally refused or withdrawn. (3) Despite anything in this Act, every individual who, immediately before the section 17 start date, was deployed by a person mentioned in subsection (1) (called in this section the principal) as a debt collector of the principal, may continue to be so deployed on or after the section 17 start date for the period mentioned in subsection (4), if the principal has applied for a licence to carry on a debt collection business before the section 17 start date and the application has not been granted, refused or withdrawn before that date. (4) For the purposes of subsection (3), the period is — ( a ) a period ending on the date that the principal’s application for a licence is finally refused or withdrawn; or ( b ) where the Licensing Officer grants a licence to the principal — (i) 3 months after the licence is granted to the principal (now also the licensee); or (ii) if within the period mentioned in sub‑paragraph (i), an application for approval for the licensee to deploy the individual as a debt collector of the licensee is made under section 19 — the period that ends on the happening of the earlier of the following: (A) the date on which the Licensing Officer grants the approval; (B) the date on which the application for approval is finally refused or withdrawn. (5) For a period of 2 years after the commencement of any provision of this Act, the Minister may, by regulations, prescribe additional provisions of a saving or transitional nature consequent on the enactment of the provision that the Minister may consider necessary or expedient. (6) In this section — “section 6 start date” means the date mentioned in section 6(6); “section 17 start date” means the date mentioned in section 17(4).


document_id: dcciio-1949
provision_ref: s1
section: 1
title: Short title
content:
1. This Ordinance may be cited as the Daughters of Charity of the Canossian Institute Incorporation Ordinance 1949.


document_id: dcciio-1949
provision_ref: s2
section: 2
title:
The Mother Superior of the Society of the Daughters of Charity of the Canossian Institute in the Colony of Singapore to be a body corporate

content:
2. —(1) The Reverend Vittoria Garr&#233; the Mother Superior in the Colony of the Society of the Daughters of Charity of the Canossian Institute and her successors in office, shall be a body corporate (hereinafter called “the Corporation”), and shall for the purposes of this Ordinance, have the name of “The Mother Superior of the Daughters of Charity of the Canossian Institute (Singapore)”, and by that name, have perpetual succession, and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed or altered, or made anew as to the Corporation seems fit. (3) The expression “successors in office” shall be deemed to include the First Assistant of the Institute from the time when the office of “The Mother Superior of the Daughters of Charity of the Canossian Institute (Singapore)” becomes vacant by the resignation or death of the holder for the time being, until the formal assumption of office by her successor.


document_id: dcciio-1949
provision_ref: s3
section: 3
title: Power to acquire and dispose of property
content:
3. —(1) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may sell, convey, assign, exchange, surrender, yield up, mortgage, demise, re‑assign, transfer, or otherwise dispose of any movable or immovable property vested in the Corporation upon such terms as to the Corporation seem fit. (2) The Corporation may sue and be sued in respect of such property in any of the Courts of the Colony of Singapore.


document_id: dcciio-1949
provision_ref: s4
section: 4
title: Vesting of property described in Schedule
content:
4. The estates and interests of the respective persons mentioned in the third column of the Schedule in the immovable property set forth and described in the first column of such Schedule are hereby divested, and the same are vested in the Corporation for the estate or interest indicated in the second column of the said Schedule subject to all conditions of tenure incident thereto, and subject also to any trusts by which the same are affected.


document_id: dcciio-1949
provision_ref: s5
section: 5
title: Execution of documents
content:
5. —(1) All deeds and other instruments requiring the seal of the Corporation shall be sealed in the presence of the person who is for the time being Mother Superior in this Colony of the said Society or of her attorney duly authorised and such deeds and instruments and all other documents, instruments and writings requiring the signature of the Corporation shall be signed by such Mother Superior or her attorney. (2) Such signing shall be and be taken as sufficient evidence that the said seal was duly and properly affixed, and that the seal is the lawful seal of the Corporation.


document_id: dcciio-1949
provision_ref: s6
section: 6
title:
Notification of appointment of Mother Superior of the Society of the Daughters of Charity of the Canossian Institute

content:
6. A notification in the Gazette of the appointment of any person to exercise the office of the Mother Superior of the Daughters of Charity of the Canossian Institute (Singapore) shall be conclusive evidence that such person was duly authorised to exercise the said office in the Colony.


document_id: dcciio-1949
provision_ref: s7
section: 7
title: Saving of Government and other rights
content:
7. Nothing in this Ordinance contained shall affect the rights of the Government, all bodies politic and corporate, and all others, except such as are mentioned in this Ordinance and those claiming by, from or under them. [7/97]


document_id: dcoofa-1968
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “affidavit” includes any affirmation, statutory or other declaration, acknowledgment, examination, and attestation or protestation of honour; “consular officer” includes any consul general, consul, vice‑consul, pro‑consul and consular agent of Singapore; “diplomatic officer” includes any ambassador, high commissioner, minister, charge d’affaires, deputy high commissioner, secretary and attache of a diplomatic mission of Singapore; “swear” includes affirm, declare and protest.


document_id: dcoofa-1968
provision_ref: s3
section: 3
title: Powers as to oaths and notarial acts abroad
content:
3. —(1) Every diplomatic officer and consular officer exercising his functions outside Singapore may in that country — ( a ) administer any oath or affirmation; ( b ) take any affidavit; and ( c ) do any notarial acts which any notary public can do in Singapore, and every oath, affirmation, affidavit and notarial act administered, sworn or done by or before any such person shall be as effectual as if duly administered, sworn or done by or before any lawful authority in Singapore. (2) Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal and signature of any person authorised by this section to administer an oath or affirmation in testimony of any oath, affirmation, affidavit or act being administered, taken or done by or before him, shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person. (3) The President may by order direct that so much of subsection (2) as relates to the proof of notarial acts done in any country or place outside Singapore by diplomatic officers and consular officers of Singapore shall apply in relation to notarial acts done by such persons as may be specified in that order, being persons serving in the diplomatic, consular or other foreign service of a Power which, by arrangement with the President, has undertaken to represent the interests of Singapore in any country or place in which Singapore has no diplomatic or consular representatives. (4) For the purposes of this section, “oath” includes any oath required to be taken for the purposes of the Constitution provided that such oath is taken before a diplomatic officer or consular officer who is himself a citizen of Singapore.


document_id: dcoofa-1968
provision_ref: s4
section: 4
title: Power to fix fees
content:
4. The Minister may by order published in the Gazette — ( a ) fix the fees to be taken in respect of any matter or thing done in the execution of his office by a diplomatic officer or consular officer entrusted with consular duties; and ( b ) prescribe the manner in which the fees may be levied, accounted for, applied or remitted.


document_id: dcoofa-1968
provision_ref: s5
section: 5
title: Exhibition of table of fees
content:
5. Every diplomatic officer and consular officer entrusted with consular duties shall exhibit any subsisting order under section 4 prominently in his office and shall permit such order to be inspected by any person wishing to do so at any reasonable time.


document_id: dcoofa-1968
provision_ref: s6
section: 6
title: Excessive or improper fees
content:
6. —(1) Subject to any order made under section 4, a diplomatic officer or consular officer entrusted with consular duties shall not ask for or take any fee or reward for or on account of any act, thing or service done, performed or rendered by him in the execution of his office. (2) Any diplomatic officer or consular officer who acts in contravention of subsection (1) shall, without prejudice to any other liability, be guilty of an offence.


document_id: dcoofa-1968
provision_ref: s7
section: 7
title: Offences
content:
7. Any person who — ( a ) swears falsely in any oath or affidavit taken or made in accordance with the provisions of this Act; ( b ) forges or fraudulently alters the seal or signature of any person authorised by or under this Act to administer an oath; or ( c ) tenders in evidence or otherwise uses any affidavit having any seal or signature so forged or counterfeited or fraudulently altered, knowing the same to be forged, counterfeited or fraudulently altered, shall be guilty of an offence.


document_id: dcoofa-1968
provision_ref: s8
section: 8
title: Penalty
content:
8. Any person who is guilty of an offence shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: dcoofa-1968
provision_ref: s9
section: 9
title: Savings of acts done prior to this Act
content:
9. Any oath, affirmation, affidavit and notarial act administered, sworn or done by any diplomatic officer or consular officer exercising his functions in any country or place outside Singapore prior to 6 January 1969 shall be deemed to have been administered, sworn or done under the provisions of this Act.


document_id: dcoofa-1968
provision_ref: s10
section: 10
title: Consent of Public Prosecutor
content:
10. No prosecution shall be instituted in respect of any offence under this Act without the consent of the Public Prosecutor.


document_id: dcoofa-1968
provision_ref: s11
section: 11
title: Trial of offences
content:
11. Any offence under this Act may, subject to section 10, be inquired into, dealt with, tried and punished in Singapore in the same manner and to the same extent as if the offence had been committed in Singapore.


document_id: dcra-2005
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Vienna Convention on Diplomatic Relations” means the Vienna Convention on Diplomatic Relations adopted in 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities, the English text of which is set out in the First Schedule; “Vienna Convention on Consular Relations” means the Vienna Convention on Consular Relations adopted in 1963 by the United Nations Conference on Consular Relations, the English text of which is set out in the Second Schedule.


document_id: dcra-2005
provision_ref: s3
chapter: PART 2 - DIPLOMATIC RELATIONS
section: 3
title: Application of Vienna Convention on Diplomatic Relations
content:
3. —(1) Subject to this section and section 6, Articles 1, 22, 23, 24 and 27 to 40 of the Vienna Convention on Diplomatic Relations have the force of law in Singapore. (2) In the provisions of the Vienna Convention on Diplomatic Relations mentioned in subsection (1) — ( a ) a reference to agents of the receiving State includes a reference to any police officer and any person exercising a power of entry to any premises under any written law; and ( b ) a reference to a national of the receiving State is a reference to a citizen of Singapore. (3) For the purposes of Article 32 of the Vienna Convention on Diplomatic Relations, a waiver by the head, or any person for the time being performing the functions of the head, of any diplomatic mission of any State is treated as a waiver by that State.


document_id: dcra-2005
provision_ref: s4
chapter: PART 3 - CONSULAR RELATIONS
section: 4
title: Application of Vienna Convention on Consular Relations
content:
4. —(1) Subject to this section and section 6, Articles 1, 5, 15 and 17, paragraphs 1, 2 and 4 of Article 31, Articles 32, 33, 35 and 39, paragraphs 1 and 2 of Article 41, Articles 43, 44, 45 and 48 to 54, paragraphs 2 and 3 of Article 55, paragraph 2 of Article 57, paragraphs 1, 2 and 3 of Article 58 and Articles 60, 61, 62, 66, 67, 70 and 71 of the Vienna Convention on Consular Relations have the force of law in Singapore. (2) In the provisions of the Vienna Convention on Consular Relations mentioned in subsection (1) — ( a ) a reference to authorities of the receiving State includes a reference to any police officer and any person exercising a power of entry to any premises under any written law; ( b ) a reference to a grave crime is a reference to any offence punishable with imprisonment for a term that may extend to 5 years or with a more severe sentence; and ( c ) a reference to a national of the receiving State is a reference to a citizen of Singapore. (3) In paragraph 2 of Article 17 of the Vienna Convention on Consular Relations, the reference to privileges and immunities accorded by customary international law or by international agreements is a reference to privileges and immunities conferred under the International Organisations (Immunities and Privileges) Act 1948. (4) In Article 44 of the Vienna Convention on Consular Relations, the references to matters connected with the exercise of the functions of members of a consular post are references to matters connected with the exercise of consular functions by consular officers or consular employees. (5) For the purposes of Article 45 of the Vienna Convention on Consular Relations and that Article as applied by Article 58 of that Convention, a waiver is treated as having been expressed by a State if it had been expressed by the head, or any person for the time being performing the functions of the head, of the diplomatic mission of that State or, if there is no such mission, of the consular post of that State. (6) The reference in Article 57 of the Vienna Convention on Consular Relations to the privileges and immunities provided in Chapter II of that Convention is a reference to the privileges and immunities provided in Section II of that Chapter. (7) The reference in Article 70 of the Vienna Convention on Consular Relations to the rules of international law concerning diplomatic relations is a reference to Part 2 of this Act.


document_id: dcra-2005
provision_ref: s5
chapter: PART 3 - CONSULAR RELATIONS
section: 5
title: Powers of consular officers in relation to property in Singapore of deceased persons
content:
5. —(1) Subject to subsection (2), where — ( a ) any person who is a national of a State to which this section applies (called in this section a relevant person) — (i) is named as executor in the will of a deceased person disposing of property in Singapore; or (ii) is otherwise a person to whom a grant of representation to the estate in Singapore of a deceased person may be made; ( b ) a consular officer of that State has made an application to the court for a grant of representation to the estate of the deceased person; ( c ) the court is satisfied that the relevant person is not resident in Singapore; and ( d ) no application for a grant of representation has been made by the relevant person or by any person duly authorised under a power of attorney to act for the relevant person in that behalf, the court must make to the consular officer such grant of representation to the estate of the deceased person as the court would have made had the consular officer been authorised by the relevant person in accordance with paragraph ( d ). (2) The court may, if it thinks fit, postpone the making of a grant under subsection (1) during such period as the court considers appropriate having regard to the circumstances of the case. (3) Subsections (4) and (5) apply where a relevant person is not resident in Singapore and — ( a ) is entitled to payment or delivery of any money or property — (i) in respect of any interest in the estate of a deceased person; or (ii) vesting in possession on the death of any person; ( b ) is entitled to payment of any money becoming due on the death of any person; or ( c ) is a person to whom any money or property comprised in the estate of a deceased person may be paid or delivered under any written law authorising the payment or delivery of such money or property without representation to the estate of the deceased person being granted. (4) A consular officer of the State of which the relevant person is a national has the like right and power to receive and give a valid discharge for any money or property mentioned in subsection (3) in Singapore as if the consular officer were duly authorised by a power of attorney to act for the relevant person in that behalf. (5) Despite subsection (4), no person is authorised or required by that subsection to pay or deliver any money or property to a consular officer if the person has knowledge that any other person in Singapore has been expressly authorised to receive that money or property on behalf of the relevant person. (6) A grant of administration made under this section may be made to the consular officer by the official title, and to the successors in title, of the consular officer, and where a grant is so made — ( a ) the office of administrator and all the estate, rights, duties and liabilities of the administrator (including liabilities under the administration bond) vest in and are imposed on the person for the time being holding the office; and ( b ) no fresh grant is required by reason only of the death or vacation of office of the person to whom the grant was made or in whom it is vested. (7) Subsection (6) does not affect any limitation contained in the grant of administration or any power of the court to revoke the grant. (8) Despite section 6(2) of the Probate and Administration Act 1934 (which provides that in the case of a minority or a life interest, letters of administration must be granted either to a trust corporation or to not less than 2 individuals) — ( a ) letters of administration of an estate may in any case be granted under this section to a consular officer alone; and ( b ) section 6(4) of that Act (which provides for the appointment of additional personal representatives in the case of a minority or a life interest) does not apply in any case where the existing personal representative is a consular officer appointed under this section. (9) Without affecting section 29(3) of the Probate and Administration Act 1934 (which enables the court or the registrar of the Family Justice Courts to dispense with sureties to administration bonds in certain cases), no surety is required to an administration bond given by a consular officer upon the grant of letters of administration under this section. [27/2014] (10) This section does not affect sections 59, 60 and 61 of the Probate and Administration Act 1934. (11) Despite section 4(1), a consular officer is not entitled to any privilege or immunity in respect of — ( a ) any act done by virtue of powers conferred on the consular officer by this section or by section 59 of the Probate and Administration Act 1934; or ( b ) any document for the time being in the consular officer’s possession relating thereto. (12) The Minister may, by order in the Gazette , direct that this section applies to any State specified in the order, being a State with which a consular convention providing for the matters mentioned in this section has been concluded with Singapore. (13) Any order made under subsection (12) is to be presented to Parliament as soon as possible after publication in the Gazette . (14) In this section, “consular officer” means a consul general, consul, vice-consul or consular agent representing a State to whom an exequatur or provisional or other authorisation to perform consular functions has been granted.


document_id: dcra-2005
provision_ref: s6
chapter: PART 4 - GENERAL
section: 6
title: Privileges and immunities
content:
6. —(1) Where the Minister is satisfied that the privileges and immunities accorded to a Singapore diplomatic mission in any State, or to persons connected with that mission, are less than the privileges and immunities conferred by Part 2 on the diplomatic mission of that State, or on persons connected with that mission, the Minister may, by order in the Gazette , withdraw all or any of the privileges and immunities so conferred from the mission of that State or from such persons connected with it, as the Minister considers to be proper. (2) Where the Minister is satisfied that the privileges and immunities accorded to a Singapore consular post in any State, or to persons connected with that consular post, are less than the privileges and immunities conferred by Part 3 on a consular post of that State, or on persons connected with that consular post, the Minister may, by order in the Gazette , withdraw all or any of the privileges and immunities so conferred from all or any of the consular posts of that State or from such persons connected therewith, as the Minister considers to be proper. (3) The Minister may, by order in the Gazette , extend any privilege or immunity conferred by Part 2 or 3 to such person or class of persons as the Minister considers to be proper. (4) Any order made under this section is to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: dcra-2005
provision_ref: s7
chapter: PART 4 - GENERAL
section: 7
title: Evidence
content:
7. A certificate issued by or on behalf of the Minister is conclusive evidence on any question whether any person is entitled to any privilege or immunity under this Act.


document_id: dcra-2005
provision_ref: s8
chapter: PART 4 - GENERAL
section: 8
title: Regulations
content:
8. —(1) The Minister may make such regulations as are necessary or expedient for carrying out the purposes of this Act. (2) Any regulations made under this section is to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: dea-1934
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless there is anything repugnant in the context — “court” means the General Division of the High Court or a judge when sitting in open court in all cases where proceedings are taken in the General Division of the High Court and means the District Court or a District Judge when sitting in open court, in all cases where proceedings are taken in a District Court; “judge” means a judge sitting in chambers in all cases where proceedings are taken in the General Division of the High Court and means a District Judge sitting in chambers in all cases where proceedings are taken in a District Court; “judgment” includes any order for the payment of money. [40/2019] PART 1 ARREST, EXAMINATION AND IMPRISONMENT OF
JUDGMENT DEBTORS


document_id: dea-1934
provision_ref: s3
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 3
title: Arrest of judgment debtor
content:
3. Where a judgment for the payment of money remains wholly or in part unsatisfied, whether or not an enforcement order has issued, the court or a judge may order the debtor to be arrested and brought before the court forthwith for examination as hereinafter provided, if it appears to the court or judge that there is probable reason for believing, having regard to his conduct, or the state of his affairs, or otherwise, that he is likely to leave Singapore with a view to avoiding payment of such money or to avoiding examination in respect of his affairs. [Act 25 of 2021 wef 01/04/2022]


document_id: dea-1934
provision_ref: s4
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 4
title: Examination of debtor
content:
4. —(1) The examination referred to in section 3 shall be an oral examination of the debtor before the court respecting his ability to pay or satisfy the judgment or so much thereof as remains due, and shall be conducted in the manner and subject to any rules for the time being prescribed for the examination of a debtor by way of discovery in aid of enforcement or under section 25. [Act 25 of 2021 wef 01/04/2022] Adjournment of examination and security for further attendance (2) If the examination is adjourned, the court may order the debtor to be committed to the civil prison until the adjourned hearing, or until such time as he furnishes security in an amount to be named in the order for his appearance at the adjourned hearing.


document_id: dea-1934
provision_ref: s5
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 5
title: Interim order for protection of debtor’s property
content:
5. The court may, upon an examination under this Part, make any interim order which it may consider expedient for the protection of any property appearing likely to be available for the discharge of the judgment debt.


document_id: dea-1934
provision_ref: s6
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 6
title: Powers of court on examination
content:
6. —(1) On the conclusion of the examination, the court may commit the debtor to the civil prison for a term which may extend to 6 weeks or until earlier payment of the judgment debt, or may order that the judgment debt be paid by instalments of such amount and at such times as it thinks fit. (2) Subject to any rules of court made under or having effect by virtue of the Supreme Court of Judicature Act 1969, an order for the payment of instalments under this section shall not be a bar to proceedings in enforcement unless and except to the extent that the court so directs. [Act 25 of 2021 wef 01/04/2022] Failure to comply with order for instalments (3) If the debtor makes default in the payment of any instalment ordered to be paid under subsection (1), the judgment creditor may apply in such manner as may be prescribed by rules of court made under or having effect by virtue of the Supreme Court of Judicature Act 1969 for a notice in the prescribed form, to be issued from the court office, calling upon the debtor to attend before the court at a time named in the notice, and to show cause why he should not be committed to prison for such default and may cause such notice to be served personally upon him; and if on the day so named, or any subsequent day to which the matter may be adjourned, no sufficient cause is shown by the debtor, the court may commit him to the civil prison for a term which may extend to 6 weeks or until earlier payment of any instalment or instalments due. (4) A debtor shall not be committed to prison under this section unless it appears that he has, since the date of the judgment or of the order directing payment by instalments, had sufficient means to pay the judgment or comply with the order, as the case may be.


document_id: dea-1934
provision_ref: s7
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 7
title: Rules
content:
7. Rules of court may be made under the Supreme Court of Judicature Act 1969 for the following purposes: ( a ) to require the deposit by the person at whose instance any order for arrest or imprisonment is issued, of a sum of money to provide for the expense of bringing the debtor before the court and the subsistence of the debtor while in prison; ( b ) to regulate any matter incidental to such deposit.


document_id: dea-1934
provision_ref: s8
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 8
title: Arrest or commitment to be dependent on deposit of expenses
content:
8. —(1) Where under any rules for the time being in force the judgment creditor is required to deposit money to provide for the expense of bringing the debtor before the court, the debtor shall not be arrested until such deposit has been made; and where the judgment creditor is required to deposit money to provide for the subsistence of the debtor while in prison, the committal order shall not be executed until such deposit has been made. [Act 25 of 2021 wef 01/04/2022] (2) Where any further deposit is required during any period of imprisonment under this Part, the court or a judge may, if such deposit is not duly made, order that the debtor be discharged from prison.


document_id: dea-1934
provision_ref: s9
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 9
title: Expenses to be judgment debt
content:
9. Unless in any case the court otherwise orders, the costs and expenses of and incidental to the arrest and imprisonment of any judgment debtor under this Act shall be added to the judgment debt and be recoverable accordingly.


document_id: dea-1934
provision_ref: s10
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 10
title: Commitment of defaulting trustee, etc.
content:
10. —(1) Where the court is satisfied that there has been default by a trustee or person acting in a fiduciary capacity in payment into court of any sum in his possession or under his control, the court may commit such trustee or person to prison for a term which may extend to 6 months: Provided that no such committal shall be ordered, if it appears to the court that the trustee or person aforesaid has acted innocently in the matter. (2) Upon payment of the amount due the prisoner shall be immediately released.


document_id: dea-1934
provision_ref: s11
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 11
title: Discharge or suspension of order
content:
11. The court or a judge may discharge or vary any order made under this Part, or may suspend its operation.


document_id: dea-1934
provision_ref: s12
chapter: PART 1 - ARREST, EXAMINATION AND IMPRISONMENT OF
section: 12
title: Imprisonment not to operate as satisfaction
content:
12. No imprisonment under this Act shall operate to satisfy or extinguish any debt, or deprive any person of any right to issue an enforcement order against the property of the debtor. [Act 25 of 2021 wef 01/04/2022]


document_id: dea-1934
provision_ref: s13
chapter: PART 2 - ARREST BEFORE JUDGMENT
section: 13
title: Where defendant may be required to furnish security for appearance
content:
13. —(1) If at any stage of any action, other than an action for the possession of immovable property, against a defendant who carries on business or ordinarily resides within the jurisdiction, the claimant satisfies the court or a judge by evidence upon oath that he has a good cause of action against the defendant, and that the defendant, with intent to prejudice the claimant, or to avoid any process of the court, or to obstruct or delay the enforcement of any judgment that may be made against him — ( a ) has absconded or left Singapore; ( b ) is about to abscond or leave Singapore; or ( c ) has disposed of or removed from Singapore his property or any part thereof, the court or judge may issue an order to arrest the defendant and bring him before the court or a judge to show cause why he should not furnish security for his appearance: Provided that the defendant shall not be arrested if he pays to the officer entrusted with the enforcement of the order any sum specified in the order as sufficient to satisfy the claimant’s claim. Such sum shall be held in deposit by the court until the action is disposed of or until further order. [Act 25 of 2021 wef 01/04/2022] (2) Where the defendant fails to show such cause, the court or judge shall order him either to deposit in court money or other property sufficient to answer the claim against him or to furnish security for his appearance at any time when called upon while the action is pending and until satisfaction of any order that may be made against him in the action, or shall make such order as it thinks fit with regard to the sum which may have been paid by the defendant under the proviso to subsection (1). (3) Every surety for the appearance of a defendant shall bind himself to pay, in default of such appearance, any sum of money which the defendant may be ordered to pay in the action.


document_id: dea-1934
provision_ref: s14
chapter: PART 2 - ARREST BEFORE JUDGMENT
section: 14
title: Procedure on application by surety to be discharged
content:
14. —(1) A surety for the appearance of a defendant may at any time apply to the court or a judge to be discharged from his obligation and on such application the court or judge shall summon the defendant to appear, or may issue an order for his arrest. (2) On the appearance of a defendant pursuant to any such summons or order, the court or judge shall discharge the surety from his obligation and call upon the defendant to furnish fresh security.


document_id: dea-1934
provision_ref: s15
chapter: PART 2 - ARREST BEFORE JUDGMENT
section: 15
title: Procedure where defendant fails to furnish security or find fresh security
content:
15. —(1) Where the defendant fails to comply with any order under section 13 or 14, the court or a judge may order that he be detained in the civil prison until the decision of the action. (2) No person shall be detained in prison under this section — ( a ) in any case for a period longer than 6 weeks; or ( b ) after he has complied with such order.


document_id: dea-1934
provision_ref: s16
chapter: PART 2 - ARREST BEFORE JUDGMENT
section: 16
title: Application by defendant
content:
16. A defendant may, at any time after his arrest, apply to the court or a judge to rescind or vary the order made thereunder, or discharge him from custody, and the court or judge may make such order as is just.


document_id: dea-1934
provision_ref: s17
chapter: PART 3 - ATTACHMENT OF PROPERTY BEFORE JUDGMENT
section: 17
title: Seizure of property before judgment
content:
17. —(1) If it is shown to the satisfaction of the court or a judge, at any time after the issue of an originating claim, by evidence on oath, that the claimant has a good cause of action against the defendant, and — ( a ) that the defendant is absent from Singapore and his place of abode cannot be discovered; ( b ) that service of an originating claim cannot without great delay or difficulty be effected; or [Act 25 of 2021 wef 01/04/2022] ( c ) that the defendant, with intent to obstruct or delay the enforcement of any judgment which has been or may be made against him, has removed, or is about to remove, or has concealed, or is concealing, or making away with, or handing over to others, any of his movable or immovable property, the court or judge may order that the property of the defendant, or any part thereof, be forthwith seized by the Sheriff of the Supreme Court as a pledge or surety to answer the just demand of the claimant, until the trial of the action and satisfaction of any judgment that may be made against the defendant; but such order shall not constitute the claimant a secured creditor if the defendant is adjudicated bankrupt. [Act 25 of 2021 wef 01/04/2022] (2) Any property of the defendant, if in the custody of any officer in the service of the Government, or of any member of the Singapore Armed Forces or of any visiting forces lawfully present in Singapore, in his official capacity shall be seized under subsection (1) only with the consent in writing of the Attorney‑General. (3) If any immovable property is seized under this section, the Sheriff shall forthwith cause the order to be registered under the Registration of Deeds Act 1988, the Land Titles Act 1993 or the Land Titles (Strata) Act 1967. (4) In a case where the land is subsequently seized under or pursuant to an enforcement order in satisfaction of judgment in the action, the order of court registered pursuant to such seizure shall have priority as though it had been registered upon the date on which the order registered under this section was registered. [Act 25 of 2021 wef 01/04/2022]


document_id: dea-1934
provision_ref: s18
chapter: PART 3 - ATTACHMENT OF PROPERTY BEFORE JUDGMENT
section: 18
title: Court may release property
content:
18. The court or a judge may at any time, on reasonable cause being shown and upon such terms, if any, as to security or otherwise as seem just, release the property seized and order any movable property to be returned.


document_id: dea-1934
provision_ref: s19
chapter: PART 3 - ATTACHMENT OF PROPERTY BEFORE JUDGMENT
section: 19
title: Order for sale of perishable goods
content:
19. The court or a judge may, at any time pending the trial of the action, order the sale of any property seized under this Part which is of a perishable nature, or which for any other reason it is desirable to sell without delay, and direct the proceeds of such sale to be retained by the Sheriff or paid into court pending the trial of the action.


document_id: dea-1934
provision_ref: s20
chapter: PART 3 - ATTACHMENT OF PROPERTY BEFORE JUDGMENT
section: 20
title: Property liable to being taken under or pursuant to enforcement order but subject to prior claims
content:
20. Any property so seized, or the proceeds of sale thereof, shall be liable to being taken under or pursuant to an enforcement order in satisfaction of any judgment in the action against the defendant; but it shall be subject to the prior claims of any judgment creditor whose judgment was obtained within one year before the seizure thereof under this Part if the judgment creditor had obtained an enforcement order against the defendant’s property before the making of any order under this Part. [Act 25 of 2021 wef 01/04/2022]


document_id: dea-1934
provision_ref: s21
chapter: PART 4 - DAMAGES FOR IMPROPER ARREST OR ATTACHMENT
section: 21
title: Compensation for improper arrest or attachment
content:
21. —(1) If at any subsequent stage of an action in which an order for arrest or attachment of property has been made under this Act it appears to the court that such arrest or attachment was applied for on insufficient grounds, or if the claimant’s claim is dismissed and it appears to the court that there was no sufficient ground for instituting the action, the court may, on the application of the defendant, award against the claimant such amount, not exceeding $500, as it thinks reasonable to compensate the defendant for any injury caused to him by the arrest or attachment. [Act 25 of 2021 wef 01/04/2022] (2) An award under this section shall bar any action for damages, but nothing in this section shall preclude the defendant from maintaining an action for damages instead of applying for an award under subsection (1).


document_id: dea-1934
provision_ref: s22
chapter: PART 5 - APPLICATION TO DISTRICT COURTS
section: 22
title: Part 1 applies to District Courts, except section 10
content:
22. The provisions of Part 1, with the exception of section 10, shall apply to District Courts, with all necessary modifications, and the powers thereby conferred may be exercised by District Judges and the bailiffs of District Courts in accordance with any rules for the time being in force in the District Courts.


document_id: dea-1934
provision_ref: s23
chapter: PART 5 - APPLICATION TO DISTRICT COURTS
section: 23
title: Parts 2, 3 and 4 to apply to District Courts
content:
23. —(1) District Courts shall have the powers of ordering arrest and attachment before judgment given in Parts 2 and 3 with the same effects and consequences: Provided that any attachment ordered shall extend only to property liable to be seized under a District Court enforcement order for seizure and sale of property. [Act 25 of 2021 wef 01/04/2022] (2) The provisions of Part 4 apply to District Courts with all necessary modifications, and the powers thereby conferred may be exercised by District Courts.


document_id: dea-1934
provision_ref: s24
chapter: PART 5 - APPLICATION TO DISTRICT COURTS
section: 24
title: Judgment debtor summons
content:
24. —(1) Where a judgment or an order of a District Court is for the recovery or payment of money, whether by instalments or otherwise, the party entitled to enforce it (hereinafter called the judgment creditor) may, subject to such rules as may be prescribed, summon the judgment debtor or, if the judgment debtor is a corporation, an officer of that corporation, to be orally examined before that District Court respecting the judgment debtor’s ability to pay or satisfy the judgment debt and for the discovery of property applicable to such payment and as to the disposal which the judgment debtor has made of such property. Production of books and papers (2) The judgment debtor or, where the judgment debtor is a corporation, the officer thereof, who has been summoned shall, when called upon, produce all books, papers or documents in his possession or power relating to such property. Order to attend court (3) The judgment creditor may issue an order to attend court against any person whom he considers likely to be able to supply information respecting the judgment debtor’s ability to pay the judgment debt or respecting his property. [Act 25 of 2021 wef 01/04/2022] Judgment debtor not appearing (4) Whether the judgment debtor or, where the judgment debtor is a corporation, the officer thereof, appears or not, the judgment creditor and other witnesses may be examined on oath respecting the matters aforesaid. (5) If the judgment debtor or, where the judgment debtor is a corporation, the officer thereof, having been duly served does not appear, the court may — ( a ) order him to be arrested and brought before the court to be examined; or ( b ) make an order against the judgment debtor in the absence of the judgment debtor. [Act 25 of 2021 wef 01/04/2022] Order (6) Upon such examination or non-appearance referred to in subsection (5), the court may order the judgment debtor to pay the judgment debt either — ( a ) in one sum whether forthwith or within such period as the court may fix; or ( b ) by such instalments payable at such times as the court may fix. Failure to comply with order and notice to show cause (7) If the judgment debtor makes default in payment according to any such order, a notice in the prescribed form may be issued on the request of the judgment creditor, calling upon the judgment debtor to attend before the court at a time stated in the notice and show cause why he should not be committed to prison for such default. Commitment to prison (8) Such notice shall be personally served upon the judgment debtor, and if, on the day so named, or on any subsequent day to which the matter may be adjourned, no sufficient cause is shown by the judgment debtor, the court may commit him to the civil prison for a term which may extend to 6 weeks or until earlier payment of any instalment or instalments or other sum due. (9) A debtor shall not be committed to prison under this section unless it appears that, since the date of the order directing payment, whether forthwith, or within a specified period or by instalments, he has had sufficient means to comply with the order. Power to discharge, vary or suspend order (10) A District Court may discharge or vary any order made under this section, or may suspend its operation. Powers of Registrar of State Courts (11) Subject to the Rules of Court and notwithstanding anything in section 2, the powers conferred by subsections (5) and (6) may be exercised by the Registrar of the State Courts sitting in open court.


document_id: dea-1934
provision_ref: s25
chapter: PART 5 - APPLICATION TO DISTRICT COURTS
section: 25
title: Power of District Judge to order discharge of debtor
content:
25. —(1) If at any time it appears to the satisfaction of a District Judge that any debtor arrested or confined in prison by order of the District Court is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of a claim or counterclaim or by way of costs or otherwise), or any instalment thereof, and ought to be discharged, the District Judge may order his discharge upon such terms (including liability to rearrest if the terms are not complied with) as the District Judge thinks fit. (2) Where an order of commitment issued by one District Court has been sent to another District Court for execution, the judge of that other court shall have the same power as the judge of the court in which the order of commitment was made of ordering the discharge of the debtor under this section.


document_id: dea-1934
provision_ref: s26
chapter: PART 6 - FRAUDULENT DEBTORS
section: 26
title: Debts incurred by fraud
content:
26. Where a debtor makes any composition or arrangement with his creditors, he shall remain liable for the unpaid balance of any debt which he incurred or increased by any fraud, or for which before the date of the arrangement or composition he obtained forbearance by any fraud, provided the defrauded creditor has not assented to the arrangement or composition otherwise than by proving his debt and accepting dividends.


document_id: dea-1934
provision_ref: s27
chapter: PART 6 - FRAUDULENT DEBTORS
section: 27
title: Penalty for fraudulently obtaining credit, etc.
content:
27. Any person shall in each of the following cases be guilty of an offence and be punished with imprisonment, which may extend to one year, or with fine or with both: ( a ) if in incurring any debt or liability he has obtained credit under false pretences or by means of any other fraud; ( b ) if he has, with intent to defraud his creditors or any of them, made or caused to be made any gift, delivery or transfer of or any charge on his property; ( c ) if he has, with intent to defraud his creditors or any of them, concealed or removed any part of his property since or within 2 months before the date of any unsatisfied judgment or order for payment of money obtained against him.


document_id: dfa-1959
provision_ref: s1
section: 1
title: Short title
content:
1. —(1) This Act is the Development Fund Act 1959. (2) Nothing in this Act shall be deemed to affect the legality of any expenditure incurred before 14 September 1959.


document_id: dfa-1959
provision_ref: s2
section: 2
title: Development Fund
content:
2. There shall be in and for Singapore a Development Fund into which, subject to the provisions of any other written law, shall be paid — ( a ) all moneys from time to time appropriated and authorised to be paid into the Development Fund by this Act or by any other written law; ( b ) all sums representing the proceeds of any loan raised by Singapore for the purposes of the Development Fund and appropriated to such purposes by the law authorising the raising of the loan; ( c ) all loans or grants from time to time made to Singapore for the purposes of or properly allocable to the Development Fund; ( d ) all revenues of Singapore allocated to the Development Fund; ( e ) all interest on investments of moneys in the Development Fund authorised to be made by this Act or by any other written law, and all profits arising from the realisation of any such investments; and ( f ) all sums representing repayments of any loans made from the Development Fund, or payments of interest on such loans.


document_id: dfa-1959
provision_ref: s3
section: 3
title: Application of moneys in Development Fund
content:
3. Subject to section 5, the moneys in the Development Fund shall be applied only to the purposes or any one or more thereof specified in the Schedule and in accordance with a Supply or Supplementary Supply law appropriating and directing the expenditure of such moneys. [15/2021]


document_id: dfa-1959
provision_ref: s4
section: 4
title: Payment of moneys from Development Fund
content:
4. —(1) The Minister may, by warrant, authorise the issue of any sum from the Development Fund to meet expenditure appropriated by a Supply or Supplementary Supply law. [Act 3 of 2024 wef 26/02/2024] (2) If it appears to the Minister to be necessary to alter the proportion assigned to any of the subheads of any head of expenditure appropriated by a Supply or Supplementary Supply law, or to create a new subhead, the Minister may, by warrant, authorise the transfer of a further sum out of any surplus arising on any other subhead of the same head, in aid of any subhead which may be deficient or of any new subhead except that the amount appropriated under any head of expenditure by a Supply or Supplementary Supply law shall not be thereby exceeded. [Act 3 of 2024 wef 26/02/2024]


document_id: dfa-1959
provision_ref: s5
section: 5
title: Nationally significant infrastructure expenditure
content:
5. —(1) All sums borrowed under the Significant Infrastructure Government Loan Act 2021 and which are paid into the Development Fund may be applied only to meet nationally significant infrastructure expenditure within the meaning of section 11 of that Act. [15/2021] (2) To avoid doubt, subsection (1) does not prevent authorising the issue of any sum from the Development Fund and applying the money to meet an estimate of any nationally significant infrastructure expenditure within the meaning of section 11 of the Significant Infrastructure Government Loan Act 2021 on a provisional basis. [15/2021]


document_id: dfa-1959
provision_ref: s6
section: 6
title: Contingencies Fund
content:
6. —(1) A Contingencies Fund is hereby created consisting of moneys from time to time appropriated thereto from the Development Fund. (2) The Minister may, if he is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists and for which funds cannot be provided under section 4(2), and if the President, acting in his discretion, concurs with the making of an advance for such need, make advances from the Contingencies Fund to meet such need. [Act 3 of 2024 wef 26/02/2024] (2A) An advance under subsection (2) must be authorised by a warrant issued under the authority of the Minister. [Act 19 of 2025 wef 05/12/2025] (3) Where any advance is made by virtue of the authority conferred under subsections (2) and (2A), a supplementary estimate of the sum required to replace the amount so advanced shall, as soon as practicable, be presented to and voted on by Parliament and the sum shall be included in a Supplementary Supply or Final Supply law. [Act 19 of 2025 wef 05/12/2025]


document_id: dgmeao-1939
provision_ref: s1
section: 1
title: Short title
content:
1. This Ordinance may be cited as the District Grand Master of the Eastern Archipelago Ordinance 1939.


document_id: dgmeao-1939
provision_ref: s2
section: 2
title: The District Grand Master of the Eastern Archipelago to be a body corporate
content:
2. —(1) Wilberforce Henry William Gubbins by patent of appointment from the Grand Master of the United Grand Lodge of Ancient Free and Accepted Masons of England the District Grand Master of the Eastern Archipelago and his successors in office so authorised and appointed shall be a body corporate (hereinafter called “the Corporation”) and shall have the name — “The District Grand Master of the Eastern Archipelago” and by that name have perpetual succession and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered and made anew as to the Corporation seems fit.


document_id: dgmeao-1939
provision_ref: s3
section: 3
title: Power to acquire and dispose of property
content:
3. —(1) The Corporation may acquire, purchase, take, hold, and enjoy movable and immovable property of every description and whether situate in the Colony or elsewhere soever and either by way of gift or for valuable consideration or partly in one way and partly in the other, and may sell, convey, assign, surrender, yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of any movable or immovable property vested in the Corporation upon such terms as to the Corporation seem fit. (2) The Corporation may either alone or in conjunction with any other person or persons whether incorporated or not accept and administer and either in the capacity of an operative or as a custodian trustee any trust express or implied and notwithstanding anything to the contrary contained in section 15 of the Trustees Act 1967 whenever any immovable property is vested in the Corporation as sole trustee upon trust for sale or with power of sale the Corporation shall have the right to give valid receipts for the proceeds of sale or other capital money arising from such property.


document_id: dgmeao-1939
provision_ref: s4
section: 4
title: Property vested in Corporation to be held upon trust
content:
4. —(1) All movable and immovable property held by any person or body of persons in trust for the purposes of Free Masonry in general or of any Lodge or body of Masons in particular that shall be assigned, conveyed or transferred to the Corporation shall be held by the Corporation upon and for or according to such trusts. (2) All movable and immovable property that shall come into or at any time be in the possession of the Corporation which shall not be impressed with any trust express or implied shall be held by the Corporation upon trust for the benefit of Free Masonry in general or for such charitable uses as are peculiar to the fraternity of Free and Accepted Masons as the Corporation shall, subject to the general laws and regulations for the Government of the Craft, from time to time direct or appoint.


document_id: dgmeao-1939
provision_ref: s5
section: 5
title: Purchaser from Corporation not affected by implied trusts
content:
5. Notwithstanding the trusts declared in section 4 hereof all movable and immovable property that shall from time to time be vested in the Corporation shall subject to the terms of the instrument of trust (if any) affecting the same be nevertheless deemed to be so vested that in favour of any purchaser from and any person dealing with the Corporation the Corporation shall have full power to sell, convey, assign, surrender, yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of such property as fully and effectually as if the Corporation were the true and beneficial owner thereof.


document_id: dgmeao-1939
provision_ref: s6
section: 6
title: Use of corporate seal
content:
6. —(1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the District Grand Master of the Eastern Archipelago for the time being or his attorney duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886 and shall also be signed by the said District Grand Master for the time being or his attorney so authorised as aforesaid. (2) Such signing shall be and be taken as sufficient evidence that the said seal was duly and properly affixed and that the same is the lawful seal of the Corporation.


document_id: dgmeao-1939
provision_ref: s7
section: 7
title: Notification of appointment of District Grand Master
content:
7. A notification in the Gazette of the appointment of any person to exercise the office of District Grand Master of the Eastern Archipelago shall be conclusive evidence that such person was duly authorised to exercise the said office.


document_id: difa-2000
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “developmental purpose” means — ( a ) to promote, assist in or facilitate the establishment, development or expansion of any industry or class of business enterprise that will enhance, directly or indirectly, economic growth and employment opportunities in Singapore, that enjoys good export market prospects or that will enhance Singapore’s international competitiveness; ( b ) to construct, improve, extend or replace any buildings, building or engineering works, plant, machinery, equipment or other infrastructure required in respect of or connected with the economic development or general welfare of Singapore; ( c ) to reclaim or develop any land in Singapore or to commercially exploit or apply any scientific knowledge or technology; or ( d ) to promote, assist or facilitate any research, survey, investigation or other work preparatory to any purpose referred to in paragraph ( a ), ( b ) or ( c ); “financial year”, in relation to the Fund, means a period of 12 months ending on 31 March in any year; “Fund” means the Developmental Investment Fund established under section 3; “invest” includes entering into a transaction or an arrangement for the protection or enhancement of investments; “Minister” means the Minister charged with the responsibility for finance; “property” means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; “public authority” means any board or authority established by or under any written law to perform or discharge any public function; “responsible Minister” has the meaning given by section 6(1); “securities” includes shares, inscribed stock, debentures, bonds, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness. [Act 35 of 2021 wef 31/01/2022] [ Deleted by Act 35 of 2021 wef 31/01/2022 ]


document_id: difa-2000
provision_ref: s3
chapter: PART 2 - DEVELOPMENTAL INVESTMENT FUND
section: 3
title: Establishment of Developmental Investment Fund
content:
3. —(1) A fund called the Developmental Investment Fund is established, into which must be paid — ( a ) all moneys from time to time appropriated from the Consolidated Fund and authorised to be paid into the Fund by this Act or any other written law; ( b ) [ Deleted by Act 35 of 2021 wef 31/01/2022 ] ( c ) all other revenues of Singapore allocated by any written law to the Fund; and ( d ) the net income from investments of moneys in the Fund authorised to be made by this Act or any other written law. (2) The Fund must be regarded as a Government fund and as comprising public moneys for the purposes of any other written law. (3) For the purposes of subsection (1)( d ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Fund any profit derived or loss sustained (as the case may be) from the realisation of those investments.


document_id: difa-2000
provision_ref: s4
chapter: PART 2 - DEVELOPMENTAL INVESTMENT FUND
section: 4
title: Purposes of Fund
content:
4. —(1) The moneys in the Fund may be withdrawn and applied for all or any of the following purposes only: ( a ) to invest in, subscribe for or acquire any securities in any public authority, corporation or body corporate for any developmental purpose; ( b ) to form or to participate in the formation of any company for any developmental purpose; ( c ) to invest in any funds or property (whether within or outside Singapore) for any developmental purpose; ( d ) to pay any charges, fees or expenses incidental to or arising from carrying out any of the activities in paragraphs ( a ), ( b ) and ( c ); ( e ) to pay any expenses mentioned in section 7. (2) Section 7(3) of the Financial Procedure Act 1966 does not apply to the application of any moneys in the Fund in accordance with subsection (1)( a ), ( b ) or ( c ).


document_id: difa-2000
provision_ref: s5
chapter: PART 2 - DEVELOPMENTAL INVESTMENT FUND
section: 5
title: General responsibility for Fund
content:
5. —(1) The Minister is responsible for the control, supervision and management of all moneys of the Fund not assigned to any responsible Minister under section 6(1). (2) Despite the assignment of any part of the moneys in the Fund to any responsible Minister under section 6(1), the Minister remains overall responsible for the control, supervision and management of the Fund.


document_id: difa-2000
provision_ref: s6
chapter: PART 2 - DEVELOPMENTAL INVESTMENT FUND
section: 6
title: Responsible Ministers in charge of accounts in Fund
content:
6. —(1) The Minister may, if it appears to him or her expedient in the interests of the improved management and sound and more efficient investment of any part of the moneys in the Fund, by order direct that, as of a date appointed in that order, an account within the Fund be established comprising those moneys and placed under the control, supervision and management of a Minister who is assigned in that order (called in this Act the responsible Minister). (2) In discharging his or her functions in relation to the Fund or an account established under subsection (1), it is the duty of the Minister or responsible Minister, as the case may be — ( a ) to manage the Fund or account (as the case may be) so that the revenue of the Fund or account is not less than sufficient to meet expenses which are properly chargeable to the Fund or account; ( b ) to establish and adhere to investment policies, and adopt standards and procedures that a reasonable prudent person would apply to a portfolio of investments to avoid undue risk of loss and to obtain a reasonable return; and ( c ) in the case of the responsible Minister, to achieve any specific developmental objectives that the Minister may by order under subsection (1), after consultation with the responsible Minister, determine to be desirable of achievement.


document_id: difa-2000
provision_ref: s7
chapter: PART 2 - DEVELOPMENTAL INVESTMENT FUND
section: 7
title: Expenses
content:
7. —(1) All expenses incidental to or arising from the administration, investment and management of moneys in the Fund or any account established under section 6(1) are charged upon and payable out of the Fund or account, as the case may be. (2) [ Deleted by Act 35 of 2021 wef 31/01/2022 ]


document_id: difa-2000
provision_ref: s8
chapter: PART 2 - DEVELOPMENTAL INVESTMENT FUND
section: 8
title: Fund surpluses
content:
8. —(1) The Minister may, by warrant under his or her hand, authorise the transfer to the Consolidated Fund any moneys in the Fund which, in the opinion of the Minister, are not immediately required to meet the liabilities or the purposes of the Fund. (2) The Minister may, after consulting the relevant responsible Minister, at any time by warrant under his or her hand direct the transfer to the Fund of all or any moneys from any account established under section 6(1) under the charge of that responsible Minister.


document_id: difa-2000
provision_ref: s9
chapter: PART 2 - DEVELOPMENTAL INVESTMENT FUND
section: 9
title: Withdrawals
content:
9. —(1) Moneys must not be withdrawn from the Fund or any account established under section 6(1) unless they are charged upon the Fund or are authorised or directed to be withdrawn or transferred under this Act. (2) A payment must not be made out of the Fund unless the payment is authorised by the Minister or, in the case of moneys in an account established under section 6(1), unless the payment is authorised by the responsible Minister in charge of that account.


document_id: difa-2000
provision_ref: s17
chapter: PART 4 - MISCELLANEOUS
section: 17
title: Accounts to be kept
content:
17. —(1) The Minister must — ( a ) cause to be kept proper accounts and records of all transactions and affairs relating to the Fund; ( b ) do all things necessary to ensure that all payments out of the Fund are correctly made and properly authorised; and ( c ) ensure that adequate control is maintained over the assets and receipts of the Fund. (2) Every responsible Minister has the same responsibilities as specified in subsection (1) in relation to all moneys in the account established under section 6(1) under his or her charge. (3) Every responsible Minister must appoint a public officer or an officer of any public authority to be an accounting officer for the account established under section 6(1) under the responsible Minister’s charge, with responsibility for keeping proper accounts and records in relation to that account, and preparing and signing a statement of the accounts in respect of each financial year. (4) Any officer of a public authority who is appointed under subsection (3) as an accounting officer is deemed to be — ( a ) a public officer for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to the officer even though the officer is not or was not in the employment of the Government; and ( b ) a public servant for the purposes of the Penal Code 1871.


document_id: difa-2000
provision_ref: s18
chapter: PART 4 - MISCELLANEOUS
section: 18
title: Financial statements and audit reports
content:
18. The Minister must, as soon as practicable after the close of each financial year, cause to be prepared and submitted to the Auditor‑General — ( a ) the financial statements for the Fund relating to that financial year; or ( b ) if accounts have been established under section 6(1), the consolidated financial statements in respect of the Fund relating to that financial year, and the Auditor-General must then audit and report on them.


document_id: difa-2000
provision_ref: s19
chapter: PART 4 - MISCELLANEOUS
section: 19
title: Application of Financial Procedure Act 1966
content:
19. Except as otherwise expressly provided in this Act, the Financial Procedure Act 1966 and any regulations made under that Act apply to the Fund.


document_id: difa-2000
provision_ref: s20
chapter: PART 4 - MISCELLANEOUS
section: 20
title: Regulations
content:
20. The Minister may make regulations for the sound and efficient management and investment of the Fund, including — ( a ) prescribing the securities, funds and investments or classes of securities, funds and investments in which any moneys in the Fund may be invested for developmental purposes; and [Act 35 of 2021 wef 31/01/2022] ( b ) [ Deleted by Act 35 of 2021 wef 31/01/2022 ] ( c ) prescribing all other matters that are necessary or expedient for carrying out or giving effect to the provisions of this Act.


document_id: dipopsa-2011
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “accident and health policy” has the meaning given in the First Schedule to the Insurance Act 1966; “account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Authority to that person for the storage and retrieval of electronic records relating to that person; “Agency” means the company designated by the Minister under section 56 to be the deposit insurance and policy owners’ protection fund agency; “authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person; “Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “bank” has the meaning given by section 2(1) of the Banking Act 1970; “beneficiary” — ( a ) in relation to an insured policy which is covered under the PPF Life Fund or the PPF General Fund, means any person entitled to claim benefits under the terms of that insured policy; and ( b ) in relation to an accidental death insurance cover provided by a PPF Scheme member before the inception of an insured policy, means any person entitled to the accidental death benefit under the terms of the cover; “book” includes any record, register, document or other record of information, and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or in electronic form or otherwise; “captive insurer” has the meaning given by section 2 of the Insurance Act 1966; “Chief Executive” means the Chief Executive of the Agency appointed under section 62 and includes any person acting in that capacity; “claim event” means the contingency upon which policy moneys are payable under an insured policy; “client account”, in relation to an insured depositor, means an account maintained by the insured depositor with a DI Scheme member for the purpose of holding moneys by the insured depositor for a client of the insured depositor, whether or not other moneys may be held in that account; “commuted value”, in relation to an insured policy which provides for the payment of an annuity, means the present value of the expected future payments to be made — ( a ) for a term dependant on the continuation of human life; or ( b ) upon the death of the life assured or surrender of the insured policy by the insured policy owner, as specified under the terms of the insured policy; “company” has the meaning given by section 4(1) of the Companies Act 1967; “compulsory insurance policy” means any policy of insurance which complies with the requirements of — ( a ) the Motor Vehicles (Third‑Party Risks and Compensation) Act 1960; or ( b ) the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “coupon deposit”, in relation to any insured policy, means any sum of money, being part of the policy moneys which the insurer is obliged to pay to the insured policy owner at agreed intervals under the terms of the insured policy which the insured policy owner instructs the insurer not to pay out to the insured policy owner but for the sum of money to be deposited with the insurer to earn interest at an agreed rate; “covered party” means — ( a ) an insured policy owner of an insured policy which is covered by the PPF Life Fund or the PPF General Fund, as the case may be; ( b ) the trustee of a trust of an insured policy which is covered by the PPF Life Fund or the PPF General Fund (as the case may be), in that capacity; or ( c ) a beneficiary in relation to — (i) an insured policy which is covered by the PPF Life Fund or the PPF General Fund, as the case may be; or (ii) an accidental death insurance cover provided by a PPF Scheme member before the inception of an insured policy; “CPFIS” means the Central Provident Fund Investment Scheme introduced by the Central Provident Fund Board under the Central Provident Fund (Investment Schemes) Regulations; “CPFRS” means any Retirement Sum Scheme established under any regulations made under section 77(1) of the Central Provident Fund Act 1953; “deposit” means a sum of money paid on terms — ( a ) under which it will be repaid, with or without interest or a premium, or with any consideration in money or money’s worth, either on demand or at a time or in circumstances agreed by or on behalf of the person making the payment and the person receiving it; and ( b ) which are not referable to the provision of property or services; “deposit-taking business” has the meaning given by section 4B of the Banking Act 1970; “depositor” means any person who is entitled to repayment of a deposit, whether or not the deposit is made by the person; “DI exempt member” means a full bank or finance company which has been exempted by the Authority under section 6 from the requirement to be a DI Scheme member; “DI Fund” means the Deposit Insurance Fund reconstituted under section 9; “direct insurer” has the meaning given by section 2 of the Insurance Act 1966; “DI Scheme” means the Deposit Insurance Scheme reconstituted under section 4; “DI Scheme member” means a member of the DI Scheme; “electronic record” has the meaning given by section 2 of the Electronic Transactions Act 2010; “electronic service” means the electronic service provided by the Authority under section 86; “excluded person” means — ( a ) any bank; ( b ) any person who carries on business activities outside of Singapore which, if conducted in Singapore, would require the person to be licensed under section 7 of the Banking Act 1970; and ( c ) such other person or class of persons as the Authority may prescribe; “failed DI Scheme member” means a DI Scheme member in respect of which the Authority has made a determination that compensation is to be paid out of the DI Fund under section 21(1), and any reference to “failure” in relation to a DI Scheme member is to be construed accordingly; “failed PPF Scheme member” means a PPF Scheme member in respect of which the Authority has made a determination under section 46(1) that the PPF Life Fund or the PPF General Fund is to be utilised for one or more of the purposes mentioned in section 46(2), and any reference to “failure” in relation to a PPF Scheme member is to be construed accordingly; “finance company” has the meaning given by section 2 of the Finance Companies Act 1967; “full bank” means any bank holding a licence granted by the Authority under the Banking Act 1970 which permits the bank to carry on the full range of banking business; “general business” and “life business” have the meanings given by section 3 of the Insurance Act 1966, read with section 4(3) of that Act; “group policy” means any policy of insurance in respect of which the policy owner is not an individual; “guaranteed policy liabilities”, in relation to insured policies, means the policy liabilities, relating to benefits guaranteed under the insured policies only, calculated in accordance with regulations prescribed pursuant to section 17 of the Insurance Act 1966 for the valuation of assets and liabilities in an insurance fund; “health policy” means any accident and health policy which is not a personal accident policy; “individual policy” means a policy of insurance in respect of which the policy owner is an individual; “insured deposit” has the meaning given in the First Schedule; “insured deposit base” has the meaning given by section 3; “insured depositor” means any person who is not an excluded person and is entitled to the repayment of any insured deposit, whether or not the insured deposit is made by the person, and includes — ( a ) in the case of a deposit held by a trustee under a trust, the trustee; and ( b ) to avoid doubt, in the case of a deposit held by a depositor in a client account, the depositor; “insured policy” means — ( a ) any life policy; ( b ) any accident and health policy; ( c ) any compulsory insurance policy; or ( d ) any specified personal line insurance policy which is a Singapore policy; “insured policy owner” means the policy owner of an insured policy; “life policy” has the meaning given in the First Schedule to the Insurance Act 1966; “liquidator” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “marine mutual insurance business” means the business of providing the insurance of liabilities under insurance policies on the basis of mutual insurance — ( a ) upon goods, merchandise or property of any description transported on board any vessel, including incidental transit before and after shipment; ( b ) upon the freight of, or any other interest in or relating to, vessels; ( c ) upon vessels, or upon machinery, tackle furniture or equipment of vessels; ( d ) against damage arising out of or in connection with the use of vessels, including third‑party risks; ( e ) against risks incidental to the construction, repair or docking of vessels, including third‑party risks; or ( f ) against such other risks as the Authority considers to be connected with or incidental to marine adventures or any of the matters referred to in paragraphs ( a ) to ( e ); “Maximum DI Coverage” has the meaning given in the First Schedule; “non-voluntary group insurance policy” means a group policy to insure the lives of certain individuals which is not taken out at the request or discretion of any of the life assureds; “officer” has the meaning given by section 2(1) of the Banking Act 1970; “parent bank” has the meaning given by section 2(1) of the Banking Act 1970; “parent supervisory authority” has the meaning given by section 2(1) of the Banking Act 1970; “personal accident policy” means an accident and health policy in respect of which accident and health benefits are paid out only — ( a ) in the event of an injury to, or disability of, the life assured as a result of accident; ( b ) on the death by accident of the life assured; or ( c ) on the occurrence of a combination of the events referred to in paragraphs ( a ) and ( b ); “policy” has the meaning given in the First Schedule to the Insurance Act 1966; “policy owner” has the meaning given in the First Schedule to the Insurance Act 1966; “PPF exempt member” means a relevant insurer which has been exempted by the Authority under section 32 from the requirement to be a PPF Scheme member; “PPF General Fund” means the Policy Owners’ Protection General Fund established under section 34(1)( b ); “PPF Life Fund” means the Policy Owners’ Protection Life Fund established under section 34(1)( a ); “PPF Scheme” means the Policy Owners’ Protection Scheme established under section 30; “PPF Scheme member” means a member of the PPF Scheme; “premium year”, in relation to the determination and payment of premium contributions and levies, means such period as may be prescribed by the Authority as a premium year — ( a ) under section 12(4), in respect of the premium contributions payable by DI Scheme members; or ( b ) under section 37(4), in respect of the levies payable by PPF Scheme members; “prescribed product” means any product which is prescribed by the Authority as an insured deposit under the First Schedule; “protected liabilities” has the meaning given in the Third Schedule; “protection ratio” has the meaning given in the Fourth Schedule; “quantification date” means — ( a ) in the case of a DI Scheme member — (i) that is wound up by a court in Singapore, the date of commencement of winding up under the Insolvency, Restructuring and Dissolution Act 2018; (ii) that is wound up by a court in a country or territory outside Singapore, the date of commencement of w


document_id: dipopsa-2011
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meanings of “insured deposit base” and “relevant insured deposits”
content:
3. —(1) In this Act, unless the context otherwise requires, “insured deposit base”, in relation to a DI Scheme member, means the aggregate of the amount of every relevant insured deposit of all the insured depositors of the DI Scheme member. (2) In subsection (1), “relevant insured deposits”, in relation to an insured depositor of a DI Scheme member, means — ( a ) the aggregate of the amounts, not exceeding the Maximum DI Coverage, of insured deposits placed with the DI Scheme member which — (i) are held by that insured depositor in the insured depositor’s own right; (ii) are held by that insured depositor in the insured depositor’s own right jointly with one or more persons in a joint account; (iii) where the insured depositor is a sole-proprietor, are held in the name of the sole-proprietorship; and (iv) consist of moneys denominated in Singapore dollars placed with the failed DI Scheme member under the Supplementary Retirement Scheme; ( b ) the amount, not exceeding the Maximum DI Coverage, of insured deposits held by that insured depositor as a trustee under a trust in every account opened with the DI Scheme member; ( c ) the amount, not exceeding the Maximum DI Coverage, of insured deposits held by that insured depositor in every client account opened with the DI Scheme member; ( d ) any moneys denominated in Singapore dollars placed by that insured depositor with the DI Scheme member under the CPFIS and CPFRS, not exceeding the Maximum DI Coverage; and ( e ) the amount, not exceeding the Maximum DI Coverage, of one or more prescribed products held by that insured depositor and placed with the DI Scheme member, which the Minister has, by order in the Gazette , determined that it or they must not be aggregated with any of the insured deposits under paragraphs ( a ), ( b ), ( c ) and ( d ) and must be subject to separate coverage under the DI Scheme of an amount not exceeding the Maximum DI Coverage, whether on its own or in aggregation with other prescribed products. [26/2016] (3) For the purposes of subsection (2) — ( a ) a reference to an insured deposit includes a reference to part of the insured deposit; ( b ) where an insured depositor holds an insured deposit in the insured depositor’s own right jointly with one or more persons in a joint account, each of them, whether or not each of them is an insured depositor, is deemed to have an equal share in the insured deposit unless there is an express provision to the contrary in the books of the DI Scheme member; ( c ) where there are 2 or more insured depositors holding any insured deposit in an account under a trust or a client account jointly, each of them is deemed to have an equal interest in the insured deposit; and ( d ) where the Minister does not make the determination referred to in subsection (2)( e ) in respect of any prescribed product, that prescribed product must be aggregated with the insured deposits referred to in subsection (2)( a ).


document_id: dipopsa-2011
provision_ref: s4
chapter: PART 2 - DEPOSIT INSURANCE SCHEME
section: 4
title: Reconstitution of Deposit Insurance Scheme
content:
4. For the purposes of this Act, the Deposit Insurance Scheme continues and is reconstituted in accordance with this Act for the benefit of insured depositors in respect of their insured deposits placed with DI Scheme members.


document_id: dipopsa-2011
provision_ref: s5
chapter: PART 2 - DEPOSIT INSURANCE SCHEME
section: 5
title: Membership of DI Scheme
content:
5. —(1) Every full bank or finance company which is not exempted under section 6 is a DI Scheme member so long as it holds a valid licence under the Banking Act 1970 or the Finance Companies Act 1967, as the case may be. (2) Every full bank or finance company, which holds a valid licence under the Banking Act 1970 or the Finance Companies Act 1967 (as the case may be) immediately before 1 May 2011, is deemed to be a DI Scheme member from that date. (3) Every full bank or finance company, which is granted a licence under the Banking Act 1970 or the Finance Companies Act 1967 (as the case may be) on or after 1 May 2011, is a DI Scheme member from the date on which its licence is granted.


document_id: dipopsa-2011
provision_ref: s6
chapter: PART 2 - DEPOSIT INSURANCE SCHEME
section: 6
title: Exemption from DI Scheme membership
content:
6. —(1) Any full bank or finance company may apply in writing to the Authority to be exempted from the requirement under section 5(1) to be a DI Scheme member. (2) Upon an application by a full bank or finance company under subsection (1), the Authority may, subject to subsection (4), exempt the full bank or finance company from the requirement under section 5(1), and notice of every such exemption must be published in the Gazette . (3) The Authority may require the applicant to provide the Authority with such information or documents as the Authority considers necessary in relation to the application. (4) Without limiting subsection (2), the Authority must, in determining whether to grant an exemption under subsection (2), have regard to — ( a ) the scope of deposit-taking business conducted by the applicant in Singapore; ( b ) in the case of any applicant which is a full bank incorporated in a jurisdiction other than Singapore — (i) whether the deposits accepted by its branches and offices located within Singapore are insured by a deposit insurance scheme, or any other scheme of a similar nature, established and maintained in the jurisdiction in which the full bank is incorporated (called in this section the foreign scheme); and (ii) whether the scope and level of protection available to those deposits under the foreign scheme are not less than the scope and level of protection that would be available to the deposits under the DI Scheme if those deposits were insured by the DI Scheme; and ( c ) the business activities conducted by the applicant in Singapore and its obligations to customers. (5) The Authority may, when granting any exemption under subsection (2), impose on the DI exempt member by written notice such conditions or restrictions relating to the exemption as the Authority may think fit. (6) The Authority may at any time — ( a ) by written notice to a DI exempt member, add to, vary or revoke any existing condition or restriction imposed by the Authority under subsection (5); or ( b ) by written notice to every DI exempt member in a particular class of such DI exempt members impose such conditions or restrictions as the Authority may think fit on the class. (7) Every DI exempt member must comply with all the conditions and restrictions imposed on it under subsections (5) and (6). (8) Any DI exempt member which contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine of $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: dipopsa-2011
provision_ref: s7
chapter: PART 2 - DEPOSIT INSURANCE SCHEME
section: 7
title: Withdrawal of exemption from DI Scheme
content:
7. —(1) The Authority may withdraw the exemption granted to a DI exempt member under section 6(2) if — ( a ) the DI exempt member fails to comply with any condition or restriction imposed in respect of the exemption under section 6(5) or (6); or ( b ) the Authority considers it necessary to do so in the public interest . (2) Before withdrawing any exemption under subsection (1), the Authority must — ( a ) give the DI exempt member written notice of its intention to do so; and ( b ) in the notice referred to in paragraph ( a ), call upon the DI exempt member to show cause, within such time as may be specified in the notice, why the exemption should not be withdrawn. (3) If the DI exempt member to whom a notice is given under subsection (2) — ( a ) fails to show cause within the time specified in the notice or within such extended period of time as the Authority may allow in any particular case; or ( b ) fails to show sufficient cause, the Authority must give written notice to the DI exempt member of the withdrawal of the exemption and the date on which such withdrawal is to take effect. (4) Where a withdrawal of exemption becomes effective, the Authority must publish a notice of the withdrawal in the Gazette .


document_id: dipopsa-2011
provision_ref: s8
chapter: PART 2 - DEPOSIT INSURANCE SCHEME
section: 8
title: Maintenance of assets in Singapore for DI Scheme members
content:
8. —(1) The Authority may by regulations require any DI Scheme member, or any class of DI Scheme members, to maintain, in relation to its or their insured deposit base, such minimum amount of assets in Singapore as may be specified in such regulations for meeting its or their liabilities in respect of insured deposits placed with the DI Scheme member. (2) The Authority may make regulations which are necessary or expedient for carrying out the purposes of this section, including regulations for or with respect to — ( a ) the circumstances under which, and the manner in which, the Authority may impose an asset maintenance requirement; ( b ) the types of assets that are to be treated as assets maintained in Singapore and the minimum amount of assets for the purpose of an asset maintenance requirement; and ( c ) the method for the valuation of assets maintained in Singapore. (3) If the Authority is satisfied that a DI Scheme member has failed to comply with any asset maintenance requirement under subsection (1), the Authority may impose a financial penalty. (4) Any DI Scheme member which fails to comply with any asset maintenance requirement of the Authority under subsection (1) shall be liable to pay, upon being called to do so by the Authority, for every day or part of a day of such failure, a financial penalty in accordance with such formula as the Minister may, by order in the Gazette , prescribe. (5) Before imposing a financial penalty on any DI Scheme member, the Authority must — ( a ) give the DI Scheme member written notice of its intention to do so, including the basis for its decision to impose the financial penalty; and ( b ) in the notice referred to in paragraph ( a ), call upon the DI Scheme member to show cause, within such time as may be specified in the notice, why the financial penalty should not be imposed. (6) If the DI Scheme member to whom a notice is given under subsection (5) — ( a ) fails to show cause within the time specified in the notice or within such extended period of time as the Authority may allow; or ( b ) fails to show sufficient cause, the Authority must give written notice to the DI Scheme member of the imposition of the financial penalty and the date by which the payment of the financial penalty must be made. (7) Where a DI Scheme member is given a notice under subsection (6), the DI Scheme member must pay the financial penalty to the Authority by the date of payment specified in the notice. (8) Any financial penalty payable under this Act is recoverable as a debt due to the Authority by the DI Scheme member. (9) Despite any provision in the Limitation Act 1959, an action to recover any financial penalty recoverable by virtue of this section must not be brought after the expiry of 3 years from the date on which the cause of action accrued. (10) Any financial penalty paid to or recovered by the Authority must be paid into the DI Fund. (11) Where the Authority has commenced any proceedings in a court to recover a financial penalty from a DI Scheme member, the Authority is entitled to claim costs on a full indemnity basis from that DI Scheme member. (12) Any DI Scheme member which is aggrieved by a decision of the Authority to impose a financial penalty under subsection (6) may, within 30 days after the decision of the Authority, appeal in writing to the Minister whose decision is final and must be given effect to by the Authority. (13) To avoid doubt, the period of limitation referred to in subsection (9) must not be postponed solely on account of an appeal under subsection (12).


document_id: dipopsa-2011
provision_ref: s9
chapter: PART 3 - DEPOSIT INSURANCE FUND
section: 9
title: Reconstitution of Deposit Insurance Fund
content:
9. —(1) For the purposes of this Act, the Deposit Insurance Fund continues and is reconstituted in accordance with this Act. (2) The following must be paid into the DI Fund: ( a ) all premium contributions, additional premium contributions and late payment fees paid by DI Scheme members under this Act; ( b ) all moneys borrowed by the Agency for the purpose of performing its functions in respect of the DI Scheme under this Act; ( c ) all moneys recovered by the Agency from, or out of the assets of, failed DI Scheme members; ( d ) any interest, dividend and other income derived from the investment of the moneys in the DI Fund; ( e ) all moneys paid to or recovered by the Authority as a financial penalty under section 8; ( f ) all other moneys lawfully paid into the DI Fund. (3) The DI Fund must be used for the objects and purposes of the DI Scheme as provided in this Act. (4) The DI Fund may also be used to support a resolution measure in relation to a DI Scheme member. [31/2017] (5) The DI Fund must, subject to the directions of the Minister, be controlled and administered by the Agency, and must be maintained by the Agency separately and apart from the PPF Life Fund and the PPF General Fund. (6) To avoid doubt, the DI Fund is not a fund of the Agency or the Authority.


document_id: dipopsa-2011
provision_ref: s10
chapter: PART 3 - DEPOSIT INSURANCE FUND
section: 10
title: Withdrawal and application of moneys of DI Fund
content:
10. —(1) In carrying out the objects and purposes of the DI Scheme, the moneys in the DI Fund may be withdrawn and applied as the Agency considers proper for all or any of the following purposes only: ( a ) the payment of all expenses incurred in or incidental to — (i) the reconstitution and maintenance of the DI Scheme; (ii) the administration and management of the DI Fund; (iii) the administration and management of the Agency and the performance of the duties and functions of the Agency in respect of the DI Scheme under this Act; (iv) the conduct of any investigation by the Agency for the purpose of determining the entitlement of insured depositors to any compensation; and (v) the submission by the Agency to the liquidator of a failed DI Scheme member that is being wound up of any consolidated proof of debt on behalf of insured depositors in relation to each of their insured deposits placed with the failed DI Scheme member that exceeds the Maximum DI Coverage; ( b ) the payment of any fees to agents appointed by the Agency for the purposes of carrying out any services in respect of the DI Scheme under this Act; ( c ) the repayment of any moneys borrowed by the Agency for the purpose of performing its functions and the payment of any expenses and interest incurred in connection with the moneys borrowed; ( d ) the withdrawal of all other moneys authorised or determined to be paid out of the DI Fund in accordance with this Act. [31/2018] (2) The Agency may also withdraw moneys in the DI Fund in accordance with Part 5A to pay to the trustee of a resolution fund that is established under Division 10 of Part 8 of the Financial Services and Markets Act 2022 to support a resolution measure undertaken in relation to a DI Scheme member. [31/2017] [Act 18 of 2022 wef 10/05/2024] (3) Despite subsection (1), the Authority may recover from the Agency out of the DI Fund all expenses incurred by the Authority in connection with the discharge of the functions and responsibilities of the Authority under sections 8, 13, 14 and 15.


document_id: dipopsa-2011
provision_ref: s11
chapter: PART 3 - DEPOSIT INSURANCE FUND
section: 11
title: Investment of DI Fund
content:
11. —(1) The Agency may invest any moneys in the DI Fund in all or any of the following: ( a ) any security issued by the Government or by the Authority; ( b ) Singapore dollar deposits placed with the Authority; ( c ) any debenture or debt security issued by Singapore Sukuk Pte. Ltd.; ( d ) such other investments, with the objects of capital preservation and maintenance of liquidity, as may be approved by the Minister. (2) The Agency may delegate, subject to such conditions or restrictions as it thinks fit, all or any of its powers and functions under subsection (1) to such employee or agent as it may appoint. (3) The Agency may pay to any person appointed under subsection (2) a reasonable fee for any service rendered in exercise of any power and function delegated to that person under that subsection. (4) The Agency may continue to exercise any power conferred upon it or perform any function under subsection (1) despite the delegation of such power or function to an employee or agent under this section.


document_id: dipopsa-2011
provision_ref: s12
chapter: PART 4 - PREMIUM CONTRIBUTIONS FOR DI SCHEME
section: 12
title: Premium contributions payable by DI Scheme members
content:
12. —(1) Every DI Scheme member must pay a premium contribution for any premium year or part thereof in respect of the insured deposits placed with the DI Scheme member. (2) Subject to the provisions of this Act, the premium contribution is such amount as may be computed by the Authority under section 13. (3) The premium year for the DI Scheme is such period as may be prescribed in regulations made under subsection (4). (4) The Authority may make regulations for the purpose of prescribing the premium year.


document_id: dipopsa-2011
provision_ref: s13
chapter: PART 4 - PREMIUM CONTRIBUTIONS FOR DI SCHEME
section: 13
title: Determination of premium rates and premium contributions
content:
13. —(1) The Authority must assess and determine the premium rates for the purposes of computing the premium contributions payable by DI Scheme members. (2) The Authority must, on the basis of the premium rates determined under subsection (1) and the insured deposit base of a DI Scheme member, compute the amount of premium contribution payable by the DI Scheme member for any premium year or part thereof. (3) For the purposes of assessing and determining the premium rates and computing the amounts of premium contributions payable, the Authority may, in consultation with the Agency, make regulations for or in respect of all or any of the following matters: ( a ) the establishment of a system of classifying DI Scheme members into different categories; ( b ) the criteria and procedure for determining the category in which a DI Scheme member is to be classified; ( c ) the prescribing of the premium rate applicable to each category of DI Scheme members; ( d ) the manner in which the premium rate for each category of DI Scheme members is to be determined; ( e ) the prescribing of a minimum premium contribution payable by DI Scheme members; ( f ) the manner in which the amount of premium contribution for each category of DI Scheme members is to be determined; ( g ) the computation of premium contribution on a pro rata basis where a full bank or finance company becomes a DI Scheme member, or is no longer exempted from the requirement to be a DI Scheme member, at any time during a premium year; ( h ) the size of the DI Fund; ( i ) such other matters as the Authority considers necessary. (4) Regulations made pursuant to or dealing with the matters referred to in subsection (3)( c ) or ( d ) may provide for different premium rates for different categories of DI Scheme members. (5) If the Authority wishes to amend or vary any regulations made under subsection (3), such regulations must not be amended or varied without consulting the Agency.


document_id: dipopsa-2011
provision_ref: s14
chapter: PART 4 - PREMIUM CONTRIBUTIONS FOR DI SCHEME
section: 14
title: Notice of payment of premium contribution
content:
14. —(1) Where the Authority has computed the amount of premium contribution payable by any DI Scheme member for any premium year or part thereof under section 13(2), the Authority must notify the Agency accordingly. (2) Upon receipt of the notification referred to in subsection (1), the Agency must, within a reasonable time prior to the date on which the DI Scheme member is required to pay its premium contribution under the DI Scheme for that premium year or part thereof, give the DI Scheme member written notice of the amount of premium contribution payable and the date by which such premium contribution must be paid.


document_id: dipopsa-2011
provision_ref: s15
chapter: PART 4 - PREMIUM CONTRIBUTIONS FOR DI SCHEME
section: 15
title: Additional premium contributions where DI Fund insufficient to pay compensation
content:
15. —(1) Where, in the opinion of the Authority, there are insufficient moneys in the DI Fund to pay any compensation due to insured depositors under this Act, the Authority may, with the concurrence of the Agency, determine — ( a ) that DI Scheme members be required to pay additional premium contributions for any premium year or part thereof; and ( b ) the premium rate or rates for the purposes of computing the additional premium contributions. (2) Where a determination is made under subsection (1) — ( a ) the Authority must, as soon as practicable — (i) publish a notice in the Gazette of the requirement to pay additional premium contributions and the premium rate or rates for the purposes of computing the additional premium contributions referred to in subsection (1); and (ii) compute the additional premium contributions payable by DI Scheme members for that premium year or part thereof and notify the Agency accordingly; and ( b ) the Agency must, upon receipt of the notification referred to in paragraph ( a )(ii), give written notice to every DI Scheme member of the additional premium contribution that that DI Scheme member is required to pay for that premium year or part thereof and the date by which the additional premium contribution must be paid. (3) Despite subsections (1) and (2), no DI Scheme member may, without the prior approval of the Minister, be required to pay additional premium contribution for any premium year exceeding such percentage of the insured deposit base of that DI Scheme member as the Minister may by order in the Gazette prescribe. (4) For the purposes of subsection (3), the insured deposit base of any DI Scheme member must be determined on such date as the Authority may notify in the Gazette for computing the amounts of additional premium contributions payable by DI Scheme members.


document_id: dipopsa-2011
provision_ref: s16
chapter: PART 4 - PREMIUM CONTRIBUTIONS FOR DI SCHEME
section: 16
title: Payment of premium contributions and late payment fees
content:
16. —(1) Where any DI Scheme member is given written notice to pay any premium contribution under section 14(2) or any additional premium contribution under section 15(2) for any premium year or part thereof, the DI Scheme member must pay to the Agency on or before the date of payment specified in the notice, the amount of premium contribution or additional premium contribution (as the case may be) that the DI Scheme member is required to pay for that premium year or part thereof. (2) Subject to subsection (3), if a DI Scheme member fails to pay the premium contribution or additional premium contribution or any part thereof on or before the date of payment specified in the notice in contravention of subsection (1) — ( a ) the Agency may, by written notice, impose on the DI Scheme member such late payment fee as the Agency may by Rules determine; and ( b ) the DI Scheme member must pay to the Agency such late payment fee together with the unpaid premium contribution or additional premium contribution (as the case may be) on or before the date of payment specified in the notice under paragraph ( a ). (3) The late payment fee referred to in subsection (2) must not exceed the amount of premium contribution or additional premium contribution (as the case may be) owing by the DI Scheme member. (4) The amount of premium contribution or additional premium contribution owing by the DI Scheme member and the late payment fee must be paid in such manner as may be specified in the Rules. (5) Without affecting any other remedy, any premium contribution, additional premium contribution or late payment fee payable under this Act is recoverable as a debt due to the Agency by the DI Scheme member. (6) Where the Agency has commenced any legal proceedings in a court in Singapore to recover any premium contribution, additional premium contribution or late payment fee from a DI Scheme member, the Agency is entitled to claim costs on a full indemnity basis from that DI Scheme member.


document_id: dipopsa-2011
provision_ref: s17
chapter: PART 4 - PREMIUM CONTRIBUTIONS FOR DI SCHEME
section: 17
title: Power to refund or remit premium contributions, etc.
content:
17. The Agency may, with the approval of the Minister, refund or remit in whole or in part any premium contribution or additional premium contribution paid or payable by any DI Scheme member under this Act.


document_id: dipopsa-2011
provision_ref: s18
chapter: PART 4 - PREMIUM CONTRIBUTIONS FOR DI SCHEME
section: 18
title: Refund of premium contributions, etc., paid in excess
content:
18. —(1) Where it appears to the Authority that a DI Scheme member has paid any premium contribution or additional premium contribution in excess of the amount payable under this Act, the Authority must notify the Agency accordingly. (2) Upon receipt of the notification referred to in subsection (1), the Agency must refund to the DI Scheme member the amount of premium contribution or additional premium contribution paid in excess.


document_id: dipopsa-2011
provision_ref: s19
chapter: PART 4 - PREMIUM CONTRIBUTIONS FOR DI SCHEME
section: 19
title: Re-computation of premium contributions and additional premium contributions
content:
19. —(1) Where it appears to the Authority — ( a ) that the premium contribution for any premium year or part thereof — (i) computed by the Authority under section 13(2) and notified to the Agency under section 14(1); or (ii) in respect of which a DI Scheme member has been required to pay under section 14(2) or has so paid; or ( b ) that the additional premium contribution for any premium year or part thereof — (i) computed by the Authority and notified to the Agency under section 15(2)( a ); or (ii) in respect of which a DI Scheme member has been required to pay under section 15(2)( b ) or has so paid, is of an amount less than that which ought to have been computed, imposed or paid (called in this section the shortfall), the Authority may at any time during a period of 6 years after the premium year during which there is a shortfall, re‑compute such amount of premium contribution or additional premium contribution which ought to have been computed, imposed or paid (as the case may be) under this Act. (2) Sections 14, 15 and 16 apply, with the necessary modifications, to any amount of premium contribution or additional premium contribution re-computed under subsection (1) and the recovery of any shortfall in premium contribution or additional premium contribution upon a re-computation under that subsection as if the reference to premium contribution or additional premium contribution were a reference to the shortfall amount which is the difference between — ( a ) the amount of premium contribution or additional premium contribution as re-computed; and ( b ) the amount of premium contribution or additional premium contribution that was originally computed, imposed or paid (as the case may be) under this Act.


document_id: dipopsa-2011
provision_ref: s20
chapter: PART 4 - PREMIUM CONTRIBUTIONS FOR DI SCHEME
section: 20
title: Disclosure of information relating to premium contributions
content:
20. —(1) Subject to subsections (2) and (3), no DI Scheme member or officer of any DI Scheme member may disclose to any person — ( a ) the premium rate applicable to that DI Scheme member; ( b ) the category in which that DI Scheme member is classified pursuant to section 13; ( c ) where the system of classifying DI Scheme members incorporates a rating of that DI Scheme member based on the assessment by the Authority of the risks arising from the activities of that DI Scheme member, the rating of that DI Scheme member; and ( d ) any information which if disclosed, would enable any of the information referred to in paragraph ( a ), ( b ) or ( c ) to be identified or deduced. (2) Despite subsection (1), a DI Scheme member or any officer of a DI Scheme member may disclose to — ( a ) any director or other officer of that DI Scheme member; ( b ) in the case where the DI Scheme member is a full bank, the head office, parent bank or parent supervisory authority of that DI Scheme member; or ( c ) such other person or class of persons as the Authority may approve, any of the matters referred to in subsection (1) where such disclosure is necessary for the performance of the duties of the person referred to in paragraph ( a ), ( b ) or ( c ), as the case may be. (3) No person to whom any DI Scheme member or an officer of any DI Scheme member has disclosed information pursuant to subsection (2) may disclose that information to any other person except as approved by the Authority. (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 $125,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: dipopsa-2011
provision_ref: s21
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 21
title: Occurrence of events precipitating payment of compensation
content:
21. —(1) Where, on or after 1 May 2011 — ( a ) an order is made by a court in Singapore or elsewhere to wind up a DI Scheme member; ( b ) a DI Scheme member is wound up voluntarily under the Insolvency, Restructuring and Dissolution Act 2018 or under the law of a country or territory outside Singapore; or ( c ) the Authority is of the opinion that a DI Scheme member is insolvent, unable or likely to become unable to meet its obligations, or about to suspend payments, the Authority may determine that compensation be paid out of the DI Fund to the insured depositors of the DI Scheme member in accordance with this Act. [31/2018; 40/2018] (2) Where the Authority determines that compensation be paid out of the DI Fund under subsection (1), the Authority must immediately give written notice to the Agency of its determination. (3) The written notice referred to in subsection (2) must be in such form and contain such information as may be agreed between the Authority and the Agency. (4) The Agency must, as soon as practicable upon receiving the notice referred to in subsection (2), publish a notice in the Gazette stating that a payment of compensation is to be made out of the DI Fund.


document_id: dipopsa-2011
provision_ref: s22
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 22
title: Entitlement to compensation
content:
22. —(1) Subject to subsection (5) and section 23, where an insured depositor has one or more insured deposits placed with a failed DI Scheme member (other than any moneys denominated in Singapore dollars placed with the failed DI Scheme member under the CPFIS and CPFRS), which — ( a ) the insured depositor holds in the insured depositor’s own right; ( b ) the insured depositor holds in the insured depositor’s own right jointly with one or more other persons in a joint account; ( c ) the insured depositor holds in the name of the insured depositor’s sole‑proprietorship; or ( d ) consists of moneys denominated in Singapore dollars placed with the failed DI Scheme member under the Supplementary Retirement Scheme, the insured depositor is entitled to compensation from the DI Fund computed on the basis of the aggregate amount, as at the quantification date, of such insured deposits falling within paragraphs ( a ), ( b ), ( c ) and ( d ), and such compensation must not exceed the aggregate amount of such insured deposits or the Maximum DI Coverage, whichever is lower. [26/2016] (2) Where any insured depositor has one or more insured deposits placed with a failed DI Scheme member (other than moneys denominated in Singapore dollars placed with the failed DI Scheme member under the CPFIS and CPFRS) which the insured depositor holds in an account as trustee under a trust or holds in a client account, the insured depositor is entitled, in respect of every such account, to compensation from the DI Fund, not exceeding the amount of such insured deposits in that account or the Maximum DI Coverage, whichever is lower. [26/2016] (3) For the purposes of subsection (2), where there are 2 or more insured depositors holding any insured deposit in an account under a trust or in a client account jointly, the compensation referred to in subsection (2) must be divided equally among those insured depositors and paid accordingly. (4) Where any insured deposit of any insured depositor placed with a failed DI Scheme member consists of moneys denominated in Singapore dollars placed with the failed DI Scheme member under the CPFIS or CPFRS, such moneys must not be aggregated with the insured depositor’s other insured deposits placed with that failed DI Scheme member for the purposes of determining the amount of compensation that the insured depositor is entitled to, and the insured depositor is entitled, in respect of moneys denominated in Singapore dollars placed with the failed DI Scheme member under the CPFIS and CPFRS, to compensation from the DI Fund, not exceeding the amount of such moneys placed with the failed DI Scheme member or the Maximum DI Coverage, whichever is lower. [26/2016] (5) Where an insured depositor has one or more prescribed products placed with a failed DI Scheme member, which the Minister has, by order in the Gazette , determined to be subject to separate coverage under the DI Scheme (called in this section the firstmentioned prescribed products), whether on their own or in aggregation with other prescribed products (called in this section the other prescribed products) — ( a ) the insured depositor is entitled to compensation from the DI Fund computed on the basis of the aggregate amount, as at the quantification date — (i) of the firstmentioned prescribed products; or (ii) of the firstmentioned prescribed products in aggregation with the other prescribed products, as the case may be; and ( b ) such compensation must not exceed — (i) in the case where the firstmentioned prescribed products are subject to separate coverage on their own, the aggregate of the amounts of all the firstmentioned prescribed products held by the insured depositor or the Maximum DI Coverage, whichever is lower; or (ii) in the case where the firstmentioned prescribed products are to be aggregated with the other prescribed products, the aggregate of the amounts of all the prescribed products held by the insured depositor or the Maximum DI Coverage, whichever is lower. (6) For the purposes of determining the amount of compensation which an insured depositor is entitled under this section, the liabilities (if any) that are owing from the insured depositor to the failed DI Scheme member are disregarded. (7) Despite the provisions in this section — ( a ) in the case of an insured depositor who is deceased, the Agency must pay the compensation to the personal representatives of the deceased insured depositor; ( b ) in the case where, before the quantification date — (i) an enforcement order for attachment of a debt was made under the Rules of Court in respect of the insured deposit; and (ii) pursuant to the enforcement order, a notice of attachment with respect to the insured deposit was served on the failed DI Scheme member, the Agency — (iii) must, subject to any order of the court in determining any objection to the enforcement order, pay the whole or part (as the case may be) of the compensation to the enforcement applicant; but (iv) is not required to pay the compensation if the insured deposit is released from attachment (whether by the consent of the enforcement applicant or otherwise); and [Act 31 of 2022 wef 01/11/2022] ( c ) the Agency must pay the compensation to such other persons in such circumstances as the Minister may prescribe.


document_id: dipopsa-2011
provision_ref: s23
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 23
title: Deposits in own right and joint accounts
content:
23. —(1) Where an insured depositor holds any insured deposit in the insured depositor’s own right, the insured depositor is entitled, in respect of the insured deposit as at the quantification date, to compensation from the DI Fund. (2) Where there are 2 or more insured depositors holding any insured deposit, each of those insured depositors is entitled, in respect of each insured depositor’s share in the insured deposit as at the quantification date, to compensation from the DI Fund. (3) For the purposes of determining the share of any insured depositor in an insured deposit under subsection (2), each insured depositor holding such insured deposit is deemed to have an equal share in the insured deposit unless there is an express provision to the contrary in the books of the failed DI Scheme member. (4) To avoid doubt, subsection (3) does not affect any rights as between the persons holding such insured deposit themselves.


document_id: dipopsa-2011
provision_ref: s24
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 24
title: Restrictions on entitlement to compensation under DI Scheme
content:
24. Where the Agency has paid an insured depositor the full amount of compensation payable to the insured depositor or any person referred to in section 22(7) or both (as the case may be) in respect of the insured depositor’s insured deposits, in accordance with this Act, no other person is entitled, in respect of those same insured deposits, to compensation under this Part.


document_id: dipopsa-2011
provision_ref: s25
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 25
title: Computation and method of payment of compensation under DI Scheme
content:
25. —(1) The Agency must compute the amount of compensation due to any insured depositor in respect of the insured depositor’s insured deposits placed with a failed DI Scheme member in accordance with this Act. (2) In determining the eligibility and entitlement of any insured depositor to compensation and computing the amount of compensation due to any insured depositor, the Agency is entitled to rely on the books of the failed DI Scheme member and any other books which, in the opinion of the Agency, are relevant for such determination and computation. (3) Subject to subsection (4), the Agency must pay the compensation in such form and manner as may be specified in the Rules. (4) The Authority may make regulations for the purposes of payment of compensation by the Agency. (5) Without limiting subsection (4), such regulations may — ( a ) specify the person to whom, or the account into which, payment of compensation is to be made for the benefit of any insured depositor who is entitled to compensation under this Act; ( b ) provide for the payment of compensation in respect of any insured depositor holding insured deposits in different accounts; ( c ) provide for the payment of compensation into an equivalent account with another DI Scheme member and for such compensation to be held in that account in a manner equivalent to the manner of holding of the original insured deposit; and ( d ) provide for the treatment of any transfer order which has not been cleared and settled under the Rules of a payment system, in the computation of compensation due to any insured depositor who is entitled to compensation under this Act. [31/2018] (6) In subsection (5)( d ), “transfer order” and “Rules” have the meanings given by the Payment and Settlement Systems (Finality and Netting) Act 2002. [31/2018]


document_id: dipopsa-2011
provision_ref: s26
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 26
title: Merger or consolidation of, or acquisition by, DI Scheme members
content:
26. —(1) Where — ( a ) a DI Scheme member merges or consolidates with another DI Scheme member; or ( b ) a DI Scheme member (called in this section the acquiring DI Scheme member) acquires the deposit-taking business of another DI Scheme member to form part of the business of the acquiring DI Scheme member, and there is a subsequent failure of the merged or consolidated DI Scheme member or acquiring DI Scheme member (as the case may be) within one year after the date of the merger, consolidation or acquisition (called in this section the additional cover period), any insured depositor, who has insured deposits placed with both of the original DI Scheme members immediately before the merger, consolidation or acquisition (as the case may be) is entitled to compensation in accordance with this Act as if the merger, consolidation or acquisition did not take place; and in respect of the insured depositor’s insured deposits with each of the original DI Scheme members, is entitled to compensation of an amount not exceeding the Maximum DI Coverage or the amount of insured deposits placed with the relevant DI Scheme member, whichever is lower. (2) The Minister may extend the additional cover period for the insured deposits under subsection (1) — ( a ) where the Minister is satisfied that it is in the interest of the insured depositors of any DI Scheme member or the public to do so; or ( b ) to maintain financial stability in Singapore.


document_id: dipopsa-2011
provision_ref: s27
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 27
title: Subrogation
content:
27. —(1) Upon payment out of the DI Fund of any compensation under this Act to, or for the benefit of, any insured depositor in respect of the insured depositor’s insured deposit or any person referred to in section 22(7) in respect of that insured deposit, the Agency is subrogated to the extent of such payment to all the rights and remedies of — ( a ) the insured depositor; ( b ) the person who received the compensation on behalf of the insured depositor; ( c ) the person referred to in section 22(7); ( d ) in the case where payment is made to an insured depositor who is a trustee, the trustee; or ( e ) in the case where payment is made to an insured depositor who held the insured deposit in a client account, that insured depositor, as the case may be, in respect of the insured deposit in priority over — ( f ) the rights and remedies of the insured depositor, the person who received the compensation on behalf of the insured depositor or the person referred to in section 22(7) (as the case may be) in relation to that insured deposit; and ( g ) the rights and remedies of any person who is subrogated, whether or not before the Agency’s subrogation, to the rights and remedies of any of the persons referred to in paragraphs ( a ), ( b ), ( c ), ( d ) and ( e ) in relation to that insured deposit, and may maintain an action in respect of those rights and remedies in the name of the person referred to in paragraph ( a ), ( b ), ( c ), ( d ) or ( e ) (as the case may be) or in the name of the Agency, subject to subsection (2). (2) Where the Agency maintains an action in respect of the rights and remedies in the name of the person referred to in subsection (1)( a ), ( b ), ( c ), ( d ) or ( e ) (as the case may be) the following provisions apply: ( a ) in the case where the failed DI Scheme member is not wound up, the Agency is entitled to recover the full amount of compensation claimed against the failed DI Scheme member, despite any liabilities owing by the insured depositor to the DI Scheme member; ( b ) in the case where the failed DI Scheme member is wound up, the insolvency rules relating to set-off do not apply in relation to the rights and remedies of the insured depositor. (3) For the purposes of subsection (1), where the Agency is unable to effect payment to an insured depositor (due to incorrect or outdated addresses, in respect of accounts which are dormant or any other reasons beyond the reasonable control of the Agency), the Agency is deemed to have made payment out of the DI Fund of compensation under this Act to, or for the benefit of, an insured depositor in respect of the insured depositor’s insured deposit, if the Agency makes payment of the compensation to the Public Trustee appointed under the Public Trustee Act 1915 to be held on trust for the insured depositor. (4) The persons referred to in paragraphs ( a ), ( b ), ( c ), ( d ) and ( e ) of subsection (1), or any person who is subrogated, whether or not before the Agency’s subrogation, to the rights and remedies of those persons, is not entitled to receive any amount from, or out of, the assets of the failed DI Scheme member until the Agency has been reimbursed in full the amount of compensation paid to those persons and any expenses under subsection (5). (5) Despite any provision in the Insolvency, Restructuring and Dissolution Act 2018, the Agency is entitled — ( a ) in the case where the failed DI Scheme member is wound up, to be reimbursed out of the assets of the failed DI Scheme member for the expenses incurred for or in respect of — (i) the payment of any compensation to any insured depositor, including any interest charged on moneys borrowed by the Agency for the purpose of making payment of any compensation to any insured depositor under the DI Scheme; (ii) the lodging of any claim with the liquidator of the failed DI Scheme member for any compensation that has been paid out to any insured depositor; (iii) any communication with any insured depositor and the public on, or relating to, the payment of any compensation to any insured depositor under the DI Scheme; and (iv) such other matters as may be prescribed by the Authority; and ( b ) in any other case, to be reimbursed by the failed DI Scheme member or the provisional liquidator of the failed DI Scheme member (as the case may be) for the expenses incurred for or in respect of — (i) the payment of any compensation to any insured depositor, including any interest charged on moneys borrowed by the Agency for the purpose of making payment of any compensation to any insured depositor under the DI Scheme; (ii) the lodging of any claim with the provisional liquidator of the failed DI Scheme member for any compensation that has been paid out to any insured depositor; (iii) any communication with any insured depositor and the public on, or relating to, the payment of any compensation to any insured depositor under the DI Scheme; and (iv) such other matters as may be prescribed by the Authority. [31/2018; 40/2018] (6) The Authority may by regulations — ( a ) provide for the manner, process or method by which the Agency may exercise its rights to be subrogated to the rights and remedies as set out in subsection (1); and ( b ) prescribe the matters mentioned in subsection (5)( a )(iv) and ( b )(iv). [31/2018] (7) For the purposes of making payment of compensation by the Agency to the Public Trustee under subsection (3) and payment of compensation by the Public Trustee to insured depositors and any person referred to in section 22(7), the Authority may, with the Public Trustee’s concurrence and in consultation with the Agency, make regulations for or in respect of all or any of the following matters: ( a ) the manner in which moneys paid by the Agency to the Public Trustee are to be paid to insured depositors or any person referred to in section 22(7); ( b ) the fees to be paid by the Agency to the Public Trustee and the manner of payment of such fees; ( c ) such other matters as the Authority considers necessary. (8) The provisions in the Fifth Schedule apply in relation to the holding and payment of compensation under this Act by the Public Trustee to insured depositors and any person referred to in section 22(7). (9) If the Authority wishes to amend or vary any regulations made under subsection (7), the Authority must first conduct a joint review with the Public Trustee and such regulations must not be amended or varied without the Public Trustee’s concurrence and consulting the Agency.


document_id: dipopsa-2011
provision_ref: s28
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 28
title: Recovery of compensation paid in excess or in error under DI Scheme
content:
28. —(1) If — ( a ) any compensation paid to, or for the benefit of, an insured depositor out of the DI Fund is in excess of what ought to have been paid to the insured depositor under this Act; or ( b ) any compensation is paid in error to any person, the Agency may recover the amount paid in error or excess from the person who received the compensation, in such manner and within such period as may be specified by the Agency to that person. (2) Without affecting any other remedy, any amount paid in error or excess to any person is recoverable as a debt due to the Agency by that person. (3) Despite any provision in the Limitation Act 1959, an action to recover any amount paid in error or excess to any person recoverable by virtue of this section must not be brought after the expiry of the period during which the action may be brought against the person under the Limitation Act 1959 or the date of completion of the winding up of the failed DI Scheme member, whichever is later. (4) Upon the recovery of any amount paid in error or excess from any person under this section (called in this section the recovered amount), the Agency must do the following: ( a ) in the case where the failed DI Scheme member is not wound up or where the winding up of the failed DI Scheme member has not completed and the Agency has not recovered or has not recovered in full from the failed DI Scheme member or its liquidator (as the case may be) the compensation which it paid out to the insured depositors, the Agency must deduct from the recovered amount the shortfall in compensation and pay such deducted amount to the DI Fund, and pay the amount remaining from the recovered amount after the deduction (if any) to the failed DI Scheme member or its liquidator, as the case may be; ( b ) in the case where the failed DI Scheme member is not wound up or where the winding up of the failed DI Scheme member has not completed and the Agency has recovered from the failed DI Scheme member or its liquidator (as the case may be) in full the compensation which it paid out to the insured depositors, the Agency must pay the recovered amount to the failed DI Scheme member or its liquidator, as the case may be; ( c ) in the case where the winding up of the failed DI Scheme member has completed and the Agency has not recovered or has not recovered in full from the liquidator the compensation which it paid out to the insured depositors, the Agency must deduct from the recovered amount the shortfall in compensation and pay such deducted amount to the DI Fund, and pay the amount remaining from the recovered amount after the deduction (if any) to the Official Receiver to be placed to the credit of the Companies Liquidation Account; ( d ) in the case where the winding up of the failed DI Scheme member has completed and the Agency has recovered from the liquidator in full the compensation which it paid out to the insured depositors, the Agency must pay the recovered amount to the Official Receiver to be placed to the credit of the Companies Liquidation Account. (5) Section 197(4), (7), (8), (9) and (10) of the Insolvency, Restructuring and Dissolution Act 2018 applies, with the necessary modifications, to the money paid to the Official Receiver under subsection (4)( c ) and ( d ). [40/2018]


document_id: dipopsa-2011
provision_ref: s28A
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 28A
title: Duties of liquidators in winding up of DI Scheme member
content:
28A. —(1) A person who — ( a ) is appointed as a liquidator under the Insolvency, Restructuring and Dissolution Act 2018 for the winding up of a DI Scheme member; and ( b ) has been approved by the Authority as such under section 54(4) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205 of the Financial Services and Markets Act 2022 or under section 63(4) of the Financial Services and Markets Act 2022, (called in this section the liquidator) must, in carrying out its functions as a liquidator, work together with the Agency to ensure that any insured depositor who is entitled to receive compensation from the DI Fund receives payment from the Agency as soon as is reasonably practicable. [31/2018; 40/2018] [Act 18 of 2022 wef 10/05/2024] (2) The Authority may, by written notice to the liquidator, require the liquidator to give the Agency such information and reasonable assistance as the Authority considers necessary — ( a ) to ensure that any insured depositor who is entitled to receive compensation from the DI Fund receives payment from the Agency as soon as is reasonably practicable; and ( b ) to enable the Agency to fulfil its objects and discharge its functions under this Act. [31/2018] (3) Despite any written law or rule of law but subject to subsection (4), the liquidator must not, without the prior written approval of the Authority, sell or transfer any assets of the DI Scheme member being wound up to — ( a ) any person who provides services in connection with the winding up of the DI Scheme member; or ( b ) any person working for or on behalf of — (i) the Agency; (ii) the Authority; or (iii) a person mentioned in paragraph ( a ). [31/2018] (4) Subsection (3) does not prevent the payment by the liquidator of any debt of the DI Scheme member being wound up in accordance with any written law or rule of law relating to the winding up of companies. [31/2018] (5) Any sale or transfer of assets by the liquidator in contravention of subsection (3) is void. [31/2018] (6) Any liquidator who — ( a ) without reasonable excuse, fails to comply with subsection (1), or any notice issued by the Authority under subsection (2); or ( b ) being required to provide information to the Agency under subsection (2), knowingly or recklessly provides any information or document that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction. [31/2018]


document_id: dipopsa-2011
provision_ref: s29
chapter: PART 5 - COMPENSATION UNDER DI SCHEME
section: 29
title: Powers of liquidator in respect of claims against insured depositor
content:
29. —(1) Subject to subsection (3), despite any written law or rule of law, where — ( a ) the Agency has paid compensation to an insured depositor or any person referred to in section 22(7) out of the DI Fund in accordance with this Act; ( b ) such compensation is, or will be, accorded priority in the event of the winding up of the failed DI Scheme member under section 62 of the Banking Act 1970 or section 44A of the Finance Companies Act 1967, as the case may be; and ( c ) the failed DI Scheme member has one or more existing claims against the insured depositor, the liquidator may bring legal proceedings with respect to those claims in the name, and on behalf, of the failed DI Scheme member against the insured depositor or any person who received compensation on behalf of the insured depositor, to recover such moneys as may be necessary to put the failed DI Scheme member into the position it would have been as against the insured depositor with respect to those claims, if — ( d ) the Agency had not paid out any compensation or been accorded priority under section 62 of the Banking Act 1970 or section 44A of the Finance Companies Act 1967 (as the case may be) in respect of the compensation paid to the insured depositor; and ( e ) the liquidator had applied the same rules with regard to the respective rights of debts provable and the valuation of future and contingent liabilities as are in force for the time being under the law relating to bankruptcy in relation to the estates of persons adjudged bankrupt, as if the failed DI Scheme member were a person so adjudged. (2) Such moneys are recoverable as a debt due to the failed DI Scheme member by the insured depositor or any person who received compensation on behalf of the insured depositor. (3) This section does not apply to any moneys held by the Public Trustee pursuant to any payment of compensation by the Agency under section 27(3).


document_id: dipopsa-2011
provision_ref: s29A
chapter: PART 5A - WITHDRAWAL IN SUPPORT OF RESOLUTION
section: 29A
title: Determination of Authority
content:
29A. —(1) For the purposes of supporting a resolution measure undertaken for a DI Scheme member and other matters relating to the measure, the Authority may, with the Minister’s approval, make a determination that an amount is to be paid out of the DI Fund and given to the trustee of the resolution fund for which the resolution measure was established. [31/2017] (2) The amount to be paid out of the DI Fund must not exceed the amount of compensation that would have been paid out of the DI Fund to the insured depositors of the DI Scheme member under Part 5 if a determination for such compensation had been made under section 21, after taking into account any amounts that the Agency would have been repaid from or out of the assets of the DI Scheme member under section 27. [31/2017] (3) Where the Authority determines that an amount is to be paid out of the DI Fund for the purpose mentioned in subsection (1), the Authority must immediately give a written notice to the Agency of its determination. [31/2017] (4) The notice mentioned in subsection (3) must be in such form and contain such information as may be agreed between the Authority and the Agency. [31/2017] (5) The Agency must, as soon as practicable upon receiving the notice mentioned in subsection (3), publish a notice in the Gazette to the effect that a payment is to be made from the DI Fund for the purpose mentioned in subsection (1). [31/2017]


document_id: dipopsa-2011
provision_ref: s29B
chapter: PART 5A - WITHDRAWAL IN SUPPORT OF RESOLUTION
section: 29B
title: Regulations for this Part
content:
29B. The Authority may, in consultation with the Agency and with the approval of the Minister, make regulations for the purpose of section 29A, including for the following matters: ( a ) the procedure for making payments out of or to the DI Fund; ( b ) the manner of determining, for the purposes of section 29A(2), the amounts that the Agency would have been repaid from or out of the assets of the DI Scheme member under section 27. [31/2017]


document_id: dipopsa-2011
provision_ref: s30
chapter: PART 6 - POLICY OWNERS’ PROTECTION SCHEME
section: 30
title: Establishment of Policy Owners’ Protection Scheme
content:
30. A scheme called the Policy Owners’ Protection Scheme is established for the purposes of compensating (in part or whole) or otherwise assisting or protecting insured policy owners and beneficiaries in respect of the insured policies issued by PPF Scheme members and for securing the continuity of insurance for insured policy owners as far as reasonably practicable.


document_id: dipopsa-2011
provision_ref: s31
chapter: PART 6 - POLICY OWNERS’ PROTECTION SCHEME
section: 31
title: Membership of PPF Scheme
content:
31. —(1) Every relevant insurer which is not exempted under section 32 is a PPF Scheme member so long as it is licensed by the Authority to carry on insurance business under the Insurance Act 1966. [11/2013] (2) Every relevant insurer which is licensed to carry on insurance business under the Insurance Act 1966 immediately before 1 May 2011, is deemed to be a PPF Scheme member from that date. [11/2013] (3) Every relevant insurer which is licensed to carry on insurance business under the Insurance Act 1966 on or after 1 May 2011, is a PPF Scheme member from the date on which it is licensed. [11/2013]


document_id: dipopsa-2011
provision_ref: s32
chapter: PART 6 - POLICY OWNERS’ PROTECTION SCHEME
section: 32
title: Exemption from PPF Scheme membership
content:
32. —(1) Any relevant insurer may apply in writing to the Authority to be exempted from the requirement under section 31(1) to be a PPF Scheme member. (2) Upon application by a relevant insurer under subsection (1), the Authority may, subject to subsection (4), exempt the relevant insurer from the requirement under section 31(1), and notice of such exemption must be published in the Gazette . (3) The Authority may require the applicant to provide the Authority with such information or documents as the Authority considers necessary in relation to the application. (4) Without limiting subsection (2), the Authority must, in determining whether to grant an exemption under subsection (2), have regard to — ( a ) the scope of insurance business conducted by the applicant in Singapore; ( b ) in the case of any applicant which is a direct insurer licensed to carry on general business, whether or not that applicant issues any insured policy; ( c ) in the case of any applicant which is incorporated in a jurisdiction other than Singapore — (i) whether the policies issued by the applicant’s branches and offices located within Singapore are insured by a policy owners’ protection scheme, or any other scheme of a similar nature, established and maintained in the jurisdiction in which the applicant is incorporated (called in this section the foreign scheme); and (ii) whether the scope and level of protection available to those policies under the foreign scheme are not less than the scope and level of protection that would be available to the policies under the PPF Scheme if those policies were insured by the PPF Scheme. [11/2013] (5) The Authority may, when granting any exemption under subsection (2), impose on the PPF exempt member by written notice such conditions or restrictions relating to the exemption as the Authority may think fit. (6) The Authority may at any time — ( a ) by written notice to a PPF exempt member, add to, vary or revoke any existing condition or restriction imposed by the Authority under subsection (5); or ( b ) by written notice to every PPF exempt member in a particular class of such PPF exempt members impose such conditions or restrictions as the Authority may think fit on the class. (7) Every PPF exempt member must comply with all the conditions and restrictions imposed on it under subsections (5) and (6). (8) Any PPF exempt member which contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine of $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: dipopsa-2011
provision_ref: s33
chapter: PART 6 - POLICY OWNERS’ PROTECTION SCHEME
section: 33
title: Withdrawal of exemption from PPF Scheme
content:
33. —(1) The Authority may withdraw the exemption granted to a PPF exempt member under section 32(2) if — ( a ) the PPF exempt member fails to comply with any condition or restriction imposed in respect of the exemption under section 32(5) or (6); or ( b ) the Authority considers it necessary to do so in the public interest . (2) Before withdrawing any exemption under subsection (1), the Authority must — ( a ) give the PPF exempt member written notice of its intention to do so; and ( b ) in the notice referred to in paragraph ( a ), call upon the PPF exempt member to show cause, within such time as may be specified in the notice, why the exemption should not be withdrawn. (3) If the PPF exempt member to whom a notice is given under subsection (2) — ( a ) fails to show cause within the time specified in the notice or within such extended period of time as the Authority may allow in any particular case; or ( b ) fails to show sufficient cause, the Authority must give written notice to the PPF exempt member of the withdrawal of the exemption and the date on which such withdrawal is to take effect. (4) Where a withdrawal of exemption becomes effective, the Authority must publish a notice of the withdrawal in the Gazette .


document_id: dipopsa-2011
provision_ref: s34
chapter: PART 7 - POLICY OWNERS’ PROTECTION LIFE FUND AND
section: 34
title: Establishment of Policy Owners’ Protection Life Fund and Policy Owners’ Protection General Fund
content:
34. —(1) There are established under the PPF Scheme 2 funds called — ( a ) the Policy Owners’ Protection Life Fund to cover insured policies comprised in insurance funds established and maintained under section 16 of the Insurance Act 1966 by direct insurers licensed to carry on life business; and ( b ) the Policy Owners’ Protection General Fund to cover insured policies comprised in insurance funds established and maintained under section 16 of the Insurance Act 1966 by direct insurers licensed to carry on general business. [11/2013] (2) The following must be paid into the PPF Life Fund: ( a ) all levies, additional levies and late payment fees paid by PPF Scheme members under this Act in respect of the insured policies comprised in insurance funds established and maintained under section 16 of the Insurance Act 1966 by direct insurers licensed to carry on life business; ( b ) all moneys borrowed by the Agency for the purpose of performing its functions under this Act in respect of the insured policies comprised in insurance funds established and maintained under section 16 of the Insurance Act 1966 by direct insurers licensed to carry on life business; ( c ) all moneys recovered by the Agency from, or out of the assets of, failed PPF Scheme members under this Act in respect of the PPF Scheme for life business; ( d ) any interest, dividend and other income derived from the investment of the moneys in the PPF Life Fund; ( e ) all other moneys lawfully paid into the PPF Life Fund. [11/2013] (3) The following must be paid into the PPF General Fund: ( a ) all levies, additional levies and late payment fees paid by PPF Scheme members under this Act in respect of the insured policies comprised in insurance funds established and maintained under section 16 of the Insurance Act 1966 by direct insurers licensed to carry on general business; ( b ) all moneys borrowed by the Agency for the purpose of performing its functions under this Act in respect of the insured policies comprised in insurance funds established and maintained under section 16 of the Insurance Act 1966 by direct insurers licensed to carry on general business; ( c ) all moneys recovered by the Agency from, or out of the assets of, failed PPF Scheme members under this Act in respect of the PPF Scheme for general business; ( d ) any interest, dividend and other income derived from the investment of the moneys in the PPF General Fund; ( e ) all other moneys lawfully paid into the PPF General Fund. [11/2013] (4) The PPF Life Fund and the PPF General Fund must be used for the objects and purposes of the PPF Scheme as provided in this Act, and must, subject to the directions of the Minister, be controlled and administered by the Agency. (5) The PPF Life Fund must be maintained by the Agency separately and apart from the PPF General Fund and the DI Fund. (6) The PPF General Fund must be maintained by the Agency separately and apart from the PPF Life Fund and the DI Fund. (7) To avoid doubt, the PPF Life Fund and the PPF General Fund are not funds of the Agency or the Authority.


document_id: dipopsa-2011
provision_ref: s35
chapter: PART 7 - POLICY OWNERS’ PROTECTION LIFE FUND AND
section: 35
title: Withdrawal and application of moneys of PPF Life Fund and PPF General Fund
content:
35. —(1) In carrying out the objects and purposes of the PPF Scheme, the moneys in the PPF Life Fund and the PPF General Fund may be withdrawn and applied as the Agency considers proper for all or any of the following purposes only: ( a ) all expenses incurred in or incidental to — (i) the establishment and maintenance of the PPF Scheme; (ii) the administration and management of the PPF Life Fund and the PPF General Fund; (iii) the administration and management of the Agency and the performance of the duties and functions of the Agency in respect of the PPF Scheme under this Act; (iv) the conduct of any investigation by the Agency for the purpose of determining the entitlement of any covered party to any compensation; (v) the transfer of the whole or part of the insurance business of a failed PPF Scheme member to another insurer; (vi) the run-off of the insurance business of a failed PPF Scheme member; (vii) the termination of any insured policy issued by a failed PPF Scheme member; and (viii) the raising and repayment of any loan for, or in connection with, any of the above expenses; ( b ) the payment of any fees to agents appointed by the Agency for the purposes of carrying out any services in respect of the PPF Scheme under this Act; ( c ) the repayment of any moneys borrowed by the Agency for the purpose of performing its functions and the payment of any expenses and interest incurred in connection with the moneys borrowed; ( d ) the withdrawal of all other moneys authorised or determined to be paid out of the PPF Life Fund and the PPF General Fund in accordance with this Act. [31/2018] (2) Despite subsection (1), the Authority may recover from the Agency out of the PPF Life Fund and the PPF General Fund, all expenses incurred by the Authority in the establishment of the Agency and in connection with the discharge of the functions and responsibilities of the Authority under sections 38, 39 and 40.


document_id: dipopsa-2011
provision_ref: s36
chapter: PART 7 - POLICY OWNERS’ PROTECTION LIFE FUND AND
section: 36
title: Investment of PPF Life Fund and PPF General Fund
content:
36. —(1) The Agency may invest any moneys in the PPF Life Fund and the PPF General Fund in all or any of the following: ( a ) any security issued by the Government or by the Authority; ( b ) Singapore dollar deposits placed with the Authority; ( c ) any debenture or debt security issued by Singapore Sukuk Pte. Ltd.; ( d ) such other investments, with the objects of capital preservation and maintenance of liquidity, as may be approved by the Minister. (2) The Agency may delegate, on such conditions or restrictions as it thinks fit, all or any of its powers and functions under subsection (1) to such employee or agent as it may appoint. (3) The Agency may pay to any person appointed under subsection (2) a reasonable fee for any service rendered in exercise of any power and function delegated to that person under that subsection. (4) The Agency may continue to exercise any power conferred upon it or perform any function under subsection (1) despite the delegation of such power or function to an employee or agent under this section.


document_id: dipopsa-2011
provision_ref: s37
chapter: PART 8 - LEVIES FOR PPF SCHEME
section: 37
title: Levies payable by PPF Scheme members
content:
37. —(1) Every PPF Scheme member must pay a levy for any premium year or part thereof in respect of the insured policies issued by the PPF Scheme member. [31/2018] (2) Subject to the provisions of this Act, the levy is of such amount as may be computed by the Authority under section 38. (3) The premium year for the PPF Scheme is the period prescribed in regulations made under subsection (4). (4) The Authority may make regulations for the purpose of prescribing the premium year.


document_id: dipopsa-2011
provision_ref: s38
chapter: PART 8 - LEVIES FOR PPF SCHEME
section: 38
title: Determination of levy rates and levies
content:
38. —(1) The Authority must assess and determine the levy rates for the purposes of computing the levies payable by PPF Scheme members. (2) The Authority must, on the basis of the levy rates determined under subsection (1) and — ( a ) the aggregate protected liabilities of a PPF Scheme member, in respect of — (i) insured policies covered under the PPF Life Fund; or (ii) insured policies covered under the PPF General Fund where the PPF Scheme member is not taking in any new insurance business or renewing any existing insurance policy; or ( b ) subject to paragraph ( a )(ii), the gross premium income of a PPF Scheme member, in respect of insured policies covered under the PPF General Fund, compute the amount of levy payable by the PPF Scheme member for any premium year or part thereof. (3) For the purposes of assessing and determining the levy rates and computing the levies payable, the Authority may, in consultation with the Agency, make regulations for or in respect of all or any of the following matters: ( a ) the establishment of a system of classifying PPF Scheme members into different categories; ( b ) the criteria and procedure for determining the category in which a PPF Scheme member is to be classified; ( c ) the prescribing of the levy rate applicable to each category of PPF Scheme members; ( d ) the manner in which the levy rate for each category of PPF Scheme members is to be determined; ( e ) the prescribing of a minimum levy payable by PPF Scheme members; ( f ) the manner in which the amount of levy for each category of PPF Scheme members is to be determined; ( g ) the computation of levy payable on a pro rata basis where a life insurer or general insurer becomes a PPF Scheme member, or is no longer exempted from the requirement to be a PPF Scheme member, at any time during a premium year; ( h ) the size of the PPF Life Fund and the PPF General Fund; ( i ) such other matters as the Authority considers necessary. (4) Regulations made pursuant to or dealing with the matters referred to in subsection (3)( c ) or ( d ) may provide for different levy rates for different categories of PPF Scheme members. (5) If the Authority wishes to amend or vary any regulations made under subsection (3), such regulations must not be amended or varied without consulting the Agency. (6) For the purposes of computing the levies payable, insured policies covered under the PPF Life Fund must be classified into any of the categories in the Second Schedule.


document_id: dipopsa-2011
provision_ref: s39
chapter: PART 8 - LEVIES FOR PPF SCHEME
section: 39
title: Notice of payment of levy
content:
39. —(1) Where the Authority has computed the amount of levy payable by any PPF Scheme member for any premium year or part thereof under section 38(2), the Authority must notify the Agency accordingly. (2) Upon receipt of the notification referred to in subsection (1), the Agency must, within a reasonable time prior to the date on which the PPF Scheme member is required to pay its levy under the PPF Scheme for that premium year or part thereof, give the PPF Scheme member written notice of the amount of levy payable and the date by which such levy must be paid.


document_id: dipopsa-2011
provision_ref: s40
chapter: PART 8 - LEVIES FOR PPF SCHEME
section: 40
title: Additional levies where PPF Life Fund or PPF General Fund insufficient to pay compensation
content:
40. —(1) Where, in the opinion of the Authority, there are insufficient moneys in the PPF Life Fund or the PPF General Fund (as the case may be) to pay any compensation due to any covered party, to fund any transfer or run‑off of the insurance business of any failed PPF Scheme member, or to fund the termination of any insured policy issued by a failed PPF Scheme member under this Act, the Authority may, with the concurrence of the Agency, determine — ( a ) that PPF Scheme members are required to pay additional levies for any premium year or part thereof; and ( b ) the levy rate or rates for the purposes of computing the additional levies. [31/2018] (2) Where a determination is made under subsection (1) — ( a ) the Authority must, as soon as practicable — (i) publish a notice in the Gazette of the requirement to pay additional levies and the levy rate or rates for the purposes of computing the additional levies referred to in subsection (1); and (ii) compute the additional levies payable by PPF Scheme members for that premium year or part thereof and notify the Agency accordingly; and ( b ) the Agency must, upon receipt of the notification referred to in paragraph ( a )(ii), give written notice to every PPF Scheme member of the additional levy that that PPF Scheme member is required to pay for that premium year or part thereof and the date by which the additional levy must be paid. (3) Despite subsections (1) and (2), no PPF Scheme member may, without the prior approval of the Minister, be required to pay additional levy for any premium year exceeding such percentage of the protected liabilities or gross premium income (as the case may be) of the PPF Scheme member as the Minister may, by order in the Gazette , prescribe. (4) For the purposes of subsection (3), the insured policy base or gross premium income (as the case may be) of any PPF Scheme member must be determined on such date as the Authority may notify in the Gazette for computing the amounts of additional levies payable by PPF Scheme members.


document_id: dipopsa-2011
provision_ref: s41
chapter: PART 8 - LEVIES FOR PPF SCHEME
section: 41
title: Payment of levies and late payment fees
content:
41. —(1) Where any PPF Scheme member is given written notice to pay any levy under section 39(2) or any additional levy under section 40(2) for any premium year or part thereof, the PPF Scheme member must pay to the Agency on or before the date of payment specified in the notice, the amount of levy or additional levy (as the case may be) that the PPF Scheme member is required to pay for that premium year or part thereof. (2) Subject to subsection (3), if a PPF Scheme member fails to pay the levy or additional levy or any part thereof on or before the date of payment specified in the notice in contravention of subsection (1) — ( a ) the Agency may, by written notice, impose on the PPF Scheme member such late payment fee as the Agency may by Rules determine; and ( b ) the PPF Scheme member must pay to the Agency such late payment fee together with the unpaid levy or additional levy (as the case may be) on or before the date of payment specified in the notice under paragraph ( a ). (3) The late payment fee referred to in subsection (2) must not exceed the amount of levy or additional levy (as the case may be) owing by the PPF Scheme member. (4) The amount of levy or additional levy owing by the PPF Scheme member and the late payment fee must be paid in such manner as may be specified in the Rules. (5) Without affecting any other remedy, any levy, additional levy or late payment fee payable under this Act is recoverable as a debt due to the Agency by the PPF Scheme member. (6) Where the Agency has commenced any legal proceedings in a court in Singapore to recover any levy, additional levy or late payment fee from a PPF Scheme member, the Agency is entitled to claim costs on a full indemnity basis from that PPF Scheme member.


document_id: dipopsa-2011
provision_ref: s42
chapter: PART 8 - LEVIES FOR PPF SCHEME
section: 42
title: Power to refund or remit levies, etc.
content:
42. The Agency may, with the approval of the Minister, refund or remit in whole or in part any levy or additional levy paid or payable by any PPF Scheme member under this Act.


document_id: dipopsa-2011
provision_ref: s43
chapter: PART 8 - LEVIES FOR PPF SCHEME
section: 43
title: Refund of levies, etc., paid in excess
content:
43. —(1) Where it appears to the Authority that a PPF Scheme member has paid any levy or additional levy in excess of the amount payable under this Act, the Authority must notify the Agency accordingly. (2) Upon receipt of the notification referred to in subsection (1), the Agency must refund to the PPF Scheme member the amount of levy or additional levy paid in excess.


document_id: dipopsa-2011
provision_ref: s44
chapter: PART 8 - LEVIES FOR PPF SCHEME
section: 44
title: Re-computation of levies and additional levies
content:
44. —(1) Where it appears to the Authority — ( a ) that the levy for any premium year or part thereof — (i) computed by the Authority under section 38(2) and notified to the Agency under section 39(1); or (ii) in respect of which a PPF Scheme member has been required to pay under section 39(2) or has so paid; or ( b ) that the additional levy for any premium year or part thereof — (i) computed by the Authority and notified to the Agency under section 40(2)( a ); or (ii) in respect of which a PPF Scheme member has been required to pay under section 40(2)( b ) or has so paid, is of an amount less than that which ought to have been computed, imposed or paid (called in this section the shortfall), the Authority may at any time during a period of 6 years after the premium year during which there is a shortfall, re-compute such amount of levy or additional levy which ought to have been computed, imposed or paid (as the case may be) under this Act. (2) Sections 39, 40 and 41 apply, with the necessary modifications, to any amount of levy or additional levy re‑computed under subsection (1) and the recovery of any shortfall in levy or additional levy upon a re-computation under that subsection as if the reference to levy or additional levy were a reference to the shortfall amount which is the difference between — ( a ) the amount of levy or additional levy as re-computed; and ( b ) the amount of levy or additional levy that was originally computed, imposed or paid (as the case may be) under this Act.


document_id: dipopsa-2011
provision_ref: s45
chapter: PART 8 - LEVIES FOR PPF SCHEME
section: 45
title: Disclosure of information relating to levies
content:
45. —(1) Subject to subsections (2) and (3), no PPF Scheme member or officer of any PPF Scheme member may disclose to any person — ( a ) the levy rate applicable to the PPF Scheme member; ( b ) the category in which the PPF Scheme member is classified pursuant to section 38; ( c ) where the system of classifying a PPF Scheme member incorporates a rating of the PPF Scheme member based on the assessment by the Authority of the risks arising from the activities of the PPF Scheme member, the rating of the PPF Scheme member; and ( d ) any information which if disclosed, would enable any of the information referred to in paragraph ( a ), ( b ) or ( c ) to be identified or deduced. (2) Despite subsection (1), a PPF Scheme member or an officer of a PPF Scheme member may disclose to — ( a ) any director or officer of the PPF Scheme member; ( b ) in the case where the PPF Scheme member is a branch, the head office, parent corporation or parent supervisory authority of the PPF Scheme member; ( c ) in the case where the PPF Scheme member is a company which is a subsidiary of a foreign corporation, the foreign corporation or the parent supervisory authority of the foreign corporation; or ( d ) such other person or class of persons as the Authority may approve, any of the matters referred to in subsection (1) where such disclosure is necessary for the performance of the duties of the person referred to in paragraph ( a ), ( b ) or ( c ), as the case may be. (3) No person to whom the PPF Scheme member or officer of the PPF Scheme member has disclosed information pursuant to subsection (2) may disclose that information to any other person except as approved by the Authority. (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 $125,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: dipopsa-2011
provision_ref: s46
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 46
title: Occurrence of events precipitating compensation or use of PPF Life Fund and PPF General Fund
content:
46. —(1) Where — ( a ) on or after 1 September 2011, an order is made by a court in Singapore or elsewhere to wind up a PPF Scheme member; ( b ) on or after 1 April 2019, a PPF Scheme member is voluntarily wound up under the Insolvency, Restructuring and Dissolution Act 2018 or under the law of a country or territory outside Singapore; ( c ) on or after 1 April 2019, an order is made, in respect of a PPF Scheme member that is a co‑operative society registered under the Co‑operative Societies Act 1979, cancelling its registration under section 89(1) of that Act; ( d ) on or after 1 September 2011, the Authority is of the opinion that a PPF Scheme member is insolvent, unable or likely to become unable to meet its obligations, or about to suspend payments; [Act 18 of 2022 wef 10/05/2024] ( e ) on or after 1 September 2011 but before the date of commencement of section 205 of the Financial Services and Markets Act 2022, the Authority had exercised its powers under Part 4B of the Monetary Authority of Singapore Act 1970 as in force immediately before that date in relation to a PPF Scheme member; or [Act 18 of 2022 wef 10/05/2024] ( f ) on or after the date of commencement of section 205 of the Financial Services and Markets Act 2022, the Authority is exercising or is likely to exercise, or has exercised, its powers under Part 8 of the Financial Services and Markets Act 2022 in relation to a PPF Scheme member, the Authority may determine that the PPF Life Fund or the PPF General Fund be utilised for one or more of the purposes mentioned in subsection (2). [31/2018; 40/2018] [Act 18 of 2022 wef 10/05/2024] (2) The purposes mentioned in subsection (1) are — ( a ) to pay compensation out of the PPF Life Fund or the PPF General Fund to any covered party in accordance with this Act; ( b ) to fund, whether in whole or in part, the transfer of the whole or part of the business of the PPF Scheme member to another insurer; ( c ) to fund the run-off of the insurance business of the PPF Scheme member without taking in any new insurance business or renewing any existing policies (other than a policy which has a provision providing for guaranteed renewability); and ( d ) to fund the termination of any insured policy issued by the PPF Scheme member. [31/2018] (3) For the purposes of subsection (2) — ( a ) the reference in paragraph ( b ) of that subsection to funding the transfer of the whole or part of the business of the PPF Scheme member to another insurer includes the payment of compensation out of the PPF Life Fund or the PPF General Fund to any covered party in accordance with this Act that is made following from, or in consequence of, the transfer; ( b ) the reference in paragraph ( c ) of that subsection to funding the run-off of the insurance business of the PPF Scheme member includes the payment of compensation out of the PPF Life Fund or the PPF General Fund to any covered party in accordance with this Act that is made following from, or in consequence of, the run‑off of the insurance business; and ( c ) the reference in paragraph ( d ) of that subsection to funding the termination of any insured policy issued by the PPF Scheme member includes the payment of compensation out of the PPF Life Fund or the PPF General Fund to any covered party in accordance with this Act that is made following from, or in consequence of, the termination, and similar references in other parts of this Act are also to be construed accordingly. [31/2018] (4) Where the Authority makes any determination referred to in subsection (1), the Authority must immediately give written notice to the Agency of its determination. (5) The written notice referred to in subsection (4) must be in such form and contain such information as may be agreed between the Authority and the Agency. (6) The Agency must, as soon as practicable upon receiving the notice referred to in subsection (4), publish a notification in the Gazette stating that a payment of compensation is to be made out of the PPF Life Fund or the PPF General Fund, or that the PPF Life Fund or the PPF General Fund is to be utilised to fund the transfer or run‑off of the insurance business of the failed PPF Scheme member, or to fund the termination of any insured policy issued by the failed PPF Scheme member, as the case may be . [31/2018] (7) Where the Authority has made a determination under subsection (1) that the PPF Life Fund or the PPF General Fund be utilised for the purpose mentioned in subsection (2)( c ), the Authority may make a further determination that the PPF Life Fund or the PPF General Fund (as the case may be) be utilised for one or more of the purposes mentioned in subsection (2)( b ) or ( d ). [31/2018] (8) Where the Authority makes a determination under subsection (7), the Authority must immediately give written notice of its determination to the Agency, and subsections (5) and (6) apply to that notice as if it were a notice given under subsection (4). [31/2018] (9) Upon receipt of the notice mentioned in subsection (4) or (8), the Agency must take all steps necessary to give effect to the Authority’s determination. [31/2018]


document_id: dipopsa-2011
provision_ref: s47
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 47
title: Entitlement to compensation for life business
content:
47. —(1) Subject to subsections (3) and (6) and section 49, where an insured policy owner has one or more insured policies covered under the PPF Life Fund issued by a failed PPF Scheme member which — ( a ) is or are issued to the insured policy owner; or ( b ) is or are issued to the insured policy owner jointly with one or more other persons as joint policy owners, a covered party is entitled to compensation from the PPF Life Fund of one or more of the amounts mentioned in subsection (2). [31/2018] (2) The amounts mentioned in subsection (1) are — ( a ) in the case of a Category 1 insured policy mentioned in the Second Schedule, an amount equivalent to the product of the protection ratio mentioned in paragraph 2( a ) of the Fourth Schedule and the amount of policy moneys payable in respect of that insured policy; ( b ) in the case of a Category 2 insured policy mentioned in the Second Schedule, an amount equivalent to — (i) the product of the protection ratio for the sum assured mentioned in paragraph 2( b ) of the Fourth Schedule and the sum assured guaranteed under that insured policy, or (if part of the sum assured guaranteed under that insured policy had previously been paid out under the insured policy) the remaining amount of the sum assured in the event that a claim event occurs before the quantification date; (ii) the product of the protection ratio for the surrender value mentioned in paragraph 2( c ) of the Fourth Schedule and, as the case may be — (A) the surrender value guaranteed under that insured policy in the event that the insured policy owner, or the trustee of the trust of the insured policy, has given written notice to the failed PPF Scheme member to surrender that insured policy before the quantification date; or (B) the remaining amount of the surrender value guaranteed under that insured policy in the event that payment of claims had been made to a covered party before the quantification date; or (iii) the sum of sub-paragraphs (i) and (ii), where applicable; ( c ) in the case of a Category 3 insured policy mentioned in the Second Schedule, an amount equivalent to the product of the protection ratio mentioned in paragraph 2( d ) of the Fourth Schedule and the amount of policy moneys guaranteed to be payable under the annuity by the failed PPF Scheme member; and ( d ) in the case of a Category 4 insured policy mentioned in the Second Schedule, an amount equivalent to — (i) the product of the protection ratio for the sum assured mentioned in paragraph 2( e )(i) of the Fourth Schedule and the sum assured guaranteed under that insured policy in the event that a claim event occurs before the quantification date; (ii) the product of the protection ratio for the surrender value mentioned in paragraph 2( e )(ii) of the Fourth Schedule and the surrender value guaranteed under that insured policy in the event of a surrender before the quantification date; or (iii) the product of the protection ratio for the commuted value mentioned in paragraph 2( e )(iii) of the Fourth Schedule and the amount of policy moneys which are guaranteed to be payable in the case of an annuity. [31/2018] (3) Subject to subsection (4), where any of the insured policies mentioned in subsection (1) is an insured policy which is covered under the PPF Life Fund — ( a ) the insured policy owner; ( b ) the trustee of a trust of the insured policy; ( c ) any beneficiary of the insured policy; or ( d ) any combination of persons mentioned in paragraph ( a ), ( b ) or ( c ), is or are entitled to compensation from the PPF Life Fund of the full amount of the protected liabilities in respect of the insured policy. [31/2018] (4) Where a combination of the persons mentioned in subsection (3)( d ) are entitled to compensation from the PPF Life Fund, their total compensation must not exceed the full amount of the protected liabilities in respect of the insured policy. [31/2018] (5) The determination of the amount of compensation payable under an insured policy mentioned in subsection (2) must only include the accumulated values (including interest which has accrued on such values) of coupon deposits, advance premium payments and unclaimed moneys under the insured policy, insofar as they relate to an insured policy that provides fully guaranteed or partially guaranteed benefits. [31/2018] (6) Where a claim event for an insured policy has occurred, or where an insured policy has been terminated, on or before the quantification date, there must be deducted from the amount of compensation mentioned in subsection (2) — ( a ) any outstanding loan taken out against that insured policy; and ( b ) any outstanding premiums owed by the policy owner for that insured policy. [31/2018]


document_id: dipopsa-2011
provision_ref: s48
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 48
title:
Entitlement to compensation for life business — refund of premiums and claim under accidental death insurance cover

content:
48. —(1) Where an insured policy owner is expressly entitled under the contract of insurance in respect of an insured policy which is covered under the PPF Life Fund to a refund of premiums by a failed PPF Scheme member, a covered party is entitled to compensation from the PPF Life Fund for the premiums in full. [31/2018] (2) Where an accidental death insurance cover is provided by a PPF Scheme member to a customer before the inception of an insured policy, and an accidental death claim on the cover arises on or before the quantification date, the customer’s beneficiary is entitled to compensation from the PPF Life Fund for the accidental death benefit under the cover upon admission of the claim. [31/2018]


document_id: dipopsa-2011
provision_ref: s48A
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 48A
title: Entitlement to compensation for general business
content:
48A. —(1) Subject to subsections (2), (4), (5) and (6) and section 49, where an insured policy owner has one or more insured policies covered under the PPF General Fund issued by a failed PPF Scheme member, which — ( a ) is or are issued to the insured policy owner; or ( b ) is or are issued to the insured policy owner jointly with one or more other persons as joint policy owners, a covered party is entitled to compensation from the PPF General Fund of the aggregate amount of the protected liabilities in respect of the insured policy or all such insured policies. [31/2018] (2) The entitlement to compensation under subsection (1) is subject to the maximum amount of compensation that is prescribed by the Authority for the class or type of insured policy or claim event, or both. [31/2018] (3) The Authority may make regulations to prescribe the maximum amount of compensation that a covered party is entitled to under subsection (1) for each class or type of insured policy or claim event, or both. [31/2018] (4) Subject to subsection (5), where any of the insured policies mentioned in subsection (1) is an insured policy which is covered under the PPF General Fund — ( a ) the insured policy owner; ( b ) the trustee of a trust of the insured policy; ( c ) any beneficiary of the insured policy; or ( d ) any combination of persons mentioned in paragraph ( a ), ( b ) or ( c ), is or are entitled to compensation from the PPF General Fund of the full amount of the protected liabilities in respect of the insured policy. [31/2018] (5) Where a combination of the persons mentioned in subsection (4)( d ) is entitled to compensation from the PPF General Fund, their total compensation must not exceed the full amount of the protected liabilities in respect of the insured policy. [31/2018] (6) Where a claim event for an insured policy has occurred, or where an insured policy has been terminated, on or before the quantification date, the compensation under subsection (1) is to be reduced by the amount of all outstanding premiums due under the insured policy at the time of the claim event. [31/2018]


document_id: dipopsa-2011
provision_ref: s48B
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 48B
title: Entitlement to compensation for general business — refund of premiums
content:
48B. Where an insured policy owner is expressly entitled under the contract of insurance in respect of an insured policy which is covered under the PPF General Fund to a refund of premiums by a failed PPF Scheme member, a covered party is entitled to compensation from the PPF General Fund for the premiums in full. [31/2018]


document_id: dipopsa-2011
provision_ref: s49
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 49
title: Joint insured policies
content:
49. —(1) Where there are 2 or more insured policy owners in respect of any insured policy, each of those insured policy owners is entitled, as at the quantification date, to compensation from the PPF Life Fund or the PPF General Fund, as the case may be. (2) For the purposes of determining the share of an insured policy owner in an insured policy under subsection (1), each insured policy owner holding such insured policy is deemed to have an equal share in the insured policy unless there is an express provision to the contrary in the books of the failed PPF Scheme member. (3) To avoid doubt, subsection (2) does not affect any rights as between the insured policy owners themselves.


document_id: dipopsa-2011
provision_ref: s50
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 50
title: Restrictions on entitlement to compensation under PPF Scheme
content:
50. A person is not entitled to compensation under this Part in respect of an insured policy, or an accidental death insurance cover mentioned in section 48(2), if the Agency has, in respect of the insured policy or accidental death insurance cover, paid to — ( a ) the insured policy owner; ( b ) a trustee of a trust of the insured policy; ( c ) a beneficiary of the insured policy or the accidental death insurance cover; ( d ) the insured policy owner and a beneficiary of the insured policy or the accidental death insurance cover; or ( e ) a trustee of a trust of the insured policy and a beneficiary of the insured policy or the accidental death insurance cover, as the case may be, the full amount of compensation payable to the person or persons in accordance with this Act. [31/2018]


document_id: dipopsa-2011
provision_ref: s50A
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 50A
title: Cessation of coverage under PPF Scheme
content:
50A. —(1) If a determination is made by the Authority for the utilisation of the PPF Life Fund under section 46(1), the insured policy owner of an insured policy which — ( a ) is covered by the PPF Life Fund; and ( b ) is issued by the PPF Scheme member in relation to which the determination was made, is not entitled to exercise any settlement option contained in a contract of insurance for the insured policy on or after the quantification date. [31/2018] (2) Where a settlement option contained in a contract of insurance for an insured policy which is covered by the PPF Life Fund has been exercised before the quantification date — ( a ) the insured policy ceases to be covered under the PPF Life Fund as at the date on which the settlement option was exercised; and ( b ) a covered party is not entitled to any compensation under this Part. [31/2018] (3) In this section, “settlement option” means an option that is exercisable by a covered party upon the surrender or maturity of an insured policy, or upon a claim being made under an insured policy — ( a ) to leave the policy moneys ascertained to be due and payable under the policy with the insurer which issued the policy to further accrue interest on or to invest the payments; or ( b ) to convert the otherwise lump sum payment of the policy moneys ascertained to be due and payable under the policy to instalment payments over a fixed period. [31/2018] (4) This section only applies in respect of a settlement option contained in a contract for an insured policy if, apart from the payment of the principal and interest or gains, or the instalment payments, as a result of exercising the option set out in subsection (3), no further policy moneys are payable under the insured policy on the happening of any contingency after the exercise of the option. [31/2018]


document_id: dipopsa-2011
provision_ref: s51
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 51
title: Computation and method of payment of compensation under PPF Scheme
content:
51. —(1) The Agency must compute in accordance with this Act the amount of compensation due to a covered party under an insured policy which is covered under the PPF Life Fund or the PPF General Fund issued by a failed PPF Scheme member. [31/2018] (2) The Agency is entitled to rely on the books of the failed PPF Scheme member, and any other books that the Agency thinks relevant, for the purpose of determining the eligibility of, the entitlement to, and the amount of compensation due to a covered party under an insured policy which is covered under the PPF Life Fund or the PPF General Fund that is issued by the failed PPF Scheme member. [31/2018] (3) Subject to subsection (4), the Agency must pay the compensation in such form and manner as may be specified in the Rules. (4) The Authority may make regulations for the purposes of payment of compensation by the Agency. (5) Without limiting subsection (4), such regulations may — ( a ) specify the person to whom, or the account into which, payment of compensation is to be made for the benefit of any covered party who is entitled to compensation under this Act; and ( b ) provide for the payment of compensation into an equivalent account with a financial institution and for such compensation to be held in that account in a manner equivalent to the manner of holding of the original insured policy. [31/2018]


document_id: dipopsa-2011
provision_ref: s52
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 52
title: Subrogation
content:
52. —(1) Upon payment out of the PPF Life Fund or the PPF General Fund of any compensation under this Act to, or for the benefit of, any covered party, the Agency is subrogated to the extent of such payment to all the rights and remedies of — ( a ) the insured policy owner; ( b ) the beneficiary; ( c ) the trustee of a trust of an insured policy; or ( d ) the person who received compensation on behalf of the insured policy owner, the trustee of a trust of an insured policy or the beneficiary, as the case may be, in respect of the insured policy in priority over — ( e ) the rights and remedies of the insured policy owner or the person who received the compensation on behalf of the insured policy owner (as the case may be) in relation to that insured policy; ( f ) in the case where the insured policy is covered under the PPF Life Fund or the PPF General Fund and provides third party benefits, the rights and remedies of the beneficiary or the person who received the compensation on behalf of the beneficiary (as the case may be) in relation to that insured policy; and ( g ) the rights and remedies of any person who is subrogated, whether or not before the Agency’s subrogation, to the rights and remedies of any of the persons referred to in paragraphs ( a ), ( b ), ( c ) and ( d ) in relation to that insured life policy, and may maintain an action in respect of those rights and remedies in the name of the person referred to in paragraph ( a ), ( b ), ( c ) or ( d ) (as the case may be) or in the name of the Agency, subject to subsection (2). [31/2018] (2) Where the Agency maintains an action in respect of the rights and remedies in the name of the person referred to in subsection (1)( a ), ( b ), ( c ) or ( d ) (as the case may be) the following provisions apply: ( a ) in the case where the failed PPF Scheme member is not wound up, the Agency is entitled to recover the full amount of compensation claimed against the failed PPF Scheme member, despite any liabilities owing by the insured policy owner to the PPF Scheme member; ( b ) in the case where the failed PPF Scheme member is wound up, the insolvency rules relating to set-off do not apply in relation to the rights and remedies of the insured policy owner. [31/2018] (3) For the purposes of subsection (1), where the Agency is unable to effect payment to any covered party (whether due to an incorrect or outdated address, a dormant account or any other reason beyond the reasonable control of the Agency), the Agency is treated as having made payment out of the PPF Life Fund or the PPF General Fund (as the case may be) of compensation under this Act to, or for the benefit of, the covered party, if the Agency makes payment of the compensation to the Public Trustee appointed under the Public Trustee Act 1915 to be held on trust for the covered party. [31/2018] (4) The persons referred to in paragraphs ( a ), ( b ), ( c ) and ( d ) of subsection (1), or any person who is subrogated, whether or not before the Agency’s subrogation, to the rights and remedies of those persons, is not entitled to receive any amount from, or out of, the assets of the failed PPF Scheme member until the Agency has been reimbursed in full the amount of compensation paid to those persons. [31/2018] (5) Despite any provision in the Insolvency, Restructuring and Dissolution Act 2018 or the Co‑operative Societies Act 1979, the Agency is entitled — ( a ) in the case where a failed PPF Scheme member is wound up or dissolved, to be reimbursed out of the assets of the failed PPF Scheme member for the expenses incurred for or in respect of — (i) the payment of any compensation to any covered party, including any interest charged on moneys borrowed by the Agency for the purpose of making payment of any compensation under the PPF Scheme; (ii) the lodging of any claim with the liquidator of the failed PPF Scheme member for any compensation that has been paid out to any covered party under the PPF Scheme; (iii) any communication with any covered party and the public on, or relating to, the payment of any compensation to any covered party under the PPF Scheme; and (iv) such other matters as may be prescribed by the Authority; or ( b ) in any other case, to be reimbursed by the failed PPF Scheme member or the provisional liquidator of the failed PPF Scheme member (as the case may be) for the expenses incurred for or in respect of — (i) the payment of any compensation to any covered party, including any interest charged on moneys borrowed by the Agency for the purpose of making payment of any compensation under the PPF Scheme; (ii) the lodging of any claim with the provisional liquidator of the failed PPF Scheme member for any compensation that has been paid out to any covered party under the PPF Scheme; (iii) any communication with any covered party and the public on, or relating to, the payment of any compensation to any covered party under the PPF Scheme; and (iv) such other matters as may be prescribed by the Authority. [31/2018; 40/2018] (6) The Authority may by regulations — ( a ) provide for the manner, process or method by which the Agency may exercise its rights to be subrogated to the rights and remedies as set out in subsection (1); and ( b ) prescribe the matters mentioned in subsection (5)( a )(iv) and ( b )(iv). [31/2018] (7) For the purposes of making payment of compensation by the Agency to the Public Trustee under subsection (3) and payment of compensation by the Public Trustee to any covered party under this Act, the Authority may, with the Public Trustee’s concurrence and in consultation with the Agency, make regulations for or in respect of all or any of the following matters: ( a ) the manner in which moneys paid by the Agency to the Public Trustee are to be paid to any covered party under this Act; ( b ) the fees to be paid by the Agency to the Public Trustee and the manner of payment of such fees; ( c ) such other matters as the Authority considers necessary. [31/2018] (8) The provisions in the Fifth Schedule apply in relation to the holding and payment of compensation by the Public Trustee to insured policy owners and beneficiaries under this Act. (9) If the Authority wishes to amend or vary any regulations made under subsection (7), the Authority must first conduct a joint review with the Public Trustee and such regulations must not be amended or varied without the Public Trustee’s concurrence and consulting the Agency.


document_id: dipopsa-2011
provision_ref: s53
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 53
title: Recovery of compensation paid in excess or in error under PPF Scheme
content:
53. —(1) If — ( a ) any compensation paid to, or for the benefit of, any covered party is in excess of what ought to have been paid to the covered party under this Act; or ( b ) any compensation is paid in error to any person, the Agency may recover the amount paid in error or excess from the person who received the compensation, in such manner and within such period as may be specified by the Agency to that person. [31/2018] (2) Without affecting any other remedy, any amount paid in error or excess to any person is recoverable as a debt due to the Agency by that person. (3) Despite any provision in the Limitation Act 1959, an action to recover any amount paid in error or excess to any person recoverable by virtue of this section must not be brought after the expiry of the period during which the action may be brought against the person under the Limitation Act 1959 or the date of completion of the winding up of the failed PPF Scheme member, whichever is later. (4) Upon the recovery of any amount paid in error or excess from any person under this section (called in this section the recovered amount), the Agency must do the following: ( a ) in the case where the failed PPF Scheme member is not wound up or where the winding up of the failed PPF Scheme member has not completed and the Agency has not recovered or has not recovered in full from the failed PPF Scheme member or its liquidator (as the case may be) the compensation which it paid out to the covered party, the Agency must deduct from the recovered amount the shortfall in compensation and pay such deducted amount to the PPF Life Fund or the PPF General Fund (as the case may be) and pay the amount remaining from the recovered amount after the deduction (if any) to the failed PPF Scheme member or its liquidator, as the case may be; ( b ) in the case where the failed PPF Scheme member is not wound up or where the winding up of the failed PPF Scheme member has not completed and the Agency has recovered from the failed PPF Scheme member or its liquidator (as the case may be) in full the compensation which it paid out to the covered party, the Agency must pay the recovered amount to the failed PPF Scheme member or its liquidator, as the case may be; ( c ) in the case where the winding up of the failed PPF Scheme member has completed and the Agency has not recovered or has not recovered in full from the liquidator the compensation which it paid out to the covered party, the Agency must deduct from the recovered amount the shortfall in compensation and pay such deducted amount to the PPF Life Fund or the PPF General Fund (as the case may be) and pay the amount remaining from the recovered amount after the deduction (if any) to the Official Receiver to be placed to the credit of the Companies Liquidation Account; ( d ) in the case where the winding up of the failed PPF Scheme member has completed and the Agency has recovered from the liquidator in full the compensation which it paid out to the covered party, the Agency must pay the recovered amount to the Official Receiver to be placed to the credit of the Companies Liquidation Account. [31/2018] (5) Section 197(4), (7), (8), (9) and (10) of the Insolvency, Restructuring and Dissolution Act 2018 applies, with the necessary modifications, to the money paid to the Official Receiver under subsection (4)( c ) and ( d ). [40/2018]


document_id: dipopsa-2011
provision_ref: s54
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 54
title:
Use of PPF Life Fund or PPF General Fund for transfer or run‑off of insurance business or for termination of insured policies

content:
54. —(1) In determining under section 46 — ( a ) whether the PPF Life Fund or the PPF General Fund is to be utilised to fund — (i) any transfer of the whole or part of the insurance business of the failed PPF Scheme member to another insurer; (ii) any run-off of the insurance business of the failed PPF Scheme member; or (iii) any termination of insured policies issued by the failed PPF Scheme member; and ( b ) the amount of the PPF Life Fund or the PPF General Fund to be utilised, the Authority must (without limiting any other factor that the Authority may consider relevant) have regard to the factors in subsection (2). [31/2018] (2) For the purposes of subsection (1), the factors are — ( a ) the costs of transferring the whole or part of the insurance business of the failed PPF Scheme member, running‑off the insurance business of the failed PPF Scheme member, or terminating the insured policies issued by the failed PPF Scheme member, as the case may be; and ( b ) the impact of not transferring the whole or part of the insurance business of the failed PPF Scheme member, not running‑off the insurance business of the failed PPF Scheme member, or not terminating the insured policies issued by the failed PPF Scheme member, as the case may be. [31/2018] (3) For the purposes of subsection (1), the Authority must, prior to notifying the Agency of its determination under section 46, obtain the approval of the Minister for the amount to be paid out of the PPF Life Fund or the PPF General Fund (as the case may be) by the Agency. (4) Where the insurance business of a failed PPF Scheme member is transferred to another insurer, or the insurance business is run‑off by the Agency or by a person appointed by the Agency or the Authority, and a contingency upon which policy moneys are payable under an insured policy issued by the failed PPF Scheme member occurs after the transfer, or during the run‑off, of the insurance business — ( a ) the benefits that an insured policy owner, or a trustee of a trust, of an insured policy which is covered under the PPF Life Fund or the PPF General Fund is entitled to receive under the insured policy; or ( b ) in the case of an insured policy which is covered under the PPF Life Fund or the PPF General Fund and which provides third party benefits, the benefits that — (i) any insured policy owner; (ii) any trustee of a trust of the insured policy; (iii) any beneficiary of the insured policy; (iv) any insured policy owner and any beneficiary of the insured policy; or (v) any trustee of a trust of the insured policy and any beneficiary of the insured policy, as the case may be, is or are entitled to receive under the insured policy, must be an amount not less than the protected liabilities in respect of the insured policy. [31/2018] (5) Where an insured policy issued by a failed PPF Scheme member is terminated by the Agency — ( a ) the benefits that a covered party is entitled to receive under an insured policy which is covered under the PPF Life Fund or the PPF General Fund; or ( b ) in the case of an insured policy which is covered under the PPF Life Fund or the PPF General Fund and which provides third party benefits, the benefits that — (i) any insured policy owner; (ii) any trustee of a trust of the insured policy; (iii) any beneficiary of the insured policy; (iv) any insured policy owner and any beneficiary of the insured policy; or (v) any trustee of a trust of the insured policy and any beneficiary of the insured policy, as the case may be, is or are entitled to receive under the insured policy, must be an amount not less than the protected liabilities in respect of the insured policy. [31/2018] (6) The entitlement to benefits mentioned in subsections (4) and (5) is subject to the maximum amounts of benefits prescribed by the Authority for the class or type of insured policy. [31/2018] (7) The Authority may make regulations to prescribe the maximum amount of benefits that the persons mentioned in subsections (4) and (5) are entitled to for each class or type of insured policy. [31/2018] (8) For the purposes of subsections (4) and (5), the protected liabilities in respect of an insured policy of the insured policy owner must be computed in accordance with the Third Schedule. [31/2018] (9) The Agency is entitled to be reimbursed by the failed PPF Scheme member or the provisional liquidator of the failed PPF Scheme member (as the case may be) for the expenses incurred in — ( a ) in the event of a transfer of the whole or part of the business from the failed PPF Scheme member to another insurer, the costs and expenses of such transfer; ( b ) in the event of the run-off of the whole or part of the business of the failed PPF Scheme member, the costs and expenses of setting up a company to run‑off the insurance policies and outsourcing the administration of the insurance policies to a third party; and ( c ) in the event of the termination of insured policies issued by the failed PPF Scheme member, the costs and expenses of effecting such termination. [31/2018]


document_id: dipopsa-2011
provision_ref: s54A
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 54A
title: Duties of liquidators in winding up of PPF Scheme member
content:
54A. —(1) A person who — ( a ) is appointed as a liquidator under the Insolvency, Restructuring and Dissolution Act 2018 for the winding up of a PPF Scheme member; and ( b ) has been approved by the Authority as such under section 54(4) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205 of the Financial Services and Markets Act 2022 or under section 63(4) of the Financial Services and Markets Act 2022, (called in this section the liquidator) must, in carrying out its functions as a liquidator, work together with the Agency to ensure that any covered party who is entitled to receive compensation from the PPF Life Fund or the PPF General Fund receives payment from the Agency as soon as is reasonably practicable. [31/2018; 40/2018] [Act 18 of 2022 wef 10/05/2024] (2) The Authority may, by written notice to the liquidator, require the liquidator to give the Agency such information and reasonable assistance as the Authority considers necessary — ( a ) to ensure that any covered party who is entitled to receive compensation from the PPF Life Fund or the PPF General Fund receives payment from the Agency as soon as is reasonably practicable; and ( b ) to enable the Agency to fulfil its objects and discharge its functions under this Act. [31/2018] (3) Despite any written law or rule of law but subject to subsection (4), the liquidator must not, without the prior written approval of the Authority, sell or transfer any assets of the PPF Scheme member being wound up to — ( a ) any person who provides services in connection with the winding up of the PPF Scheme member; or ( b ) any person working for or on behalf of — (i) the Agency; (ii) the Authority; or (iii) a person mentioned in paragraph ( a ). [31/2018] (4) Subsection (3) does not prevent the payment by the liquidator of any debt of the PPF Scheme member being wound up in accordance with any written law or rule of law relating to the winding up of companies. [31/2018] (5) Any sale or transfer of assets by the liquidator in contravention of subsection (3) is void. [31/2018] (6) Any liquidator who — ( a ) without reasonable excuse, fails to comply with subsection (1), or any notice issued by the Authority under subsection (2); or ( b ) being required to provide information to the Agency under subsection (2), knowingly or recklessly provides any information or document that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction. [31/2018]


document_id: dipopsa-2011
provision_ref: s55
chapter: PART 9 - COMPENSATION AND USE OF PPF LIFE FUND AND
section: 55
title: Powers of liquidator in respect of claims against insured policy owner
content:
55. —(1) Subject to subsection (3), despite any written law or rule of law, where — ( a ) the Agency has paid compensation out of the PPF Life Fund or the PPF General Fund in accordance with this Act to — (i) any insured policy owner; (ii) any trustee of a trust of an insured policy; (iii) any beneficiary of an accidental death insurance cover; or (iv) any combination of persons mentioned in sub‑paragraphs (i), (ii) and (iii); ( b ) such compensation is, or will be, accorded priority in the event of the winding up of the failed PPF Scheme member under section 123 of the Insurance Act 1966; and ( c ) the failed PPF Scheme member has one or more existing claims against the insured policy owner, the liquidator may bring legal proceedings with respect to those claims in the name, and on behalf, of the failed PPF Scheme member against the insured policy owner or any person who received compensation on behalf of the insured policy owner, to recover such moneys as may be necessary to put the failed PPF Scheme member into the position it would have been as against the insured policy owner with respect to those claims, if — ( d ) the Agency had not paid out any compensation or been accorded priority under section 123 of the Insurance Act 1966 in respect of the compensation paid to the insured policy owner; and ( e ) the liquidator had applied the same rules with regard to the respective rights of debts provable and the valuation of future and contingent liabilities as are in force for the time being under the law relating to bankruptcy in relation to the estates of persons adjudged bankrupt, as if the failed PPF Scheme member were a person so adjudged. [31/2018] (2) Such moneys are recoverable as a debt due to the failed PPF Scheme member by the insured policy owner or any person who received compensation on behalf of the insured policy owner. (3) This section does not apply to any moneys held by the Public Trustee pursuant to any payment of compensation by the Agency under section 52(3). (4) In this section, a reference to the insured policy owner includes, where compensation has been paid by the Agency under section 48(2) to a person entitled to accidental death benefit under the terms of an accidental death insurance cover provided by a PPF Scheme member to a customer before the inception of an insured policy, the customer of the PPF Scheme member. [31/2018]


document_id: dipopsa-2011
provision_ref: s56
chapter: PART 10 - DEPOSIT INSURANCE AND POLICY OWNERS’
section: 56
title: Designation of company to be deposit insurance and policy owners’ protection fund agency
content:
56. The Minister may, by notification in the Gazette , designate a company incorporated in Singapore to be the deposit insurance and policy owners’ protection fund agency for the purposes of this Act.


document_id: dipopsa-2011
provision_ref: s57
chapter: PART 10 - DEPOSIT INSURANCE AND POLICY OWNERS’
section: 57
title: Objects, functions and powers of Agency
content:
57. —(1) Subject to the provisions of this Act, the objects of the Agency are — ( a ) to administer the DI Scheme and PPF Scheme in accordance with this Act; ( b ) to administer and manage the DI Fund, PPF Life Fund and PPF General Fund in accordance with this Act; ( c ) to administer and manage the insurance business of a failed PPF Scheme member; and ( d ) to take such steps as may be directed by the Minister or after consultation with the Authority, to contribute to the stability of the financial system. (2) Without limiting subsection (1) , the functions of the Agency include the following: ( a ) collect premium contributions and levies payable by DI Scheme members and PPF Scheme members under this Act; ( b ) make payments of compensation in respect of insured deposits to insured depositors out of the DI Fund after the Agency has determined the eligibility and entitlement of the depositors; ( c ) make payments of compensation out of the PPF Life Fund and the PPF General Fund in respect of protected liabilities to any covered party after the Agency has determined the covered party’s eligibility and entitlement; ( d ) make interim payments of compensation out of the DI Fund to insured depositors of such amounts as the Agency considers appropriate; ( e ) make payments to a trustee of a resolution fund established for a resolution measure undertaken for a DI Scheme member; ( f ) make interim payments of compensation, of such amounts as the Agency considers appropriate, out of the PPF Life Fund and the PPF General Fund to any covered party; ( g ) where the transfer of the whole or part of the insurance business from a failed PPF Scheme member, or from a company set up to hold the insured policies of the failed PPF Scheme member, to another PPF Scheme member is reasonably practicable, make payment out of the PPF Life Fund or the PPF General Fund to fund such transfer; ( h ) make payment out of the PPF Life Fund or the PPF General Fund to — (i) fund the run-off of the insurance business of the failed PPF Scheme member; (ii) set up a company to hold the insured policies of the failed PPF Scheme member; and (iii) outsource the administration of the insured policies of the failed PPF Scheme member to a third party; ( i ) carry on the run-off of the insurance business of the failed PPF Scheme member and to set up a company to hold the insured policies of the failed PPF Scheme member; ( j ) carry out the termination of insured policies issued by a failed PPF Scheme member and make payment out of the PPF Life Fund or the PPF General Fund to fund such termination; ( k ) claim from the failed DI Scheme member for reimbursement of the amount of compensation paid to the insured depositors out of the DI Fund, together with any interest accrued thereon; ( l ) claim from the failed PPF Scheme member for reimbursement of the amount of compensation paid to covered parties out of the PPF Life Fund or the PPF General Fund, together with any accrued interest; ( m ) claim payment from the liquidator or provisional liquidator of a failed DI Scheme member, out of the assets of the failed DI Scheme member, for reimbursement of the amount of compensation paid to the insured depositors out of the DI Fund, together with any interest accrued thereon; ( n ) claim payment from the liquidator or provisional liquidator of a failed PPF Scheme member, out of the assets of the failed PPF Scheme member, for reimbursement of the amount of compensation paid to covered parties out of the PPF Life Fund or the PPF General Fund, together with any accrued interest; ( o ) educate the public on the DI Scheme and the PPF Scheme; ( p ) submit to the liquidator of a failed DI Scheme member a consolidated proof of debt on behalf of insured depositors of a failed DI Scheme member in relation to each of their insured deposits placed with the failed DI Scheme member that exceeds the Maximum DI Coverage. [31/2017; 31/2018] (3) The Agency has the power to do anything for the purpose of fulfilling its objects and discharging its functions under this Act or any other written law, or which is incidental or conducive to the fulfilment of those objects and discharge of those functions. (4) Without limiting subsection (3), the Agency may — ( a ) for the purpose of making payments of compensation to insured depositors in respect of their insured deposits under the DI Scheme, raise loans by means of a charge over the assets of the DI Fund; and ( b ) for the purpose of making payments out of the PPF Life Fund or the PPF General Fund, raise loans by means of a charge over the assets of the PPF Life Fund or the PPF General Fund. [31/2018] (5) Despite sections 9(5) and 34(5) and (6), the Agency may transfer to its account for the purpose of paying expenses of the Agency, moneys from the DI Fund, PPF Life Fund and PPF General Fund up to the amount approved under section 77 by the Minister as estimates and supplementary estimates of income and expenditure of the DI Fund, PPF Life Fund and PPF General Fund. [31/2018]


document_id: dipopsa-2011
provision_ref: s58
chapter: PART 10 - DEPOSIT INSURANCE AND POLICY OWNERS’
section: 58
title: Amendment to constitution of Agency
content:
58. —(1) Despite any provision in the Companies Act 1967, the Agency must not amend the constitution of the Agency without the prior approval of the Minister. [31/2018] (2) Any amendment made to the constitution of the Agency without the prior approval of the Minister is void. [31/2018]


document_id: dipopsa-2011
provision_ref: s59
chapter: PART 10 - DEPOSIT INSURANCE AND POLICY OWNERS’
section: 59
title: Appointment of board of directors
content:
59. —(1) This section has effect despite any provision in the Companies Act 1967 and the constitution of the Agency. [31/2018] (2) The board of directors of the Agency consists of — ( a ) a Chairperson who must be appointed by the board of directors; and ( b ) not less than 4 but not more than 9 other directors. (3) A director holds office for a term not exceeding 3 years and is eligible for re‑appointment. (4) No person may be appointed as or remain a director on the board of directors if the person is a substantial shareholder, a director or an employee of — ( a ) any DI Scheme member or PPF Scheme member; or ( b ) a related corporation of any DI Scheme member or PPF Scheme member. (5) In this section — “related corporation” has the meaning given by section 4(1) of the Companies Act 1967; “substantial shareholder” has the meaning given by section 81 of the Companies Act 1967.


document_id: dipopsa-2011
provision_ref: s61
chapter: PART 10 - DEPOSIT INSURANCE AND POLICY OWNERS’
section: 61
title: Salaries, fees and allowances payable to Chairperson and directors
content:
61. There are to be paid to the Chairperson of the board of directors and directors of the Agency out of the DI Fund, PPF Life Fund and PPF General Fund such salaries, fees and allowances as the Minister may determine upon the recommendation of the Agency.


document_id: dipopsa-2011
provision_ref: s62
chapter: PART 10 - DEPOSIT INSURANCE AND POLICY OWNERS’
section: 62
title: Appointment of Chief Executive, officers and employees, etc.
content:
62. —(1) The board of directors must appoint a Chief Executive on such terms and conditions as the board may determine. (2) The Chief Executive is — ( a ) known by such designation as the board of directors may determine; and ( b ) responsible to the board of directors for the proper administration and management of the functions and affairs of the Agency in accordance with the policies and directions laid down by the board. (3) Where the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness, or is for any other reason temporarily unable to perform his or her duties, a person may be appointed by the board of directors to act in the place of the Chief Executive during any such period of absence from duty. (4) The Agency may appoint and employ on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.


document_id: dipopsa-2011
provision_ref: s63
chapter: PART 10 - DEPOSIT INSURANCE AND POLICY OWNERS’
section: 63
title: Rules issued by Agency for DI Scheme and PPF Scheme
content:
63. —(1) The Agency may issue, and in its discretion publish for information in the Gazette or in any other manner as it considers appropriate, Rules for any matter relating to any of its functions under this Act. (2) Without limiting subsection (1), such Rules may provide for — ( a ) the manner and method of collection of premium contributions, levies and late payment fees; ( b ) the manner of disclosure by DI Scheme members as to whether their products are insured deposits; ( c ) the manner of disclosure by PPF Scheme members as to whether their products are insured policies; ( d ) the particulars to be recorded in, or in respect of, books kept by DI Scheme members for the purpose of computing the amount of insured deposits placed with the DI Scheme members, and the particulars to be recorded in, or in respect of, books kept by PPF Scheme members for the purpose of confirming the insured policies issued by the PPF Scheme members; ( e ) the manner in which compensation is to be paid to the following persons: (i) insured depositors and persons mentioned in section 22(7) from the DI Fund; (ii) any covered party from the PPF Life Fund and the PPF General Fund; ( f ) the collection from any DI Scheme member by the Agency of any information in relation to its insured deposits and insured depositors, for the purpose of computing the amount of compensation which is to be paid to the insured depositors; and ( g ) the collection from any PPF Scheme member by the Agency of any information in relation to the insured policies and any covered party for the purpose of computing the amount of compensation that is to be paid to the covered party. [31/2018] (3) The Agency may, at any time, amend or revoke the whole or part of any Rule issued under this section. (4) Without limiting the operation of any other provision of this Act, the Rules bind the Agency, the DI Scheme members and the PPF Scheme members to the same extent as if the Rules had been contained in properly executed agreements on the part of the Agency and each DI Scheme member, or the Agency and each PPF Scheme member (as the case may be) to observe and comply with all the Rules. (5) To avoid doubt, no person, other than the Agency, a DI Scheme member or a PPF Scheme member, has any right to enforce the observance of or compliance with any of the Rules where such Rule is relevant. (6) To avoid doubt, any Rules issued under this section are deemed not to be subsidiary legislation. (7) No Rule issued by the Agency may be inconsistent with any regulations made by the Authority under this Act and any such Rule which is so inconsistent is, to the extent of inconsistency, void.


document_id: dipopsa-2011
provision_ref: s64
chapter: PART 10 - DEPOSIT INSURANCE AND POLICY OWNERS’
section: 64
title: Regulations on disclosure and operational preparedness
content:
64. —(1) The Authority may, for the purposes of ensuring disclosure of relevant information by the DI Scheme members and PPF Scheme members to the Agency, depositors, covered parties, customers or potential customers of the DI Scheme members and PPF Scheme members, make regulations for or in respect of all or any of the following matters: ( a ) the disclosure by DI Scheme members and PPF Scheme members as to whether their products are insured deposits or insured policies, as the case may be; ( b ) the manner of disclosure of relevant information by DI Scheme members and PPF Scheme members when they cease to be Scheme members. [31/2018] (2) The Authority may, for the purposes of ensuring the operational preparedness of the DI Scheme members and PPF Scheme members in the event of an occurrence of any event precipitating the use of the DI Fund, PPF Life Fund or PPF General Fund (as the case may be) make regulations for or in respect of all or any of the following matters: ( a ) the necessary systems and processes that DI Scheme members or PPF Scheme members must have in place; ( b ) the appointment of one or more independent persons to assess the operational preparedness of DI Scheme members or PPF Scheme members; ( c ) the employment of requisite personnel and qualified persons by DI Scheme members or PPF Scheme members in respect of the proper functioning of their systems and processes. (3) The regulations made under subsection (1) may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $125,000 or with imprisonment for a term not exceeding 3 years or with both and, in the case of a continuing offence, with a further fine of $12,500 for every day or part of a day during which the offence continues after conviction. (4) The regulations made under subsection (2) may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $125,000 and, in the case of a continuing offence, with a further fine of $12,500 for every day or part of a day during which the offence continues after conviction. (5) Any DI Scheme member or PPF Scheme member which in purported compliance with the regulations made under this section, without reasonable care, discloses any information that is inaccurate, false or misleading, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000. [31/2018]


document_id: dipopsa-2011
provision_ref: s65
chapter: PART 10 - DEPOSIT INSURANCE AND POLICY OWNERS’
section: 65
title: Power of court to order observance of or compliance with Rules
content:
65. —(1) Where any person who is bound to observe or comply with the Rules fails to do so, the General Division of the High Court may, on the application of the Agency, a DI Scheme member or a PPF Scheme member, and after giving the firstmentioned person an opportunity to be heard, make an order directing the firstmentioned person to observe or comply with those Rules. [40/2019] (2) This section is in addition to, and not in derogation of, any other remedy available to the Agency, the DI Scheme member or the PPF Scheme member.


document_id: dipopsa-2011
provision_ref: s66
chapter: PART 11 - OFFENCES
section: 66
title: Offences committed by bodies corporate, etc.
content:
66. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any act or default on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any act or default on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any act or default on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (6) In this section — “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive officer, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (7) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: dipopsa-2011
provision_ref: s67
chapter: PART 11 - OFFENCES
section: 67
title: False statements regarding membership, insured deposits and insured policies
content:
67. —(1) No person may, knowingly or recklessly, make a false or misleading statement as to whether or not — ( a ) any person is a DI Scheme member; ( b ) any person is a PPF Scheme member; ( c ) any deposit or product is an insured deposit; or ( d ) any policy is an insured policy. (2) Any person who contravenes subsection (1) shall, even though a contract does not come into being, be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction.


document_id: dipopsa-2011
provision_ref: s68
chapter: PART 11 - OFFENCES
section: 68
title: Offence by officer
content:
68. —(1) Any officer of a full bank, finance company or relevant insurer who fails to take all reasonable steps to secure — ( a ) compliance by the full bank, finance company or relevant insurer (as the case may be) with any provision of this Act; or ( b ) the accuracy and correctness of any statement submitted to the Authority, the Agency or such other person as may be required under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both. (2) In any proceedings against a person under subsection (1), it is a defence for the person to prove that he or she had reasonable grounds for believing that another person was charged with the duty of securing compliance with the requirements of this Act, or with the duty of ensuring that those statements were accurate and correct (as the case may be) and that that person was competent, and in a position, to discharge that duty. (3) A person shall not be sentenced to imprisonment for any offence under subsection (1) unless, in the opinion of the court, he or she committed the offence wilfully. (4) Despite subsection (1), no officer shall be guilty of an offence where the contravention of any provision of this Act by a full bank, finance company or relevant insurer results in the imposition of only a financial penalty on the full bank, finance company or relevant insurer.


document_id: dipopsa-2011
provision_ref: s69
chapter: PART 11 - OFFENCES
section: 69
title: Duty not to provide false information to Authority or Agency
content:
69. —(1) Any person who provides the Authority or the Agency with any information under or for the purposes of any provision of this Act must use due care to ensure that the information is not false or misleading in any material particular. (2) Subsection (1) applies only to a requirement in relation to which no other provision of this Act creates an offence in connection with the provision of information that is false or misleading in a material particular. [31/2018] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: dipopsa-2011
provision_ref: s70
chapter: PART 11 - OFFENCES
section: 70
title: General penalty
content:
70. Any person who is guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.


document_id: dipopsa-2011
provision_ref: s71
chapter: PART 11 - OFFENCES
section: 71
title: Penalty for corporation
content:
71. —(1) Subject to subsections (2) and (3), where a corporation or body corporate is convicted of an offence under this Act, the penalty that the court may impose is a fine not exceeding 2 times the maximum amount that the court could, but for this subsection, impose as a fine for that offence. (2) Subsection (1) does not apply to — ( a ) offences under sections 6(8) and 32(8); and ( b ) offences under the subsidiary legislation made under this Act where it is expressly provided in the subsidiary legislation that subsection (1) does not apply to those offences. (3) Where an individual is convicted of an offence under this Act by virtue of section 66, the individual shall be liable to the fine or imprisonment or both as prescribed for that offence and subsection (1) does not apply.


document_id: dipopsa-2011
provision_ref: s72
chapter: PART 11 - OFFENCES
section: 72
title: Jurisdiction of court
content:
72. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: dipopsa-2011
provision_ref: s73
chapter: PART 11 - OFFENCES
section: 73
title: Composition of offences
content:
73. —(1) The Authority may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding one half of the amount of the maximum fine that is prescribed for the offence. (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (3) The Authority may make regulations to prescribe the offences which may be compounded. (4) All sums collected under this section must be paid into the Consolidated Fund. [31/2018]


document_id: dipopsa-2011
provision_ref: s74
chapter: PART 12 - FINANCIAL AND AUDIT PROVISIONS
section: 74
title: Financial provisions with respect to DI Fund, PPF Life Fund and PPF General Fund
content:
74. The financial provisions set out in the Sixth Schedule have effect with respect to all moneys in the DI Fund, the PPF Life Fund and the PPF General Fund, respectively.


document_id: dipopsa-2011
provision_ref: s75
chapter: PART 12 - FINANCIAL AND AUDIT PROVISIONS
section: 75
title: Financial provisions with respect to Agency
content:
75. The financial provisions set out in the Seventh Schedule have effect with respect to the Agency.


document_id: dipopsa-2011
provision_ref: s76
chapter: PART 12 - FINANCIAL AND AUDIT PROVISIONS
section: 76
title: Annual report of Agency
content:
76. The Agency must, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Agency during the preceding financial year and containing such information relating to the proceedings and policy of the Agency as the Minister may, from time to time, direct.


document_id: dipopsa-2011
provision_ref: s77
chapter: PART 12 - FINANCIAL AND AUDIT PROVISIONS
section: 77
title: Three-year estimates of income and expenditure
content:
77. —(1) The Agency must before the start of every period of 3 consecutive financial years beginning 1 April 2019, prepare or cause to be prepared estimates of income and expenditure of the DI Fund, the PPF Life Fund, the PPF General Fund and the Agency for the 3 ensuing financial years. [31/2018] (2) The Agency must also prepare or cause to be prepared a supplementary estimate for any financial year where the estimates prepared under subsection (1) are insufficient. [31/2018] (3) All estimates mentioned in subsections (1) and (2) must be presented to the Minister for his or her approval. [31/2018]


document_id: dipopsa-2011
provision_ref: s78
chapter: PART 12 - FINANCIAL AND AUDIT PROVISIONS
section: 78
title: Reporting to Minister
content:
78. If the auditor in the course of the performance of his or her duties as an auditor of the Agency or the DI Fund, PPF Life Fund or PPF General Fund is satisfied that — ( a ) there has been a serious contravention of any provisions of this Act or the Companies Act 1967 or that an offence involving fraud or dishonesty has been committed; or ( b ) serious irregularities have occurred, including irregularities that jeopardise the interests of insured depositors or insured policy owners, the auditor must immediately report the matter in writing to the Minister.


document_id: dipopsa-2011
provision_ref: s79
chapter: PART 13 - MISCELLANEOUS
section: 79
title: Protection from liability
content:
79. No liability shall be incurred by — ( a ) the Agency; ( b ) any director, officer, employee or agent of the Agency; or ( c ) any person acting under the direction of the Agency, as a result of anything done (including any statement made) or omitted to be done in good faith in — ( d ) the exercise or purported exercise of any power under this Act; ( e ) the performance or purported performance of any function or duty under this Act; or ( f ) the execution or purported execution of this Act. [31/2018]


document_id: dipopsa-2011
provision_ref: s79A
chapter: PART 13 - MISCELLANEOUS
section: 79A
title: Indemnity for Agency’s officers against cost of action to which section 79 applies
content:
79A. —(1) The Agency must indemnify a person mentioned in subsection (2) against all costs and expenses reasonably incurred by the person in connection with any action, suit or other legal proceedings to which the person is a party by reason of anything done (including any statement made) or omitted to be done in good faith in the course of or in connection with any of the matters mentioned in section 79( d ), ( e ) or ( f ). [31/2018] (2) Subsection (1) applies to a person who was a person mentioned in section 79( b ) or ( c ) at the time of the alleged act or omission giving rise to the action, suit or proceeding. [31/2018]


document_id: dipopsa-2011
provision_ref: s80
chapter: PART 13 - MISCELLANEOUS
section: 80
title: Preservation of confidentiality
content:
80. —(1) No person who is or has been a member, a director, an officer, an employee or an agent of the Agency may disclose any information relating to the affairs of the Agency or of any other person which has been obtained by the firstmentioned person in the performance of his or her duties or the exercise of his or her functions unless such disclosure is made — ( a ) with the permission of the person from whom the information was obtained or, where the information is the confidential information of a third person, with the permission of that third person; ( b ) for the purpose of the performance of his or her duties or the exercise of his or her functions under this Act; ( c ) in compliance with the requirement of any court or any written law; or ( d ) for the purpose of assisting any public officer or officer of any other statutory board in the investigation or prosecution of any offence under any written law. (2) No person who is or has been a member, a director, an officer, an employee or an agent of the Agency may, for his or her own personal benefit or for the personal benefit of any other person, make use of any information, whether directly or indirectly, which has been obtained by the firstmentioned person in the performance of his or her duties or the exercise of his or her functions. (3) For the purpose of this section, the reference to a person disclosing or making use of any information includes his or her permitting any other person to have any access to any record, document or other thing which is in the firstmentioned person’s possession or under the firstmentioned person’s control by virtue of his or her being or having been a member, a director, an officer, an employee or an agent of the Agency. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: dipopsa-2011
provision_ref: s81
chapter: PART 13 - MISCELLANEOUS
section: 81
title: General exemption
content:
81. —(1) The Minister may, by regulations, exempt any person or class of persons from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed. (2) The Minister may, on application of any person, by written notice exempt the person from all or any of the provisions of this Act if the Minister considers it appropriate to do so in the circumstances of the case. (3) An exemption under subsection (2) — ( a ) may be granted subject to such terms or conditions as the Minister may specify by written notice; ( b ) need not be published in the Gazette ; and ( c ) may be withdrawn at any time by the Minister if he or she considers it necessary in the public interest. (4) Any person who contravenes any term or condition prescribed under subsection (1) or specified by the Minister under subsection (3)( a ) shall be guilty of an offence.


document_id: dipopsa-2011
provision_ref: s82
chapter: PART 13 - MISCELLANEOUS
section: 82
title: Appointment of assistants
content:
82. —(1) The Authority may, subject to such conditions or restrictions as it thinks fit, appoint any person to exercise any of its powers or perform any of its functions or duties under this Act, either generally or in any particular case, except the power to make subsidiary legislation. (2) The Authority may appoint one or more of its officers to exercise a power conferred on the Authority to grant an exemption to any person (not being an exemption granted to a class of persons) under this Act, or to revoke any such exemption. [31/2018] [Act 5 of 2025 wef 09/03/2025] (2A) An appointment under subsection (2) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (3) Any person appointed by the Authority under subsection (1) or (2) is deemed to be a public servant for the purposes of the Penal Code 1871. [31/2018]


document_id: dipopsa-2011
provision_ref: s83
chapter: PART 13 - MISCELLANEOUS
section: 83
title: Inspection of books of DI Scheme members and PPF Scheme members
content:
83. —(1) The Authority may from time to time inspect, under conditions of secrecy, the books of any DI Scheme member or PPF Scheme member for the purposes of this Act. (2) For the purposes of an inspection under this section — ( a ) the DI Scheme member or PPF Scheme member and any other person who is in possession of the books of the DI Scheme member or PPF Scheme member must produce such books to the Authority and give such information or facilities as may be required by the Authority; ( b ) the DI Scheme member or PPF Scheme member must procure that any other person who is in possession of its books produce its books to the Authority and give such information or facilities as may be required by the Authority; and ( c ) the Authority may — (i) make copies of, or take possession of, any of such books; (ii) use, or permit the use of, any of such books for the purposes of any proceedings under this Act; and (iii) retain possession of any of such books for so long as is necessary — (A) for the purposes of exercising a power conferred by this section; (B) for a decision to be made on whether or not proceedings should be commenced under this Act in relation to such books; or (C) for such proceedings to be commenced and carried on. (3) No person is entitled, as against the Authority, to claim a lien on any of the books, but such a lien is not otherwise affected. (4) The Authority may require a person who produced any book to the Authority to explain, to the best of the person’s knowledge and belief, any matter about the compilation of the book or to which the book relates. (5) Any person who, without reasonable excuse, contravenes subsection (2) or a requirement of the Authority under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: dipopsa-2011
provision_ref: s84
chapter: PART 13 - MISCELLANEOUS
section: 84
title: Provision of information and production of books
content:
84. —(1) The Authority may, by written notice, require a DI Scheme member or PPF Scheme member to — ( a ) provide such information; or ( b ) produce any book, at such time and in such manner as the Authority may reasonably require for the proper discharge of its functions. (2) Any information received from a DI Scheme member or PPF Scheme member under this section must be treated as secret by the Authority. (3) Nothing in subsection (2) precludes the Authority from disclosing the information if — ( a ) the information is already in the public domain; ( b ) the information is disclosed in such a manner that the identity of an individual DI Scheme member or PPF Scheme member cannot be ascertained; ( c ) the DI Scheme member or PPF Scheme member consents to the disclosure; ( d ) disclosure of the information on individual DI Scheme member or PPF Scheme member is necessary for the Authority’s performance of its functions or in the exercise of its powers; or ( e ) disclosure of the information is required or authorised by an order of a court in Singapore, or by or under any written law. [31/2018] (4) Any DI Scheme member or PPF Scheme member which fails to or neglects to provide any information or produce any book required by the Authority under this section shall be guilty of an offence. (5) Any DI Scheme member or PPF Scheme member which in purported compliance with subsection (1), without reasonable care, provides any information or produces any book that is inaccurate, false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000. [31/2018]


document_id: dipopsa-2011
provision_ref: s85
chapter: PART 13 - MISCELLANEOUS
section: 85
title: Service of documents, etc.
content:
85. —(1) Any notice, order or document required or authorised by this Act to be served on any person may be served — ( a ) by delivering it to the person or to some adult member or employee of his or her family or household at his or her last known place of residence; ( b ) by leaving it at his or her usual or last known place of residence or business in an envelope addressed to the person; ( c ) by sending it by registered post addressed to the person at his or her usual or last known place of residence or business; or ( d ) in the case of a body corporate, firm or body of persons — (i) by delivering it to the secretary or other similar officer of the body corporate, firm or body of persons at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the body corporate, firm or body of persons at its registered office or principal place of business. (2) Any notice, order or document sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order or document (as the case may be) would in the ordinary course of post be delivered. (3) When proving service of the notice, order or document referred to in subsection (2), it is sufficient to prove that the envelope containing the notice, order or document (as the case may be) was properly addressed, stamped and posted by registered post.


document_id: dipopsa-2011
provision_ref: s86
chapter: PART 13 - MISCELLANEOUS
section: 86
title: Electronic service
content:
86. —(1) The Authority may provide an electronic service for the service of any notice that is required or authorised by this Act to be served on any person. (2) The Authority may use the electronic service to serve any notice on behalf of the Agency. (3) For the purposes of the electronic service, the Authority may assign to any person — ( a ) an authentication code; and ( b ) an account with the electronic service. (4) Despite section 85, where any person has given his or her consent for any notice to be served on him or her through the electronic service, the Authority may serve the notice on that person by transmitting an electronic record of the notice to that person’s account with the electronic service. (5) Where a person has given his or her consent for a notice to be served on him or her through the electronic service, the notice is deemed to have been served at the time when an electronic record of the notice enters his or her account with the electronic service. (6) Despite any other written law, in any proceedings under this Act — ( a ) an electronic record of any notice that was served through the electronic service; or ( b ) any copy or print-out of that electronic record, is admissible as evidence of the facts stated or contained therein if that electronic record, copy or print-out — ( c ) is certified by the Authority to contain all or any information served through the electronic service in accordance with this section; and ( d ) is duly authenticated in the manner specified in subsection (8) or is otherwise authenticated in the manner provided in the Evidence Act 1893 for the authentication of computer output. (7) To avoid doubt — ( a ) an electronic record of any notice that was served through the electronic service; or ( b ) any copy or print-out of that electronic record, is not inadmissible in evidence merely because the notice was served without the delivery of any equivalent document or counterpart in paper form. (8) For the purposes of this section, a certificate — ( a ) giving the particulars of — (i) any person whose authentication code was used to serve the notice; and (ii) any person or device involved in the production or transmission of the electronic record of the notice, or the copy or print-out thereof; ( b ) identifying the nature of the electronic record or copy or print-out thereof; and ( c ) purporting to be signed by the Authority or by a person occupying a responsible position in relation to the operation of the electronic service at the relevant time, is sufficient evidence that the electronic record, copy or print-out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue. (9) Where the electronic record of any notice, or a copy or print-out of that electronic record, is admissible under subsection (6), it is presumed, until the contrary is proved, that the electronic record, copy or print-out accurately reproduces the contents of that document. (10) The Authority may make regulations which are necessary or expedient for carrying out the purposes of this section, including regulations prescribing the procedure for the use of the electronic service, including the procedure in circumstances where there is a breakdown or interruption of the electronic service.


document_id: dipopsa-2011
provision_ref: s87
chapter: PART 13 - MISCELLANEOUS
section: 87
title: Copies or extracts of books to be admitted in evidence
content:
87. —(1) Subject to this section, a copy of or an extract from a book mentioned in this Act that is proved to be a true copy of the book or of the relevant part of the book is admissible in evidence as if it were the original book or the relevant part of the original book. (2) For the purposes of subsection (1), evidence that a copy of or an extract from a book is a true copy of the book or of a part of the book may be given by a person who has compared the copy or extract with the book or the relevant part of the book and may be given orally or by an affidavit sworn, or by a declaration made, before a person authorised to take affidavits or statutory declarations.


document_id: dipopsa-2011
provision_ref: s88
chapter: PART 13 - MISCELLANEOUS
section: 88
title: Application of Companies Act 1967
content:
88. Nothing in this Act, with the exception of sections 58, 59, 60, 62 and 79, affects the operation of the Companies Act 1967 in relation to its application to a company that is designated as the deposit insurance and policy owners’ protection fund agency under section 56.


document_id: dipopsa-2011
provision_ref: s89
chapter: PART 13 - MISCELLANEOUS
section: 89
title: Insurance Act 1966 not to apply in relation to certain parts
content:
89. The provisions of the Insurance Act 1966 (except where expressly mentioned) do not apply to the Agency and anything done by it under this Act.


document_id: dipopsa-2011
provision_ref: s90
chapter: PART 13 - MISCELLANEOUS
section: 90
title: Amendment of Schedules
content:
90. —(1) The Minister may at any time, by order in the Gazette , amend any Schedule except the Fifth, Sixth and Seventh Schedules. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: dipopsa-2011
provision_ref: s91
chapter: PART 13 - MISCELLANEOUS
section: 91
title: Regulations
content:
91. —(1) The Minister may, with the exception of those matters which may be prescribed by the Authority under this Act, make regulations for carrying out the purposes and provisions of this Act and for the due administration thereof. (2) Except as otherwise expressly provided in this Act, regulations made under this Act may — ( a ) be of general or specific application; and ( b ) provide that a contravention thereof shall be punishable — (i) in the case of an individual, with a fine not exceeding $12,500 or with imprisonment for a term not exceeding 12 months or both and, in the case of a continuing offence, with a further fine not exceeding $1,250 for every day or part of a day during which the offence continues after conviction; or (ii) in the case of a company or body corporate, with a fine not exceeding $25,000 and, in the case of a continuing offence, with a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.


document_id: dipopsa-2011
provision_ref: s92
chapter: PART 13 - MISCELLANEOUS
section: 92
title: Saving and transitional provisions
content:
92. —(1) Any exemption granted by the Authority under section 6(2) of the repealed Act immediately before 1 May 2011 continues and is deemed to have been granted under section 6(2) of this Act, and any condition to which the exemption was subject immediately before that date continues and is deemed to have been imposed under section 6(5) of this Act. (2) Any assets, investments or moneys which were part of the DI Fund established under section 9(1) of the repealed Act (whether held in the name of the DI Fund or otherwise) immediately before 1 May 2011, are deemed to be assets, investments and moneys forming part of the DI Fund reconstituted under section 9(1) of this Act. (3) Any approval granted by the Minister under section 11 of the repealed Act in respect of the types of investments that the Agency may invest any money in the DI Fund, continues and is deemed to have been granted by the Minister under section 11 of this Act. (4) Any director holding office at the company designated by the Minister under section 12 of the repealed Act to be the deposit insurance agency immediately before 1 May 2011, continues to hold appointment as such at the company designated by the Minister under section 56 of this Act. (5) The following provisions apply to the Chief Executive, other officers, employees, consultants and agents appointed as such by the company designated by the Minister under section 12 of the repealed Act to be the deposit insurance agency, pursuant to section 18 of that Act immediately before 1 May 2011: ( a ) the Chief Executive, other officers, employees, consultants and agents continue to hold such appointments and are deemed to have been appointed as such under section 62 of this Act; ( b ) the terms and conditions to which their appointments were subject to immediately before 1 May 2011 continue and are deemed to have been imposed under or pursuant to this Act. (6) Subject to subsection (8), every DI Scheme member which has received a notice to pay a premium contribution under section 23 of the repealed Act for the premium year beginning on 1 April 2011 and ending on 31 March 2012, may from 1 May 2011 be required to pay a further premium contribution under this Act in respect of the period commencing on 1 May 2011 until 31 March 2012 (both days inclusive). (7) Sections 12, 14, 16, 17 and 18 of this Act apply, with the necessary modifications, to any payment of further premium contribution. (8) Despite subsection (7), the Authority must, when computing the amount of further premium contribution payable by a DI Scheme member, take into consideration any premium contribution which that DI Scheme member has paid under the repealed Act for the premium year beginning on 1 April 2011 and ending on 31 March 2012. (9) Section 19 of this Act applies, with the necessary modifications, to any premium contribution which a DI Scheme member has received a notice to pay under section 23 of the repealed Act for the premium year beginning on 1 April 2011 and ending on 31 March 2012. (10) Any act or purported act of the Agency (including the entering into of an agreement by the Agency and any act done on behalf of the Agency by an officer or agent of the Agency under any purported authority, whether express or implied, of the Agency) in respect of the PPF Scheme after 1 May 2011 but before the memorandum and articles of association of the Agency have been amended is not invalid by reason only of the fact that the Agency was without capacity or power to do such act. (11) To avoid doubt, section 25(2) and (3) of the Companies Act 1967 does not apply to any act or purported act of the Agency referred to in subsection (10). (12) In this section, a reference to a provision of the repealed Act is a reference to that provision of that Act in force immediately before 1 May 2011.


document_id: dpa-1989
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “destitute person” means — ( a ) any person found begging in a public place in a way that causes or is likely to cause annoyance to persons frequenting the place or otherwise creates a nuisance; or ( b ) any idle person found in a public place, whether or not he or she is begging, who has no visible means of subsistence or place of residence or is unable to give a satisfactory account of himself or herself; “Director‑General” means the Director‑General of Social Welfare and includes any person who is authorised by him or her to perform any of the duties or exercise any of the powers of the Director‑General under this Act or any of its rules; “public place” includes any place to which the public is admitted without payment or on payment; “superintendent” means a person having the management or control of any welfare home established under the provisions, and for the purposes, of this Act; “welfare home” means any institution or part of the institution for the reception, care and rehabilitation of destitute persons established under the provisions, and for the purposes, of this Act. [30/2019] (2) For the purposes of this Act, a person is deemed to be begging if the person’s conduct is calculated to induce the giving of alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise.


document_id: dpa-1989
provision_ref: s3
section: 3
title: Power to require destitute person to reside in welfare home
content:
3. —(1) Any public officer acting under the direction of the Director‑General or any police officer may take in the officer’s charge any destitute person and deliver that person to the custody of the Director‑General. [30/2019] (2) If the Director‑General has reasonable cause to believe that any person so delivered into his or her custody has no visible means of subsistence, he or she may arrange for that person to be temporarily admitted into a welfare home until the Director‑General has held an inquiry. [30/2019] (3) Every such inquiry must be completed within a period of 30 days from the date of that person’s admission into a welfare home or such further period, not exceeding 30 days, as the Minister may approve. (4) If after holding the inquiry the Director‑General is satisfied that the person is a destitute person within the meaning of this Act, the Director‑General may by warrant under his or her hand require that person to reside in a welfare home. [30/2019]


document_id: dpa-1989
provision_ref: s4
section: 4
title: Penalty for begging
content:
4. —(1) Any person being a habitual beggar found begging in a public place in a way that causes or is likely to cause annoyance to persons frequenting the place or otherwise creates a nuisance shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 2 years. (2) In this section, “habitual beggar” means a person who on at least 2 previous occasions was found begging in a public place in a way that causes or is likely to cause annoyance to persons frequenting the place or otherwise creates a nuisance and, consequently, was required on those 2 occasions to reside in a welfare home.


document_id: dpa-1989
provision_ref: s5
section: 5
title: Voluntary admission into welfare home
content:
5. Any destitute person who voluntarily seeks admission into a welfare home is required to undertake that, if admitted, he or she will abide by the conditions of admission imposed under this Act or any rules made under this Act.


document_id: dpa-1989
provision_ref: s6
section: 6
title: Taking of finger impressions and photographs
content:
6. —(1) The Director‑General may authorise the taking of finger impressions and photographs of any destitute person residing in a welfare home. [30/2019] (2) Subject to subsection (3), after the end of 2 years from the date of discharge of a destitute person from a welfare home, the Director‑General must, on that person’s application, deliver to that person the sheet upon which that person’s finger impressions have been made, together with the negatives and copies of the photographs taken of that person, and if no application is received after that period of 2 years and before the end of 3 years from the date of discharge, those records must be destroyed. [30/2019] (3) The Director‑General may retain 3 copies of the photographs taken of the destitute person for maintaining a register of destitute persons admitted to and discharged from welfare homes. [30/2019]


document_id: dpa-1989
provision_ref: s7
section: 7
title: Minister may establish welfare homes
content:
7. —(1) The Minister may, by notification in the Gazette , establish welfare homes at any places within Singapore that he or she thinks proper for the reception, care and rehabilitation of destitute persons in accordance with the provisions of this Act. (2) The Minister may appoint superintendents and other officers for the management of those welfare homes. (3) Every superintendent or officer is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: dpa-1989
provision_ref: s8
section: 8
title: Board of Visitors
content:
8. —(1) The Minister may appoint a Board of Visitors to advise and make recommendations to the Director‑General on all matters pertaining to the welfare of the residents in a welfare home and any other matters that the Minister may refer to the Board. [30/2019] [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) A Board of Visitors may be appointed for one or more welfare homes as the Minister thinks fit.


document_id: dpa-1989
provision_ref: s9
section: 9
title: Rules for management of welfare homes
content:
9. The Minister may make rules — ( a ) for prescribing the constitution and functions of the Board of Visitors; ( b ) for regulating the management of welfare homes and the admission of persons to welfare homes; ( c ) for the care, control and rehabilitation of persons residing in welfare homes; ( d ) for prescribing the forms to be used for the purposes of this Act; and ( e ) generally for carrying out the purposes of this Act.


document_id: dpa-1989
provision_ref: s10
section: 10
title: Review Committee
content:
10. —(1) The Minister may appoint a Review Committee which must review the case of every resident at intervals of not more than 12 months to assess the resident’s suitability for discharge from the welfare home. [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) A Review Committee may be appointed for one or more welfare homes as the Minister thinks fit. (3) The Review Committee has power to recommend to the Director‑General that any resident may be discharged from a welfare home either conditionally or unconditionally. [30/2019]


document_id: dpa-1989
provision_ref: s11
section: 11
title: Discharge from welfare homes
content:
11. Any person admitted to a welfare home, either on that person’s own application or otherwise, may be discharged by the Director‑General either conditionally or unconditionally on the advice of the Review Committee. [30/2019]


document_id: dpa-1989
provision_ref: s12
section: 12
title: Discharge to care of relative or friend
content:
12. —(1) Whenever any individual being a relative or friend of a destitute person who, in the opinion of the Director‑General is willing and able to provide care and support for the destitute person, desires that the destitute person be discharged from a welfare home to the individual’s care and support, the Director‑General must — ( a ) upon the application of the individual; and ( b ) on the individual giving security to the satisfaction of the Director‑General that the destitute person will be properly taken care of and that the individual will ensure the destitute person complies with any condition of discharge from the welfare home, order that destitute person to be discharged to the care of the individual. [30/2019] (2) If for any reason the care and support of the individual for the destitute person ceases, the individual must inform the Director‑General in writing within 24 hours of the cessation of such care and support. [30/2019] (3) An individual who, having undertaken the care and support of a destitute person discharged from a welfare home, fails to inform the Director‑General in writing within 24 hours of the cessation of such care and support shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 2 months. [30/2019]


document_id: dpa-1989
provision_ref: s13
section: 13
title: Persons in welfare home may be required to work
content:
13. —(1) Any person residing in a welfare home may be required to engage in any suitable work for which the medical officer of the home certifies that person to be capable of, either with a view to fitting that person for an employment outside the welfare home or with a view to contributing to that person’s maintenance in the welfare home. (2) Any person residing in a welfare home who attends work outside the welfare home is deemed, while engaged in such employment, to be a resident of the welfare home.


document_id: dpa-1989
provision_ref: s14
section: 14
title: Persons in welfare home may be sent to hospital
content:
14. Any person residing in a welfare home may, if so directed by the medical officer of the home, be sent to a hospital or other medical institution for treatment, and is deemed, while receiving such treatment, to be a resident of the welfare home.


document_id: dpa-1989
provision_ref: s15
section: 15
title: Director‑General may transfer persons in welfare homes
content:
15. Any person residing in a welfare home may, if so directed by the Director‑General, be removed from that welfare home and admitted to another welfare home. [30/2019]


document_id: dpa-1989
provision_ref: s16
section: 16
title: Penalty for escape from lawful custody of welfare home
content:
16. Any person who — ( a ) escapes from the police while committed to the charge of the police under this Act; ( b ) without permission of the superintendent, leaves a welfare home in which the person is required to reside in accordance with section 3 or to which the person has been admitted on the person’s own application under section 5; or ( c ) having obtained the permission of the superintendent leaves a welfare home for a limited time or for a specified purpose, but fails to return at the end of that time or when that purpose has been accomplished or found to be impracticable, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.


document_id: dpa-1989
provision_ref: s17
section: 17
title: Penalty for behaving in disorderly manner
content:
17. Any person residing in a welfare home who — ( a ) takes part in any assault or attack on any officer of the welfare home; ( b ) aggravates or repeatedly assaults any other person residing in the welfare home; or ( c ) wilfully destroys any property of the welfare home, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 2 years.


document_id: dpa-1989
provision_ref: s18
section: 18
title: Arrest of escaped destitute person
content:
18. Any person who is reasonably suspected of having committed an offence under section 16 or 17 and who refuses or fails to accompany a police officer to, or to appear before, a Magistrate’s Court when required to do so for the purposes of this Act may be arrested without a warrant.


document_id: dpa-1989
provision_ref: s19
section: 19
title: Return to welfare home after serving sentence
content:
19. A person who has completed serving a sentence imposed under section 16 or 17 must be returned to a welfare home, and the Director‑General may take that person into custody for this purpose after that person has served the sentence. [30/2019]


document_id: dra-1999
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 13(1), as appropriate; “Board” means the Health Promotion Board established under the Health Promotion Board Act 2001; “certificate of registration” means a certificate of registration issued under section 16 or 24; “Chief Dental Officer” means the Chief Dental Officer of the Ministry of Health; “Council” means the Singapore Dental Council established under section 3(1); “Disciplinary Committee” means a Disciplinary Committee appointed under section 47; “healthcare professional” includes a medical practitioner, a dentist, a nurse, a midwife, a pharmacist, a Traditional Chinese Medicine practitioner and any other person who is licensed to provide any other healthcare services in Singapore; “Health Committee” means the Health Committee appointed under section 54; “practice of dentistry” includes — ( a ) the performance of any procedure and the treatment of any disease, deficiency, deformity, malposition or lesion on or of the human teeth or jaws or associated structures, whether intraorally or extraorally; ( b ) the performance of radiographic work in connection with the human teeth or jaws or associated structures; ( c ) the administration of an anaesthetic agent in connection with any procedure on the human teeth or jaws or associated structures; ( d ) the performance of any procedure on, or the giving of any treatment, advice or attendance to, any person as preparatory to, or for the purpose of or for or in connection with, the fitting, inserting, fixing, constructing, repairing or renewing of dentures or dental appliances; and ( e ) the performance of any such procedure and the giving of any such treatment, advice or attendance as is usually performed or given by dentists; “practising certificate” means a practising certificate granted under section 17 or 25; “president” means the president of the Singapore Dental Council; “registered dentist” means a person who is registered as a dentist under this Act and includes a person deemed to be a registered dentist under section 80(1), and “registered as a dentist” and “registration as a dentist” have corresponding meanings; “registered oral health therapist” means a person registered as an oral health therapist under section 21; “Registrar” means the Registrar of the Council; “repealed Act” means the Dentists Act (Cap. 76, 1985 Revised Edition) repealed by this Act; “Singapore degree” means a degree or diploma in dentistry from the University of Singapore or the National University of Singapore.


document_id: dra-1999
provision_ref: s3
chapter: PART 2 - SINGAPORE DENTAL COUNCIL
section: 3
title: Establishment of Singapore Dental Council
content:
3. —(1) A body called the Singapore Dental Council is established, which is a body corporate with perpetual succession and a common seal. (2) The Council consists of — ( a ) the Chief Dental Officer; ( b ) the Dean of the Faculty of Dentistry of the National University of Singapore; ( c ) 3 registered dentists, to be appointed by the Minister, whose names appear in the first division of the Register of Dentists and who are practising in Singapore; ( d ) one registered dentist, to be appointed by the Minister, whose name appears in the second division of the Register of Dentists and who is practising in Singapore; ( e ) at least one but not more than 3 registered oral health therapists, to be appointed by the Minister, whose names appear in the Register of Oral Health Therapists and who are practising in Singapore; and ( f ) 5 members to be elected by registered dentists whose names appear in the first division of the Register of Dentists and who are practising in Singapore. (3) Only registered dentists whose names appear in the first division of the Register of Dentists and who have at least 10 years’ experience in the practice of dentistry may be elected as members of the Council. (4) The members hold office for a term of 3 years and are eligible for re‑appointment or re‑election. (5) The Minister may, at any time, revoke the appointment of any member appointed under subsection (2)( c ), ( d ) or ( e ) without giving any reason.


document_id: dra-1999
provision_ref: s4
chapter: PART 2 - SINGAPORE DENTAL COUNCIL
section: 4
title: Functions of Council
content:
4. The functions of the Council are — ( a ) to approve or reject applications for registration as a dentist or an oral health therapist under this Act or to approve any such application subject to such conditions as it may think fit; ( b ) to issue certificates of registration and practising certificates to registered dentists and registered oral health therapists; ( c ) to make recommendations to the appropriate authorities on the courses of instructions and examinations leading to a degree of Bachelor of Dental Surgery in the National University of Singapore; ( d ) to make recommendations to the appropriate authorities for the training and education of registered dentists and registered oral health therapists; ( e ) to determine and regulate the conduct and ethics of registered dentists and registered oral health therapists; ( f ) to provide administrative services to other statutory boards responsible for the regulation of healthcare professionals; and ( g ) generally to do all such acts, matters and things as are necessary to be carried out, or which the Council is authorised to carry out, under this Act.


document_id: dra-1999
provision_ref: s5
chapter: PART 2 - SINGAPORE DENTAL COUNCIL
section: 5
title: Compulsory voting
content:
5. —(1) Every fully registered dentist whose name appears in the first division of the Register of Dentists and who — ( a ) is resident in Singapore; and ( b ) has in force a practising certificate on the day of election of candidates as members of the Council mentioned in section 3(2)( f ), must vote for the election of such members at such time and in such manner prescribed. (2) Where a fully registered dentist whose name appears in the first division of the Register of Dentists is required to vote for the election of the members of the Council under subsection (1) and fails to do so, that dentist is not entitled to apply for a practising certificate unless that dentist — ( a ) satisfies the Registrar that he or she had a good and sufficient reason for not voting at the election; or ( b ) pays to the Council a penalty as prescribed by the Council.


document_id: dra-1999
provision_ref: s6
chapter: PART 2 - SINGAPORE DENTAL COUNCIL
section: 6
title: President of Council
content:
6. —(1) The Council has a president who is elected by the members of the Council from among its members. (2) The president serves for a term not extending beyond the expiry of the term for which he or she has been appointed or elected to be a member of the Council, and is eligible for re‑election.


document_id: dra-1999
provision_ref: s7
chapter: PART 2 - SINGAPORE DENTAL COUNCIL
section: 7
title: Disqualifications for membership of Council
content:
7. A person must not be a member of the Council if — ( a ) the person is not a citizen or a permanent resident of Singapore; ( b ) the person is not a registered dentist or registered oral health therapist; ( c ) the person is an undischarged bankrupt; ( d ) the person has been convicted in Singapore or elsewhere of any offence involving fraud or dishonesty, or implying a defect in character which makes the person unfit for his or her profession; ( e ) the person has been found guilty in Singapore or elsewhere of any improper act or conduct which brings disrepute to his or her profession; ( f ) the person has been found guilty in Singapore or elsewhere of professional misconduct; or ( g ) the person’s fitness to practise dentistry is judged by the Health Committee to be impaired by reason of his or her physical or mental condition.


document_id: dra-1999
provision_ref: s8
chapter: PART 2 - SINGAPORE DENTAL COUNCIL
section: 8
title: Filling of vacancies
content:
8. —(1) The office of a member of the Council becomes vacant if the member — ( a ) dies; ( b ) resigns his or her office; ( c ) is incapacitated by physical or mental illness; ( d ) becomes subject to any of the disqualifications specified in section 7; ( e ) without any good and sufficient reason, refuses to accept an appointment as a member of a Disciplinary Committee or the Health Committee; or ( f ) being a member appointed by the Minister under section 3(2)( c ), ( d ) or ( e ), has his or her appointment revoked before the expiry of his or her term of office. (2) The Council may, with the approval of the Minister, remove from office any member of the Council who is absent without leave of the Council from 3 consecutive meetings of — ( a ) the Council; or ( b ) a Disciplinary Committee, or the Health Committee, of which he or she is a member. (3) Any question as to whether a person has ceased to be a member of the Council is to be determined by the Minister whose decision is final. (4) If any vacancy arises among the elected members, the Council must, as soon as practicable, take the necessary action for the election of a person to fill the vacancy. (5) If any vacancy arises among the appointed members, the Minister may appoint a person to fill the vacancy in the manner in which the appointment to the vacant office was made. (6) Any person elected or appointed to fill the vacancy holds office for the remainder of the term for which the vacating member was elected or appointed. (7) The Council may act despite any vacancy in the membership of the Council. (8) No act done by or by the authority of the Council is invalid in consequence of any defect that is afterwards discovered in the appointment or election or qualification of the members or any of them.


document_id: dra-1999
provision_ref: s9
chapter: PART 2 - SINGAPORE DENTAL COUNCIL
section: 9
title: Meetings and quorum of Council
content:
9. —(1) The Council is to meet at such times and places as the president may appoint. (2) The Registrar may exercise the power of the president mentioned in subsection (1) in the absence of the president and at the direction of at least 2 of the members of the Council. (3) At any meeting of the Council, 5 members form a quorum. (4) The president presides at any meeting of the Council and, in the president’s absence, any member that the members present may elect presides at that meeting. (5) The member presiding at any meeting of the Council has an original vote and, in the case of an equality of votes, a casting vote.


document_id: dra-1999
provision_ref: s10
chapter: PART 2 - SINGAPORE DENTAL COUNCIL
section: 10
title: Appointment of executive secretary and other employees
content:
10. The Council may appoint an executive secretary and other employees on such terms as the Council may determine.


document_id: dra-1999
provision_ref: s11
chapter: PART 2 - SINGAPORE DENTAL 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 to any committee so appointed, 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. (2) The number and term of office of the members of a committee appointed under this section and the number of those members necessary to form a quorum are to be fixed by the Council. (3) A committee appointed under this section may include persons who are not members of the Council. (4) This section does not apply in relation to a Complaints Committee, a Disciplinary Committee or the Health Committee.


document_id: dra-1999
provision_ref: s12
chapter: PART 3 - DENTAL REGISTERS
section: 12
title: Registrar
content:
12. —(1) For the purposes of this Act, there is to be a Registrar of the Council. (2) The Chief Dental Officer is to be the Registrar of the Council. (3) The Minister may appoint a person to act as Registrar during the absence from Singapore or incapacity from illness or otherwise of the Registrar.


document_id: dra-1999
provision_ref: s13
chapter: PART 3 - DENTAL REGISTERS
section: 13
title: Registers
content:
13. —(1) In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must maintain and keep the following registers: ( a ) a register to be called the “Register of Dentists” containing — (i) in the first division of the register — (A) under Part I, the names of persons registered as fully registered dentists under section 14(1) and (2); (B) under Part II, the names of persons registered as dentists with conditional registration under section 14A(1); and (C) all the particulars which are transferred to or entered in that division under section 40(6)( a ) of the Dentists (Amendment) Act 2007; and (ii) in the second division of the register, all the names, addresses, qualifications and other particulars which are transferred to or entered in that division under section 40(6)( b ) of the Dentists (Amendment) Act 2007; ( b ) a register to be called the “Register of Temporarily Registered Dentists” containing — (i) the names of persons registered temporarily as dentists under section 14B(1); and (ii) all the names, addresses, qualifications and other particulars which are transferred to or entered in the first division of the register under section 40(6)( c ) of the Dentists (Amendment) Act 2007; ( c ) a register to be called the “Register of Specialists” containing the names of persons registered as specialists under section 14C(1); ( d ) a register to be called the “Register of Oral Health Therapists” containing — (i) under Part I, the names of persons registered as oral health therapists under section 21(1); and (ii) under Part II, the names of persons registered as oral health therapists under section 21(2). [5/2018] (2) Each register must contain — ( a ) the names and addresses of the persons registered; ( b ) the dates of the registration of the persons; ( c ) the qualifications by virtue of which the persons are so registered; and ( d ) any other particulars that the Council may determine for that register. (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 dates of qualification of all dentists and oral health therapists who — (i) are registered under this Act; and (ii) have in force practising certificates. (4) Every person whose name is entered in any of the registers must inform the Registrar in writing of any change in his or her practice address or residential address within 28 days of the change, except that a person who makes a report of a change in his or her residential address under section 10 of the National Registration Act 1965 is deemed to have complied with this subsection on the date on which the person makes the report. (5) The Registrar may disclose any information in the registers to any person prescribed by regulations made under this Act, if such disclosure is in accordance with the conditions specified in those regulations. (6) Subsection (5) is without prejudice to any other right or duty to disclose the information under general or written law. (7) Any person who fails to comply with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. Division 2 &#x2014; Registration of dentists


document_id: dra-1999
provision_ref: s14
chapter: PART 3 - DENTAL REGISTERS
section: 14
title: Full registration
content:
14. —(1) Subject to the provisions of this Act, any person who holds a Singapore degree is entitled to be registered as a fully registered dentist. (2) Despite subsection (1), a person, not being a Singapore degree holder, who holds the qualifications recognised by the Council, and satisfies the Council that the person has special knowledge and skill and sufficient experience in any particular branch of dentistry, is to be registered as a fully registered dentist, if the Council thinks fit so to direct. (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 dentist, direct that the person be registered as a dentist with conditional registration in the Register of Dentists, and section 14A(3) to (7) applies accordingly.


document_id: dra-1999
provision_ref: s14A
chapter: PART 3 - DENTAL REGISTERS
section: 14A
title: Conditional registration
content:
14A. —(1) Subject to the provisions of this Act, any person who — ( a ) holds a degree from a university specified in the Schedule or any other degree which is, in the opinion of the Council, not lower in standing than a degree specified in that Schedule; ( b ) has been selected for employment in Singapore as a dentist in any hospital or other institution or dental practice approved by the Council; and ( c ) satisfies the Council that the person has the knowledge and skill and has acquired the experience which is necessary for practice as a dentist, is to be registered as a dentist with conditional registration in the Register of Dentists, if the Council thinks fit so to direct. (2) The Council may require a person with a degree, other than a degree specified in the Schedule, to undergo and pass an examination conducted or arranged by the Council or by any other person that the Council may appoint to satisfy itself that the degree is not lower in standing than a degree specified in the Schedule. (3) The conditions of a person’s registration under this section must be specified in the direction by virtue of which he or she is registered. (4) 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 dentist approved by the Council; and ( b ) the particular employment or the descriptions of employment for the purposes of which the person is registered under this section. (5) The Council may cancel the conditional registration of a dentist if — ( a ) the dentist has contravened any condition 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 dentist supervising him or her (if any) that he or she is unable to perform the duties of a dentist satisfactorily. (6) A person who is or has been registered with conditional registration may, after the expiry of the period of supervision specified under subsection (4)( a ), apply to the Council to be registered as a fully registered dentist. (7) If the Council thinks fit so to direct, having regard to the knowledge and skill shown and the experience acquired by the applicant, the applicant is to be registered under section 14(1) as a fully registered dentist. (8) On a dentist with conditional registration becoming registered otherwise than conditionally or on his or her registration being cancelled under subsection (5), his or her name must be removed from Part II of the Register of Dentists.


document_id: dra-1999
provision_ref: s14B
chapter: PART 3 - DENTAL REGISTERS
section: 14B
title: Temporary registration
content:
14B. —(1) Subject to the provisions of this Act, any person who has a degree other than a Singapore degree and — ( a ) who is in Singapore for the purpose of teaching, research or postgraduate study in dentistry under any training scheme that may be approved by the Council for that purpose; ( b ) who possesses dental 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 dentist under this Act but who, in the opinion of the Council, possesses other qualifications which are adequate for the purposes of registration under this Act, may be registered temporarily in such dental capacity and for such period as the Council may specify. (2) Any registration under subsection (1) is for a period not exceeding 3 years which may be renewed, at the discretion of the Council, for any further period that the Council thinks fit. (3) A person may be registered under subsection (1) subject to such conditions and restrictions as the Council may impose.


document_id: dra-1999
provision_ref: s14C
chapter: PART 3 - DENTAL REGISTERS
section: 14C
title: Registration of specialists
content:
14C. —(1) Subject to the provisions of this Act, any person who — ( a ) holds such postgraduate degrees or qualifications; ( b ) has gained such special knowledge of and skill and experience in any particular branch of dentistry; or ( c ) has both such postgraduate degrees or qualifications and experience, as the Council may approve, may apply to the Council to be registered as a specialist in that branch of dentistry. (2) A person may be registered under subsection (1) subject to such conditions or restrictions as the Council may impose. [1/2010] (3) The Council must not register any person under subsection (1) as a specialist unless the person has obtained a certificate from the Dental Specialists Accreditation Board under section 42. (4) The Council may, with the approval of the Minister, make regulations for all or any of the following purposes: ( a ) providing for the registration of specialists in any branch of dentistry; ( b ) regulating the recording in, removal from and restoration to the Register of Specialists of the names, particulars and qualifications of persons so registered; ( c ) providing for appeals by dentists against any refusal of the Council to register them in the Register of Specialists or to restore their names to that Register or against any decision of the Council to remove their names from that Register; ( d ) prescribing the fees payable in respect of — (i) any application for registration as a specialist; (ii) any such registration as a specialist; (iii) any restoration of names to the Register of Specialists; and (iv) any appeal.


document_id: dra-1999
provision_ref: s15
chapter: PART 3 - DENTAL REGISTERS
section: 15
title: Application for registration
content:
15. —(1) Every application for registration must be made in such form, and must be accompanied by such documents, photographs, particulars and fees, as may be prescribed by the Council. (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 dentistry. (3) The medical examination is at the applicant’s own expense. (4) Subject to subsection (5), where a person has complied with subsection (1) and any requirement of the Council mentioned in subsection (2), the Council must register the person as a dentist. (5) The Council may refuse to register any applicant who, in the opinion of the Council — ( a ) is not a person entitled to be registered as a dentist in accordance with section 14, 14A or 14B; ( b ) is not of good reputation and character; ( c ) has had his or her registration as a dentist in any other country withdrawn, suspended or cancelled; or ( d ) is unfit to practise dentistry 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 that refusal. (7) Any person who is aggrieved by any refusal of the Council under subsection (5) may, within one month of the notice given under subsection (6), appeal to the Minister whose decision is final. (8) For the purposes of subsection (1), the Council may prescribe different fees for different classes of applicants.


document_id: dra-1999
provision_ref: s16
chapter: PART 3 - DENTAL REGISTERS
section: 16
title: Certificate of registration
content:
16. Where a person has been registered as a dentist, the Council must issue to the person a certificate of registration, and the Council may require that there be affixed to the certificate a photograph of that person or such other evidence of identity as the Council may direct.


document_id: dra-1999
provision_ref: s17
chapter: PART 3 - DENTAL REGISTERS
section: 17
title: Practising certificate
content:
17. —(1) Any registered dentist who desires to obtain a practising certificate must apply to the Council in such form and manner as the Council may prescribe. (2) The application must be accompanied by the prescribed fee. (3) A practising certificate is to be granted for a period not exceeding 2 years from the date of issue of the practising certificate. (4) Any application for renewal of a practising certificate must be made not later than one month before the expiry of the practising certificate in such form as the Council may require. (5) Any registered dentist 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 may be prescribed by the Council. (6) The Council may — ( a ) refuse to grant a practising certificate to a registered dentist; or ( b ) refuse to renew the practising certificate of a registered dentist, if the registered dentist has contravened any condition that is imposed by the Council with the approval of the Minister for the purposes of this section. (7) Where a registered dentist has had his or her name removed from the appropriate register or his or her registration suspended under any provision of this Act, any practising certificate issued to him or her is deemed to be cancelled and the registered dentist must immediately surrender the certificate to the Council. (8) Any person who fails to comply with subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (9) For the purposes of subsection (5), the Council may prescribe different late application fees for applications made before, and applications made after, the expiry of the practising certificates.


document_id: dra-1999
provision_ref: s18
chapter: PART 3 - DENTAL REGISTERS
section: 18
title: Certificate of Registrar in relation to dentists
content:
18. 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 dentist, 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 the appropriate 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. [19


document_id: dra-1999
provision_ref: s19
chapter: PART 3 - DENTAL REGISTERS
section: 19
title: Correction of appropriate register
content:
19. —(1) The Registrar must — ( a ) insert in the appropriate register any alteration which may come to the Registrar’s knowledge in the name or address of any registered dentist; ( b ) correct any error in any entry in the appropriate register; ( 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; or (ii) who is deceased; ( d ) insert in the appropriate register any alteration in the qualifications or additional qualifications of a registered dentist; and ( e ) remove from the appropriate register the name of any person who has requested and shown sufficient reason for his or her name to be removed from that register, unless a complaint has been made, or an inquiry has, or investigations or proceedings have, commenced under Part 5 against that person. (2) The Registrar may remove from the appropriate register the name of any person who has not renewed his or her practising certificate for a continuous period of at least 5 years. [20


document_id: dra-1999
provision_ref: s20
chapter: PART 3 - DENTAL REGISTERS
section: 20
title: Removal of name from appropriate register
content:
20. —(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 dentist under any of the following circumstances: ( a ) if the registered dentist has contravened any condition or restriction imposed by the Council as regards his or her conditional registration under section 14A; ( b ) if the registered dentist has contravened any condition or restriction imposed by the Council as regards his or her temporary registration under section 14B; ( c ) if the registered dentist, being a registered dentist whose name is in the Register of Specialists — (i) has had his or her name removed from the first division of the Register of Dentists; or (ii) has contravened any condition or restriction imposed by the Council under section 14C; ( d ) if the registered dentist, being a person to whom section 40 applies, has contravened any regulation made under that section; ( e ) if the registered dentist has obtained his or her registration fraudulently or by any incorrect statement; ( f ) if the registered dentist’s degree for registration under this Act has been withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; ( g ) if the registered dentist has had his or her registration as a dentist in any other country withdrawn, suspended or cancelled by the authority which registered him or her; ( h ) if the registered dentist has failed to serve the Government or such other body or organisation as directed by the Government for the period specified in any undertaking given by the registered dentist to the Government. (2) The Council must, before exercising its powers under subsection (1), notify the registered dentist concerned of its intention to take such action and must give the registered dentist an opportunity to submit reasons, within such period as the Council may determine, why his or her name should not be removed. (3) 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. [21 Division 3 &#x2014; Registration of oral health therapists


document_id: dra-1999
provision_ref: s21
chapter: PART 3 - DENTAL REGISTERS
section: 21
title: Persons entitled to be registered as oral health therapists
content:
21. —(1) Subject to the provisions of this Act, the following persons may apply to the Council to be registered as an oral health therapist under Part I of the Register of Oral Health Therapists: ( a ) a person who — (i) holds a diploma in dental hygiene and therapy from the Nanyang Polytechnic or any other certificate or diploma which, in the opinion of the Council, is of an equivalent standard and that has been awarded for successfully completing a course of dental training extending over a period of at least 3 years; and (ii) after being registered under Part II of the Register of Oral Health Therapists, has obtained at least 5 years of practical experience in the area of oral health therapy while under the supervision of a registered dentist whose name appears in the first division of the Register of Dentists; ( b ) a person who — (i) holds — (A) a certificate of dental therapy from the Ministry of Health or the Board or any other certificate or diploma which, in the opinion of the Council, is of an equivalent standard and that has been awarded for successfully completing a course of dental training extending over a period of at least 3 years; or (B) a qualification in dental hygiene that is approved by the Council; (ii) has sat for and passed such examinations as may be prescribed by the Council; and (iii) after being registered under Part II of the Register of Oral Health Therapists, has obtained at least 5 years of practical experience in the area of oral health therapy while under the supervision of a registered dentist whose name appears in the first division of the Register of Dentists. (2) Subject to the provisions of this Act, the following persons may apply to the Council to be registered as an oral health therapist under Part II of the Register of Oral Health Therapists: ( a ) a person who holds a diploma in dental hygiene and therapy from the Nanyang Polytechnic or any other certificate or diploma which, in the opinion of the Council, is of an equivalent standard and that has been awarded for successfully completing a course of dental training extending over a period of at least 3 years; ( b ) a person who holds a certificate of dental therapy from the Ministry of Health or the Board or any other certificate or diploma which, in the opinion of the Council, is of an equivalent standard and that has been awarded for successfully completing a course of dental training extending over a period of at least 3 years; ( c ) a person who holds a qualification in dental hygiene that is approved by the Council. (3) The registration of any person mentioned in subsection (1) or (2) may be subject to such conditions as the Council may determine. (4) It is a condition of the registration of any person mentioned in subsection (2) that he or she may only practise dentistry under the supervision of a registered dentist whose name appears in the first division of the Register of Dentists. (5) The Council may require any person mentioned in subsection (2) to undergo and pass such examinations as may be prescribed by the Council to satisfy the Council that he or she has the knowledge and skill and has acquired the experience which is necessary for practice as a registered oral health therapist. (6) Subsection (4) does not apply to — ( a ) any person who is in the public service or who is an officer of the Board practising dentistry in the course of his or her duties in the public service or as an officer of the Board; and ( b ) any other person that the Minister may, by order in the Gazette , specify. [21A


document_id: dra-1999
provision_ref: s22
chapter: PART 3 - DENTAL REGISTERS
section: 22
title: Application for registration as oral health therapist
content:
22. —(1) Every application for registration as an oral health therapist must be made in such form, and must be accompanied by such document, photograph, particulars and fee, as may be prescribed by the Council. (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 dentistry. (3) The medical examination is at the applicant’s own expense. (4) Subject to subsection (5), where a person has complied with subsection (1) and any requirement of the Council mentioned in subsection (2), the Council must register the person as an oral health therapist. (5) The Council may refuse to register any applicant who — ( a ) has had his or her registration as an oral health therapist in any other country withdrawn, suspended or cancelled; or ( b ) in the opinion of the Council — (i) is not a person entitled to be registered as an oral health therapist under section 21; (ii) is not of good reputation and character; or (iii) is unfit to practise dentistry 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 one month of the notice given under subsection (6), appeal to the Minister whose decision is final. (8) For the purposes of subsection (1), the Council may prescribe different fees for different classes of applicants. [21B


document_id: dra-1999
provision_ref: s23
chapter: PART 3 - DENTAL REGISTERS
section: 23
title: Oral Health Therapists Accreditation Committee
content:
23. —(1) The Council must appoint a committee of persons, called the Oral Health Therapists Accreditation Committee — ( a ) to determine the qualifications, experience and other conditions for registration as oral health therapists under this Act; ( b ) to make recommendations to the appropriate authorities on the courses of instructions and examinations leading to any qualification as oral health therapists under section 21(1) and (2); ( c ) to accredit the training programmes to be recognised for persons who intend to qualify for registration as oral health therapists under this Act; and ( d ) to recommend to the Council programmes for the continuing professional education of persons who are registered as oral health therapists under this Act. (2) The Oral Health Therapists Accreditation Committee consists of — ( a ) the chairperson, who is the Chief Dental Officer; ( b ) one member of the academic staff of the dental hygiene and therapy course offered by the Nanyang Polytechnic; ( c ) not more than 2 dentists whose names appear in the first division of the Register of Dentists; and ( d ) not less than 3 and not more than 5 registered oral health therapists, one of whom must be a member of the Council. (3) The members of the Oral Health Therapists Accreditation Committee mentioned in subsection (2)( c ) and ( d ) must be appointed for a term not exceeding 3 years each but may be re‑appointed and may at any time be removed from office by the Council. (4) If any appointed member of the Oral Health Therapists Accreditation Committee dies, resigns or is removed from office, the vacancy so created must as soon as practicable be filled in the manner in which the appointment to the vacant office was made; and every person so appointed holds office for the remainder of the term for which his or her predecessor was appointed. (5) The powers of the Oral Health Therapists Accreditation Committee are not affected by any vacancy in the membership thereof. (6) At any meeting of the Oral Health Therapists Accreditation Committee, 3 members form a quorum. (7) At any meeting of the Oral Health Therapists Accreditation Committee, the chairperson presides and, in the chairperson’s absence, the members present must elect one of their members to preside at the meeting. (8) If on any question to be determined by the Oral Health Therapists Accreditation Committee there is an equality of votes, the chairperson or the member presiding at the meeting has a casting vote. (9) Subject to the provisions of this Act, the Oral Health Therapists Accreditation Committee may determine its own procedure. [21C


document_id: dra-1999
provision_ref: s24
chapter: PART 3 - DENTAL REGISTERS
section: 24
title: Certificate of registration of oral health therapist
content:
24. Where a person has been registered as an oral health therapist, the Council must issue to the person a certificate of registration, and the Council may require that there be affixed to the certificate a photograph of that person or such other evidence of identity as the Council may direct from time to time. [21D


document_id: dra-1999
provision_ref: s25
chapter: PART 3 - DENTAL REGISTERS
section: 25
title: Practising certificate of oral health therapist
content:
25. —(1) Any registered oral health therapist who desires to obtain a practising certificate must apply to the Council in such form and manner as the Council may prescribe. (2) The application must be accompanied by the prescribed fee. (3) A practising certificate must be granted for a period not exceeding 2 years from the date of issue of the practising certificate. (4) Any application for renewal of a practising certificate must be made not later than one month before the expiry of the practising certificate in such form as the Council may require. (5) Any registered oral health therapist 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 may be prescribed by the Council. (6) The Council may — ( a ) refuse to grant a practising certificate to a registered oral health therapist; or ( b ) refuse to renew the practising certificate of a registered oral health therapist, if the registered oral health therapist has contravened any condition that is imposed by the Council with the approval of the Minister for the purposes of this section. (7) Where a registered oral health therapist has had his or her name removed from the Register of Oral Health Therapists or his or her registration suspended under any provision of this Act, any practising certificate issued to him or her is deemed to be cancelled and the registered oral health therapist must immediately surrender the certificate to the Council. (8) Any person who fails to comply with subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (9) For the purposes of subsection (5), the Council may prescribe different late application fees for applications made before, and applications made after, the expiry of the practising certificates. [21E


document_id: dra-1999
provision_ref: s26
chapter: PART 3 - DENTAL REGISTERS
section: 26
title: Certificate of Registrar in relation to oral health therapists
content:
26. 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 oral health therapist, or had or did not have in force a practising certificate; or ( b ) as to any entry in the Register of Oral Health Therapists, 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. [21F


document_id: dra-1999
provision_ref: s27
chapter: PART 3 - DENTAL REGISTERS
section: 27
title: Correction of Register of Oral Health Therapists
content:
27. —(1) The Registrar must — ( a ) insert in the Register of Oral Health Therapists any alteration which may come to the Registrar’s knowledge in the name or address of any registered oral health therapist; ( b ) correct any error in any entry in the Register of Oral Health Therapists; ( c ) remove from the Register of Oral Health Therapists the name of any person — (i) whose name is ordered to be removed under any provision of this Act; or (ii) who is deceased; ( d ) insert in the Register of Oral Health Therapists any alteration in the qualifications or additional qualifications of a registered oral health therapist; and ( e ) remove from the Register of Oral Health Therapists the name of any person who has requested and shown sufficient reason for that person’s name to be removed from that Register, unless a complaint has been made, or an inquiry has, or investigations or proceedings have, commenced under Part 5 against that person. (2) The Registrar may remove from the Register of Oral Health Therapists the name of any person who has not renewed his or her practising certificate for a continuous period of at least 5 years. [21G


document_id: dra-1999
provision_ref: s28
chapter: PART 3 - DENTAL REGISTERS
section: 28
title: Removal of name from Register of Oral Health Therapists
content:
28. —(1) Despite the provisions of Part 5, the Council may order the removal from the Register of Oral Health Therapists of the name of a registered oral health therapist if it comes to the knowledge of the Council that the registered oral health therapist — ( a ) has contravened any condition or restriction to which his or her registration as an oral health therapist is subject; ( b ) has obtained his or her registration by a fraudulent or an incorrect statement; ( c ) has had his or her qualification for registration under this Act withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; or ( d ) has had his or her registration as an oral health therapist in any other country withdrawn, suspended or cancelled by the authority which registered him or her. (2) The Council must, before exercising its powers under subsection (1), notify the registered oral health therapist concerned of its intention to take such action and must give the registered oral health therapist an opportunity to submit reasons, within such period as the Council may determine, why his or her name should not be removed. (3) 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. [21H


document_id: dra-1999
provision_ref: s29
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 29
title: Prohibition of practice of dentistry
content:
29. —(1) Subject to sections 73 and 74, a person must not practise dentistry in Singapore unless the person is a registered dentist and has in force a practising certificate. (2) Subsection (1) does not apply to any registered oral health therapist who has in force a practising certificate and who practises dentistry in Singapore in accordance with the scope of practice prescribed under section 79. (3) Any person who acts in contravention of subsection (1) shall be guilty of an offence. [22


document_id: dra-1999
provision_ref: s30
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 30
title: Liability of employer, etc., for practice of dentistry in contravention of section 29
content:
30. —(1) Where an offence is committed under section 29 by any 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 charge brought under subsection (1) if the defendant proves that the firstmentioned offence was committed without the defendant’s knowledge and that the defendant took reasonable precautions and exercised due diligence to prevent the commission of that offence. [23


document_id: dra-1999
provision_ref: s31
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 31
title:
Liability of registered dentist or registered oral health therapist for allowing another to act in contravention of section 29, etc.

content:
31. —(1) A registered dentist or registered oral health therapist who allows a person to practise dentistry in contravention of section 29 on any premises used by or under the control of that registered dentist or registered oral health therapist shall be guilty of an offence. (2) A registered dentist or registered oral health therapist who, by his or her presence, countenance, advice, assistance or cooperation, has knowingly enabled a person, whether described as an assistant or otherwise, to practise dentistry in contravention of section 29 shall be guilty of an offence. (3) In any proceedings for an offence under subsection (1) or (2), it is a defence for the defendant to prove that — ( a ) the commission of the offence was due to a mistake on his or her part or to reliance on information supplied to him or her or to the act of another person or some other cause beyond his or her control; and ( b ) the defendant took all reasonable precautions and exercised due diligence to prevent the commission of the offence. (4) A registered dentist or registered oral health therapist who practises dentistry on any premises on which any person practises dentistry in contravention of section 29, knowing or having reason to believe that that person was practising dentistry on those premises in contravention of section 29, shall be guilty of an offence. [24


document_id: dra-1999
provision_ref: s32
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 32
title: Suspended persons not to practise dentistry during period of suspension
content:
32. —(1) Any person whose registration as a dentist or an oral health therapist under this Act has been suspended under section 50 or 55 must not practise dentistry during the period of his or her suspension. (2) Any person who contravenes subsection (1) shall be guilty of an offence. [25


document_id: dra-1999
provision_ref: s33
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 33
title: Pretending to be or taking or using the name or title of dentist, etc.
content:
33. —(1) A person, other than a registered dentist who has in force a practising certificate, must not take or use — ( a ) the title of dentist, dental surgeon, registered dentist, qualified dentist, doctor of dental surgery, professor of dentistry or surgeon dentist; ( b ) any prescribed title under section 38(5); or ( c ) any name, title, addition or description implying, whether in itself or in the circumstances in which it is used, that that person is qualified to heal or treat dental disorders or derangement, whether by dentistry or any other means of any kind or description. (2) A person, other than a registered oral health therapist who has in force a practising certificate, must not take or use — ( a ) the title of oral health therapist; or ( b ) any name, title, addition or description implying, whether in itself or in the circumstances in which it is used, that that person is qualified to heal or treat dental disorders or derangement, whether by dentistry or any other means of any kind or description. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence. [26


document_id: dra-1999
provision_ref: s34
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 34
title: Fraudulent registration, etc.
content:
34. Any person who — ( a ) procures or attempts to procure registration as a dentist or an oral health therapist 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 makes or causes to be made any false entry in the appropriate register; ( c ) forges or alters a certificate of registration or a practising certificate; ( d ) fraudulently or dishonestly uses as genuine a certificate of registration or a practising certificate which he or she knows or has reason to believe is forged or altered; or ( e ) buys, sells or fraudulently obtains a certificate of registration or a practising certificate, shall be guilty of an offence. [27


document_id: dra-1999
provision_ref: s35
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 35
title: General penalty
content:
35. Any person who is guilty of an offence under section 29, 30, 31, 32, 33 or 34 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. [28


document_id: dra-1999
provision_ref: s36
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 36
title: Recovery of fees
content:
36. —(1) Subject to the provisions of this Act, a person is not entitled to demand, claim, accept, receive, retain or sue for or recover any fee or charge in any court for the carrying out of any act within the practice of dentistry unless, at the time of carrying out the act, the person is registered as a dentist or an oral health therapist under this Act and has in force a practising certificate. (2) This section does not apply to any medical practitioner registered under the Medical Registration Act 1997. [29


document_id: dra-1999
provision_ref: s37
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 37
title: Evidence of qualification and entry of additional qualifications
content:
37. —(1) A qualification must not be entered in an appropriate register unless the Registrar is satisfied by such evidence as the Registrar may consider proper that the person claiming the qualification is entitled to the qualification. (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 relevant register. (3) The Council has power to decide on the additional qualifications which may be entered in an appropriate register. [30


document_id: dra-1999
provision_ref: s38
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 38
title: Use of qualification and title
content:
38. —(1) A registered dentist or registered oral health therapist must not use any qualification other than the qualifications which are entered in the Register of Dentists in respect of him or her, or which have been approved by the Council for his or her use. (2) A registered dentist whose name appears in the first division of the Register of Dentists must not use any title, addition or designation other than — ( a ) the title, addition or designation which has been approved by the Council for his or her use; or ( b ) if his or her name has been entered in a list mentioned in subsection (6) in respect of a title prescribed under subsection (5), the prescribed title. (3) A registered dentist whose name appears in the second division of the Register of Dentists must not use any title, addition or designation other than that of “registered dentist”, “dentist” or, if his or her name has been entered in a list mentioned in subsection (6) in respect of a title prescribed under subsection (5), the prescribed title. (4) Any registered dentist or registered oral health therapist who contravenes subsection (1), (2) or (3) may be subject to disciplinary proceedings under Part 5 and for the purposes of that Part, such contravention is deemed to be an act which brings disrepute to the profession of a registered dentist or registered oral health therapist, as the case may be. (5) If the Council is of the opinion that any branch of dentistry has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, the Council may, with the approval of the Minister, make regulations to prescribe appropriate titles and conditions under which they may be used. (6) In the case of any prescribed title, regulations may provide — ( a ) for a list to be kept by the Council of the names of registered dentists who are qualified under those regulations to use that title; and ( b ) for any registered dentist who is so qualified to be entitled to have his or her name entered in the list. (7) For the purposes of this section, “use”, in relation to any qualification, title, addition or designation, includes to exhibit or publish the qualification, title, addition or designation in any card, letter, stationery, nameplate, signboard, placard, circular, handbill or any notice displayed by the registered dentist concerned at any premises used by him or her for the practice of dentistry. [31


document_id: dra-1999
provision_ref: s39
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 39
title: False assumption of title of specialist
content:
39. —(1) A registered dentist who is not registered under section 14C as a specialist in a branch of dentistry must not — ( a ) practise dentistry or that branch of dentistry under the style or title of a specialist in that branch of dentistry, or under any name, title, addition or description implying that the registered dentist is such a specialist or has any degree, qualification or experience in that branch of dentistry; or ( b ) advertise or hold himself or herself out as a specialist in that branch of dentistry. (2) A registered dentist who contravenes subsection (1) may be subject to disciplinary proceedings under this Act. [31A


document_id: dra-1999
provision_ref: s40
chapter: PART 4 - PRACTICE OF DENTISTRY
section: 40
title: Certain registered dentists not to perform prescribed procedures
content:
40. —(1) The Council may, with the approval of the Minister, make regulations prohibiting a person to whom this section applies from performing such procedures within the practice of dentistry as are prescribed by those regulations. (2) This section applies to any person deemed to be a registered dentist under section 80(1) on the ground that he or she is registered under the repealed Act immediately before 15 October 1999 by virtue of section 6(1)( e ) of the repealed Act. [32


document_id: dra-1999
provision_ref: s41
chapter: PART 4A - DENTAL SPECIALISTS ACCREDITATION BOARD
section: 41
title: Establishment of Dental Specialists Accreditation Board
content:
41. —(1) There is to be a board called the Dental Specialists Accreditation Board (called in this Part the Accreditation Board) consisting of at least 8 registered dentists to be appointed by the Minister. (2) The chairperson of the Accreditation Board is to be appointed by the Minister from among its members. (3) The chairperson and members of the Accreditation Board are appointed for a term not exceeding 3 years but may be re‑appointed and may at any time be removed from office by the Minister. (4) If any member of the Accreditation Board dies, resigns or is removed from office, the Minister may fill the vacancy by the appointment of a registered dentist and every person so appointed holds office for the remainder of the term for which the vacating member was appointed. (5) The powers of the Accreditation Board are not affected by any vacancy in its membership. (6) At any meeting of the Accreditation Board, 3 members form a quorum. (7) At any meeting of the Accreditation Board, the chairperson presides and, in the chairperson’s absence, the members present must elect one of their members to preside at the meeting. (8) If on any question to be determined by the Accreditation Board there is an equality of votes, the chairperson or the member presiding at the meeting has a casting vote. (9) Subject to the provisions of this Act, the Accreditation Board may determine its own procedure. (10) The Accreditation Board may appoint one or more committees consisting of those members that it thinks fit to assist the Accreditation Board in carrying out its functions under this Act. [32A


document_id: dra-1999
provision_ref: s42
chapter: PART 4A - DENTAL SPECIALISTS ACCREDITATION BOARD
section: 42
title: Functions of Accreditation Board
content:
42. —(1) The functions of the Accreditation Board are — ( a ) to determine the qualifications, experience and other conditions for registration as specialists under this Act; ( b ) to define specialties in dentistry 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 and experience and satisfy the other conditions for registration as specialists under this Act; ( e ) to recommend to the Council programmes for the continuing professional 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 be certified as a specialist may apply to the Accreditation Board. (3) Any person who is aggrieved by the refusal of the Accreditation Board to grant him or her a certificate as a specialist may, within one month of the notice of the refusal, appeal to the Minister whose decision is final. [32B


document_id: dra-1999
provision_ref: s43
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 43
title: Appointment of Complaints Panel
content:
43. —(1) For the purpose of enabling Complaints Committees and Disciplinary Committees to be constituted in accordance with this Part, the Council must appoint a panel (called in this Act the Complaints Panel) consisting of — ( a ) at least 5 members of the Council; ( b ) at least 10 registered dentists of at least 10 years’ standing who are not members of the Council; ( c ) at least 5 registered oral health therapists who have at least 10 years of practical experience in the area of oral health therapy and who are not members of the Council; and ( d ) at least 5 lay persons nominated by the Minister. (2) The term of office of a member of the Complaints Panel mentioned in subsection (1)( a ) expires at the end of his or her term of office as member of the Council, and a member of the Complaints Panel mentioned in subsection (1)( b ), ( c ) or ( d ) is to be appointed for a term of 2 years; and any member is eligible for re‑appointment. (3) The Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership. (4) 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. [33


document_id: dra-1999
provision_ref: s44
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 44
title: Complaints against registered dentists and registered oral health therapists
content:
44. —(1) Any — ( a ) complaint of the conduct of a registered dentist or registered oral health therapist in his or her professional capacity or of his or her improper act or conduct which brings disrepute to his or her profession; ( b ) information on the conviction of a registered dentist or registered oral health therapist of any offence implying a defect in character which makes him or her unfit for his or her profession; or ( c ) information touching upon the physical or mental fitness to practise of a registered dentist or registered oral health therapist, must be made or given to the Council which must refer the complaint or information, other than a complaint or information touching on the matters mentioned in section 20 or 28, to the chairperson of the Complaints Panel. (2) The Council may, on its own motion, refer any information on the conviction of a registered dentist or registered oral health therapist of any offence implying a defect in character which makes him or her unfit for his or her profession to the chairperson of the Complaints Panel. (3) Where a registered dentist or registered oral health therapist has contravened section 38 or 39, or has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, the Council must, despite subsection (1) or (2), immediately refer the matter to a Disciplinary Committee under section 47. (4) Every complaint made or information given 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 any public officer. (5) The chairperson of the Complaints Panel may from time to time appoint one or more committees (called for the purposes of this Act Complaints Committees) consisting of — ( a ) a chairperson, being a member of the Complaints Panel who is a member of the Council; ( b ) 2 members of the Complaints Panel comprising 2 registered dentists or one registered dentist and one registered oral health therapist; and ( c ) a member of the Complaints Panel who is a lay person, which must inquire into any complaint or information mentioned in subsection (1) or (2). (6) A Complaints Committee is to be appointed in connection with one or more matters or for such 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 ) or ( b ) or (2) is referred to the chairperson of the Complaints Panel, the chairperson of the Complaints Panel must lay the complaint or information before a Complaints Committee. (8) Where any complaint or information mentioned in subsection (1)( c ) is referred to the chairperson of the Complaints Panel, the chairperson of the Complaints Panel 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 dentist or registered oral health therapist 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 may 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 of the Complaints Committee must vote on any question arising at the meeting and that 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. (15) A member of a Complaints Committee, even though he or she has 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. [34


document_id: dra-1999
provision_ref: s45
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 45
title: Inquiry by Complaints Committee
content:
45. —(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 of the Complaints Panel may grant any extension of time to the Complaints Committee that 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 dentist or registered oral health therapist concerned to give all information in relation to any book, document, paper or other record which may be reasonably required by the Complaints Committee or by the person so appointed. (4) Any registered dentist, registered oral health therapist 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 to that book, document, paper or other record, 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 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 dentist or registered oral health therapist unless the Complaints Committee 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 dentist or registered oral health therapist should be called upon to answer any allegation made against him or her, the Complaints Committee must post or deliver to that registered dentist or registered oral health therapist — ( a ) copies of any complaint or information and of any statutory declaration or affidavit that have been made in support of the complaint or information; and ( b ) a notice inviting that registered dentist or registered oral health therapist to give to the Complaints Committee, within the period (being at least 21 days) that is specified in the notice, any written explanation he or she may wish to offer. (8) The registered dentist or registered oral health therapist 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 dentist or registered oral health therapist concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to him or her, decide on its own motion to inquire into that matter. (10) Where the complainant withdraws the complaint before — ( a ) it is referred to a Complaints Committee or the Health Committee under this Part; or ( b ) the conclusion of the inquiry of a Complaints Committee or Disciplinary Committee before which it is laid, or of the Health Committee, the Council may, despite such withdrawal, direct that an inquiry be conducted into the complaint or the inquiry into the complaint be continued, and the chairperson of the Complaints Panel, the Complaints Committee, the Disciplinary Committee or the Health Committee (as the case may be) must comply with that direction as if the complaint had been made by the Council. (11) Any member of the Council who is employed in the Ministry of Health is not disqualified from being a member of a Complaints Committee or Disciplinary Committee or the Health Committee by reason only that he or she or the complainant is so employed. [35


document_id: dra-1999
provision_ref: s46
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 46
title: Findings of Complaints Committee
content:
46. —(1) Upon due inquiry into the complaint or information, or any information or evidence mentioned in section 45(9), a Complaints Committee must — ( a ) if it is of the view that no formal inquiry is necessary — (i) order that the registered dentist or registered oral health therapist be issued with a letter of advice; (ii) order that the registered dentist or registered oral health therapist 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 dentist or registered oral health therapist 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 the terms that it thinks fit. (5) A Complaints Committee must notify the registered dentist or registered oral health therapist concerned and the person who made the complaint or gave the information under section 44(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 dentist or registered oral health therapist 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. [36 Division 2 &#x2014; Disciplinary Committee


document_id: dra-1999
provision_ref: s47
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 47
title: Appointment of Disciplinary Committee
content:
47. —(1) The president may, from time to time, appoint one or more committees each consisting of — ( a ) a chairperson from a panel, to be appointed by the Minister, comprising fully registered dentists whose names appear in the first division of the Register of Dentists and who have had at least 20 years’ experience in the practice of dentistry; ( b ) at least one member of the Council; ( c ) at least one member of the Complaints Panel, not being a member of the Council; and ( d ) an observer who is a lay person, to be known as a Disciplinary Committee, to inquire into — ( e ) any complaint or matter in respect of which the Minister or a Complaints Committee has under section 46 ordered that an inquiry be held by a Disciplinary Committee; or ( f ) any matter referred to it under section 44(3). (2) A member of a Complaints Committee inquiring into any matter concerning a registered dentist or registered oral health therapist 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 may think fit. (5) The Council may at any time revoke the appointment of any Disciplinary Committee or may remove any member of a Disciplinary Committee or 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 of the Disciplinary Committee must vote on any question arising at the meeting and that 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. [37


document_id: dra-1999
provision_ref: s48
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 48
title: Proceedings of Disciplinary Committee
content:
48. —(1) A Disciplinary Committee is to meet from time to time to inquire into any matter referred to it by the Council and may regulate its own procedure. (2) A member of a Disciplinary Committee, even though he or she has 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 dentist or registered oral health therapist 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 any manner that 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 a subpoena to produce documents. (6) The subpoenas mentioned 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. [40/2019; 25/2021] (7) Any person giving evidence before a Disciplinary Committee is legally bound to tell the truth. (8) Witnesses have 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 that 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. [38


document_id: dra-1999
provision_ref: s49
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 49
title: Reference and transfer of cases to Health Committee
content:
49. —(1) Where, in the course of inquiring into the case of a registered dentist or registered oral health therapist, it appears to a Disciplinary Committee that his or her 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 dentist or registered oral health therapist 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 dentist or registered oral health therapist 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. [39


document_id: dra-1999
provision_ref: s50
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 50
title: Findings of Disciplinary Committee
content:
50. —(1) Where a registered dentist or registered oral health therapist is found or judged by a Disciplinary Committee — ( a ) to have been convicted in Singapore or elsewhere of any offence involving fraud or dishonesty; ( b ) to have been convicted in Singapore or elsewhere of any offence implying a defect in character which makes him or her unfit for his or her profession; ( c ) to have been guilty of such improper act or conduct which, in the opinion of the Disciplinary Committee, brings disrepute to his or her profession; ( d ) to have been guilty of professional misconduct; or ( e ) to have contravened section 38 or 39, the Disciplinary Committee may exercise one or more of the powers set out in subsection (2). (2) The powers mentioned in subsection (1) are as follows: ( a ) by order direct the Registrar to remove the name of the registered dentist or registered oral health therapist concerned from the appropriate register; ( b ) by order suspend the registration of the registered dentist or registered oral health therapist concerned for a period of at least 3 months and not more than 3 years; ( c ) by order impose any conditions that are necessary to restrict the practice of the registered dentist or registered oral health therapist concerned in any manner that the Disciplinary Committee thinks fit for a period not exceeding 3 years; ( d ) by order impose on the registered dentist or registered oral health therapist concerned a penalty not exceeding $50,000; ( e ) by writing censure the registered dentist or registered oral health therapist concerned; ( f ) by order require the registered dentist or registered oral health therapist concerned to give any undertaking that the Disciplinary Committee thinks fit to abstain in future from the conduct complained of; ( g ) make any other order that the Disciplinary Committee thinks fit. (3) In any proceedings instituted under this Part against a registered dentist or registered oral health therapist 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 are to accept his or her conviction as final and conclusive. [40/2019] (4) A Disciplinary Committee may under subsection (2) order the registered dentist or registered oral health therapist concerned to pay to the Council the sums that it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Committee and, where applicable, an Interim Orders Committee. (5) The General Division of the High Court has jurisdiction to tax the costs mentioned in subsection (4) 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] (6) The Disciplinary Committee in ordering that costs be paid by the registered dentist or registered oral health therapist 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] (7) The costs and expenses mentioned in subsection (4) 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 ) any reasonable expenses that the Council may pay to witnesses; and ( c ) any reasonable expenses that are necessary for the conduct of proceedings before the Disciplinary Committee and the Interim Orders Committee. [40


document_id: dra-1999
provision_ref: s51
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 51
title: Orders of Disciplinary Committee
content:
51. —(1) Where a registered dentist or registered oral health therapist in respect of whom an order is made under section 50(2)( c ), or an order for interim restricted registration is made under section 58(1)( b ) or 60(1)( d ), is judged by a Disciplinary Committee (whether, in the case of an order under section 50(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 him or her as conditions of his or her registration, the Disciplinary Committee may, if it thinks fit, order — ( a ) that his or her name be removed from the appropriate register; or ( b ) that his or her registration in the appropriate register be suspended for any period not exceeding 12 months that may be specified in the order. (2) Where a Disciplinary Committee has made an order for suspension under subsection (1)( b ) or section 50(2)( b ), the Disciplinary Committee may order that the registration of the person whose registration is suspended must, as from the expiry of the current period of suspension, be restricted in any manner that 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 50(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, if it thinks fit, order — ( a ) that his or her name be removed from the appropriate register; or ( b ) that, as from the expiry of the current period of suspension, his or her registration in the appropriate register be restricted in any manner that it thinks fit for a period not exceeding 3 years. (4) Where a Disciplinary Committee has made an order under section 50(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 dentist or registered oral health therapist whose registration is subject to conditions imposed by an order made under subsection (2) or (3) as it applies to a registered dentist or registered oral health therapist whose registration is subject to conditions imposed by an order for restricted registration made under section 50(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) Any person who is aggrieved by any order mentioned in subsection (6) 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 and there is no appeal from the decision of the General Division of the High Court. [40/2019] (8) In any appeal to the General Division of the High Court against an order mentioned in subsection (6), the General Division of the High Court is to accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of professional ethics or standards of professional conduct unless that finding is in the opinion of the General Division of the High Court unsafe, unreasonable or contrary to the evidence. [40/2019] (9) Subject to subsection (10), 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 50(2) does not take effect until the expiry of 30 days after the order is made. (10) On making an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 50(2), a Disciplinary Committee may, if it is 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 dentist or registered oral health therapist concerned, order that his or her registration in the appropriate register be suspended or that his or her name be removed from the appropriate register immediately. (11) Where an order under subsection (10) 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. (12) Where the person concerned is neither present nor represented at the proceedings of the Disciplinary Committee, the order made under subsection (10) takes effect from the time of service of the notice of the order on that person. (13) 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 50(2), takes effect from the time the order is made. (14) Despite anything in this section, where a registered dentist or registered oral health therapist has appealed to the General Division of the High Court against an order of a Disciplinary Committee under subsection (7), 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 is withdrawn. [40/2019] (15) 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 such order the person’s rights and privileges as a registered dentist or registered oral health therapist are revived as from the date of the expiry provided that the dentist or oral health therapist (as the case may be) has complied with all the terms of the order. (16) Where a registered dentist or registered oral health therapist is not found or judged by a Disciplinary Committee to have been convicted or guilty of any matter mentioned in section 50(1), the Disciplinary Committee must dismiss the complaint or matter. [41


document_id: dra-1999
provision_ref: s52
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 52
title: Restoration of names to appropriate register
content:
52. —(1) Where the name of a dentist or an oral health therapist has been removed from an appropriate register pursuant to an order made by a Disciplinary Committee under section 50 or 51, the Council may, upon application by the dentist or oral health therapist and if it thinks fit, direct — ( a ) that his or her name be restored to the appropriate register; or ( b ) where the person is a dentist, that the person be registered as a dentist with conditional registration in Part II of the Register of Dentists, and section 14A(3) to (8) applies accordingly. (2) An application for the restoration of a name to an appropriate register under subsection (1) 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 dentist or oral health therapist, and unless the dentist or oral health therapist has complied with all the terms of the order made against him or her. [42


document_id: dra-1999
provision_ref: s53
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 53
title: Report of breach
content:
53. Where any breach of any written law is disclosed to the Disciplinary Committee in the course of an inquiry, the Disciplinary Committee may, in its discretion, report the breach to the appropriate authorities. [43 Division 3 &#x2014; Health Committee


document_id: dra-1999
provision_ref: s54
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 54
title: Health Committee
content:
54. —(1) There is to be a committee called the Health Committee comprising at least 3 members of the Council, to be appointed by the president, which must inquire into any case referred to it under this Act. (2) The president must appoint one of the members of the Health Committee as the chairperson of the Committee. (3) A member of the Health Committee is to be appointed for a term of 2 years and is eligible for re‑appointment. (4) The Council may, with the approval of the Minister, appoint medical assessors to assist the Health Committee in its inquiry, and pay to the medical assessors, as part of the expenses of the Council, any remuneration that the Council may determine. [48


document_id: dra-1999
provision_ref: s55
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 55
title: Unfitness to practise through illness, etc.
content:
55. —(1) Where the fitness of a registered dentist or registered oral health therapist to practise dentistry is judged by the Health Committee to be impaired by reason of his or her physical or mental condition, the Health Committee may exercise one or more of the following powers: ( a ) order that he or she pays to the Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee and, where applicable, an Interim Orders Committee; ( b ) order that his or her registration as a dentist or an oral health therapist be suspended for any period not exceeding 12 months that may be specified in the order; ( c ) order that his or her registration as a dentist or an oral health therapist be conditional on his or her compliance, during any period not exceeding 3 years that may be specified in the order, with any requirements that may be imposed by the Health Committee for the protection of members of the public or in his or her interests (called in this Division restricted registration); ( d ) recommend to the Council that his or her name be removed from the appropriate register. (2) Where a registered dentist or registered oral health therapist 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 58(1)( b ) or 60(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, if it thinks fit, order that his or her registration be suspended for any period not exceeding 12 months that may be specified in the order. (3) Where the Health Committee has made an order for suspension under subsection (1)( b ) or (2), the Health Committee may order that the registration of the person whose registration is suspended must, as from the expiry of the current period of suspension, be a restricted registration. (4) Where the Health Committee has made an order for suspension under subsection (1)( b ) or (2) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit — ( a ) make a recommendation mentioned in subsection (1)( d ) to the Council, and subsection (9) applies accordingly; or ( b ) order that, as from the expiry of the current period of suspension, his or her registration in the appropriate register be restricted in the manner that it thinks fit for a period not exceeding 3 years. (5) 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. (6) Subsection (2) applies to a registered dentist or registered oral health therapist whose registration is a restricted registration by virtue of an order made under subsection (3) or (4) as it applies to a registered dentist or registered oral health therapist whose registration is a restricted registration by virtue of an order made under subsection (1)( c ), and subsection (5) applies accordingly. (7) Where the Health Committee has made any order under this section, or has varied the conditions imposed by an order 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. (8) While a person’s registration is suspended by virtue of this section, the person must not be regarded as being registered as a dentist or an oral health therapist even though the person’s name still appears in the appropriate register. (9) 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 dentist or registered oral health therapist be removed from the appropriate register and that order takes effect from the date it is made. (10) Sections 47(5), (6) and (7) and 48 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. (11) Any person who is aggrieved by an order, or any variation of the conditions imposed by an order for restricted registration, made under this section may, within 21 days of the service on him or her of the notification of the order, appeal to the Minister whose decision is final. (12) Any order or any variation of the conditions imposed by an order for restricted registration takes effect from the time the order or variation is made unless the Minister decides otherwise. [49


document_id: dra-1999
provision_ref: s56
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 56
title: Restoration of names removed on recommendation of Health Committee
content:
56. —(1) Where the name of a person has been removed from an appropriate register on the recommendation of the Health Committee under section 55, the Council may, upon application by the person, if it thinks fit, direct — ( a ) that the person’s name be restored to the appropriate register; or ( b ) where the person is a dentist, that the person be registered as a dentist with conditional registration in Part II of the Register of Dentists, and section 14A(3) to (8) applies accordingly. [20/2021] (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 dentist or oral health therapist. (3) An application under subsection (1) must not be made to the Council by or on behalf of the dentist or oral health therapist unless the dentist or oral health therapist has complied with all the terms of the order made against him or her. [49A Division 4 &#x2014; Interim Orders Committee


document_id: dra-1999
provision_ref: s57
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 57
title: Interim Orders Committee
content:
57. —(1) The Council may, from time to time, appoint one or more committees each comprising 3 of its members (called in this Act an Interim Orders Committee) to inquire into any matter referred by the Council under subsection (4). (2) The Council must appoint one of the members of the Interim Orders Committee as chairperson of that Committee. (3) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time. (4) 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 58; and the Council must refer the complaint or information to an Interim Orders Committee for this purpose. (5) 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. (6) 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 55(9) in respect of that matter. (7) The chairperson of the Complaints Panel and any member of the Health Committee must not be a member of an Interim Orders Committee. (8) All members of an Interim Orders Committee must vote on any question arising at a meeting of the Interim Orders Committee and such question is to be determined by a majority of votes. (9) A member of an Interim Orders Committee which has commenced any inquiry or review of any case must, even though he or she has ceased to be a member of the Council, continue to be a member of the Interim Orders Committee until completion of that inquiry or review. (10) Sections 47(5), (6) and (7) and 48(1) and (4) to (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. [49B


document_id: dra-1999
provision_ref: s58
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 58
title: Interim orders
content:
58. —(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 dentist or registered oral health therapist, for his or her registration to be suspended or to be made subject to conditions, the Interim Orders Committee may make an order — ( a ) that his or her registration in the appropriate register be suspended for any period not exceeding 18 months that may be specified in the order (called in this Division an interim suspension order); or ( b ) that his or her registration be conditional on his or her compliance, during any period not exceeding 18 months that may be specified in the order, with any specified requirements that the Interim Orders Committee thinks fit to impose (called in this Division an order for interim restricted registration). (2) The Registrar must immediately serve a notice of the order under subsection (1) on the registered dentist or registered oral health therapist. [49C


document_id: dra-1999
provision_ref: s59
chapter: PART 5 - DISCIPLINARY PROCEEDINGS AND HEALTH
section: 59
title: Review of interim orders
content:
59. —(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 58, the Interim Orders Committee or another Interim Orders Committee appointed in its place — ( a ) must review the order within the period of 6 months beginning on the date on which the order was made, and must, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and ( b ) may review the order where new evidence relevant to the order has become available after the making of the order. (2) Where the General Division of the High Court has extended the order under section 62(2) or an Interim Orders Committee has made a replacement order under section 60(1)( c ) or ( d ), the first review after that 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 the period of 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 the order had been reviewed under subsection (1), within the period of 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, as the case may be. [49D [40/2019]


